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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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From  the  Jarboe  LUfrary 


'I 


t 


'l-^ 


■w 


I 


Lately  published. 

The  Twelfth  Volume  of 

THE  PARLIAMENTARY  HISTORY  OP  ENGLAND, 

From  the  Earliest  Period  down  to  the  Year  1803. 

[VoL  XIH.  wiU  be  published  in  December.^ 

Aho, 
THE   PARLIAMENTARY   DEBATES, 

From  the  Year  1803  to  the  present  Time. 

The  Tw|£NT*-piiisT,  TwENT^'SEcoND,   ttiid   TwENTY*TnmD   VolumeB   of 
Work,  comprising  the  Debates  in  both  Houeefi  of  Parliament  during  the  Sesa 
1812,  are  ready  for  deUwry, 

%♦  Subscribers  who  may  not  hiTFe  completed  their  Sets  affe  requested  to  m 
Immediate  application  for  the  Volumes  wanted,  as  the  Proprietors  will  not  engagi 
supply  aoy  Odd  Volumes  ai^er  the  first  of  January  1813* 

[Complete  Sets  m&y  atlU  be  had*] 


State   Trials. 


VOL.   XVI. 


NOTE  TO  THE  READER 
FRAGILE 

THE  PAPER  IN  THIS  VOLUME  IS  BRITTI E 

PLEASE  HANDLE  WITH  CARE 


COMPLETE  ::GQfc LECTION 


...  •o]^ •  •:*• ..•;  ;:•••• 


Stite    Trials 

AKD 

PROCEEDINGS  FOR   HIGH  TREASON  AND  OTHER 
CRIMES  AND  MISDEMEANORS 

nOM  TOE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME, 
WITH  IfOTES  AJ^D  OTHER   ILLUSTRATIOJfS 

COMPILED  BY 

T.  B.  HOWELL.  Esq.  F.R.S.  P.&A. 


VOL.  XVI. 
A.D.  1722—1725. 



LONDON: 

PRINTED  BY  T.  C  HANSARD,  PETERBOROUGH-COURT,  FLEET-STREBTs 

ijDNOMAN,  HURST,  REES,  ORME,  it  BROWN ;  J.  RICHARDSON ;  BLACK, 
PARRY,  &  CO. ;  J.  HATCHARD  ;  £.  LLOYD  ;  E.  BUDD  ;  J.  FAULDER; 
B.  JEFFERY ;  J.  BOOKER ;  CRADOCK  Ik  JOY ;  R.  H.  SVANS ;  J.  BOOTHi 
KKD  T.  C.  HANSARD. 

1813. 


1  tiH:\74 


TABLE   OF  CONTENTS 


TO 


VOLUME  XVI. 


REIGN  OP  KING  GEORGE  THE  FIRST. 

Page 
461.    The  Trial  of  HUGH  REASON  and  RpBERT  TRANTER, 
at  the  King's-Bench,  for  the  Murder  of  Edward  LuttereD,  esq* 

▲.p.  nas < -...M i 1 

4SS.  The  Trial  of  JOHN  WOODBUENE  and  ARUNDEL  COKE,  esq. 
at  Sufiblk  ABsizes,  for  Felony,  in  wilfully  ditting  the  Nose  of 
EDWARD  CRISPE,  gent.  a.d.  1722 54 

463.  The  Trial  of  CHRISTOPHER  LAYER,  esq.  at  the  King*«.Bench, 

for  High  Treason,  a.  d.  1722    9$"^' 

464.  Proceedings  in  Parliament  agunst  JOHN  PLUNKETT,  GEORGE 

KELLY,  alias  JOHNSON,  and  Dr.  FRANCIS  ATTERBURY, 
Bishop  of  Rochester,  upon  Bills  of  Pains  and  Penalties  for  a  Trea- 
sonable Conspiracy,  a.d.  1723 324 

465.  The  Trial  of  EDWARD  ARNOLD,  for  Felony  (in  maliciously  and 

wilfully  shooting  at,  and  wounding,  the  Right  Hon.  the  Lord  ' 

I  Onslow  )y  at  the  Assizes  held  at  Kingston  upon  Thames,  in 
Surrey,  March  20,  a.d.  1724     693 

I  The  Trial  of  THOMAS  Eari  of  MACCLESFIELD,  Lord  High 
Chancellor  of  Great  Britain,  befdlie  the  House  of  Lords,  for  High 
Crimes  and  Misdemeanors  in  the  Execution  of  his  Office,  a.  d. 
1786 76T 


ERRATA  in  this  Volume. 

Pagee4i6f  UlBnf  Ndefjor,  'nz.  to  the  maintenanoe  of  the  Dogma,  read,  to  th» 
iii^iitetiaiiGey  for  inBtance,  of  the  Dogma. 

Page  M9|  L  ^ofNote^Jbrf  Pope's  sneer,  readf  the  sneer  of  Atterbury's  friend  Pope. 


A    COMPLETE    COLLECTION 

OF 

STATE    TRIALS, 


461.  The  Trial  of  Hugh  Reason  and  Robebt  Trai^tek,  at  the 
KingVBench,  for  the  Murder  of  Edw^ard  Luttcrell,  esq.  HiL 
&  Gkokge  I.  A.  D.  1722* 


February^,  1732. 

kBoen  Rci^. — DoMiNut  Rex  ver.  Huoonem 
ReaBOM  et  ItoBERTUM  I'eamter. 

.    TV  I  odictineot  win  as  follows : 

*  T HE  Jury  present,  that  Huffh  Reason  and 
BoWrt  Trmoter,  not  ha?iii^  the  &ar  of  God  be- 
fcvr  tlicir  eyes,  but  beio(r  moired  and  seduced 
Ik  the  instigation  of  tb«  devil,  the  17tb  day  of 

'  This  Case  is  rejiorted  in  1  iSirauge  499,  as 
laws: 

DoMiKus  Rex  v.  Reason  and  Tranter. 

*<  The  defendants  bein^  indicted  by  the  grand 
JHT  ttiat  attends  the  Court  of  B.  R.  tor  the 
Mnler  ot  Mr.  Luttereil,  Mere  brouj^ht  up  to 
tyt  bar  and  arraigned,  and  pleade<I  Not  Guilty  ; 
BB«i  M\y*fk  their  request  were  remanded  to  New- 
fate,  instead  of  being  turned  over  to  the  inar- 
siial. 

"  Upon  the  Trial  (which  was  at  bar)  we  who 
were  counsel  for  the  king  offered  to  give  in 
fvidence  several  declarations  made  by  the  de- 
emed on  his  dt-ath-bed,  whereby  he  charged 
ike  defendants  with  barbarously  murdermg 
kn,  aud  without  much  hesitation  the  Court 
kl  OS  ixito  thai  evidence.  Whereupon  we  call- 
id  a  clergyman  who  attended  him,  and  he 
»are  that  l>eing  desired  by  some  friends  of  the 
l^odants  to  press  Mr.  Lutterell  to  declare 
*te  provocation  he  had  given  the  defendants 
to  Me  hint  in  that  manner  ;  he  declared  upon 
Aanivation,  that  as  he  was  a  dying  man  he 
J^  them  DO  provocatilb,  but  they  barbarously 
^  'ercd  him :  that  in  the  afternoon  of  the 
di^v,  two  justices  of  the  peace  being  pre- 
M  hmving  given  him  bis  oath,  he  made 
r  aod  more  particular  declaration  to  that 
•.  wbich  the  witness  at  the  desire  of  the 
-mIl  down  in  writing,  hut  Mr.  Luttcrell 
■■^  io  write,  it  was  not  signed  by 
"%«  w«  did  not  deliver  it  in. 


m 


Ootebcr  last,  about  the  boor  of  t«D  of  the  clock 
in  the  forenoon  of  the  said  day,  by  force  and 
arms,  at  the  parish  of  St.  Clement  O^mea,  in 
the  county  of  Middlesex,  in  and  ujaon  one  £d« 
ward  )«ntterell,  esq.  in  the  peace  or  God  and  of 
our  sovereign  lord  the  king,  then  and  there 
being,  fek>nioos1y,  Toluntarily,  and  of  their 
malice  aferetbougbt,  did  iqako  an  amalt ;  and 
that  the  said  Hugh  Reason,  with  a  nktol  of  tko 
▼ailue  of  6i.  then  and  tfaefO  charged  wfth  gun- 

And  the  same  witness  proved,  that  upon  hia 
administering  the  sacrament  to  him  lie  ex- 
horted him  in  (he  most  proper  manner  to  deal 
ingenuously,  and  declare  once  more,  whether 
there  was  no  provocation  given  by  him,  and 
whether  he  would  stand  by  the  account  be  had 
before  given ;  upon  which  the  deceased  an- 
swered, that  as  he  hoped  to  be  judged  at  the 
last  day,  it  was  every  syllable  true,  and  soon 
afler  expired. 

"  When  this  gentleman  had  finished  his  evi- 
dence, the  Court  called  upon  ns  to  produce 
the  paper  that  had  beon  written  from  the  mouth 
of  the  deceased,  saying  that  was  better  evi- 
dence than  the  memory  of  the  witness ;  where- 
upon we  acquainted  the  Court,  that  we  had  not 
the  original,  it  being  in  the  custody  of  one  of 
the  justices,  whom  going  to  subpoena  we  found 
he  was  in  Wales  ;  hut  the  clergyman  said  he 
had  a  copy  of  it,  which  he  took  for  his  own  sa- 
tisfaction, before  he  delivered  in  the  original  to 
the  coroner,  and  he  offered  to  swear  this  to  be 
a  true  copy. 

"Whereupon  a  debate  arose,  whether  this 
copy  was  evidence  or  not :  we  who  were  for 
the  king  insisting,  that  the  first  paper  being 
only  the  writing  of  the  witness,  not  signed  by 
the  examinant,  this  which  he  now  produced, 
was  as  much  an  original  as  that.  But  the 
Court  refused  to  let  it  be  read,  unless  we  could 
shew  the  original  was  lost,  whereas  it  appeared 
we  might  have  had  ii  to  produce,  if  we  had 
sent  after  it  io  time. 

B 


8] 


8  GEORGE  I.         Trial  of  Hugh  Reaton  and  Robert  TratU&f        [4 

there  by  the  force  of  the  laid  powder,  the  laid 

'  K>n  the  right  part  of 

Luttcrel  I,  under  tb« 

igrht  |Ki|>  of  tiie  said  Edward  Liitterell,  then 

tnd  there  feloniously,  ?ohintarUy,  and  of  his 


powder  and  leaden  bullets ;  which  said  pistol 
the  said  Hiigfh  Reason  in  his  rig^ht  hand,. then 
and  there  had  and  held  into  and  aflrainst  the 
aforesaid  Edward  Liitterell,  then  and  there  felo- 
niously und  of  his  malice  aforethought  did  shoot 
oflT  and  discharge  :  And  that  the  said  Hu(;h 
Reason  with  leaden  bullets  aforesaid  issuing 
and  shot  off  out  of  the  pistol  aforesaid,  then  and 

**  It  was  then  objected  by  the  chief  jnstice, 
that  since  the  written  evidence  was  not  pro- 
duced, the  whole  CTidence  of  the  deceased's 
declarations  ought  to  be  rejected,  for  the  first, 
second  and  third  being  all  to  the  same  effect, 
are  but  one  fact  of  which  the  best  evidence  was 
not  produced ;  and  therefore  he  was  of  opinion, 
that  we  could  not  be  let  in  to  give  any  account 
of  the  first  and  third  conference. 

**  But  the  other  judges  were  of  opinion  we 
might,  saying  they  were  three  distinct  facts, 
and  there  was  no  reason  to  exclude  the  evi- . 
dence  as  to  the  first  and  third  declaration, 
merely  because  we  were  disabled  to  give  an 
account  of  the  second. 

**ThereuiHm  the  witness  was  directed  to 
repeat  his  evidence,  laying  the  examination  be- 
fore  the  justices  out  of  the  case,  which  he  did 
accordingly. 

**  And  upon  the  whole  evidence  the  fact 
(upon  which  the  question  of  law  arose)  was 
this: 

*<  The  defendants  were  officers  of  the  she- 
riff of  Middlesex,  and  bad  a  warrant  to  arrest 
Mr.  Lutterell  lor  10/.  thev  arrested  him  com- 
ing out  of  his  lodgings,  whereupon  be  desired 
them  to  go  back  with  him  to  his  lodgings,  and 
he  would  pay  the  money.  They  complied 
with  this,  and  Reason  went  up  with  him  into  the 
dining-room,  having  sent  Tranter  to  the  attor- 
ney's for  a  bill  of  the  charges.  Whilst  Reason 
and  the  deceased  continued  together,  some 
words  passed  between  them  in  rdution  to  civi- 
lity-money, which  Mr.  Lutterell  refused  to 
give,  and  thereupon  went  up  another  pair 
of  stairs  to  order  his  lady  to  tell  out  the  money, 
and  then  returned  to  ICeason  with  two  pistols 
in  his  breast,  which  upon  the  importunity  of 
the  maid  he  laid  down  upon  the  table,  and  re- 
tired to  the  fire  which  was  at  the  other  end  of 
the  room,  declaring  he  did  not  design  to  hurt 
the  defendants,  but  he  would  not  be  ill  used. 

*<  By  this  time  Tranter  returned  from  the 
attorney's  with  the  bill,  and  being  let  in  bv  the 
boy  went  directly  up  stairs  to  his  partner,  being 
followed  by  the  boy,  who  swore,  that  as  he  was 
upon  the  stairs  (Tranter  being  that  minute  p^ne 
into  tlie  dining-room)  he  heard  a  blow  given, 
but  oiiuld  not  tell  by  whom,  and  Ihereunon 
hastening  into  the  room  he  found  Tn^uter-nad 
run  the  deceased  up  against  the  ckset  door, 
and  Reason  with  his  sword  stQhbing  him.  Mr. 
Lutterell  soon  sunk  down  upon  the  ground,  and 
begged  for  m^rcy  ;  but  Reason  standing  over 
hiuj  continued  to  stab  him,  till  he  had  wounded 
him  in  nine  places. 

'*  By  this  time  the  maid  camcfo,  and  seeing 
ker  mantcr  in  that  pof tart,  she  and  the  boy  cuu 

8 


Edwartl  Lutterell  in  and  upon  the  right  psrt  of 
the  body  of  the  said  Edward  Li 
right 
and 

malice  aforethought  struck :  and  that  the  said 
Hugh  Reason  then  and  there  feloniously,  vo- 
luntarily, and  of  his  malice  aforesaid,  gave  to 

out  for  help,  and  immediately  heard  one  of  tb« 
pistols  go  off,  and  presently  af\cr  the  second, 
which  a  woman  looking  out  at  uindow  on  the 
other  side  the  way  proved  to  be  fired  by  Rea« 
sou  ;  and  several  people  upon  the  alarm  of  the 
maid  coming  into  the  room  found  Mr.  LuttercH 
upon  the  ground  where  the  maid  left  him, 
without  any  sword  or  pistol  near  him. 

**  Upon  the  defendants'  evidence  it  appeared, 
that  Mr.  Lutterell  had  a  walking-cane  in  his 
band,  and  that  Tranter  had  a  scratch  in  hit 
forehead,  which  might  be  probably  a  blow  with 
the  cane,  and  the  blow  heard  by  the  boy  upoe 
Tranter's  first  going  into  the  room.  And  one 
of  the  surgeons  deposed,  that  the  deceased  had 
made  such  declarations  to  the  clergyman,  but 
this  witness  aAerwards  being  alone  with  Mr. 
Lutterell  pressed  him  verv  earnestly  to  discover 
the  truth,  upon  which  Air.  Lutterell  did  say, 
that  he  believetl  he  might  strike  one  of  them 
with  his  cane,  before  they  run  him  through. 

**  Upon  this  the  question  arose ;  whether 
Mr.  Luttcrell's  striking  one  of  the  bailiflfs  firS^ 
would  reduce  the  subsequent  killing  to  be  man- 
slaughter only  ? 

**  For  the  king  it  was  argued,  that  Dotwith- 
standing  such  stroke  the  defendants  would  be 
guilty  of  munler,  that  not  being  a  sufficient 
provocation  for  giving  the  death's  wound  with 
the  pistol :  and  for  this  Hollo  way's  case,  Cro. 
Car.  139,  and  Kelying  127,  were  cited,  where 
the  woodward  finding  a  boy  in  the  park  who 
came  to  steal  wood,  tied  him  to  a  horse's  tail 
in  order  to  correct  him,  the  horse  run  away 
and  the  boy  was  killed :  and  this  was  aiyudged 
to  be  murder,  because  the  tying  him  to  the 
horse's  tail,  being  an  act  of  cruelty,  for  which 
no  sufficient  provocaiion  had  been  given,  he 
was  answerable  for  all  the  consequences  of  it. 

*'  The  defendants  insisted,  that  the  bringing 
down  the  pistols  was  a  sufficient  alarm  to  them 
to  be  upon  their  guard ;  and  then  when  he 
struck  one  of  them,  it  was  reasonable  for  them 
to  apprehend  themselves  to  be  in  danger ;  and 
in  snch  case  a  prudent  man  would  not  leave  it 
any  longer  in  the  power  of  his  adversary  to  do 
him  any  further  mischief. 

"  To  this  it  was  answered  by  the  counsel  for 
the  king,  that  if  Mr.  Lutterell  had  continued  to 
keep  tlie  pistols  in  his  bosom,  there  might  be 
some  colour  for  an  apprehension  of  danger ; 
but  the  contrary  appearing,  viz.  that  he  was 
at  a  distance  from  the  pistols,  with  the  defen- 
dants between  him  and  them  ;  they  had  do 
ground  to  fear  any  harm  upon  that  account : 
and  tlie  death's  wound  was  given  afler  Mr. 
Lutterell  was  felleo jdown  with  the  woiiiida  be 
had  received  with  the  sword,  and  was  cntirelj 


'  iXc  Murder  ofEiitvard  Luttcrell,  ttq> 


I  JS^ih^td  Latteretl,  with  the  leaden  lul- 
ii«l,  «if«i  of  itt^  said  pistul  ttien  nnil 
lijf  t^  I  iii  fiowiltfr  Hljot  olf  unit 

#«Mf|fri:  t  the  n(;ht  purl  of  the 

bif  ■!  tlic  ».-L]fi  t^Ow:i]d  Liilterellf  umler  the 
^^  Mfi  of  tbe  futtil  EdMf  art)  Liitlf  reJK  one 
MHalwoiittii  of  *^  f  ^irlil)  of  one  inch,  Qud 
irlM^  of  OIL  .  of  which  ^itl  mortal 

mmilkmmal  !.....„;  v.  Luiterelf,  Irotn  the  suit! 
MiMirsf  IbcMtd  17ih<hi)'  of  Octoht^r,  until 
^Offckocir  Id  tiii^  aftpijiooti  of  the  f>aij  if^y 
bb||Bid»ed«  ..  |*^hin^  livet),  at  which 

Mi  Mr  tl»e   £.  I      'Krd   Lnltere!!,  at  the 

l^^  «farr»tii,  of  Uie  %vouHtl  aforesaid,  died : 
hi  dol  lJi«  said  iioberl  Tmnter  at  the  time  ^f 
iW  Ukmy  and  m order  aforesaid,  by  the  satil 
fit^  RcmMi  in  makiiner  and  form  :iforesaid, 
liMvity,  foluiiCarily,  and  of  bin  iiiulicearore- 
«i  CMmmlil^  and  perpetmted,  relotiiousTy, 
M<ag«nJ¥.         ■      '   '  [  there 


^pr^n:  lom- 

^anmtt  tbe  lelony  aud  mitrder  in 

i^ptraAil  fori.  r],     Aud  the  jury  say, 

itttlKtaid  Hii.  II  iind  Robert  Tranter 

Ib^  md  Bdwa  ^  d  L^  >  :  i  in  matiner  and  form 
^  at  Ibe  parish  and  cotitity  afor^oid, 
i»tj»  iroliiutarily,  and  of  tfieir  malice 
,  did  kill  and  murder,  against  bis 
ft|nijf*f  pea<^/'  £cc. 

Ta  ihsi  Indictment  tliey  severally  pleudr d, 
W  0iiilrtj,  »nd  on  February  3|  were  brotij^ht 
•  %r  Rifi^'a- bench  bar  to  receiTC  their  Tr in! , 

vM  pfvccedrd  in  the  following^  manner : 

Orrk  fif  tAe  Crmvn.  You  the  prisoners  at 
iilv,  tbear  men  which  you  ^hatl  hear  called 
mi  ftotmtAiy  apnea r,  are  to  pa^s  between 
m^  ■riaiigg  turn  the  kin^  and  you  upon 
As  iral  w  ymir  several  h vis  and  deaths;  if 
tai  ■ill  diml)efi.:e  them  or  atiy  ot  ihfin,  yon 
ftHt  4a  k  as  they  come  to  tbe  book  lo  be 
99m%  Mvre  Ihey  are  sworn* 

Robert  DemieSf  esa.  challenged » 

Fiaoiaa  Li^e,  eaq*  chalten^. 

Ji«*«  flaWy,  esq.  challen^eil, 

Bttet  Stitton,  challenged, 

BcBJamin  Drake*  chtillen^ed. 

Eliaard  OrtMne,  cbaltenged. 

Uidkmtd ":  hailenged. 

U  Gtk  mr. 


mf 


cf  of  tlie  dcfesdanti  :    ao  thnt  what 

aUcnrards   i*^»  murder  in   them, 

H  «xccfd«d  tbe  bounds  of  self-preser* 


**  B^ltlDe  Court  in  the  direction  of  the  jury 
iipmmhtlf  declare,  thntif  they  lietiered  Mr. 
LMcrtD  made  the  (U  '  spon  thebiiiHfts, 

ttabl&aff'  with  (he  i  he  was  down 

^aMbravCma  r,  und  the  jury  njton 

flMt  AradioQ  fpi  L^uilty  of  munslau^h- 

tV  inl J,  dMiqgb  otrterw»5e  they  were  di«[M>bed 
liWay»ped  tbcm  for  the  barbarity  of  the 

*«TW  MkodmnlM  prayad  tbe  benefit  of  the 
#oae.  «a4  ircrv  liitnil  in  tbt  bind. 


9.  William  Pannell,  jur 
John  1^1  ills,  challenged, 

3.  Thomas  Bee liiu^^ton,jtir. 

4.  Abraham  Harrison,  jur. 

5.  Charles  Maddockjur. 

6.  Edward  Bosrilef  jur. 

7.  John  Parsons,  jur. 

8.  Thomas  Cnihb«;rif  jur* 

9.  Thomas  Chff,jur- 
10.  Miles  Harper,  jur. 
IK  ilober t  Kent,  j ur .     And 
12,  John  Salt^jur. 

Clerk  of  the  Croten. 
mation. 


Crj^er,  make  Prcwlt- 


Cryer,  O  Yes,  ikc-  If  any  one  can  inform 
our  sovereign  lord  the  king's  justices^  the  king*a 
Serjeants  J  or  the  king^s  ailoruey,  of  the  felony 
and  murder  whereof  the  priiioners  stand  in* 
dieted  iHifoie  this  inquest  be  taken  between  our 
sovereign  lord  the  kine^  and  the  prisoners  at 
the  bar,  let  them  come  forth  and  they  shall  be 
lieanl,  for  the  prisoners  now  stand  at  the  bar 
upon  their  deliverance. 

Cierk  of  the  Croum.  Hugh  Reason,  hold 
up  y<mr  hand  ;  Robert  Tranter,  hold  up  your 
hand. 

Gentlemen  of  the  jury,  look  upon  tbe  pri- 
soners and  hearken  to  their  cause ;  they  stand 
indicted^  for  that  Ihcy  not  havinjj  the  fear  uf 
God  before  their  eyes,  but  being  moved  and 
seduced  by  the  instigation  of  the  devil,  the  17tli 
day  of  October  last,  about  the  hour  often  (if  the 
clock  in  t lie  forenoon  of  the  said  day,  by  force 
and  arms,  at  the  parish  of  St.  Clement  Danes 
in  the  county  of  Middlesex,  in  and  upon  one 
Edward  Lutleretl,  e^.  in  the  peace  of  Go<l  and 
of  our  sovereign  lord  the  king,  then  and  there 
being  felon iou^ly^  voluntarily,  and  of  their  ma- 
lice  aforethought^  did  make  an  a^^nlt ;  and  that 
tbe  said  Hugh  Reason,  with  a  pistol  uf  the  raltie 
of  51.  then  and  there  cbarg^ed  with  gunpowder 
aod  leaden  bullets  ;  which  said  nis to!  the  said 
Hugh  Reason  in  bis  right  hand  tliea  and  there 
bad  and  held  into  and  against  the  aforesaid 
Edward  Lutterell,  then  and  there  feloniouslvt 
and  of  his  malice  aforethought,  did  shoot  off" 
and  discharge:  And  that  the  said  Hutrh  Rea- 
son with  the  leaden  bnlkts  aforesaid,  issuing  and 
shotoff  outof  the  piiilol  aforesaid,  then  ond  there 
by  the  force  of  the  said  powder,  the  said  l£dward 
Lutterell  in  and  upon  the  right  part  of  tlie  body 
of  tbe  said  Edward  I^nttercll,  under  tbe  right 
pap  of  the  said  Edward  Lutter  ell,  then  and  thera 
feloniously  J  voluntarily,  and  of  bis  malice  afor^ 
thought  struck  ;  And  that  the  said  Hugh  Rea* 
son  then  and  there  feloniously,  vohmiarily,  and 
of  his  malice  aforesaid,  gate  to  the  said  Ed- 
ward Lutterell,  with  the  leailen  bullets  afore* 
said,  out  of  tbe  said  pislul  then  and  there  by 
force  of  the  said  powder  sliot  off  and  discharged 
in  and  against  the  right  part  of  the  knly  of  the 
said  Edward  Lullerell,  one  murlal  wound  of 
tfie  breadth  of  one  inch,  and  the  depth  of  nine 
inches,  of  which  said  mortal  wound  the  said 
Edward  Lutterell,  from  the  said  10th  hour  of 
tbe  said  17th  da)r  of  Octoberi  uQttl  the  lOlll 


4 


i 


I 


7J 


8  GEORGE  I.         Trial  of  Hugh  Reason  and  Robert  Tranter^        [8 


hour  in  the  afternoon  of  the  said  day  he  lan- 
flfuished,  and  lanffuishinfi^  lived,  at  which  said 
hour  the  said  EdWard  liUttercU,  at  the  pa- 
rish aforesaid,  of  the  wound  aforesaid,  died : 
Aud  tlint  the  said  Robert  Tranter  at  the  time 
of  the  felony  and  murder  aforesaid,  by  the 
said  Hu>rh  lieason  in  manner  and  form  afore- 
said, feloniously,  voluntarily,  and  of  his  malice 
aforesaid,  committed  and  perpetrated,  feloni- 
ously, voluntarily,  and  of  his  malice  aforesaid 
there  was  present,  aiding,  abetting^,  assisting, 
comfortin((  and  maintainingf  the  said  Hugh 
Reason  to  commit  the  aforesaid  felony  and 
murder  in  manner  and  form  aforesaid.  And 
the  jury  say,  that  the  said  H  ugh  Reason  and 
Robert  Tranter  the  said  Edward  Lutterell  in 
manner  and  form  aforesaid,  at  the  parish  and 
count)^  aforesaid,  feloniously,  voluntarilv,  and 
of  their  malice  aforethought,  did  kill  and  mur- 
der against  his  maiesty's  i>eace,  &c. 

They  likewise  stand  charged  on  the  coroner's 
inquest  for  the  said  murder. 

Upon  this  indictment  they  have  been  ar- 
raigned, and  thereto  have  pleaded  Nut  Guilty  ; 
and  for  their  trial  have  put  themselves  upon 
Goil  and  their  country,  which  country  you  are: 
your  chaise  is  to  enquire  whether  they  be 
Ifuilty  of  this  felony  antl  murder  in  manner  and 
form  as  they  stanu  indicted,  or  not  guilty  ;  if 
you  find  them  guilty,  you  shall  inquire  what 
goods  or  chattels,  lands  or  tenements  they  had 
at  the  time  of  the  said  felony  and  munler  com- 
mitted, or  at  any  time  since :  if  you  find  them 
not  guilty,  you  bliall  enquire  whether  they  fled 
for  it :  if  you  find  that  they  did  fly  for  it,  you 
shall  enquire  of  their  goods  and  chattels  as  if 
you  found  them  guilty  ;  if  you  find  them  not 
guilty,  aud  that  they  did  not  fly  for  it,  say  so 
and  no  more,  and  hear  your  evidence. 

Air.  Strange.  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury,  I  am  counsel 
in  this  case  for  the  king.  This  is  an  indict- 
ment against  the  defendants  Hugh  Reason  and 
Robert  Tranter  for  the  murder  of  Mr.  Lutterell. 
The  indictment  sets  forth,  that  the  defendants 
not  liuvhig  the  fear  of  God  hef«>re  their  eyes, 
but  being  moved  anil  seduced  by  the  instigation 
of  the  devil,  on  the  17ih  of  October  last  at  ten 
of  the  clock  in  the  morning,  in  the  parish  of  St. 
Clement  Danes  in  the  county  of  Middlesex,  did 
make  an  assault  on  Edward  Lutterell,  esq. 
that  the  defendant  Hugh  Reason  with  a  pistol 
charged  with  gunpowder  and  bullets,  which 
he  then  and  there  held  in  his  right  hand,  into 
anil  against  the  said  Edward  Lutterell  then  and 
there  feloniously,  and  of  his  malice  afore- 
tlmught  did  sImk)'.  o/T  and  discharge,  and  that 
the  prisoner  Hiigli  Reason,  with  the  leaden 
bullets  aforesaid,  issuing  and  shot  off  out  of  the 
pistid  aforesaiil,  then  and  there  by  the  force  of 
the  saifl  powder  the  said  Edward  Lutterell,  in 
and  up«m  the  right  part  of  the  body  of  the  said 
Ed w aril  Lutterell,  under  the  right  pap  of  the 
said  Edward  LuUerell,  then  and  Uieie  Mm. 
niouslv,  voluntarily  ami  of.liia  mfir* 

Aoi^Ltiiiriick,  ^  lut  dMna  nmi 


then  and  there  feloniously,  wilfully,  and  of  his 
malice  aforethought  did  give  to  thesaid  Edward 
Lutterell,  with  the  leaden  bullets  aforesaid,  out 
of  the  said  pistol,  then  and  thereby  force  of  the 
powder  shot  off  and  discharged  in  and  against 
the  right  part  of  the  body  of  the  said  Edward 
Lutterell,  under  the  right  pap  of  the  said  Ed- 
ward Lutterell,  one  mortal  wound  of  the  breadtli 
of  one  inch,  and  the  depth  of  nine  inches,  of 
which  mortal  wound  the  said  Edward  Lutterell, 
from  the  said  10th  hour  of  the  said  17th  of 
October,  to  the  10th  hour  in  the  afternoon  of  the 
said  day  languished,  and  languishing  lived,  at 
which  time  the  said  Edward  Lutterell  at  the 
parish  aforesaid,  of  the  wound  aforesaid,  died  r 
and  that  the  other  defendant,  Robert  Trauter, 
was  aiding  and  assisting  the  said  Hugh  Reaaon 
to  commit  the  said  felony  and  murder  in  man- 
ner and  form  aforesaid,  and  that  they  the  said 
Hugh  Reason  and  Robert  Tranter,  the  said 
Edward  Lutterell  in  manner  and  form  aforesaid, 
at  the  parish  and  county  aforesaid,  felontoii8ly» 
wilfully  and  of  their  malice  afore-thon^ht  did 
kill  and  murder,  which  is  laid  to  be  aq^mstthe 
peace  of  his  majesty,  his  crown  and  dignity,  to 
which  the  defendants  ^lave  severally  pleaded 
Not  Guilty :  they  are  likewise  charged  on  the 
coroner's  inquest  for  the  said  miirder.  We 
sliall  call  our  witnesses,  an<f  if  we  prove  theui 
guilty  you  will  find  tli4ln  so. 

Mr.  Serj.  Chtthire.  May  it  please  your  lord- 
ship, and  you  gentlemen  of  the  jury,  1  am 
counsel  in  this  case  for  the  king;  the  two  pri« 
soners  at  the  bar,  Hugh  Reason  and  Robert 
Tranter,  sUnd  indicted  before  you,  and  are 
charged  before  you  on  the  coroner's  inquest^ 
for  the  murder  of  Edward  Lutterell,  eso.  and 
according  to  my  instructions,  which  1  will  keep 
exactly  to,  he  came  by  his  death  in  this  manner : 
on  the  17th  of  Octolier  last,  this  gentleman 
coming  out  of  his  lotlgings  in  Surry -street, 
going  towards  the  water-side  to  take  the  water 
at  the  stairs  there,  the  two  prisoners  came  to 
him  and  did  arrest  him,  and  told  him  they  ar- 
rested him  at  the  suit  of  one  Mr.  Rous  for  10/. 
He  submitted  to  their  arrest,  desired  them  to 
return  with  them  to  his  lodging  and  he  woukt 
pay  the  money  :  they  consented,  and  both  re« 
turned  to  the  door  with  him  ;  but  Reason  wu 
the  only  i^erson  that  went  up  with  him  :  Tranter 
said,  he  would  ffo  and  fetch  the  attorney  oc 
solicitor's  bill :  the  deceased  went  up  one  pair 
of  stairs,  Reason  went  with  him,  they  were  to* 
gether  in  the  dining-room,  words  happened 
between  them,  as  will  come  from  the  evidence; 
they  calleil  him  rogue,  rascal,  and  mintera 
charged  him  as  a  person  that  refused  to  pay 
honest  debts,  and  shelteretl  himself  imder  fb* 
puted  places  of  security.  He  directed  his  tadfi 
who  was  then  in  her  Md-chamher  on  the  saffli  ** 
floor  up  one  pair  of  ttaira,  to  go  and  ftlch  M 
money,  by  which  It  may  bft  umpdaed  thai:*  J 
waa  in  oiAm  Itf  CAt  ll/dMili  iMIttktt  «fMll 


^/t*r  the  Murtkr  of  Eihuard  Lutferglt,  «^ 


A.  D.  vmt 


[1© 


I  ihafc,  1  tEit>#l  hikve  tbree  gtiincas  fbr  niy 
No«  my « the  deceased,  youbavenot 
I  ine  ••  as  bi  «leserT€  three  tfuinwis  or  atj  v 
I  fbr  civility,  wiibout  mtkio^  any  de- 


Mr*  WmtLf   iTCttfiag'  of  Hvniicide  in  ad- 

fi«niirol  or  eiceciitmn  of  the  low  (PL  Cr.  cb. 

5,1^.)  saT^  1     •  If  the  officer  in  execiUiDg^hif 

^kr,  ext  *  !y,  rti«  law  give**  hi  in 

Upvlvrt^  t-5«.     Aod  it  bebovps 

Mttirfy  the  Hiii4«jter  j  of  jti-^tice  and  other  pub* 

iiiCeierv,  but  Itkmvise  privnte  persons  en  J  t*a- 

HMfT  ui   arr^t  or  impri«on  an  the  sefern^ 

(«»  mrgmdy  treated  oi\  to  bt^  very  careRtI  that 

4fy  db  not  rDnbehave  themseWes  id  the  dis- 

liMr  of  ihetr  duty  ;   for  if  ibey  do  ihey  may 

iiKhl^tf  »}t«cial  prutectiori.     And  tberelbre 

Jfr,  J«l»ce  FoMef  [see  Crown  Law,  p.  29^ j] 

€iik»  tfcmi  Ih^  kttltii;^  of  1^1  r.  Lutterdt  in  tbe 

i^Mr  rep<JTted   by  Strange,    would  clearly 

kpt  fc^eri   murder  m  tbe  ofBcera,   wbo  com- 

m^tA  tiral  fiit  !/'     TItrn,  nt'ler  meDtioniiig'  (be 

%i|«faicli  Afe^taiH  lu  8ir«Tiafe'8  report,  he 

fsaenA  t  **  Tl!  is  )*»  reported  to  have  been  man« 

rfa^^%ler,  by   re^-on  nf  tbe  first  assault  with 

tfcecMir;     (>ti  ^  jf  tbe  faclB^  tbe  learn- 

f^jntfr^  fr  rt^  Kit  I  he  rerenge  taken 

«1»  t  to  the  offence,  and  ii)- 

di^r  Bat  be  recttfief{  the 

tlic  aildiiion  ol  sereral  material  cir- 

rnentioneil  iti  ibe  State  Trials  ;    1. 


L^  Iwfcd  -  '  '  V  brs  «ide,  which  after 

ttH^mlTray  wn.'-  nfn  and  broken  ;    2. 

W}»    •  '   *     '  (^11  the  table,  be  de* 

ctlfTi  Ntthemdovvn,  liecduse 

br  ii.*u,  .  .. '1  ,'v  i-iv  -i  -JUt  ofhis  lodp^ioj**  j  3, 

He  thrriftlefi^d  tbe  officeri  several  liniea  ;    4. 

Om  tif  th*'  r^ffi.  PIN  wjin  wounded  in  the  band 

*'i  m  (»»•'  it?  pi*»tr>l^  bavin i^  been 

;  .  and  also  slighily  rn 

wntlby  notne  ibar|i  pointed  weapon,  and 

Ibr  M^cf  bad  a  diinifar  wound  in  the  band  ;  5. 

Tb»  eriiJctice  wns  only,  that  while   on    tbe 

gnijfjd  L   ftrftl  on  bi^  bnnds,  as  if  begging  for 

•ifTr-  I  ihn  the  chief  jualic©  directed 

Ibr   ,  ii  they  b»  litred  that  L.  eodea- 

wmmttS  h.i  :\-hc\i'.  ■     :     '     which  he  seemed  to 

teib,  and  rer  ^  was  l!ie  case,  it  uotild 

be  JBiitifi2.ble  bonm  uir  in  the  officers.      How* 

ff«r,  as  L.  ^ve  I  lie  ftrst  blow  accnrnpaDied 

«<b  iiMQacet  to  tbe  o(ficei«,  and  considering' 

te  €lrcoinftsnc«  of  br«  prodactnfi^  lolled  pi«- 

Ati  pe*'''T^^  ^H-'ir  t^king^  him  from  hh  lo<I«f- 

illlpt,  4ni  i  have  been  Ibeir  duty  to 

MftAine  ^.  It  had  not  been  paid  or  bail 

gi9W9^  hit  <fedared  it  could  be  no  more  than 

'  iigfiler/'  See,  also,  chap.  5,  sect.  91. 

V  *ftfr  wttin^  forth  the  chief  j»«tice*« 
to  tb«  jnry^lhui  concladea  bii  »€• 

••TKU  -  of  the  <!biefjnitice there* 

Mtler  ha  omitted  ;    and  therefore  I 

■an*      '  \*«  «tate  the  case  more 

tmp  I   diould  have  done : 

IM  k  raoovx  f?t:ip  i^Jivin^,  that  the  circttm- 
m  lite*  report  are  too  matpr/at, 


maud  you  arrested  me  publicly  (■  ti)e  atreab 
My  h^rd,  according^  lu  my  insiruatioiu,  ike  di^ 
ceaseii  went  tip  one  paireC  ataus  and  be  re* 
turned  down  with  a  ca^e  fif  pistols ;  the  maid^ 

and  enter  ti>o  far  into  the  true  loerita  of  iha 
case,  to  Lia?e  been  dropt  by  a  f^tJemati  ui  ait 
Jobii  Strangers  abilities  andl  known  eaikdovi,  if 
he  bad  not  been  over- studio  us  oi'  bretity* 

^'  Imperfect  reports  of  facta  aad  mrcoM* 
atan€«a»  eKpeciaily  in  eases  where  ef ery  cia* 
dMBSlance  weighs  something'  in  tbe  seaie  «i 
jctstke,  are  this  bane  of  all  science  tlkaA  d«» 
pendeUi  upon  the  precedent?!  and  exanplea  of 
tomier  tiinea,'* 

See,  also,  Hawkins**  ?1.  of  the  Cr.  book  i, 
chap.  29,  aectiona  9  and  16,  and  chap.  31,  •. 
6K  Aa  to  the  kiHittg^  of  an  officer  executing  or 
altempiiD<^  to  execute  an  illegal  i^-arrant,  aeft 
iti  this  CoriectioQ  the  Gate  of  dterensou,  a.  d. 
1759. 

in  casea  of  Homicide   caused  by  beat  ef 

blood  upon  sudden  provocation,  the  lawof  iikot- 
land  is  less  indulgent  than  that  of  England  i  in 
which  and  in  some  other  particulars  as  to  tb it 
tnaUer,  their  legists  are  not  backward  to  coor 
trnst  the  respective  doctrines  «)f  tbe  two  codes. 
I  tniascribe  tbe  follt^wing  paasagea  from  tbe 
t^o  most  eminent  uvodern  authors  upon  the 
C'rimiual  Luw  of  Scotland,  with  whose  wriiing;! 
1  nil)  acquaiuijfd : 

*^  Though  the  distinction  of  murder  aad  b9* 
mk'ide  on  provocatioo  hasbeeome  a  part  of  out 
taw  as  of  that  of  Engloud ;  it  is  not,  buweTCV, 
to  be  imagined,  that  it  is  therefoi^  establisb^i 
in  the  precise  same  terms  in  both,  or  that  oat 

f practice  has  adopted  tbe  opinions  of  tlie  £Dgw 
ish  lawyers,  with  respect  to  tbe  kind  or  degree 
of  provocation  which  will  save  from  the  ordi- 
nary pains.  On  the  contrary,  there  ia  in  ihit 
article  a  great  and  ^uUtantial  dilterrace  h^ 
Iween  our  system  aad  theirs.  Thus  far  ihe  two 
coincide,  that  no  provocation  of  ttords  tbe  moat 
Ibnl  and  abusive,  nor  of  signs  ami  geslttres  hoir 
contemptuous  or  derisife  soever,  is  of  sutficienl 
weight  in  tbe  ticale,  materialK  lo  atleviute  the 
guilt ;  Eo  that  if  Julin,  upnu  words  or  aignt  of 
repmach  by  James,  shaightwny  lake  una  kaife 
and  stab  him,  or  a  heivy  banuner  and  l^eat  oiA 
his  bnuns,  be  sbfill  \)^  jndg«>d  a  murderer  and 
die.  In  ihiA  also  I  heir  doftrwe  Bgreea,  iliat 
ihey  make  no  accom.t  of  provocatttm  by  tres- 
pass on  land^or  giKwU,  if  n^t  accompanieif  with 
violence  to  the  person  ;  w1>ereby,  if  Ji>hn  lind 
Jutnes  breaking  down  bi»  fence^  or  entering  bia 
inclosurcs  to  search  forgsine  without  bis  leavr, 
or  poinding  John^s  cattle  v^  ben  thiny  are  upon 
John's  own  property  ;  in  pone  «A  these  ca^es  ia 
it  any  thing  less  than  murder,  if  iltdm  shall  bn 
so  far  transported  wiib  rage  ni  this  trivial  and 
refianible  omtnce,  as  to  knock  tbe  tresp»s«)e 
Ihe  head.  In  ihla  all  the  Eivghsh  autbo 
are  agreed  ;  and  certainly  fi^r  reasons  !io  ob 
ons  and  convinL-iug  as  admit  of  no  r**ply, 

**  But  it  is  further  the  setitin^en*  of  s*xwal^ 
and  among  the  abkst  of  iWvt  ^uUi%  w^Vkw^ 


I 


llj  S  GEORGE  I. 

nei-ranl,  Hiater  Gerrard,  seeing  him  with  Ihasc 

pittolfl,  said  to  hiRi,  For  Gotl'«  sake  what  husi- 

riMCS  have  you  with  those  piriots?    Pn«y,  Jsiy 

Libe  pitttols  ftway,  mischief  may  happen  :  says 


'  that  any  assault  on  tbti  persoo  of  the  killer  suf- 
ficiently extenuates  bie  ^ullt,  to  lower  the  cuse 
to  maniifaughter,  though  the  injury  he  iiolbing 
more  than  a  single  blow  with  the  band,  or  rwkt> 
ling  the  nose,  or  a  lillup  on  the  forebead,  or 
^  jitstliog  in  the  street,  or  whipping  the  pcisou's 

Doriiie  out  of  the  tract." — [This,   I  conjecture, 

alludes  to  Lanure's  Case,   l  Hale^  cb.  37,  p. 

456.     As  to  which,  Mr.  East  (PL  Cr.  s.  20,) 

lightly  observes,  *'  I  should  presume  that  the 

ijkct  wu  done  with  violence,  or  great   inso- 

I  knee.'*] — **  Farther,  it  is  the  concurring  doc- 

rtrioe  of  all  their  books,  that  where  on  n  sudden 

L^uarrd,  parties  fight  upon  the  spot  with  tnorlal 

[ii  e;ipons,  and  on  equal  terms«  (each  giving  the 

Ifither  time  to  draw  and  be  on  bis  guard) ;   or 

l^en  if  in  heat  of  blood  they  ti?tch  their  weapons, 

Dd  go  to  the  field  and  li|^hl^  there  also  the  deed 

omes  under  the  notion  of  manslaughter  only  ; 

nd  this  without  any  regard  to  the  first  provo- 

stion,  whether  it  he  verbal  or  real,  or  frotn 

vhich  of  the  parties  it  comes. 
**  Now,  in  all  these  articles,  our  practice  is 

brnied  upon  quite  another  plan.  To  have  a 
E^l^tl  plea  of  extenuation,  the  pannel,  at  the 
time  of  killing,  must  have  stood  in  the  situation 
of  an  assaulted  and  injured  person,  one  ivho 
was  in  a  manner  constrained  to  strike  by  the 
▼iolence  w  hicb  be  was  suflTering  from  the  de- 
ceased. If  in  any  dej^ree  the  mortal  strife  was 
matter  of  conreution  between  I  he  parties, 
thon|L^h  but  tiicitly,  and  taken  up  at  the  rao- 
ment,  it  the  mortal  blow  was  not  the  impulse 
of  iuHtant  pain  and  agitation,  but  of  a  purpose 
to  figbt  as  on  a  certain  plan  and  set  of  princi- 
ples ;  this,  according  to  our  notions,  is  murder 
in  the  survivor  In  which  point  of  view,  the 
circMmstance  of  waiting  till  the  olher  party 
draw  atid  l>t  on  his  g«ard,  that  favourable  cif- 
ciinistutjce  which  makes  it  manslaughter  by 
the  hw  o\'  Enghind,  would  not  >%ith  ns  be  of 
any  advantage  lo  the  pjnnel,  as  slievf io^  plain 
dcliheratjoii,  presence  of  mind,  and  meiho<l  in 
his  revenge.  This,  our  rule,  is  proveil  by  the 
i«Q  cases  formerly  mfutiuned,  of  James  Mur- 
ray [June  17,  1670.]  and  Janu»s  Gray  [June 
1  it  167B  ]  both  of  them  cases  of  fair  combat  in 
heat  ill  hloiid,  and  on  a  recent  quarrel,  to  which 
may  bt*  ad  tied  (though  willi  respect  to  the  suf- 
ficiency of  the  evidence,  the  verdict  has  been 
thought  qiie«itionable,)  (he  case  of  William 
Douglass  [June  4,  lt)67,]  for  the  slaughter  of 
Home  of  Ecclea,  whicli  was  shortly  thus  ; 
That  these  persona  along  with  others,  had 
quarrelled  when  at  dinner  m  a  tavern,  and  hav- 
ing taken  coach  insiantly  drf>ve  to  the  adjacent 
fields,  where  they  set  to  confusedly  with 
•words  two  against  two,  and  Home  was  kill^ 
as  was  alleged  (and  indeed.  I  think  is  proved) 
by  Douglas.  The  same  principle  seems  to 
have  ruled  in  the  case  of  Andrew  Rulhedbrd, 
lodicleil  for  the  Ktur^ar  of  fm^eM  Dougtasi 


Trial  of  Hugh  Benson  and  Hubert  Tranter,        £l 

be,  I  design  to  do  Ihem  no  harm,  they  have 
used  me  ill,  called  me  rogue,  ravcal,  and  luinter, 
I  do  not  design  to  hurt  them,  but  will  not  be 
ill  used  by  tliem.     The  maid  pressed  him,  for 

[Not.  9  and  16, 1674,]  this  slauj^hter  had  taken 

tdace  on  a  sudden  quarrel,  of  which  it  could  not 
\e  said  uu  the  proof  who  was  the  author,  or  whu 
had  been  the  first  to  draw,  only  the  parties 
were  seen  by  jicr^ons  at  some  distance  to  alight 
from  their  horses  and  thrust  at  each  other,  nei- 
ther of  them,  as  tar  as  appeared,  taking  undue 
advantage,  or  giving  back  or  declining  the  com- 
bat. The  jury  liiund  the  i^laughter  proved,  and 
the  solf-detencc  nol  proved.  And  the  Court, 
who,  by  their  intKrlocntor  hnd  previously  re- 
quired it  of  the  panntl  lo  bring  proof  of  self- 
defence,  gave  sentence  of  death, 

"  With  us  too,  though  not  always  a  deci- 
sive, it  is  generally  an  uufavourable  circum- 
stance for  the  pajinel  in  this  question,  that  he  hai 
struck  thi'  first  blow  ;  if  John  strike  James  a 
blow  with  the  hand,  and  James  return  it  with 
severe  blows  of  a  staf}\  on  which  John  being 
hurt  and  irritated,  drawls,  hat  gives  James  time 
to  do  the  like,  and  thus  they  fight  and  James  is 
killed,  this  is  murder  by  the  Scotiisli  practice, 
however  such  a  case  might  he  resolved  in  the 
courts  of  England,  We  cannot  make  the  same 
allowance  for  his  being  provoked,  who  is  only 
in  a  situation  to  be  so  by  bis  own  intemperate 
and  unlawful  act,  and  has  shewn  an  absolute 
ditiregard  of  those  very  emotions  in  his  neigh- 
bour, which  he  woulcf  have  excused  in  his  own 
case*  His  assault  of  his  neighbour's  person 
justified  the  return  of  blows,  and  though  there 
be  excess,  he  cannot  therefc»re  be  Either  justifi- 
able or  excusable  to  resent  these  {whil«  ihey 
do  not  put  his  life  in  danger)  unto  the  death  of 
his  neighbour.  Thia  rule  is  pointedly  an- 
nounced in  the  interlocutor,  in  the  case  of  ea- 
sign  Hardie,  where  it  is  sustained  to  restrict  the 
libel  to  an  arbitrary  pain,  that  the  deceased  was 
the  first  aggressor  and  had  laid  hold  of  lire 
hiirsc's  bridle,  and  struck  Hardie  on  the  facs 
V  ith  a  rung  or  tree ;  hut  this  passage  imme- 
diately follows,  ^  But  find  the  reply  made  by 

*  the  pursuer,  that  the  paunel  beat  the  defunct 
'  on  the  face  with  a  thrawn  rod,  before  he  struck 

*  the  pannel  with  the  rung  or  tree,  relevant  to 
^  elide  the  foresaid  defence  simfdicitcr.-  The 
difference  is  still  more  remarkable  with  regard 
tu  the  degree  of  injury  and  provocation  which 
will  he  received  in  our  courts  to  extenuate  the 
guilt.  That  any,  even  gross  indignity  is  suffi- 
cient, or  any  assault  on  the  person  of  so  slight 
a  nature  as  those  which  are  mentioned  tn  the 
English  books  of  law,  this  it  would  be  contrary 
to  the  whole  tenor  of  our  records  to  believe. 
Suffice  it  to  mention  upon  this  head,  (since  the 
invariahle  course  of  judgment  makes  it  needless 
to  accumulate  authorities)  the  case  of  William 
Aird  [Sept.  8  and  9,  1693,]  lor  the  murder  of 
Agnes  Bay  ne,  hy  throwing  her  back  wards  do  wa 
stairs  ;  the  allegation  was  heje  repelled,  of  her 
having  provoked  him  by  tossing  the  contents  of 
a  chamuer  put  in  his  laoe^    lo  tbort  it  ti  to  b% 


w  the  Mwjgr  of  Edward  LuttereH,  esq. 


l-TK. 


[I* 


U  «i^  Uy  iHe'fi   tlnwii,  ^oiir  lady  tfill  be  |  the  door,  and  llie  boy.Thomai*  Hftrg:paTP,went 
%jhieil      \^  tr,  ihc  tar  end  of  tne  room,  j  to  let  in  the  person  ilint  knocked,  aofl  it  proved 

)tdh*'  and  rttreiited  to  the  fire-  j  the  dercndantTranler:   Tranter  ran  boiiil^  oji 

pn.    bv  va\9  iitite  there  was  a  knocking  at    ttairs,  and  the  Iraj  traa  folloiring  hxm^  and 


kg 


*  ••   *   f*5  not  come  up  to  the  due 
occ  by  our  law,  that  the  | 
'  *^^' fi}' bloody  though  ow-  , 
l(nn  which  t!ie  de-  t 
W  t .  person.     This  pna- 

St  tH^  some  nderpiate  and  , 

dtiv  <•  and  ci*ntinucd  as- 

lach  »%  cairiic*  ayhution  and  alarm  with 
l*4n:a»or  farther  harm  and  injury,  aa  well  , 
mf^oA  amarl  ao<)  pain  of  body  ;   whereby  I 
4»rf.i['i  r-i  eitcwaahle  in  the  losa  of  his  pre-  i 
fmm  »r  i  ji|  of  the  just  measure  of  reta-  ' 

tee  . ig  the  pecuhar  ca<:e  of  slaii^h- 

lj«Boi-tirti  uu  the  adulterer  disco vered  in 
it  licit  t  am  ac«iuujriled  with  do  case  of  cul* 
fii^Viaiici  '"^  -  '■  '  * -^-ords,  which  is  not 
mnm  trk*  |iion  ;    not  u  case  of 

fmmm  ae.! y  ..  u  excited  by  Inxtily 

•Atrai^.  ;i;  il  with  terror,  and  wit!i 

■miikfet^  ,       i.     And  truly  it  tnay  be 

i^kt  i    in  this  our  rule  is  net  wiser 

V.  \d  leant  more  suitable  to  the 
:sh  people,  than  that 
X^m^  which  excuses 
i4:¥wfiL;^  t^f   s»^t^h    inconaicJerahle 
Trt  CTirb  anil  repress  an  over- jealous, 
'Tte  Humouri  as  far  as  can 
;  ice  i  n  the  particular  case, 
;» the  course  of 
f'f  law  in  this 
.  ^.  ;jgainst  the  per- 
ML    .iiiU  1 3  to  l^  duty  kept  in 

f«9  Ml  Mtu  ,1.  ^^^'^  ^ ,  .^  x-a  it  has  eon  SI  deration 
ilbi&sii  liiiitTDit)^  in  those  difficult  and  agi- 
Hiiif  «i^iik[rin4  oilv,  which  require  a  more 
%t^  '  -  il  of  mind,  and  commaml 

Wir^.  ^  I  uid  Ihem  ;   not  in  those 

r  liic  pndc  more  llian  the  body  of  the  maD 
»  kew*  Hfenrf eiV 

^\\  I  which  it  wotdd 

t  W  1  country  to  ex- 

■i  iLiuii^w-h Lt<  vviih  coaliJi-'iice^  clear  it  is, 
K  tocb  is  iKtr  fined  and  certain  rule. 


^kUh< 

''":'.              ■       '      ';^erve 

B**<" 

.■d,- 

ImC^ 

;    ui    r"i  u  1  ^;  iirjtfilin,) 

Ki.. 

and  is  npiirJed  by 

|K<W 

f  '  "inch  and  warm 

» bally.     A  full 

^to-4  L.t  ' 

r] :   .'irid  it  Was 

^t 

1  Ill's 

^b> 

Dr. 

^k.  ««- 

Krrjfpeciing^il, 

^k-f   '' 

.  *>ur  to  the  He- 

K^ 

,1  ciise  of  difficulty, 

^fe. 

delibcrati^  attention 

Hh|^ 

f»d|^cd  in  strict 

^^^B 

of  precedents, 

^^^^ 

1  iixjdrrn  date,  that 

K 

ird»     Oil   ibr  whole 

^^^^i«*4l 

«^    ^i   *.:.  „..ation,  even  tlio^c  of" 

^■fVi 

who  wtre  most  tarounbk  to  the 

punnelf  and  along*  with  them  the  jury,  had  been 
of  opinion,  that  the  injury  to  bis  person  was  not 
of  that  detjree,  nor  had  iJecn  pro^ecnted  to  that 
letigfth,  which  could  excuse  his  passion  or  ex- 
tenuate the  guilt,  so  that  the  deed  was  rather  to 
be  held  a  wilful  and  resentful  deed,  the  fruit  of 
the  habit  of  mind,  the  nroud  and  jealous  temper 
of  the  man,  who  acted  deliberately  on  the  oc* 
casion,  than  of  excusable  perturbation  and 
terror,  or  immediate  distress  of  body.  If,  in 
prosecution  of  his  unlawful  purpose,  loni  E^- 
Union  had  advanced  on  Campbell  and  bad  laid 
hold  of  tlie  piece,  and  thus  a  personal  striigf^le 
had  ensued,  in  which  Campbell  defending  his 
property  (and  certainly  be  was  not  obliged  to 
^uit  it)  had  been  beaten  and  overpowered,  or  in- 
jured in  bis  body  before  discharging  his  piece, 
this  would  hare  been  a  far  mure  favourable 
case,  and  indeed,  in  my  mind,  hardly  distin- 
guishable from  that  already  mentioned  of  31  ac- 
leau  in  1710,  where  an  assault  on  a  person  to 
take  bis  carabine  from  himi  was  found  relevant 
to  restrict  the  libel  loan  arbitrary  pain.  For 
this  wouTd  not  have  been  a  situation  of  simple 
trespass  on  goods,  but  of  trespass  necessarily 
coupleiJ  to  assault  of  the  person.  Hut  taking 
all  the  particulars  of  this  unfortunate  story,  it 
could  scarcely  be  said  that  Campbell  had  been 
at  all  assaulted,  or  had  ^ny  reasonable  or  well 
grounded  apprehension  of  future  harm  to  his 
person.  Certainly,  at  the  time  of  dischai'^jiug 
bis  piece,  any  provocation  he  had  yet  received 
was  not  higher  than  if  he  had  been  just  led  in 
passing,  or  pulled  by  the  nose,  or  kicked  on  the 
breech f  no  one  of  which  indignities  according 
to  any  authority  or  precedent  that  can  be  pro* 
duced  in  the  law  of  Scotland,  would  have  beeji 
sufficient  to  excuse  him.  Jn  tine,  he  bad 
shewn  nothing  of  that  forbearance,  that  phlegm 
and  tanliness  of  blood,  which  according  to  Uie 
course  of  our  practice,  is  a  necessary  accoin* 
panimeni  of  this  plea,  but  rather  a  choleric  and 
jealous  disposition,  hastily  to  lay  hold  of  the 
tirst  opportunity  of  offence,  for  the  purpose  of 
revenge. 

**  In  the  close  of  all  I  shall  venture  to  ob- 
serve, that  as  with  regard  to  the  degree  of  pro- 
vocation which  makes  a  ca«f>  of  culpable  femi- 
cide, fi!0  also  with  regard  to  the  judgmrut  which 
luay  competently  pass  on  the  <»tTender,*it  muy 
deserve  to  be  considered,  whether  our  law  is  not 
upon  as  salutary  a  footing  as  that  of  England  ; 
for  our  judges  have  a  discretion  in  this  matter, 
to  condemn  the  man -slayer  to  such  a  punish'* 
mcnl,  according  to  the  measure  of  bis  fault, 
which  shall  truly  serve  as  a  correction  to  him, 
and  a  warning  to  others  i  whereas,  in  England, 
Ibe  judgment  is  one  invariable  thing,  the  for- 
feiture of  moveables,  and  burning  in  the  band, 
wbicti  i«  very  iine<|iial  in  iti  application  to  the 
different  conditions  in  hff ,  and  if  carried  into 
etiect,  may  bt  cilh«r  too  9»fvr%  or  too  Utv\«u\« 


15] 


8  GEOjUlE 

heariogf  a  noise  in  the  dining^  room,  as  my  in- 
itracUons  are,  he  hastened  the  earlier  to  see 
ivhat  the  matter  ivek  ;  as  soon  as  he  came  into 
the  diiiinff  room,  the  first  thing  he  saw  was, 
Tranter  hoUiinijf  the  diHscased's  arm  in  his,  ami 
the  other  deteiidaot  Reason  slabbing  him,  and 
he  saw  the  stab :  lie  was  woing  to  g\^e  the 
neond  stab,  but  the  boy  took  noid  of'  the  sword- 
arm  ;  Reusun  takes  the  sword  with  his  other 
band,  and  says  to  the  boy.  Damn  yon,  ifyoii 
d'not  get  out  of  the  roum  you  shall  die  before 
your  master :  upon  this  he  saw  a  second  pass 
at  tlie  fipentleman,  and  he  cried  Murder;  upon 
his  crying  murder,  the  nuiid  servant  Sarah 
came,  and  she  says  she  saw  her  master  upon 
his  back  on  the  fl'ior  with  his  hands  up  bepriog 
for  mercy,  and  saw  the  men  stab  him  several 
times :  she  likewise  cries  out  Murder,  aud  as 
alie  went  down  stairs,  and  not  till  then,  she 
beard  a  pistol  go  off,  which  must  be  atWr  the 
poor,  wounded,  mangled  man  lay  upon  the 
Qoor.  Some  time  after,  not  two  minutes,  she 
beard  another  pistol  go  off,  by  this  time  the 
noise  was  so  great  that  the  neighbourhood  came 
in,  particularly  one  Waters  a  waterman ;  Waters 
runs  up  stairs,  and  he  finds  the  deceased  at  the 
further  end  of  the  room,  lying  there  in  a  strange 
mangled  condition ;  one  of  the  prisoners  en- 
deavoured to  make  his  escape,  but  be  was 
•tizetl,  and  so  was  the  other. 

It  was  thought  proper  in  this  dying  con- 
dition, as  it  was  apprehended  the  poor  gentle- 
Dian  was  in,  that  they  should  send  for  the  cu- 

m I       I  I     I        ■    .  ■    ■  ■  m  ■■       ,1  » 

course,  but  as  sometimes  managed,  by  gitl  of 
the  forfeiture  to  the  offender  himseU'jhecomes 
DO  punishment  at  all." — Hume's  Comuienta- 
hes  (Description  an<l  Punishment  of  Crimes,) 
chap,  a,  vol.  1,  pp.  37a,  380. 

So,  too,  Mr.  Burnett,  (Treatise  on  Several 
Parts  of  the  Criminal  Law  of  tkotland,  chap.  1, 
p.  17.): 

*<  While  the  law  as  to  homiciflo  on  provoca- 
tion, has  in  latter  years  been  greatly  mitigated, 
it  by  no  means  goes  the  length  of  tluit  indul- 
gence which  seems  to  be  allowed  by  the  law  of 
our  neighbouring  country,  to  resentment  on 
slighter  injuries,  where  danger  U)  the  person 
and  alarm  for  one's  safety  cannot  be  inferred, 
that  it  will  punish  viith  only  tine  and  imprison- 
ment him,  who,  without  any  adequate  or  just 
cauie,  but  from  a  punctilious  sense  of  honour, 
arising  from  a  sl^gntor  implied  injnry,  wilfully 
bereaves  a  fellow-creature  of  his  life  ;  an  in- 
dulgence which  is  directly  adverse  to  every 
rule  and  precedent  in  the  law  of  Scotland. 

**  Nor,  while  it  makes  allowance  for  anger 
excited  by  a  just  cause,  and  which  impels  to 
immediate  resiuance,  will  it  C4Nintenance  any 
tiling  like  deliberate  cruelty,  or  the  taking 
amends  fur  injuries,  even  of  the  highest  kmd, 
alWr  an  interval  of  time.  It  is  the  frailty  of  re- 
■entment  in  heat  of  blood,  notof  rereoge,  after 
•passion  iiaa  had  time  to  subside,  that  tbe  law 
nakM  any  aUowance  fiir.  Btooe  all  acta  of 
raiiaralad  aod  cxeaM?*  ▼) 


I.        Trial  of  llvg\  Reason  anff  Robert  Tranter,        [  16 

rate  of  the  parish,  Mr.  Peters ;  Mr.  Peters  did 
come,  and  according  lo  my  instructions,  as 
they  appnhended  him  to  lie  dying,  says  a 
friend  of  the  defendants,  Pray  enquire  of  the 
gentleman  how  this  accident  happened?  11^ 
did  so,  and  he  will  give  you  an  account  of  what 
passed  between  him  and  the  deceased  before 
the  justice  of  the  peace  came.  Kut  Mr.  Ver- 
non and  Mr.  Haynes,  the  two  justices  of  the 
peace,  sotm  afVer'came  in,  and  at  iheir  request, 
they  having  no  clerk  with  them,  Mr.  Peters 
was  |)leased  to  sit  down  and  take  the  examina- 
tion m  writing ;  having  given,  him  his  oath, 
Mr.  Peters  was  pleased  to  set  it  down  ;  the 
substance  of  what  he  did  say  was  this,  ^*  The 
bailiffs  took  the  pistols  from  my  table  and 
shot  me  twice,  the  fat  man  run  me  through, 
and  then  dretv  my  sword,  which  I  broke  my- 
self in  his  hand,  and  begged  for  my  hfe :  T 
never  fired  a  pistol,  nor  mode  one  push  ;  they 
both  run  me  through,  I  offered  to  pay  them  the 
money."  The  condition  the  gentleman  u  as  in 
at  that  time  was  such,  as  it  was  not  thought 
reasonable  that  he  should  sign  it,  but  they  will 
give  you  an  account  that  he  was  perfectly  sen- 
sible. My  lord,  iu  the  afternooo  someboilj 
sent  for  ftlr.  Peters  the  ckrgyman  again,  and 
it  was  with  an  intent  that  the  deceased  might 
receive  the  holy  sacrament;  and  Mr.  Peters, 
like  a  prudent  man,  says,  **  According  to  tbe 
account  you  have  given  yon  have  been  hardly 
used :  however  it  becomes  me  to  hope  and  de- 
sire, and  you  to  express,  Uiat  you  are  in  cha- 


are  committed  in  a  cruel  and  unusual  manner, 
though  on  slroiif  and  immediate  provocation, 
will  be  held  to  indicate  that  malice  which  is  the 
characteristic  of  murder ;  in  the  same  way  that 
acts  of  lesser  violence,  but  which  end  in  deuth,  «k 
if  done  ex  inter  vallOf  under  pretence  of  prior  ^ 
provocation,  will  be  held  to  mdicate  the ' 


temper,  and  to  foifeit  every  indulgence  of  the 
law. 

"  The  same  principle  holds  in  the  case  of 
immeiliate  resistance  on  provocation,  if  it  shall 
appear  that  the  party  acted  not  from  the  im- 
pulse of  thai  provocation,  but  from  a  fonner 
grudge ;  or  if,  to  satiate  his  resentment  for  ptil 
injuries,  he  purposely  courts  a  quarrel,  and  in- 
duces provocation,  as  a  colour  to  his  malice. 
In  such  cases,  the  extenuation  of  passion  caa 
have  no  place.  The  real  impulse,  tiien,  is  ma- 
lice and  revenge,  that  deliberate  and  reflecting 
passion,  for  wuich  the  law  makes  no  allow- 
ance." 


^ 
^') 
*i 
'^ 
I, 

■\ 

It  is,  perhaps,  too  minute  to  be  wortb  omb-  l 
tion,  that  as  to  convictions  for  mansUugbteri  ^ 
Mr.  Hume  appears  not  to  have  been  aware,  y^ 
that  the  forfeiture  of  (movables)  goods  UM  «f 
chattab  is  in  practice  never  exacted ;  tbal  Ihtt^^ 
burning  in  the  hand  may  in  tbe  discrelioa  «i£ 
the  Court  be  changed  to  a  moderate  fine  %  > 
that  moreorer  the  Court  may  edjiidgie  tlvi 
ftDdertobejaipriMiiM^  «,  «»  ^-Si  p 


Jbr  tie  Murder  of  Edward  Ltdterell,  aq.  A.  D.  1722, 


[18 


■«i» 


\  1  admlBtAer  tlie  lioty -sacrament" 
J  *  A«  1  %hM.  apiirmr  befoi^  ihe  ^rtnX 
Ifiil  vf  bMfVdi,  fvl»«i  I  told  yoti  is  true,  I  waji 
teiMlr  nauiTtl*»r*il  ?    lii>wm>(FT  I  aiii  ill  fier- 
ttharit^  -ive  tliem^  and  1 

'  :       ;       ibem  their  ia- 

iVi  V  i^xikt  be  did  contiaue  lur  somt' 
»•  Isn^it^tiin;;  waVf  thuu^fh  all  care  vvaa 
itftA  Ua  cxnminnUan  after 

a  sad  circum!)ta£ioe  in  the 
mic:  if  mud  no  If^ss  than]  ten  wouridtj 
my  of  iLem  mart  a)  ;    he  did  coii- 
llli*      ~  *!     '  10  nt  ni^ht  and  then 

il  a  caw;  of^rcat  cno- 

uKi  ^i'*  «Mi  njtf  une  baud  the  de* 
F  iifficer«  ttfid  rnin litters  of  justice^ 
1^  prelected  in  h^trwu^  of  their  pro- 
I  a*  wwg  oa  ttiey  do  their  duty  must 
immA  \  %in  u h* ti (KHjjde  Rubutilto  ihcir 
f,  IImtv  ''>e  protected,  and  the 

ftp,  Ibal  m|ijn       [le  to  submit,  requires 

i»  ^km  f»  f»rol«ci  and  preser? e  their  lives, 
ail  It  wmf  omocr  riveif  luireaflooable  correc* 
'.  tii^y  male  no  re^i^itance  in  cases  of 
imlj,  where  hjirdships  and  difficultiis 
«»flat  wpon  tlfetD,  to  afl  to  shorteit- their  hves. 
I«toii  It  to  my  lord's  direcUon,  whether  they 
fl»  MA  ffB^y  <«f  t^V^e  murder?  To  eliew  how 
^rfiil  iDt*  Uw  II  or  tlie  lile  of  man,  my  lord 
fdhi*  **]^*f  U^^oy  °t%i>  ^Ito  t*  in  custoily  of  a 
^iW  WM,  ibe  cornuer^s  inquest  mue^t  ait 
^1  y«i ;  and  it  U  for  this  reason,  that  the 
^^mmj  be  appriseed  thit  the  Kuhject  h,id  no 
feii^T,  biitcftmeto  a  natural  death;  this  po- 
hf  «r  Bw  M  a  guild  QXitt,  Tbef^e,  |^<?nilenieH, 
■P^baumli  Mrbieb  will  betaken  imocon> 
tt(telM»,  and  when  we  haf  e  caHed  our  wit- 
,la  BtttiA  b«  lfe;ft  to  ttiy  lord*))  direction  and 
atioD,  whether  the  defetidaat^' 
)  to  lie  justified,  or  whether  or  no 
Art  w§i  vm  duKife  the  puDiahmenl  due  to 


^^Ki«ri 


Mr.  JU€9€*    1  am  counsel  likewise  in  this 
mm  fer  Use  king :   The   facts  haTe  been  fully 
1  m  every  |Hirticular  circum^ttance,  »nd  1 
1 1«  not  a  matter  proper  for  ua  to 
>  wiSli  ila  naual  attgravation  |    for  consi- 
^gtm^n^vA  i*r*'  nt»t   nlltiwed  counsel  ^ 
tmAf  BO  fairly  before  the 

i<»ii  I  •MOQtomatteriiof 

r  lh«  dcfnidanta  are  oifieerv  of  josttce* 
I  fta  are  entitled  to  the  protectiou  of 
ibtei*.  ^mHf  u%  the  taw  authorines  them  in 
wm  .    Inii  in  case  they  exceed  that 

«^  iiae  tiarbarity  to  their  prisoners, 

«^ff^*r>rTv  r»  tio  oocasion  tor  it,  ihev  eKceeil 
tel»«iids  Ml  tMr  authority y  and  what  hap- 
■Ki  aftarwvnds  by  n  -  -r^?*r  s  qimrTcl,  thtiy 
■isntlri^afv  Ihe  f  ;   and  if  a  per* 

!•  bJIrd,  I  aabib-.  .,  u  ^^ai  lordship  if  they 
r  spi  fuill^  of  *xmw4m^ 
^  II  y  hord,  if  rcsitlance  is  made  by 

^^1^  and  it  ta  necessary  for  the 


mooer,  or  for  the  life  of' 


e  |M*iso 

Hfe  is  attempted  by  the  pri* 


1011.59,91. 


preservation  of  the  \ 
the  officer^  if  bits  Hf^ 

soner,  and  in  doing^  what  i^  necesiutry  for 
their  defence^  and  for  the  keepinjf  of  their  pri- 
soner, there  happens  a  quurrel  commencetl 
by  the  niult  of  the  prisoner,  we  agree  the  of- 
ticers  are  n«t  to  be  blamed  :  Hut  if  a  quarrel  if 
commenced  by  the  offif^rs  against  a  priboner 
subniittiji)^  to  the  law,  luid  to  their  authority, 
aud  wilhn^  to  do  that  which  the  law  requires, 
uamely,  to  pay  the  debt,  then  only  lor  cirility 
money  they  use  durance,  and  they  used  him 
ii),  and  they  begin  the  quarrel  and  ft|»^ht  with 
the  man  on  that  account,  we  must  submit  it» 
whether  it  is  not  murder.  We  must  agree  in 
our  evideoce*  that  there  was  not  any  person 
present  at  the  time  of  the  beginning  of  the  quar- 
rel, nor  who  continued  there  duriujj  the  quar- 
rel :  But  from  the  circumstanceSt  ami  the  evi* 
dence  we  have  to  lay  before  the  jury,  it  will 
amount  to  a  proof,  that  this  quarrel  was  b^ 
guu  by  the  officer*  It  is  true,  ihei^  were 
piflloU  fetched  by  the  deceasei),  hut  these  pis- 
tols, if  we  shew  they  were  not  designed  t^  he 
made  use  of  to  injure  ihe  bailiffs,  but  were  onlv 
for  his  own  preservation ^  if  he  should  he  ill 
used  by  them  ;  if  aHer  he  had  taken  these  pis- 
toU  he  dismissed  himself  from  the  custody  of 
these  pistols,  as  we  apprehend  will  appear  I'uia 
the  evKJeoce,  and  they  take  up  these  pt$kds» 
and  with  one  of  these  pistols  shoot  their  pri- 
Moner,  we  apprehend  that  nill  take  off  the  cir^ 
cuinstaiices,  that  would  sceia  in  favour  of  tbem« 
My  lord,  v»e  will  call  our  witnesses,  yiid  prove 
all  our  facts,  and  then  we  must  submit  it  to 
your  lordships*  direction  tothejurj%  whether 
on  those  fsctii  it  doth  not  appear  tliat  the  of* 
fence  commtted  is  murder* 

X,  C,  J.  (Sir  John  Pratt.)  Call  your  mU 
nessea. 

Tkoma$  Htir^ra-ot  sworn . 

Mr.  HungerJhriL  My  lord,  Thomas  Har- 
gr^ve.  was  the  de€eaj4ed*s  servant,  aud  he  nnw 
more  than  any  body  ;  he  will  give  your  lord* 
ship  an  account  of  the  matter* 

Sgtj,  Cheshire.  Thomas  Hargrave,  do  yoit 
tell  ray  lord  and  the  jury,  what  vou  know  iit 
relatitm  to  your  late  master,  Mr.  Lutterell, 
what  past  between  him  and  the  defendants,  and 
either  of  them,  tell  from  the  beginning,  and  hi* 
sare  you  tell  the  truth. 

[At  the  prisoners*  desire  the  witoesset  were 
ordered  out  of  Court,] 

Har grave.  The  first  beginnitig,  my  lord^ 
was,  my  master  sent  me  out  of  the  hiu»e  to 
call  a  pair  of  oars  to  go  up  to  Westminster  oti 
Tuesday  between  nine  uud  ten  oVlock* 

X.  C.  J.  What  day  of  tlie  month  ? 

a  a  f  grave  ^  1  do  not  know  ;  with  that  I  went 
and  (NiltfMl  a  pair  of  o»rS|  and  came  tiack  and 
told  him  I  had  c«IM  them ;  says  he,  ThomaSi 
get  your  hat,  and  go  along  with  mc ;  when  be 
bad  got  two  or  thret*  doors  from  our  lodging,  m 
tittle  man,  wbost?  natue  is  Tranter,  clapt  hitn 
on  Ihe  shoulder,  and  pteseutly  aiWr  ctt»e  aa<> 

C 


I 


: 


19] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  RoieH  Trataer^       [20 


other  man,  Reason,  and  said  they  arrested  him  ; 
with  that  my  master  says,  **  Gentlemen,  it' 
you  will  go  with  me,  you  shall  have  your 
money,  my  wife  is  with  child,  and  1  am 
afraid  she  will  be  frightened."  "  No,  damn 
you,  we  will  go  with  no  such  Minter;*' 
with  that  with  gjeat  persuasion,  my  master 
got  them  to  go  to  his  lodging:  my  master 
said,  **  fetch  the  attorney  and  I  will  pay 
tbe  money  :'*  Reason  sent  Tranter  for  the  at- 
torney, and  Reason  went  up  with  my  master, 
who  said  to  my  mistress,  "  My  dear,  don't  be 
frightened,  here  are  two  rascals  who  hate 
abused  me  in  the  street;"  and  mv  mistress 
said  to  me,  "  Go  to  my  nephew :"  1  went,  but 
he  did  not  immediately  come ;  when  1  returned 
I  went  into  the  room,  and  there  was  no  hai^m 
then,  my  master  was  walking  about  the  room, 
and  Reason  stood  with  his  iMick  to  the  ceiling 
with  his  face  to  the  pistols.  My  master  said, 
'f  Let  me  see  your  warrant:"  Keason  shewed 
it  him,  and  he  said,  *'  Wipe  your  arse  with  it," 
and  tliroweil  it  down  upon  tho  ground.  Reason 
asked  for  civility  money;  my  master  said, 
*'  No ;  he  would  gire  him  none,  for  he  had  not 
used  him  well."  At  last  Tranter  came ;  I 
opened  the  door  to  him,  be  run  up  stairs,  I  staid 
to  shut  the  door,  and  1  heard  a  rustling  or 
noise  ;  upon  which  I  ran  up  stairs  atW Tranter, 
and  I  saw  Tranter  close  with  my  master  and 
throw  him  against  the  closet  door,  and  Reason 
took  his  sword  and  ran  my  master  through  ; 
I  took  Reason  hold  of  the  sword  arm,  and  he 
said,  '<  Damn  me,  if  you  don't  go  out  of  the 
room  you  shall  die  before  your  master ;"  1 
heard*iio  pistol  all  that  time. 

Serj.  Chethire.  Did  you  go  in  afler  the  pistol 
was  shot  off  to  see  your  master  ? 

Margrave.  No,  I  did  not  see  him  till  after  he 
vtM  carried  into  the  other  room. 

Serj.  Cheshire.  Do  you  know  of  any  di- 
rection given  by  your  master  about  fetching  the 
money  P 

Hargrove  Yes,  I  heard  my  master  say  to 
my  mistress,  **  Fetch  the  money,  and  1  will 
pay  these  rascals." 

Mr.  Rrtve-  1  think  yon  say  upon  hearing 
of  a  scuffle  yon  ran  up*  stairs,  and  you  saw 
Tranter  run  your  master  against  the  doaet  door. 

HargraiK.  Yes,  Sir. 

Mr.  Heeve.  Had  your  master  any  weapon  ? 

Hargrove,  No. 

Mr.  Reeve.  Where  were  the  pistols? 

Hargravc.  Que  was  on  the  table,  and  the 
other  in  the  window. 

Mr.  Hungerford.  How  far  were  the  pistols 
from  your  master,  were  they  within  his  reach  ? 

Hargrove.  No,  Sir. 

Mr.  Hetve.  You  say  you  saw  him  stab  your 


master. 
Hargrove, 
Mr.  Rtcve. 

another  stab  ? 
Hargrove, 


Yes. 

Was  there  any  attempt  to  give 


Yes,  he  went  to  give  another 
atah,  I  lotrk  him  by  the  swoni  arm,  and  he  said, 
**  Damn  you,  you  shall  die  before  your  nuMtar." 
upou  that  1  went  and  onail  out  mnlar. 


X.  C.  J.  YoQ  say  that  before  that  he  de* 
manded  civility  money  ? — Hargrove.  Yes. 

X.  C.  J.    What  said  your  master  P 

Hargrove.  He,  said,  **  1  will  give  no  rascalf 
as  you  are  civility  money,  for  you  have  shewed 
me  no  civility." 

X.  C.  J.  Then  you  went  down  by  your  mis- 
tress's direction  to  call  her  nephew  ;  when  you 
returned,  before  you  came  up,  what  did  yoa 
hear  P  Did  you  near  any  noise,  or  buttle,  or 
blowP — Hargrove,  No. 

L.C.J.   None  at  all  P 

Hargrove.  No;  it  was  a(\er  Tranter  came 
that  I  went  ui»  stairs  again. 

X.  C.  J.  When  Tranter  came,  yoa  opened 
the  dour  to  him  and  followed  him  up  stairs  P 

Hargrove.  Yes. 

X.  C.  J.  Did  you  hear  before  Tranter  entered 
the  room  any  noise  or  stroke  P 

Hargrove.  Only  two  or  three  words. 

X.  C.  J.  What  were  those  words  P 

Hargrove.  I  don't  know, 

Mr.  H'lngerford.  What  said  Reason,  when 
your  moater  told  him  he  did  not  use  him  well  t 

Hargrove.  Then  he  was  mad,  he  swore  sad 
called  him  a  great  many  names,  called  him  a 
Minter,  and  1  don't  know  what. 

Reaton.  Did  not  your  master  request  us  la 
go  to  the  Tiltryard  coffee  house? 

Hargrove.  No;  he  said,  "  If  yoa  willpi 
with  me  I  will  pay  the  money ;''  you  said, 
*'  I  will  eo  with  no  such  Minter." 

X.  C.  J.  Did  your  master  desire  them  to  go 
to  any  particular  place  ? 

Hargravc.  He  said, "  If  they  wouM  go  witk 
him  to  Westminster,  he  would  pay  them  Iha 
money ;"  but  they  revised  and  said,  "  they 
would  go  with  no  such  Minter." 

X.  C.  J.  Did  yonr  master  propose  to  go  to 
his  own  lodgings  P 

Hargrove,  Yes,  when  they  would  not  M 
him  go  there. 

X.  C.  J.  Why  would  he  bad  them  have  gone 
to  Westminster  P 

Hargrove.  Because  for  fear  of  frigfatenin|p 
his  wife,  she  was  great  with  child  ;  with  greae 
persuasion  he  got  them  to  go  to  his  lodging*. 

Reaton.  Dvd  he  not  ask  us  to  go  to  bio 
lodffing? 

Hargrove.  I  don't  knew,  I  did  not  hear  him. 

X.  C.  J.  You  said  just  now  with  much  ado 
yonr  noaster  persuaded  them  to  go  to  hjs  lodg^- 
mg,  now  you  say  you  did  not  hear  him  sdc 
them  to  go ;  I  only  admonish  you  not  so  bo 
too  hasty  in  your  answers,  but  to  consider. 
Who  proposed  goingtn  your  master's  lodging f 

Hargrove.  Why  my  master,  when  they 
would  not  go  there. 

Reaton.  Did  not  I  ask  him  to  go  to  tfao 
Cn)wii-tavern  P 

Hargrove.    Not   that    I   beard;    I 


R(«8on  bid  Tranter  go  for  the  attomey. 

itararisllr.] 
terell  to  go  to  t 


X.  C.  J.  Did 


id  you  be 
tbeCron 


learTkaatararisJ 


Hmrgrmve*  No,  I 
ZWMlar.  M  «^ 

r 


HQ  Jor  fh$  Murder  of  Edward  LuiiereU^  esq. 

♦er  said,  **  fetch 


A.D*  1722. 


TrwmJtgr,  bid  not  i  ik-is,u  e  tj^our  iiiti^ltfr  to 
aarf  jnm,  ami  bi*  tatii),  Damn  jou,  vou  »lsuli 
^i0r''Jimrgmv€,  No,  I  heiird  do  such  thing, 

Ht*ter  Gtrrurdswairn. 

^ey  Ckokirt^  Do  jou  tetl  my  ton]  and  tlie 
jin  MMi  you  knoir  tvheinhc^  r!'^ -tints,  or 
«Mraf  Kli«m  Mrere  fti  Sir.  Lun  ^riit^s^ 

alvlai  fmsHied  lU«?re?  fiegia  «:  u.^  L.^muiug^ 

flaUt.    I   hititi«nirJ  to  be  id  tl»«  kitcheo 
^mmf  Dual' 
Sig*C&c»4^  ^  the  time  and  the  day 

BaHxf^  I  doo^l  IcDOW  indeed,  it  was  of  a 

Sirj.  CA«Air0!,  Do  vou  knoMr  what  naoalh  ? 

&»/«r.    1     don't    know.        Betng^  io    the 

liOHi  I  iMrard  my  mw^r  retarn  again,  when 

hwm  \mx  jait  g^otiv  out  before  ;  hearing'  bis 

i^K  I  atrf>|ted  to  th«  stairs,  md  wonderrd 

ftiilMiiil   ouHif  ■"-:    "  9«i*oon  ;  I  saw  hicn 

NMiiB  with  ;i  \^  \  beard  him  £^o  up 

tf^n,  1  fitftMKHJ^  .«.^,  i  i^eard  him  speak  loud  ; 

l^AaiKMNl  be  was  arrested ,  I  was  sur|jrjjted 

Ml;  ImmtA  a  lUtle  while  till   he  went  up, 

Ika  I  wrtti  up  to  my  mistreEs,  because  she 

9m  with    ciliiifl ;  I   waM  afroid  she  would  be 

I  (    wiMfp  I  came  up  she   was  iu  the 

i|;-niyai  with  tnv  miuiter  and  Mr.  He^isuo, 

A  a  liulr  time  she  went  out  ot  the  dmiiJ|i;- 

I  «ato  tiic  lit-'d  -ctiamber^  and  she  was  ticav- 

•e4  ia  aoaie  tiiiM;  my  master  anil  i>lr. 

^m  w«a  in  the  room  together,  my  master 

aci4    irmlkcd  about  the  room  ;*  I   staid 

wtk  my   ■litireta  some  time,  and   at  last   I 

hmmA  mj  nsMlvr  go  op  stairs,  and  he  rame 

4iwB  inuttidblvly   agam  ;  upon  this  I   went 

Mallie  Ttmtn^  rn*-  »•— -r  hud  two  pistols,  and 

ke  psc  iknn  on  '>f  his  coat ;   I  asked 

hm^  **  What  dj  i.     uith  tiiose  pistoU?  jf 

^  fin  wcomtfS  she  will  he  frii^hted  :"  Says 

k%  •*  I  «io**i  di^iL'ii    iti  «to  any  hurt/'    Thru 

^  laid  nw  hv^  1  abuseit  him  in  the 

Mfeai,  «mJ  cxiif  I  tier  ;  this  man  (potut- 

^1 1»  ffiwiwi)  t»aa  lu  tlie  room  all  the  time* 

Hr,  Mys  I,  pruy  lay  rhmn  ih^^  pistols,  and  he 

«[»aaa4lay  diiwuV  uds  on  the  taldc 

m  my  r^aeM,  and  h  .  hi«  cam*^  in  hts 

tel     I  wrnt  into  tht  mjijiii  ugnin  to  my  mis- 

tooR,  aad  w  t^m  1  csme  there  she  was  m  her 

^fc*  t^iuct   ♦  ""  yJ  ^*he  p)t  up, 

llted  (be  ctif^  r    down  OD   the 

%i-«Ae,  and  *.i^  trr^nivn.     1   pcf^uoded  hfr 

■K  III  ^  fm^blrd  :  Ahciwards  I  heard  some- 

'a*  iJi4*  door,  m»m(   I  »i.-i»|ied  out  to 

'  io,  and  J 

^     J   Tr« liter) : 

y  t>mc  alont;  the 

t'jMm  thst  I 

>«-re  was  a 


^  mi  thm  »taint  tii  \r% 
»  »1if*i**'  lHuO  ni  111  ; 


Tui  iiw  iiii*uivi  be  if  igUtwiMjd  i 


I  heard  a  noise,  but  did  not  know  what  ft  was ; 
I  heanl  the  nuise  i^ row  lyrreater ;  J  stepped 
softly  through  the  passa|fe,  threw  np^n  the 
dining^' room  door,  und  1  saw  Uub  i£ef}tleman 
(puiritinjr  to  ReaMOu)  stiibbiitg^  my  master  with 
sM  his  miffht  »nd  tuain,  and  be  on  \m  buck  on 
the  floor,  liftini^  up  bis  bands  as  if  he  be^K^ed 
for  nterey.  The  other  baih<r  had  hi;*  back  to- 
wtirds  ine,  staodioif  by  the  side  of  my  ma'iler  ; 
1  ran  to  the  door  and  cried  on  t  murder;  then 
off  went  lb*?  uiiitoj :  1  wns  fiii»h toned,  for  I 
thought  they  had  shot  after  me  ;  and  to  about 
two  minutes' there  went  off  another. 

Mr*  Hungerfm-d*  In  that  place  where  your 
master  was,  could  he  come  at  the  pistols  ? 

Hetter,  No,  my  master  had  hts  two  handa 
UHed  up  thus. 

Mr.  Hungerford.  Had  your  roaster  any 
thing  in  his  haudf — Hester.  So, 

Serj,  Chahire.  What  condition  did  you 
leaf  e  your  master  iu  when  you  went  out  ot  the 
room  ? 

Heslcr,  He  was  upon  the  grotmd  on  his 
back|  and  his  two  hands  hfted  op  tiius,  and 
Mr.  Reason  stabbing  him  when  upon  the 
ground  ;  he  stabbed  him  upon  the  hi\  sole, 

8erj.  Cheshire,  I  ask  you,  couHider,  by  the 
oath  you  have  taken,  whether  the  pistul  did  go 
off  till  after  you  had  ]el\  your  master,  and  he 
was  stabbiug  of  him  ? 

Hester,  It  was  after  that  I  saw  him,  within 
two  minutes  atler,  upon  my  crying  out  murder 
the  people  came  up  stairs. 

Reaaon.  How  long  was  this  after  Tranter 
came? — Hester.  Immediately* 

Reuson.  Flow  long  was  it  after  Tranter  cams 
in  befure  you  saw  this? 

Hester.  Not  long,  all  the  action  was  not 
long. 

Mr.  Strange*  You  did  not  observe  where  tlie 
jiislols  lay  ? — Hutcr.  No. 

Mr,  Utrange,  Did  you  oliserfe  your  master 
had  any  thin^  in  his  hand? 
Hester*  No,  I  dal  nf»t. 

L.  C,  J,  Did  you  see  your  master  when  be 
went  (Hit  in  the  morning  ? 
Hester.  No,  I  hesrd  him, 
L,  C.  J*  You  saw  him  when  he  returned  T 
HeHer,  Not  tUI   ho  was  up  in  the  dining- 
room. 

L  C.  X  Had  yoor  msMer  any  sword  oo  ? 
Hester,  I  beliete  he  had«  I  did  not  mind. 
J*.  C.  /.  When  your  m sister  came  in  and 
Reason  after  him,  v"«  hrard  your  master  tulk 
of  un  arrest,  and  that  you  had  the  cunosity  of 
hi  ariii^  whut  pii^M^d  betwei'o  ihvni ;  did  you 
heiir  uiiy  W(»rd»  ut  bent  orpa^siun? 

Hestrr.  N«»,  my  lord,  I  heanl  iiiy  master 
talk  somethtn^,  hy  which  I  understood  my 
niHSter  wa»k»rTe5«ti'd. 

X.  t\  J,  Did  your  mwsler  ^e^-m  angry  ? 
Hester,  Yea;  becnnse  ihey  seemed  so  tin* 
ci%il,  ibst  they  did  nut  come  and  give  htiu 
oottce  of  it. 

Mr.  i;  L    Y^ou  wiy  you  ^aw  your 

imstrr^.  »ari,  csii  you  guess  at  tb« 

quantity  ul  tV  i  — iia«f  •  No« 


1 


4 
< 

1 
« 


83] 


8  GEORGE  L       Triai  ffHugh  Reason  and  Robert  Tnader^       \Vk 


Mr.  Hungerford.  Can  yoa  tdl  for  what  par- 
pose  slie  was  tellinir  ^lio  money  P 

Serj.  Cheshire.  Did  you  bear  Nr.  Latterell 
apeak  to  bis  lady  to  fetcb  any  money  P 

Hester,  1  was  not  in  the  room. 

Reason.  Did  I  stay  in  the  room  by  myadf 
when  your  master  went  up  stairs  P 

Hester,  Yes,  you  did. 

X.  C.  J.  And  when  he  came  down  he  bad  a 
case  of  pistols  P 

Hester.  Wiien  I  saw  him  he  bad  them  in 
his  band,  and  when  1  insisted  upon  his  Uyin^ 
tliem  down,  be  came  and  laid  them  down  on 
the  table  by  me. 

Mr.  Hungefford,  When  did  jrour  master  die  P 

Hester.  He  died  the  nig^t  following,  1  was 
with  him  all  the  time. 

TTiomas  Waters  the  waterman  sworn. 

Reij.  Cheshire.  Thomas  Waters,  will  you  tell 
my  lord  and  the  jury  what  you  know  on  the 
occasion  of  a  noise  and  crying  out  murder  at 
Mr.  Luttereirs  lodging. 

Waters.  AIv  lord,  I  was  at  the  water-side 
wlien  capt  Lutterell  came  down  to  go  by 
^ater,  I  went  down  to  carry  him,  there  two 
men  crossed  over  the  way  to  him ;  I  was  gone 
down  to  my  boat  to  wait  for  him,  but  he  not 
coming  down,  I  came  back  again,  and  seeing 
them  go  into  the  house,  I  went  to  the  water- 
aide,  and  staid  there  some  time,  and  the  lad 
running  out  of  the  house,  and  crying  fire, 
munler,  I  run  up,  and  run  into  the  door,  and 
when  I  was  about  halfway  up  stairs,  "  Lord," 
says  the  boy,  '*  they  are  murderioff  my  mas- 
ter ;"  I  run  to  the  stair-head  and  heard  the 
pistol  go  off,  and  then  said  to  the  boy,  is  there 
any  more  pistols  P  Then  I  opened  the  door, 
and  went  in,  and  met  Reason  with  his  sword 
drawn  in  bis  hand,  and  as  he  was  putting  it  in 
it  stuck. 

Seij.  Cheshire.  Where  was  captain  Lut- 
terell P 

Waters.  Laid  down  on  the  floor,  all  in  his 
gore ;  when  I  came  into  the  room  the  young 
man  followed  me  in ;  1  saw  one  pistol  lay  upon 
the  Ubie ;  Tranter  was  behind  Reason,  Rmlsou 
was  putting  his  sword  into  his  scabbard,  and 
it  stuck ;  and  as  I  came  in  Tranter  shewed 
nie  his  hand,  and  said.  See  how  I  am  used ; 
Reason  was  opening  the  door ;  1  took  hold  of 
him  and  said,  You  must  go  no  further,  here  is 
murder  done ;  then  the  constable  came  in,  and 
I  charged  the  constable  with  them.  The  cap- 
tain's sword  was  in  the  middle  of  the  room 
broke,  he  lay  on  his  right  side  with  his  arm  on 
(be  chair. 

Serj.  Cheshire,  flow  far  was  the  table  off  P 

Waters.  Tbe  whole  breadth  of  the  room ; 
he  lay  just  before  tbe  fire-place ;  1  saw  but 
one  puiol ;  1  came  in  when  the  last  pistol 
went  off,  and  1  met  Mr.  Reason,  and  put  him 
by  with  my  hand,  to  o(»me  into  the  room. 
'  Trcnter.  What  wound  did  you  see  me 
have? 

Waters.  No  more  than  in  your  hand ;  he 
diewedinaliishand. 


X.  C.  J.  Did  it  appear  to  you  upon 
on  his  hand,  that  he  had  receiTed  a 
his  handP 

Waters.  Yes,  my  lord,  I  belieTe  he  was 
wounded,  because  he  shewed  me  his  hand,  and 
it  was  bloody. 

Tranter.  Was  my  bead  broke? 

Waters.  1  did  not  see  that. 

X.  CJ.  J.  When  you  came  into  the  room  yoa 
saw  bnt^ooe  pistol? 

Waters.  1  saw  but  one,  and  that  apoo  the 
table,  just  as  I  came  into  tbe  room. 

X.  C.  J,  How  far  from  Mr.  LutterdI  wasitP 

Waters.  1  bdicTC  three  yards. 

L.  C.  J.  How  far  ftom  the  priaoner,  or 
either  of  them  ? 

Waters.  The  prisoner  stood  by  the  table,  as. 
1  came  into  the  room. 

X.  C.  J.  Was  the  sword  in  the  scabbard  tket 
was  broke? 

Waters.  It  was  out,  and  please  yoo,  my 
lord, 

X.  C.  J.  Whose  sword  was  it? 

Waters.  It  must  be  the  deceased's,  becaott 
tbe  other  bad  his  sword  .with  him  in  his  hand 
drawn.  I  saw  the  blo<id  :  I  desired  the  eon* 
stable  to  draw  the  sword,  and  I  saw  it  bhiody 
a  good  way. 

Mr.  Peters  sworn. 

Serj.  Cfteshire.  Mr.  Peters,  will  vou  tell  my 
lord  and  the  jury,  whether  on  the  17th  eif 
October  Ust  you  was  sent  for,  and  by  whemf 

Peters.  On  the  17th  of  October  kst,  I 
think  it  was  in  the  forenoon,  about  19  o'dock, 
I  was  sent  for  to  Tisit  Mr.  Lutterell ;  the  mee- 
senger  told  me  he  lay  expiring :  I  came  into 
his  room,  where  I  found  him  on  his  bed,  in  a 
wounded  condition,  and  hmguishing  of  hie  * 
wounds ;  he  seemeid  desirous,  that  1  would 
pray  to  Almighty  God  for  his  soul,  for  he  be- 
lie? ed  he  had  but  a  little  time  to  cootiBue  in 
this  world,  and  therefore  he  desired  to  make 
tbe  best  use  of  it ;  I  was  ready  to  assist  him^ 
and  desired  him  to  consider  how  far  he  might 
be  instrumental  in  bringing  this  misibrtone  ea 
himself.  I  desired  him  to  consider,  that  as  s 
dying  man  great  weight  would  be  laid  on  Us 
wonb,  therefore  if  be  said  any  thing  net 
strictly  true,  he  might  iuTol? e  innocent  peepis 
in  the  guilt,  and  the  punishment:  theKtbre  I 
desirecT  him  to  lay  his  hand  upon  his  heart  and 
consider. 

He  told  me,  *<  As  a  dying  man,  as  he  ex- 
pected to  be  tried  for  this  very  fact  at  the  her 
of  heaven,  as  wdl  as  the  persons  who  bed 
injured  him,  he  assured  me  he  was  murdered 
in  a  barbarous  manner.'**  Afterwards  came  ia 

*  Concerning  tbe  admissibility  as  evidenne 
in  cases  of  murder  of  the  dying  oeclaratiotts  if 
tbe  deceased  person,  Mr.  East  (Pleaaoftlm 
Crown,  c.  5,  §  194),  saya,  ••  Besides  the  mmA. 
evidence  of  gnilt  in  general  eeaei  of  Mem 
there  is  one  kind  of  evUcMe  nmra  nsadip* 
tbe  case  of  taueideb  wUdk  m  ths  dM^ 
€f  the 


«3] 


JIft  ih€  Murder  of  Edward  LuiiereU^  wf .  A-  D,  1722. 


mmChmn^^  a  ItajIsfT  in  the  same  street,  and 
imawA  nm  to  pat  it  home  to  him  :  I  tlid  ;  u^Hm 
whkk  be  iii«^e  itie  i!ie  same  nnswer,  **  Tliat 
W  «i»  kartNVtMKly  mtirJerPil  ;'*  he  ^%ttIitetl 
i|gntt,  or  wouM  liare  eKt»refi^t^«)  himself  more 
fali|r :  OB  Ibis  1  pmyeJ  by  him,  udU  when  ( 

hct  iUcif,  and  the  party  hy  whom  it  was 
iMiOed*  £vitlence  of*  this  sort  is  uitmissible 
Ia  Itbii  Ckfle  Of)  the  futlet^t  tiecessity  i  for  it  ofttn 
that  llitfue  is  no  iliiri!!  perion  present 
m  eye-witnewto  the  fact,  and  the  usual 
■llMaim  ulher  felonies,  namely,  the  party  in- 
jmrihamtrH't  is  gotten  rid  of.  'But  in  order  to 
•ft  far  as  possihlCf  the  purity  and 
of  such  eTideoce,  it  mu^t  appear  that 
~  at  the  time  ot  making  8ucb  de- 
wa3  conscious  of  hU  ijaoger ;  such 
being  constdered  as  equiiralent 
tolbaBBCtkvo  of  an  oath/'  [and  as  not  greater ; 
tf  (be  testimony  upon  oath  of  any 
(mm  of  an  attainted  convict)  %Ton1d  not 
eiit  iM>  neither  shall  hif;  d^in^  de<:bra- 
See  George  Drtimmond's  Case,  Oh! 
Sppiember  Sessions,  178i.  Leaches 
niCruwn  Law. — Upon  the  same  prin- 
d^v  il  wmy  be  conjectured,  that  the  dyhifz 
JM^iiHiiiiiiiiiM  of  a  {>erson,  of  whom  it  should 
le  ^rofvtl  that  at  the  time  of  makings  ihcrn, 
it  fid  bOl  believe  In  a  future  slate  uf  moral 
would  not  be  received],  '^  imd  that 
mmM  be  dis(>osed  under  such  cir- 
to  belle  his  conscience:  none  at 
bmd  Aiy  sense  of  rehgion.  But 
need  not  have  been  ex- 
by  Ibe  deceased  ;  it  i*  enough  if  it 
rbl  he  collected  from  circumstances,  and 
Comat  ftre  to  jud^e  of  tht<  consciousness 
tit  the  admission  of  this  sort  of  testi- 

la  eosfbrniity  to  tlits  laxt  position,  it  appears 
lb«l  in  Mari^rel  Tiuckler^s  Case,  Durham, 
mi,  (HV.  £ut  PL  Cr,  ub.  Slip,  from  MH. 
Gaold,  J*  md  MS-  Crow  n  Cases  reserred)  the 
wlietber  her  declarations  were  made 
m  OOGSciOQsness  of  her  dan|«er,  was  ujmu 
aiupit*  oi  execution  referred  to  the  determi- 
of  tbe  judges. 

agmtii,  in  Thomas  John's  Case,  Car- 
8pr.  Sess.  1790,  (ciL  £ti9t  PI.  Cr.  ub. 
M8.  Buller,  J,)  the  Court  was  of 
thai  the  evidence  of  the  stiite  of  tlie 
wS^M  bedtb  at  the  time  the  declarations  were 
suliicient  to  shew  that  she  was  ac- 


M|  dying t  and  that  it  was  to  be  inferretl  from 
ite  ibe  ivms  conscious  of  her  situation :  and 
direction  was  given  to  the  jury 
siabi«ct.  The  jory  having  found  the 
l^itiUy,  this  point  was  (among  others) 
|o  the  judges,  wbo  at  a  cootcreoce  in 
Ttmiy  1790,  all  agreed  thot  it  ought 
bo  M\  to  the  jury  to  say  whetht^r  the 
Ibooght  she  was  dying  or  not ;  for 
be  decided  by  the  judge  before  be 
lb*  erideDce, 
Asd<gttin,  ID  Ueorv  Wdbounie^s  Case^  Lin- 
'   "  a?>3,  (cit,  EmI  PL  Cft  ub. 


[96 

Itiid  done,  X  took  m}*  leave  of  him,.  In  about 
an  hour  afterwards  I  was  sent  for  agaiu  ; 
when  1  came  there,  I  met  Mr.  Vernon  and 
Mr.  Uaynes,  justices  of  the  peace;  one  of  the 
justices  gave  Mr.  Lutterell  liis  oath,  and  them 
being  no  clerk  there,  desired  me  to  take  hit 


sup.  from  MS.  Bugler,  J.)  though  at  the  trial 
the  jndge,  (Aiilihurst,  J.)  left  it  to  the  jury  to 
consider,  whether  from  the  whole  of  the  evi- 
dence they  were  satisfied  that  the  deceased,  at 
the  time  she  made  the  declarations,  was  con* 
vjneedof  the  dani^er  of  her  situation,  yet  upon  a 
reference  to  the  judges  in  Michaelmas  Term, 
1792,  they  all  agreed,  that  whether  the  de- 
Cfiiiiied  thought  herstlf  in  a  dyin|f  state  or  not, 
was  matter  to  be  decided  by  tne  judge  in  order 
10  receive  or  reject. the  evidence,  and  that  that 
point  should  not  he  kft  to  the  jury. 

It  is  not  stated  from  what  principte  thin  doc- 
trine was  deduced,  which  is  to  be  regretted, 
since  It  may  li«  thought  that  the  question, 
wh ether  at  a  giTeii  time  a  person  did  or  did  not 
think  that  his  death,  was  at  hand^  is  a  luere 
question  of  fact,  perfectly  distinct  from  any 
[lomt  nf  law,  and  perfectly  free  from  any  mat» 
ter  ol  legal  inference;  and  accordingly  in 
the  cose  last  cited,  it  has  appeared,  that  at 
the  trial  the  judge  left  the  consideration  and 
decision  of  it  to  the  jury.  8o,  too,  in  the  Caso 
of  Wrlham  Woodcock,  who  was  tried  at  the 
Old  Bailey,  January  ^ssion^  17B9,  before  Lord 
Chief  Baron  Eyre";  present  Mr*  Justice  Ash- 
hurst,  and  Mr.  Serjeant  Adair,  Recorder.  (See 
L^tch'sf  Cases  in  Crow  ii  Law).  The  j udge,  no* 
ticing  a  doubt^  whether  a  certain  examination 
upon  oath,  taken  by  a  uaagistrate,  of  the  de- 
cefised,  was  such  a  defiofiition  as  could  l>e  read 
under  the  statutes  of  Ph.  and  M.  eicpressed 
himself  as  follows  :  '^  My  judgment  is,  that  in* 
asmuch  as  she  wa^;  mortally  wounded,  and  was 
in  a  condition  which  rendered  almost  imme- 
diate death  inevitable,  as  she  was  thought  by 
every  person  about  her  to  be  dying,  though  li 
was  difficult  to  get  from  her  particular  ejcpla- 
nations  as  to  w  hat  she  thought  of  herself  and 
her  situation,  her  declarations,  made  under 
these  circumstances,  ought  to  be  considered 
by  a  jury,  as  being  made  under  t*he  impressioa 
of  her  approaching  dissolution ;  for  resigned  as 
she  appeared,  she  must  have  felt  the  hand  of 
death,  and  constdered  herself  as  a  dying  wo- 
n»an.  8hc  continued  to  repeat  the  tacts  she 
disclosed,  rationally  and  Dnifonnly,  from  the 
moment  her  senses  returned,  umif  her  tongue 
was  no  longer  capable  of  performing  its  ofhce* 
Declarations  so  made  are  certainly  entitled  to 
credit;  they  ought  therefore  to  he  rec^^ived  in 
evidence  :  but  the  degree  of  credit  to  w  hich 
they  are  entitled  must  alwavs  be  a  nialter  for 
the  sober  consideration  of  the  jury,  under  ail 
the  circumstances  of  the  C4ise." 

As  to  the  respective  provinces  of  judges  and 
jurie!!,  6ee  vol.  6,  pp.  967.  992.  BusheU^s 
Case,  999.  lOVi ;  the  modern  prosecutiona 
prior  to  the  Libel  Act  (stat.  $%  O.  3,  c.  60), 
aad  particularly  the  Case  of  Fnuicklift»  *«  i». 


\ 


27] 


«  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter^       [28 


words  ia  writinsf,  which  I  did  ;  the  words  were 
these ;  '*  The  bailiffs  took  the  pistols  from  my 
table;  they  fired  them  twice;  the  fat  man 
drew  his  sword ;  and  run  me  into  the  bodv 
with  his  sword;  and  then  drew  my  sword, 
which  I  broke  in  hi^  band,  and  be^ed  for  life  ^ 

1731,  in  this  Collection.  See,  too,  vol.  8,  p. 
d6;  vol.  11,  pp.  37^,  373. 

The  Statatum  Wallise  expresses,  <  De  Officio 
Coronatoris ;'  **  Eritque  oflioium  ejus,  quod 
8t<itim  post(|uam  ab  aliquo  requisitus  tuerit  ve* 
nipudi  ad  videndum  mortuum  iuterfectum  per 
feloniam,  vel  submersuro,  aut  quocunque  alio 
modo  mortuum  per  infortunium ;  et  eliam  ad 
videndum  hominem  euormitervulneraium,  de 
cujus  vit^  desperatur ;  quod  statim  raandabit 
vicecomili  vel  oallivo  commoti,  quod  venire  fa- 
ciat  coram  eo  certo  die  et  loco  omnes  duodecim 
annorum  et  ultra,  de  vill£^  ill^  in  qu&  casus  con- 
ti^erit  et  de  quatuor  villatis  propinqiiioribus,  et 
quod  per  eorum  sacramentum  fidelii^r,  caut^ 
et  secret^,  ac  diiigent^r  inquiret  de  leloni&,  de 
felonibus,  et  eorum  catallis,  similiter  de  facto, 
et  de  modo  facti,  videlicet  quis  fuerit  culpabilis 
de  facto,  quis  de  vi,  et  cujus  modi  vi,  quis  de 
pnecepto,  seu  missione,  quis  etiam  de  recepta- 
mento  post  factum,  et  de  catallis  eorundem  ho- 
ininum  qui  per  inquisitionem  iade  culpabiles 
iuventi  fuerint." 

<<  This  branch  of  duty"  (the  attendance  and 
summoning^  a  jury  in  case  of  any  person's  being 
so  severely  wounded  that  his  life  is  despaired 
of)  **  in  a  coroner,"  says  Mr.  Barrington,  '<  is 
now  totally  neglected,  as  his  proceedings  are 
only  *  super  visum  corporis :'  it  is  a  regulation 
however  whiph  deserves  much  to  be  revived. 
And  1  should  conceive  that  this  attendance  of  a 
coroner  with  a  jury  when  a  dangerous  wound 
had  been  received  was  to  prevent  the  dying 
words  of  the  person  murdered  from  being  evi- 
dence"  [quere  the  precise  meaning  of  this,] 
**  as  this  kind  of  proof  though  allowed  at  pre- 
sent cannot  be  too  cautiously  admitted.  It  is 
presumed  indeed  that  the  words  of  a  person 
expiring  cannot  but  be  true,  considering  the  si- 
tuation uudec  which  he  gives  the  information. 
But  may  not  a  dying  man,  though  a  good 
Christian,  deprived  of  expected  happmess  in  life 
by  a  wound  received  perhaps  from  an  enemy, 
rather  wish  his  punishment  more  eagerly  than 
he  should  do  ?  and  may  not  those  about  the 
dying  person,  who  are  generally  relations,  re- 
peat what  he  hath  said  more  strongly  on  his 
trial,  than  possibly  the  wortls  were  delivered?" 
Observations  on  Statutom  Wallie. 

Concerning  the  admissibility,  under  the 
Scots  law,  ofevidence  of  Dying  Declarations, 
I  find  the  following  passage  in  Mr.  Hume's 
*  Commentaries'  respecting  Trial  for  Crimes, 
▼ol.  3,  pp.  237,  et  ug. 

*'  In  cases  of  murder,  oor  judges  have  aU 
ways  admitted  evidence  of  the  dying  declara- 
tion of  the  deceased,  even  though  purely  verbal, 
•dA  sdll  more  if  redueed  into  writing  by  toy 


1  neitlier  fired  a  pistol  nor 
they  both  run  me  through ; 
them  the  money."  I  think 
words  he  said.  AAer  this 
again,  and  still  desired,  that 
any  thing  to  the  charge  of 


made  one  push  ; 
1  offered  to  pay 
these  are  the  very 
I  praycHl  by  him 
he  would  not  hiy 
people  that  were 


creditable  person,  with  respect  to  the  manner 
and  guilt  of  his  death ;  justly  considering  that 
such  materia]  testimony,  and  given  on  so  try- 
ing an  occasion,  is  of  some  weight  in  the  scale  ^ 
ot  evidence  and  sound  reason,  as  a  circum*  ' 
stance  and  presumption  of  guilt,  though  not  to 
be  received  certainly  as  of  equal  value  with  aa 
oath  emitted  before  the  assize.  This  doctrine 
has  the  sanction  of  many  precedents  in  va«  •' 
rious  forms.  In  the  case  of  William  Ross,  Fe-  ' 
broary  16th,  1719,  the  interiocntor  sustains  this,  < 
among  other  articles  of  presumption  against  ^ 
the  pannel,  *  And  upon  carrying  the  pannel  to  ^ 
the  defunct's  house,  he  the  said  defunct,  whca  v 
on  death  -bed,  U|M>n  seeing  the  pannel,  did  do*  > 
dare  that  he  the  said  pannel  was  the  persoa  ,« 
who  gave  him  the  wound.'  The  libel  against  vj 
George  Donakl,  August  4th  and  11th,  1730,  '-^ 
relates,  '  at  least  at  the  time  and  place  afore-  'i 
said,  the  said  deceased  Robert  Stewart  received  -i 
a  wound  in  the  bell  v,  of  which  in  a  short  space  <  j 
he  died,  and  upon  the  noise  made  by  the  firing  ;. 
of  a  pistol,  one  of  the  neighbours  running  in*  •. 
mediately  into  the  said  house,  saw  him  the  said  ^j, 
George  Donald,  with  a  pistol  in  his  hand,  x 
which  was  smoking,  and  fire  on  the  breast  of  \i 
the  said  liobert  Stewart's  clothes,  and  havinr  y 
opened  them,  saw  ane  wound  bleeding,  ana  \ 
beard  tlie  said  Robert  Stewart  say,  that  he  the  «, 
said  George  D«)nald  had  shot  him.'  Testimony  >, 
was  given  to  this  material  circumstance,  not*  | 
withstanding  the  opposition  made  to  it  by  the  <^ 
pannel.  Indetnl,  in  such  cases,  the  dying  d^  4 
claration  is  properly  a  part  of  the  fact,  or  story.  -., 
<*  The  indictment  of  Norman  Ross,  mskes  the  ,1! 
like  charge  in  these  words :  '  And  she  being  yet  *. 
able  to  speak,  declared  to  the  persons  pre-  ^ 
sent,  that  he,  (Norman  Ross)  was  the  person  ^' 
who  had  done  that  bloody  deed,  and  directed  ,^ 
tliem  to  look  for  the  knife,  which  was  accord-  , 
ingly  done,  and  found  behind  the  bed,  besmeei^  .' 
ed  with  blood:'  And  these  things  weut  to  ^ 
proof  without  objection.  The  like  was  allowed  ^ 
in  the  trial  of  Nicolas  Cockburn,  August  lOtb,    ^* 

1754,  for  poisoning  her  stepmother:  A  siir-  ' 
geon  who  attend^  the  deceased,  and  Mr.  ? 
Duudas  of  Amiston  (afterwards  lord  president  ^ 
of  the  court  of  session,)  who  had  acted  •■  n  *|| 
justice  of  peace  on  Ihe  occasion,  deponed  et  , 
large  to  the  account  which  the  deceased,  in  her  ,,^ 
illness,  had  given  them,  of  the  violent  and  sad*  ] 
den  manner  in  which  she  was  taken  ill ;  of  the  ^J 
pannel  having  prepared  breakfast  for  her ;  of  ^ 
the  various  shins  and  subterfuges  which  aha  J 
used  to  avoid  detectiou ;  and  iu  short,  of  her  ^' 
whole  grounds  of  belief,  that  the  pannel  wee  ^ 
the  cause  of  her  death.  There  is  another  ceee  ^ 
of  murder  by  poison,  August  9th  and  lOlh    ^ 

1755,  that  of  Andrew  Wilson,  who  was  tf  led  || 
for  poiioning  lue  wife ;  end  tlien  the  libel   j| 


B]  j6r  tie  Murder  ofEdxmrd  Lutterellf  esq. 

i«t  fnOiy  :  I  lell  him  tben,  «nd  carne  ii^abi  a 
Ibipi  tnnVf 


A.D.  1722. 


f38 


•nd  as  I  wiui  pruyintt  by  liitvu  he 
rtir,  arift  nskeil  me^  W  it  was  tiol 
iciipir  to  FP^oeive  ibe  holy  sacrament^  which 
W  «•»  4e«triMis  to  do:  1  asked  hiin,  if  ever 
h^  liati  reerited  th«  ncrament ;  he  totd  nie 
l»  batf  t  I  d«^ired  him  to  consldtTt  and  lo 
•■Milivifi  I  |iyt  blm  into  a  method  ;  I  told  him 
a*  ikm^  which  was  necessary,  which  perhaps 

%etf¥ii^like  inip^atrbmenl  of  the  piiRnel,  hy 
iWlRfim*!  Hjwti  her  de*lh*bed,  thus  :  *  And 
1ilar»i  Ljd  HI ifCj  during  hc^r  said  last 

ik^  e  pr&««uce  and  hearlogf  of  se- 

l|eTVii^«  txjftfss  silrong  aiiJspicions  of  your 
jfMooed  her  with  the  said  drink.*  Last 
f  owv  i»pp4*al  to  the  noted  trial  of  Muns^o 
,  Februiiry  S6tb,  1770»  where  Mr» 
r,  tt«e  surg^eon  who  itlended  lord  EtfUn* 
«i*«  hi'*  flrj&lb  hed«  g^ave  evidifnce  of  bis 
»mtitin»  wiih  r(^Kp€ct  to  the  (>ccii5ioti 
ring*  ibe  mortnl  wound » 
Ligr||,t'rc)fn  their  nQlure.cases  of  murder 
i  trec^tietit,  they  lU'e  not,  however, 
i«  skIv  caiw^i  in  which  this  sort  of  evidence 
mty  btVfat>)oy  ed,  a$  appears  from  what  passed 
h  Uie  Utal  of  J  amen  Mat:gTegor,  Augii-,t 
H  1TS3,  for  the  aMuction  and  fori^ible  raarry- 
m^oiJema  Key.  After  being  recovered  out  of 
A0  pattiitil*s  bands,  and  placed  with  a  relation 
if  Mr  OWO4  that  unfortunate  young  woman 
Mm  tbe  ^th  of  May,  of  her  own  acijord, 
MB  into  the  presence  of  two  of  the  judges  (tlie 
M  ^^iistser-eieik  aod  lord  Drummore,)  and 
W  ffifal^ly  related  lu  tbeni  the  story  of  her 
Mfoififg^T  wliicb  was  duly  taken  down  in  writ- 
mff-f  mmI  slie  had  afierivards,  in  presence  of 
teCoufi,  eonfirmcd  and  publicly  adhered  to 
Ikii  4ecSimtiofi.  But  at  this  time  &he  was  in 
ai  iftAmi  aitd  languishing  condition,  in  coo- 
ef  Iht!  ^ievuus  outrages  which  she 
foficfrd  ;  and  she  died  before  the  libel  was 
tt^fwi  the  author  of  her  dlhrresses.  To 
Mf^t  therefore,  as  far  as  mii<lit  be,  this  ma* 
~  *  '  4tSkt%  llie  piTrteciitor  Hbelled  on  these 
of  ber's,  as  meaning  10  prnduce 

\  hf  wmf  of  evidence  in  the  iriaL    Accord* 

iiflf ,  mtUft  bearing  counsel,  the  Court  allowed 
iM  IP  be  ii«ed  as  circumstances  of  presnmp- 
!■  agttiiit  the  pannel ;  and  they  were  again 
fnime^  Auifiist  6lb,  December  97,  1753, 
Hlbeinal  of  Robert  Mae«rrt*gor,  ibe  associute 
#laiiei  ill  this  atrocious  enterpnze. 

*  4i  irsiimonieiiof  ihii^  sort  may  thus  serve  to 
^iq|i|irfli  tl>e  case  ag^ainst  the  pannelf  ro  may 
ivf  dotthtkftfa  be  referred  to  on  bis  [Mirt,  iriih 
i|Mi  cralit,  AS  ^f^t  as  they  are  favourable  to 
l»  ijfaici.  Kucb  BU  appeal  was  made,  and 
f(»f»,  in  the  trial  of  8nmuel  Hale,  a 
'1  accidentally  stmt  hi"*  comrade, 
1  d,  in  the  course  of  some  sport 
:f  on  between  tbem.  It  was 
e  that  the  deceased,  when  sup- 
hitt  death -bed, 
mis:    ''That  he 


Girt 


.e  fr 


:^ 


cs 


liiut  ^,^..«Mu^^  i^<iic,  panneli  knew 
:  fkw  WIS  ioAdcd,  tnd  tliut  he  free- 


he  might  come  into  with  relaclanee,  and  that 

was  charity  and  forgiving  his  eneraica.  ]  told 
him  be*  had  been  hardly  dealt  with  1  lietieved, 
)'et  it  did  behove  hiin,  us  he  diett  a  Chri^iau^ 
to  forgive  them :  he  lold  me  be  did  lbr^''ive  them^ 
and  be  hoped  Almighty  God  at  the  last  day 
would  forg-ive  their  indiscretion  ;  he  died  bqiho 
ttme  afterwards^  but  th'u  in  so  doling  a  condi* 
tion,  that  f  could  nol  attend  him  lo  any  pwryme, 

ly  forgave  bim,  and  stretched  forth  bis  baail 
aod  kissed  hiui^  and  said  be  believed  he  mean4 
bitD  no  barm,  and  that  the  same  was  acci- 
dental.' Hale,  in  consequtmce,  bad  a  verdict  of 
acquittal »  Though  not  attended  with  the  sam^ 
Wtieiit  la  the  puna  el,  the  like  eiidence  iu  a 
written  form  was  allowed  in  the  trial  of  John 
Dowuie  for  murder,  December  12tb,  1774, 
who  prudiiced  the  dying  declaration  of  the  de- 
ceased, tiiken  down  before  witne^es,  by  the 
minister  of  the  parish.  In  one  instanoe^  and  I 
believe  in  one  only«  a  pannel  had  been  allowed 
to  avail  himself  of  a  testimony  of  a  more  un- 
usual  kind.  In  the  trial  of  Alexander  Heid,  m 
revenue  officer,  for  murder,  March  15ih^  17fti* 
be  founder]  on  the  decliiration  betiire  a  tuai^is- 
trate,  of  John  Faiquharson,  also  a  revenue 
officer,  and  one  of  the  same  party,  wh4>  had 
likevtise  been  accused  of  the  murder,  but  was 
DOW  deaiL  But  this  of  allowing  a  deceajed 
culprit  indirectly  to  s;ivc  evidence  for  another 
culprit  on  his  trial,  cannot  be  considered  any 
otherwise  than  aa  an  exii  anrdiLtary  indulgence, 
which  vva.s  owing  only  to  the  lord  advocate's 
crnii^ent,  given  on  account  of  the  particular  cir- 
cumstances of  the  case/' 

]  n  Aveson  v.  lord  Kinnaird,  d  East  1Q8>  it 
v,3ih  held  that  in  an  action  by  the  husband  upon 
a  policy  of  insuianee  on  the  life  of  his  wife^ 
made  by  her  when  lying  in  bed  apparently  ill, 
stating  the  bad  state  of  her  health  at  the  period 

of  her  going  to  M {whilher  slie  went  a  fe*r 

days  before,  in  order  to  be  examineil  by  a  sur- 
geon,  and  to  get  a  certificate  from  him  of  good 
health  preparatory  to  making  the  insurance) 
down  to  that  time,  and  her  apprehensions  that 
she  could  not  live  ten  day?  longer,  by  %vhich 
time  the  policy  was  to  be  returned,  are  admis* 
Bible  in  evidence  to  shew  her  own  opinion,  who 
best  knew  the  fact  of  the  ill  state  of  her  health 
at  the  time  of  effecting  the  policy^  which  was 
on  a  day  intervening  between  the  time  of  her 
going  to  M-  -,  and  the  day  on  which  such 
declarations  were  made :  and  particularly  after 
the  plaintiff  had  called  the  surgeon  as  a  wit- 
ness, to  prove  that  she  was  in  a  good  state  of 

beahh,  when  examined  by  bim  at  M- ;  bis 

jutlgment  being  formed  m  part  from  the  salb- 
factory  answers  given  by  her  to  his  enqniries. 

And  in  the  same  case,  lord  Ellen  borough 
mentioned  a  case  of  an  action  upon  a  l^ond,  in 
which  Mr.  Justice  Heath  permitted  evidence 
to  lie  received,  that  the  attesting  witness  l»ad  in 
his  dying  momeota^egged  pardon  of  heaven 
for  having  been  concern^  in  forging  the  bond* 
See,  also,  Wright  v.  Littler^  0urrow,  1565, 
'cited  by  lord  Ellenborough, 


8  GEOHGE  I.       Trial  n/Hugh  Reason  and  Rohtrt  Tranter, 


Mr.  Hunger  ford.  Did  be  siy  toy  thing- 
I'iibotit  wbo  Bred  the  piblol  ? 

Fetert.  i  meniioneil  k  to  liim ;  wl»rii  I 
[ttikerl  him,  if  he  had  Bred  either  ol  llie  ptHU«ls% 
1 1  tuhl  hiinoneof  the  iiaihff^  viii«  uoundiil, 
(ant)  that  there  were  ifvo  hnlls  takni  out  of  hh 
lliarid  ;  he  assiured  me,  as  he  vfnA  a  dvitig  mati, 
,  lie  fired  uf  tther  of  liw  pisiol-t. 

Heusoft*  Did  not  he  confess  that  he  bad 
binike  CHIP  of  their  headts  ? 

ttUrg,  No,  he  did  not  say  be  broke  one  of 
freir  heads,  nor  dti y  thiii^jf  hkt-  it ;  «o  far  from 
that,  that  he  said  he  did  not  deujg'u  to  hurt  a 
buir  of  their  heiids. 

L,C  J.  I  ihiok,  Mr,  Peters,  you  Ray,  when 
r^ou  came  there  you  met  uiih  two  justicei  of 
T'the  peace,  Mr,  Vtinon  and  Mr.  Htiynei!,  and 
pt>ecau!»e  they  hid  no  rli-rk  there,  they  (Jeairetl 
70U  t<»  take  the  esuioiinaitoii. 

Pet  en.  Yea,  my  ioi-d,  t  diil  lake  it. 
8erj.  Chahire,  My  l*>f*l,  I  ajiprebendei!  we 
^hid  it  ready  to  prodace,    or  else  1    hud   not 
ned  it ;  but  upon  my  caltio*'  for  it,  I  am 
Kiold,  to  my  surprise,  that  Mr.  Veruoa  hath  it, 
■snd  be  tn  gmw  intn  the  country. 
Fettru,  i  hare  a  copy  of  il. 
i,  C-  J.  We  must  have  the  orii^naU 
PeUrt,  My  lord,  there  ia  a  copy  of  it  in  my 
^onition  before  the  coroner. 
L*  C*  J,  la  Mr.  Haynesheref 

Mr.  Haynet  called. 

L.  C*  J.  You  have  g^iven  an  accoutit  of  the 
E^xamltialioti  of  this  gentleman,  first  before  the 
IcHergyman,  at\crwarfis  bt^fore  two  justices  of 
the  peace,  hi^  examination  is  taken  and  reduced 
into  writing,  and  if  it  was  reduced  into  writing*", 
by  tlie  rule  of  law,  ufile?i8  yon  shew  you  are 
ditiabled  to  do  it  by  aouie  accident  or  other,  you 
iDU^t  produce  that  \t riling^. 

Mr.  Reeve.  I  am  very  much  surprised^  I  ap- 
^prebeiided  they  had  the  writing  ready  in  Court 
'to  produce.     My  lord,  Mr.  Elaynea  will  inform 
you. 

Mr  Hflj^tief  sworn, 

X.  C.  X  Mr,  HavEies,  we  have  been  in- 
brmed  by  that  geottemao  that  stands  before 

^  you,  the  [oifiister,  that  upon  hearing  of  this 
uuhuppy  accident,  you  and  one  of  your  bre- 
threu,  Mr.  Vernon,  came  there  in  order  to  en- 
quire itiio  the  matter,  and  lake  the  examiiiaiion 
of  the  prijiooera  ;  did  you  do  it  ? 

Ha\/nes.  My  lord,  on  the  17lh  of  October 
last,  the  pri»oner0  at  the  bar  were  brought  be- 
Ijie  me,  and  charged  with  the  murder  of  Mr. 
Lutterell ;  1  undenttood  Mr.  Luiterell  was  not 

'  actually  dead,  so  Mr.  Vernon,  another  justice 
of  the  peace,  went  with  me  to  Mr.  Lutterell '■ 
lodging,  and  there  we  found  him  in  a  WQiry 
weak  condition,  but  iiensibtc  ;  \^c  adminiitereil 
the  oath,  to  order  to  take  the  information  in 
form ;  Mr.  Vernon  and  the  mininter  were 
lb  ere  ;  my  bearing  not  h^nic  ^ood,  Mr.  Ver- 
•CD  exammeii  him  i  but  before  they  could  per- 
feet  bis  examination  in  lorm  be  fainted  away, 

Mffd  ctfold  not  g9  9u :  Ibeii  we  went  to  my 


hou^e,  where  the  prisoni^rs  were,  and  exa- 
mined them^  and  afterwards  committed  them. 
What  the  deceased  said  to  Mr,  Vernon  and  the 
trunistpr  1  did  uot  hear,  so  can  give  on 
count  of  it. 

]%tr.  lieete.  B%d  you  a  paper  taken  ? 

Httytirt.  There  was  a  paper  taken,  but  J 
was  iiupertect. 

Mr.  Keete.  And  1  think  that  is  not  in  ya 
custody,  had  you  the  paper  ? 

Htij/ttrs.  No,  I  httd  it  not, 

Mr.  Reevf.  Do  you  know  where  it  is  ? 

Jlui^nti.  No«  1  do  not. 

Peters,  I  jfQve  it  to  Mr.  Vernon,  and 
tainetl  it  of  him  to  shew  the  coroner,  and  1 
terward>i  1  |^ve  it  him  again  ;  1  took  acapy' 
of  it. 

L,  C,  /,  The  copy  you  took  is  from  ihm 
pajier  produced  to  the  coroner. 

Mr.  Hecre,  You  were  examined  before  th# 
coroner  ? 

Fcten.  I  brought  the  original  paper  to  the 
coroner. 

Mr.  Ki'rre.   Whether  that,  which  ia  me 
tioned  in  your  affiilavit  betore  the  coroner, ' 
a  copy  from  iheorig'inal  paperf-*Pc:<rrf. 

Mr*  Rerrc  And  did  you  examine  it  ? 

Pfietx.  Yes- 

X.  C.  J.  We  must  have  the  original. 

Mr.  Httngerford,  We  hope  we  may  Hal 
liberty  tu  read  the  deposition  taken  before  the 
coroner,  if  what  the  gentleman  says  be  so  ;  he 
saw  the  examination  taken  in  the  presence  ef 
the  justices  of  the  peace,  and  the  very  paper« 
the  ^\ord»  of  the  paper,  are  containei]  m  the 
deposition  taken  before  the  corouer. 

L.  C*  X  That  won*t  do,  you  have  not  tite 
examination  of  the  deceased.  This  is  ill  done 
of  Mr.  Vernon,  he  on};ht  to  have  taken  care^ 
and  attended  here,  and  had  the  examinatiOQ 
before  the  Court,  and  without  that  we  caniiot 
arrire  at  the  truth  of  this  case  ;  I  doabt  yen 
must  tav  aside  all  the  evidence  of  this  gen* 
tieman  tor  want  of  t}ie  original  examination. 

Mr.  R^eve.  We  must  stihmit  it  to  your  lord* 
shipf  as  to  the  oonfesaiou,  that  part  of  it  that 
is  not  contained  in  the  examination^  which  was 
not  proposed  to  him  at  the  time  of  liis  exami- 
nation, whether  that  is  not  evidence;  there  are 
two  or  three  things  he  gives  an  account  of,  that 
he  said  before  it  was  reduced  into  writing.  Bui 
suppose  we  cannot  have  the  beneBt  of  the  exa- 
mine] ti  on,  yet  the  discourse  that  was  had  with 
the  deceasied  at  another  time,  whether  we  may 
uot  be  admitted  to  give  that  in  evidence,  we 
must  Rubmit  it  to  your  hirdship.  But  suppose 
no  examination  hud  l^een  tuken,  we  humbly 
apprehend  what  he  said  wouhl  be  proper  to  lay 
betore  the  jury.  Therefore  when  he  gives  an 
account  of  what  be  suid  at  another  time  tbaia 
that  of  his  examiiintion,  though  we  cannol 
produce  what  he  suid  at  the  time  of  hia  exami- 
nation, yet  we  may  give  in  evidence  what  he 
said  at  other  times.  There  were  two  ftiher 
limes  which  be  gives  an  account  of,  Ihe  tirst 
was,  wheu  he  was  sent  tor  to  pray  by  bim, 
and  one  Church  ctme  in;  be  theu  declared  tm 


SS]  Jbr  the  'Murder  of  Edward  Luiierdlf  esq* 

dying  man,  he  was  barba- 


tke  vorda  of  a 
nuriy  murdere«!. 

L.  C.  J.  Vnu  IcDow  in  the  codrt  of  Chan- 
ecrr,  when  the  party  »  examined  on  his  oath, 
he  ei%C9>  id  a  first  answer  ;  anil  on  exceptions 
tikfD  tfi  it,  be  i^veM  in  a  scicond,  and  so  a  third ; 
ill  ibe<c  are  taken  but  as  one  answer  and  entire 
cni'eaHsioa  nl  the  party. 

Nr.  R/ere.  Here  is  not  an  examination  he- 
fon- 1  proper  officer. 

L  C-  J.  Y'cni  are  to  be  heard  no  more  to  it, 
hicv>«  %ou  ou|j;'ht  to  produce  it. 

St.  Rtcve.  1  am  sure  it  is  a  surprize  on  all 

Mr.  Hungerford.  As  to  us,  we  ha?e  the  very 
flKJ««»:tiu  in  our  brief,  and  I  believe,  if  we 
k*l  I  <vii<rht  it  cToiihi  not  have  been  produced, 
veihrt'iHl  n'lt  have  opened  it. 

L  C.  J.  And  there  is  to<»  an  examination  in 
fBi;  that  oiK^ht  not  to  be,  and  the  person 
lbi«/l  it  uij(*ht  to  be  censured  ;  are  juries  to 
hi  prfjnssie^isiiti  ;  here  is  a  priuted  pamphlet, 
vk^  the  title  is,  Mr.  LuttereH's  Cry  for 
JiMice. 

Mr.  Hunger firrd,  I  never  saw  it,  but  am 
liU  h  i*i  luu&c  in  favour  of  the  prisoners  at 
Skew. 

L  C.J.  If  the  examination  is  true,  it  ought 
li  ^  pTixluced,  and  the  prisoners  oui;ht  to 
CDnef^iriy  to  their  trial,  and,  if  guilly,  God 
fcriul  but  they  should  suffer,  but  not  by  pas - 
■■aie  insinuations  in  print ;  and  it  is  an  uu- 
IMerdeQitrd  thing,  and  if  it  comes  out  who  did 
^l«liaUtake  a  course  with  them:  it  is  a 
Hi  of  preveniini;  all  manner  ot  justice. 
ftr  Hatifierford.  No  doubt  it  is  a  very  nn- 
Ktbinj^,  aiiil  unuarrantahic,  no  more  to  be 
tlian  otlicers  are,  vilien,  under  the 
ar  of  J4jfttii*e,  iliey  shall  murder  a  gentle- 
I  at  his  own  IcMiginsif :  htit  as  to  the  case  in 
ery,  fiist,  scctMid,  hikI  lliinl  answers  are 
Ik  out*  answer.  I  »p(uk  it  with  all  deference, 
VfceUier  that  be  the  same  case,  I  he  uonis  that 
hsdid  ddi%er  at  oilier  times,  W\\v\\  the  jiislires 
Mc  not  present,  whoii  he  was  a  dying  person 
a  ihr  brink  of  eternity,  and  then  said  the 
■Be  words ;  and  now  this  paper  cannot  be 
pndocH,  whether  the  words  of  the  jiapcr  may 
Mlbeaihuitted  as  evidence,  we  huTubly  suhniit 
llli  your  lordship;  and  we  ht-lievc  the  wit- 
Wami  wiJI  give  vuii  an  account  of  what  he 
ttiiat«Mher  jierioils  of  lime,  when  there  was 
•i  Oauiinatioii  in  writing,  which  was  only 
^km  the  justicfss  attended. 

Im  C.  J.  Give  an  account  how  it  conies  to 
fn^  that  }ou  have  not  this  cxuininatiou  to 
,  that  was  in  ^iritinji^  ? 


Mr.  3/z7cAc// sworn. 

Mr.  Rerve.  Will  von  give  an  account  of  this 

C,aiid  wlieiher  there  hnii  heen  any  appli- 
made  to  get  it,  and  why  it  is  noi  here? 
'%cAfi/  1  calle<l  at  Mr.  V  rrnun's.  hut  they 
■t  be  was  ^one  into  the  country,  and  he 
M  ftjud  any  one  place,  which  he  iMit  du- 
hay  4td  noi  know  w  here  to  send  to  him. 
tSm  J,  Here  is  a  printed  narraiire  goes 
XVI. 


A.  D.  1722.  [34 

Do  you  know  who  was  tha 


about  the  town, 
author  of  that  ? 

Mitchell.  No,  my  lord,  we  have  been  en- 
quiring in  order  to  prosecute  the  person  ;  I 
have  asked  the  widow,  and  Mr.  Keat  her  ne- 
phew, and  they  say,  they  know  nothing  of  it. 

Mr.  Hun^erford.  It  sots  out  with  this  fact, 
that  the  deceased  struck  first ;  anil  if  so,  it  is 
very  reasonable  to  suppose,  that  this  paper  was 
done  rather  in  favour  ot  the  prisoners  at  the  bar, 
than  of  the  prosecutors. 

L.  C.  J.  The  justice  of  peace  that  had  not 
the  examination  doth  appear,  but  he  that  hath 
it  is  out  of  the  way.  Mr.  Peters,  how  many 
times  was  you  with  the  deceased  ? 

Peters.  Three  times;  at  12  o'clock,  about 
an  hour  afler,  and  about  an  hour  after  that,  the 
third  time. 

L.  C.  J.  When  was  it  you  retluced  what 
he  said  into  writing? 

Peters.  The  second  time ;  the  third  time  I 
administered  the  sacrament. 

L.  C.  J.  And  when  you  examined  him  the 
first  time,  and  afterwards  a  second  and  third 
time,  the  design  of  that  was  to  perfect  the  exa- 
mination which  you  took  the  lirst  time,  and 
then  it  is  all  of  a  piece. 

Mr.  Hungerford,  My  lord,  the  third  exami- 
nation was  atler  tli^  taking  any  thing  in  writ- 
ing ;  when  he  took  the  sacrament  on  the  so- 
lemn occasion,  he  declared,  &c. 

Just.  Powis.  The  last  examination,  there- 
fore, was  an  advice  to  a  forgiving  temper. 

Just.  Elf  re.  Mr.  Peters  should  declare  what 
he  said  the  first  and  third  time. 

Peters.  I  pressed  him  to  consider  and  recol- 
lect whether  what  he  had  said  was  true ;  he 
said  it  was. 

Just.  Ej/rc.  What  did  he  say  the  first  time  ? 

Pe/ers.  The  first  time  he  told  me,  **  he  was 
barbarously  murdered :"  As  I  told  you  before, 
there  came  in  one  Church  a  bailiff,  and  then  T 
put  him  to  conhider,  whether  he  was  not  ac- 
cessary to  his  own  mislorlune  ;  to  \a  !iich  he  rc- 
turneclthe  same  answer,  "  Thai  he  was  harhar- 
oiiiily  murdered,  that  he  did  not  draw  his  sword, 
nor  fii-e  his  pistol." 

L.  C.  J.  Did  you  ask  him  about  any  blow, 
or  provocation  ufivtn  ? 

Pctcjs.  I  a-ki»d  him,  to  which  he  said,  "  lie 
did  not  design  to  touch  a  hair  of  thefr  heads." 

J-..  C.  J.  I  must  coi.fcs*;,  for  my  prirl,  1  am 
not  cntirt'iy  snlisficd:  Mr.  IVlns  at  his  first 
coming  exainin's  him,  ainlaf'i^r  ili^t  ho  ('(^urs 
to  liini  a  second  time,  ami  then  h-  U  »xnn!ined 
in  the  presence  of  two  ju-?tices  of  the  peace, 
and  hy  their  aulliority  ;  and  he  sovstiu'  inlunt 
of  that  was  to  perftct  the  first  txr»!nin?.!inn  ; 
and  beintj  socxannned  a  si.Tond  liuio,  his  r\a- 
mination  is  takon  in  wilting;  wlu'lljor  rr  no 
the  first  and  second  do  not  make  an  entire  exa- 
mination,  and  so  that  ym  cannot  pn»d»u'f  the 
fnvst  without  tho  seroi'.d  ;  1  ujake  no  dfMibt 
it  nii;;ht  he  prodncrd,  if  tlierc  Ind  not  lieen  u 
second;  hut  hi'  that  t  xaniinrs  liini  fir-.t,  exa- 
mines him  afterwards  a  second  iImv,  in  (»«ler 
to  j)erfect  that  examinution  yuud  when  he  doth 

D 


8  GEORGE  I.       Trktt  of  Hugh  Reason  and  Robert  Tranter,       [S8 

mioation.  Now,  really,  when  all  this  is  done^ 
the  examination  of  him  before  the  justice,  tdcen 
in  writing  by  the  san)e  person  that  enquired 
of  him  before,  and  all  this  done  in  order  to  per- 
fect and  consummate  the  examination,  whether 
jrou  will  not  take  them  both  together  as  one  en*- 
tire  account  gi?en  by  the  dec^sed  ?  He  gives 
the  account,  he  gives  it  as  true  in  the  presence 
of  the  justice  ;  they  were  not  present  the  first 
time,  but  the  same  person  that  asked  him  the 
first  time,  iie  asks  him  when  the  justices  wera 
there,  if  what  he  said  before  was  true,  and  on 
that  an  account  is  taken  in  wnting :  now  apon 
this,  wiienthereisan  examination  in  writing  in- 
the  presence  of  the  same  person,  and  «  hen  they 
give  you  no  reasonable  excuse  why  they  Jo 
not  produce  it,  there  ought  to  be  the  less  cre- 
dit given  to  them. 

Just.  £yrf.  1  think  there  is  the  less  credit 
given,  because  the  examination  is  not  pnMlucedg 
however  it  is  evidence. 

Just.  PowU.  If  they  were  both  of  equal  vali- 
dity  you  say  something,  but  it  is  confessed  on 
all  hands,  that  the  second  examination  wm 
more  solemn  and  valid,  because  two  justices  of 
the  fieace  were  prevent,  and  there  was  the  awe 
of  magistracy  over  the  person ;  and  the  second 
examiuation  relates  to  the  first. 

Just  Fortcsctie.   It  is  a  hard  case  on  the 

Erisoners  at  the  bar ;  it  is  the  confession  of  Hr« 
iUtterell,  and  if  they  had  that  in  evidence, 
they  might  be  compared  togetlier;  but  they 
not  having  that,  I  own,  as  to  point  of  law,  they 
cannot  give  it  in  evidence :  it  b  a  great  hard- 
ship, but  where  it  lies  1  cannot  tell ;  I  think  it 
ought  to  be  censured  in  a  proper  time.  The 
most  material  of  what  is  said  by  word  of  month 
is  detained  from  us,  and  not  produced  ;  but  I 
think  we  should  allow  what  was  said  at  other 
times  to  be  given  in  evidence,  because  the  first 
is  no  examination,  because  no  justice  of  peace 
then  present ;  so  that  the  examination  standf 
distinctly  by  itself,  and  that  evidence  is  to  be 
laid  aside  and  not  produced  ;  but  shall  we  not 
allow  that  to  be  evidence  which  he  said  at  other 
times,  because  he  had  an  examination  taken  in 
writing  ?  Therefore  we  shall  hear  no  other 
evidence,  thef  first  was  no  examination,  only 
what  Mr.  Peters  will  take  upon  him  to  say 
passed  between  them. 

X.  C.  J.  Go  on  with  your  evidence, 
llr.  Uungerjord,  There  can  be  no  doubt  of 
the  third  declaration ;  mv  lord,  the  third  exa- 
mination was  certainly  the  most  honest  exa« 
mination ;  as  to  the  second  examination,  it  had 
the  solemnity  of  two  justices  of  the  peace,  one 
happens  to  oe  deaf,  the  other  to  be  absent ; 
whether  what  a  man  says  just  an  he  is  going  to 
die,  and  on  his  receiving  the  holy  sacramenti 
is  not  to  be  regarded  ? 

Just  Ej/re,  He  should  distinguish  between 
what  passed  in  the  first  discourse,  without  any 
rtprh  to  what  is  contained  in  the  second  exa^ 


S3] 

it,  it  IS  reduced  into  writing:  to  me  it  seems  a 
matter  of  great  consequence,  if  the  first  is  al- 
lowed without  producing  the  second. 

Ju^t.  Ejfre,  It  cannot  properly  be  called  an 
examination. 

Mr.  Hungerford.  The  first  time  he  exa- 
mined him  as  a  christian,  as  a  minister ;  as  to 
Ihe  second  examination,  Mr.  Peters  had  no 
more  to  do  in  it  than  a  justice's  clerk. 

£.  C.  J.  The  examiuation  uken  before  the 
justice,  was  to  confirm  the  former  examination, 
and  upon  that  examination  all  was  reduced  into 
writing. 

Just.  Eyre,  That  which  is  set  down  in  writ- 
ing if  it  be  an  examination  taken  in  writing,  of  a 
pnsoner  before  ajustice  of  the  fieace,  you  cannot 
give  evidence  of  that  examination  viva  voce, 
unless  the  examination  be  lost;  but  what  de- 
claration or  coni'ession  was  made  at  any  other 
time,  may  be  given  in  evidence ;  the  particu- 
lar exaiuinatiou  of  what  he  said  before  the  jus- 
tices, and  was  reduced  into  writing,  cannot  be 
proved  but  by  that  writing ;  but  as  to  what  he 
said  at  any  other  time,  the  first  and  third  time, 
and  not  l)efore  the  magistrates,  that  may  be 
given  in  evidence. 

Just.  PowU.  The  great  matter  I  observe  is, 
that  Mr.  Peters  did  say,  he  did  look  upon  the 
second  examination  to  perfect  the  first,  the  first 
was  not  so  perfect,  and  then  it  was  to  be  ascer- 
tained by  a  second,  and  which  they  not  caring 
to  trust  to  their  memory  put  into  writing  ;  that 
writing  indeed  the  justice  of  peace  hatn ;  it  is 
not  produced,  but  if  it  be  agreed  that  it  was  put 
into  writing,  and  after  it  was  reduced  into  writ- 
ing, it  seemed  to  be  all  of  a  piece,  so  as  plainly 
to  relate  to  what  was  done  the  time  before,  how 
will  they  ascertain  the  whole,  but  by  producing 
the  writing  ?  Then  this  writing  caunot  be  seen, 
tliejustice  of  peace  hath  it,  and  doth  not  come 
here  to  produce  it. 

Just  El/re,  I  do  not  know  how  to  call  this 
perfecting  the  former  examination,  Tou  cannot 
call  the  discourse  between  him  and  Mr.  Peters, 
an  examination,  when  there  was  no  justice  of 
peace  present ;  it  is  not  an  examination  what 
passed  between  Mr.  Peters  and  this  gentleman. 
It  is  always  taken  so  at  die  Old  HaiTey,  where 
evidence  is  allowed  to  be  given  viva  voce^  of 
what  was  said  by  people  at  other  times  besides 
the  time  of  examination. 

Just  Powii.  What  doth  Mr.  Petenmean  by 
peHectiug  the  examination  ? 
Peters.    I  beg  your  pardon,  it  was  not  my 


'  L.C.J.  Not  to  differ  about  words,  whether 
this  is  an  examination  before  the  minister,  when 
the  justices  of  peace  was  not  there ;  it  is  very 
likely  this  minister  came  to  enquire  of  this  gen- 
deman  alwut  the  circumstances  of  his  death  : 
after  that,  the  same  gentleman  is  present  when 
the  justices  of  peace  come ;  thereupon  the  jus- 
tices of  peace  desire  him  to  take  it  in  writing ; 
be  asks  the  same  ouesfions  as  be  did  before, 
and  they  are  taken  m  writing ;  be  lakaa  it,  de< 
iigning  to  make  the  firrt  en  ' 
tlMtttie  to  cbarije  Ibe  penen 


Mr.  Regte,  Hr.  Peters,  yon  hear  the  opi*' 
BkM  of  the  Court,  that  what  paMK*d  at  the  wrfl^ 
byef  lUe  payer  yov  vanst  not  lake  any  aotioe' 


fir  iAe  Murder  of  Edward  LuUtreU^  esq.  A.  D,  1722L 


iC  ^  i^re  an  aocoant  of  wbat  passed  at  any 

'      ' '  '     '  'ip  before,  I  was 

:  time,  ^lieti  I 
•  Mtier  I  hrt<J  ittlked 
im  in  mind  ofifeaih, 
'"  '  ■"  tar  Ue  lia'J  been 
iry  to  bring^  tliis 
.,.:  .anl,  **  As  lie  was 
'I  to  be  jtuJtjf'l  at  tlu^ 
Ijim  barbarous*!),"*     I 
o^Hiii  at  tbo  rccjiiest  ofMr, 
nrul  tbe  taM  lime  I  came  to 
il  ibc  «iacramcnL 
'  rs,   I  dpfsire  you  to  consi- 
^sk  him  \vbether 

i^r 


ttilc  him  if  be  had  g'iven 

^  I  K  li  be  answered,  **  Oe 
ration, 

i    ubo  giiTe  the  6r8t 
^^,  i  ij,A  not* 
Yo^u  see  the  wound ;  did  be 

u),  it  appears  one  of  the 

u  the  hoiid,  aud  it  is  pro< 

rsoQ  ill  at  diicharged  that 

li«  avsured  me»  *'  lie  fired 

1  "4 ;    he  tieilber  drew  bis 

jtfof  tbepistob.^* 

tu  3 on  bod  this  discourse  with 

luce  itiulo  writings? 

i.    ^>  bill  1  reduced  into  wriiingf,  waa 

\y  dr|90i»itii)fi,  wbicb   I   writ  wtili  my 

vi  which    Mr,  Jiislice   Hwrper 

um  to,  and  1  Ijeliefe  he  hath  it  iu  his 

L,C.J.  Here  i\m  gentteman  b  allowed  to 
^f  an  aoccniut  of  what  discourse  passed  be* 
^fmm  biia  and  Mr*  Luttefeli  tite  first  time ;  the 
^Aet  of  pc«i3e  caonot  be  allowed  Co  give  an 
•aaova  ■(  what  it  itaid  at  \m  other  examtna- 
ia^  W-*^rja^  Tl  waa  reduced  into  writing,  aad 
ttsi  '  1  not  be  produced. 

%'  i  begyou  would  (jirean  account 

vW*i  i^c  ciatd  alany  oUiertime,  when  this  paper 
» ooc  wriiltfD ?   wh#-n  you  talked  wirli  him 
V  ho  said,  "  Ttie  bai* 
CM'  ipr  him  without  any 

ihiii  fit  Kill),  <'  Uf  fj^\  e  them  no 
j"  mad  whojj  \ou  aski  t|  him  about 
iWaMi  tKat  ooc  of  Uie'  bmliHs  bad,  he  said, 
"^b  fiiTil  oeilber  of  Ihu  pUtolii,  nor  drew  tirs 
•■tl;*^  I  4iiire  to  isnow  at  any  other  tin^e, 
i^i^cr  llMflr  waa  any  itnuLr  muteri;}!  pas!ii?d 
ia»tM  jtiq  St  any  other  time  ihuti  at  that 
^a^boa  tlie  |iaii«'  was  wrote;  Cao  you  re- 

LiXJ,  Yo^  tTiaeounied  him  three  limes, 
Ai  %ai  fou  Jiare  tpvcti  ^  iccoutit  of«  the  se- 
iH4  tin«  tt  waa  reduced  into  wlttlrl^^  thnt 
I  Vi^^i  do<h  nnrt  appear  ;  what  passed  the  tlitrd 


mill  again f 


Iptii^  to  r6eeif a  the  holj 
1  iP^HE^  of  ium  to  coQiidior  wbe* 


ther  what  he  had  said  was  true:  be  aaid 
**  Every  article  he  had  said,  as  he  was  a  tlyiu^ 
man,  and  as  he  hoped  to  receive  btneiit  by  the 
sacrameol,  every  thing  lie  liad  said,  was  »lrictly 
true/' 

Mr*  Ueeve,  We  shall  trotihle  your  lordship 
with  one  evidence  more,  tliat  19  the  fiurireoti, 
who  will  give  you  ao  account  of  his  wounds. 

Mr.  Spar  ham  sworn. 

Mr.  Hecve.  I  think  you  was  sent  for  as  a 
surgeon ;  gire  an  account  in  what  condition 
you  found  the  deceased,  how  many  wounds, 
and  of  what  nature  ? 

Sparham,  1  found  hitn  lahounucf  with  a 
wound  under  the  rig^ht  psip  with  a  shot ;  upoa 
this  1  examined  him,  and  pu(lioi(  him  into  a 
proper  poslui-e,  found  several  other  wounds  : 
one  near  the  hver,  the  lower  part  of  the  eighth 
rib,  near  the  Imck-bone  ;  several  <»ther  wounds 
with  a  aword^  three  or  four  on  his  bttly^  Upon 
opening  of  his  body  I  found  that  the  wound 
with  the  bullet  bad  penetrated  about  nioeihchea 
towards  the  back,  wliich  wound  was  mortal, 
the  6rst  to  be  of  the  lun«ri^  having  a  hole 
through,  and  the  second  to  be  torn,  and  the 
diapbrag^ma  wounded :  J  found  one  other 
wound  with  a  sword  near  the  i^ighlb  hb^  threa 
inchesandahalfbroad,  penetrating  the  thoraX, 
and  wounding  the  diaphra^mn,  which  wai 
also  mortal :  I  found  eight  other  wounds  with 
a  sword  about  a  quarter  M^  an  inch  wiile  each, 
and  a  quarter  of  an  inch  deep,  one  near  tha 
left  pap,  four  others  on  the  rii,'ht  siile  of  tha 
belly,  two  more  on  each  side  the  Uack  bone. 

Mr.  Heeve,  So  you  lofiked  upon  two  of  tha 
wounds  to  be  mortj,  one  whereof  was  with  tha 
pi  &  to  I -shot. 

Sparham.  Yes;  f  saw  two  leaden  piecea 
taken  out  of  his  bod  y. 

Mr.  Slrtiuge,  Vtho  attended  at  the  sama 
timef — Sparhtim.  Mr.  Giffonl. 

Mr.  Strange,  Did  he  or  you  take  out  tht^ia 
bullets? 

Spnrham.  We  both  took  them  out,  I  think. 

Mr.  Heevt,  My  lord,  we  have  done. 

L,C,J.  Wh.it  say  Uie  prisoners?  Tht 
counsel  for  the  king  have  called  w  hat  witnesses 
I  hey  thiuk  proper,  it  is  now  your  time  toan^ 
awer  for  yourselve*. 

Reagan.  If  your  lordship  please,  we  ar* 
rested  the  ifentleman  in  Surry  *atrtct,  and  ha 
desired  me  to  ^o  to  his  lodging;  when  wa 
came  there,  h«  said  he  woidd  pay  the  monev  ; 
Bays  he,  **  Go  and  aee  for  tlie  attorney,  and  I 
will  pay  tlie  money  ;**  ujwn  that  Tranter  w  enl 
to  the  iitloroey  for  his  bill ;  I  went  up  stairs 
with  the  gentleman  into  the  diuingroom; 
when  became  up,  savs  he,  **  My  dear,  I  am 
arresteil,  it  is  tor  Mr.  ^os's  bill.*"  He  began 
to  look  a  little  angry  :  with  that  he  went  to  hia 
scrulore  aud  took  ^methinf^  out  of  it,  a  kev^ 
and  he  went  up  status  and  fetched  his  ptatoui| 
aud  when  he  came  dowit  again,  lie  clapj^  una 
to  inv  breast,  and  ihrcateneil  to  shoot  me  ;    J 

room: 


4 


uqirtaed 


\  lady 


witb  liiai  1  gtft  bioi  good  words  &  says  h«i 


39] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter^       [40 


<t  Sirrah,  f  will  let  you  life  a  little  till  your 
partner  comes  back,  and  then  I  will  send  all 
3'our  souls  to  hcU  tuf^etlier :"  then  the  foot- boy 
came  back  and  said,  the  gentleman  was  com- 
ing ;  be  ordered  the  boy  out  of  the  ro«m,  and 


Lucas.  I  was  opposite  to  the  captain's  lodg- 
ing in  Surrey -street,  in  a  room  up  two  pair  of 
stairs ,  and  1  lieard  a  pistol  go  off,  upon  that  1 
went  to  the  window,  and  I  saw  a  lusty  fat  man 
take  a  pistol  out  of  the  window  in  the  captain's 


one  knocked  at  the  dimr ;   when  the  boy  was  I  lodging  up  one  pair  of  stairs,  and  let  ii  off  to< 


cone,  he  clappctl  his  pistols,  one  on  one  side  of 
Lis  bosom,  and  the  other  on  the  other,  and  my 

Eartiier  came,  and  when  he  came  into  the  room 
e  gave  him  a  blow  over  the  head  ;    with  that 
he  I'losfil  in  with  him,  and  then  one  of  the 

Sistols  went  oft*  and  wounded  him ;  then  he 
rew  his  swonl,  and  I  drew  mine,  and  then  the 
other  pistol  went  off,  which  was  the  oocasion 
of  his  death. 

L.  C.  J.  Have  you  any  witnesses  f 

Mr.  Tloine  sworn. 

Th;in€,  My  lord,  I  was  employed  by  the 
plaintiff,  Mr.  Carr,  to  take  out  a  writ  aurainst 
Mr.  Lutterell,  on  an  indorseil  note  ;  I  did  take 
out  a  writ  and  gave  it  to  Mr.  Reason,  and  he 
got  the  warrant  upon  it,  and  allerwards  came 
to  me,  and  desired  to  know  \%\\vre  Mr.  Lutte- 
rell was  to  bo  found,  and  that  1  would  describe 
him  to  him,  whether  younir  or  old,  &c.  ?  I  told 
luin  where  to  go,  and  descrilknl  him  to  them  ; 
then  they  wi^nt  and  arrested  him,  and  after  he 
was  arr«»led  Tranter  came  to  me,  and  told  me 
the  next  morning,  they  had  taken  the  captain  : 
they  said  they  took  huu  at  the  lower  end  of 
Surrey  street,  and  that  he  was  very  angry,  and 
said  they  had  not  used  him  civilly. 

L.  C*J.  What  Tranter  said,  is  not  eri<lence. 

Tuitie.  I  know  no  more,  my  lurtl ;  Tranter 
came  to  mo  for  the  bill,  and  I  gave  him  a  bill 
of  the  (Ubt  and  charges. 

JL.  C.  J.  Did  you  ^ivc  the  bill  of  the  debt 
and  cliarjjes  to  'IVanter  f 

Tu  iue.  1  did  ;  ho  told  me  thev  had  just  taken 
the  iMptain,  and  then  I  gave  itliim  ;  the  bill  of 
clmn:es  was  1/.  135. 

BIr.  n.iif  sworn.     The  warrant  shewn  to  him. 

Tiirs.  This  is  the  warrant  made  out  upon 
the  bill  of  IMi.I.lJost^x,  at  the  bui!  of  Mr.  Carr, 
to  arrest  the  d«rcask'd.  [The  warrant  read, 
and  aI>o  the  bill  of  Middlesex  produced  and 
read.] 

Nr.  llu-kman  sworn,  and  the  warrant  shewn  to 
him. 

IIick*nan.  Tliis  I  know  to  be  my  hand,  I 
made  oui  this  warrant  all  of  it. 

]Mr.  Hutii:trfWJ.  1  would  hunibly  ofiVr  it  to 
vour  lordsliib's  observu lion,  hero  is' a  fact  we 

have  omitted  to  pn>ve;    hvre  is  a  witness  in    .- 

court,  one  Lucas,  can  prove  that  Reason  shot  1  c«l.''     (  was  there  airain,  when  Jlr.  Peten 
off  the  pistol.  j  iri^xc  him  the  saorament.  when  he  wuk  ask«d 

X.  r.  J.     It  is  irresrulnr  ;  hut  aUlioucrh  you  i  ihr  same  quiH^iion  ;   he  then  answetvd,  '*  Hm 
have  otiiiitetl  it.  and  come  oni  of  time.  I  would  '  nciiher  did  the  one  or  the  oihi  r.*'     In  the  afto^ 
have  the  w  hole  fact,  and  if  my  brothers  please;  ni««tn  .Mr.  Kvat  and  1  went  togtrther.  be  was 
:•!  1  ^j^^^^  .^  ^  ^1^^  state.  serme«l  rra»onabIe,  and  wm 

a^ked  him,  "  i^r,  \ou  can  give  some  acroqat 
of  this  matter,  vouriwon  and  judgmenii 


wards  the  (ire- side. 

Mr.  Strange,    Do  3'ou  know  Mr.  Lutterell  f 

Lucas.  Yes. 

Mr.  Strange.  Can  you  take  upon  you  to  say 
it  was  not  Mr.  Lutterell  ? 

Lucas.  Yes,  I  am  sure  it  was  not  he. 

L.  C.  J.  When  you  saw  a  lusty  fat  man  take 
a  pistol  off  from  the  window,  and  discharge  it, 
was  any  body  by  him  at  that  time  ? 

Lucas.  Nobody  that  I  saw. 

L.  C.  J.  What  sort  of  man  was  Mr.  Lutterdlf 

Lucas.  He  was  a  little  roan. 

One  of  the  Jury.  Was  tliere  any  light  in 
that  room  to  distinguish  one  man  from  ano« 
ther? 

L.  C.  J.  What  she  said  was,  she  saw  a  luity 
fat  man  come  to  the  window,  and  take  up  a 
iiistol,  and  dischai^  it,  and  that  she  saw  no- 
body else  at  the  w  indow. 

Mr.  Hungerford.  The  coroner's  inquest 
came  into  this  room,  and  was  satisfied,  that 
from  thence  she  might  see  into  this  window. 

Mr.  afford  the  surgeon  sworn. 

afford.  On  Tuesday  the  17th  of  October 
last,  about  ten  or  eleven  o'clock,  1  was  sent  for 
to  a  ircntleman,  Mr.  Lutterell :  when  I  came 
to  him,  I  found  him  sitting  on  a  chair,  and  he 
leaned  back  with  his  shirt  and  clothes  rery 
bloody  ;  Mr.  Sparham  was  with  him,  in  ordor 
tu  look  to  his  wound  ;  we  put  him  to  bed,  we 
found  a  wound  about  an  inch  below  the  right 
pap,  by  gun  or  pistol  iihot,  and  we  dreasee  it, 
iind  all  the  other  wounds  we  could  find ;  I  went 
into  the  parlour,  and  there  were  the  two  priso« 
ners  at  tiie  bar ;  1  was  told  one  of  them  wai 
wounded  ;  u|Hin  that  I  went  to  examine  into  it : 
upon  cominir  into  the  |tarlour  1  examined  Tran- 
ter, and  then'  1  found  t%vn  pieces  of  balls  which 
were  Iodised  in  his  hand ;  we  extracted  the 
bulls ;  I  found  a  small  w  nund  in  bis  wrist,  and 
a  razure  on  his  head ;  that  was  a  small  woand 
w hirh  was  on  the  wrist ;  it  seemed  to  be  from 
a  prick,  something  that  had  entered  the  akin. 
Then  I  went  to  .Mr  Lutiertll  again,  as  he  was 
in  a  !;t)od  state  of  sense :  I  asked  >lr.  Lutterell, 
"  W  hetlitr  he  had  tire«l  a  pistol  ?'*  I  asked  him 
several  times  ;  he  dt- nieil  it  a  tins,  second  and 
thinl  time,  and  he  used  this  expression,  "  I  caQ 
God  to  witness,  i  neither  fired  a  pistol,  nor 
drew  mv  sword,  but  was  barbarouslf  murder- 


we  will  hear  it. 

Constance  Lucas  swore. 

Mrs.^  LiMM^  what  do  yea 


BIr.  HuRgerfard. 
kwwrof^-  -' -  ^ 


atraog;    1 
ikei&toh 


I  have  heard  thai  yoa  fetched  dowa 


hetoUve,«*Uehad.biit 


A.  D*  1725. 


he  would  not  be 
toif^iog*/'     1  iiskeil  biro,  **  If 
u>  i%eo:"   be  8n|d,  "Thej? 

Ill  le  lnntftm«fc,  flitch  in- 

U»  jtfiikr  iiue  or  iheni  ;  upon  that 
Art  wifiliif^lr  Bcixcii  htm,  the  luiit y  uiun 
M*»t  lifii  vitl  drcff  his  sword  i  he  tumbled 
4iP«,  tBii  hm  •U^ibcd  bitn  ;  he  often  ^nej^i^ed 
Iktm  In  i|«rc  him  lite  ;  the  other  said,  Dtimo 
litt%4i^  ya  own  Bword  ond  «tab  him.'*  nir. 
LiHttAiiiger  aoJ  thumb  were  cut^  as  if  it 
^mwdk^^wmpkxi^  of  a  Kwoni.  Tben  be  iiaiil, 
**1W  Mrr  niAfi  look  a  (li&tid  aod  clappi^d  it 
dbrlihift  fanaist^  sind  shot  him  in  tht^  Ijody, 
lovty  axon  h«!d  the  other  pistol  to  his 
"  *  H  off;**  v^hicb  I  the  ruber  be- 
[hiumi  be  lud  some  ^lowder  spots  or 
t  m  liM  f»ce. 

lie  owned  to  you  th&t  he  struck  one 

Ye*  ;  bat  tl  was  apoo  your  giving 

Wiieo  yoa  ftskcil  him  ibont  brrng'- 
I  tiie  piston,  and  ttpoii  wh&t  accouotf 
be? 

019  ar!  I       T   V^ed  he  brooffht  dowu 
Imk  ^^  litnteDt;    but  as  he 

to  p^j  "i=  .i^L4S,  be  was  not  wil- 
*  oat  of  his  lodjjuig,  and  be  ex- 
Mr,  B&nner  twm-n. 

My  lord,  jo«it  115  Mr.  Lutterell  was 

'  Oittie  up  HtAtrN,  ftod  linked  hiiUf  if 

■IIm  p*t«tol ;    he  disowned  it,  aiid 

l»o  design  to  dutbem  any  barm^ 

*mn^  u  e^  but,'*  BHid  he,  "llu'y 

:id  cruelly." 

&wp«,     Afier  tUiit  he  hod  declared  to  you 

hn  km  ba4  no  design  to  make  any  resijtiiuce, 

*mi  lio'iiDwrd  f 

^^atr,  Uhea  I  cameotitof  the  room f  says 

.Giibrd  l«  loe,  *'  Mr.  Bonner,  Mr,  Tranler 

\  \m  tb#  bJind  ;    it  is  cerifiin  Mr,  Lutterel) 

t  hmm  in  thr  band  ;  therdore  lt?t  nt  ^rn  buck 

l«ak  him;'*    we  weot  and  a^kt-d  biui  both 

€m>^m4  h*  •^if.  **  Nm.  ah  ImhI  slcnild  judjtre 

,bf4i!  tl  of  doing 

B  Oil   L  I  tbem  aie- 

.'-      Hi:  «poke  luwiiidly  nnd  ni^cfmed 

ami  •frstntt  ivp  wuutd  leare  hifiK 

I*lr«  notice  that  my  nart* 

\m  ih,  ul. 

,  lijr  lord,  1  Uiivt  lott  the  uteof  my 

^'Uke  the  aurgeoo  bwoto. 

Alj  lonl,  M-    r *rr  waa  wounded 

'    of  ibe  ».  nod  in  his  UiX 

-*»  ^'"  '    ^  !iil  uottdce 

his  head  T 

I  cane. 
ii  or  a  iiruiHe  ? 
kt0  WA«  broke.    Mr. 
i  ktd  m  &ii4li>  wiioiid  ill  ona  of  hia  ^igera^ 


[it 

whicb  seemed  to  ht  done  with  the  point  of  a 
sword. 

Thom<is  Hargrove  called  again* 

L.  C.  J,  Hark  you,  young  mao,  hear  the 
qaeslioOf  and  coDstder  well ;  iipcm  your  former 
examination  you  K!iy»  wheu  Trunter  knocked 
nt  the  door,  you  went  down  to  let  him  iu  ;  that 
Tranter  made  up  to  the  dining-room,  and  you 
followed  bim  ;  you  heard  a  Uttle  buKtIe  befonc 
yim  came  in ;  but  the  first  thing  you  saw, 
when  you  came,  was  Tranter  runnmg  your 
m:i^ter  agiiinst  the  cloiiet  door^  and  Reasioa 
pricking  him  wilh  a  sword:  I  ask  you  thi* 
rjue^itiou,  wlietbi-r  or  no,  when  you  was  going 
u|)  stairs  after  Tranter,  before  you  entered  the 
room,  you  did  niit  hear  a  blow  r 

Hargrtive,  1  beard  a  blow,  but  did  not  know 
who  struck  it. 

Just.  Etfre.  Did  you  see  to  whom  the  blow 
was  given  ? 

Harerave,    No,  J  saw  nothing  at  all  of  it. 

L,  C.  J:  The  reason  of  my  calling  bira  again, 
was  to  be  ^^atisified  as  to  this  particular  j  lor  the 
coroner  inrorms  me,  that  betore  him,  he  bad 
stTore  to  the  ^ame  effect ;  be  answered  hastily 
before,  but  1  bcliefe  not  with  any  design ;  he 
said  hf  did  nut  ht^ar  any  blow,  his  nieaniog 
then  might  be,  though  he  did  hear  a  blow,  yet 
not  seeing  who  t;ave  it,  tlierefore  he  thought  it 
not  material ;  f  did  not  heUe? e  he  did  it  with 
any  dt^sign. 

L  C.  X  Have  you  any  other  witnesses? 

Rtaton.  My  lord,  we  had  none  hut  ourselreSp 
we  are  officers  of  the  Court  -,  lie  assaulted  us, 
and  hnjught  down  his  pistols  and  slock  theQUO 
his  bosom. 

L  C.  X  Did  he  not  afler wards  take  them 
out  and  lay  them  on  the  table  ? 

ReaiOH,    No,  my  lord. 

Tranter,  While  J  was  gone,  I  did  not  kno%r 
whfit  bapi^ened,  hiit  vthen  I  came  back,  the  mi- 
nute I  entered  the  room  be  struck  me  over  the 
head  with  his  cane,  and  the  pistol  weatoff",  and 
shot  me  in  the  haud« 

The  clothes  were  protluced,  and  by  the  hole 

in  the  waistcoat  it  appeared ^  that  the  wound 
{fiven  by  the  pifitol  uuder  the  right  pap  could 
oo  way  happen  by  any  position  of  the  pi>»tots  in 
thel>u4iomof  the  deceased,  by  the  pistol  going 
off  of  itself. 

Reason,  My  lord,  we  are  officers  of  the 
Court,  and  what  we  did  was  for  our  own  ae* 
curity. 

L,  C\  X  What  says  Tranter  P 

2\an(€r,  My  lord,  we  have  no  more  to  lay* 

Mr.  Reeve.  My  lord,  I  beg  leate  to  observe 
a  few  thitigg  by  w;«y  of  reply.  They  have  en- 
dtriif oured  to  differ  the  case  with  respect  to 
three  (»articulars ;  the  first  jwrtii-ular  is  with 
relation  to  the  blow  girt* n  by  Mr.  Lutterelt  i 
they  siy  Mr.  Lulterell  himscif  being  pressed 
f€ry  much^  did  own  that  he  had  gikcn  owe  of 
the  badilTs  a  blow  on  the  head  ;  there  appeara 
Ueaion  Iu  think  that  to  bo  true,  because  the 
surgeon  says  be  dreaaed  him  of  a  wotiad  re* 


I 


A3]  S  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter,       [44 

X.  C.  /.  Is  ill  languafj^e  a  justification  for 
Mows?  Besides  vou  will  riiusifler,  whether 
there  was  not  ill  ianf^iiage  on  the  other  siJe. 

Mr.  Hungetford.  Mv  lord,  I  will  not  take  up 
much  of  your  lordshipVs  time,  if  your  lordship 
will  spare  nne  a  word  or  two.  Here  is  a  man'f 
life  taken  away  by  two  persons,  that  bad  a 
precept  from  a  court  of  justice  to  arrest,  the 
only  ihiug  thev  bad  to  do,  was  to  secure  tha 
person,  to  make  him  answerable  to  jastioe. 
whether  that  could  not  be  done  without  this 
outrage  ?  Whether  officers  of  justice  may  exe- 
cute their  process  with  so  much  cruelty  P  It 
amounts  to  as  great  premeditated  malice  as  cao 
be  conceived.  There  is  a  malice  contained  in 
cruelty;  I  need  not  mention  the  matter;  k 
hath  Deen  fully  laid  before  you ;  I  shall  only 
mention  a  precedent  or  two ;  one  is  that  of 
Holloway's  case:*  There  was  something  of  a 
provocation ;  but  the  judge  there  in  that  caei 
did  enter  into  the  fact,  whether  the  provecatioo 
was  sufficient  to  justify  the  killing  of  the  bojr. 
The  boy  was  stealing  wood  in  his  park,  and  bad 
a  rope  about  his  middle,  and  as  he  was  up  in  a 
tree,  he  bid  him  come  down  out  of  the  tree,  and 
he  took  hold  of  the  rope  and  dragged  him  so, 
that  he  was  killed ;  and  this  was  not  a  fufll- 
cient   provocation.    Another  case  is  that  of 


eeived  by  a  Mow  with  a  cane ;  we  submit  it, 
whether  that  is  a  sufficient  justification  of  the 
officers  for  what  followed,  to  kill  Mr.  Liitterell 
in  this  manner,  supposiiig  it  to  be  true.  What 
the  boy  says,  he  saw  a&rwards,  immediately 
upon  his  coming  into  the  room,  in  an  instant, 
as  soon  as  he  heard  the  blow,  he  found  Mr. 
Tranter  running  him  up  against  the  wainscot, 
and  th'e  other  bailiff  stabbing  him ;  he  swears 
Mr.  Luttercll  had  then  no  sword  or  stick  in  his 
hand,  so  that  whether  or  no,  after  the  bailiffhad 
received  a  blow  on  his  head,  it  will  be  a  justi- 
fication sufficient  for  the  bailiffs  to  murder 
himP  Another  part  of  the  evidence  is  in  re- 
lation to  the  bringing  down  of  the  pistols ;  I 
beg  leave  to  observe,  my  lord,  he  did  confess 
that  the  pistols  were  brought  down,  but  not 
with  au  mtention  to  do  them  any  prejudice; 
that  he  laid  them  on  the  table;  they  ao  not  pre- 
tend Mr.  Lutterell  fired  either  of  them,  but  in 
the  struQfgle,  the  pistols  were  in  his  breast,  and 
there  they  went  off  of  themselves.  One 
wounded  the  prisoner,  the  other  went  into  his 
own  breast.  As  to  what  is  said  with  relation  to 
the  intention  of  Mr.  Lutterell,  he  did  own  he  did 
threaten  them :  If  he  did,  yet  he  had  no  power 
over  the  pistols,  one  was  on  the  table,  and  the 
other  was  in  the  window,  and  they  say  the 
pistols  were  not  fired  by  any  of  them:  Our 
witness,  the  maid-servant,  just  a  little  before 
the  pistols  were  fired  off,  saw  Mr.  Lutterell  on 
the  ground  ufion  his  back,  and  his  hands  lifled 
up,  and  them  stabbing  him,  and  this  before  any 
one  of  the  pistols  went  off;  there  is  another  wit  • 
ness  swears  expressly,  she  saw  a  fat  man  take 
a  pistol  out  of  the  wmdow,  and  fire  it  towards 
the  chimney :  Mr.  Lutterell  was  not  a  fat  man, 
f  0  it  must  be  somebody  else  that  fired  the  pistol, 
and  not  Mr.  Lutterel^  in  all  probability.  It 
was  Mr.  Reason,  as  to  the  evidence  jg;iven  in 
relation  to  the  clothes,  because  here  is  a  hole 
in  the  waistcoat,  the  pistol  that  was  in  his  breast 
must  go  off  of  itself,  and  make  that  hole.  It 
can  be  no  such  thing,  the  jury  has  seen  the 
clothes,  and  where  the  wound  is  given,  and  in 
what  position  Mr.  Reiison  himself  bath  at- 
tempted to  place  the  pistols,  and  it  is  impossible 
the  pistols  should  ^o  off,  and  give  that  mortal 
wound.  We  submit  it  to  your  lordship's  dis- 
cretion upon  the  whole,  whether  it  is  a  suffi- 
cient justification,  though  they  are  officers  of 
justice,  and  ought  to  be  protected,  yet  suppose 
fuch  a  misbehaviour  where  there  is  no  ne- 
cessity for  it,  they  are  not  to  be  justified. 

L.  C,J»  There  will  be  two  |>oints  in  law; 
the  one  is,  whether  the  officers  are  to  be  jus- 
tified in  what  they  have  doneP  If  they  have 
done  nothing  but  what  was  proper  to  secure 
their  prisoner,  and  their  own  lives  when  they 
were  assaulted,  they  are  not  guilty  of  fekmy ; 
and  if  they  are  guilty  of  felony,  then  of  what 
degree,  whether  of  murderer  roanslatighter. 

Mr.  Reev€,  My  lord,  we  must  ftibmit  it, 
whether  a  man  amking  another  over  the  bead 
U  a  jnatiOcatMNi  lor  bim  immediately  to  kill 
himumai  take  it  with  thii 


and  then  turned  him  out  ofthe  room ;  and  thera 
the  turning  him  out  ofthe  room  was  not  a  snf* 
ficient  provocation,  and  it  is  a  very  justobeer^ 
ration  of  my  lord  chief  justice  Holt ;  whea 
cases  are  attended  with  so  much  cruelty  and 
barbarity  ^as  appears  to  be  here,  here  are  nwm 
wounds,  eight  besides  that  with  the  pistol  oB 
the  same  person,  and  certainly  two  lusty  men 
as  the  prisoners  at  the  bar  are,  might  ha? • 
made  him  answerable  to  justice  without  an/ 
such  barbarous  treatment).  The  observation 
my  lord  chief  justice  Holt  made,  is,  that  dio 
law  should  be  so  construed.  As  to  the  businean 
of  the  clothes,  it  seemed  to  be  absurd  that  tlM 
pistol  went  off,  and  made  that  wound  on  thn 
right  side ;  by  no  poidtion  he  could  put  the 
pistols  in,  could  their  going  off  maJte  that 
wound. 

Mr.  Strange.  My  lord,  I  would  only  oboervw 
two  or  three  things.  If  Mr.  Lutterell,  at  the 
time  they  assaulted  him  with  a  sword,  had  held 
his  pistols  in  bis  hand,  and  their  own  lives  had 
been  in  danger,  the  case  had  been  difierent: 
but  when  he  had  put  the  pistols  out  of  hin 
hand,  and  they  were  between  him  and  Um 
pistols,  so  that  it  was  impossible  for  him  to  &n 
them  any  such  harm  (for  I  do  admit  if  it  w^ 
in  Mr.  Lutterell's  power  at  that  time,  and  he 
bail  shewed  an  intention,  that  if  they  did  not 
kill  him,  he  would  kill  them,  that  might  bH 


^CrokeCharles,131 
108. 


Pahn.545.  iJooo^  ^ 

t^Reilyng's  Reporta.  119.    Holt484.    GMI^ 
in  this  CoUection  at  the  end  of  the  IVialif -V 
CanMgie|A.o.nsa.  ^^ 


t^         Jbr  ihe  Murder  of  Edward  LuHereli^  esq* 


my 


of  a  juBilificauIon),  they  mre  tbe  leis 

m  '*-"-7  --liU  lliejf  did.    As  lo  ihe 

isiiMs  fina^ofifaemsekes, 

v^im  ..i  :i;    i>Qlter#ir«  bo«omt  and  so 

Mikh  wiiood.  il  teems  to  he  ttnpo9»ible  it 
lff«n.  auil  iliat   lhi!(   num  be  a  wound 
n  y  at  lurn. 
you  bitve  reail  that  ca^e 

t  ruber,  lliere  a  blow  15  11 
jUiU  j1   a  Wow  be  first  given,  il  will 

« ihotigU  draib  do  ensue  upon  i(. 

G«iitl4inien  (>t  itie  jtiry,  the  prisouers 

'«  Qo^li  li«sson  and  ICobert  Ti  anter, 

kf  liic  cofoner*»  inquest,  and  by 

With  tlie  ttiurder  of  Mr.  Lui- 

;  fSmj  9uy  ihey  sre  do!  guiUy  of  ibis 

«kAs;   Add  uUetber  they  sire  g'uiUy  or  not 

M  rmr  btioita*  10  eoquire,  and  reeei?e  satisfuc- 

l«  ^    la  uiiier  lo  prove  them  E^uilty,  tbcy 

aeveird    witnesses  for  the   king^. 

Tbciftisii  lIur^THve,  who  it  seems 

•  sTTSAl  U)   Mr.  Lutierell;    he  tells  you, 

.  TocadAj^t  ^u^  b^  <^^^^  n^^  remeiuber 

^mJi,  «r  fbe  dny  nf  the  month,  but  it 

iiMs  mi.  frotta    '  1    ivitnesses,  that  it 

iv  1^  ITib  dny  r,  ho  says  his  master 

•»  f«mc  dtjwn    1 J   ilkv  i^  aier-side  in  order  to 

H^k^  fvr  a  M  ems  be  lodged  in  Surry-street, 

4  httle  man  ran  after  bim,  and 

tm   the  bnrk.     He  did  not  then 

t7ixt  now  invs  bis  uatoe  is  Tranter ; 

•%ikis  tuact^r  toUf  Imn,  he  would  pay  the 

Be  did  t^^*»  •  ■-  tfir  etidence  he  gave, 

Aw  did   r<  r  that  he  desired 

^fvitnht:..  <>t  Sk'' desired  them 

\P  ^nS   him    to  r.      But  the 

lkr>u^*l»',  thf4  •  isonable;   then 

U  bi  savf,  ihut  with  much  pciiuasion  , 

iM  tvitli    rtvTv  In   rurry  him  hack  to 

;r8  did  carry 

l«f  he  says,  his 

Mf^kUuii,  hv  t\.,  1  ;  when 

fftsira  his  oiOi-t.  d  of  the 

WMM  with  hmi,  UiL  IdL  man,  which 

(for  TmatLT  \«raii  ^^uUf  to  ifct  a  bill  of 

th#  ilfAfm'  '  !rd  of  the 

t  !tew  him 

said.  Ill  i<iMiv  nu:  warrant  in 

wmnim  tlirn^  it  oti  the  ground, 

>  ^^,1  *sr„..vM<ti,  he  should 


J' 

U  it,     fletelts 

11 

ly  knocked  at 

•1  n  to  open  the 

r,  find  he  rau 

i^> 

^•'d  him. 

W* 

ji J  before 

at,  he  itid  hear  the 

♦'fly  fhf*  Jad  giving 

ES 

Hidvring, 

IfL' 

;   but  on 

In 

heard  a 

■  W 

ng-room. 

Vbtn  I 

ig*niotn, 

mdgwt 

aod  was 

-   I...,.  . 

, — ;  ,  .^  T.iM^iov,  and  that 

»«r»rd  drawn  and  wis  striking 

D,  1729. 


at  him  with  his  ivdord  ;  and  he  says,  tm  he  was 

preparing  himself  to  make  anotlier  thrust,  Im 
look  hold  of  tiis  sword -arm,  and  prevented  that^ 
aod  Heason  with  some  passion  ssidi  *^  Damn 
you,  get  you  out  of  the  roam,  or  ebe  you  shall 
die  before  your  master,"  With  that  the  boj 
went  out  of  the  room,  and  went  donu  stairs 
aod  cried  out  fire  and  murder,  iu  order  to  atarm 
the  neighbourhood  ;  be  tells  you  while  he  was 
there  he  heard  a  pistol  go  off,  and  btixit^i  lt% 
could  ?et  up  stairs  he  heard  another  pistol  go 
off;  this  is  the  evidence  given  by  Margrave. 
They  have  called  another  witness,  Hester 
Gerrard ;  she  says  she  heard  her  master  ga 
out  in  the  morning,  and  a  little  time  after 
she  heard  him  return  a^ain,  and  there  came 
with  him  Reason  one  ot  the  prisoners  at  th» 
bar.  ObscrvtDg  this,  that  her  roaster  came  ia 
so  short  a  time  after  he  went  out,  she  bad 
the  curiosity  to  hearken  what  the  meaning 
or  occasion  of  her  master^s  retarnlng  so  soon 
was  ;  she  says  she  heard  her  master  talking 
of  an  arrest,  and  he  seemed  to  be  in  a  passion 
with  the  bailiff  that  was  with  him,  and  said 
he  had  not  used  him  well,  but  ilTf>nfd  \i%vm 
giTen  him  notice  before  he  an  'r« 

street ;   she  says,  slii  withdrtv  ,^ 

her  mistresses  bed«ehamfaer,  which  \«eie  near 
the  room  where  they  were,  and  in  a  little  time 
she  beard  her  master  go  tt[vjiiair8|  aod  in  a 
short  time  afler  return  a^ain;  with  that,  sh« 
had  the  curiosity  to  go  in,  and  sec  what  was 
llie  matter  ;  her  mistress  being  big  with  isliild 
she  was  therefore  more  curious  than  oriltnary 

10  prevent  the  misfortune  falling  on  her  mis- 
tress ;  she  found  her  master  Vith  two  ptuiule 
in  his  hand,  he  stuck  one  of  the  pistoN  on  one 
side,  and  the  other  on  the  other  siJe  iu  his  coat  j 
she  says,  she  admonished  her  master,  and  de< 
sired  him  to  consider  the  condition  of  her  mis- 
tress, and  not  to  do  any  thing  to  fright  her; 
up<m  tlmt  be  said  the  bailiffs  had  affronted  him, 
and  abused  him,  and  called  him  M inter,  how« 
ever  he  did  not  design  to  do  them  any  harm 
with  the  pistols,  and  her  master,  at  her  desire, 
laid  down  the  pistols  on  the  table ;  with  that 
she  went  out  of  the  room  ;  but  soon  aAer  hear- 
ing a  great  noise  she  came  into  the  room  again^ 
aofl  found  her  master  on  his  brick  on  the  floor» 
and  the  bailiffs  stabbing  him  :  she  says  she 
went  out  with  an  intent  to  give  notice  of  it  to  the 

11  ci^^h  hour  hood,  and  that  she  cried  out  murder; 
that  while  she  wu^  doing  this,  she  heard  otie 
pistol  go  off»  and  presently  after  another;  bat 
before  either  went  off,  she  saw  her  master  lying 
upon  his  back,  and  the  prisoner  at  the  bar  (point* 
ing  at  him)  stabbing  him.  Then  they  call 
lljomas  Waters,  a  wateruiao,  he  was  standing 
by  the  water-side,  and  seeing  Mr,  LultereU 
coining  down,  who  was  one  that  usually  em- 
ployed him,  he  expected  a  fare  from  him,  and 
that  he  should  carry  him,  as  he  n«ually  did; 
he  saw  Mr.  LuttereU  make  back  again  and  go 
into  his  own  lodging  ;  but  still  he  said  he  ex* 
pectcd  his  master  lo  come  down,  and  go  by 
water  ;  but  be  not  coming  in  so  short  a  tiiae  •» 
be  expected,  he  made  towards  Uts  Mpjm% 


47] 


8  GEORGE  I.       Trial  nflJufrh  Reason  and  Robert  Tranter,       [43 


and  u  he  came  near  be  heard  the  boy  cry,  Fire 
and  murder :  lie  went  up  into  the  room,  where 
he  found  Air.  Lutterell  lying  in  the  room 
wounded,  all  in  blood.  The  next  witnests  is  Mr. 
Peters,  who  is  a  reverend  divine,  and  came  to 
do  his  office  and  duty  on  this  melanclioly  occa- 
sion :  be  hearing  Mr.  Lutterell  was  wounded, 
and  in  danger  of  dying,  came  to  him  to  perform 
his  office  on  that  occasion :  he  says,  tbat  lie 
requested  and  admonished  him  to  tell  him,  if 
he  was  not  accessary  to  his  own  misfortune, 
and  that  it  may  be,  if  it  was  not  discovered 
whilst  he  was  living,  it  might  be  the  occasion 
of  an  innocent  person's  suffering.  When  be 
admonished  him  to  tell  the  truth,  he  did  with 
the  most  solemn  asseveration,  as  he  was  to 
answer  at  the  dreadful  day  of  judgment,  say, 
^*  That  he  was  barbarously  murdered ;"  but 
did  not  you  give  any  provocation  or  occasion 
for  it  ?  «•  No,  I  gave  none."  With  that,  says 
he,  I  told  him  I  understood  one  of  the  bailiffs 
was  wounded  with  a  pistol ;  did  not  you  dis- 
charge either  of  the  pistols  ?  '*  No,  upon  the 
word  of  a  dying  man,  and  as  he  was  to  answer 


might  sufler.  He  still  insisted,  «  That  he  was 
barbarously  munhired,"  und  said,  **  that  every 
article  of  wliat  he  had  said  was  true."  Ue  said 
to  him  further,  *^  before  you  receive  the  holy  sa- 
crament, and  as  you  are  going  before  God, 
and  there  hope  to  have  reinis^iion  of  your 
sius,  it  is  necessary  for  you  to  forgive  even 
your  enemies;"  and  witli  tbat  says  he,  he  told 
me,  "  He  did  heartily  forgive  all  the  world, 
and  did  forgive  the  persons  that  had  been  guilty 
of  ibis  indiscretion,  and  hoped  God  Almighty 
would  forgive  tbeui :"  he  gives  it  a  soft  term 
there,  their  indiscretion.  Indeed  I  should  have 
been  very  glad  if  the  examination  that  was  re- 
duced into  writing  was  here,  that  it  might  be 
laid  before  you.  Mr.  Peters  is  a  very  worthy 
person,  there  is  no  reason  to  doubt ;  but  he 
swears  upon  his  memory,  and  when  a  man 
swears  upon  his  memory,  he  may  mistakCi 
and  the  mistake  of  a  few  words  rouy  aUyr.the 
sense ;  therefore  it.  was  very  proper  to  have 
had  the  examination  here  ;  that  miuiit  possibly 
have  corrected  his  memory ;  and  though  he 


hath  shewed  himself  a  man  of  great  probity 
it  to  AlmigHty  God,  he  never  discharged  either  j  and  worth,  yet  he  might  be  mistaken  in  some  \t 
ef  the  pistols,  nor  did  he  run  his  sword  at .  particular;  and  it  seems  strange,  that  of  two  ■ 
Ihtfiii,  drew  his  swonl  at  them,  or  give. them  'justices  of  peace    the  one   appears,  and  the  ^^ 
any  provocation."    The  minister  says,  he  ad-  ;  other,  Mr.  Vernon,  with  whom  the  exnmina-  ;- 
▼isedbim  to  be  very  serious,  and  examined  him  :  tion  is  let),  doth  not  appear,  nor  any  endea-  rr 
as  to  the  fact,  and  said  it  would  be  of  very  I  vours  used  to  have  him  here  ;  and  therefore  it  ?_ 
dangerous  consequence,  if  he  should  die  with  |  must  be  taken  as  an  objection,  not  as  to  hie  r 
any  falsity  in  a  case  of  this  nature,  and  it  \  veracit}^  but  that  the  prosecutor  hath  not  pro-  r 
would  draw  present  ruin  on  innocent  persons ;  :  duccd  the  evidence  that  is  proper,  and  only   ^ 
he  said,  "  He  never  drew  his  sword,  nor  dis-  {  relies  on  the  memory  of  the  witnesses,  and  tbn  .. 
charged  eitlier  of  the  pistols,  but  was  barba-  j  seems  to.affect  the  e\ideucc  that  is  given  by  i-^ 
rously  murdered.*'  Mr.  Peters  then  went  away,  '  Mr.  Peters.    They  ha\  c  called  another  witnetiv  (-- 
and  a  little  time  after  came  again,  when  Mr.  ;  whom  they  called  at  last  after  they  had  closed  ;  ^ 
Vernon  and  Mr.  Hayncs,  two  justices  of  the  •  their  evidence ;  she  lived  in  an   house  over  j^ 

E»ce,  came  to  take  an  examination  from  Mr.  {  against  Mr.  Luttereli*s  lodgings ;  she  was  in  a  •._ 
utterell  himself;  he  says  he  was  present  at  '  chamber  two  pair  of  stairs,  and  she  saw  a  lusty  >^ 
that  time,  that  because  they  had  no  clerk  with  '  fat  man  come  to  the  window,  take  up  a  pistoia  ^■ 
them,  he  was  desireil  to  take  an  (account  in  !  and  as  she  thought  discharged  the  putol ;  and  » 
writing  of  what  was  said ;  he  pressed  him  as  j  she  saw  no  other  person  but  this  man,  and-.  _ 
formerly,  and  having  taken  an  account  in  wri-    therefore   concluded    the   fat  man    (ired  the  Z 

uistol :  this  is  the  evidence  given  for  the  king*. 


ting,  that  ought  to  be  produced,  but  it  is  not 
produceti,  and  therefore  no  regard  is  to  be  had 
to  it,  for  a  {lerson  is  to  give  the  best  evidence 
tlie  thint;  is  cap«ib1e  of,  especially  where  a 
person's  life  is  concerned,  and  he  of  his  own 
ahewing,  says,  it  was  taken  in  writing,  and  that 
writing  is  not  produced,  and  no  account  is 
given  that  they  arc  disabled  to  produce  it,  but 
the  justice  of  the  peace  tbat  hath  it  is  out  of 
the  way  ;  and  it  doth  not  appear,  that  pro])er 
endeavours  have  been  taken  to  have  him  here, 
tbat  this  examination  might  appear  more  per- 
fect than  the  former.     He  tells  you  afterwards 


The  prisoners  are  asked  what  they  have  to  say  ,  . 
for  themselves,  in  answer  to  this  charge,  »  hica  ^ 
seems  to  be  a  weighty  one  given  against  them :  ^ 
they  tell  you  they  are  ministers  ol  justice,  and  ^ 
they  give  you  an  account,  not  only  by  ilieir  ^ 
own  opening,  but  by  the  evidence  Uiey  ha?e  ^ 
produced,  in  what  manner  they  behaved  them-  '  ' 
selves ;  that  upon  the  first  arrest,  at  the  reoueat  T* 
of  the  prisoner  that  theu  was,  they  submittad  ^ 
to  carry  him  hack  to  his  own  lodging  :  1  mmt  Z^ 
confess  this  doth  seem  to  make  some  imprea-  ^^ 
it  is  what  bailiffs  are  not  hound   to  do^  " ' 


became  to  him  a  third  time,  and  the  end  of  his  .  they  are  usually  rough,  nud  not  easy  to  be  ui« 

tfwtminop  o  fliinl  litiiA  ■a.-ua  in  !tflA\Aniek  Kitn  iK'illi       tmnldil      iiii1a<»a    uroll     n:iiil     Tur    if  •    f\%i%t    stinHPa 


coming  a  third  time  was  to  admonish  him  with 
respect  to  his  fate  in  the  other  world,  and  at 
that  time  he  desired  to  take  the  sacrament 


treated,  unless  well  paid   fur  it;  this  ahewa,J 


I  that  these  men  wentbtyond  the  bounds  of  their 
»ua»  uuic  uc  iimicu  w  tana  tiic  naui«iiit.iih  ^  •  owu  duty  ;  for  VI  licu  they  had  arrested  him,  ^ 
he  told  him  what  was  necessary,  thai  he  might  ;  they  ought  to  hu\e  securetl  him  by  carrying  ^ 
take  the  aacrament  worthdy,  and  that  it  was    him  to  jail,  or  some  place  of  safety  ;  it  vat^ 

incumlieut  on  them  to  give  him  an  opportunity 
of  paying  the  money,  or  studing  for  bail,  fat 


abofe  all  things  that  he  should  dis- 
conacience,  and  give  a 
'  what  happened  on  this  mehui' 


Ke  desired  to  be  discharged  that  way  ;'bn(t.^ 
when  a  bailiff  hatli  arrested  a  man,  to  cangr^' 


«] 


Jar  tht  Murder  of  Edward  LuUerellfeif,  A.  D.  1722. 


[50 


lis  bftdr  to  Uis  own  lotlf  tni^^  it  an  ud usual 

mmf  «f  trcttdng  pnsnnerB,  anti  oug:Ue  not  to 

Wekara  ;  bat  slill  U  is  not  to  be  impined  to 

Ihf  tuiiiffi,  as  an  a^g^mrtitian  io  the  charge, 

ikef  mtwm  loo   fi^nurnble  in  tru^tiii^  him  in 

lliiiMPni  U>*\g%n^,     What  is  next?  When  they 

W  fciai  there,  Tratiter  is  sent  Tor  the  altor* 

mnH  Ml\.     This  iji  (iretty  extraordinary,  \^h^D 

Imw  kmd  taken  hi  in,  not  nt\\y  to  ofive   him 

luiat  lo  ICO  la  bU  oirn  Imlpng^,  but  one  of 

Ikamfiiev  iipooan  ^nand,  which  Mr*  Lutlerelt 

m^  bave  sent  tiic  own  servant  upon,  akid 

mm  oot»e  but  Reason  ;   tbis   was  extreme 

<iid  mm^f   and  not   ott^n  done  by  mm  of 

Jirr  diarac'crr*     Mliat  then?  Lutteretl  ^oes 

spoaira.      What  did  Reason  then  do?  When 

isbad  carried  tirui  to  bis  own  lodging*  And  sent 

Hi  pasuirr   avray,  be  pves  him  leave  to^o 

Mbiaotber  ehaiitber ;  ibi^  doih  uol  seem  to 

^iltn^mtDerit  of  the  deceased^  but  shews  ex- 

mm9  filfour  lo  ihtlr  prisoner,  whicb  they 

mM  not  iQ   slrictne«ti  justify  :    lie  went  up 

flMiaikl  rettimed  Ri^ain,  and  the  maid  ?ierrant 

iCMr.  L«ailrreU  idlK  yon,  she  s:iw  htm  mth  a 

IMrof  piacci)$^  one  stuck  on  one  m\e  of  his 

■1^  9tlt4  the  oiber  on  the  other  ;  if  their  treat- 

ttaiwia  so  ejciraordinnry  and  civil,  this  seenis 

nil  Mm  timofrard  return  of  Mr,  Lutlereirs, 

•bat  he  vraa  truKti*^!  lo  g-o  out  of  the  roimi, 

ftrld  rHum  with  ;i  case  of  tii$itols  ;  hul  ihe 

ViM-a#r%aiiitaV8*  besaid^  **  He  had  no  malice 

l»»tf4ilJi«tiif  and  wouM  not  hurt  a   hair  of 

fteir  tteaiisy  be  only  brought  down  the  pistoU 

I  heU|^ht  not  be  imposed  tipon."     J  do  not 

Pl^hai  he  meant,  when  he  was  in  custody 

roffieets,  and  bad  been  so  civilly  used,  to 

ase  of  pistols  to  prevent  his  Iteiug 

seems  an  untoward   return,  and   to 

bl  the  officers,  that  lhf*y  mi*jtht  not  carry 

ray,     Thtf  is  not  nil/ Mr.  Gitlbnl  says, 

i  l>cin$;  a  ^nrj^eon  was  called  to  give  his 

on  tbis  very  unhappy  accident ;  be 

y  an  account  of  the  wounds,  and  Ihe  dis* 

chat  p«iF»sed  on  that  occasion,  and  upon 

1  done,  and  how  the  bailiffs  bad 

l^him*     Says  he,  »*  I  confess,"  although 

I  he  hail  examinetl,  and  asked  biiu  sc- 

hefore,  and  that  be  refused  to  give 

ant  then,  but  did  persist  in  tt,  that  he 

>  any  pr-o vocation,  but  at  lest  M'hen 

repeated  it  with  some  earnestness, 

t  at  last,  ''  That  he  did  f^re  one  of 

.,_.     I  stroke  on  bis  head  with  a  stick/' 

li|pii  oil,  and  asked  bira  the  intent  of  bdnyf- 

i^luva   the  pistols;  he  says,  '*  I   did    not 

Ai^  any    hami  ;    1   have    no   malice^  but 

ihem  down,  that    I  might  not  l»e  ilt 

'  ihta  waft  ill  behaviour,  where  he  had 

civilly,  to  declare  that  he  brought 

^Wlii  pictols,  that  he  niit;ht  not  be  ill  u^  : 
i^Mlha  duty  of  the  haili/Ts  lo  carry  hitn  off, 
~  lhalpeti|rht  down  his  pistols  tu  prevent  that ; 
II^iIn*  hlow,  says  the  bailiffitf  the  assault 
lasbtastde;  the  young  man  bath  tnid 
y**  le  heard  a  blow  given  :  Air.  Luttcreil  de- 
h»  hi  ought  down  the  pistols  to  prevent 
franyln^  bim  off*  aad  that  ha  did  give 


one  of  the  bailiflii  a  blow  with  a  cane ;  tl  i^ 
surprizing,  that  immediateb  when  Tranter 
came  back  he  c^bould  run  him  agaiiiid  the 
wninscot,  and  the  other  ti<%S3ult  hi  in  with  a 
sword  ;  this  behnviour  is  not  of  a  piece  with 
the  other,  that  Tranier  fihoutd  come  bock,  and 
without  any  prttvocatiivn  run  liim  agaiuist  the 
WiiH«  and  Reason  should  take  hii«  sword  and 
stub  him  t  there  must  be  a  provocation  ;  the 
boy  says  there  was  u  blow  given^  but  he  cannot 
tell  who  gave  it*  Mr»  Lutterell  declares  he 
gave  a  blow,  and  another  surgeon  confirms  it  3 
so  that  it  appears  be\ond  contradiction,  by  the 
evidence,  that  Ihe  pistols  wei«  bronglit  down 
with  a  design  to  prevent  his  being  carrieil  oflV 
and  that  be  did  give  one  of  the  bailitfs  a  bloir 
wilh  a  stick :  then  Mr.  Bonner  bath  given  you 
an  account  of  several  matters  *  but  that  which 
is  material  is,  that  he  dlti  not  discharge  any  of 
his  pihtots,  or  draw  bis  sword  ;  that  he  did  not 
iittend  it,  but  did  threaten  it  several  times. 
One  Blake,  who  %vas  another  witness,  fiaygj 
that  upon  examination  afterwards  there  ap- 
peared, that  there  had  been  a  blow  on  tha 
head  of  Tranter.  This  is  the  nature  of  the 
evidence  given  on  the  side  of  the  prisoners. 
Upon  the  whole  matter,  1  think  it  is  plain  be- 
yond conlmdiction,  that  the  prisoners  at  the 
bar  did  kill  Mr.  LutterclL  !t  i^  plain  that  first 
of  all,  when  Tranter  had  him  affainsl  t!ie  wall, 
that  Reason  slabbed  bira,  and  when  lying  upon 
the  door,  that  Reason  stabbed  him  ;  and  it  ap« 
pears  afterwards  by  the  evidence  of  the  wit- 
ness, who  smyn  she  saw  the  fat  man  take  up 
the  nistol  mi4  discharge  il*  that  Reason  shot 
oflfthe  pistol  *  so  that  1  think  there  can  be  no 
doubt  at  all,  but  Ihe  prisoners  at  the  bar  did 
give  these  wounds,  of  whicb  he  died*  The 
surgeons  give  an  account,  and  f  think  there 
are  some  eight  or  nine  wounds  wilh  a  swordp 
one  of  them  only  mortal  ;  a  wound  with  a 
bullet  that  is  mortal  ;  seperal  other  wounds  he 
speaks  of,  thai  are  but  slight.  Then  the  ques- 
tion will  be,,  whether  upon  this  evidence  the 
detisndants  are  guilty  of  felony,  and  if  guilty, 
then  tu  what  degree,  whether  of  murder  or 
manslaughter  ?  Gentlemen^  it  bath  been  opened 
Iru/y,  that  the  bailifls  are  ministers  of  Justice^i^ 

♦  **  Bailiffs,  or  sherifJii'  officers^  arc  either 
bailiffs  of  hundreds,  or  special  bnililTV ;  bai« 
Ufl's  of  hundreds  are  officer*  appoiotLMi  ovt-r 
those  respective  districts  by  the  sheriffs^  to  col- 
lect fines  therein ;  to  summon  juries ;  to  attend 
the  judges  and  justices  at  the  assizes,  and 
<)aarter  sessions;  and  als«to  execute  wtits  and 
process  in  the  several  hundreds.  But,  m  these 
are  generally  plain  men,  and  not  Iborouglily' 
skilful  in  this  latter  part  of  their  office,  thttt  uf 
serving  writs,  and  making  arrests  and  execa^ 
lions,  it  is  now  usual  to  join  sped  si  bailttft 
with  them  ;  who  ore  generally  mean  persont 
employed  by  the  sheriffs,  otf  account  only  of 
their  adroitness  and  dexterity  in  hunting  and 
seizing  their  prey.  The  tsheriff  beirtg  an- 
awentbte  for  the  misdemeanors  of  these  bailiffs, 
they  ara  iberefore  usually  bound  in  ao  obli- 

£ 


4 


I 


"] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranier.       [St 


tfaey  are  armed  with  the  authority  of  law,  and 
those  who  retiat  a  bailiff  in  the  execution  of 
his  office,  resist  the  law.  They  are  not  bound 
to  gife  way  and  let  their  prisoner  escape,  but 
they  being  to  execute  their  warrant,  if  in  doing 
what  is  necessary  for  this  puqiose,  for  obuin- 
ing  their  prisoner,  and  the  security  of  their 
own  persons,  death  doth  ensue,  the  bailiffs, 
hafing  the  authority  of  the  law  on  their  side, 
it  is  not  so  much  as  felony  ;  and  it  is  very  ne- 
cessary it  shonld  be  so,  for  without  it  all  our 
properties  would  be  precarious.  When  any 
man  offers  an  injury  to  auother,  there  is  no 
remedy  but  by  briogiag  an  action  at  law,  and 
in  order  to  bring  t^  parson  to  do  justice  a 
proper  officer  must  be  employed ;  and  tliere- 
fore  it  is  highly  reasonable  that  bailiffs  should 
have  an  authority  to  carry  off  the  persons 
they  have  arrestetl,  and  if  in  doing  of  it  deatl) 
ensues,  the  party  must  thank  himself.  That 
being  the  question,  I  would  recommend  to 
your  consideration  these  circumstances;  it 
appears  in  the  beginning,  that  the  bailiffs 
treated  Mr.  Lutterell  with  all  civility,  gave 
him  leave  tQ  go  to  his  lodging ;  one  of  th^m 
sends  his  ooropaniou  away,  and  gives  him 
leave  to  go  up  stairs ;  but  although  they 
did  do  that,  that  will  not  justify  them  for  be- 
ing guilty  of  any  barbarity,  without  any  jnst 
occasion  offered ;  therefore  you  are  to  consider 
what  happened  afterwards:  It  appears  Mr.' 
Lutterell  brought  down  the  pistols,  he  dtd  do 
this  to  prevent  his  being  carried  off*:  that  is,  to 
prevent  the  bailiffs  from  carrymg  him  from  his 
MMlffiogs*  which  was  their  duty  to  do  in  case 
the  money  was  not  paid,  or  bail  ^ven  in ;  and 
if  io,  this  IS  good  introductory  evidence  to  that, 
which  they  ofi*er  to  prove,  namely,  that  he  en- 
deavoured to  rescue  himself:  He  says,  he  did 
not  dischaige  either  of  the  pistols,  or  draw  his 
flword  u|)on  them ;  that  he  did  not  intend  to  do 
any  mischief,  but  he  threatened  them ;  then 
see  how  this  is  when  taken  together :  Here  is 
Mr.  Lutterell  und«^  an  arrest,  fetches  down 
his  pistols  with  an  intent  to  prevent  his  being 
carried  oflf* ;  I  doubt  his  threatening  must  have 
reference,  that  be  threatened  to  discharge  his 
pistols,  or  draw  his  sword  upon  them ;  then 
when  his  pistols  are  brought  down  with  that 
tntent,  when  he  threatens  what  use  he  would 


gation  for  the  due  execution  of  iheir  office, 
and  thence  are  called  bound  bailiflSi ;  which 
the  common  people  have  cnrrupled  into  a  much 
more  homely  aopellatiun."  Bl.  Comm.  b.  1, 
ch.  9,  (vol.  1,  p'  345.) 

I  suspect  that  in  this  passage  the  ingenuity  of 
the  learned  commentator  has  misled  him  into  an 
erroneous  refinement  concerning  the  '  homely 
appellation  -,*  which,  I  conjecture,  was  origi- 
oaily  the  name  given  to  the  bailiff's  under- 
ling (or  *  iblloweP  as  he  is  still  called),  whose 
office  it  was  to  *  follow'  the  party  arrested, 
and,  if  necessary,  to  assist  from  behind  in 
forcing  him  forward.  In  France  thia  per- 
sonage 11  (at  leaat  waa)  styM  *  povMB-our, 
ud,  IbeluTi^  ctnMagaM.  .    . 


make  of  his  pistols  or  sword,  what  is  done  af- 
terwards ?  Mr.  Lutterell  gives  one  of  the  bai- 
liffs a  bk>w  with  his  cane ;  it  is  proved  unde- 
niably that  there  was  a  blow  given,  that  ia  prov- 
ed by  the  boy,  that  the  blow  was  given  by  BIr. 
Lutterell ;  that  a|ipears  by  what  he  owned 
himself.  Then  consider,  here  are  pistols 
brought  down  with  a  design  to  make  op|K)si- 
tion ;  that  he  threatened  them,  and  not  only  so, 
hut  gave  one  of  them  a  blow  with  his  cane ; 
what  is  the  consequence?  Tranter  runs  him^ 
against  the  wall,  and  Reason  stabs  him:  If 
this  were  all  that  waa  in  the  case,  when  pistols 
are  brought  down,  and  threatenings  used,  and 
a  blow  given,  the  officers  are  not  to  stand  still 
till  they  are  murdered,  nor  could  they  tell  what 
Mr.  Lutterells  intention  was :  As  he  had  made 
an  appearance  of  resistance,  and  had  made  an 
assault,  you  are  to  consider  whether  this  was 
not  A  necessary  defence  of  the  officers  lo  se- 
cure their  prisoner.  It  is  of  no  weight  what 
Mr.  Latterell  said,  that  he  intended  to  do  them 
no  harm  ;  if  he  made  an  appearance  of  re- 
sistance, and  actually  assaulted  them,  the  ques- 
tion is,  %vli(itlier  the  bailiffs,  in  this  case,  ars 
not  jusUiitd  in  what  they  have  done  ?  Yon 
will  consider  their  circumslanoes.  The  maid 
tells  you,  when  the  pl^ls  were  brought  down* 
at  her  persuasion  her  master  laid  them  on  the 
table;  so  one  would  think  that  nas  an  indi- 
cation that  no  ill  use  was  intended  to  be  made 
of  them  :  It  doth  not  appear  whether  one  or 
both  were  in  the  reach  of  Mr.  Lutterell.  Then 
it  appears,  that  notwithstanding  the  running 
him  against  the  wall,  he  had  in  some  msaaurs 
rescued  himself  from  that  force,  and  tbert 
was  a  struggling,  and  throwing  down,  which 
sliews  tliis  roan  was  not  so  in  the  power  of  tht 
bailiffs,  so  as  they  could  be  secure  of  preserving 
their  prisoner,  or  their  own  lives.  It  must  bs 
left  to  your  consideration,  whether  thers  was 
any  design  of  Mr.  Lutterell  to  rescue  himself; 
but  if  you  think  they  had  a  just  provoeationy 
and  tbey  had  reason  to  be  apprehensive  of  los- 
ing their  prisoner,  the  law  does  allow  them  to 
do  what  is  necessary  for  their  own  security, 
and  the  security  of  their  prisoner.  This  is 
what  I  recommend  to  your  consideration,  whe- 
ther or  no  it  appears  to  you  that  this  was  done 
out  of  heat,  and  out  of  a  passion  by  the  bailiflk, 
when  there  was  no  just  cause  for  them  to  sp- 
|)rehend  the  prisoner's  being  rescued ;  if  yoa 
oelieve  that,  then  the  prisoners  will  be  guilty  of 
felony :  But  if  you  believe  there  was  just  oc- 
casion for  the  prisoners  to  be  apprehensivothcy 
were  in  danger  of  their  lives,  and  of  kisiDg 
their  prisoner,  then  whatever  is  done  in  their 
own  defence  to  secure  their  prisoner,  and  thelc 
own  lives,  it  will  not  be  felony.  I  must  boo« 
fessit  looks  barbarous  to  think,  that  when  a 
man  was  in  his  blood  on  I  he  ground,  tbey 
should  follow  their  bkiws,  giving  him  mora 
wonnds;  this  is  carrying  the  thing  a  great  , 
way,  and  it  kraks  like  some  barbarity  ;  bat  if  • 
Mr.  Lutterell  gave  the  first  occasion,  whaiefer  . 
happeMdafWr,ifdonefurtheaecnri^^«f4lMir  . 
owB  lives,  and  of  their  priasner,  will.^Mefce  '£ 


f 


iSJ         Tnmi  ^J^n  Woodburne  and  Arundel  Coke.        A.  D.  1722. 


iMBfttilty  of feSiciy ;  Nit  Mopposi* )  ou  stioulil  ht 
Wifniiiiuo  llialiheliMli^  have  done  more  than 
^  Mold,  ibm  tlie  pexi  Ihtn^  to  consider  is  in 
ilat4w^i^  fk,.*.  «^..  .*...fiy  :  It  appears  a  blow 
▼•r  'boy,  before  ii*  rjifne 

f  ••t    ,    ^  ,! :  ,    Mr*  Ltuicrell  ihai  Itc 

^n*  ill*  Mhw  ;  Oenttfrnen.  I  Ho  not  knovt, 
«lif  boomir  an;  i«r>{  loju^tiiy  tlirmsdves  by 
tifw^  macy  Ufifsua^e  in  gtvpn  them^  ami 
AcnAat  1  aen  to  be  my  own  iivenifer ;  ftlr. 
Iflili^fmre  OOP ai  ihem  n  blow  oviri  ihe head, 
iibvfnAi  f  be  rr*<t  fVl)  nut  n«t  you  bave  b^uni. 
TbyiwtKwa  I  i>«r  it  be  mimler?    Il 

wm^  6tMk9  14  y,  and  wiiboui  provo- 

Mflu  flvr  ri««   1 1   IS  iioi  murder  :     Blows  bftve 
ml  lowed  to  b«   prorocationSt  and 


»o, 


t«ith  fetcbing  down 
trie  hailiHs  ubat  be 

-•  i'lir  one  of  Ibeoi  a 

Lits  will  not  be 

'"•rtshiig-hler : 

rue  nulho- 

■  yoii  rnu'^t 


m;^ 


M«irq«Fft|«ie  ibr  baitilfs  on  a  lew  nng^ry  worda 
^■■^Iflv  to  lall  into  ■  paKsiotit  aud  take 
l«iy  t^  liVv  of  A  man.  Here  it  a^ipears,  that 
wji^  U?»m  uiiiier  untoward  circum- 
mt'  nliBit  had  been  ibreateoed 

^  •  dcsj ,  .    ■  y  eut  hiK  beiu^  carried  off 

kt^fivii;  Btid  it  It  tH>  nn^  the  tnofltyou  make 
•  il  v»ll  b^  tuanalaiiifbtcr. 
Hivv  ilid  hch^i      ''      k^elTes  civilly  at  Unit, 
^»et  ttiiti    l!<  ni,    which  be  threw 

^  md  bi4  UivHi  ^%ti»tf  tbeir  hack-i»ide  with 
%  Ast  is  ■  ftiatter  uliich  if  this  ^emlennth 
MmimtiSm^  in  the  mantier  he  liutii  done, 
flWiMfie  beep  reiieti(e<liii  its  phice ;  then  two  or 
^•t  bSEs  llif y  are  called  rogues  and  ravcaU, 
mi  fimM  n^f  lit  prot^ke  the  bailies :  I  think 
tti  flnlafifjjf  btAsneu  wai  occasioned  by  too 


^reat  ft  lenity  ol'  the  bailiffa  in  carr^'ini^  back 
tbetr  prisoner  to  hia  uwti  lodging ;  that  was  not 
Weil  done  ot  iliKin,  Hutvrvt^r,  I  iiiunil  leavft 
it  to  ynwr  coiisiderattoii,  whether  or  no  they 
are  guilty  ottelony,  ami  illhey  l>e  jfuihy  of 
jV^jofiv  tlu'.^  M>  v%bat  <leg"ree»  w he iberol  murder 
or  tL  iiiL'r.     I  (brijot  one  thmgr,  the  sur* 

geoh  J  J  1  I  Hf  that  one  of  ibe  huihHs  h»d  m 
wound  in  bis  hand  by  a  bullt-t,  each  of  them 
had  n  wounit,  ihmjgh  it  tloih  not  api^tar  bow; 
all  thin  ia  likewise  to  becousidned:  yun  will 
couiiidcr  the  whole^  and  give  your  venlict  aC' 
cordinfjfly. 

Reason,  as  hath  been  proved,  said,  he  ho|ied 
lie  would  give  him  cit lliiy  money ;  he  aaid  be 
would  ^ivi'  nothmt;  lo  anoh  rnguea  aa  they 
were,  for  they  hiul  given  hirii  no  notice,  but 
had  arrested  him  in  the  atrtet ;  that  is  the 
threat  ^ound  of  coroidaint,  and  at  tlu*i  the  of- 
iience  is  tHkeu ;  they  did  not  gi%e  him  due  no« 
tice,  therefore  it  was  not  civilly  done,  which  if 
ilicy  bad  done^  and  it  had  come  before  us,  w# 
iliould  have  punished  with  great  aeirerity. 

Upon  this  the  Jury  withdrew,  and  af\er  itay- 
in^  out  about  an  hour,  brouj^ht  ihem  bolb  in 
Guilty  of  Mai»slaii^hler;  ilpori  which  they 
prayed  the  beuelit  of  tlie  clergy,  and  were  im* 
mediately  burnt  iu  Iht^  hand. 

From  sir  James  Burrrow^s  Report  of  John 
Taylor's  Case,  it  a|i|ie»irs  tlml  the  uentence  of 
burning  in  the  hand  ttas  executed  upon  Rea* 
son  and  Tranter  behind  the  bar  of  the  Court 
ot  Kinvj's- bench.    See  5  Burr.  270T. 

Tb«i  tfxecmioij  of  capital  convicts  who  are 
in  custody  of  ibe  Marshal  of  the  KingV^etioh, 
is  usually  done  at  St,  Thomas-a.Watenof^s  in 
Hurrey.  See  1  Strange  553  ;  4  Burr.  S089, 
John  Royce's  Case. 


I6£.  The  Trial  of  John  Woodbuene  and  Arundel  Coke,  esq.  at 
Suflfolk  Assizes,  for  Felony,  in  wilfully  slitting  the  Nose  of 
Edward  Crispe,  gcnt.^  8  George  L  a.  d.   1722. 


Ov  tWftilav  tlic  JSib  of  March,  17  23,  »t  the 
msm  Md  al  Bory  8t,  Edmonds,  in  the 
«sty  of  Sollblk,  Jolm  Woodbume  and  Arun- 
MC«^  were  irratgiied  upon  an  Indictment 
%Hi  iNf  Ibe  fraud  |ury ;  Aud  the  Court  pro- 
mhimm: 

tkfk  o/"  lAr  Armi^nmentt,  John  Wood- 
9»a,  htm  uf  Uty  band  ;  Arundrl  Coke  a^ias 
HbAt.  b4d4  uf  iky  band.     (IVbieb  they  seve- 

OffAd) 

laa  9am4  iodieiHl  by  the  nsicnea  ot  John 

laie  of  the'  borou^^h  of  Bury  ^»t. 

i,  lit  Ibe  cotifiiy  of  tiuttblk,  labourer ; 

ktmiri  Coke  alifti  Ceoke,  of  the  borou^^h 

^hai  ynu,  after  the  24th  day 


of  June,  in  the  year  of  our  Lord  1730,  viz.  the 
lir&t  day  of  January  in  the  dth  year  of  our  $o* 
verrip-n  lord  George,  of  Great  Britain,  ^.  in* 
tcndiu;<  one  Edward  Crispe,  gent,  then  and  yet 
fWing  a  subject  of  uur  ^id  sovereign  lord  the 
king,  lo  maim  and  disfigure  at  the  borough 
afuretfuid,  in  the  county  aforc>aaid,by  force  and 
any  a,  <Vc,  in  and  upon  the  said  Edward  Crispe, 
i»  the  pc^ace  of  God,  and  of  our  said  sovereign 
Icird  the  king,  then  and  there  bring,  on  pur* 
poae,  and  of  malice  aforethought,  aud  by  lyiofC 
10  wait,  did  unlawfully  and  telouiousdy  make 
an  assault*  And  tb&t  you  the  said  John  WckmI- 
burno,  with  a  certain  bill  value  a  penny,  which 
you  the  said  John  then  had  and  held* in  your 
right  hanil,  tlie  nose  of  the  «nld  Edward  Cfispe, 
,  and  of  your  malice  forethought* 
'  in  wait,  did  thcQ  aud  vUct«  >mii» 


I 

i 


I 

i 


4 


55J 


8  GEORGE  I.      Trial  ^Mn  WeeHmme  and  Arundel  Cole,      [56 


lawfully  and  feloniou&ly  slit,  with  an  inteit  by 
80  doing,  tbe  said  Edurard  Crispe  to  noaim  and 
disfigure.  And  that  you  the  said  Arundel 
Coke,  at  tbe  time  of  tbe  felony  aforeiiaid,  bv 
tbe  said  John  Woodburne  in  manner  aforesaid, 
unlawfully  and  feloniously  done  and  commit- 
ted, to  wit,  tiie  said  6rst  day  of  January,  in 
the  8tb  year  aforesaid,  at  the  borough  afore- 
said, in  the  county  aforesaid,  on  purpose,  and 
4)f  your  malice  forethought,  and  by  lying  in 
wuit,  unlawfully  and  lelouiously  was  present, 
aiding  and  abetting  the  said  Jonn  Woodburne 
the  felony  aforesaid,  in  manner  aforesaid,  felo- 
niously to  commit  and  do.  And  so  the  jury 
aforesaid,  u|>on  their  oaths  say,  that  you  tM 
said  John  Woodburne  anri  Arundel  Coke,  the 
said  fir>t  day  of  January,  in  the  8th  year'atbre- 
said,  at  the  borough  atbresaid,  in  the  county 
aforesaid,  by  force  and  arms,  &c.  on  purpose, 
and  of  your  malice  forethought,  and  by  lying  in 
Wait,  the  felony  aforesaid,  in  manner  aforesaid, 
did,  and  each  of  you  did,  commit  and  do 
against  the  peace  of  our  sorereign  lord  the 
king,  his  crown  and  dignities,  and  also  against 
the  form  of  the  statute  in  that  case  ma&  and 
provided. 

The   Latin  copy  of  the   Indtetmeot  is  M 

follows : 

DouiNus  Rex  s.  Core  et  Woodburne. 

'  Suffolk,  ff .  Jur*  pro  Dom'  Rege  super  sacra- 
ment'suum  pr8Psentant,quod  Johan'Woodbume, 
Duper  de  Burgo  de  Bury  Sancti  Edraundi  in 
com'  Suft'Miob',  et  Arundel  Coke,  alias  Cooke, 
Duper  de  Burgo  prsed'.  Arm',  post  34  diem 
Jauii,  anno  l><iia*  1731,  scil'  1  die  Jsnuar*, 
anno  regni  Doin'  Georgii  nunc  Retris  Magnce 
Britan',  &c.  8,  machinantes  quendam  Edir' 
Cri!}|)e,  Gen',  adtunc  et  adhuc  existen'  subdit' 
dirti  Horn'  Regis  nunc,  mahemare  et  delbr- 
mare,  a  pud  Burg'  pred'  in  com'  prscd',  ?i  et 
armis,  ike.  in  et  super  pr»d'  Edw'  Crispe,  in 
pace  riei,  et  dicti  Dom'  Re^  adtunc  et  ibid' 
existen',  ex  propusito  (An^Iice  *  on  purpose') 
ac  ex  malitiis  suis  precojg^tat',  et  p«-  insidias 
(Anglice  *  by  lying  in  wait')  illicite  et  telonice 
in«ult*  fecer'  Et  quod  prsed'  Johan'  Wood- 
burne cum  quadam  Secure  (Anglice  *  a  bill') 
falor'  nn'  deiiar',  quam  ipse  idem  Johan'  in 
manu  sua  dextra  adtunc  et  ibid'  habuit  et  tenuit, 
nasum  prsefat'  Edw'  Crispe  ex  nroposito  ac  ex 
malitia  sua  prsecoptat',  et  per  insidias,  adtunc 
et  ibid'  illicite  et  felonire  fidit  (Ansriice  <  did  stif') 
cum  intention'  ad  eund'  Edward'  Crispe  iu  fa- 
ciendo  mtNlu  nned'  uiahemand'  et  derormand*. 
duodqiie  proHl'  Arundel,  tempore  felon'  pnad', 
per  iira'fat'  Johan'  Woodburne,  moilo  et  forma 
pried',  illicitoct  fnlonioe  commisa'et  per|ietrat', 
scil'  eod'  1  die  Januar',  rnno  8  tuprad',  apnd 
Bun;'  pnt:d'  in  com'  pned'  ex  prnp<»sito  ac  ax 
roalitia  sua  prsccogitat',  et  \\er  insidias,  illicite 
ct  Telonice  fuit  pnexens,  auxiiians,  et  abettana 
prierhr  Johan'  Woodburne  ad  lelon'  pr»d\  ia 
jbrma  praMl',  felonioe  oominittend'  et  parpo- 
Irand'.  £t  sic  Jnr*  prml'  dicant  aapar  aaor^ 
«MDt''  nnm  pnnd*,  fiiod  pmd*  Johiv'  Wtii- 


bume,  et  Arondel,  dido  1  die  Januar',  anno  8 
sttpradict',  apud  Burg'  pned'  in  com'  pned',  yi 
et  armis,  &c.  ex  propositi  ac  ex  nialitiia  auia 
prsecogitat',  et  per  insidias,  felon'  pned'  in 
form'  prsetl',  illicite  et  telonice  commiser'  ct 
per|)etraver',  et  uterque  eor'  cominisii  et  perpe- 
travit,  contra  pacem  dicti  Dom'  Regis  nunc, 
coron'  et  digniiat'  suas,  necnon  contra  farm' 
Stat'  iu  bujusm'  casu  edit'  el  provis'. 

Clerk  if  th€  Arraigns.  Haw  sayest  thao, 
John  Woodburne?  Art  thou  Goiltv  of  the 
felony  whereof  thou  standest  indicted,  or  Not 
Guilty  ? 

Fritoner,  Not  Guilty. 

CL  o/Arr.  Culprit,'How  wilt  thou  be  tneAt 

Fritimer,  By  God  and  my  country. 

67.  ofArr.  God  send  thee  a  good  deli? eranat. 
How  sayest  thou,  Arundel  Coke  alias  Coukep 
art  thou  Guilty  of  the  felony  whereof  thoa 
standest  indicted,'or  Not  Guilty  ? 

rriaoner.  Not  Guilty. 

Cl.vfArr,  Culprit,  How  wilt  thou  be  triad f 

Prisoner,  By  God  and  my  country. 

Cl.qfArr.  God  send  thee  a  good  delitaii- 
ance.  You  John  Woodburne,  and  Arundel 
Coke  alias  Cooke,  the  prisoners  at  the  bar« 
hearken  to  what  is  said  to  you.  Those  good 
men  that  are  now  called  and  do  here  appear, 
are  those  that  are  to  pass  between  our  ao?»« 
reign  lord  the  kint;  and  you,  U|>on  your  aereral 
lif  es  or  deaths ;  if  therefore  you,  or  either  of 
you,  will  challenge  them  or  any  of  them,  yoa 
must  challenge  them  as  they  come  to  tbe  book 
to  be  sworn,  before  they  are  sworn,  and  yo^ 
shall  be  beard. 

CI.  of  Arr,  CTv&Ty  gire  the  lKX»k  to 

Thomas  Buckingnam,  George  (/ross, 

Nicholas  Alger,  Samuel  Bridge, 

Ambrose  Gallant,  Jonathan  Clements, 

George  Goddard,  Thomas  Tay  jor, 

Robert  Gall,  Simon  Reeve, 

William  Scott,  William  May. 

CLofArr,  Count  these. 
Cryer,  Are  you  all  sworn,  Gentlemen  ? 
Jun/,  Yes. 

CL  of  Arr.  Make  a  Proclamation. 

Cryvr.    O  Yes !  If  any  of  you  can  infom 

my  k>rd  the  king's  justice,  tbe  king's  attumej 

or  solicitor  general,  of  any  treason,  murder, 

felony,  or  other  misdemeanour  committed  fay 

the  prisoners  at  the  bar,  or  either  of  them, 

I  come  forth,  an«l  you  shall  l»e  heard,  for  iha 

I  prisoners  at  the  Imr  now  stand  upon  their  deli- 

j  verance :    And  all  persons  bound  by  recogni* 

:  Bsnce  to  uroiiecute  them,  or  either  of  them, 

I  come  fortli  and  prosecute,  or  you  will  fbrfeife 

!  your  recognizHiK'es. 

CL  of  Arr.    John  W<M>dbume,  and  Arundel 
-  Coke  alias  Cooke,  hold  up  your  hamla.     Geo*  ■ ' 
tiemen  of  the  jnrv,  lofdc  upon  tbe  prkoneia^    s 
and  hearken  to  their  cliargai   they  aund  \mtt    «■ 
dieted  by  tlie  nawu  of  John  Waodbume,  lal««f  .itf 
tba  borongb  of  Bury  St.  Edmonda,  ia  Iha 
flanqW  ofSiiMk,  JabMMr,  and  Anindal  OalH 
■liM  Coolw,  aT  tho  boni«k«AnnidB  «il»|i 


Jtir  di^gurirtg  Edward  Crispe. 


A,  D.  1722* 


[5S. 


Uir  iBtliciment  before- mrn> 

-'-    "  * '-^t    ■'*  rhey  hnve  been 
Not  GtiiUy  : 

lease  }oui  lardslirp,  ami 

I  irv,  1  niu  of  cotmsrl  fiir 

15  at  the  Uar,  ^'klio 

^      i       t  ?'>danil  53*1  Car, 

iif,"  jiiid  tlie  indictment 
,  liiU  iL^.^  |*«i90«}er6,  the  1st  day  t»f  Ja< 
wmf,mti%m  84b  year  of  h»  present  majesty, 
Umy  Sl  EchnoOfiK  in  this  county,  did  on  pur- 
f«»«»l  nf  m&lior  lc>r«-ltioy^lit,  and  by  lying 
aw«,ai;k«!  mn  i»«»«tiU  iinlftwfully  and  fdoni* 
«aif  «f»o  £iiw»nl  Oris|>e,  gent,  and  that  the 
V«M,JttlMi  W«Oflbunie,  witb  a  bill  which 
WteWd  IB  bis  ri^ht  hand,  did  ou  purpO!>e| 
'm  ffif«*tlHm§iii  4  11(1  liv  lyifi;  i»  wait, 
■ie  ^  the  •!!  1  €ri&pe,  with 

In  •t^doitiir  t'  ^     ''  the  said  Eil- 

an'  prifoner,  Arundel 

» limr  ^  1 11  an i;  the  said  felo- 

iHn  fare-thnug'ht, 

i»H  I         .iiily  and  felo- 

y  aidiug  and  aL>ettjn(r  the  said 
true  io  coiiifnit  (iic*  said  felony  :  aU 
to  be  (ione  contrary  to  the  form 
If  wr  i*ho  arc  connael  for  the 
i»t  this  matter,  you  will  find  ibem 


Ml 


it  p1< 


re,  ftir  I J 
t  id'  kinc 


i^l 


your  lordship, 

tnrv    I  am  counsel t 

t  the  prisoners 

ri»n  the  statute 

one  for  mali- 

i;;i^  of  Edward 

ti{*  ihut  tact,  whiLti 

I  tl»e  tiaiiic  otfrrice  ; 

WiM»  cunnst'l  for  the  kin;^, 

flu*  ii««j»ty,  a«  iht*  fatbrr  of  his  peo- 

Civ  ibeir  •alitiyi  out  of  his  natural 

luili  K4n«fi  i^Mcimmly  pte:i»ed  p^rti- 

I  Ml  f«x*f^  ^''<'  |>i'i»«iecuiioci  for  lui  Iti^rrid 

dy  as  isffaiistuattAn.      And   thotjj^h, 

VA,  It  M  tUtHciiU  tu  stand  in  this  place 

til*  lC?rate«tt  tetMlemeM  lo  our  feiloiw- 

-    -—  -l-^*r-  -fv^  »    V"    ijvi'sted  Iheni- 

■  to  he  such  ; 

,    ^...^  .   jir«»jde  not  to 

y9%£  ^   Rtt   lai  &«  IS  r<HiM)Mteut 

Tlii-ir  tirosirntion  is  be- 

iittrf>rri  d  ;  for«0 

►  j«n*"T*  "iM  Itaw  ,  iuTe,  tlie 

^iw,  mid  Imt  at  the 

r  n*  the  oit?,  and  ao 

ler.     Weslmll 

r    rrtinfiiiUrd, 

iut- 
>t  ii,  and 
Mr.  Coke 
I  whowaa 

rj^M)   to 


sup  at  his  house ;   that  Mr.  Coke  prepofltd 

him  t'?  ..*,  nj>..r  '■••iper  to  miiJce  a  visit  to  Mn 
Mui'^  !^  %te  luention  vi-itbaut  afi| 

the  kiL  :„-!!.;...)  to  which  IVlr.  CrispecoD 
seDted ;   that  Mrs.  IMonke^a  house  opens  iut^l 
the  church-yard^  ivhich  \s  but  crosses  the  vra] 
from  Mr.  Coke's  house ;   that  Mr  Coke  I 
Mr.  Cntpealon^  with  him  aliout  ten  or  elevo 
at  flight,  it  berng;^  dark,  into  the  chuich-yar^ 
anil  walked  him  about  near  Mrs.  Monkeys  doof^ 
without  ^oing  ioi  and  then  making  «ome  noise 
or  t^hisiling,  a  person  came  up  to  him  and 
knocked  hmi  down,  aAer  which  he  was  uol 
seusible  3    tlrnl  being  lef\  tnr  dead,  after  some 
time  he  ffot  up,  and  returned,  he  did  not  know 
how,  to  ftir.  Coke's  house,  %vhere  the  coiupanj 
received  hi  in  fviih  great  consternation ,  as  did 
**-    Coke   hiiiiaclf,  who  soon  returned  after 


Mr. 


walking  out  with  Mr.  Crispe,  out  of  bteaUi, 
and  called  for  a  glass  of  wine  ;  and  bting  asked 
what  was  become  of  Mr,  Crispei  said  he  was 
stLimbling  home  in  the  daik.  Tlit«  we  shall 
profe  by  Mr.  Brown,  another  relatioo.  \?e 
shall  prove  by  Mr.  Sturgeon,  who  was  called  aa 
his  surgeon,  Ihe condition  of  his  wounds  ;  and 
by  Carter,  a  blacksroilb,  that  Mr.  Coke  aliout 
the  Friday  before  the  fact  was  committed,  sent 
for  him,  and  asked  (after  a  |itef  ious  discourse 
of  Carter's  poferty,  and  how  be  might  li?« 
well  in  the  world)  it  he  would  cut  off  ten  mens* 
beads  without  remorse  j  whieb,  when  Carter 
Slid  lie  could  not,  It  he  would  cut  ofT  one  man'i 
head,  and  lay  it  before  Coke  ;  which  Carter  re- 
fusing, [VI r.  Coke  bid  him  consider  on  it,  and 
coiije  {i{*ain  ;  then  gave  him  a  gla^s  of  brandy, 
and  disuii«si*d  bim,  bidding  him  send  Wood* 
buruc  to  him.  We  shall  prove  by  one  Moontt 
a  ♦ailor,  tliut  Mr,  Coke  iiboui  three  years  since 
solicited  him  to  the  like  effrrt.  We  shall  prove 
by  VV  iltel  the  coii!*t;ible,  th^t  afier  Woodburne 
was  liikcii  up,  he  confeiiSed  ihe  fact,  said  he  did 
it  with  a  bediming- bill ,  and  gave  him  directions 
where  to  tina  it,  and  he  found  it  nccordiuijrty  ; 
wtiich  W^oodbume,  when  shewed  hirii,  ackoow- 
ledged  to  be  the  same,  and  which  we  hare 
here  to  produce,  We  aliall  prove  by  Mr.  We» 
ilirrell  tUe  •(iKder,  that  Mr,  Coke,  since  be  wat 
iu  hi^  custody,  confess*^  the  whole  fact,  and 
I  lint  Woodburne  uas  placed  in  a  porch  of  an 
em|tty  hf»use  near  Mr.  Coke's,  to  come  out  oa 
a  whi»<ile  to  do  ihe  fact ;  and  thfU  he  delivered 
Mr.  CriMpe  to  Wooilbornc,  and  was  pretieni 
v«  lien  the  fact  was  committed.  And  after  thtt 
evidmre,  tlit;re  ciio  be  no  doubt,  s^enilemen, 
but  you  wilt  ttnd  the  prisoners  at  the  bar  Guilty 
of  Ibis  iuthctmeut, 

Hcrj.  Brunihitmie.  My  h>rd,  the  defendants 
are  indicted  of  felony ,  upon  an  act  of  parliament^ 
made  22  and  *rA  Car,  S,  by  which  net,  if  anj 
person  or  pcrftont  on  purpose,  and  of  moliea 
fore- thought,  and  by  lying-in* wait,  shall  un« 
lawl'ullv  cut  or  disable  the  tongue,  pot  out  the 
eye,  slit  the  uose,  &«'.  with  an  intention  in  so 
i\m\^\o  maim  or  diwfiM^ure  ;  the  iterson  or  per- 
sons !»o  ofri^odu»L'i  their  counswrllors,  aiders  and 
abettors,  knowing  thereof,  are  felons  wtlbouv 
beacrfii  of  dergy .    Tbr.  iudtclntQiil  c^«rg.«»  V\h» 


59J 


8  G£ORGE  L       Trial  of  John  Woodhume  mid  Arundel 


flefendants  with  feloaiouily  making  an  assault 
on  Mr.  Criape ;  that  Woodbunie  slit  his  no&e 
with  a  bill  or  book ;  that  Coke  was  aidiog^  and 
assistinip  therein.  We  shall  be  able  by  un- 
doubted eridence  to  prove  and  make  clear  the 
charge  of  the  indictment,  aod  e?ery  particular 
thereof;  as  has  been  opened  to  vou,  and  that 
the  manner  of  doine  it  was  attended  with  such 
circumstances  of  iunumanity,  baseness  and  yiI- 
lany,  as  no  iostanoe  can  parallel.  Mr.  Crispe 
is  brother-in-law  to  Mr.  Coke,  who  on  the  1st 
Oa^  of  Januarjrlast,  under  the  colour  of  friend- 
ship and  affection,  incites  Mr.  Crispe  and  fa- 
vtiiy  to  supper  at  Coke's  house.  Before  this 
invitation  he  had  agreed  witli  Woodburne  for 
hire,  to  lie  in  wait  od  purpose  to  effect  the  de- 
signed mischief.  When  Woodburne  was  lying 
in  wait.  Coke  came  several  times  to  him  to  en- 
courage him  in  his  ?ile  purpose.  After  supper, 
Mr.  Coke,  uumiodful  of  all  the  obligations  of 
brotherly  lore,  of  hospitality,  and  of  the  protec- 
tion due  to  Mr.  Crispe,  by  false  and  rile  arts 
and  persuasions  entices  him  into  the  church- 
yard, the  pUce  designed  and  agreed  upon  for 
the  executioD  of  their  wicked  purposes.  When 
he  had  got  Mr.  Crispe  into  this  place,  by  sign 
he  gave  notice  of  it  to  Woodburne,  who  had 
followed  at  some  distance ;  aud  then  delivered 
bim  into  the  possession  of  Woodburne,  and  was 
present  at  the  striking  several  bkiws  with  the 
nook.  By  the  nature  of  the  instrument  every 
blow  must  maim  and  disfigure ;  and  the  btows 
being  given  by  the  order  snd  direction  of  Mr. 
Coke  by  Woodburne,  Mr.  Crispe*s  nose  was  slit 
on  purpose  to  maim  and  disfi^re  by  one  lying 
in  wait :  which  are  all  the  circumstances  re- 
nuired  by  the  act  of  parliament  to  make  them 
Guilty  of  the  felony  with  which  they  are 
charged.  Which  several  facts  we  shail  call 
our  witnesses  to  make  out,  and  doubt  not  but 
the  jury  will  find  them  Guilty. 

8erj.  Selbf.  We  desire,  in  the  first  place,  Mr. 
Edward  Crispe  himself  may  be  sworn,  (Which 
was  done  accordingly.)  Mr.  Crispe,  give  an 
account  to  my  lord  aud  the  jury  of  the  whole 
natter. 

Criipt.  On  Kew  Year's-day  last  I  wasio- 
fited  to  sop  at  Mr.  Coke's,  and  heing  there, 
he  proposed  to  me  to  go  to  Mrs.  Fanny 
Monke'JL  ^ 

X.  C.  /.  (Sir  Peter  King.)  Was  this  before 
or  after  suiiper  ? 

Crispe.  This  was  before  supper :  we  supped 
about  seven,  and  after  supper  about  ten  o'clock 
he  called  me  out  of  his  parlour,  I  followed 
bim ;  we  went  into  the  church -yard :  it  v»as 
then  very  dark,  the  moon  did  not  shine.  lie 
took  three  or  four  turns  before  the  house  where 
Mrs.  Monke  dwelt,  then  he  stood  still  and  made 
Boise. 

X.C. /.    What  kind  ofnoise  did  he  make? 

Criwe.  It  was  like  a  hallooing. 

X.  C.  J.  Were  you  under  any  fear  or  aj^re- 
hanaion  from  that  noise  ? 

CriMpe.  Yes,  my  lord,  1  was  afraid,  and  made 
vp  Inwards  the  wbU  ;  bat  in  a  quarter  of  a  mi- 


nute somebody  came  behind  me, 
me  down. 

X.  C.  J.  Did  you  know  then  ' 
wasP— Cri^«.  I  did  not 

X.  C.  J.  Can  you  tell  what  W4 
afterwards? 

Critpe,  My  lord,  I  cannot,  fo: 
I  lost  my  senses  for  some  time. 

X.  C.  J.  How  long  was  it  befo 
returned  ? 

Crispe.  My  lord,  I  cannot  tell 
time  I  got  up,  and  returned  to  M 

Serj.  Sel^,  In  what  conditio 
yourself.^ 

Crispe.  1  was  ready  to  die  an 
was  found  wery  much  wounded. 

Seij.  Branthw.  Did  any  sui 
you  at  Mr.  Coke's? 

Crispe.  Yes,  Sir,  Mr.  Sturgeoi 

Xj  C.  J.  After  the  person  c 
knocked  you  down,  did  you  lie 
say  aiiTthiuf;? — Crispe.  No,  mj 

X.  C.  J.  Can  you  tell  whethe 
time,  or  what  became  of  him  ? 

Crispe.  No,  I  cannot. 

X.  6.  J.  Was  he  there  when 
was  giwen^ — Crispe.  Yes,  he  wai 

X.  C.  J.  Will  the  prisoners  as 
any  questions  ? 

Coke.  Mr.  Crispe,  was  I  pres 
were  knocked  down  ? 

Crispe.    Yes,  Sir. 

Coke.  Do  you  remember  that 

Crispe.  Yes. 

Coke.  How  near  was  I  to  you 

Crispe.  You  were  close  by  m 
knocked  down. 

Seij.  Selbjf.  Call  Mr.  Brown  a 
(Which  was  accordingly  done.) 
are  a  relation  of  Mr.  Coke's. 

Brown,  Yes,  Sir,  1  married  li 
and  he  married  Mr.  Crispe's  sist( 

Seij.  Selby.  Were  you  at  Mr. 
last  New-year'a-day  at  night? 

Brown.  A  dtiy  or  two  before  las 
day,  I  and  my  wife  and  dau^hte 
to  sup  with  him,  and  accordingh 
came  aboot  six  o'clock,  and  foi 
and  Mr.  Crispe  drinking  a  glass  < 
parlour  before  supper. 

Seij.  Selby,  Was  there  any  ol 
with  them  ?  . 

Broirn.  No,  the  women  were 
I  sat  down  with  them,  and  we 
the  parlour  till  supper- time, 
was  ready,  we  went  up  stairs, 
supper,  between  eight  and  nine,  v 
down  into  the  parlour  again.  So 
Coke  went  out  of  the  room,  a 
back  aq[ain  and  save  a  call,  oi 
Mr.  Crispe,  who  followed  him  ou 

Serj.  Selby.  At  what  tinUe  of  ni 

firovii.  After  nine  o'ck>ck  at  n 

Seij.  Branthw.  How  long  was 
Coke  returned? 

Browji.  He  wat  gone  about  te 
then  retomed* 


Jhr  disfiguriug  Edward  Crispe. 


A.D.  17Si. 


nmtAv.  Was  he  id  anydiiorder  when 

He  eeemed  to  be  oot  of  breath,  is  if 
eo  wftlkine  faster  than  onlioary. 
rmmthm.  How  far  distant  is  the  church- 
*re  this  gentlewoman  dwelt,  from  Mr. 

.  The  church-yard  is  about  twice  the 
i  this  shire- bouse  from  Mr.  Coke's 

BralAv.  What  did  Coke  do  when  he 

* 

L  Immediately  he  drank  a  ^lass  of 

DC,  and  after  he  had  sat  some  time,  be 

of  the  room.     I  heard  a  noise  op  stairs, 

fiold  my  daughter  was  ill,  I  went  up, 

Ktlle  time  came  down  again  into  the 

vfaere  I  found  Mr.  Coke. 

innthae.  Did  you  ask  him  what  was 

fMr.  Crispe? 

L  I  did  then  ask  him  what  was  become 

rispe,  and  be  told  me  that  he  believed 

sne  home  in  the  dark.     In  about  two 

minates  at\er.  Air.  Crispe  came  in. 

verjr  much  wounded  and  bloody.     I 

irprtsed  that  I  could  not  uke  paiticular 

him. 

sAy.  Bowlon^  was  it  from  Crispe's 

t  tn  his  coming  in  again  ? 

u  It  was  near'half  an  hour. 

J.  80  then  Coke  returned  in  about  ten 

,  and  Crispe  in  near  half  an  hour. 

k  Yes,  my  lord. 

leAy.   Did  Mr.  Coke  see  Mr.  Crispe 

icame  back  to  his  house  ? 

■.  Yes. 

Seiiy.  What  did  he  say  f 

«.  Ue  seemed  to  be  in  a  great  conster- 

Bf&y.  Do  you  know  of  any  estate  that 
bit  come  to  Mr.  Coke  atler  Mr.  Crispe's 

im.  I  cannot  positively  say  it  of  my  own 

^Jbiy.   We  will  ask  Mr.  Crispe  that 
pk   Praj  Mr.  Crispe,  would  any  estate 
gt  by  your  death  to  Mr.  Coke  ? 
Ijl^lii  case  I  had  died,  100/.  per  annum 
if  ■*«  come  to  bis  vi  ife,  as  one  of  my 

t^l'  Hits  you  then  no  children,  nor 

'  Np,  my  lord  ;  my  next  of  kin  are 

■WiOneof  which  is  Mr.  Cuke's  wife, 

i jbife  Ifcn  one  of  my  heirs. 

3f.  Ca11Mr.Sti]r(p;oii.     (Who  ap- 

'•••iworn.)     What  do  you  know 

llWi  wouuding  of  Mr.  Crfspc  ? 

lij"  *  surpeon  by  profesaion  ;  and 

lB9.^  Jiuuary  last  at  iii^ht,  about 

1 1  wu  sent  for  to  Mr.  Crispe  at 

MR:  When  1  came^  I  found  him 

^^Mled  and  cut,  and   in  a  very 

■1  and  that  he  had  lost  a  great 

1  namined  his  wounds :    One 

lii  right  ear,  divided  the  fleshy 

d  M  ended  on  his  upper  lip 


just  under  bis  riffbt  noitril ;  the  flesh  was  all 
divided,  and  the^w  left  naked.  Another  wound 
divided  the  right  side  of  the  nostril,  and  made 
an  oblique  cross  over  the  wound,  and  ended 
near  the  right  under-jaw. 

8erj.  Seiby,  Was  his  nose  slit  f 

Sturg.  Yes,  Sir,  the  nose  was  cut  from 
without  into  the  nostril ;  the  edge  of  the  nose 
was  not  cut  through,  but  there  was  a  cut  or 
slit  in  the  nose  that  went  through :  I  sewed  it 
up :  It  was  indeed  but  with  one  stitch  :  it  is 
yet  visible,  and  the  nose  was  cut  through. 

Serj.  Selln/.  Were  there  any  other  wounds  f 

Sturg,  There  was  another  deep  wound  under 
his  chin,  that  reached  from  one  jaw  to  the 
other.  There  was  another  wound,  which  began 
at  his  chin,  crossed  the  left  under-jaw,  and 
tended  towards  his  ear.  There  was  also  a 
small  wound  on  his  left  cheek,  another  on  his 
upper  lip,  and  another  on  his  lefl  temple. 

Herj.  Selby.  How  many  wounds  had  be  in  all  P 

Sturg,  Seven. 

Herj.  Selby,  Do  you  think  there  were  seven 
distinct  wounds,  that  had  seven  distinct  hlowaf 

Sturg.  I  take  it,  that  every  one  of  the  seven 
wounds  had  a  distinct  blow. 

Sen.  Selby.  With  what  instrument  did  yon 
apprehend  those  blows  were  given  ? 

Siurg^  It  was  cut  so  clean  that  1  thought  it 
was  done  either  by  a  knife  or  razor. 

L,  C.  J.  Let  the  jury  aee  Mr.  Crispe's 
wounds. 

Then  bis  face  and  wounds  were  shewn  to  th» 
Jury  for  their  observation. 

Serj.  Branthw,  Swear  Charles  Willet. 
(Which  was  done  accordingly).  I  think  yon 
are  a  constable  in  Bury  St.  Edmonds  ? 

Willet.  lam. 

Serj.  Brantkw.  Had  you  any  occasion  to 
speak  to  Woodburae  concerning  this  matter ; 
and  what  did  he  sayP 

Willet.  I  had  a  warrant  from  alderman 
Wright  and  Mr.  Serjeant  Reynolds  to  appre* 
bend  Coke  upon  Woodbume's  examination. 

Seij.  Branthv,  The  question  asked  vou  is, 
what  you  know  of  Woodbume's  conhissiou, 
and  what  he  said  to  you  about  this  matter.' 

Willet,  After  Woo<lburne  was  committed,  I 
was  with  him,  and  asked  him,  whether  he  was 
concerned  in  the  wounding  of  Mr.  Crispe? 
Ue  told  me,  Yes,  he  was.  1  asked  him  how 
long  Coke  staid  with  him  ?  He  said  that  he 
had  struck  Crispe  three  or  lour  bloivs  before 
Coke  left  him. 

Serj.  Brunthw.  What  else  did  you  ask  him, 
or  did  he  say  to  yon  ? 

Willet.  lie  told  me,  that  he  was  walking  up 
and  down  in  the  church-yard  when  Coke 
whistled  to  him,  and  that  on  that  signal  he  went 
up  and  assaulted  Mr.  Crispp. 

Serj.  Branthw.  Did  he  give  yon  any  ac- 
count how  long  and  where  he  waited  befbre  the 
fact  was  done  i* 

Willet.  He  told  me,  that  he  was  desired  by 
Mr.  Coke  to  be  up  and  down  in  the  church- 
yard about  nine  o'clock  that  night  \  and  that 


m 


8  GEORGE  L       Trial  nf  John  JVoodbumc  and  Arundel  Coh^ 


f  R  cold  oierbt  Coke  v:ive  bim  a  botlle  of 

dyf  and  toM  hitn  he  cuuld  not  telt  whtt 

lime  Cmpe  woultl  c<iiiie  Nimhv,  but  desired  linn 

'^lo  be  reudy,  mid  lo  fttay^  ttri  ii  be  ne^er  !iO  toii^* 

Scij.  Brant hw.    Did   be  teli  you  wttb  what 

iDBtriunent  be  did  it  f 

H'i/ii'i.  He  told  me^  he  did  it  with  an  botik 
•  hih,  that  wan  nt*  w  if  round  for  I  be  purifo^e, 
pd  I  hut  it  wa^  in  hm  house  at  tb<'  Hi(lit  hund 
TiOl'  bis  door.     1  wrnt  aceordiu^  to  bi^  direction, 
^Snd  found  it,  and  broug-bt  it  to  hiin  ;  ami  he 
aid,  that  was  the  book^ — The  hook  I    bare 
ou^ht  with  me,  umt  this  la  tbe  bouk  tfiut  I 
FliavPDOW  in  my  baud. 

Hr.  Haby.  Call  WiHinm  Weiberel.  (Who 
fmti%  sw»m.)  Gi?e  my  lord  and  the  jury  an 
|ttCCount  nbal  you  knuw  of  thi^  matter^ 

Weih^reL    \  am  the  (fjinler  ;    and  ibe  day 
liifter  Mr.  Coke  was  committed  to  me^  about  fite 
ntntite«  after  one,  be  sent  for  me  up  into  bis 
Jtliamber,  where  his  wife  was  cryinsT  and  in 
preat  disorder,  as  be  seemei)  to  be  hkewise. 
She  was    desiring^   htr   hntiband  to   discover, 
i^hen  lie  came  to  bimsetC  be  tobl  me,  that  lie 
and  Woodburne  had  bad  a  design  to  murder  Mr, 
brispe,  and  hud  attempted    u  several  times  \. 
land  desireil  me  to  g^o  and  *!epvire  Woodburne. 
\^  went  to  tbe  alderman,  and  told  tiim  <>f  it,  and 
I  gSive  me  tbe  like  ordersi«     Coming  from  the 
'Alderman  1  met  Mr  Coke's  man,  who  a»vked 
me*  whether  I   had  fouiul  him  f    On  which  I 
asked  bim,  who^  and  uhat  he  meant,  tbinking 
bitn  to  be  i|^noratit  of  bis  master^!*  confessiuii  i 
but  be  told  me,  that  his  master  bad  dUcoiered 
it  to  him,  and  had  aewt  hira  to  take  up  W^ood- 
btirne.    Whilst  we  were  talking,  we  saw  Wood- 
burne commit  up,  and  we  desired  one  Jotin 
Carter,  a  smith,  who  was  shoeing  a  horse,  to 
assist  ui  ;     which  he  did^   and  we    aecureit 
Woodburne. 

L,  C,  J,    Did  Mr,  Coke  confesi  any  thin^ 
t  you  conceruiug^  this  fact,  and  ttie  manner  of 
^  doiflff  it  ? 

Welh,  Yes,  my  lord,  be  did.     He  told   me 
teferal  times,  that  he  had  n  design  to  niunlipr 
Cri«i|)e,  nnd  that  be  employed  Woodbtirtie,  und 
deltvet ed  Cri»pe  into  his  hands. 
t,  C.  /.  Did  be  tell  you  thai? 
Weth,    He  did  tell  me  so :    he  totd  me  al^, 
that  it  was  done  with  an  hook  ;    and  that   be 
bid  Woodburne  lo  cut  bis  weasand  or  wind- 
pipe ;  and  that  if  VVorHlhtirne  had  not  been  a 
cow 'hearted  do^^,  he  would  buve  so  done,  and 
M!ure<i  Criape  from  tclbuir  taltt. 
Mr.  Hah^.    Did  Coke  lell  you  what  means 
Ike  used  to  do  ibis  to  Mr.  Crt^pr  f 

Welh,  He  liaid^  that  he  called  him  out  of  bis 
'  liouse,  went  into  the  chmcb-yard  Hiih    bsra, 
and  there  be  delivered  him  iiito  Woodhurne^s 
bands. 

Mr.  Rahy*  Did  he  fay  what  signal  was 
^tf  en  ? 

Weth,  Not  that  1  reoipmber  ;  but  he  said, 
that  Woodburne  was  pluced  there  by  bis  ap- 
pointment* 

Mr.  Rabif,  For  what  design? 

With.  With  an  mteut  if*  murder  bim.    Wbca 


Woodburne  struck  him^  Coke  aaid,  b«  weal 
away  immediately. 

Mr.  Ratfi/,  What  have  you  heard  Wood* 
burue  say  concerning  this  fact? 

Wtth.  J  have  heard  Wooiihume  say,  that  he  ' 
and  Coke  had  lain  in  wait  lieveral  times,  uad  at 
several  places,  to  niurder  Mr.  Crispe.  J 

Mr,  HuOif.  Did  Woodburne  p?e  you  rnnf  I 
account  what  he  did  at  tbi^timeto  Mr'f"  * 

IV^th*  Ves,  be  did;  be  said  that  t^ 
biin  a  blow  with  bin  hook,  and  that  niafiiiiEr  « 
strikiu«f  htm  duwo^  be  s^are  bim  a  second  hWw|  I 
svhich  did  ;  and  that  Crispe,  as  be  was  fatltfi^,  I 
(^ho  was  never  used  to  swear)  cried  out,  G<mI  ' 
damn  bim  ;  anil  that  tlien  it  went  to  hiii 
heart  to  think  tbnt  he  should  kill  a  man 
an  oath  in  his  mouth. 

BIr.  Raby,   Did  be  aay  he  gave  hini  sen 
blows? 

TfVfA.  He  said  be  gfave  him  several  bl 
and  that  ht^  thought  he  Vfrmt  dr^ad. 

Mr.  Lee.  Call  Rfibcrt  ^loon.  (VVho?i]tp«ai 
and  was  sworn  )  Wiiat  do  you  know  of 
matter  ? 

Moon.  AVben  I  heard  what  hspptn^i 
Cris|»e,  1  said,  I  kntw  the  person  who  dii 
or  the  person  who  einpk>y*?d  hitti  to  do  it  j 
the  reason  was,  bi^cause  three  vearR,  or  ll 
years  and  a  half  ago,  Mr.  Cote  sent  f»»r  me^ 
and  suid  to  me,  at  tirst  I  thought  it  to  bo  iu  a 
jestii»ir  way,  that  he  wished  Mr.  Crisps  out  of 
ibe  world,  be  was  a  pfood-for-noibintj  felloit  ;' 
bis  wi(e  had  a  trhk  of  playing-  away  bis  estate^ 
and  he  wished  somebudy  viould  knock  him  oa 
tiie  liead.  81  r,  said  t  to  bim,  what  adrania^ 
«\ould  that  \}p  to  you  f  lie  shook  his  bead,  ami 
said,  a  very  g"oo<l  csiate.  HM  I,  1  tboLic*fht 
Crispe  bad  out  a  i«maU  estate.  Yes,  said  he,  a 
very  good  one.  Thtn  )  hey^an  to  think  ther* 
wassonje»hingin  it :  after  some  little  timp,  said 
hp,  I  do  not  Tflhie  ten  or  twenty  (^'uineas  to 
knock  him  on  the  bead.  'I'ben  1  heg^an  a  little 
to  reflect  that  lie  shoubl  have  such  on  <!ft[niuri 
of  me,  that  [  sbould  be  such  a  sort  of  a  p  rsfm, 

Mr.  Lee.  What  then  did  yon  say  to  hiui  :* 

Moon.  I  told  htm,  that  f  would  not  kiU  the 
j^reate&i  villain  lu  tbe  world  for  ten  such  towDf 
as  Biiry« 

Mr.  Lee.  What  did  lie  say  afterwards  ? 

Moon.  I  do  not  remember,  1  liave  forgot  if 
there  was  any  tbiogf  else. 

Mr.  Lee.  Row  came  you  fo  remember  this? 

Moon  When  I  heard  of  this  fact  committed 
om  Mr.  Crispe,  tbtn  tt  came  fresh  into  mf 
memory. 

Serj*  &%.  Call  John  Carter.  (Who  ap- 
peared and  was  sworn.)  What  trade  are  you  ol? 

Carter,  A  blacksmith. 

8erj.  Selby,  Did  Coke  at  any  time  seod 
Woodburne  tor  you^  and  what  past  thereon  ? 

Carter.  On  the  Friday  before  New-y ear's* 
dity  last,  which  was  on  u  Monday,  Mr.  Coke 
sent  Wood  I)  II  rue  to  me  v*ho  told  me  his  master 
Coke  wanted  to  speak  with  me. 

Serj.  Setby.  Did  you  ^? 

Carter.  Yes ;  J  went  lo  his  hoisse.  and  he 
ordered  me  to  come  up-to  him  io  bis  chamber. 


Jar  ditfiguring  Edward  Critpe. 


A.  D.  1728. 


l&i 


mm  wtnm^  norsr  u^oirry  ht»  weight 
l^Mm^kmm  oimty  oue  ibeo  ;  but 


tip,  he  li)TtJ  rnrtliHt  he  waoled  a 

S^mm^  liorsr  u^oirry  ht»  weight.   J  tolU  iiim 
wHkoiiw  ofmoy  oue  Oicd  ;  but  when  I  Jirl, 
;  he  Buid,  Bv 
iiear  you  batre 
m^^  ,  you  hav«  lyoL  no  iron 

wmm^^^  «iiil  ^  oy  art  iih  ild  of  a  gaol;   1  have 
%  dMK  IMW  In  a^iliiiiuD  UiRt  mil    make  a 
IttiA  W*  foo  a«  lori^  aa  you  tlve.     1  s^U   1 
^mMht  terv  |riii»i  of  ihai.     8iii(l  he,  tun  you 
Vs^  ^^trrtf    Ves^  said  t,  aa  well  as  aoy  one, 
%^«rw»j«df  and  inv  IHrnd»     Said  he,  ca« 
"^  kf)i  «•»•  lif  liiM  liiif^vflt   B€cr(*ts  io  ihe 
mdi  ?  i  totii  1 .  1 1  as  any  Imfjr.     8aid 

h^j^mm^  prt-r,  i  mdeln/aiul  it  you  will 

mm  at  di  ibm^  i  can  make  a  msin  oi  you  iis 
l^»  foti  lir«  :  do  som  ibiuk  you  could  cut 
fveviv  ii>m's  h«>aifM  ofT  without  scruple  of 
^  "  »  ?  1  lold  him,  No ;  it  was  loo  mych 
9%  mmaL*%  cmucivnve  to  bear.  Said  be,  W  hat^ 
lis  oT  i*0ii«cieace  to  do  a«ch  a  tbiocr  as 
-r-  above  who  have  done  ten 
t»0!i«,  Sir,  $aid  f,  you  mean 
A0immk'tM^i\  grniiemen.  Yes,  said  he,  so  I 
%;  Mj  bate  ruined  fumtUcs,  aud  be^^^rared 
Iftdaoam  r  to  cut  men's  heads  off  h  hut  a 
ttAe  to  tiieru,     8aid   [,  Mr.   Coke,  I   believe 

C^(^t».K  in  if.L*    by  ivay  of  merrimeut. 
■«.  ^^  I  ink  I  "sent  for  you  by 

Saf^'A^  I  I  could  not  do  any 

llMiiir.      i  !  lie,  do  you  think  you 

^  cat  aa  cK>^  ad  without  scruple  of 

mmmmtct  f  I  i«»hl  him,  No.  Then,  said  be, 
i  ym  canH  cul  off  a  man's  bead,  and  lay  it 
Ait  spoil  tbe  table  Ucfure  oie^  you  are  not  for 
my  mm ;  C>o  Ihut  he  (ctciied  a  bottle  of  brandy, 
I  Ave   :  or  tivo,  and  then  liaid  to 

^Carlrr  have  you  go  home,  and 

r  ii4  II  lut  iHo  or  ihree  days,  and  if  you 
Inff  a  Qtoii*!  bead  without  scruple  of  con- 
jofi  tliall  have  plenty  of  gold  and  ^il* 
]  to/  lliiiiff  elve  you  ask.  1  told  hiru^ 
laa  coaatokratioit,  for  I  could  not  do  it. 
T^Bi^  wud  l4c,  Muil  Wood  burn  e  Io  me*  And 
*1  went  mtU  1  ^:iiv  W  oodburne  at  the  door, 
aailMsil  btDi  iff  ke* 

tmj,  Sclly.     *  ly  any  things  eUe  to 

iaa^«r  any  Uuuv'  uUmii  \!r.  Cnspe? 
ij4^gi€r.  1  bf  e  laa  houiut*  of  Mr»  Crispc^s,  and 
I  bftil  btan  formerly  bis  steward,  and 
acied  under  him.     And  Mr.  Coke 
bisanl  my  bo«jae  was  out  of  repair, 
M  be  liu  ajicr  Ulr.  Crisped  and  v^he- 


lik< 
ba  bail 


Tur  iiioi  to  keep 


and  4mli^99f  b) 
Lgioa*  f»utt  h- 
ij  ao^  the  nta >' 
aait  ibai  ' 

aad  abitivi 


sta- 


ijtMc  (for 

by  their 

r  ac- 


>   to 
(«1  Uuf  yU%utf«  :  aisd 


therefore,  Gentlemen  of  the  jury,  we  cannot 
doubt  but  that  you  wilt  iiiid  them  botli  iruihy  ; 
and  that  your  verdict  and  their  couiiciioo  fvill 
be  with  lb e  suffrage  of  all  mankind. 

Mr.  R(tb^-  My  lord,  having-  ij^one  ihroujfb 
our  evidence,  you  will  now  permit  me  to  make 
some  few  observatious  upon  what  has  Iwen  of- 
fered, and  from  which  we  humbty  apprehend  it 
will  most  clearly  appear,  that  we  have  fuUy 
proved  and  iim*1e  out  every  thing  ncce«»ary  to 
maintain  this  indictment. 

My  lord,  it  must  be  agreed,  that  ibis  is  an 
ofleoce  created  by  a  particular  n(^  tJ7  tiAvVm* 
meat,  usually  calleil  sirJtdmC^  ct^ 

made  on  the  occasion  of  the  lii^  nuf 

usage  be  met  with,  to  punish  thRt  otfence,  and 
to  prevent  the  like  Ibr  the  future:  anti  1  aUo 
agreei  that  the  prisoners  miist  apiH-ar  to  be 
guilty  of  those  very  facts,  which  by  that  act 
are  made  felony,  or  otherwise  they  cannot  be 
punished  by  that  law.  But  we  Immbly  appre- 
bend,  that  when  that  law,  and  the  evidence 
which  has  been  given  against  tlie  prisoners  arc 
considered,  they  will  appear  to  be  guilty  with- 
in the  express  words  ot  that  law ;  for  which 
end  1  beg  leave  to  mention  that  act,  which  is 
the  22  and  2S  Car.  2,  cap.  1,  the  wordii  are 
these ;  ^^  That  if  any  person  or  persons,  oa 
purpose,  and  of  mahce  fore-thougnt,  aud  by 
Iviog  in  wait^  shall  unlawfully  cut  or  disable 
tne  tongue,  put  out  an  eye,  shtthe  uose,  &c. 
with  an  mteotion  in  so  doing  to  n>aim  or  disfi- 
gure, in  any  the  manners  before- mentioned » 
the  person  or  persons  so  offending,  their  coun- 
ctellors,  aiders,  aud  abettors  (knowing  of,  and 
privy  to  the  offence  aforesaid)  shall  be  felons ^ 

From  this  cl&uie  it  appears  the  offence  must 
be  done ; 

1.  Of  malice  fore-thought, 
3.  By  lying  in  wait. 

3.  Bj^  slitting  the  nose,  &c. 

4.  VV tth  na  inteutiou  to  maim  or  disfigure* 
And  we  humbly    submit  ir,  that  from  the 

e?idence  which  has  been  given  against  the  nri- 
sonerSy  it  most  plainly  ajtptar^,  thattlic  deki^* 
dan ts  are  guilty  of  this  offence  in  c^  ery  Cir- 
cumstance described  by  thiii  act  ol  pi^rriiituent. 

1.  For  certainly  there  cannot  In-  tlic  Irani 
question,  but  that  ibis  was  done  ot  re- 

thought, when  it  appears  from  the  lo 

have  been  under  consideration,  and  prLUiedi- 
tated  for  three  years  and  an  half:  and  Mr* 
Coke  had  tried  several  persons,  before  he  couJtl 
find  any  so  hardy  as  to  execute  bis  ba»e  pitr* 
pose,  or  comply  with  so  inhumnu  ^"  -"  pi; 
and  therefore  we  apprehend  th*i  l*e 

uny  colour  to  say,  tnis  was  not  of  i**.*.*^^  ..;ۥ 
thought. 

'J.  And  that  this  offence  was  also  done  ivttb 
VI ait  is  as  clear:  for  docs  it  not  fully 

;  ii]H>n  the  evidence  of  Mr.  Crispe^  that 
when  lie  fiame  out  of  Mr.  Coke's  bouse,  Mr, 
Coke  gave  a  whittle  or  signal  ?  In  vain  had 
Mr.  Coke  giveti  that  «ignaT,  if  no  per»oii  bad 
been  in  woitiuj?  to  have  hcanl  it :  to  whol  end 
had  tbit  figual  been  given,  U'  Mr*  Cake  ba<il 


I 


GEORGE  I.       Trial  of  John  JVoodhume  and  Arundel  Coke,      [79 

I      L.  C,  J.  Have  joa  anj  witDetsen,  or  iny 
body  to  speak  fur  you  ? 

fi'oodburne.  My  lord,  here  are  my  twodao^- 
ters  in  llie  Court ;  I  desire  yonr  lordkhip  wouM- 
be  pleased  to  hear  tbem,  Xiin  Woodbnfrie  aod 
Sarah  Woodburne.  (Who  beings  caDed,  ap* 
peared,  and  were  sworn.) 
L.  C.  J.  What  say  you,  Ann  Woodbwroef 
Ann  Woodburne.  On  the  Wednesday  belhM 
New-year's- day  Coke  sent  for  my  ftither  bjr 
bis  boy ;  I  told  the  boy  my  father  was  in  bed, 
and  sick  of  an  ague,  and  could  ont  come.  Th« 
boy  came  afs^n,  and  said,'  my  father  must  by 


1^  ■ 

IJi. 

1    !•>.< 

...-. 

* 

s. 

acci. 

3. 

:«r  vou  iiani  sciven  him  those  se- 

^  \  -or  iioiik/^vhat  did  you  nexl? 

?es$ju  immediately  to  reflect 

•^  .  /^c.  i.x\i  went  away  forthwith 

.  .fiac.  «  uere  1  was  about  to  take  a 

^   ^  «  ac<f . 

•  ^a    .  s  -.eer.    )r  rudiolenance,  or 

«tf     juictnwuc  or  information 

..^^r     !«r  ^;«l'«iHiaiit5  jointly  and 

«     .44s.    '  MiMii    euotudiferunt,  et 

.^  .  o«.^iVic;  '  jr  *'»|uod  aspor- 

..  m^  «. Clique  ^>fMiiavit  ;*'  or  may 

.-,i\    'uiv.  .viihout  charging 

^«.^i«a«   t.  suiiicieuthr  apjicars, 

>^    «..,u  .1  a»». '.tadi  r  ibey joined 

u.<t  *  i   h:  im:h  of  them 

.     «..v«.  i  <>itow!fv  cbax  on snch 

,».  »..»;«;  d  M*iiiv  v>f  ihe  defen- 

^w.t.iLU.  -.au  >uitfr»  convicted  ; 

-.*>    .1    iH;  jiiaix^  &s  several 

%«N«.i    itf  «*uu:^  H  it  purport 

''«     .ivu^v  ijoict^  doth  not 

V  w.u  4Ci  if  dll  the  de- 
.^  ^..«.*:  ict  vuitfd  with  some 

..     v:.  .1.    .cicci  JT  omission  of 

..tv»h    tjicti  it  would  be  no 

.  .-.   j[^   t    oiui  imde  without 

>.  .;.    .«u>  t|t^r\uKtit'ship  re- 

.^. ...<.,    1  » oivti  ott«e  it  must  be 

v<.     .  «-ii^«i  '.iduVr  which  must 
....«    .««;  *}i  HHNU  way  offend 

»«  ...   ux.  .ti«;  jumts  not,  the  in* 
..  .  ...;v*u  .ua«i  ^'baripv  ihem  se- 

.:«>  V  .    'Uk   :t  is  absurd  to 

.%.v.  VwAU3tf  ih«*  olfenoe  of 

.     .     .».,>    iwoA  k  avfivc  pecidiar  to 

,    .«     tv    i^v  'cdiM^u  a  joint  in- 

^  ■  •«..«,  'CI  :it>i  lepairiog'  the 

^^.sM..-^^  ^vuti  iMi'nuuashed." 

N^^  ^^-    j«,  ^.M>,  one  reason 

!w.cu^%uibi   cannot  be 

.^, •>.  ;i«,'ijur\  is,  that  the 

v     »4i   Vi'*.^  ^^  ''^'^  evidence 

.^wuiui  oue.     I  recollect 

^. .    *%tWiM  tried  toother 

V  ^vk.uoi  All  J  experienced 
vv  .»««Atly  statetl  in  his 

..» ,>«4.i%>uly  *f  the  evi- 

V  .vic  to  both  the  pri- 

,    ^. ..  -t.^  •.I.C4I,  nhen  thejii- 

, ..    .•  .a  .1  %«:»dici  of  guilty 

-.   ?^  ^.ca*^  w  to  the  ground 

"    ,  \  .%H,  5  a|»|»o»red  that  the v 

.(^^j^X^ti    ••»»*««.•»  the  whole 

*  ^    ^,  ,.;«»  tariiitir  insttruction, 
• '/*  .^s  jiihI  convicted  one 

**        >...^  '^M^ry,  and  Saver, 

^  '-^    I't*  w^aiutfiit.  (qu.  com- 

"^S^a,       .  ,M<  that  anv  man, 

^^^^'       ,j|  r»»»^»**  in  the  same 


all  means  come ;  but  he  wooM  not  then  go'; 
but  he  went  to  him  on  New -year's- day  m  tb*. 
momiAg,  and  came  home  again.  Aboat  five 
or  six  o*ck)ck  in  the  evening,  my  father  weal 
ont  with  a  hook  in  his  hand  ;  arid  he  sakl,  he 
should  not  be  at  home  till  eleven  or  twelve  at 
night ;  and  if  any  body  came  for  him,  he  bid 
us  not  take  anv  notice  but  that  he  was  at  home. 
We  thought  te  took  the  hook  to  cut  some 
wood  with. 

L.  C,  J.  Have  you  any  thing  more  to  say  f 

Ann  Woodburne.  When  my  mother  died,  I 
went  to  Mr.  Coke's  to  borrow  5s.  of  him,  to 
have  the  c^reat  bell  toll  for  my  mother,  and 
told  him,  that  my  father  would  pay  him  again. 
He  said,  what  signified  the  ringing  of  the 
great  bell  ?  Her  soul  would  be  never  the  betttr 
for  it ;  but  if  he  will  satisfy  me  in  my  request^ 
be  shall  have  five  times  five  shillings. 

L.  C.  J.  Whot  say  you,  Sarah  Woodbaraef 

Sarah  Woodburne.  Coke  did  frequently  send 
for  my  father  at  all  times,  b<}th  of  day  and 
nijrht ;  and  he  would  often  come  to  my  rather, 
and  when  lie  came,  they  would  go  out,  and 
walk  down  the  back-side,  and  talk  together. 
After  this  fact  was  done,  Coke  sent  his  boy  f&t 
my  father,  and  the  boy  snid,  they  must  not  go 
together ;  for  if  they  did,  people  would  Ukf 
notice  of  them. 

L.  C.  J.  Woodburne,  have  you  any  thing 
more  to  say  P 

Woodburne.  This  day  nine  weeks,  which 
was  a  week  after  the  fact  cominitte<l.  Coke 
sent  for  me,  and  said,  John,  1  wish  yon  wonid 
have  done  the  thing  1  ordered  yon  ;  hot  yoe 
have  been  before  alderman  Wright  and  the 
recorder,  and  have  told  your  story  well ;  hot 
bold  you  fast,  they  will  examine  you  again ;  1 
shall — 

L.  C.  J.  This  is  subsequent  to  the  fact,  and 
is  not  evidence  as^ainst  Coke.  If  you,  Wood- 
burne, have  done,  then  Mr.  Coke,  what  baft 
you  to  say  for  yourself? 

Coke.  Way  It  please  your  lordship,  1  an 
much  ashamed,  and  very  unable  to  defend 
myself;  I  am  ashamed  to  think  1  should  be 
concerned  in  so  heinous  a  crime  against  Mr. 
Crispe's  life  ;  I  am  even  confoundeil  at  it ;  it 
is  indeed  a  very  great  crime,  and  !  know  not 
what  to  say  for  myself.  As  for  Woodbnmo^ 
he  hath  asserted  against  me  several  things  tint 
are  false. 

L.  C.  J.  1  hare  told  the  jury,  that  whnt  kp 
bath  said  is  no  erideoce  against  you. 


Jor  di^lgftnng  EdxxHtri  Crispe, 


A.  D*  1722* 


fCdbr.  Wli«0  1  fk«l  rnkt  «f  this  matter  t/i 
b«  Mtl,   be  ib^d  value  it  do 
«M»  tiMB  Ilie    ritttiiif;   off   tKe    head    of  a 
^.    I  M,  kd^^d^  n^o  o«ft  wiih  Mr.  Crispe 
tteoi^lil,  tHii  1  WA* H«H  near  him  vrben  Wood- 
ymwm  mwdk  hkai,  bui  rrtrt^ated   to  my  own 
l«w  m  *  tmommuL     My  lard,  1  am  rery  sen- 
iiirikift  a  fwiiit  ^  law  may  arise  on  the  sta- 
MiK  «Wr«B«  1  am  mdicted. 
LC  i  Wh^trvmf 
Cskm,  liAli  reMpvol  to  my  inienlion. 
1.  C  /.  Yoor  loMimoD  is  matter  of  fact, 
bjj'  T^rr  f-rr  ;  whether  yoor 
lar  *^j  thii  doth  not 

mr  lo  l»t*  f  '  .  Uvv  ;  if  there  be 

«ff«ftlafla>^  »ri«Cf  you  shall  have 

§fm^  ;    i    .  rfiil  whether  you  slit 
Hi  wiiH  an  intcotion  to  disfigure 
laMilitfffart. 

Mjr  ialmt  was  to  tiill  Mr,  Crispe,  and 
■:»Tm   «r  tfffflgiMre  him.* 

'  '  MS  the  question  ihe  jury 
V  au  did  not  ot'  Dtalice  sht 
k«*»-5^  wtih  jii  latent  to  dt^6^re  him?  If 
li*/m  do  ocil  Hud  ihut  yoit  so  did,  yw%  must 
W  ^mfguMt^  Oil  iht«  indidftient.  Hopposing- 
'  iif«  f«^SA  lo  kiUp  yet  your  de«i^  might 
wtm  to  niBim ;  and  this  the  jury  must 
of  fact  for  thtirconsi- 


C^e.  "niii%  it  m  twy  peool  rtatute,  and  I  nm 
■^  It.  ^Am-utl  nt*^  Abvii  eause ;  I  beg  your 
•4i  iiseL 

4'  '  I  f  taw  doth  arise  upon 

il  ttauiir,    yms  fthail  hare  cmtiisel ;  but  aa 
M  n'Hhitisf  ^^^t  matter  of  tact  ;  wbe- 
tike  I5act  [*TOfed  doih  «itrjfporl  the  charge 
riMi«rtniefit  ;  or,  in  other  words,  whether 
n^mnb   lit-  t  ui  make  ^ood  the 

^m^  •  thm  fTM  to  ihe  jury  ;  I  will 

■^  J  ii»  ill  Hi!,  and  ibey  are  on  their 

Mp  >  thdr  verdict, 

CI»U.  I  iii«  i«  a  very  penal  alatute,  and  f 
aaaac  mwigita  it  for  myWlf ;  1  hope  your  lord- 

<>n  thiif  luhject,  «ee  Haw- 
.  ..  -.  -,  i,t  Crown,  book  1,  ch,  S5, 
e,  ^  I  (»oo  thia  CaiM*,*'  tay^  Mr.  Eaal 
Lftw.  ebap.  7,  tfct.  Ii )  '*  Mr.  Justice 
■errrd,  ihul  il  seemed  to  him  that 
>aiai  of  thi4  defence,  ullowin|r  the  in* 
I  H>  lir  what  I  he  prisnopi^  contendefl,  was 
^AehuI  ;  aii4l  that  an  intrtaton  of  violence 
ifctuiiiiiual  and  malignant  could  not  exctise 
^mimm  otte  tliaf  wa4  le«a  so.  Vet  on  the 
••  ■  am-   «*f  i!  1  00  Carrd'fl  Caae, 

W^S.  «f}.|  \  v|kfea8ecl  tome  dtssci' 

M^MI  wiib  Uiki  rnte,  nud  tbouglit  at  Icait 
telWoMiatnicikm  onsht  not  to  be  carried 

ii^ar.**    Lftf»i  H-  ' '         -     '   i  T.-,  Ihatcri. 

^aliUUile*  •!  hy  equity. 

Mm  i^aii ife^  i-...;  .*...;...  k„  i^,.  |*artof  the 
Mm  b  diradiiif  the  jury  did  L.  C\  J.  Kintf 
tf^B  M  ^.f^fCr^htr   ii>  thii  iuvt-    Mm>  reasiiniiicf 

I  lhe!ii):lh 


rl 


»hip  will  astt^n  mo  counsel ;  thia  is  tho  first 
indictment  tliai  over  wna  upoii  Ihts  atatiale. 

£,  C.  J.  ^Vhat  do  the  king'H  counsel  sst 
to  fi  ? 

Seij.  Sflhy,  After  so  full  an  answer  as  your 
fordship  haii  g:iveD,  I  think  il  but  vain  to  say 
any  thing ;  I  a)  way  a  ibought  that  no  matter 
of  law  could  arise  upon  thia  fact  and  indict* 
meot,  for  Woodlnirne  did  the  fact  of  malice 
forest houyht,  by  lywi|^  in  wait,  and  with  an  \n* 
tention  to  maim  ;  Mr  Coke  was  aiding^,  abeU 
ing,  and  privy  to  the  fact :  therelbi-«,  ihougit 
il  waa  ao  intent  to  kill,  it  must  be  to  maim 
also  ;  he  could  not  intend  to  kilt  him  with  such 
an  instrument,  without  intending  to  maim  bim 
ftrst;  and  therefore,  if  their  were  two  in  tea* 
tioos,  and  but  one  executed,  there  is  bo  pre- 
tence to  say,  that  what  was  executed  was  oof 
intended.  Mr,  Coke  says,  that  never  was  any 
iod ictra en t  before  upon  this  slalule;  if  not,  if 
must  be  because  no  nmo  before  ever  thought  of 
being  guilty  of  ao  horrLil  an  aclicn. 

L.  C^  J,  If  any  point  in  law  doth  arise  you 
shall  have  counsel :  hut  the  fact  must  be 
agreed  and  stated,  before  the  law  can  come  iit 
debate.  You  say,  your  intent  was  only  to 
murder ;  but  that  is  not  yet  agreed  or  found 
to  be  the  fact :  it  is  the  point  now  in  trial, 
whether  you  did  it  not  with  an  intention  to 
maim  or  dj!ifi^:ure  ^  and  according  as  that  in* 
l^ntioD  shall  appear  to  the  jury,  so  will  they 
either  acquit  or  convict  you  ;  therefore,  if  you 
have  any  Ihiiftg  more  to  say,  1  desire  you  to 
go  on. 

Coke.  I  submit  to  your  lordship's  judgment, 

Ir.  C*  J.  Gentlemen  of  the  jury,  this  is  an 
indictment  of  the  prisoners  at  the  bar,  John 
VVoodburne  and  Arundel  Coke,  tor  fek)»y,  by 
lying  in  wait,  and  purposely  and  maliciously 
slitting  the  nose  of  Edward  Crispe«  with  in* 
tention,  tn  s*>  ihing,  to  maim  or  dii»figui'e  the 
said  Bdward  Oispe,  John  VVotMlburne  ta  in* 
dieted  for  the  principal  nctor,  or  Ihe  person 
who  did  till*  fact ;  and  Arundel  Coke  is  in^ 
dieted  for  being  present^  aiding  and  alietling. 
This  inditlmenl  is  ffjunded  on  a  statute  made 
in  ibe  *2'ln*^  year  of  king  Chsrifs  tlie  itecoud^ 
entitled.  "  An  Act  to  prevent  uiidiciuus  maim- 
tiig  and  wouufling  ;^*  wherr by  it  is  tTiacted,  thai 
if  any  pf  rs<m  or  pei^ons,  from  and  after  ihe 
a4th*day  of  June,  in  the  year  of  our  Lord 
1671,  on  purpi»se,  and  of  malice  fore-thought, 
and  by  lyingr  in  wait,  should  unlawfully  cut 
out,  or  disable  the  toogne,  put  out  an  eye^ 
iitt  the  no«f»^  col  off  a  nose  or  lip,  or  disable 
Muy  hmb  or  memlier  nf  any  suhjectof  his  ma- 
j«^tyt  with  in  lent  ion  in  so  d'*ing  to  maim  or 
dintigure,  in  any  the  manners  before-mentioned, 
uiich  his  raoji^ty*«  subject,  that  then,  and  in 
every  such  cuse«  ihu  persnn  or  ptTSons  so 
olfen (ling,  their  rounuellors,  aiders  and  aliettors 
(kiioMiog  of,  and  privy  io  the  t>lfence,  as 
Jilores^rtid)  Minti  Iw.  an* I  are  thereby  drelarpd  to 
be  telons,  and  shall  suffer  im%  Ui  cases  of  felony, 
w  ilhout  benefil  of  the  clergy.  Now  the  ques* 
tirm  on  this  indictment,  h^  whether  Johit 
\^  oodbume  did  on  purpose,  aod   of  maltioa 


^ 

^ 

% 
» 


71]  8  GEORGE  L 

L.  C.  X    After  yon  had  given  him  tho^e  »e-  i 
Trral  lto\^'s  with  your  hook,  what  did  jdu  ntxi?  ^ 

Woodburne.  I  began  immediately  to  reflect 
oti  what  1  bad  done,  and  went  iiway  forthwith 
to  my  own  honse,  wbere  f  was  about  to  take  a 
line  to  hang'  myself. 

carrying  awayofadeer^  or  maintenance^  or 
extortion,  Sec.  the  indictment  or  inforraation 
nitty  cither  charge  the  defemlanls  jointly  and 
Be?erally;  as  thus,  **  quad  custoaiverimt,  et 
nterque  eoruni  custodirit  ;**  or  **  auod  aspor- 
tav erunt,  et  eorum  uterque  asportavit  ;'*  or  may 
charge  them  jointly  only,  without  charginff 
ihem  severally,  because  it  sufficiently  ap|*eai*», 
ffOtn  the  construction  of  law,  that  if  they  joined 
ID  such  actj  they  could  hut  be  each  of  them 
g^uilty  ;  and  from  hence  it  follows,  that  on  snch 
indictment  or  information  some  of  tbedefcn* 
dant5  m fly  be  acquitted,  and  others  conTJcted  ; 
f}ir  the  law  looks  on  the  charge  as  several 
affainsr  each,  though  the  words  of  it  purport 
only  a  joint  charge  against  alL 

*«  But  where  the  oBTeace  indicted  doth  oot 
wholly  arise  from  the  joint  act  of  all  the  de* 
fondants,  but  from  such  net  joined  with  some 
personal  and  particular  defect  or  omission  of 
each  defendant,  without  which  it  would  be  no 
oHeoce,  as  ihc  following'  a  joint  trade  without 
haying'  scrred  a  seven  years  ajiprcDticeship  re- 
aitired  by  the  statute,  in  w  htch  case  it  must  be 
liie  pnrtienfar  defect  of  each  trader  which  must 
make  him  guilty,  and  one  of  them  may  offend 
a^inst  the  statute,  and  the  others  not,  the  in  * 
dictmeut  or  informilion  must  charge  them  se* 
ferally  and  not  jointly ;  for  it  is  aUurd  to 
charge  them  jointly,  because  the  offence  of 
sach  drfeodaut  arises  from  a  defect  peculiar  to 
tiim9ett«  And  for  the  like  reason  a  joint  in- 
dictment against  several,  for  not  repairing  the 
fltteet  before  their  houses,  hath  been  quashed/' 
Pleas  oi' the  Grown,  book  2,  c4j.  25,  §  89. 

In  a  Case  in  Strange  (p.  9^1),  one  reason 

assigm>d   why  severaf  defend  an  Is    cannot  be 

joined  in  one  indictment  for  perjury  is^  that  the 

jury  niii^'ht  on  the  trial  apply  to  all  efidence 

which  is  but  evidence  agahist  one.     I  recollect 

that  in  a  case  of  two  persons  tried  together 

at  the  Old  Bailey,  the  learned  and  expenenceil 

magistrate  who  presided  clearly  staled  in  his 

charge  to  the  jury,  tliat  part  only  of  the  eri- 

dence  girtn  was  ap|dicable  to  both  the  pri- 

^toners:  mnwithstanding  which,  when  thejn- 

rfoi*s,  who  had  brought  in  a  verdict  of  guilty 

rigainst  W(h,  were  questioned  as  to  the  ground 

t>n  which  they  proceeded,  it  appeared  that  they 

bad  applied  against  both  prisoners  the  whole 

t^videuce  given;  so,  after  farilier  instructiooi 

'  amended  their  verdict,  and  convicsed  one 

Facquitted  Ibe  other  prisoner.     At  the  end 

the  t.'a^  i»f  Nolde,   Naliihury,  and  Sayer, 

^toL  15,  page  731,  is  an  argument,  (qu,  com- 

[  posed  by    Einlyn).   to  jirove  that  any  man, 

.though  Joi  111  ly  uidieted  with  oihers  in  tftesame 

fnilictmeni,  may  of  right  imist  to  be  tried 

iingly. 


Trinl  of  John  Wnodbnme  and  Antndel  Coke,      {79 

L.  C.  X  Have  you  any  witnesses,  or  any 
body  to  speak  fhr  you  ? 

Woodburne.  My  loul,  here  are  my  two  daugh* 
ters  in  tlie  Court ;  1  desire  your  lonfship  wouiil' 
be  pleased  to  hear  them,  Ann  Woodbtmw  and 
Sarah  Woodburne.  (Who  being  eatled,  ap- 
peared, and  were  sworn.) 

L,  C.  J.  What  say  you,  Ann  WooiMwrtie  ? 
Ann  Wnodhurve,  On  the  Wednesday  before 
New-year*S'day  Coke  sent  for  my  Ikther  by 
kis  boy  ;  !  told  the  boy  my  lather  was  in  bed, 
and  sick  of  an  ague,  and  could  not  come.  Tbtt 
boy  came  again,  and  said,'  my  father  mtT'^t  by 
all  means  come;  but  he  wowld  not  then  .i.  ; 
but  be  went  to  litm  on  New -year's- day  m  tb« 
mornitig«  and  came  home  again.  About  fiv9 
or  BIX  n*clock  in  the  evening,  my  father  went 
out  with  a  hook  in  his  hand  ;  and  he  said,  h^ 
should  not  be  at  home  till  eleven  or  twelf  e  at 
night;  and  if  any  body  came  tor  him,  he  bid 
us  not  take  any  notice  but  that  he  was  at  home. 
We  thought  he  took  the  hook  to  cut  some 
wood  with. 

L.  C.  J.  Have  you  any  thing  more  to  say  f 
Ann  Wtxxihtirni,  When  my  mother  die^,  | 
went  to  Mr.  Coke*s  to  borrow  5s.  €»f  him,  tut 
have  the  [jreat  bell  toll  for  my  mother,  and 
told  him,  that  my  father  would  pay  him  again* 
He  said,  what  signified  the  ringing  of  the 
great  bell  i*  Her  soul  would  be  never  the  better 
f'lr  it;  but  if  he  will  satisfy  me  in  my  request, 
he  shall  have  five  lime*!  five  shillings. 

L.  C.  /.  What  say  yon,  Sarah  Wood bu roe f 
Sarah  Woodburnc.  Coke  did  frequpntly  send 
for  my  father  at  all  times,  both  of  day  and 
night ;  and  he  would  often  come  to  my  father, 
and  when  lie  came,  they  would  go  out,  and 
walk  down  the  baek*side,  and  talk  together. 
At^er  this  fact  was  done.  Coke  sent  his  hoy  fo^ 
my  father,  and  the  bny  sniil,  they  must  not  go 
together ;  for  if  they  did,  people  would  take 
notice  of  them. 

X.  C.  J.  Woodburne,  have  you  any  thingf 
more  to  say  P 

Woodbiirne.  This  day  nine  weeks,  which 
was  a  week  afker  the  fact  committed,  Coke 
sent  for  me,  and  said,  John,  I  wish  you  wouht 
have  done  the  thing  I  ordered  yon  ;  but  yoa 
have  been  betbre  alderman  Wright  and  tb^ 
recorder,  and  have  told  your  story  well ;  but 
bold  you  fast,  they  will  examine  you  again  ;  1 
shall — 

L.  C.  /.  This  is  subsequent  to  the  lact,  and 
it  not  evidence  against  Coke.  If  you,  Wood- 
burne, have  done,  then  3flr.  Coke,  what  have 
you  to  say  fiir  yourself.* 

Coke,  May  it  please  your  lordship,  1  mm 
mueh  ashauied,  and  very  unable  to  defend 
myself ;  I  am  ashamed  to  think  1  should  be 
concerned  in  so  heinous  a  crime  against  Mr, 
Crispe^s  lite ;  1  am  even  confoundeil  at  it ;  it 
is  indeed  a  very  gieat  crime,  and  I  kni»w  noi 
what  to  say  im  ujyself  As  for  Woodburne, 
he  haih  asserted  against  me  several  things  that 
are  false. 

L.  C.  X  T  have  told  the  jury,  that  what  bp 
baih  sud  is  m  evideace  against  you. 


J6r  Sffigmfttg  Edward  Crispe* 


A,  D.  1722, 


[74 


Cilr,  Wh«A  1  icit  WMkt  of  this  matter  to 
b«  wmt\^  ne  ftho«ld  value  it  no 
tliK  mctmg  off  the  bead  of  a 
d||.  I  iImI,  #mitt<4,  go  o«i  with  Mr.  Crispe 
taoiflM,  iMif  I  Wtt^MMsar  tiiitl  wlieti  Wuod- 
hmm  mntk,  hicB,  bot  n>triAiei)  i^i  tity  own 
li^M  m  •  munacflt.  My  lunlf  1  am  rer}/  sea- 
m  pnhnt  of  Iaw  may  arise  on  the  sto- 
1  min  todicted. 

Wiah  f«M«llomy  loteotioii. 

.  il  /.  Y<mr  Mrt«nlioo  is  notter  of  fact, 

1^  tned  by  ^^  /"rw  -  wWiher  yoor 

ittoanuinafi  ,  iliis  doth  not 

•iflM  lo  be  a  I  ivv  ;  if  there  be 

teCt«i«  I  AYi^,  yod shall  have 

■k    !  »mt  *fh€iher  you  slit 

'  with  an  iulcotioa  lo  disfigure 

'  #f  fad. 

My  Miettt  waj  to  kit!  Mr.  Crispe,  and 

^1        iH  the  qoestiou  (he  jury 
.>u  did  not  ut  niahce  «)i( 
■Vt-  ^  disfi^rc  him?    If 

•if/  \  f'U  so  did,  you  must 

W  M^itovi    on    ini^  luiiiL'tftienI*    Hfipposrng 

r»#«if9  was  lA  kill,  yet  your  design  rni^ht 
U#raft  to  tnmtm ;  and  this  the  jury  itiust 
^'   Mm  I*   nittiler  of  fact  lor  their  const- 

C^,  TkW  b  «  f  #fy  ^eiial  9la(Qte,  and  I  am 

«■»:«  m  plifsd  my  aim  eause ;  I  beg  your 

,N  la  a>»fcu  mc  ronnseU 

J,   If  any  p^nnt  wf  law  doth  arise  upon 

If   hare  counsel;  hut  as 

itiit  nialter  of  t»et  ;  whe- 

te  4«   tskei  Jirof  tfd  doth  sii|f|K>rt  the;  charge 

•  ^  m6m:%mmii  ;  or,  in  other  words,  whether 

'te»«5r   bt  »iflficient  to  make  ^fowJ  the 

;  tbis  Mmut  be  lef\  to  the  jury  ;  I  will 

wmt  tar  fa ^  ud  ihey  are  on  their 

Titt-^  i^  iiaI  •tatute,  and  I 

mtjptc  it  i  I  ;  J  hojie  your  lord- 

I  the  taw  opon  I  his  suhject,  see  Haw- 
»»  of  the  Crown,   UJiik    1,  ch.  55, 
.    this  Case/*  says  Mr.    Ea»t 
ii  *P   7,  scf't.  6.)  ♦*Mr  JuiTlice 
%m»  kap  nbarri  -  ncemed  lo  tjitn  that 

I  ot  *e,  Jillowinj;  the  in- 

I  la  ^  wliti^  rtiM's  conleodtNl,  was 

ami  :      .         iiiieniion  of  violence 
al  %nd  iii^h^unni  could  uot  exru»c 
mmm  tbal  wait  less  so.     Yet  on  the 
uT  ilfc  jttdgvB  on  CarroPs  Case, 
aiKf  Eyre   B.  tlprevsed  some  dissn- 
}  iritb  tj^a  case,  oud  thought  at  least 
Delicti  ou4;ht  nut   to   be  carried 
.,,v  ,-  ,  ,r,,..,\  .ft..,  ibatcri. 
I*y  e^juilv. 
^j.irt  of  the 
I  L.  C*  J.  Ktng^ 
.  the  reason intf 
jiifi  of  the  sixth 
KM  chapter  above 


ship  will  assign  me  roundel ;  this  is  the  first 
indictuieut  tliat  ever  was  up(»n  ibis  statute. 

L,  C.  J.  What  do  the  king's  counsel  saj 
to  tip 

Serj.  $rlh/,  Afier  so  lull  an  answer  as  your 
lordship  haij  ^^iven,  [  ihiok  it  but  vain  to  say- 
any  tbio|r ;  I  tilwnys  thought  that  no  matter 
of  law  could  arise  upon  thii  fact  and  indict* 
meot,  for  Woodburue  did  the  fact  of  malice 
fore^tbou{j;hf,  by  lyiog*  in  wait,  aod  with  an  ia- 
tentiou  to  roaim  ;  Mr  Coke  was  aiding,  abet* 
ing*,  and  privy  to  the  fact :  therefore,  thouffti 
it  was  an  intent  lo  kill^  it  mu9t  be  to  maim 
also  ;  be  could  not  intend  to  kill  him  nith  sucti 
ao  instrumeot,  without  intending  to  inaim  him 
first ;  and  therefore,  if  there  were  two  inten- 
tions, and  but  one  executed,  there  is  no  pre> 
tenoe  to  say,  that  what  was  executed  was  not 
intended.  Mr.  Coke  says,  that  never  wasaay 
todictment  before  upon  this  statute ;  if  not,  it 
must  be  because  do  man  before  ever  thought  of 
being-  guilty  of  so  horriil  an  action. 

L\  C.  J.  If  any  fmint  ia  law  dotb  ariae  yoil 
sliall  have  counsel :  but  the  fact  must  be 
a^n-eed  and  stated,  before  the  law  can  come  ia 
debate.  You  say,  your  intent  was  only  to 
murder ;  but  Uiat  is  not  yet  agreed  or  lound 
to  he  the  fact :  it  is  the  point  now  in  trial, 
whether  you  did  it  not  with  un  intention  to 
maim  or  disB^ure ;  and  accord ing^  as  that  ia<. 
tention  shall  appear  to  the  jury,  so  will  ihey 
either  accptit  or  convict  you  j  therefore,  if  you 
have  any  thing  more  to  say,  I  desire  yoa  10 
go  on. 

Ci>ke,  I  submit  to  your  lordship*s  judgment* 

L.  C  X  Gentlemen  of  the  jury,  this  is  art 
indictment  ot  the  prisoners  at  the  bar,  John 
Woo^Jburne  and  Arundel  Coke,  for  tek»tjy,  by- 
lying  in  wait,  and  purpoaely  and  maliciously 
Klittii^  the  nose  of  £dward  Crtipe,  with  to* 
tention,  in  so  doing,  to  maim  or  disfigure  the 
said  Edward  Crispe.  John  Woodburne  is  in- 
dicted for  the  (trincipal  actor,  or  the  persoQ 
who  did  the  fuel  ;  and  Arundel  Coke  is  in- 
dicted for  bcMHg  present,  aiding  and  abeftiiir. 
Thj5i  indictment  is  founded  on  a  statute  made 
in  the  '}2nil  year  of  king  Chiirles  the  second, 
entuhfK  ^^  An  Act  to  prevent  m id icious  maim- 
ing and  wounding  ;^'  whereby  it  is  enacltd,  tlial 
if  any  penMui  or  persons^  Irom  and  after  the 
'i4th  day  of  June,  in  ihp  year  of  our  Lurd 
1671,  on  purpose,  and  of  niiilu-.e  fore-thou]*ht, 
and  by  [ytn^  in  wait,  liliould  unlaw  fully  fut 
ntit,  or  dtsuhle  the  tongue,  put  out  ao  eye, 
aijt  the  nosr,  cut  off  u  nose  or  lip,  or  dii^bk 
any  limb  or  mendier  of  any  subjectof  bis  ma* 
je^ty,  with  inieiiritin  in  so  doing  I0  m^jfQ  ^ 
di»dgurf,  In  any  the  uianm^rs  belbre-oicaiMt^ 
fKiich  his  inajtvty^s  subject,  thai  tbaa,  wmi^ 
errry  such  case,  the  persna  ar 
ofTcnding,  their  1  ouuiiellors,  iid#ffti 
(knowing  id*,  and  privy  to 
uforeMtid)  t^hnll  be,  and  are  thoiAw  i 
be  feluos,  and  fihatl  suffn  tu^  w  t 
without  benrfSl  cdtl 
tion  on  this  tndir  . 
Woodbume  did  0 


T51 


8  GEORGE  L      Trial  of  John  Woodbume  and  Arundei  Coke^      [7S 


fbre>  thought,  and  b^  Iving^  in  wiit,  UDlavr-  ; 
fully  slit  the  nose  of  EJward  Crispe,  with  an  ' 
inteution  to  maim  or  disfi^re  him  therein  P 
And,  whether  Arundel  Coke  was  feloniously 
present  at  the  fact,  aiding  and  abetting  Wood- 
puriie  in  the  commission  and  perpetration  of 
it ?  To  make  '^ut  this  matter,  several  witnesses 
have  been  called ;  the  first  witness  was  Ed- 
ward Crispe  himself,  who  informs  you,  that 
Arundel  Coke  married  his  sister,  and  Mr. 
Brown,  Coke's  sister;  and  that  last  New- 
year's- day  they  were  iuvited  to  sup  at  Mr. 
Coke's ;  and  that  before  supper  Mr.  Coke  pro- 
posed to  ffo  to  Mrs.  Monke's ;  and  that  after 
supper,  about  ten  o'clock  at  night,  Mr.  Coke 
called  Mr.  Crispe  out  of  the  parlour  to  go  to 
this  Mrs.  Monke's ;  and  that  when  they  had 
walked  three  or  four  turns  before  the  bouse 
where  Mrs.  Monke  dwelt,  Coke  stood  still, 
and  made  a  noise  like  a  hallooing,  which 
made  Mr.  Crispe  afraid,  being  dark,  so  he 
made  toward  the  wall ;  but  in  a  quarter  of  a 
minute's  time,  a  man  came  and  kuock(:d  him 
down  :  who  that  man  was,  nor  what  Mas  then 
further  done  to  him,  he  could  not  then  tell, 
because  by  the  blow  he  lost  his  senses  for  some 
time ;  but  afterwards  he  got  up  again,  and  re- 
turned to  Air.  Coke's  house,  from  whence  he 
came,  but  in  a  sad  condition,  much  wounded 
and  bloody,  where  Mr.  Sturgeon  the  surgeon 
came  to  him,  from  whom  you  have  the  par- 
ticulars of  his  case.  He  says,  that  Coke  was 
close  by  him  when  he  was  knocked  down ; 
but  did  not  hear  Coke  say  any  thing.  He 
also  says,  that  upon  his  death  100/.  per  annum 
would  have  gone  to  Coke's  wife,  as  one  of  his 
sisters  and  co-heir. 

The  next  witness  is  Mr.  Brown,  who  mar- 
ried Coke's  sister;  and  he  savs,  tliat  he,  his 
wife  and  daughter  were  invited  to  sup  at  Mr. 
Coke's  the  evening  of  New-year's- day ;  that 
he  came  about  six  o'clock,  and  found  Mr.  Coke 
and  Mr.  Crispe  drinking  a  glass  of  wine  in  the 
parlour  before  supper ;  that  he  sat  down  and 
drank  with  them  till  supper,  that  after  supper 
they  three  came  into  the  parlour  again,  and 
some  time  after  Coke  went  out  of  the  room, 
and  then  came  back  again,  and  called  Mr. 
Crispe  out  of  the  room,  who  followed  him ; 
that  Coke  returned  again  in  about  ten  minutes, 
and  seemed  to  be  out  of  breath,  as  if  he  had 
beeu  walking  faster  than  ordinary ;  thatCoke's 
house  is  distant  from  the  church -yard  alraut 
twice  the  length  of  the  shire-house;  that 
Coke,  af\er  he  came  in,  drank  a  glass  of  wine ; 
and  that  Brown  asked  Coke  what  was  become 
of  Mr.  Crispe ;  and  that  Coke  said,  he  be- 
lieved he  was  gone  home  in  the  dark ;  and  that 
in  about  two  or  three  minutes  after  Mr.  Crispe 
came  in  much  wounded  and  bloody ;  and  that 
it  was  about  half  an  hour  between  the  time  of 
Mr.  Crispe's  going  out  and  returning  again. 

Mr.  Sturgeon  the  surgeon  swears,  that  being 
^ent  for,  he  came  to  Mr.  Crispe  about  eleven 
o'clock  that  night ;  that  he  bad  lost  a  great  deal 
of  Mood,  and  waa  very  much  wounded;  and 
that  ia  the  whole  he  bad  reed? ed  ae? ea  die* 


tinct  wounds,  which  he  apprehends  were  by  to  ^ 
many  several  blows.     He  hath  given  you  a 
particular  description  of  the  several  wounds; 
the  second  wound  is  that  which  ia  alleged  to  he « 
within  this  statute.     He  tells  you,  that  thia 
wound  divided  the  right  side  of  the  nostril ;  and 
that  though  the  edge  of  the  nose  was  not  cut 
through,  yet  it  was  cut  through  in  another 
place;  the  nose was.slit;  there  waaacutfroA- 
without  into  the  nostril :  indeed  the  slit  was  ooi 
very  great,  for  he  sewed  it  op  with  one  atitch ; 
but  he  is  sure  that  a  slit  there  was,  and  ^oa 
have  seen  Mr.  Crispe's  nose.    Now  the  alitting 
of  the  nose  is  one  of  the  particular  facta  men- 
tioned in  the  statute. 

Mr.  Willet  the  constable  swears,  that  he  waa 
with  Woodburne  after  his  commitmeni,  and 
that  he  told  him,  he  was  concerned  in  the 
wounding  Mr.  Crispe ;  that  he  had  been  then 
waiting  for  that  purpose ;  and  that  when  Coke 
whistl^  to  him,  he  went  un*and  made  the  aa« 
sault  upon  Mr.  Crispe  vi  itn  an  hook  or  biil| 
that  was  new- ground  for  that  purpose,  and  di- 
rected him  where  to  find  it  at  his  house,  which 
he  accordingly  did,  and  brought  it  to  Wond« 
burne,  who  said  that  was  the  hook  ;  and  the 
lMK)k  hath  been  now  produced  before  you,  and 
you  have  seen  it. 

The  next  witness  is  Mr.  Wetherell  the  gaoler, 
who  swears,  tltat  the  day  after  Coke  waa  com- 
mitted to  his  custody.  Coke  sent  for  him  up 
into  his  chamber,  and  told  him,  that  he  ana 
Woodburne  had  had  a  design  to  munler  Mr. 
Crispe,  and  had  attempted  it  several  times,  and 
desired  him  to  go  and  secure  Woodburne;. 
which  he  accordingly  did.      He  hath  gives' 
you  an  account  how  and  in  what  manner  ha 
secured  him;  and  he  swears  moreover,  thaf 
Coke  told  him  several  times,  that  he  had  a  de*' 
sign  to  murder  Crispe,  and  that  he  employed 
Woodburne,    and    delivered  Crispe   into    liii. 
hands ;  that  Woodburne  did  it  with  an  hook, 
and  that  he  bade  Woo«lbume  to  cut  his  wind- 
pipe ;  and  that  if  Woodburne  had  not  been  a 
cow- hearted  dog,  he  would  have  so  done,  and 
secured  Crispe  from  telling  tales.     Wetherell 
likewise  swears,  that  Coke  told  him,  that  br 
called  Crispe  out  of  his  house,  went  into  the  ' 
church-yara  with   him,  and  there  delivered  ' 
him  into  Woodburne's  hands ;  and  he  farther 
swears,   as  to  Woodburne,   that  WcMidburnn  ' 
owne<l  that  he  and  Cuke  had  lain  in  wait  se- 
veral times,  and  at  several  places,  to  munler- 
Mr.  Crispe  ;  and  as  to  this  particular  fact,  bn 
gave  him  this  account,  that  he  siruck  him  %• 
blow  with  a  lim»k,  and  that  not  quite  striking 
him  down,  he  gai^e  him   a  sectmd  blow;  anv 
that  as  Crispe  was  tailing,  he  cried  out,  Gmk? 
damn  him  ;  and  that  then  it  grieved  him  tokil|i^ 
a  man  witli  an  oath  in  his  mouth.  .el 

Robert  MiMin  swfars,  that  .when  he  bcnHU 
what  was  befallen  Mr.  Crispe,  he  aaid,  thai 
knew  the  person  that  did  the  imiA^  or  him 
employed  the  penoo ;  and  the  i 


cause  about  three  yeara  and  a  half 
Cokeeeniforhim.  and 
Mr.CriipeoataC 


77J  Jw  dufigufing  Edward  Crispe^  A.  D.  J72f.  [78 

Mt  wwHil  kiMck  him  on  the  head  ;  and  that  Mr.  Criipe,  nor  the  Gnttiog  or  knockiDgf  him 
vhn  be  asked  hiai  what  advantage  that  would  ■  down  with  his  hook ;  his  coiifessioD  is  not  e?i- 
ketohim?  He  replied,  a  very  good  estate ;  j  dence  against  Coke,  but  it  is  against  himsHf; 
•ad  aftrrwarda  told  him,  he  did  not  value  ten  or  ,  and  you  hear  what  he  liatb  owned ;  that  last 
i«nty  euinems  to  knock  him  in  the  head:  |  barley- harvest  Coke  sent  for  lum  to  mend  hia 
Tkm  made  Bloon  reflect  upon  himself,  and  was  '  copper,  and  then  ordered  him  to  meet  him  at 
cseccmgd  that  he  should  have  such  an  opinion  ;  another  place;  whicli  was  accordingly  done  ; 
af  Urn ;  and  tbeieoo  told  him,  that  he  would  j  where  Coke  told  him,  that  he  had  a  thing  for 
■aikiU  the  jpeatest  villain  in  the  world  for  ten  '•.  him  to  do,  but  it  was  not  to  be  done  presently; 
Mdilmisas  Bury.  ^  |  and  if  he  would  do  it,  he  should   want  tor 

Jaha  Carter  aweara,  that  on  Friday  before  i  nothing.   And  when  he  asked  him  what  it  was  f 

He  said,  to  set  Crispe  aside,  that  is,  to  kill  him ; 
and  Coke  gave  him  eighteen  pence.  That  then 
he  told  him,  he  could  not  do  it ;  that  Coke 
solicited  him  several  times  afterwards  to  murder 
Crispe ;  the  particulars  whereof  I  do  not  enu- 
merate, because  they  principally  relate  to  Coke, 
against  whom  it  is  not  evidence ;  but  yet  thej 
so  far  relate  to  Woo<iburne,  as  to  shew  hu 
knowledge  and  delilieration  in   thia   matter; 


iMw-yar'a-day  last.  Coke  sent  Woodbume  to 
Uai,iildl  him  that  his  master  Coke  wanted  to 
tpttk  with  bina  ;  that  thereon  he  went  to  his 
^MK,  and  was  ordered  to  come  up  to  him  in 
kb  ckamher,  which  he  did ;  and  there  Coke 
ios  mnircd, 'Whether  he  could  help  him  to  a 
fasdrtraoip  hofse  ?  And  then  told  him,  that  he 
haal  he  bad  kwt  much  of  his  business ;  he 
Wit  iron,  nor  coal ;  and  that  he  had  a  thing 


that  #ould  make  a  man  of  him  ns    therefore  to  come  to  the  day  whereon  this  fact 
-.1  -  *.,-!  «i...>.^..  — !,«.! !.:.«  ,..i.«.  !  was  done,  Woodburncsaitb,  that  about  eight  or 

nine  in  the  morning  Coke  sent  for  him,  and 
told  him,  that  that  day  they  should  have  the 
fairest  opportunity  to  kill  Mr.  Crispe ;  and  it 
was  agreed  between  them,  that  iVoodbume 
shoii'd  be  in  tlie  chiirch«yard,  at  Mr.  Morrice'a 
porch,  about  eight  o'clock  in  the  evening.  He 
accordingly  went  with  his  hedge- hook  or  bill, 
which  hatli  been  here  product.  Coke  came 
out  to  him  twice  by  himself,  and  the  third  tims 
a  little  after  ten  o'clock  Coke  and  Crispe  came 
out  together ;  and  then  Coke  whistled,  which 
was  the  signal  between  them;  and  thereon 
Wooilburnc  came  up,  and  owns,  that  ivitb  hia 
h(K)k  he  cut  and  knocked  doun  Crispe,  and 
that  though  he  never  hennl  Crispe  swear  before, 
yet  thnt  now,  as  Crispe  was  falling  he  swore 
Ciod  dair.n  him ;  whereon  he  gave  him  those 
spvcral  n:iier  wounds  and  blows  that  Crispe 
icceivt'd;  and  then  reflecting  on  what  he  hid 
done,  inimcHlintolv  wentto  his  own  house,  where 


r«he  li«ed;  aud  thereon,  asked  him,  whe 
ifccrht  CQoid  keep  a  secret,  and  one  of  the 
^|Ul  secrets  in  the  world?   And  upon  his 
triHf  him  that  he  could,  be  asked  him  whether 
bcwkl  cut  five  or  six  men's  heads  off  without 

I  of  conscience  ?  And  when  he  told  him 
ilhat  was  too  much  for  a  man's  conscience 
fekir,  be  told  him,  there  were  those  above, 
■aaisg  the  South -sea  gentlemen,  who  ha«l 
Asc  tea  times  worse,  ruined  families,  and  bcg- 
^ti  gentlemen ;  aud  that  to  cut  men's  heads 
4  was  bat   a  trifle  to  them.    Tliat  hereon 

told  biro,  he  believed  he  spoke  only  in 


MMTupie  of  convcienccP  And  whrn  Carter 
•N  bini,  No :  Then  Coke  told  him,  xi'  he  could 
■I  est  off  a  man's  head,  and  lay  it  tiown  en  a 
ftMt  before  him,  he  was  not  for  his  turn  ;  and 


save  him  a  glass  of  brandy,  and  bid  him  >  he  was  about  to  take  a  rope  lo  hung  himself. 


tr  of  it  tor  a  day  or  two,  and  if  he  could 
^  a  man's  head  without  scruple  of  con- 
e,  he  khoutd  have  plenty  of  gold  and 
and   any    thing   else   he  should  ask: 
Carter   repl\  ing,  that  he  needed  no 
9-atioD,   he  could  not  do  it ;  then  he  bid 
Dd  Wnodburneto  him  ;  which  he  did. 
■h  all  this   discourse  between  Carter  and 
,  Ui  I  do  not  find  that  Crispe  was  the  person 
Ion  nliom  this  outrage  should  he  com- 
I;  Itul  Carter,  who  is  a  tenant  of  a  houso 
!.Cn«pe's,  says,  that  Coke  told  him  he 
i  tbe   bouse  was  out  of  rcpnir;  that  it 


I'y  this  dofcnce  of  Woodhurne,  you  see  that 

he  (ioth  not  dtny  the  assaidting  and  wounding 

of  Mr.  Crispe  ;  *  buL  that  that  he  chiefly  insists 

on  is,  that  what  he  did  was  by  the  solicitation 

and  procurement  of  Mr.  ('okc;    which  is  no 

justitication  or  excuse.      Ilowcvrr,  h-^    hath 

I  called  two  witnesses,  Ann  and  Surah  Wond- 

I  hnrne,  his  two  daughters,  to  prove  that  Coke 

,  did  frr(piently  semi  for  their  talhcr,  and  often 

I  came  to  him  at  his  own  house,  nnil  would  be 

.  in  private  ronfereiiee  tojjt?lhor,  whi<li  probably 

was  ai>out  this  m:itt(T;  but  if  it  were,  this  only 


I  confirms  w  h:»t  WorMlhurne  insists  on,  that  he 

be  bis  af^er  Mr.  Crispe  ;   and  asked  him,  \  was  solicited  and  hired  by  C(*ke  to  do  this  fact ; 

be  would  not  like  it  better  for  Coke  to  !  which,  as  I  said,  will  neither  justify  norexouse 

m  in  repair,  as  be  had  done  before,  whilst    him  ;  fur  no  man  is  to  obey  the  umIh^^  f  uI  com- 

€ri»pe'8  steward  ?  i  mands,  or  hearken  to  the  illegal  advices  of  any 

*tbe  substance  of  the  evidence  given  '  other  person  whatsocfver. 

*  prisoDers  at  the  bar,  to  prove  that  I  As  for  i>lr.  Coke,  that  which  he  principally 
^•nsly.  and  by  lying  in  wait,  have  |  puts  his  defence  upon  is,  that  his  intent  was  to 
Va'nosewith  an  intentto  disfigure  i  kill  and  murder  Mr.  Crispe,  hut  not  to  maim 

him,  or  to  slit  his  nose,  or  to  disfigure  him  in  so 
<loing;  and  therefore,  though  in  |iiirsuanre  and 
execution  of  the  attempt  to  iiiurdcr  .Mr.  Crispe, 


^  BSt  deny  tbe  tfenersi  fact, 
^iV  ia  wait  to  assault 


79]  8  GEORGE  L      Triai  of  John  fVoodbume  and  Atundd  Coke,      [80 

tfaeyiUi  bit  nose,  or  miif^bt  tberdiy  disfigare 


D,  yet  tbat  not  beiniif  their  iDlention  and  de- 
sign, ne  is  to  be  acquitted  on  tbis  indictment, 
wberein  tbe  intent  of  tbe  party  is  one  of  tbe 
principal  inin^ients  to  make  him  guilty.  Tbb 
same  defence  will  serve  ateo  for  Woodburne, 
that  they  intended  to  munler,  but  not  to  msiro ; 
"and  if  they  did  maim,  it  was  with  an  intention 
to  kill  and  not  to  disfigure.  Now  tbis  indict- 
ment is,  a<«  1  told  you.  fouodiM  on  the  S9rid 
and  SSrd  Car.  9,  c.  1,  fur  that  on  purpose,  of 
malice  fore -thought,  and  by  lyinij^  in  wsit  tbr 
prisoners  did  unlawfully  and  feloniously  slit  the 
nose  of  Edward  Cris|ie,  with  intention  in  so 
doing  to  maim  or  disfigure  him.  Woodbunie 
is  chsrged  as  the  actor  or  principal  agent,  Coke 
as  being  present,  aiding,  and  abetting ;  which 
in  point  of  law,  is  the  same,  as  to  the  guilt  and 
conscience,  both  being  in  law  principals. 

That  this  attempt  on  Mr.  Crispe  was  de- 
aigned,  malicious,  and  by  lying  in  wait,  the  evi- 
tlence  is  very  strong ;  there  has  been  also  very 
•trong  e\  idence  given,  that  the  nose  of  Mr. 
Crispe  was  slit  by  Woodburne,  and  tbat  Coke 
was  present  on  tbe  same  design  with  Wood- 
burne. 

But  the  thing  chiefly  insisted  on  is,  that  the 
slitting  of  Mr.  Crispe's  nose  was  not  with  an 
intention  in  so  doin^  to  maim  or  disfigure  him ; 
and  if  it  were  not  with  that  intent,  then  the  pri- 
aoners  will  not  be  gailty  upon  ibis  indictment 

Now,  gentlemen,  wluit  the  intent  of  these 
persons  was  in  slitting  Mr.  Crispe's  nose,  you 
are  to  try ;  this  is  a  matter  of  fact  for  your 
consideration  and  determination :  it  is  the  same 
ID  other  felonies,  where  the  intent  of  the  porty 
makes  the  crime.  Burglary  is  breaking  open 
sui  bouse  in  the  night  time,  with  an  intent  to 
commit  a  felony ;  though  no  felony  be  com- 
mitted, yet  if  tnere  was  an  intent  to  do  it,  it  is 
burglary ;  which  intent  is  to  be  tried  by  the 
jury.  Larceny  or  theft,  is  taking  away  ano- 
ther man's  goods,  with  an  intent  to  steal ;  if  it 
were  without  such  an  intent,  it  would  only  be  a 
trespass  aud  no  larceny ;  but  whether  it  were 
or  were  not  with  such  an  intent,  is  a  matter  of 
lact  to  be  enquired  into  and  determined  by  the 
jury.  Nay,  the  intent  is  so  necessary  in  all 
felonies,  that  a  person  who  hath  no  intent  or 
design,  as  a  ma  J  man,  lunatic,  infant,  &c. 
cannot  commit  felony  for  that  very  reason ; 
•because  he  cannot  have  any  intent  or  design  in 
his  actions.  So  that  in  this  case  you  arc  to  try 
no  other  matter  than  what  is  tried  in  other 
felonies,  viz.  the  intent  of  the  party. 

Now,  how  is  the  intent  of  the  party  dis- 
covered in  other  cases?  by  the  facts  them- 
selves, by  the  precedent,  concomitant  and  sub- 
aeqoeot  circumstances  of  the  facts,  by  the 
manner  of  doing,  and  the  like. 

There  an;  some  cases  where  nn  nnlawfiil  or 
felonions  intent  to  do  one  act,  may  be  carried 
■over  to  another  act,  done  in  prosccatton 
thereof;  aud  such  other  act  will  be  fdany,* 


•  See  Leach's  Hawkinses  PkuoftlwCmnii 
■  1,  c.  99,  111, 


because  done  in  prosecution  of  an  nnkwfal  or 
felonious  intent.     As,  if  a  OMn  shoots  at  « 
wild  fowl,  wherein  no  man  hath  any  property* 
and  by  such  shooting  hsp|>ens  unawares  .to  kill 
a  man  ;  this  homicide  is  not  felony,  but  only 
a  miitadventure  or  dianoe-medley,  bcoinsaJt 
was  an  accident  that  happened  in  the  doing  of 
a  lawful  act :    but  if  this  roan  had  shot  at  a 
tame  fowl,  wherein  another  had  property,  but 
not  with  intention  \o  steal  it,  and  by  such  abooi- 
ing  had  accidentally  killed  a  roan,  he  wouM 
then  have  been  guilty  of  manslaughter,  be- 
cause done  in  prosecution  of  an  unlaiHul  actios, 
viz.  committing  a  trespass  on  another*!  wp' 
perty  :  but  if  he  bad  had  an  intention  of  steuiiiff 
this  tame  fowl,  then  such  accidental  killinf  it 
a  man  would  have  been  murder,  becautt  Swe 
in  prosecution  of  a  fekmious  intent,  via.  as  1^   ' 
tent  to  steal.     So  a  man  of  malice  intends  la 
bum  one  boose,  in  execution  thereof  he  bappcM 
to  bum  another  house ;  tbii  is  a  maliciona  ani  t 
felonious  homing  of  this  other  house,  becauN  ' 
sprung  out  of  a  malicious  and  felonious  intent,  t 
The  like  may  be  instanced  where  poisoa  is  in*  « 
tended  to  be  given  to  one  person,  and  anolfatr   = 
takes  and  eats  it,  and  tiiereby  dies.    And  otiHr  ^ 
cases  there  are  of  the  like  nature,  where  noli  :- 
done  in  prosecution  of  felonious  intents,  psrtiei-  >: 
pate  of  the  nature  of  their  origimd  from  whsnon  ^ 
thev  spring.  ^ 

But  now  the  indictment  on  this  statute  is  Ar  ^ 
a  certain  particular  intent ;  for  purposely,  !■»•  ^ 
liciously,  and  by  lying  in  wait,  slitting  Mr.  •- 
Crispe's  nose,  with  an  intention  in  so  dotnf  In  ^ 
maim  or  disfigure :  and  you  are  to  conadv«  '  - 
whether  the  ingredients  necessary  tomakelUi  ^ 
a  felony  within  the  statute,  have  been  provndii  ^-~ 
your  satislaction.     The  facts  necessary  ta  kn 
proved  on  this  indictment  are,  tliat  on  pnrpaii^ 
and  of  malice  fore-thought,  and  by  lying  i 
wait,  they  unlawfully  slit  the  nose  i^  Hb.^ 
Crispe,  with  intention  in  so  doing  to  ma' 
disfigure.    As  to  the  fact  of  slitting  the 
that  is  directly  and  positively  sworn: 
can  be  no  doubt  but  that  it  was  an  unl 
slitting.    Then  the  next  thing  for  your 
deratiun  will  be,  whether  this  unlawful  slil 
was  on  purpose,  of  malice  fore- thought,  ^^^ 
by  lying  iu  wait?  As  to  this,  a  great  denV 
evidence  hath  been  given  ;  and  what 
before,  and  at  the  lime  of  the  fact,  will 
you  herei  n .    A  nd  i  f  on  a  review  of  the  cvii 
you  sliall  be  of  opinion,  tbat  this  unlawfiikV 
ting  of  the  nose  was  on  purpove,  of  malice 
thought,  and  by  lying  in  wait* ;  then  tla.^ 
question  will  be,  whether  this  was  an  iii%.  ^ 
to  disfigure  ?  Facts  do  in  some  mesavk 
plain  themselves ;   and  the  circumstanc- 
coding  and  accompanying  those  facts* 
manner  of  doing  them,  do  many  tina 

*  As  to  what  is  or  not  a  lying  in  v^h. 
this  stotute,  sne  inLeacb,llMCaiHC^ 
Lee^  O.  B.  inly,  1743,  of  TIm^ 
Feb.  1778,  and  of  Jobn  MUk.  ^-' 
iBftaMimTW» 


Jor  disfiguring  Edward  Crispe. 


A.  D.  1^22. 


[82' 


Mf  tx^Uun  mnA  ilecUre  the  intent  of  the  party* 
TVpTMittftef,  Mr.  Coke,  (which  tlefepce  goes 
Ml  to  bim  »ud  Womlburue)  iuihtSf  that  their 
blmliwo  mrns  in  murder,  anrl  ntit  toiuaiiiv;  and 
llbl  if  ibej  ilid  totiim  or  sht  the  nose,  it  was 
«iCb«i  mi4:nUon  lu  kill,  aoil  not  v^ith  aa  in* 
ICfttifNi  to  maim  ordts^uie.  On  the  other  side, 
it  k  miistctl  on  hy  the  kiag'ei  oouo^l,  that 
dnilfli  lb«  tiltimare  iDtention  might  he  to  mur- 
4ir,  |tf  tHrre  might  bv  aliio  an  intention  to 
.naioi  firf  disfigure  ;  and  though  the  one  did 
tikr  eifffct,  yet  the  other  might:  an  idten- 
tktl^  lltl  doiii  not  exclnde  an  inlt^ntion  to 
wd  di&fig'ure.  The  instrument  made  u&e 
ii  ikis  aiWmpt  ww  a  Inll  or  hedgiog^-hook, 
in  lis  own  nature  is  proper  for  cutting 
UN  QiMoiiDg' ;  and  where  it  doth  cut  or  maim^. 
^itA  Dec£&s&ri1y ,  and  by  consequence  disfigure, 
IWaileoipl  in  lend  ed  on  Mr.  Crispe  was  ini- 
ly  to  his  person,  to  do  him  a  personal 
B«f%tde!i«  ihe  manner  of  doing  and  per- 
this  fact  is  proper  to  be  considered  ; 
wms  d'icie  by  fiolence,  and  in  ihe  dark, 
liie  ussailani  could  not  well  make  any 
\ii  lows;    but  knocked  and  cul  on 

I     Crispe's  body,  where  he  could, 
tUUe  btfd  «^utik  him  down,  and  done  to  bim 
uliat^rer  t^Ise  he  pleased.     And  if  the  intention 
was  to  murder,  you  are  to  conisiider,  whether 
tfcr  means  made  U9e  of  in  ord^r  Vi  elTect  and 
•ocKimplisii  th&t  murder,  and  the  coDse^juences 
of  thflie  means  were  not  in  the  intention  and 
dcsi^  nf  the  party  ;    and  wlielher  every  blow 
aoii  cut,  and  the  eousequencefl  thereol,  were 
mM  isiended,  ms  well  as  the  end  for  wliich  it  in 
•IklCed  tituse  b\o^M  and  cuts  were  f^iven  ? 
All  llie»e  several  things^  which  I  have  naen- 
4re  proper  for  your  consideration  :  you 
•lid  Uiem  to  your  own  observation 5  ;   and 
tlie  wholu,  you  are  satisfied  from  the 
4  that  WoodUurne  did  on  purjiose,  and 
fliftlice  fore-thonght,  and  by  lyings  in  wait, 
folly  slit  tbeuo§e  of  Edward  Cri!<pe,  with 
inlcfliiino^  in  so  doing,  to  niatm  or  distigare ; 
•Ml  that  Arumlel  Coke  was  ielomously  present 
M  ibe  cumuiiaifrioh  of  this  fact,  and  aiding  and 
Abetting   therein  ;    then   you   will   find  them 
Gmlty  :    but  if  ibis  hatli  not  been  proved  to 
yoor  •ftlistaction,  then  you  are  to  acquit  tbem, 
mti  dud  ihem  Not  Guilty. 

rTbeii    the   Jury  withdrew    to  conKider  of 
Ib^r  verdict,  and  in  about  hatf  an  hour  (Returned 

Ci.  tif  Arr.  Gentlemen,  answer  to  your 
—Here,  (and  so  Ihe  rest,) 

CL  ^  Arr,     Gpnilemeri,  are  you  all  agreed 

I  fMir  terdict  T — Jurif,  Yes. 

&  Iff  Arr,  W bo  shall  say  for  you  P 

Jmmi^  Our  foreman. 

€L\^  Arr*    John  Wood  bo  me,  bold  up  thy 

mL  (Which  he  did.)  l^ook  upn  the  pri* 
bow  say  you  ?  Is  John  Wooilhurnc 
Goilly  of  the  felony  whereof  he  stands  indict* 
«d»  or  ^«t  Guilty  I  ^Foreman.  Guilty. 

€k  ^Arr.  Wbat  goods  or  chBttcls',  lands  or 


VOL.  XVI. 


Fart  man*  None  to  our  kn^wlalg^. 

67.  of  Arr.  Arundel  Coke  alias  Cooke,  bold 
up  thy  biind.  (Which  be  did.)  How  say  you  ? 
Is  Arundel  Coke  alias  Cm>ke  Guilty  of  the  fe^ 
lonv  whereof  be  stands  indicted,  or  Not  GuiJtyf 

Foreman,  Guilty* 

CL  of  Arr,  What  goods  or  chattels,  lands  or 
tenements  ?  » 

Foremttn.  None  to  our  knowledge. 

CL  of  Arr,  Then  hearken  to  your  verdict, 
as  the  Court  hath  reconied  it  You  say,  that 
John  Woodburne  is  Guilty  of  thefelony  where- 
of he  stands  indicted  :  you  say,  that  Arundel 
Coke  alias  Cooke  is  Guilty'  of  the  felony 
whereof  be  stands  indicted  ;  and  that  neither 
tbey,  nor  either  of  them,  bad  any  gowls  or 
chattels,  lands  or  leuetnenls  at  the  lime  of  the 
felony  commilted,  or  at  any  lime  since,  to  your 
knowletlge.     And  so  you  say  alL 

Jury^  Yes, 

Coke,  i  desire  to  know  of  your  lordship, 
whether  the  no«e  can  be  said  to  be  slit  withm 
the  meaning  of  this  statute,  when  the  edge  of 
it  was  not  cut  thru  ugh  ? 

X.  C.  J,  U  is  true,  the  edge  of  the  nose  was 
not  slit,  but  Ihe  cut  was  athwart  the  nose  ; 
w  hich  cut  separated  the  flesh  of  the  nose,  and 
cut  it  quile  through  into  the  nostril :  this  I  tak« 
to  he  a  slitting  of  the  note  *  ;  and  the  surgeon 
swore  the  nose  was  slit* 

On  Wednesday,  the  14lH  of  March,  Joba^ 
Woodburne,  Arundel  Coke  alias  Cooke^  and 
one  Ed^vard  Shorter,  who  was  convicted  of 
burglary*  were  brought  to  the  bar,  in  order  to 
receive  their  Sentence ;  and  t be  Court  pro- 
ceeded thus  : 

CLqfJrr,  John  Woodburne,  hold  up  i\\j 
hand.  '  (Which  he  did.)  Thou  hast  been  in- 
dicted of  telony^  on  the  statute,  tor  piirposelv, 
^rialicioufflv,  and  by  lyin;^  in  wuit,  slitting  tfie 
.tose  of  Edward  Crispe,  gf  nt.  with  intention  in 
so  doing  to  maim  or  disBgure  him.  Thou  hast 
l>eeQ  thereupon  arraigned,  thou  hant  fdeaded 
thereunto  Not  Guilty »  an«l  for  thy  ir»al  tboia 
hast  put  thyself  ujjon  GimI  and  thy  country  ; 
which  country  hatb  founri  thee  Gudty  ;  what 
hast  thou  to  say  for  thyself,  why  iho  Court 
should  not  proceed  to  give  judgment  of  death 
upon  thee,  and  award  execution  according  to 
the  law  ? 

To  fvhich  Woodburne  said  nolhing-. 

a.  (f  Arr.  Arnndel  Coke  alias  Cooke,  bold 
up  thy  bund.  (Which  he  did,)  Thou  bast 
been  indictetl  of  felony,  on  Ihe  statute  ;  fur  be- 
ing feloDiously  present,  aiding  and  ubettifti^ 
John  Wooilburne,  in  purposely,  maliciously, 
and  by  lying  in  wait,  slitting  the  noi»e  of  Ed* 
ward  Crtspe,  gent,  with  intention  in  so  doing-, 

*  Whether  a  transverse  cut  is  a  slit,  wo» 

much  debated  in  CarrolN  Case,  July  SeiisioDK 
at  O.  B.  1765.  See  EsM's  PIcos  ot  liie  Crown, 
chap,  7,  s.  3.  There  is  an  account  of  tins  Case 
and  of  the  prisoners  in  the  Annuat  Regbter  for 
1765,  p,  314.  8ce,  too^  in  Leacb,  Tu:knet;*i» 
Case,aB<  Ftbruary,  1778, 


8Sj 


S  GEORGE  L      Trial  of  John  Woodbume  and  Arundel  Coke,      [84 


to  maim  or  diffigure  bim.  Thou  hast  heen 
theretijiOD  arraigned,  thou  hatt  pleaded  there- 
UDto  Not  Guiltj,  and  tbrtbv  trial  thou  hast  pot 
thyself  upoQ  God  and  thv  country,  which 
country  hath  found  thee  Guilty;  what  hast 
thou  to  say  for  thyself,  why  the  Court  should 
not  proceed  to  give  judgment  of  death  upon 
thee,  and  award  execution  according  to  the  law  ? 

Coke,  Though  your  lordship  did  not  think 
it  proper  yesterday  to  assign  me  counsel,  yet  1 
hope  your  lordship  will  now  gire  me  leave  to 
speak  for  myself;  especially,  since  I  am  the 
first  unhappv  instance  oF  an  mdictmeot  on  this 
statute ;  no  mdictmeut,  as  far  as  it  appears  by 
the  law-books,  was  ever  yet  founded  on  this 
statute,  and  therefore  ought  to  be  very  well 
weighed. 

L.  C.  J.  Call  the  king's  counsel,  that  they 
may  hear  what  is  said. 

[Then  the  king's  counsel  were  sent  for,  and 
being  come :] 

X.  C.  J.  Mr.  Coke,  you  may  now  go  on  with 
what  you  have  to  offer. 

Coke.  My  lord,  1  was  saying,  that  I  am  the 
first  unhappy  instance  of  an  indictment  on  this 
statute  ;  no  indictment,  as  far  as  appears  by  the 
law-books,  was  e?er  yet  founded  on  this  sta- 
tute ;  and  therefore  it  ought  to  be  very  well 
weighed,  especially  in  the  first  instance  to 
whici)  it  appears  toliave  been  ever  applied.  It 
is  a  very  penal  statute,  and  consequently,  by 
the  known  rule  of  law,  not  to  be  carried  beyond 
the  express  letter  of  it;  consequently  no 
crime,  of  what  nature  or  magnitude  soever, 
can  fall  within  the  purview  of  it,  but  such  as  is 
identically  the  same  in  every  circumstance 
with  that  descrilied  by  the  words  of  the  statute 
itself 

The  crime  described  by  the  statute  is  the 
unlawful  cutting  out,  or  disabling  the  tongue, 
putting  out  an  eye,  slitting  the  nose,  cutting 
off  a  nose  or  lip,  or  disabling  any  limb  or  mem- 
ber, attended  with  these  particular  circum- 
itanres : 

First,  Ou  purpose  and  of  malice  fore- 
thought. 


Secondly,  By  lying  in  wait. 
Thirdly,  With  intention  in  so 


i  so  doing  to  maim 
or  disfigure,  in  any  of  the  manners  beforc- 
meuiioned  in  the  statute. 

These  circumstances  must  all  concur  to  con- 
stitute that  particular  crime  (Wscribed  by  ilie 
statute ;  and  where  any  of  them  are  wanting, 
of  what  magnitude  soever  the  oflVnce  may  lie, 
It  is  nut  the  ofi'uuce  uhich  tl)e  statute  has  spe- 
cified. 

If  the  first  circumstance  be  wanting,  no  man 
can  say  that  any  ofTf^nco,  though  attended  with 
the  two  other,  can  fall  within  the  statute;  this 
is  suljiciently  plain  of  itself. 

As  to  the  second ;  A  and  B,  of  malice  fbre- 
thought,  appoint  and  meet  to  fight  a  duel ;  A  iu 
the  j-encounter  runs  B  into  the  eye,  and  puti  it 
out ;  no  body  has  ever  imagined  this  to  be 
within  the  statute,  because  the  GircaiMiiioe  of 
tying  iu  «i  ait  it  hero  wtnling. 


As  to  the  third  ;  suppose  A  lies  in  wait  to  rob 
B,  B  resists,  and  in  the  scuffle  is  wounded,  ai 
the  statute  describes,  but  gets  off.  This  is  a 
case  which  very  frequently  happens,  yet  no 
one  ever  thougnt  it  to  be  within  the  statute, 
nor  was  any  one  ever  indicted  for  this  upon  it  i 
The  only  reason  of  which  must  be,  because  the 
intention  was  to  rob,  and  not  to  maim  and  dis- 
figure the  person. 

In  my  case,  if  it  be  taken  upon  the  evidence 
of  Mr.  Crispe,  nothing  moi-e  appears  than  the 
assault  itself:  If  my  confession  be  read,  the 
lying  in  wait,  and  the  malice  forethought  will 
lie  proved  ;  but  then  it  will  be  likewise  proved, 
that  I  had  no  other  intention  but  to  kill,  and 
had  no  other  part,  but  by  giving  order*  to 
Woodburne  for  that  purpose ;  and  my  confea* 
sion  must  be  taken  together. 

Nor  is  it  an  objection  to  say,  that  the  crioM 
which  is  proved  by  the  evidence  is  much  worn 
than  that  which  is  described  by  the  statute;  for 
if  it  is  worse,  then  it  cannot  be  the  same.  Even 
iu  cases  of  crimes  by  the  common  law,  if  opoa 
an  indictment  for  a  crime  of  inferior  nature,  the 
evidence  proves  the  fact  attended  with  circum- 
stances which  brings  it  within  the  description 
of  a  crime  of  a  superior  nature,  the  person  in- 
dicted must  be  acquitted.  At  summer  asaises 
at  Dorchester,  anno  1713,  a  woman  waa  in- 
dicted before  Mr.  Justice  Eyre,  for  the  mnrdor 
of  another  woman ;  upon  this  evidence,  it  ap- 
peared, that  the  person  murdered  was  her  m»- 
tress,  which  made  the  crime  petty -treaaon. 
Thejudge  directed  this  matter  to  be  specially 
found,  and  upon  conference  with  all  the  judm 
it  was  held,  she  ought  to  he  acquitted  upon  thia 
indictment,  as  she  accordingly  was ;  and  wai 
af\or wards  indicted  for  petty- treason,  and  con- 
victed and  executed  thereupon. 

Where  a  new  offence  has  been  created  by 
statute,  or  an  old  one  made  more  penal,  the  ut- 
most strictness  has  always  been  used  to  comply 
with  the  letter  of  the  statute,  whatever  incon- 
veniencies  might  result  from  such  a  restraint. 

As  for  example: 

Bv  the  statute  of  the39E1iz.cap.  14,  dervy 
is  taken  away  from  auy  person  or  persona  wbo 
shall  be  convicted  of  taking  any  money,  goodi 
or  chattels  out  of  any  dwelling-house,  £c.  in 
the  day  time,  to  the  value  of  5s.  One  Evun 
and  one  Finch  were  indicted  on  this  statute,  1 
Croke,  -173,  .Evans  and  Finch's  case :  Th« 
case  was  thus  upon  the  evidence,  that  Etanf 
by  a  ladder  climbed  to  the  upper  window  of  one 
Andley's  bouse,  and  took  out  thereof  40/. ;  and 
that  Finch  stood  upon  the  ladder  in  view  of 
Evans,  and  saw  Evans  in  the  chamber,  and 
was  assisting  and  helping  to  the  committing  of 
the  robbery,  and  took  part  of  the  money :  ^J^oa 
a  spt;cial  verdict  it  was  adjudged,  that  becauN 
Finch  did  not  actually  enter  the  chamber,  and 
take  the  money,  tliough  what  he  did  auiountai ' 
to  a  taking  by  construction  of  law  and  was  aui^ 
a  taking  as  made  him  a  felon ;  yet  fbto  ve 
letter  oft  all  penal  atatutea  must  lie  pursued,'  a 
tbcnibre  be,  id  eif,  Fiochi  lied  hia  cle^^i 
EvaniwnihMigcd, 


J6r  disfiguring  Edward  Criipe, 

nill^bt  he  put  of  this  kind  af 
f  is  lJ>e  <?<^n5tnTriirnj  uffietial  statutes. 

:   By  I  lie  statut*  of 

lakeii  away  from 

n'theJelu- 

tnares. — 

'  ti»  to  the 

' :  cecJ  to  he 

^  vir*  o  t.rlw*.  6,  cap- 


l^if  lllis^j 


if  lllis   11^ 
rMaiiite  Oiuul-, 


S^I»49Ml»  Ibdit  SI  (ier80ii  convicted  Ibv  feloni 
"*    <— 4y  iiflilin^  opg  horie,  i»hould  be  ousted  of  U\s 
m  Itie  «aJii<e  lunnnerfts  if  he  stole  two. 
ktm  llii^  ca-«  rnoiiL^h   to  saw  the  jury 
c  encefiow 

laJ  r  of   law, 

hi  iUm  f  tiUr(icc«  iktuu  itdiiiitied  on  all 
titu^Uctit  to  iiup|iort  ibis  intlicttnent. 
Vi  wfTV'  io  ft  civil  oi«^t  tbe  party  migbt  demur 
ti4c  rtkleficr.  But  if  he  is  not  allowed  tbat 
%lfffm  critaiaml  emacst^  it  is  upou  (he  common 
Vl^tkil  the  iud^«  are  iUt  prisoner's  couo< 
fifiiiare  ohitg^B  Io  dett;riiiii)e  alt  the  oiat- 

ifkim  ansaii^  upon  the  evidence,  qs  ranch 
ll#(bf  {lersofis  bad  dexuurreU  to  that  evi- 

liifMia  IhLi  cttse*  lUe  prisoner  adtolts  the 
fllBBT  ffi^cQ  10  be  true,  and  insisis  upon  it, 
iMgim  noi  ffuppirt  tbe  indictment;  and 
iMiiWv  liat  a  rij^il  Io  bare  the  opinion  of  tbe 
pl^  tbenni(>i>ti|  n»  mucli  as  if  the  evidence 
ilt  ilafttd  mt  It^nglh  upon  tbe  record  (us  it 
«li  he  itk  tliB  ewe  f^f  a  demurrer  to  evidence*) 
ii  MlhioiE  oxir  ^"-H  to  tbe  jury,  but 

Iflii  jii'lt^i  *  H  as  to  point  of  laiv. 

IlitllheMf  cx&i^,  theiefore,  my  lord,  ii  has 
km  anml  to  aUow  the  fact  to 'be  specially 
kii;  which  gtfei  the  prisoner  the  advantuj^e 
^  sifkt  bars  bad  by  tbe  denaurrer  of  tbe 

bi).  iir/Ay*     My  lonl^  T  do  agree  with  the 

•I  th^  bar,  that  this  is  a  very  penal 

4m]  that  these  facts  nutst  be  made  out 

M  ii'  :  Uer  of  the  act, 

i^  ifileotioti  m^  ^f  mulice  fore* 

,  10  mairn    -  :  h  a  manner 

ftmtuie  t  ^  wait  for 

,«rfaM»;   a  *.  — ..,  "•    ...  ^tiring  ac 

MHfffjr  ;  mini  an  abetting  and  hein^^  priyy  to 

^■rMa  :  Tlieae  are  all  fai'l»  which  the  jury 

«i|  omkl  dderTDtne,  vWUfr  by  poi«itive^  pre- 

cirrmiJ^lauUal   evidence,  for  no 

iBniui^lili  .  nj(  can  be  otberv'iwe 

'  f^A  h\  'US.     My  lord  chief 

laili  Mi  the  M  ikvid  evidence  of  nil  ihese 

thr  jsKV,  who  by  their  verdict  have 

icts  at  laid  in  tbe  indictment » 

yb^dy  can  now*^  open  hia  mouth : 

^rrUcaJ,   itowlbrt,  thai  nt»  matter  of 

b  ariiBO,  aait  tbat  nhai  bath  been  in- 

1 «  by  the  pntODtTi  it  beaide  bis  case, 

~   "  per* 


have 

'y;  cau 

Luke. 

that  18 

TV  ii»  at] 

yftiult 

rciuy  i»  aaiwer  ftoy 


objection*  he  shall  muke  apfainst  it,  Thai  he 
does  not  pretend  to.  What  is  now  offeped  by 
him  i«  aepainht  the  verdict,  and  contrary  to  vvhat 
\%  found  by  the  jury.  1  bet^  your  lordship's 
leave  to  fpwe  an  answer  to  the  onjeciions  he  is 
pleased  to  make  against  the  verdict,  however 
in^propci'ty  and  out  of  time  maile,  for  the  satit* 
faction  of  himself,  and  of  il«e  persons  here  pre- 
sent, I  awree  a  penal  act  shall  not  l»e  constru- 
ed by  equity*  or  carried  further  than  the  words 
or  letter  of  ilie  act,  as  the  cases  mentiont'd  by 
hioi  do  prove  ;  but  affirm,  that  this  present 
case  is  within  the  words  and  meaning  of  the 
acf :  For  though  the  ultimate  intent  of  Mr. 
Coke  might  be  to  murder  Mr.  Crispe  (ss  by  him 
is  alleged  in  excuse  for  himself)  all  the  means 
made  use  of  to  effect  that  intent  were  also  on 
purpose,  and  such  blows  could  not  be  given  by 
ao  instrument,  without  an  intent  to  maim  and 
disfigure.  They  were  given  by  one  lying  in 
wait  on  purpose ;  and  the  fact  and  manner 
of  doing  the  same  sntficienllv  prove,  and  are  a 
certain  and  necessary  indication  of  the  intent, 
The  defendants  might  have  an  intent  to  cut  off, 
or  slit  the  nose ;  put  out  lui  eye,  or  dismember; 
and  an  intent  also  to  kill  and  destroy  ;  one  in- 
tent did  take  effect,  the  other  not.  Tbe  de- 
lendaots  ought  not  to  answer  for  whal  was  not 
dune,  but  oti|{ht  to  answer  for  what  was  done, 
which  was  the  slitting  of  ^Ir.  Crisne's  nose,  on 
purpose  io  maim  and  d it; figure  bim,  by  one 
lying  iu  wait ;  which  is  all  thai  1$  required  by 
(lie  act. 

As  to  the  objecdon ;  that  if  A  and  B  go  to* 
gether  to  fight  a  duel,  if  A  slit  the  nose  of  &, 
tbis  is  not  withio  tbe  act;  the  reason  is,  be- 
cause there  is  no  lying  in  wait. 

Ab  to  the  case  of  A  lying  in  wait  to  rob  B,  t 
with  great  submission  do  say,  that  if  A  lie  in 
ivait  to  rob  B,  and  to  effect  that  purpose  with 
tbe  greater  ease,  A  on  purpose  dismeml^ers  B» 
or  put«  out  his  eyes^  or  does  any  other  tact 
prouibiied  by  the  act ;  though  A  be  hiudeied 
from  robbing  B,  he  is  within  the  act  of  narlia- 
ment;  for  tbe  intent  and  purpose  to  rob,  will 
be  no  excuse  to  one  who  shall  commit  the  facta 
proliibited  by  tbe  act* 

As  to  the  case  of  Evaos  and  Finch,  Cr.  Car, 
473,  on  39  £K  which  takes  away  ibe  clergy 
from  bim  that  enters  and  steals :  Finch  was  not 
within  the  statute,  aud  had  his  clergy  ;  for  the 
express  words  of  the  statute  take  away  the 
clergy  from  him  that  enters  the  house,  which 
Finch  did  not.  As  to  the  indictment  of  a  ter- 
vimt  for  murder,  in  kdhng  her  mistress  ;  it  it 
plain,  thai  it  is  a  crime  of  a  higher  degree  than 
murder,  it  is  an  offence  of  another  species,  it 
is  peit}' "treason  and  not  murder. 

The  same  answer  may  he  given  to  the  other 
cflies  mentioned,  wbere  the  words  of  an  act  of 
parliament  are  express.  No  case  shall  be  con- 
strued ivilbin  a  penal  act,  but  what  is  within 
ttie  words :  But  as  t4>  the  prevent  c^ise,  the 
jury  have  found  every  fact  that  the  act  of  par* 
liament  ref|uires,  that  an  uulawfut  assault  waa 
made  on  Mr.  Crispe  by  tbe  prnoners  *,  that  his 
noae  wad  slit  on  purpose  to  maiiu  and  diifiguff 


4 


87] 


8"  GEORGE  I.      Tfial  of  John  Woodbume  and  Arundel  Coke,      [88 


liini,  hy  1>'iu£[  in  wait.  And  all  these  facts  aire 
proTed  by  plain,  clear,  and  I  beliere  conviocin]; 
evidence,  to  every  person  that  beard  the  trial. 
I  am  sure  the  prisoners  can  not  complain  of  any 
hardship  done  them  ;  the  prosecution  was  car- 
rietl  on  for  the  sake  of  justice,  for  the  safety 
of  his  majesty's  subjects.  This  bein?  the  first 
instance  of  a  crime  so  heinous,  cruel,  barbarous 
ftnd  inhuman,  that  has  been  committed  since 
the  making  the  act  of  parliament,  it  is  hoped 
by  this  prosecution  a  second  will  never  be  com- 
niiitted  ;  for  which  reason,  I  pray  your  lord- 
ship's judgment  for  the  king  against  the  pri- 
soners. 

Mr.  Raby.  My  lord,  f  did  expect  at  thia 
time  I  should  have  heard,  from  this  unhappy 
{gentleman,  something  in  arrest  of  judgment : 
Something  to  shew  that  this  indictment  and 
record  now  before  your  lordship  in  judgment, 
had  been  insufficient,  and  sqcn  as  your  lord- 
ship could  not  have  proceeded  upon  to  give 
judfgment  against  the  prisoners :  1  do  not  per- 
ceive any  thing  has  been  objected  to  this  in- 
dictment or  record ;  and  therefore  since  no- 
thing appears,  or  is  objected,  they  must  be 
taken  to  be  sufficient,  and  such  as  your  lord- 
ship ought  by  law  to  give  judgment  upon 
against  the  prisoners  now  at  the  bar. 

But  this  gentleman  has  been  pleased  to  take 
•notice  of  the  act  of  pariiameut  on  which  this 
prosecution  is  founded:  He  has  also  made 
ffome  mention  of  the  facts  which  have  been 
given  in  evidence  against  him ;  and  cited  some 
cases  (as  I  apprehend)  to  shew,  that  penal  sta- 
tutes, and  criminal  acts  ^f  parliament,  ought 
not  in  construction  to  be  carried  beyond  the 
letter  and  words  of  the  act.  This  which  he 
has  offored  (as  1  take  it)  is  now  meant  to  shew 
(or  at  least  that  he  apprehends)  that  from  the 
evidence  given,  it  has  not  fully  appeared  he  is 
guilty  of^the  offence  with  which  he  stands 
char^,  within  the  strict  words  and  meaning 
of  this  act  of  parliament :  And  for  this  end  he 
has  been  pleased  to  make  some  observations 
from  the  words  of  the  statute,  what  things  he 
n|iprehcnd8  to  be  necessary  to  bring  him  with- 
in the  compass  of  this  act,  viz.  that  such  woun^ 
or  maiming,  as  is  described  by  the  statute, 
ought  to  be, 

1.  On  puqiose,  and  of  malice  fore4hought. 

2.  By  lying  in  wait. 

S.  \Vith  an  intention  to  disfigure. 

All  tliese  have  been  already  admitted  to  him  ; 
and  he  will  see  every  one  of  these  circumstances 
not  only  taken  notice  of  by  us  in  our  observa- 
tions upiin  the  evidence,  but  also  more  fully 
by  your  lordship,  before  the  jury  gave  their 
Terdict. 

But  with  what  intent  this  fact  was  done, 
whether  of  malice  fore-thought,  by  lying  in 
wait,  and  with  an  intent  to  diangure,  are 
circumstances  only  to  be  collected  t'ntm  the 
evklenceand  tlie  nets  tbemaelrea;  cfirhich 
neither  we  nor  the  court  can  datarmiBC,  but 
can  onlT  be  enqnired  of,  and 
ly  the  Jury ;  and  tbcnfbrai  jthoapii  ll 


be  a  full  answer  to  what  is  now  objected, 
to  say,  that  the  jury  have  considered  of 
tlie  evidence,  have  determined  upon  it,  and 
found  you  guilty  of  the  indictment,  with  all  those 
circumstances  which  the  prisoner  objeels  are 
necessary  to  bring  the  offence  within  the  ita- 
tute ;  though  this,  I  say,  might  be  answer; 
yet  for  the  justice  of  this  prooeedinf ,  and  te 
satisfy  the  prisoner  in  his  own  olgectiona,  jov 
lordship  will  permit  me  to  take  notice  or  tiM 
cases  cited,  and  also  to  recollect  the  evidcMi^ 
so  far  as  the  prisoner  hath  made  it  mil— j 
to  repeat  it. 

I  confess  it  is  with  concern  I  mentioa  it 
again;  for  I  would  not  do  any  tbimrwhieli 
mi^t  add  to  the  weight  of  those  afflifltfena 
which  this  unhappy  p^tleroau  ia  under,  kmi 
not  he  himself  made  it  necessary  to  take  te- 
ther notice  of  it. 

As  to  the  cases  cited,  only  two  of  tlMB 
which  he  mentions  are  cited  to  be  adjndoad  % 
that  at  Dorchester  by  Mr.  Justice  Byre,  thala 
woman  was  indicted  for  murder,  and  upon  eti^ 
deuce  it  appeared  to  be  a  different  offence,  via; 


petit  treason,  for  she  had  killed  her  miitmi  | 
and  that  thereupon  Mr.  Justice  Eyre  cauaejl 
her  to  be  indicted  for  petit- treaaon,  and  she  wae 
convicted.  Certainly,  my  lord,  that  jodgmeal 
was  right,  and  very  just';  for  when  it  apneaiad 
upon  evidence  that  she  was  guilty  of  a  oiiliBlt 
and  different  offence  than  that  of  which  abertwi 
indicted,  could  any  thing  be  mora  just,  tba»ti 
cause  her  to  be  indicted  for  that  offence,  ofwMdb 
upon  the  nature  of  the  evidence,  ahe  anneaMl 
to  be  guilty  ?  The  second  case  cited  or  Ifiaaa 
and  Finch  (which  is  reported  in  Cro.  Cw.)  b 
no  more  than  this :   Evans  went  up  a  ladfMr» 


opened  a  chamber  window  in  the  Temple,^ 
in  and  robbed  the  chamber  in  the  day  tiaa ;  ' 
Finch  held  the  ladder,  and  stood  at  the  foot  of  ^ 
it  when  Evans  entered  :   Evans  was  bangiaiy  ' 
Finch  had  his  clergy,  and  was  only  homi  ia  ' 
the  hand ;  and  with  great  reason':  For  the  ilB^  [ 
tute,  S9  Eliz.  which  takes  away  clergy,  talua  ' 
the  clergy  only  from  him  that  enters;    aai 
therefore  to  have  taken  the  clergy  from  Fiaoht 
who  did  not  enter,  had  been  unjust  and  nn-  ' 
reasonable.      And  as  to  what  is  mentioned  of 
tbc  sUtute  S  &  S  Edw.  6,  cap.  SS,  made  il 
explanation  of  the  statute  which  took  dcffj 
from  him  who  stole  horses,  and  to  take  dcin 
from  him  who  stole  only  one  horse,  tberoM ' 
such  an  act  of  pariiameut ;    but  this  act  Mi  ' 
the  cases  cited,  only  shew  that  regard  hai  al*  " 
ways  been  had,  not  to  extend  penal  ati ' 
beyond  the  worda  of  them.     But  before 
cases  were  mentioned  (snd  indeed  had  thOT* 
never  been  cited)  this  rule  of  constmetioo  hm' 
been  alk>wed  to  the  prisoner ;    for  all  the  pw* 
ticulars  now  insisted  on  by  the  prisoner  we 
before  taken  notice  of  by  the  Cotut,  aadrMl 
stancea   necessary  to  make  cat  the  ofr 
against  the  priaooer:  Norhaaoneof 


J6r  duftgurifig  Edvonrd  Crispe. 


^We  ta  Uie  name  (>urfi(M«,  ami  not 
I  AtJjiMl|fcJ  ;  and  tberetore  I  oeed 
Ml  ukf  fori hrr  itolk4>  o I  i hr rn ,  Bui  cert ai n I y 
ptAlierefici!*  c«ti  W  dmwn  from  ilie  va«:P3  dt<?(j| 

#  Mijr  lli«r  li(ft«i  colmir  to  &jiy,  tliose  cases 
^#»K*iliMl  lh#  firismier  is  ttot  ;;Miitiy  of  the 
liaa  if  «Uitdi  chared  wub»  aud  of  wliicb 
kiacoKnet^. 

I  99  «Qrrjf  be  bus  gliren  tbia  occasion  to 
laiTAJO  tiie  fact  which  bas  been  proT^il, 
iboice  ti  a(t|>eai'«  Ibat  the  jury  bave 
lafOiMrttal  ao«l  just  vpnlict* 
t:f9B*«tW  forgot,  that  this  Vfns  coosulted 
■f  Mi^iriitili  d  fur  three  years  and  more  be* 
i»iv«i|>Ml  tit  rxecutioo;  and  tberetbre  it 
inly  piirpoaed  a»d  of  malice  fore- 
aiaa  tbiu  il  was  by  lyin^^  m  wait. 
CrhIt  ibis  ttnhftppy  gtntteman  cannot  have 
lif«  tW  iigiiAl  M  [jra?e :  and  to  what  pur- 

n««  tli9l  vifciialf  it  none  was  id  waiting  to 
«r  AwS  llmt  tbia  was  witb  an  intent  to 
4^f«pc,  musi  be  submitteti  upon  ihe  fact  and 
^  cTidH»cv.  A  man  usea  a  weapon  fit  to 
IM*  awl  %n  iliafi|^re,  be  cuta  another  oo  the 
fgt  aiifl  lioea  dkfigure  bim^  iha]l  he  afler- 
^pibir  at  Uti«:rty  fo  aay,  il  was  not  bis  in- 
^li»to  ili)f      How  daiigvroua  that  would  be, 

#  ^Bni»  in  nrrry  one ;  tbia  act  would  then 
kaMtiy  rinded^  if  it  aboutd  be  sufHciont,  if  it 
4tM  armil  an  oflVnder,  i*bo  btis  maimed  and 
4%mil  aiMitlier,  to  flay,  Prove  that  i  iotetid* 
lit:  It  vrotild  be  easy  then  to  be  out  of  the 
^nk  of  lliis  act  nf  parbament ;  indeed  if  tbat 

J  mmm  would  be  williin  it,  it  would  he 
mf  wrp&mi  of  tbift  law.     It  h  objected^  liis 
i  visa  fo  ktU  :  be  thai  intends  the  end,  cer- 
y  iittrfiils    ibe    roeana*    especially    those 
ai  wUicb  he   titet ;    and  the  inean^  used 
rcailao^  Mr*  Cnape  on  the  face,  and  dis- 
l^taim  I  ind  the  weapon  in  suctt,  th:it  by 
I  oo  th«  face  witb  tbat  weapon,  could 
»W  diipode4  or  ex|)ected  :  And  if  the  intent 
a|»|i#ftr  from  tbia  fact,  sure  it  never 
I  aoy  :  tbc  intent  of  a  man^s  mind  can- 
hut  from  the  act  which  proceeds 
I  hm  AtiHf  * 
hm  ma^t  thts  ia  the  firit  indictment  on  this 
I  htli«ve  there  hatb  not  been  many  ; 
ia  ihM  ia  an  nCimse  ao  barbarous^  that  I  must 
|il  m  iiioh  ••  aeldom  happens,  and  tbat 
al  hiwi  of  oar  country,  there  was 
t  provided  ecjual  to  this  often ce : 
,  (aa  Ihe  laws  of  most  nations  also 
a^AitiMi  tt(Ti'tu^f>n  ^bich  most  fre- 
lif  hm|f|Mro  ks  an  attempt  so  bar- 

iltai  it    •  <'  ima|ri"<'(l  imy  man 

1 1«  ao  Ivaar  und  wicked  as  to  attempt  any 
f  li»  it,  Bolil  )t  happ«fied  ii»  the  cnne  o1  str 
I  C^foitry  ;  and  then  such  an  abhorrence 
^mm  by  ibr  purbHrnrnt,  that  tbi^  law 
wmdr  8  rui  lo  prevent  the  like 

ftmi  r  It  the  like  od^nc-c, 

»j«*«i>t7  in  t*»ve  the  liJte  puniiihment. 
a,  but  pRiy  your  lordship's 


'  ^"^^  iH"  abterTatioiia  made  at 


ilie  bar  t»eiQ]^  aAer  a  rerdid,  and  therefore  otii 
of  time,  i  ahall  not  trouble  your  lord:$bip  with 
a  rei»etiiioo  of  the  facti  tbat  have  been  proved  ^ 
lurtiter  tbati  the  pHsoner  has  made  it  neces« 
sstary  for  me  to  tneotion  aomc  particulan,  in  or^ 
der  to  make  the  answers  to  what  be  bath  in* 
sifisted  on  the  more  clear  and  plain* 

I  believe  it  has  been  truly  said  by  the  pri- 
soner, tbat  the  present  proseculioD  is  the  firct 
instance  oiany  proceedir^g-  on  this  statute,  and 
I  hope  it  will  be  the  last ;  because  il  is  to  be 
ho|ie<l  there  net cr  will  be  found  any  other  per- 
son so  wicked,  as  to  gire  occasion  for  a  proae^ 
cutioQ  on  ilm  statute. 

1  beliere  likewise,  that  the  Irae  design  of 
making  this  statute  waa  to  sabject  persons  to 
deatb,  who  intended  to  maim  only,  where  the 
maiming  was  in  such  manner  as  is  mentioned 
in  the  statute  ;  but  I  cannot  tbiuk  that  it  does 
from  thence  follow,  that  a  person  who  intenda 
to  murder,  and  only  maims,  is  not  within  tint 
statute;  for  though  it  bbould  be  taken  that 
there  was  an  intention  to  murder,  ^e\  from  the 
fact  done,  from  the  manner  of  doing  it,  and 
from  the  weapon  made  uic  of,  it  seeiiis  appa- 
rent that  the  prisoner  intended  to  maim  ;  and 
the  jury  have  now  found  that  he  did  so  intend 

As  to  the  cnnes  »hicb  the  prisoner  has  cited^ 
J  beg  leave  lo  consider  each  of  thi  m,  and  offer 
such  ansv«ers  to  tbem  as  now  occur 

The  first  case  he  boa  been  pleased  to  cita,  ia 
thus  put : 

A  and  B,  of  malice  fore*thouglit,  appoint  ta 
meet  and  (ight  a  tluel^  A  in  the  reurouoter  runs 
B  into  the  eye,  and  nuts  it  out :  iht*  prii%oner 
says,  such  a  case  would  not  be  within  this  sta- 
tute. 

i  agree  it  would  not,  because  this  case  baa 
not  the  circumstances  i%hic1i  ibe  statute  re- 
quires; for  ill  the  case  thusi  put  ibere  i?i  no  ly- 
ing in  wait,  which  is  a  circumstance  required 
by  Ihe  statute. 

J I  is  said,  that  if  A  lies  in  wail  lo  rob  B,  B  re- 
sists, and  in  the  scutQe  is  maimiHl  in  the  man- 
ner described  by  the  statute,  tbat  such  maim^ 
ing  woulil  not  oe  punishable  by  tbiii  sutute ; 
but  1  do  not  observe  any  case  is  cited  It)  prove 
this  assertion :  and  I  an,  witb  submission  lo 
your  lordship,  inchned  lo  think,  tbat  if  there 
are  a  lying  lu  wail,  with  malice  fore-thougbl, 
with  intepi  to  rob,  and  in  proset:utuig  ibis  in- 
tent the  robbers  should  asiiuult  and  muim  in  the 
manner  described  by  the  stanit«\  that  such 
maiming  would  be  %tithut  tliis  statute. 

It  IS  said,  that  though  the  intent  lo  murder 
makes  the  oAenc^  worse  Ibati  if  the  intent  had 
been  only  to  maim,  yet  such  intent  proves  tt 
not  bo  be  the  same  otfeoce  which  is  meotianed 
to  the  statute:  and  if  a  uian  btt  indicted  of  an 
offence  of  an  inferior  nature,  and  ujnm  the  evi- 
dence it  ap|»ear8  tbat  be  is  guilty  «f  *«  offence 
of  a  superior  nature,  tlie  person  indicted  mast 
he  acquit  fed  ;  and  to  prove  this,  a  case  is  cited, 
ivhich  is  said  to  have  beeti  before  Mr.  Jiittioe 
Eyre,  at  Uorchealer  AAsise^.  The  caae,  aa 
put,  is  this  t  A  wouian  is  indicted  for  Ihe  mur- 
der of  another  woman  ;  oa  Ihe  evidence  it  ap- 


4 


91] 


S  6EOROE  I.       Trial  of  John  IVoodburne  and  Atundel  Coke. 


geared,  that  the  penOD  murdered  wu  her  mis- 
Iresf,  which  mue  the  crime  petty  treason: 
this  was  found  specially,  and  upon  conference 
with  the  judges,  they  were  of  opinion,  that  the 
woman  ought  to  be  acquitted  upon  this  indicts 
ment. 

Admitting  this  case  to  hare  been  adjudged, 
I  apprehend  it  does  not  aflRect  the  present  case. 

The  law  has  distinguished  crimes  under 
different  denominations;  and  as  offences  are 
ranked  under  different  species,  so  the  indict- 
ment must  be  suited  to  that  sort  of  crime 
whereof  the  party  is  guilty;  and  therefore 
proving  a  person  guilty  of  a  tact,  known  in  the 
law  by  the  name  of  petty-treason,  does  not 
protre  him  jguilty  of  an  indictment  for  murder ; 
murder  bemg  an  offence  which  the  law  has 
distinguisbed  from  petty-treason,  and  to  which 
it  has  assigned  a  different  punishment. 

But  in  the  present  ease,  that  oflence  which 
is  chai|^  in  the  indictment,  is  proved  in 
every  circumstance,  and  the  facts  proved  do 
constitute  that  crime  which  is  made  felony 
without  clergy  by  the  statute.  The  statute  re- 
quires lying  in  wait,  it  requires  malice  fore- 
thought, it  requires  slitting  the  nose,  &c.  with 
intent  to  maim,  &c.  The  indictment  charges 
these  (acts,  the  witnesses  have  proved  these 
facts  to  the  satisfaction  of  a  jury,  which  have 
found  the  defendant  guilty  of  the  charee  as 
laid.  a      ^  6 

The  prisoner  says  farther,  that  this  is  a  very 
penal  statute,  and  that  penal  statutes  are  always 
taken  with  the  utmost  strictness  ;  and  to  prove 
this,  cites  a  case  adjudged  on  the  statute  39 
Eliz.  by  which  statute  elergy  is  taken  away 
from  any  person  or  persons,  who  shall  l)e  con- 
victed of  taking  away  monev,  &c.  in  any 
dwelling-house,  &c.  iu  the  day-time,  to  the 
value  of  5s. :  and  to  prove  the  same  mata-r, 
an  instance  is  likewise  put  of  the  constnictiau 
ou  the  statute,  1  £liz.  cap.  12,  which  takes 
away  clergy  from  such  persons  as  shall  be  con- 
vict of  feloniously  stealing  horses,  &c.  The 
case  in  the  statute  39  Eliz.  is  the  case  ol'  Evans 
and  Finch,  Cro.  Car.  473,  in  which  case 
Finch  had  his  clergy,  Itecause  he  did  not  ac- 
tually enter  the  chamber  and  take  the  money. 
The  construction  on  Kdw.  6,  was,  that  clergy 
was  not  taken  away  from  a  person  who  felo- 
niously stole  one  horse. 

But  I  appiehend  neither  of  these  cases  come 
up  to  the  case  now  before  your  lordship.  As 
to  the  case  of  Evans  and  Finch,  which  was  a 
case  upon  the  sUtulc  39  Eliz.  By  that  sta- 
tute a  person  is  ousted  of  clergy  who  takes 
away  money  to  the  value  of  5«.  in  any  dwell- 
ing-houSe,  &c.  Finch  did  not  enter  into  the 
house,  for  he  only  stood  on  the  ladder ;  and 
therefore  he  was  not  within  the  words  of  that 
statute,  which  spoke  only  of  persons  who  look 
away  goods  in  an  honse,  &c. 

As  to  the  construction  upon  the  atatiite 
1  Edw.  a,  it  is  plain  that  the  folonioos  tlMling 
one  horse  oould  not  be  within  an  aet  of  jpar- 
it,  whwh  took  awaydeigT  otfly  mm 
peraoDS  as  MoDiottsly  nolo  hoiMib   VM 


reason,  therefore,  of  these  caaea  waa»  t! 
facts  proved  did  not  bring  the  persons  a 
within  the  words  of  the  statute. 

But  it  is  not  so  in  the  case  now  befor 
lordship ;  for  the  prrisoner  is  found  guilt 
fact,  which  is  within  the  words  of  the  i 
upon  which  he  is  indicted ;  and  every  c 
stance  required  to  make  him  guilty  ' 
felony  mentioned  in  the  statute  has  beei 
fully  proved. 

My  lord,  I  am  very  sensible  that  the 
tions  taken  at  the  bar  being  after  Terdi< 
not  require  these  particular  answers;  b 
being  a  case  wherein  life  is  concerned, 
the  impropriety  will  be  excused. 

L,  C.  /.  I  do  agree  vrith  the  prisom 
this  is  a  penal  law,  and  not  to  be  extent! 
equity :  that  he  that  is  guilt v  witliin  tl 
tnte,  must  be  guilty  of  all  the  circumi 
within  it;  and  if  any  one  of  the  circums 
prescribed  by  the  statute  be  wanting,  hi 
guilty.  Aui  therefore  in  all^  those  cas 
"y  you*  if  any  one  of  the  circurastano 
scribed  by  the  statute  be  wanting  in  ai 
of  them,  such  case  is  out  of  the  statute 
whether  all  the  circumstances  required  I 
statute  did  not  concur  in  your  case, 
matter  of  fact,  which  the  jury,  who  m 
proper  judges,  have  tried ;  and  on  suci 
they  have  found  them  all  to  concur.  Yoi 
to  argue  upon  a  supposition  of  this  fact 
otherwise  than  the  jury  have  found  it 
jury  have  found  you  gudty  of  all  the  ci 
stances  within  the  statute.  There  vi 
matter  of  law  iu  this  case,  but  matter  of 
whether  on  purpose,  and  of  malice  fore-th 
and  by  lying  in  wait,  the  nose  of  Mr.  i 
was  not  slit,  with  intention,  in  so  doi 
maim  or  disfigure?  And  whether  you 
not  feloniously  present,  aiding  and  abe 
I'he  jury  had  the  whole  evidence  before 
they  considered  of  the  whole  matter, 
preparation  and  lying  in  wait  to  do  tb 
of  the  fact  itself,  of  the  means  and  iostr 
made  use  of  to  do  it ;  of  the  manner  of 
it,  and  of  all  tlie  other  circumstances  am 
ticulars  relating  to  the  fact :  and  on  the  ' 
after  they  had  withdrawn,  and  com 
amongst  themselves  for  some  time,  the; 
found  yon  guilty  within  the  terms  and  ci 
stances  of  the  statute  ;  so  that  though  i 
cases  put  by  you  should  be  very  good  la* 
they  00  not  any  wise  affect  yours,  becau 
are  actually  found  guilty  of  the  crime 
have  you  therefore  any  thing  to  say  a 
the  indictment  itself? 

Coke.  No,  my  lord ;  I  hope  I  has 
glimpse  more  from  the  king's  most  gi 
pardon,  that  was  published  in  the  Gaset^ 

L,  C.  J.  If  you  offer  any  pardoo  by 
parliament,  or  under  the  gieat  seal, 
take  notice  of  it,  and  allow  it  to  yoia 
yoo  flBcan  only  a  promiw  of  a  paidoa 
Oaseltey  or  other  public  adrartiiMaw 

^•pplylbrtinliDaiiotbcrplaflOi  t 


Drial  efChmtopher  Lmfer. 


A.  B,  1791: 


[M 


\  I  aball  haf«  the  beneAt  ^ 
iproausad ;  and  that  hit  imh 
moioHriy  pleated  to  fpmoX  itne. 
r  joa  iMvea  right  to  it,  yoa  need 
tfM  wittteTeh:  hb  majettyit 
hie  wiU  make  ^[otd  wbalaoefer  he 
4  ;  but  Ibr  thit,  jronr  applicatioB 
ediirtely  m  hit  majettv. 
If  of  your  hmlthlp  that  you  will 
,  that  1  may  not  be  hurriM  oat  of 
mtlv. 
ilMlf  ctnaider  of  it,  and  gire  yoa 

^krr.  Cffy«r,  make  an  O  Yet. 
wt  aoTereign  lord  the  king  doth 
ft  and  command  all  manner  of 
me^  -tikBee,  whilst  jndgnient  is 
Ihe  pffinuuera  convicted,  upon  pain 


r«a  Uwt  are  the  prisoners  at  the 
t  been  indicted  and  conricted  of 
id  hcuioat  oflencet;  I  am  reiy 
•  hmve  been  the  ooeation  of  bring- 
Hto  imfiMtunate  ends,  and  that 
I  idanrboly  neceasity  on  me  to 
bn  WBtoice  of  death  upon  yoa : 
HWo  Ike  jury  hare  foiind  yoo 
y  tlie  tew  yoa  hare  forfeited  yonr 

lard,  I  am  athamed  of  myaelf ; 
|Ht  to  appear  at  thit  time  m  this 
9  1  kavc   appeared  in   another 

■ore,  Mr.  Coke,  yoa  ought 

on  year  past  life:    yoa 

Mt  yoa  hare  been  a  great 

had  malice  in  your  heart 

eeman  abore  three  years. 
my  lord,  I  know  nothing  of  it. 
Pmm  hath  sworn,  that  three  years, 
am  and  a  half  ago,  you  sent  to 
■Based  to  him  the  knockiDg  Mr. 

hitad. 


itotkat 


Vial  of  Chuistopher  Later,  esq.  at  the  Kiug's-Bencb, 
Treason,*  Nov.  21 :  9  Georoe  I.  a.  d.  1722. 


Cikf.  1  dodedare  ft;  iiiyleM,-at  I  ikJk 
aatwcr  it  at  the  grebt day,  I  never^apokata 
Ifoon  about  any  tocb  thii^. 

X»  C.  J.  Suppotbg  what  Moon  had  taid-'to 
be  too  much,  yet  the  Crimea  yon  own  aad 
cannot  deny  are  exceeding  hcanoat.  Yoa  own 
that  you  inrlted  yonr  brother  to  top  at  yoar 
honse,  on  porpote  that  yoa  ought  hate  an  op* 
portnnity  of  mardering  him.  This  k  tooh.^ 
criaie at shockt human natara;  thebaraman* 
tinning  of  It  it  ftightftil  and  terrible.  Tba 
deeper  therefore  your  crime  it,  the  deeper 
yonr  renentaaoe  oimt  to  be.  Too  hata Jiaad 
to  huaUrfc  younelfet  belbra  AUoighty.God, 
Betidet  tiie  jodgment  ofihalaw,  theialtalta 
hit  jadgoieot-anit,  belbra  whidi  .yoo. 
likewite  appear:  there  all  thingt  ar^ 
and  bare,  without  coloar  or  disgoipe;  .  _^^ 
man  must  there  appear,  and  raodve  aceoidiag 
to  the  truth  of  hit  actioBt,  at  ^biq  were,  good 
or  bad.  How  far  It  may  pfeata  Qod  toaztand 
hit  mercy  to  yon,  I  know  not ;  ha  it  infioita 
in  mercy  aa  well  at  in  atery  other  nerfintioo: 
and  tilit  we  are  mire,  that  ha  nerer  otoiet  it  ti» 
any  who  are  prepared  to  receive  it  Badmi" 
TOUT  therefire  to  reconcile  yonrtdvet  to  \ua^%. 
improve  with  dil^peoca  tba  little  tunathaion^. 
be  allotted  yon :  tend  fbr  prpper  persom  who 
may  advite  and  aasist  jfou :  ibr  at  to  th^  ju4g* 
meat  of  the  tew  whicb  It  to  be  now  ] 
npon  yoo  all,  it  u  thit : 

<  ThiA  yoo,  and  each  of  you,  go  from  heoca 

<  to  the  place  from  whence  yoa  came^  and  ftom 

<  thence  to  the  plaiee  df  ezecotion,  wlmre  yoo 
*  thall  be  teverally  hanged  bjr  the  neck  till 

<  yon  be  teverally  and  reipectively  dead  ;  and 

<  the  Lord  have  mercy  apon  yoursonlt.* 

Then  the  keeper  carried  awajr  the  pritonert 
to  the  gaol  to  be  reterved  till  their  execution. 
And  on  Saturday  the  Slst  of  March,  1799, 
they  were  executed  at  Bury  St.  Edmond't. 


tiie  8lBt  of  October,  Ghristo- 

bronglit  to  the  bar  of  the 

ich  at  Westoi'iDster,  upon 

directed  to  the  lieuteoant  of 

I,  io  order  to  be  arraigned 

Ibr  High-Treason  in  com- 

the  death  of  the  king, 

jury  for  the  countv  of 

eommissioners  of  Oyer 

"  lord,  we  pray  the  return 
May  be  read. 

flf  the  Crown,  reads 
'Hlilrtis,  by  which  it 


appeared  that  the  prisoner  was  committed  to 
the  Tower  for  high-treason. 

Sen.  Pengelfy,  We  pray  that  the  return 
may  be  filed. 

L  C.  J.  (Sir  John  Pratt.)    Let  it  be  filed; 

Serj.  Pengelfy.  My  lord,  there  is  an  indict- 
ment of  hi^  treason  found  in  the  countv  of 
Essex  against  Mr.  Christopher  Layer,  which 
hath  been  removed  into  this  court  by  Cer- 
tiorari ;  the  Certiorari,  and  the  return  thereof 
hath  been  filed,  and  the  prisoner  is  now  brought 
into  court  in  order  to  be  arraigned. 

L.  C.  J.  Read  the  indictment. 

Ct,  of  the  Cr.  Christopher  Layer,  hold  up 
your  hand. 

"  You  stand  indicted  by  the  name  of  Chris- 
topher Layer,  late  of  the  pariah  of  St.  Andrew*s 


05] 


0  GEORGE  L 


Holborn,  in  tbe  eountj  of  Middlesex,  €tq.  for 
that  you  beings  m  subject  of  our  most  serene 
lord  George,  low  king  of  Great  Britain, 
France  and  Ireland,  defender  of  tbe  faitb,  &c. 
not  having  the  fear  of  God  in  your  heart,  nor 
weighing  the  duty  of  your  allegiance,  but  being 
moved  and  seduced  by  the  instigation  of  the 
devil,  as  a  false  traitor  against  our  said  lord  the 
king,  your  supreme,  true,  lawful,  and  un- 
doubted lord;  withdrawing  that  cordial  love, 
and  true  and  due  obedience,  fidelity,  and  alle- 
giance, which  every  subject  of  our  said  lord  tbe 
king  towards  him  should,  and  of  right  ought  to 
bear ;  and  designing,  and  with  all  your  might 
traitorously  intending  the  government  of  Uiis 
kingdom,  under  our  said  lord  the  king  duly 
and  happily  established,  to  change,  alter,  and 
stibvert ;  and  our  said  lord  the  king  of  and  from 
tbe  title,  honour,  royal  estate,  empire  and  go- 
Temment  uf  ibis  kingdom  to  depose  and  de- 
prive ;  and  our  said  lord  the  king  to  death  and 
final  destruction  to  brin^  and  draw ;  and  the 
person  during  the  life  ot  the  late  kin^  James 
the  second,  pretended  to  be  prince  ot  Wales ; 
mod  after  tUe  decease  of  the  said  late  king,  pre- 
tending to  be,  and  taking  upon  himself  the  stile 
mod  tide  of  king  of  England,  by  the  name  of 
James  the  Srd,  to  tbe  crown,  royal  state  and 
dignity  of  king  of  this  kingdom,  and  to  the 
empire,  government  and  possession  of  the 
same,  to  exalt  and  bring,  the  25tb  day  of  Au- 
gust, in  tbe  ninib  year  of  tbe  reign  of  our  said 
sovereign  lord  the  king  that  now  is ;  and  at 
divers  other  days  and  times,  as  well  before  as 
after,  at  Laytonstone  in  the  said  county  of 
Essex,  falsely,  maliciously,  devilishly,  and 
traitorously  did  compass,  imagine,  and  mtend, 
our  said  lord  the  king,  your  supreme,  true, 
lawful,  and  undoubted  lord,  of  aud  from  the 
title,  honour,  royal  estate,  empire  aud  govern- 
ment of  this  kingflom  to  depose  and  deprive; 
and  our  said  lord  the  kinp^  to  death  and  final 
destruction  to  put  and  bnng.  And  that  you 
the  said  Christopher  Layer,  to  accomplish  and 
jbring  about  your  said  treason,  and  devilish  aud 
traitorous  intents  and  purposes,  did,  with  divers 
other  false  traitors  to  the  jurors  unknown,  on 
tbe  said  25th  day  of  August,  in  the  said  ninth 
year  of  the  reign  of  our  said  lord  the  king,  and 
at  divers  other  days  and  times,  as  well  before 
as  after,  at  Laytonstone  atbresaid,  in  the  said 
county  of  Essex,  by  force  and  anatj,  ike, 
falsely,  maliciously,  dfevilishly,  and  traitorously 
did  meet,  propose,  consult,  conspire,  consent 
and  agree,  to  move,  raise,  and  levy  insurr*  ciion, 
rebellion,  and  war,  within  this  kingdom  against 
our  said  lord  the  king,  for  the  traitorous  pur- 
poses aforesaid.  And  that  you  the  said  Chris- 
topher Layer,  for  tbe  more  effectual  complet- 
ing and  perfecting  the  said  treason  and  trai- 
torous intentions  and  purposes,  on  tlie  said  35th 
day  of  August,  in  the  nmth  year  aforesaid,  at 
Laytonstone  aforesaid,  in  tbe  said  county  of 
Essex,  by  force  and  arms,  &c.  maliciously  and 
traitorously  did  publish  a  certain  maUciouSi  se- 
ditions, and  traitorous  writing,  cootaioioff  and 
parportiog  (aaMQ|it  oikcr  iknpl  aaedrnta- 


Trial  of  ChristojAer  Layer, 

tion,  incitement,  and  promises  of  rewan 
faithful  subjects  of  our  said  lord  tho  k 
persuade,  move  and  excite,  to  take  up 
aud  to  levy  and  make  war  within  this  i 
against  our  said  sovereign  lord  tbe  kii 
the  traitorous  purposes  and  intentions 
said.  And  that  you  tlie  said  Christ 
Layer,  for  tbe  more  effectual  ooropletii 
[>enecting  the  said  treason  and  traitorous 
tions  and  purposes,  with  other  false  trait 
the  jurors  unknown,  on  the  said  25tb  > 
August,  in  the  ninth  year  albresaid,  i 
divers  other  days  and  times,  as  well  beft 
after,  at  Laytonstone  aforesaid,  in  thi 
county  of  E^sex  by  force  and  arms 
falsely,  maliciously,  devilishly,  and  traito 
did  meet,  propose,  consult,  conspire,  cc 
and  agree,  by  an  armed  force,  and  by  » 
to  be  raised  and  got  ready  for  the  traitnroi 
poses  aforesaid ;  tbe  saiu  person,  during*  t 
of  tbe  said  late  king  James  the  second,  prei 
to  be  prince  of  Wales,  and  since  the  decc 
tbe  said  late  king,  pretending  to  be,  and  i 
upon  himself  tbe  stile  and  title  of  king  ot 
land,  by  the  name  of  James  the  3rd,  ' 
crown,  royal  estate,  and  dignity  of  king 
kingdom,  and  to  the  empire,  governmen 
possession  of  tbe  same  to  exalt  and  brini 
that  you  the  said  Christopher  Layer,  fc 
more  effectual  completing  and  perfectii 
said  treason,  and  traitorous  intentions  and 
poses  albresaid,  on  the  said  25th  day  o 
gust,  in  tbe  ninth  year  aforesaid,  and  at 
other  days  and  times,  as  well  before  as  al 
Laytonstone  aforesaid,  in  the  said  cou 
Essex,  by  force  and  arms,  dkc.  malicious! 
traitorously  did  get  ready,  raise,  and  reti 
veral  men,  to  the  jurors  unknown,  to  tal 
anns,  and  to  levy  and  wage  war  withii 
kingdom,  against  our  said  sovereign  lo 
king,  for  the  traitorous  pur|)oses  aforesaic 
that  you  the  said  Christopher  Layer,  f 
more  effectual  completing  and  perfectio 
said  treason,  aud  traitorous  intentions  aui 
[wses  aforesaid,  on  the  said  25th  day  o 
gust,  in  the  ninth  year  aforesaid,  aud  at 
other  days  and  tiuMs,  as  well  before  as  af 
liSytonstone  aforesaid,  in  the  said  cou 
Essex,  with  other  false  traitors,  to  the  . 
unknown,  by  force  and  arms,  &cc.  malici 
devilishly,  and  traitorously  did  meet,  pr 
consult,  conspire,  consent  and  agree,  the  i 
person  of  our  now  sovereign  lurd  king  G 
for  the  traitorous  purposes  aforesaid  most 
ediy  to  take,  seize,  imprison,  and  detain  i 
to«ly  against  the  duty  of  your  allegiance,  a 
the  peace  of  our  said  sovereign  lord  the 
his  crown  and  dignity,  and  against  the  f«: 
the  statute  in  that  case  made  and  provide 

Prisoner,  If  your  lordship  \«yi  please 
dulife  me ; 

My  lord,  I  am  broucfbt  here  in  chain* 
ters  and  in  chains.  JMy  lord,  I  have  bo* 
more  like  an  Algerine  captive  than  a  fir* 
Englishman :  I  have  beea  dragged  * 
the  streets  by  tbe  hands  of  gaolers,  *■ 
beea  nudii  a  al^eir  uhI  «  ■peOade  qC 


^ar  tUgh  Trt&son. 


A.D.  1722. 


[98 


'^t  af  justice  f>cfore  your 
titnewtU  eotue  wlieu  1 
4iilii«  n   i^LifJi'l         >      '    1 1  ::)|,  an<l  not  be  I 
M^  t  BMnifice  to  I  uiJ  lury  of  aoy 

■i^.vr  tlie  neciiwity  ot  tuti  times.  My  Iciru, 
IWt  >^  isttl  (hi»,  but  I  have  been  ittsulte<i 
acp  I  cmJDf  ''-•^'  •'  r-  hall  i  a  gentleman  came 
you  rnit>»i  die,  or  tlie  plot 
La. ,  ,-^.  L4,  lUia  is  uso^e  itisufferable 
naiioti ;  nnd  I  think  1  can  lay 
tny  Ueartf  and  say,  1  bave  dooe 
j^iast  in  J  con£»cieDce. 
%K\.  PgMMeliy.  If  i^lr.  Layer  liatb  any  ob- 
i  i«  uir  mdirttwent  he  may  make  ihem, 
'  1  iKiC  1^  on  in  thtH  nianiier. 

My  l^f*U  I  hfjpe  (si  I  all  have  these 
^Mi  cakm  on,  tb&t  1  may  have  the  free  ii»e 

^ikM    fT^KIO   ur:    '  lilior    whlch    Gt>(J 

liAgttro  iti«r.  II  me  thestran- 

fantoUlial  de;;rt;f  tiial  J!i  vti  y  paUiful^ atttl  I 
snilymir  tonUhip  la  afflicted  with  that  dts- 
tajm.  I  lio[M!  ihrae  chains  sihalt  be  taken  oiT 
•  Aiirmt  plsac>e,  atid  then  I  hope  1  shall  have 

ai«a«^%  U^utlt'f  trr^], 

L  t  live  been  a   great  many 

•^p  h  wecunuoiexamineipto. 

Ta  Hit  givrti  a  general  charge  of  some  peCH 

^        '  fiii  ill,  your  expressions  are  not  juKt 

I  rtfll  i    ycia  cbarg^e  no  particular  person  ; 

I  can  take  no  notice  oi'  them.     A 9  to  the 

I  j«u  enoiplatt]  oi'^  it  must  be  hi\  to  iboiie 

^itas  ilir  L'a^totty  of  you  h  committed  by 

lB.li  ukecare  tliat  you  may  not  make  your 

^^:   «li€o  yoti  curae  to  your  trial  then 

^ilMitii  moy  be  la  ken  off."    Consider  the 

•liir  afthis  dus  ;  if  you  hafc  any  objeclions 

rtttdictoirQi  the  Court  wilt  beartbem  ^  if 

M  Oiiavt  plead, 

.  Ora.  (Sir  Holjert  Raymond)      f  am 

kiiaf  ts  in  ten  dill  hut  that  he  should 

'  r  trial ;   but  to  cam|ila(n  here  of  hard 

^f*,  «/  tkmhn   and  imjmsonment,  carries 

'^'^   •  t  rrftrction  of  cruelly,  and  »ve  know 

1'^  may  have  abroad.   My 

there  is  any  occasion  for 

e  in  answer  to  this,  than 

u  been  kept,  as  all  persons 

TOawuiioes  are,  when  ibey  ha?e  been 

^  [•§  make  an  escape  ;    there  was  an 

\  nature  tnarlc*  by  him,  and  I  be* 

»ill  lay,  but  f*T\  such  an  occasion, 

■^ticidar  care  that  he 

I  wca?'  id,  as  to  any  other 

'  ^''  ».'  what  he  says  is  not 

■t,  but  that  he  has  as 

'iy  a«  is  proper  aud 

^id  It  4ti  wiiat  i»  iaid  in  rexpect  la  the 

iia^M  hJm  In  ihf  !i:dl,  1  know  no- 

:c;    but  cannot 

i>  ktter  lur  people 

m  cunccrt  tog-elher, 

V"  ;  and  I  do  not  know 

s^btbe  somebody  set 

tetuMoo  to 
h#ltt»p4i!d 


^^ft 


ati  escape  once;,  if  true,  ought  to  be  secured  io 
such  manner  as  to  prevent  his  escapinc^  a  se- 
c^iod  time.  The  gentleman  gaoler,  what  doth 
be  sny  ? 

Gentleman  Gaoler.  My  lord,  he  never  at- 
tempted to  escape  since  lie  was  in  my  custody* 

Att,  Gen,  No,  ii  was  iKt^ire. 

Sol.  Gen,  (Sir  Philip  York.)  My  lord,  Ihtf 
complaint  is  made  for  no  other  purpise  but  lo 
capttvaie  the  minds  of  the  by- stand  ei^,  without 
any  jusi  grounds  in  the  world  ;  tor  if  the  whole 
of  the  complaint  made  sod  ag^gravated  in  this 
solemn  manner  be  considered,  it  amounlii  only 
to  this,  that  a  prisoner  who  stands  charged 
with  so  great  an  offence  as  high  treason  (who 
I  admit,  notwithstanding  the  weij^ht  of  that 
charge,  ought  to  bare  all  ibf  justice  nod  alt 
the  opportunity  of  defending'  himself  which  the 
law  allows)  J  my  it  amounb  to  no  more  than 
this,  that  a  prisoner  in  these  circiimMarices  is 
brought  up  hither  under  a  yuard,auil  in  fetters^ 
as  persons  in  that  condition  uMTaliy  are.  It  is 
very  well  known  that  when  thii*  gentleman  was 
in  the  custody  of  a  raessentfer,  he  not  only 
made  an  attempt  to  escape,  but  actually  es- 
caped, got  out  of  a  window  two  pziir  of  stairs 
high,  and  from  Ibence  over  the  water  into 
Southwark  ;  and  since  that  is  so,  can  there  btt 
any  colour  to  say  that  what  was  done  atler* 
wards  was  unwarrantable  f  1  cannot  help  say* 
Joff  on  this  occasion,  that  it  does  not  become 
the  candour  a  person  in  the  prisoner's  circum  - 
stances  ought  to  shew,  to  aggravate  and  mako 
such  a  misrepresentation  oi  the  usag-e  he  has 
received.  As*  to  what  has  happened  in  the  hall 
we  know  nothing  of  it,  nor  can  jmssibly  tell 
how  true  it  is.  If  any  such  thtn^^  was  said,  it 
is  not  impos!iible  to  nave  been  by  somebody 
that  was  set  there  on  purpose  by  the  friends  of 
this  gentlenian.  I  say  thuH  much,  my  lord, 
not  because  1  think  it'maten^il  to  the  bu^iiiiess 
of  this  day,  but  because  1  would  not  have  it 
gone  away  with  that  there  has  been  any  bard- 
fliip  put  upon  the  prisoner  contrary  to  law. 
No,  liis  majesty,  ^bo  makes  the  Ian  s  of  the 
land  the  rule  and  measure  of  all  his  actions, 
though  be  will  have  justice  done  to  himself 
aud  his  government  against  any  person  tliat 
shall  conspire  to  overthrow  it,  yet  he  will  suf- 
fer no  hardeihtps  to  be  done  even  to  such  per* 
sons,  contrary  to  law ;  and  nothing  has  been 
done  in  this  case  but  what  was  legal  and  abso* 
lutely  necessary, 

Mr.  Hungcrjhrd,  My  lord,  I  beg  to  be  in- 
dulged a  few  words ;  that  he  is  in  chainv  now 
is  demonstrable ;  aud  he  hath  told  me,  when  in 
the  Tower  with  him,  that  they  arc  so  jp-ievou* 
to  him  that  he  cannot  sleep  but  in  one  posture, 
viz.  11  (Kin  his  back  ;  and  that  he  hath  not  ai- 
teiopted  to  esca(>e  out  of  the  Tower,  is  given  ia 
evidence  by  the  gentleman  gaoler,  whu  huib, 
and  will,  f  verily  believe,  execute  his  auibo* 
riiv  with  all  humanity,  for  be  now  helps  |o 
bold  up  his  chains,  otherwise  the  piisoner 
could  not  stand.  My  lord,  it  is  Raid  it  is  no- 
tbtog  but  what  is  usual  in  cases  of  this  nature* 
My  Jord|  1  believe  I  might  cballt;nge  thcin  i» 

U 


99] 


9  GEORGE  L 


gwe  an  instance  where  any  prisoner  wai 
ihackled  with  irons  in  the  Tower  before  Mr. 
Layer;  his  majesty's  prisoners  of  the  Tower 
are  such  strangers  to  this  usage,  that  they  had 
not  the  very  materials  there,  they  were  sent 
for  from  Newgate,  and  I  hope  they  will  he 
carried  back  again  thither.  Your  lordship  hath 
hinted  it  as  an  indulgeuce  intended  to  him 
when  he  comes  to  his  trial,  that  his  irons  shall 
be  taken  off:  hut  I  hnmbly  insbt  upon  it  that 
by  law  he  ought  not  to  be  called  upon,  even  to 
plead,  till  his  fetters  are  off.  My  lord  Coke. 
(3  Inst.  35,)  is  clearly  of  that  opinion  in  his 
Pleas  of  the  Crown  ;  and  is  admitted  on  all 
hands,  that  when  he  comes  to  be  tried  his 
shackles  roust  be  off,  and  ujkiii  a  debate  it  was 
so  determioed  in  Cranhurne's  Case,  (vol.  13, 
p.  392.)  The  only  reason  assigned  for  putting 
of  irons  at  all  upon  a  prisoner,  is  to  keep  him 
in  safe  custody  (for  the  laws  of  England  allow 
of  no  tortures)  and  the  reason  why  they  are 
taken  off  in  the  conrse  of  proceeding  against 
him  in  a  court  of  justice,  it  seems  to  be,  that 
bis  mind  should  not  be  disturbed  by  any  unea- 
siness his  body  or  limbs  should  be  under ;  and 
as  to  the  distinction  that  his  chains  should  be 
ou  when  he  pleads,  because  but  for  a  moment, 
or  a  short  time,  and  off  when  he  is  tried,  be- 
cause that  u  ill  he  of  longer  duration  ;  it  is  pos- 
sible that  what  we  have  now  to  say  may  be  as 
long  as  some  trials.  I  should  (with  submis- 
sion) think  that  something  of  the  dignity  of  the 
Court  might  be  considered  in  this  matter,  fir  a 
court  of  justice,  the  highest  in  the  kingdom  for 
criminal  matters,  where  the  king  himself  is 
supposed  to  be  personally  present,  to  have  a 
man  plead  for  his  life  before  them  in  chains, 
seems  to  be  Tery  unsuitable.  He  is  now  be- 
fore the  same  awful  and  just  tribunal  which  he 
will  be  before  when  he  is  tried,  and  why  not 
therefore  without  chains  as  well  now  as  then  ; 
and  as  to  the  safe  custody  intc-nded  by  the 
irons,  is  the  man  like  to  run  away  here  ?  Is  he 
not  here  too  well  guarded  to  escape  ? 

Mr.  Ketelhry,  If  your  lordship  please  to  fa- 
vour me  a  fe.v  words.  My  lord,  what  hath 
been  his  usage  in  bringing  him  up  hitlier  I 
cannot  tell ;  what  the  usage  of  the  Tower  is 
with  respect  to  the  putting  chains  upon  priso- 
ners, I  am  ignorant  uf ;  but  this  i  must  l»cg 
leave  to  say,  that  he  is  entitled  to  have  bis 
chains  off  kietbrc  he  pleads,*  in  point  of  law : 


Trial  of  Christopher  Lajfer,  [100 

the  authorities  for  it  are  my  lord  Coke  Id  hit 
third  Inst.  fol.  34,  who  says,  that  *•  When  pri- 
soners oome  in  judgment  to  answer,  tbev  ihall 
be  out  of  irons,  ami  all  manner  of  bonoe,  that 
their  pain  may  not  take  away  their,  reaioo,  nor 
constrain  them  to  answer,  hot  at  their  free 
will ;"  (Brit.  c.  5,  fol.  14,)  and  in  fol.  S5,  he 
cites  the  words  out  of  the  Mirror,  chap.  6,  secL 
1,  **  It  is  an  abuse  that  prisoners  be  charged 
with  irons,  or  put  to  any  pain  before  they  be 
attainted.*'  At  the  trial  of  Cranbame,  wfacB 
Jie  was  brought  up  here  before  my  lord  ebidT 
justice  Holt,  he  insisted  that  his  chains  ehoahL 
be  taken  off  before  he  pleaded,  and  it  wm  or- 
dered. This  was  likewise  mentioned  in  iIm 
trials  of  Dorrel,  Gorden,  and  Kerr ;  when  they 
came  up  in  their  irons  to  plead,  it  waa  mottd 
at  first  that  those  irons  ought  to  be  taken  oA 
The  Court  declared,  that  if  the  prisoners  ia^ 
sisted  on  it,  it  ought  to  be  done :  hat  they  M 
not  insist  on  it,  they  raiher  chose  to  ware  thtt 
privilege  than  undergo  the  trouble  of  having 
them  knocked  off  in  court.  There  in  a  resoliH 
tion  in  this  case.  In  the  10th  fol.  of  Keiynff^ 
it  is  expressly  declared  on  a  consultation  of  all 
the  judges  in  England,  That  a  prisoner  onght 
to  have  his  irons  taken  off  before  he  pleads. 

L.  C.  J.  The  case  of  Cranbume,  you  will 
find  that  authority  is  when  the  party  was  eaUed 
upon  to  plead,  and  was  tried  at  the  same  tiflse. 

No  doubt  when  he  comes  upon  his  trial,  the 
authority  is  that  he  is  not  to  be  *  in  TinceliB' 
during  his  trial,  but  should  be  so  far  free,  that 
he  should  have  the  use  of  his  reason,  and  el 
advantages  to  clear  his  innocence.  Here  he  iH 
only  called  upon  to  plead  by  advice  of  his 
scl ;  he  is  not  to  be  tried  now ;  w  hen  tie  ( 


*  '*  Cum  autem  capti  iu  judtcio  prodiici  de- 
bcant,non  producantur  urmati,  8ed  ut  judicium 
recepturi,  nee  ligati,  ne  videantur  respoudere 
coacti.  Fleet,  lib.  1,  cap.  1. 

"  The  prisoner  at  the  time  of  his  arraign- 
ment ou^iit  not  to  be  in  irons.      Hales's  l\  C.  I  against 'all  the  prisoners,  and  execution 


1809,)  a  case  in  which  it  appears,  that  three 
pris«>ncrs  were  ke|>t  chained  during  the  trial  ef 
issues  conc«raing  their  identities.  The  snh* 
stance  of  the  case  'u  as  follows :  **  Thomas  He* 
gers,  Samuel  Matthews,  and  John  King,  1m4 
been  capitally  convicted  lor  felonies  in  rabbiup 
on  the  highway,  and  received  sentence  of  deelS 
for  the  same.  While  they  were  in  cusie^ 
upon  tliose  c<vnvictions,  they  murdered  thsrf 
keeper,  and  then  broke  out  of  their  prison,  anl^ 
were  during  a  considerable  time  a  terror  to  the 
neis;hlK>uring  country.  Being  afterwards  nn 
taken,  tliey  were  tngether  brought  by  writs  # 
Habeas  Corpus  to  the  bar  of  the  Court  eft 
Kiog^s -bench,  aud  th^re  rcs|>ectively  aske^i 
^vhat  they  had  to  sav  why  the  Court  ahovlti 
nut  proceed  to  awnrd  execution,  &c.  each  i 
tliem  denied  his  identity,  and  issue  being  jeiak 
ed  en  each  of  those  denials,  thme  issues  wei^ 
severally  tried  instanicr  :    verdicts  were  fbosi 


p.  219.  Til.  Arraignment  SeeH.  P.  C.  in  folio, :  awarded  against  each  of  them,  acconling 


aecond  part,  cap.  28 

*'  See  Hawkins's  Pleas  of  the  Crown,  part  S, 
p.  S(m."^Nole  to  Firmer  Edition, 

8ee  more  as  to  this  in  vol.  5,  pp.  379,  el  teq. 
of  thisCollectioD,  and  Leaoh's  Hawk.  Pi.  Cr. 
hook  S»  chap.  S8,  aeet  1. 


former  ju«igiu('ni  and  sentence."  The 
is  thus  concluded  :  "  Memorandum 
desperate  fellows  remained  chained  t( 
dunng  tliis  whole  pnK-ee*iing.**  But 
porter  mentions,  (p.  1810,)  that  while  the  f 
m  the  case  ot*  one  prisoner  was  trieil,  the 
were  permitted  to  lii  dowa. 


IBiff 


for  High  Treason. 


H  It  tnedt  if  hm  makM  that  complaint,  the 
S^m^  9llt  tiklie  care  foe  sbaU  be  in  a  condition 
»  aMlt#  bi«  detince;  but  i%  hen  be  is 
1  wpon  to  |>li'Acl,  and  tiis  counsel  by 
lA^Hfle  bim  ynUsW  to  plead,  wby  are  bis 
takeo  n<f  tbis  minute,  and  Mi  be 
Hm  nexti^  1 1  bath  been  said  (I 
■ml  tbc  iiu^riiu^  of  it)  he  i»  too 
I  ninlci)*  I  do  not  think  a  man  charged 
%w^  ireasati  of  thi^  nature^  can  be  ^aid 
}  ipbe  loo  wvM  «;u«rded,  es^ieeiaJfy  it  it  be 
Imi^IIi  been  sng-gested,  ttiat  he  bath 
to  mttke  bis  escape;  th;ii  will 
irbut  tlie  law  allows  iu  other 

rtL    My  lordf  I  beg  leave  to 
what   I  moEin  by  saviog  too 
M  ily  gnanied. 

'j^  HKire  to  offer? 
'  Cinaivate  the  jit-opt*',  smd 
%  ujKjn  tbcm  that  are  not  \ 
h'j^nitics  liis  cbaiut)  bein^  !< 
,  and  afterwatdii  put  on  | 
i  i.i'^  11.  uothing  but  to  brlug  \ 
Ir  to  hAf  e  a.n  unjust  sense  oi'the  crime 

I«ird,  we  lulgbt  hum- 
!      -      i  I  at  the  better  to  pre - 
a-  hiA  trial,  he  tnigbt  cx^ntiuue 
;n%  otjtit  at\er  that  lime, 

itxitber  opinion  ;  and  if  we 

itift  ta  be  taken  oif,  and  he 

vv  but  we  are  ifuiliy  of  bis 

#iL  Fit  hath  said,  lif  shati  have 

:  ;  but  to  make  ohji^ctions 

sure,  ifc  U\  cast  a  letl faction 

t,   lor  not  doiu^  that  which  ist  nut 

•  er  to  do. 

t..  ,i%**MrJ\trd.    1  am  I  my  lord,  off'ounaf^l 

Mktb*  fMisooer^  I  have  been  »o  appointed  by 

Y^t  |afd^i|»«  and  t  asuure  your  lordfliip  thut 

l«iBil  I  itare  anwiiT  fur  the  other  gentleman 

te  M  tttO€tt%in\  (o  the  »aiue  Venice  with  loe, 

^tk  makic  DM!  of  that  power  and  priviletfe  you 

mtjktmeA  t<i  f*ire  us*  at  we  ou^ht. 

■ff  Unli  1  have  Imikid  over  tbe  Record  and 

Mictiiinil,  WG  tuie  a  copy  uf  both,  ac- 

lo  tbe  dirrctioik  uf  the  act  of  parlia- 

t  ktmm  wv  have  at  prt-^ent  a  rt^rbt  to 

f  '   '»if«,  *i*j£'  miswriting', 

Mijier  Latin  :  we  are 

lu  uiiJ  r  objections  occur  to 

br:  •   tint*',  and  bare  not 

19  n*-«*  ,.  ...icrwards;  but  there  »re 

iNiiV  ol{ioctiotui   of  another   nature, 

BAjf  bate  liberty  to  make  at  another 

I  ken*  III  %ny  band  the  whole  record 

Uk  tb#  prisoner,  in  which,  not  only 

tMeot  m  att  fortii,  but  the  commission 

\  Trrininer.     Met  the  c^om mission 

«fd  tbe  namr<  of  the  commisaioD- 

i  ma  arul  aayHf  what  are  the  offences 

r  are  authnriKed  bo  rnquire  of^  as  high* 

■I*pf9«j0ci%  of  iTiTUon,   ttfi'l  oitifr  of- 

|#l^0rr  »i*;jTec  ;  Ojiii  it  ^rTf>  on  and 

tbt!    permms  iball  be»  concerning 


A.D.  17^2.  [lOf 

whom  thi«  enquiry  «holt  he  made,  **  Et  jier 
quos  vel  per  quern,  cui  vel  quibuii,  qnamlo, 
qua) iter,  ^x  quomi>do,  et  dc  abi>(  articuhs  et  cir* 
cumstantii;^,  prtEaii»sa  et  eornm  qnodhbt^l  nt  u 
e<jruni  aliquod  vel  abqua,  qnalitercUMq;  ct*n* 
ccr»en\  pk'uius  veril'i'.'*  My  lord^  1  have 
looked  into  this  form,  and  considered  the  words 
with  all  the  accuracy  I  can»  and  have  endea- 
voured to  render  them  into  Eni»li'^h,  but  can- 
not; I  urust  say  t  took  upon  lhi>«e  two  woidt 
*  plenius  Vfritat*/  as  placed  in  this  record,  to 
be  nonsense,  and  not  capable  of  heinif  rendereil 
into  En^liiih,  for  thc\  import  no  mt^amni;  at 
all  hit  a  blemish  in  tbe  commit  ion  vii^\\\ 
and  if  so,  tht*  enquiry  taken  by  virtue  of  tb&t 
commission  must  fall  to  nothing',  and  conse- 
quently this  indiclmcnt  rau»*r  be  nuti^bt,  I 
have  bptn  bo  exact,  I  havf  bmked  uiio  the  forma 
of  these  indicirncnts,  taken  by  iifiue  of  com- 
mii^viona  of  Oyer  ;jiid  Terminer.  My  lord  cbi«f 
justice  Coke  biitb  for  tbe  sake  ol  pn««terity, 
1  iui)pits<?<^  given  us  the  form  ot  the  com* 
mijiiiion  of  Over  and  Tern;iner  m  bis  time  ;  in 
that  form  of  (lis  tbe^e  m  ords  are  entirely  left 
out ;  tbt*y  seem  lo  me  to  be  words  of  no  signi- 
fication, tlierefore  we  ho{^  iht-re  sbuU  be  no 
further  proceeding's  till  this  h  s^et  right,  and 
that  the  indictmeiii  shall  bt^  quashed. 

Mr.  Ketelbey,  M  y  lord,  tliere  are  other  ob- 
jections, whether  it  u  your  lordsbip'v  |deasur€ 
that  we  should  ffo  on  this  fir*t,  or  that  w* 
jihould  mention  the  others^  aud  so  go  upon 
them  all  together  T 

L.  C\  J.    Make  all  your  objections  tof^etb^r* 

Mr.  Hungerford.  Then,  toy  lord,  In  th# 
close  of  ibis  commission  it  is  said  the  juiy  wera 
charged  to  enquire,  but  dtith  opt  say  fur  what  j 
hut  (but  objection  may  be  made  u not  her  tim«, 
and  therefore  I  will  not  trouble  yiMir  b»rdshi{^ 
with  it  now.  My  lord,  tbe  first  iliiniir  that  oc- 
curs to  me  in  the  indictment  il»elf,  and  which 
certainly,  if  we  prevail  in,  the  whole  prooeed- 
in^s  are  wrong;  this  t;eotleman^s  name  is  not 
writ  nor  apelt  right,  *■  Juralor*  pro  Duo'  Hege, 
Sec,  super  sacramentum,  5cc.  quod  Christo- 
pberus  Layer,  Cbristoplierus  is  there  writ  with 
an  e,  whereas  it  should  be  i'hriitopboru!  with 
an  0 ;  and  if  the  Dictionaries  and  Lexicona  are 
any  authority  we  are  right.  These  are  the  ob- 
jections which  have  occurred  to  me,  the  gett- 
tleman  joined  with  me  in  tbia  service,  bath 
iiome  other  rcmarkii  to  make. 

Mr.  Keiclbey.  My  lord,  as  it  is  your  lord- 
ship^s  pleasure  to  appoint  us  to  be  counsel  tor 
ibis  gentleman f  I  shall  not  make  any  apology 
for  our  appearing  on  hi^i  behuir«  lest  t  receive 
tbe  same  re[»roof  from  the  Court,  which  a  gen* 
tleman  in  my  station  once  received  upon  a  lik« 
occasion,* 

Aly  lord,  we  thiok  it  proper  at  this  lime  to 
Uy  these  four  points  under  your  lordsbiu'i 
consideration,  which  if  we  had  slaid  till  after 
plea  pleailid  by  the  prisoner,  would  have  been 

•  Qu,  Does  this  refer  lo  ivbtt  Kolt,  Chief 
JuHt.  said  to  air  tiariJi.  Shower,  in  Hookwood'a 
Caie?  8ee  vol.  13,  p.  15i* 


I 

i 


4 


109]  9  GEOKGE  L 

too  bte ;  that  fnatter  halb  been  oflen  settled 
ami  deieriDined  by  your  lordshipf  and  I  «liatl 
■ay  no  more  to  tint,  I  belief  c  thf^y  do  not  ab- 
ject to  it  I  now  therefore  it  is  the  oaly  time  to 
make  these  objections. 

51 V  lord,  the  tirst  that  hath  been  menttonod 
by  Mi\  BuDg^erford  i»  in  the  captino  of  the  io- 
dictnientas  to  these  ivords  *  plenius  veritatem;* 
ill  our  t  opy»  it  is  *  plenius  reritat'  *  with  a  dash, 
that  it  may  be  taken  in  any  case,  but  I  Bubmtt 
it  to  your  lordship  whether  it  can  be  made 
sense,  or  ia  proper  Latin  in  any  of  the  cases 
cither  of  the  singular  or  plural  number,  that 
there  can  be  made  any  grammar  of  it,  or  that 
there  is  any  regular  or  precedini;  f  erb  that  can 
go?ern  it  in  any  cage  whatsoever :  they  might 
have  put  in  any  trords  entirely  iucnnsi stent 
with  res|iect  to  the  part  preceding  or  subse- 
qtieiit ;  leave  ont  these  worIs,  and  the  other 
part  of  the  sentence  ia  plain  and  inteUig'ible ; 
hut  put  in  the  ^vorda,  and  it  is  ntberwijie. 

And  es^iecially  tjince  we  have  the  authority 
of  luy  luid  Coke,  where  tb**se  tvoids  are  not 
in ;  how  ibey  came  to  be  put  in,  or  ot  what 
tiae  they  are,  your  lordship  will  obserfe  on 
readioG^  the  caption  of  the  indictment,  *  Ad  lu  * 
qnirend*,  &c.  pleniua  reritat'/ 

Taking  exceplioni  to  the  caption  oF  the  in- 
dictiiient  hath  formerly  been  objected  to  ;  but 
I  beheYf\>  that  right  cannot  b«  disputed  at  this 
time. 

As  to  the  second  exception,  that  in  rL'btlon  io 

•  Chri«iopherus>*  we  submit  it  to  your  lordship, 
if  that  be  not  expressly  wiibiu  the  detects  men- 
tioned in  the  act  of*  parliament,  mia-writingf» 
mis-spellin{2',  false  ana  improper  Latin  ;  nay, 
whf^ilter  it  is  not  suhject  to  cenaure  under  each 
of  ibese  four  heads. 

My  lord,  it  waa  impoEsible  to  bring'  all  my 
authorities,  upon  this  point,  along  with  me ; 
bill  1  have  here  iu  court  several  of  the  best 
dictionaries  and  1em*ons  which  tihew  the  true 
word  to  be  *  Christop horns  /  and  I  believe  ihe 
gentlemen  of  the  other  side  cannot  produce  one 
instnnce  in  any  authentic  book  either  Greek  or 
Latin,  bnt  it  is  ahvay^i  spelt  with  au  o  and  not 
with  an  c,  it  is  Cbristophorus  Irom  «if<^*  the 

•  pnseteritum  medium*  of  the  Greek  verh  f>W; 
and  the  ruica  of  etyrooloja^y  and  formation  of 
Greek  verbal^  evince  that  it  must  tie  so,  and 
catmot  be  otberwiie ;  and  by  all  ihe  Latin  dic- 
tionaries, the  Latin  word  fur  Chrbtopber  is 

•  Chrtstojihorus.' 

L.  C.  X  How  do  we  kno\v  what  his  name 
li  ?  You  must  plead  it  in  abaiement ;  we  donH 
know  his  name  ;  he  might  be  christened 
<  Christopberns*  for  aught  we  know.* 

Mr,  Kcietbc^.  My  joid,  for  false  spelling — 
X.  C.  J.  IIow  doib  that  ap|>ear  to  usf  You 
are  wrong  in  nmking  yimr  objection  at  this 
lime,  we  can't  tnke  notice  whai  hts  name  is ;  in 
llie  record  of  the  indictment  be  is  called  *  Cbria- 
tophenii.'     Can  we  enquire   what   hii  true 


Trial  of  Chrutophh'  Latfefp 

name  Is,  whether  in  FoQfUAh  it  hi  Chrfatofihtr 
or  *  CbnstopheiiiK?'  We  can't  telJ  what  hii 
name  is,  i»erchiirH  «•  IiIj:  name  miay  be  •  Chria- 
t?>phen»f  /  and  the  name  by  which  he  might  be 
christened ;  I  desire  1  may  not  be  understood 
aa  if  I  would  prrv»fiit  you  from  offering  any 
thing  that  is  material  for  your  client ;  but  if 
I  can  satisfy  }ou  that  you  are  improper  in 
form»  it  may  saVe  the  time  of  the  Court  j  but  if 
ytHJ  can  offer  any  thing  material,  we  are  ready 
to  hear  it. 

Ullr.  Ketetbey.  My  lonl,  I  hope  your  liynbiifi^ 
will  pardon  me,  here  h  the  life  of  a  man  rtMi- 
cemed,  aud  as  I  wuuld  not  wilhogly  ofter  any 
tiling  li»  your  lordship  that  in  the  like 
hath  been  over- ruled,  so  neillier  would  I  < 


*  See  the  Case  of  the  king  against  Samuel 
8bake8t>eare,  10  East,  83,  which  was  a  plea  iu 
abAtemaat  of  a  mlaaomer  io  the  itiruaoie* 


any  thing  that  may  lie  material  for  the  mi- 
suner^  whose  defence  the  Court  has  intrustM  M 
with ;  therefore  I  wit)  go  on  to  the  other  olyeo* 
lions  that  we  think   to   he  improper    Latin; 

*  cOmpassavit,  imaginatus  fuit,  el  intendebat/ 
These  are  the  wonls,  1  don't  know  whethtr 
thii  Latm  will  go  down  in  We^tminster-litll, 
but  1  am  satisfied  it  would  not  iu  Westminat^r- 
scbord. 

Here  is  the  *  et,  intendebat,  ct,*  a  conjunc- 
tion copulative  between  verbs  iu  several  tense* ; 
here  is  *  compassavit*  the  prelerpertect  tense, 

*  imagioatus  fuit,' the  pretei-perttct  tetise,  and 

*  iiileiidebat^  the  preterim perfect  teuse  :  W* 
should  not  the  last  verb  liave  been  put  into  11 
pre  ter  per  feet  tense,  according  to  the  rulea 
classical  Latin,  as  well  as  the  two  foror^er  ? 
Tbtretbre  we  submit  it  how  far  it  will  go  as  to 
vitiating  the  indictment  in  jjoiijt  of  false  Latin. 

My  lord,  there  is  one  worrl  more,  *  sebiend'  • 
the  overt-act,  as  laid  In  the  indictment,  is,  thai 
the  prisoner  *  con«piravit  ad  sacram  personam 
dommi  regis  capiend',  seisiend*,  ct  impriso* 
nand'  ;*  hy  the  words  that  are  coupled  with  it, 
I  suppose  *  seisiend' '  is  intf  nited  to  mean,  the 
taking  or  laying  violent  iiands  upon  Ins  majes- 
ty's person  ;  hut  sure  llitre  was  never  such  a 
word  in  any  indtctmeot  before,  nor  to  be  found 
iu  any  author  whatsoever;  it  is  neither  claaai- 
cal  Latin,  law  Latin,  uor  to  be  met  with  among 
Littleton's  barltarisms,  never  naturalized  tM»r 
inoculated  into  ancient  or  modern  use;  it  is  a 
mere  ficiitious  wo  ml  coined  for  this  very  pur* 
pose  without  any  precedent ^  any  otke  instance 
to  warrant  it. 

My  lord  Coke,  in  his  1st  Instit.  fol.  IT,  aayt, 
that  the  word  *  seisitus'  cometh  of  the  French 
word  *  seisin,*  and  that  in  the  common  law  it 
is  properly  applii^d  to  tieebold,  in  cnnira distinc- 
tion to  *  po«i!>eNs;onatus,^  which  relates  to  chat* 
tels  :  Fnr  *  s>eiiiiti*s'  and  *  possession  at  us'  are 
mentioned  as  terms  of  art,  teihnicat  words  in 
the  law,  thut  by  long  use  have  acquired  to 
lb  em  selves  one  pecuhar  and  determined  tigni* 
ficiition  ;  for  thai  rciison  I  do  mit  object  agamit 
the  word  *  compitsiiavit*  in  this  indictment,  it 
having  beeu  a  hi  ays  used  in  indictments  of 
higb*trea!iOD  to  exjU'ess  compa^viug  the  death 
of  the  king,  ever  snice  the  stature  of  Edward 
the  3d ;  so  tnurdrare,  ftdunia,  and  several 
oiberSy  are  knowu  leims  ot  art  m  the  law*  l^ut* 


Jftr  High  Trtusofu 

I  irith  ide  word  *  selsi^nd*?* 
I  if  th^  'iroulil  ibticy  ii  to  b«  n  gferiiud  of 
■«»  wikaMNro  Kctire  vera,  how  came  they  it* 
f^r  H  Ibis  snuie^  to  make  it  Kignify  the  same 


I  mttftl  b«g  teare  to  sayi  that  1  ap- 

inharf  1km  w^ry  g^int  el'  thra  indictment,  (at 

an  »  nacb  of  it  aa  relates  to  tbis  o\  ert^act) 

mis  ttpon  thb  word  ^  seisiend'  ^* 

I  te  lies  •|tp«Ar  lo  ytmr  lordship  to  be  in  • 

tarvaroitti  false  or  im propter  Latin, 

pranr  pn»|ier  under  the  authority  of  the 

\  «f  p*rlJAment^  humhlv  to  iiifsjst  tipou 

jBUon,  viiiJ  that  it  is  iU&cieiit  to  over- 

ittvwbolt^  indictment 

0yM4  '       •  t'8  caae,  says,  that 

MiflMnitt  !  uLi  oa{*ht  to  bedrawD 

■i^tegraie«t  accurucy  and  nicety;  but  if 

Mr  ktmmuj  will  ptea»e  to  shew  nie,  that  thia 

^avtBrvrr  uttce  ti«ied  to  this  purpose,  1  will 

^mmj  obj<K;4t<m,  and  admit  it  tu  \*e  as  ele- 

fi^9'mmd  n%  any  in  tlie  whole  indictment. 

ikCX     1  think  bdore  the  king^s  counsel 

rt*r  lo  that^  we  bad  best  have  that 

t  ^  ifc«  Iniltcliiiitiit  rtfad|  that  we  may  the 


mU,^  tU  Cr,    reads,  ^  Quod  tn  Chriato* 
#■«  La^  rr,  &c.  ad  capteod*  seistend*  et  iioo 

L  C  J.     *  Ad   capiend*  et   impiisonand'.' 
!  wonts  do,  suppoi^  the  other  word 
mJ  (icant? 

PW.  VI y   brd,  these  objections 

»tBaiAe  ujthsoinnch  rerfmony,  and 
■^id  io  Willi  «Qeb  pomp,  as  it  something 
^  «ia  liwam,  than  the  ifnashing  this  indict- 

Vf  iyyrtlMPDil  aornc  of  them  arc  Improper, 
I  iHiicli  niay  be  proper  at  lliis  lime, 

TVf  i^l^ectfum  to  the  commission,  we  appre- 
I  att  tHi|irf»p4fr  \  it  i«  not  in  the  power  of 
\  16  qoaah  the  c<tmnu«Kion,  and  there- 
men n nil  of  niifc-spethng',  and  ol' 
ihi'rdn,  sig^ni6es  no- 
il nt  Itself,  the  Court 
proper^  if  there 
i\  bin  the  eom- 
ihu  great  seal,  and  that 
fM«f  ft  rviumiHl  here,  is  nut  uader  the  power 
f'te  rovin  lo  4*!^Ttiy  \  but  upon  reading  it, 
.  lilt*  iiliieruon  will  quite  vuniijh  -,  thefie 
karr  oavil  m  all  *       n      ions  of  the  like 
rry  fwrm  of  the 

i  the  iridietnient 

,  allowed  by  %\\  the 

J,  **  A  Collection  of 

I  rtrttson ,  com  poned  fi»r 

?*ji  'i  III  8cotliind  ;**  ami 

ti«  uhy  of  nnder- 

r«*»  '  I  or  the  sake  of 

*ii  i\»9  i'thirr    ide,  read  them  In 

iV-y  ^^^  **»  ^  f^nstiued^  thu^,  •  Ad 

I  tr  sacram*  pro- 

tuibuscumt;  pro- 

nmMiai9i)iii>'|  «c.  perqiiQicun«|;  et 


impf f  I 
I  lf»  It 
rrr,  ai> 


A.  D.  1722.  \m 

*  qunlitepf  nnq;  hit*  hcX\  &c*  le  dt  alits  arti< 

*  cutis,  &r«  et  ad  easdem  prodition^  et  al'  pre* 

*  ini^s'  audiend*  et  terminand*  ^*  here  they  are 
to  enquire  more  fully  the  truth,  of  and  concern- 
iM(»  all  treasons,  misiprisionsi  of  treason  by  any 
person  whomsueirer  committed,  &c.  And  if 
the  words  '  pleuius  veritat'  *  bad  immediately 
Ibllowed  the  word  *  inqulrend^ '  ercry  body  al 
first  reading  must  be  satisfied  that  no  objection 
ciiuhl  be  made  thereto ;  and  the  objection  now 
is  only  mitde  on  account  of  the  placing  these 
words  at  the  end  of  the  sentence.  But  it  mukea 
no  difference  in  the  const  ruction  or  sense ;  how 
otber\«ise  can  it  be  construed  or  understood  f 
But  to  enquire  more  fully  the  truth  of  thoie 
offences  there  enumerated,  and  what  persons  art 
GTuilty,  6£c.  And  iberetbre  I  take  it,  that  the 
fivrm  of  the  commission  is  proper,  and  will  be 
justified,  not  only  by  the  sense  of  it,  but  by  (he 
usual  and  common  course  of  proceedings. — Aa 
to  the  next  objection,  we  anprehend  that  hatK 
been  already  over-ruled ;  the  word  *  Cliristo- 
pheruji'  with  an  e,  and  not  with  an  o  i  And  if 
there  be  any  diflerence  in  the  name,  that  must 
be  pleaded  in  abatement ;  because  if  they 
would  take  advantage  ot^  it,  they  must  plead 
that  his  name  is  otherwise  than  is  expressed  ui 
the  indictment  This  man^t  name  *  Christo- 
p Items*  may  be  with  an  e  as  well  as  an  o,  for 
am*; ht  appears:  But  we  apprehend,  that  the 
name  Christopher  is  seldom  writ  in  Latin  with 
an  o,  but  usually  with  an  e ;  tf*  they  think 
there  is  any  thing  material  in  the  objection,  let 
tbem  plead  it  in  abatement,  and  we  are  ready 
to  answer  them. 

i^ly  lord,  as  to  the  next  objection,  that  the 
three  iferbs  which  charge  the  high  treason,  fix, 

*  Compassavtt,  imnginatus  fuit,  et  iotendebat,' 
that  they  are  not  in  the  same  tenses ;  we  sub- 
mit that  in  the  strictest  Latin,  there  is  no  ne- 
cessity the  last  Terb  should  be  of  the  same 
fen^e'wtth  those  that  go  before  the  copulative 
(et) :  Sure,  though  *•  compassavit*  and  '  imam- 
natus  ^Viii*  be  in  the  preterperfect  tense,  yet '  ID« 
ieiidebat*  may  l>e  well  added  in  the  pretertmper» 
feci  tense,  und  that  will  make  no  difference, 
they  being  alt  three  alleged  and  found  in  the 
time  past,  l^etore  the  indictment  exhibited. 

Wy  lord,  the  next  objection  which  they  seem 
to  rely  upon,  \%  at  the  conchision  ot  the  indict- 
menlr  and  that  is  to  the  word  (^  seisiend',  «^c/) 
They  say,  the  precedents  h:»ve  been  looked 
into,  and' there  is  no  such  word  to  be  found  in 
any  tndiclment  ot  high  treason  ;  1  beg  leave  to 
say  in  answer,  that  since  the  assRssinatien  plot 
against  king  Witlium,  there  hath  been  no  such 
viMuiiiouN  attemptot  this  nature;  therefore  m> 
wondei' itit  ennnflt  be  found  in  other  indtct- 
iiients  where  there  has  t>een  no  occasion  for 
the  word.  This  is  an  overt-act  of  conirpirmg 
and  agreeing  to  take,  seize,  and  imprison  the 
very  person  of  the  king;  and  it  muirt  be  laid 
according  to  the  ftiet  itM^lf ;  but  if  this  be  not  % 
proper  word,  though  1  think  the  won!  is  pro- 
per and  signilicaiit,  yet  because  this  is  not  made 
u>ie  of  in  aHcging  the  treason  itst^lf,  but  the 
overt* act  or  evidence  of  the  treason,  it  will  not 


i 


107J 


d  GEORGE  I. 


vitiate  that  put  of  the  indictiLeiit :  for  if  any 
one  of  these  words  allejired  is  proved  upon  the 
trial,  the  prisoner  ou)(ht  to  be  found  flr">l^y>. 
whether  he  compassed  to  take  the  person  of 
the  kinci  or  to  seize  his  majesty,  or  to  impri- 
son and  detain  him ;  anyone  of  these  attempts 
is  sufficient,  if  proved,  and  the  prisoner  ougfht 
to  be  convicted.  There  was  an  objection  of 
this  nature  taken  upon  one  of  the  triau  for  high 
trrasott,  before  my  lord  chief  justice  Holt ;  but 
he  was  pleased  to  say,  that  in  alleging;  the 
overt  acta,  where  several  overt  acts  are  alleged, 
or  several  words  are  used  to  express  the  same 
overt  act,  if  they  were  mistaken  in  one  of  the 
words,  yet  if  there  were  other  words  sufficient 
in  the  indictment  to  express  the  overt-act ;  or 
Although  one  entire  overt  act  was  insufficient!  v 
alleged,  yet  if  there  was  another  overt  act  wdfl 
laid,  the  Court  would  not  quash  the  indictment, 
because  tliis  would  be  to  deprive  the  crown  of 
the  right  of  giving  evidence  to  prove  any  other 
part  of  the  same  overt  act,  or  any  other  overt 
act  alleged  in  the  indictment ;  so  that  we  hope 
this  is  not  a  proper  objection,  because  the  Court 
cannot  quash  the  whole  indictment  if  any  other 
overt  act  is  sufficiently  expressed,  but  the  in- 
dictment must  stand. — But  the  word  is  proper, 
because  the  words  *  seisire  ad  seisiena'  *  are 
terms  known  in  the  law,  and  it  is  frequently 
used  in  actions  of  trespass,  *  quod  cepit,  seisi- 
vit,  et  abduxTit,'  or  *  asportavit.'  Aly  lortf,  we 
think  the  word  '  ad  seisiend' '  is  a  proper  ex  - 
presslon  in  this  case,  to  signify  tlie  attempt  or 
design  lo  seize  and  anprehend  the  person  of  his 
majestv ;  and  we  nope  tliere  is  nothing  in 
these  objections. 

Att.  Gen.  My  lord,  we  are  not  against  the 
(rentleraen  of  the  other  aide's  insisting  upon 
every  thing  that  may  be  for  their  client's  ser- 
vice. But  sure  these  objections  have  nothing 
in  them ;  there  is  no  colour  of  reason  to  support 
them.  My  lord,  as  to  the  exception  taken  to 
the  commission  let  us  consider,  if  tliere  was  any 
weiglit  in  it,  how  it  can  |)ossibly  be  taken  at 
this  time? — By  virtue  of  the  act  of  parliament 
paned  in  the  7th  year  of  the  reign  of  his  late 
majesty  kin|^  Wifliam,  it  ia  provided,  that  no 
indictment  for  any  of  the  offences  afore-men- 
tioned in  that  act,  which  are  treasons,  &c.  nor 
any  process  or  return  thereupon,  shall  be 
quashed  on  the  motion  of  the  prisoner  or  his 
counsel  for  mis-writing,  mis-spdiing,  or  false 
or  improper  Latin  (under  which  last  words 
the  counsel  for  the  prisoner  would  entitle 
themselves  to  take  this  objection)  unless  such 
exception  shall  be  taken  and  made  in  the 
respective  court,  where  such  trial  shall  be,  by 
the  prisoner  or  his  counsel  assigned,  before  any 
evidence  given  in  open  court  upon  such  in- 
dictment.— but  the  commission  is  a  thing  dis- 
tinct, and  neither  indictment,  process,  or  re- 
turn thereupon  ;  and  by  consequence  no  objec- 
tion can  be  made  to  the  commission  at  this  time 
by  virtue  of  that  act :  but  however,  because 
they  may  not  trouble  us  with  these  objections 
at  another  time,  we  beg  leave  to  answer  them 

DOW. 


Trial  ofChrUk>pher  Layer^ 

Mr  lord,  theae  words  (*  pleniui  ver 
are, the  very  point  of  the  eiii|uiry  of  tl 
missioners  of  Oyer  and  Termmer,  for  t 
to  enquire,  by  the  oaths  of  lawful  mei 
country,  fully  of  the  truth  of  all  treasoi 
prisiona  of  treasons,  &c.  committed 
county,  and  that  is  the  tenour  of  the  c 
sion.  In  the  book  nrinted  by  the  appi 
of  all  the  judges  or  England,  aoon  al 
union  of  the  two  kingdoms,  all  the  ri 
methoda  of  trial  in  cases  of  hi^h  trea 
laid  down,  there  b  the  commission  of  O 
Terminer  printed  at  larse ;  and  it  is  ex 
the  same  worda  with  uiis ;  and  your  i 
may  please  to  observe,  that  imnnediatc 
those  words '  plenius  veritatem'  there  is 
ma,  and  none  before;  the  whole  senti 
fore  is  eutire,  and  therefore  in  cons 
these  words,  *  plenius  veritatem,'  refc 
words  *  ad  inquirendum,'  at  the  begii 
the  sentence;  and  the  sense  is  plain,  t 
commissioners  are  to  enquire  by  the 
good  and  lawful  men  of  the  country, 
other  ways  and  means,  Sec.  *  plenius  ye 
de  quibuscunqne  proditionibus,  misprisi 
fkc.  and  then  the  commission  goes  < 
there  comes  af\er  the  comma,  '  et  ad 
proilitiores  et  alia  preemissa  hac  vice  i 
et  terminand'  secund*  leges,*  &c.  In  c 
proceedings  in  Latin,  we  are  not  so  ni 
con6ne  ourselves  to  the  Latin  of  the  < 
but  this  is  very  proper  Latin,  and  the 
ingof  the  words  '  plenius  veritatem'  f 
words  ^  ad  inquirendum,'  by  which  t! 
governed  by  the  interposition  of  so  man; 
is  no  oljection  ;  for  nothing  is  more  i 
in  the  best  authors,  than  placing  the  nn 
terial  words  at  the  close  of  a  very  long  s 
which  in  imint  of  construction  must 
others  at  the  beginning.  And  therefor 
we  shall  hear  no  more  of  this  objection 

As  to  the  Christopherus  being  with 
stead  of  an  o,  that  is  not  a  pro|ier  obj< 
this  time.  No  man  will  pretend  to  say, 
not  be  christened  by  that  name,  as  I 
the  nsual  name,  Harry  is  the  oomm< 
name  for  Henry,  yet  a  person  may  I 
tened  Harry,  and  so  have  many  persoi 

But,  my  lord,  we  say  this  is  a  wore 
all  the  law  proceedings  for  ChristopI 
spelt  in  this  very  manner  with  an  r. 

As  to  the  other  objection  ;  as  to  tlu 
tion  of  the  tense  in  the  words  '  com^ 
imaginatus  fuit,  et  intendebat :'  the  obj 
made  as  if  we  were  tied  down  to  the 
forms  of  gram  mar;  if  the  sense  is  pla 
facts  are  explained  by  proper  Latin  wo 
enough  lor  us,  w  heiher  they  are  ca 
sometimes  in  one  tense,  and  somei 
another,  provided  they  sufficiently  ch 
fact  to  be  done. 

The  last  objection  is  the  word  *  seisic 
it  ia  nttt  a  word  known  in  the  law  ;  if  tb 
hold,  it  would  not  quash  the  indictn 
cause  there  are  several  other  worda  to  i 
effect,  which  sufficiently  express  this  i 
overt  act,  witliont  thia  word  •  i  '  ' 


ms] 


Jbr  High  Treaitm. 


A.  D.  17S& 


[110 


««  W,  tbat  the  prtsoner  did  proposei  coDsult, 

mi  ai^Mf  *  iMi  «acram  pereoDtm  dicti  Domini  I 

^Gci^i  none  Re^t,  &c.  capieod',  seisiend', 

'iapitooand*,  et  in  cusUmI*  detinend."    But 

wtmai  thai  this  b  a  very  proper  word.     In 

Atcoait  of  exchequer  the  worus  used  in  cases 

rfirinre  is  *  seisivit.*   Writs  issue  command- 

■fthcsberifr  *  seisire',  such  lands,  5ec.  into 

Atkoai's  hands,  and  the  sheriff  returns  *  sei* 

■in feci:'  so  that  if  this  word  was  looked  upon 

■n  nkaown  and  nnintellifpble  word,  what 

— thsBwat  of  many  judgments  and  proceed- 

ifsii  diaft  court  ?    It  is  a  law  word  that  is 

■Rjp^icd  to  the  person  of  our  sotereign, 

a^Hitiiinthe  proceedings  before-mentioned 

ipfM  Is  aeizinsr  lands,  &c.  why  may  it  not 

KipfM  to  the  seizing  of  a  person  ?  And  then 

f 'Hsiie'  be  proper,  the  gerund  from  that  must 

k'visienduai,'  and  therefore  we  apprehend, 

■yM,  that  this  is  a  plain  answer,  and  that 

■Bib  so  colour  of  reason  for  this  objection. 

SdGen.  My  lord,  as  1  apprehend  these 
nations  have  no  real  foundation,  nor  scarce 
■f  csioor  in  themselves,  so  I  do  not  know 
*Mbir  it  would  not  be  giving  too  much  cre- 
illilhciD,  lor  so  man^  of  the  king's  counsel 
■  Mead  your  lordship  on  this  occasion,  to 

eihe  time  of  the  Court  in  giving  answers  to 
The  true  answers,  and  all  the  answers 
lU  can  he  cr>^en,  have  been  already  offered 
ttiitry  fiiH)-  enforced ;  and  therefore  1  shall 
littsable  your  lordship  whh  any  thing  fur- 

Ik,  Emngerford,  My  lord,  I  beg  a  few  words 
%  *ay  ot  reply.  As  to  the  first  objection 
■ilape  it  is  not  answered :  we  object  against 
it  sords  *  plenius  veritat,*  as  words  of  no 
Mm  or  meaning,  as  ranged  or  placed  in  this 
hfateent.  Mr.  Attorney  hath  endeavoured 
liMke  tliem  sense  by  transposinor  them,  and 
Mmiag  *  plenius  veritat'  ten  lines  bcfAre 
Hit  iIm  indictment  hath.  VVc  must  take  the 
tliey  are  in  the  indictment :  and  if 
t4sy  are  not  grammar,  or  intilllf^ilile  there,  the 
p^tfjfcum  still  holdn.  1  know  not  what  liberty 
icbsg's  counsel  hath  to  transpose  the  wurds. 
1  iaam  school  bovs  sometimes  pick  up  words 
hmi  rej^ard  to  i^rammar,  to  make  w  hut  they 
I  fioawiiM- verses ;  but  1  never  knew  an  nt- 
^t  before  by  transpoi»io|^  of  word^,  lo  mnke 
le  grammar,  prose,  or  |>octry.  There 
bih?  that  hath  been  mentioned,  tkut  the 
lute  settled  the  foriiiM  of  proceedings 
•  *■•«  of  high-treason  by  direction  of  the 
eof  Lords,  and  this  '  plenius  veritat.'  is 
to  the  form  inserted  in  that  treatise  :  that 
my  lord,  notwithstanding  the  solemn  al- 
r  Afit  by  the  judges,  is  not,  with  siih- 
i,a  conclusive  auUiority  :  h  was  dtMiied 
•  in  the  case,  of  Matthews,  whicli  case 
the  better  speak  to,  because  1  was  of 
4  in  it.  The  objection  taken  in  the 
f  Matthews  was  to  the  panned  of 
"i  far  that  the  addition  and  places 
1  «f  the  jurymen  were  not  inserted 
vding  to  the  directions  of 


I  tbih 


that  book,  the  better  to  guide  the  prisoner  in 
his  challenges.  My  lord  chief  justice  King, 
who  presided  at  that  trial,  assisted  by  all  tho 
then  judges  of  England,  (except  your  lordship, 
who  was  absent)  over-ruled  that  exception ;  and 
1  think  the  rest  of  my  lords  the  judges,  now 
present,  concurred  in  tnat  resolation.  Where- 
fore, if  we  have  no  authority  to  combat  with, 
but  the  authority  of  that  book,  which  bath 
been  solemnly  denied  to  be  a  good  authority, 
we  hope  this  objection  shall  stand. 

My  lord,  as  to  the  word  Christophorus,  with- 
out (loubt  the  etymology  of  the  word  is  as  Mr. 
Ketelbey  hath  opened ;  and  there  is  this  further 
to  justify  that  way  of  spelling  which  we  con- 
tend for,  even  the  two  first  syllables  of  the 
word  in  the  indictment  are  *  Christo,'  as  the 
Greek  with  an  o,  and  not  *  Christu' ;  and  in 
conformity  with  the  Greek  spelling  in  the  two 
first  syllables  of  the  word,  we  hope  the  next 
syllable  must  be  spelt  so  too :  but  since  it  is 
contended,  that  the  substance  of  this  objection 
must  be  put  into  a  plea  in  abatement,  we  shall 
wait  the  direction  of  the  Court  as  to  that  matter. 
As  to  the  words  *  compassavit,  imaginatus  fnit, 

*  et  inlendebat,'  there  is  something  in  that  ob- 
jection ;  they  all  relate  to  a  time  past,  but  they 
are  in  different  tenses  or  time ;  there  is  the 
prcterperfect  and  preteriro perfect  tense,  and 
there  is  the  conjunction  conulative  between 
them,  as  if  both  tenses  implied  the  same  times, 
which  it  is  certain  they  do  not,  and  therefore 
they  charge  naught ;  for  a  thing  cannot  be 
done  lately  and  formerly,  and  both  at  the  sams 
time. 

As  to  the  other  words  ^  ad  capiend',  seisiend^ 
<  et  imprisonand.',  we  are  u[>on  the  forms  of 
an  indictment,  and  must  be  governed  hy  the 
usual  forms :  1  believe  there  is  no  instance  on 
record,  where  these  words  are  made  wne  of  in 
any  acquisition  of  this  kind ;  for  whirli  rea- 
sons we  humbly  hope  this  indictment  shall  be 
quashed. 

^\r.  Ketelhet/,  My  lord,  I  beg  leave  to  of- 
fer a  word  or  two  by  way  of  reply  :  Mr.  Ser- 
jeant Pengclly  is  phased  to  say,  that  sense 
may  he  made  of  these  words,  and  that  *■  plc- 
'  nius  verltntem'  as  it  is,  is  good  Latin,  hy  lift- 
ing these  words  from  the  ht)tt<)m  of  the  sen- 
tence, to  the  top,  and  inaUing  then)  follow  *  ad 

*  inqiiircndiinr.  1  believe  four  parts  in  five  of 
the    eafilion    interfere     between  the    *  iuq«>i- 

*  renduin'  and  the  *  {denitis  vcrilutrm/  a  whole 
eatalogue  of  offMuet'S  s<'veral  iiv!p[)endi:nt 
sentenres,  ilifferent  limes,  persons,  places, 
ttiin^^s  all  stationed  between,  and  yet  these 
words  are  to  be  united  :  I  would  he  ^lad  to 
know  by  what  rule  of  granmiar  this  can  be 
ilonc  ? 

As  to  the  word  Christopheni*:,  T  shall  not 
further  insist  u|M)n  that  as  a  pn)p(T  objection 
under  this  head,  because  your  lordship  seems 
to  be  of  an  opinion  that  we  ought  to  have  plead- 
ed it  in  abAlement. 

As  to  the  word  '  seisiend. %  it  hath  been  said 
it  is  a  word  well  known  in  the  exchequer,  but 


I 


til]  0 GEORGE  T- 

tbey  drt  mi  ihevr  one  iutitance  wherccrcr  it 
Wfts  uied ;  inil(^ell  lliev  mentioiv  a  |>rerppl  to  the 
■beriff  '  seisii'i  t»cbs,*  and  the  return   *  sebiri 

*  feci/  but  what  is  thai  to  *  lieiiiienditm  \^  the 
ooeis  juslHied  by  u)»age,  tlie  *  seisitus*  as  *  sei- 

*  »iri  ;*  besitles  *  seisin^  is  there  u^ed  ia  the 
rerj  same  sen&e  which  the  bw  hath  impoiied 
iip<inH;  it  U  to  be  put  into  poii»pssioii,  liie 
landti  are  so  delivered  by  the  slieriff  idto  the 
hands  of  the  king,  that  he  beciimes  seized 
thereof,  *  ul  de  femloet  in  fure  coronie,'  till  ao 
'  aiuQveas  tnanys'  be  obtained :  hut  if  ever  that 
word  was  nut  into  any  imhctinent  la  sig^nity  to 
fteize  and  jmpriiM>n  the  king,  it  is  entirely  un- 
kiioivn  tt>  me* 

Indeed  here  ii  one  piece  of  d<iclrine  offered, 
tbat  if  it  holds  good  puts  an  end  to  all  our  ob- 
jections, and  ereu  tu  the  uct  ot^  parUameut  on 
which  they  are  founded  ;  bui  1  ntust  own  it 
ii  entirely  new  to  me:  we  are  told  there  are 
other  worils  in  the  indictnticnt,  and  o(her  overt- 
«£U,  nnd  if  one  act  is  siifficieolly  expressed  by 
any  one  word,  thoug^h  there  be  words  that  are 
inaproper  and  false  Latin,  \ei  it  shall  not 
ritiaie  the  indictment ;  what  a?ai1s  tbeu  this 
act  that  efi]|>ower8  us  to  make  objections  to 
tnU*writingj»  naji-«pelUng»  false  and  improper 
Ijatin  f  It  is  t'npos^ible  to  suppose,  that  who- 
ever  bath  tbe  drawing  ol  an  indictmefit 
ahould  moke  fauJlSf  and  ht under  on  frooi 
tirtt  to  tasi:  no,  in  an  indictment  for  high* 
Ireaion  ibe  greatest  care  is,  or  ought  to  be 
taken  in  the  drawing  of  it ;  and  w  here  the 
life  of  a  person y  and  all  that  is  Taluahle  is  at 
stake,  the  law  wili  not  ftubject  any  one  lo  such 
dreadful  penalties  and  forfeiture  lor  an  offence 
expresseJ  only  by  words  of  an  unknown  or  dn- 
bioua  signification  ;  and  iherefore,  we  hope 
ihftt  this  goes  to  the  whol«,  and  that  the  in- 
djcimeut  Bball  be  quashed,  or  else  it  would 
he  nugatory  for  ui  to  be  allowed  to  lake  ex  - 
ceplious  to  ooe  part  of  the  bdictment,  if  the 
other  were  good. 

1  believe  Mr  Attorney  won't  shew  any 
iosiance  (1  submit  it  to  his  greater  experience), 
where  lie  ever  knew  one  o^ert-act  m  an  in- 
dictment aet  aside,  and  the  rest  of  the  indict- 
ment held  good :  excepllonv  huve,  ever  aince 
the  making  this  act,  het-n  taken  and  argued  by 
eouniie],  and  determined  ;  but  if  this  liea  ^^utB- 
cieot  answer,  turely  they  spent  the  time  of  the 
Court  lo  very  little  pur[H>se,  in  debating  whe- 
ther there  wera  any  fhults  in  the  indictment, 
when  it  was  ao  easy  to  Khew  it  wun  not  faulty 
throughout,  51  r,  Serjeant  Pengelly  has  been 
jileaseil  to  mention  the  opimun  of  my  lord 
chief  jnstice  Holt,  U|mn  one  id"  the  trials  be- 
fore him,  that  although  one  entire  ovt^rt-act 
was  insufficiently  alleged,  yet  if  there  was  nny 
other  well  laid,  the  Court  troutd  not  qttaiih  the 
Indictment;*  I  wish  he  hail  fold  us  in  what 
trial,  or  where  it  ia  to  be  found,  fnr  I  don't 
remember  it  in  any  of  the  printed  trials:  as  to 
what  was  meniioned,  with  regard  to  the  au- 

*  See  Uacb'i  Hawk.  FL  Cr.  book  g^««  4^1 
§180. 


kTwGpheir  Layff^ 


tHl 


thority  of  that  b^ok,  f  >r  the  wofds  *  pTenioa 
veritatem»' Mr  Hu  ne'er  ford  rightly  otiser^fd, 
thai  the  authoritv  of  that  book  was  uiieijy 
denied  at  the  trial  of  Mattlieivs ;  your  lord- 
ship  was  not  there,  my  lord  chief  justice  Kin 
presided  then  upon  tbe  tiench,  that  book 
ticutarly  directed,  that  not  only  the  names 
tbe  jurors  should  be  inserted  in  tbe  panueL  but 
also  their  additions,  and  the  places  wbec 
they  lived ;  instead  of  that,  the  copy  of  i 
panjtel  delivered  consisted  only  of  a  long  lij 
of  bare  names,  no  additions^  nor  where  ihe^ 
lived  ;  whereupon  we  made  our  ohjectioo,  %wi 
insi&ted  on  the  authority  of  that  book.  Not 
withstanding  which,  the  objection  was  thf 
over -ruled,  and  consequently  we  hope  wt;  tba 
not  be  pinned  down  to  the  authority  of  th 
book  any  more  in  this  case,  than  the  othei 
for  these  reasons  we  hope  your  lordship  wiil  be 
of  opinion  that  the  king's  counsel  have  *"* 
given  u  full  ansiwer  to  our  obj^cUous,  and  I 
the  indictments  hall  be  quashetL 

Mr.  Hungerford.  My  lord,  I  beg  leaT« 
hand  up  this  precedent    of  my  lord  Cok«' 
where  these  words  are  entirely  leffc  out* 

L.  C.  X  What  is  the  use  you  would  ma 
of  setting  up  an  extrajudicial  opinion  of  __^ 
lord  Coke's,  as  you  rail  it,  againat  the  opinibii 
of  all  the  judges  ?  Because  it  is  not  io  my 
lord  Coke's  form,  theitfore  it  is  not  necessary 
or  riglit;  but  at  the  same  time  you  would  have 
us  governed  by  my  lord  Cokeys  opinion,  you 
would  have  us  reject  the  opinion  of  all  'the 
judges.  My  lord  Coke  may  be  wron^  j  tbe 
opinion  of  all  the  judges  io  an  extrajudicial 
case  may  be  wrong;  but  it  would  be  fery 
strange  to  give  a  greater  weight  to  the  e^Ort* 
judicial  oifinion  of  my  lord  Ct»ke,  because  he 
bath  kii  tne  words  out,  than  to  the  opinion  of 
all  the  judges  that  have  put  the  words  in  ; 
neither  is  concluiive;  but  certainly  tbe  opi- 
nion of  all  the  judges  of  later  tioies,  must 
have  more  weight  than  theextrnjudicial  opinion 
of  a  single  judge  at  any  former  time. 

As  to  the  matter  of  this  ohjcctioo,  you  say 
that  in  the  recital  of  Uie  coinmijisioii  of  Oyer 
and  Terminer,  in  tbe  caption  of  the  indictment, 
it  is  aaiil  tbe  conituijvsioners  had  aothorily  to 
enquire  '  de  quibuscunq;  p  renin  ion  iluw  Vf 
*  pleninsveritatem;^  *  plenius  vcrilatem'  < 
in  afterwards:  we  have  been  t<dd  oi  cL>..l„, 
and  Ciceronian  Latin ;  and  if  tliertj  he  any 
regard  to  he  had  to  that,  is  any  thing  mora 
common  in  every  part  of  Cicero,  than  to  put 
words  last,  that  in  construe  tin  u  muFt  come 
first  ?  I  do  not  know  any  rule  that  is  laid  dowo 
when  the  words  coming  last,  are  io  construc- 
tion to  be  taken  first,  hut  only  this,  that  the 
construction  is  to  l)e  according  to  the  natural 
sense  and  import  of  the  words  ;  and  if  so,  tbefi 
in  the  aulhortty  of  the  commissiooers,  where 
it  is  said  ihey  were  to  enquire  *  de  quibuscunq; 
prodi till n thus,  he.  plenius  veritatetn,'  in  con- 
struction the  last  wonis  must  he  taken  tirst. 
You  say  as  they  stand  it  is  nonsense,  and  sig- 
mhm  UQ^wgt  and  the  words  vre  Dugatury  ; 
1 


IIS] 


Jhr  High  Tnaxon* 


A.  D.  nsf- 


[Hi 


hmm  Diftterial  where  ibey  »t«iid,  they  must 
l»  tttkrn  Ml  ttiAi  in3nn<^  of  construction  ai 
wttld  wttke  them  sigftiificiin^  ibat  in,  by  Ukingf 
Aelvt  wortfSf  '  pleniui  ▼eriutem,*  to  go  first 
to  utwIiiittioD ;  iben  it  ii  fery  proper  iti4 
Jvf,  anrfvli  willbeweU. 

As  td  ili«  iiiatu»f  of  the  tiii9nom«f,  that  you 
k«fe  fiven   op,  and  very  ju«Uy,  for  yoirare 
r  I*  pt<*oil  that  io  abatement.* 
i«iXt  objeciron  is,  you  uay  here  is  itn* 
Ifttiti,  *•  compasKavlt*  in  the  preterper- 
»  imaen^^^u^  f»iit'  io  the  same  tense, 
bat'  in  the  preteiimpcrft^ct  tease  ; 


XSL 


^kit§mm  words  Uy  i\\eiu%e\Te$i^  guppone  iL  had 
Ian  *  Ma(rassavii'  odv,  *  imaginatus  fuit* 
MtjTf  9€  *  loieodebal*  cinlYt  would  not  either  of 


whether  in  the  preterperfect  or 
ct  tense,  hare  been  sufficient  to 
'  obirg^d  Mr.  Lsyer  \l'ith  having-  some 
t.Hl  anil  imaf^ined  ihe  dtrath 
if^kiti^  ,  one  oft  htse  Hords  charge 

km  with  the  luient  of  couipa^siug  aud  iinsi- 
l^  «ti4l  that  re-iates  to  a  time  that  h  passed^ 
preterpeHect  (eose^  or  prtterimper- 
t  m  aot  msleriil :  then  as  to  oue  ol  ihe 
U,  as  here  be  a  great  many  to  which 
as  stjectioo  is  ma<)e,  the  hii^h-treuson  is  com- 
j  ttoti  imag|iiiiiig  the  death  of  the  kinjf  ; 
ftttvcsf'ttcfs  are  seferal,  either  is  snfficietit  to 
•Ml  ll>e  treason  of  compassfnf^  and  i ma* 
the  4eath  of  the  kin^.  One  of  the 
I  U|  that  he  did  de^iig^iii  consult,  and 
iffve  *  ill  capiend,  seiiieud",  et  imprisonand.\ 
wm  pcrsoe  of  the  kio^.  Suppose  it  hud  been 
^■rf  eaMesNl,*  et  imprisoDand.*,  then  you  say 
H  hmd  Wen  well  enough ;  but  the  putiiufj  m 
iisi  wvnl  *  seisiend.*^  will  vitinte  the  whote^ 
WcaiiVQ  It  IS  an  improper  and  vicious  word.  I 
4s«H  know  that,  nor  dare  not  say  in  a  court 
if  bw  lliat  it  is  an  improper  aud  \  icions  ^ord  : 
Mi  mrt  told  of  a  c<»urt  ot  lA\Ar  where  the  word 
■  uuBit  mu6  bath  the  same  signification  as  io 
te  iB^nrtment ;  as  to  seize  lands  into  the 
iMiii  of  (h«f  kiiigi  to  seize  land^,  or  to  seize 
1k9  luit|^  |i€rson,  the  word  i$  the  same,  and 
W  •  mmm^  »  fo^td,  aud  enough  to  sig'Qify  to 
lalidft,  *  seiifire'  is  enough  to  nij^nity  to 
'  th«  king'*  person  ;  therefore  t  thiuk  it  is 
ipro>iif*r  worti ;  hut  whether  it  is  or  uni,  there 
ii  MRcseitt  in  the  indictment  Io  mainiaru  tlie 
divjfe  sg^ainat  Mr.  Layer,  for  he  is  charged 
irtib  a  consuhntion  and'  ngreemeiit  to  take  the 
with  a  con  suit  at  I  on  and  agreement  to 
1  detain  Ihe  king  in  prison  :  these 
em  without  the  word  *  scisieod/,  but 
sctsietid.'  hath  been  a  la w< word, 
I  to  our  proceedings  at  law,  never  oh- 
10  ;  bat  if  we  say  it  would  not  sig- 
A  aeisiogt  we  must  set  aside  half  the 
dio^  in  the  Court  of  Exchequer^  These 
l£e  objections  you  have  made,  and 
apprrhensiun  they  ean  be  of  no  ose 
Io  yoQf  ehent,  they   signify  no* 


•  l^oach's  llawkini's  Picas  of  tht  Crown 

%  c.  45.  (  oa. 

VOL,  XTL 


Jli%X,  Pomyi.  I  am  of  tlie  some  opiuloa :  not 
the  least  doubt  remsins  with  me. 

Just.  Eyre.  I  think  the  caption  of  the  in- 
dictment la  in  common  form,  and  the  excep- 
tions to  the  indictment  its«$if  are  fuUy  an* 
twered. 

Just.  Forte$cue  Aland,  I  am  of  the  same 
opinion ;  and  think  the  objections  to  be  of  no 
weight, 

L.  C*  J.  The  objections  being  all  orer-ruted; 
demand  of  him  what  he  hath  to  plead. 

CL  of  the  Vr,  Christopher  Layer,  hold  up 
your  hand.  How  say  you,  Christopher  Layet, 
are  you  Guilty  of  the  hi;;h'treasoQ  whereof 
you  stand  indicted,  or  Not  Guilty  f 

Prisoner,  I  dcjiire  my  plea  of  misnomer  may 
be  received,  ^liid  1  plead  Not  Guilty  as  to 
tlie  fact. 

CL  of  tht  Cn  reads  the  plea, 

*^  Et  Christuphorus  Layer  ad  Barram  hic 
duct,  in  propria  |»ersoua  sua  venit^  et  habito 
audit u  Itidicttiment.  pnedict.  dictt  quod  ipse  oil 
persoua  in  IndictameuL  pnedict*  mt^utiooaU  ct 
nitens.  |»er  nomen  ChriKiopheri  Lay<?r,  tJUMr 
de  paroch.  Sti.  Andnei  Uol borne  in  Co^*  Bul» 
VI r.  etveriiUH  quern  indictauicnt.  prtjedtct.  pru- 
lal.existit  pro  a!t.  Prodiiione  prttdict*  et  dictt 
quod  ip»e  ad  Indictament.  illud  re-^pondere 
compctli  no[i  debet,  quia  die.  qtiod  ipaediu  aute 
teuipus  caption.  JndiCtanienU  pnedict.  uecnoii 
hiite  tempus  oflensi  in  Indictament.  ill.  specie 
ficat.  et  heri  i^upnomt.  Baptizatus  fuit  per 
I  nomen  Christophori,  et  per  id  nomen  Christo- 
'  phori  semjier  a  tempore  Bapiizatlun.  suts  hu- 
jusque  voeat.  nuncupR(>  el  cogoit.  fuit,  et  hoc* 
pHrat.  est  terificare  ;  unde  ex  quo  ipse  non  no- 
mioatur  m  Imltcrament.  predict,  per  nomen 
Chrislophori,  petit  judicium  de  Indictament. 
illo,  et  si  ipse  ad  Indictament.  pnedict.  ullctius 
retipondere  compelli  debeat,  Ace.  et  quoad  pro- 
dilion.  in  Indictameist,  pra.*dict.  mentionat.  ipse 
prteilicl.  ChriMophorus  Layer  dictt  quod  ipso 
m  nullo  est  inde  culpabdis,  et  inde  de  bono  eC 
malo  ponit  se  super  Fatriam,  &c.* 

"  j,  hungciiforp, 
**  Abkl  Ketelbey.** 

X.  C.  X  Your  plea  is  reccired.  He  hath 
pleaded  in  abatement  first,  and  then  ple^do 
over  to  the  treason.     What  say  you  to  it  ? 

Serj.  PtfigeUy.  It  cannot  be  expected  thai 
we  should  luve'  a  rapljcation  reody  to  their 
plea  in  abatement :  we  were  not  aware  of  tliis; 
therefore  we  ought  to  k«ave  time  to  draw  up  a 
replication. 

X.  C.  J.  What  say  you  to  it  ? 

Mx*  Hungerfht'd  and  Mr.  Kttelhey.  My  lord, 
we  have  uo  objection  to  it. 


♦  "  The  rii-ht  «  av  seems  to  be,  that  ph 
should  be  followed  wuh  an  o,  aud/ with  an  tf, 
the  ftrst  being  derived  from  the  (Iret-k,  and  the 
other  from  th«  Lstin.  See  Lowick'g  indict^ 
inent,  vol.  stiir,  p.  '275,  where  it  is  Christo- 
phonji  Knightley.  See  alio  Co,  Eoir.  61*  a. 
55,  b.  215,  c.  80g,c.  d,  310,  i.  b,  3X9,  a,  331, 
b«**     Pomicr  Kdiiim* 

1 


1I5J  9  GEORGE  I. 

£.  C.  J.  Well,  the  plea  is  recorded.  Con- 
sider DOW  the  question  on  this  plea,  is,  wbetlier 
be  iras  haptizetl  by  tlie  name  of  Christophorus 
or  Cliruitopheriis  P 

Serj.  Pengelljf,  My  lord,  to-morrow  and 
next  day  beiog  holidays  (else  we  should  ha?e 
been  ready  by  to-morrow)  wt  therefore  pray, 
that  he  may  be  broujj^ht  up  ai|;ain  on  Saturday 
by  rule  of  this  court. 

Mr.  Huveerford,  I  ba?e  some  deuM  whe- 
ther it  can  be  by  rule,  or  by  Habeas  Corpus. 

X.  C.  J.  When  once  a  Habeas  Corpus  bath 
been  granteil,  and  he  is  broua:ht  lietbre  us,  we 
can  order  him  to  be  brou<)fiit  aj^in  by  mle. 
He  most  be  taken  back  again,  and  brought  up 
here  on  Saturday  next. 

November  3,  1722. 

The  prisoner  was  tliis  day  brou«^ht  to  the 
KingVbencb-bar  by  the  heutenant  oi'  the 
ToncT,  hi  obetUenct  to  the  rule  of  Court  made 
the  31st  of  October; 

Att,  Cmcii,  My  lord,  I  have  demurred  to  the 
prisoner's  plea  in  abatement,  and  pray  the 
demurrer  may  be  read. 

CL  of  the  Cr.  reads  the  ilemurrer. 

«*  £t  Uobertus  Uaymoiid  Mil.  Attorn.  Dom. 
Reg^s  Generalis  qui  pro  cudem  Dom.  Rege  in 
bac  parte  sequitur  haliito  audit,  placiti  pitcd.  in 
cessation.  Indictament.  pried,  sujierius  pla- 
citat.  pro  codein  Dom.  Kecre  dioit  quod  idem 
pincit.  materiaqtie  in  eodem  omtL-nt.  minus 
•uflirien.  inlegeexist.  adipsum  Christopheruiu 
a  rcspr.ndend.  ad  Indicument.  ill.  excu sand,  ad 
quod  quidem  placit.  idem  Attorn.  General, 
necesse  non  habet,  nee  i»er  legem  terra:  ti^uetur 
•lique  modo  respondere.  Etlioc  idem  Attorn. 
General,  proemlein  Dom.  Rege  pamt.  estrc^- 
ticare  prout  Cur'  ^c.  Uude  pro  iusuf&cieiit. 
placit  ill.  idem,  Attiiru.  Dom.  Regis  General, 
pro  eodem  Dom.  Rege  petit  judic.  et  quod  in- 
•lictament.  prwdict.  bon.  et  sutliciens  adju- 
tlicetiir,  ^c,  Rob.  Raymond." 

Alt,  Gen.  We  pray  tUey  may  join  in  the 
demurrer  immediately. 

Mr.  Hungefford.  My  lord,  it  is  altogether  a 
surprise  to  us,  and  as  the  clerk  hath  read  it,  it 
16  impossible  for  us  to  take  the  substance  of  tiiis 
•  dcuKirrcr.  We  therefor?  hope  we  shall  be  al- 
Jowed  a  few  days  to  consider  of  this  matter  of 
ioiuiiig  in  demurrer.  We  shall  not  ask  many. 
The  prtcedeuts  are  so,  the  prisoner  was  always 
Indulged  with  some  time  m  a  case,  of  this  na- 
ture. Before  the  act  of  parliament  for  regu- 
lating of  trbls,  where  matters  of  law  were 
started,  or  any  special  plying  did  arise,  the 
prisoner  was  mdulj|^ed  with  a  great  number  of 
t;ouosel .  Fitzhams  had  Ate,  a  greater  number 
tlian  I  ever  knew  engaged  on  one  side  in  deli- 
bcfrations  of  this  kinu,  unless  it  were  that 
number  of  learned  counsel  which  met  to  adviee 
upon,  and  adjust  this  demurrer.  But  1  think 
in  the  ordinary  course  of  tbe  Court  w  are 
proper  to  desire  two  or  three  dayii.  Tiro  or 
tluroe  days  is  bat  a  liltle  tinob  opociallj  whm 


Trial  of  Christopher  Layoff  [IMF 

the  life  of  a  man  is  concerned.  Mr.  Attomcj 
took  from  Wednesday  to  Saturday  to  coosider 
of  our  plea,  we  hope  at  least  the  same  time 
shall  be  allowed  to  us  to  consider  of  this  de- 
murrer. I  have  in  my  hand  the  amigDiDent 
of,  and  proceedings  against  FitEbarrii,  lie  wa» 
indulged  several  days. 

Mr.  Ketelbeff,  AJy  lord,  I  have  brooffht  thr 
book  along  with  me  relating  to  FitxDwim: 
As  to  the  matter  of  having  time  to  join  in  de< 
murrer,  whether  we  are  not  entitled  to  il  Iqf 
the  rules  of  the  Court,  1  must  submit  to  yoer 
lordship,  h  is  a  case  of  great  oonseqnenoe  & 
and,  as  I  takejt,  tlie  constant  practice  is,  thai  a 
four  days  rule  is  always  given  to  join  ia  de« 
murrer.  This  is  alwsA  s  done,  as  I  am  in- 
formed, on  the  crown-side  as  well  as  the  i  ~ 


side.  The  tenor  of  the  rule  is  either  to  joiB  tt 
demurrer  within  four  days,  or  to  wave  tke 
plea ;  but  Mr.  Attorney  requires  to  do  it  ina- 
mediately.  In  Fitzharris's  case  the  attomcy- 
general  demurred  in  court,  and  the  oouDsel  OB 
the  other  side  refused  to  join  in  demurrer  ioH 
mcdiutoly,  and  they  had  from  Wednesdav  t» 
Saturday.  We  hope  therefore  there  ihdl  ee  ft 
four  days  rule  for  us  to  join  in  demurrer  ee  in 
all  other  cases.  If  we  are  not  regular  in  in- 
sisting upon  four  days,  we  hope  at  least  your 
lonltdtip  \ull  indulge  us  with  some  time;  or  if 
uc  tio  immediately  join  in  demurrer,  tliat  wm 
shall  have  some  time  to  prepare  oureelfw  1^ 
argue  it. 

L,  C,  J.  How  say  you,  Mr.Haroowrlf  hew 
is  the  course  of  the  Court  ? 

Mr.  HartourU  My  lord,  in  criminal  pron 
outioiis  for  misdemeanors,  two  four  day  mliP 
to  plead  are  given,  and  a  i>eremptory  mlemof^ 
for;  and  tlieu  if  there  be  a  demurrer,  one  ftq^ 
days  rule  to  join  in  demurrer  is  gifen,  indn 
peremptory  rule  moved  for:  Bat  in 
cases  tiiere  is  no  rule  given,  either  to 
join  in  demurrer;  all  proceedings  in 
cases  being  at  bur,  the  prisoner  is  obliged  on 
occasions  to  answer  immediately,  nor  can  ' 
be  any  instance  shewn  to  the  contrary.* 

JL  C.  J.  The  course  of  the  Court  is 


you. 

Mr.  Kungerford.  As  to  the  conrse  of  d 
Court,  1  Imow  no  better  description  of  it,  th 
that  it  is  the  iminterrupted  usage  of  the  Co^ 
warranted  by  reason,  or  at  least  not  coo.^ 
dieted  by  it.  The  officer  tells  you  that  in  « 
minal  cases  which  are  not  capital  there 
rules  for  four  days,  and  four  days  to  plead,  ^ 
likewise  a  four  days  rule  to  jom  in  demnr^ 
and  surely  if  in  a  criminal  case,  which  ie 
capital,  a  man  is  indulj^red  four  days ;  an.  'i 
in  a  criminal  case  as  this  is,  which  it  o 
and  doth  touch  a  man's  life,  his  posterit 
his  estate,  by  parity  of  reason,  the  indnl 
ought  to  be  more  than  four  daya^  I  iiegl 
to  observe  one  thing  in  the  case  of  Fiw 
now  in  my  band, 
aska  the  prisoner, 

•  Aslothli  iM- 
Bobert  Johmii 


bine  in  the  case  of  Fits 
d.llykml  chief  justii 
r,  wiU you  picsi  ofr-* 


I  fira  may  bt^e  any  time  in  reasoo. 
my  Wfd,  we  bave  fUeaded  oter,  we  hate 
mmk4  Noi  Guilty  as  to  ibe  otfence  ;  i<>  that 
Ibf  tbift  rcftsan  we  might  bave  till  Hilary  term 
wad^  btca.v»i  we  bate  forwarded  thein  in  tbeir 
already  by  pleading  Not  Guilty  aa  tci 


ibc  Ii4(k>lm«m/    And   we  hope,  theretbre, 
Ite  ffsten^ii  of  the  other  side  vf  ill  not 


lEBi  wHb  tas  for  two  pr  three  days  in  a  caae  of 


Mr.  Eiielbey,  My  lord,  I  ooly  t>eg  leave  to 

ate  tbis  single  word,  that  tve  do  not  iDsi^t 

o^tftblbr  delay,  or  to  put  off  tbe  trial  j  we 

M«f  ftgmiie*\  firer  to  the  treason,  and  in   caiie 

aM  JuIq  in  demurrer^  whatever  time  is 

np  in  arguiui^  it,  cannot  obstruct  the 

itog«  ID  order  to  the  trial  i  nay,  the  trial 

le  Iftad  before  tbe  matter  of  tbe  deniiirrer 

WiiimiUied. 

I.  C.  X  1q  case  ymt  should  join  io  the  de* 
tt«Mr,  w  bat  can  you  do  elie  f 

Mi.  Keiclbry,  f  believe  we  abalL  I  f  we  had 
'«p(  tliDQght  our  plea  would  bare  stood  a  de- 
VttTfr,  w«!  had  not  made  use  of  it* 

8e^.  PtMgeliy.  My  lord,  what  be  praya  ia 
IfiiMt  the  rules  of  tbe  court ;  in  ail  capital 
I  <attei  tlicre  arc"  do  rules  given  to  plead  or  joitt 
Ib  demurrer,  but  the  proce<edinga  are  all  *  in- 
I  HMer,*  tbe  prisoner  being  present  in  neraon, 
I^mI  llierelore,  my  lord,  the  re  is  noihing  m  what 
^Hibij  wit.  When  tbey  put  iu  a  plea  id  abate- 
^pVOll  bere  al  tbe  bar,  which  cannot  be  ex]>ected 
I  m  dtoOflil  af,  it  is  reasonable  that  there  should 
I  kt  womm  time  to  conaider  of  that,  to  &ee  tbe 
sgbm  of  it^  and  cotisider  what  to  answer  to  it, 
Wt  hare  dernun^  to  their  plea  ;  no  doubt 
tlkay  had  ci/nsidered  of  their  plea  whether  it 
Was  a  |roo<I  plea  in  law,  or  not;  if  it  be  not 
DDOit,  can  they  amend  tbeir  plea  in  abatement  'f 
u  was  never  allowed:  If  they  can  make  no 
iUeralioQ  in  that,  what  can  they  do  ?  Tliej 
AMI  do  oothiog  else  but  join  iu  demurrer ;  it  li 
all  tWjr  can  do ;  and  when  tbey  have  joiued  in 
dmurrer,  westiail  f«e  if  they  have  any  reason 
<BrfKrtlicr  time*  But  aif  to  what  they  say, 
Aat  ii  lotlie  Sttfficieoey  of  the  pica,  it  may  &e 
■rnii4  snolber  time ;  and  as  ihey  have  pleaded 
•far  lo  ilie  treaAon,  there  needs  be  no  delay  aa 
to  Ibe  trial ;  I  would  he  glad  to  see  whether 
Iv  this  lliey  60  not  deprive  the  cro^ru  of  the 
rfmipo,  to  proceei)  in  such  manner  as  shall  be 
^•i^it  most  advantageous  for  the  carry  tag  on 
^  plOtttutJQD  ;  but  IS  it  advisable  to  leave  a 
jfm  in  afaatemeot  to  ttie  whole  undetermined, 
is4  lo  try  tbe  issue  Htst?  I  believe  ttiey  can 
lifv  AO  aocb   tostance,  and  therefore  in  all 


i  i^aaes,  as  well  as  iu  criuunal,  the  pjea  in 

BCfit  goes   to   the  whole,  to  destroy  the 

» ifrdiiOtiiieDt,  aud  indeed  ought  to  be  de> 

before  the  Court  goes  00  with  the 

InM*     My  lord,  we  are  surprized  at  what  tbey 

•cHi  by  ihta,  when  they  can  do  nothing  else 

bit  jotn  in  demurrer,  and  therefore  we   hope 

^^^iLftbali  join  immediately. 

^^^Hb*  Gtn*    Aly  lord»  what  we  insist  upon  is 

pWi  new  tbtiig  i  the  coastant  practice  io  cases 

if  ibit  ptlitrt  Das  beeOi  tbat  if  a  demurrer  ii 


put  info  tbe  priiioner*s  plea,  be  most  join  in  de- 
murrer '  instanter/  1  believe  tbe  gentlemen 
of  the  other  side  cauntit  i»hew  one  instance  to 
the  contrary.  The  prisoner  can  do  nothing 
but  join  in  demurrer.  As  to  what  ha;*  been 
said  about  our  having  time  from  Weilncsday  to 
8aturday,  the  reason  was  because  Thursday 
and  Friday  were  no  Westminster  ball  days, 
for  which  reason  we  could  not  have  the  pri- 
soner brought  up  befure  this  day  <  Tbe  putting 
in  a  demurrer  to  this  plea  can  be  no  surprize  to 
the  counsel  for  the  prisoner ;  for  yesterday  wa 
sent  C(»pies  of  our  demurrer  to  them.  Mr* 
Pember,  tlie  prisoner's  clerk  in  court,  had  a 
copy  or  it  by  two  of  the  clock  in  the  afternoon  ; 
and  the  prisoner  himself  had  one  about  four 
oVIock.  As  to  the  case  of  Fitzharris  whicb 
has  been  cited,  it  was  a  plea  looked  upon  to  cou* 
tain  things  of  very  great  difficulty  ;  tbe  time 
asked  for  there  was  not  to  join  iu  demurrer, 
but  the  time  applied  tor  was  lor  settling  the 
plea ;  but  as  soon  as  Mr.  Fitzharris  bad 
pleaded,  and  the  Attorney  Ceneral  bad  de* 
murred  to  it^  the  Court  ordered  ttie  prisoner  to 
join  in  demurrer  *  iastaj3t«:r.*  As  to  wbut  baa 
been  said,  tbat  we  may  [iroceed  to  trial  on  tbe 
plea  of  not  guilty  before  the  demurrer  lo  tbe 
plea  in  abatement  is  determmed,  tbat  ia  by  no 
means  advisable;  tbe  consequence  of  that 
may  be  very  ratscbierous ;  for  if  tbe  Court 
should  be  of  opinion  tbat  the  plea  io  abate tnent 
is  goo<J,  afler  we  have  disclosed  tbe  wliole  evi* 
deuce  aguiu^il  the  prisoner  upon  tbe  trial, 
tboui^h  we  ohiained  a  verdict  for  his  majesty, 
the  whole  must  be  set  aside  ;  and  therefore  we 
hope  your  lordship  wilt  uot  break  iu^o  the  com- 
mon metJjod  of  proceedings,  but  make  tbe  same 
rule  for  tbe  prisoner,  as  luways  haii  been  made 
iu  cases  of  the  like  nature  ;  whicb  ia,  that  be 
shall  join  in  demurrer  immefliately. 

SaL  Geii,  My  lord,  I  agree  with  the  counsel 
for  tbe  prisoner  that  we  are  io  a  case  of  lite, 
and  that  is  tbe  reason  why  their  client  should 
ba^e  all  the  indulgence  the  law  %vill  allow  him, 
Bui  I  beg  leave  to  observe,  tbat  we  are  not  now 
00  a  question  that  directly  concerns  the  merits 
of  tbe  case,  nor  whether  a  prisoner  who  is  to 
answer  for  his  lite  at  this  bar,  sliould  have  time 
to  senit  for  his  witnesses,  or  prepare  for  his  dt;> 
fence.  That  indeed  might  be  of  a  different 
consideration^  But  we  aie  now  barely  up^m  a 
frivolous^  dilatory  plea,  ns  frivolous  a  plea  as 
ever  was  oFlered  in  any  castf  whatsoever;  and 
the  question  is,  whctbi'r  they,  who  have  pre- 
|tarea  and  put  in  this  dilatory  plea,  shall  have 
time  given  them  to  consider,  whether  tbey  wilt 
join  iu  demurrer  upon  it  or  not  ?  As  to  the 
case  of  Fitzharris,  whatever  they  have  inferred 
from  It,  J  think  it  nether  turns  against  them. 
Was  that  a  plea  of  Misnraner?  A  letter  pre- 
tetided  to  be  mistaken  iu  a  name,  whicb  1  beg 
leave  to  say,  when  consideretl,  will  appear  to 
have  been  always  so  written  in  legnl  prf»ceed- 
mga:  No  ;  it  was  a  plea  of  the  pendency  of  ati 
impeachment  lor  the  same  offence,  sent  up  by 
the  House  of  Commons  to  the  House  of  Lords, 
and  by  coniequence^  iu  tbat  case,  tbe  prero« 


4 


119] 


0  GEORGE  I. 


Trial  ofChri^ofher  Layer ^ 


[IflO 


l^atiFe  of  the  crown,  the  jurisdiction  of  the 
Lords  and  the  privileges  of  the  Cummons  were 
highly  concerned.  This  was  a  question  of  as 
great  weight,  and  perhaiis  of  as  great  diificuhy, 
•s  could  come  before  the  Court,  and  therefore 
the  prisoner  had  time  given  him  to  plead  that 
matier ;  but  when  the  Attorney  General  de- 
murred to  it,  the  prisoner  ioined  in  demurrer 
instantly:  And  as  Mr.  Harcourt  acquaints 
jour  lonUhip,  the  practice  is,  that  there  is  no 
such  rule  for  proceeding  upon  demurrers  in 
capital  prosecutions  as  in  other  cases  ;  and  this 
appears  by  their  never  being  set  down  in  the 
paper  to  lie  argued,  as  demurrers  always  are  in 
other  causes.  80  it  was  in  the  case  of  Fiiz- 
harris.  That  was  argued  by  four  or  five  coun- 
■elof  a  side,  without  being  set  down  in  the  pa- 
per. Id  the  case  of  the  prisoner,  which  is 
3'onr  present  consideration,  more  hath  been 
done  for  him  than  was  done  for  Fitzharris. 
Here  is  not  only  a  demurrer  given  in  by  Mr. 
Attorney  at  the  bar,  but  the  prisoner's  attorney 
had  a  copy  of  the  demurrer  at  noon  the  day 
before,  and  consequently  they  could  not  want 
notice  that  we  intended  to  demur,  nor  be  un- 
der any  surprize  from  it.  What  then  would 
they  take  tune  for  ?  Can  thev  do  any  thing 
but  join  in  demurrer  ?  Can  they  amend  in 
capital  cases  P  Or  could  they  amend  a  plea  in 
abatement  in  any  case  ?  They  Jcnow  very  well 
that  thev  cannot.  Can  they  withdraw  their 
plea  ?  I  believe  they  cannot  do  that  neither 
without  tiie  consent  of  Mr.  Attorney  General. 
If  this  be  so,  would  thejr  take  time  to  consider 
ivhether  they  shall  jom  in  demurrer,  when 
they  have  no  choice,  when  it  is  impossible  for 
them  to  do  any  thin^  else?  But,  my  lord, 
the  method  of  proceedmg  we  are  now  insisting 
upon,  hath  been  always  taken  in  capital  cases. 
I  agree,  when  the  question  has  concerned  tbe 
merits  of  the  prisoner's  case,  or  when  he  has 
been  to  prepare  and  consider  of  some  matter 
which  has  beeti,  strictly  speaking,  his  defence, 
time  hath  been  allowed,  but  not  in  other  in- 
stances. Where  the  exception  taken  hath 
been  to  the  jurisdiction  of  tlie  Court,  and  time 
has  been  desired  to  make  it  good,  it  hath  been 
denied  ;  as  in  the  case  of  my  lord  Preston, 
who  was  tried  before  my  lord  chief  justice  Holt, 
and  other  jud^res  at  the  Old  Bailey.  My  lord 
Preston  insisted  that  he  was  a  ueer  createil  by 
letters  patent  of  king  James  the  second,  and 
consequently  that  the  Court  at  the  Old  Bailey 
had  no  jurisdiction  to  try  him,  and  he  prayed 
time  to  produce  his  letters  patent  in  order  to 
prepare  and  make  good  his  plea ;  but  the  Court 
refused  to  give  him  time  for  that  purpose. 
And  1  believe  it  will  be  fbaiid,  that  in  all  in- 
etances  when  pleaa  have  •PPeaied  od  the  flrat 
'  rm  oftben  to  be  merely  Uetory.  and  ofmd 
^noollMw  wmm^  luA  te  Mav  dial  mtiee 


think  in  civil  actions  the  Goort 
would  set  this  plea  aside,  but  in  a  ease  of  life  it 
is  received ;  and  Mr.  Attorney  has  tboe^bt  fit 
to  demnr  to  it.  Is  any  advantage  lost,  ter  the 
prisoner  to  join  in  demurrer  instantly  ?  1  ap- 
prehend what  they  move  fur  is  to  have  tine  ta 
join  in  demurrer.  Are  they  notes  reedy  to  do 
that  now,  as  if  they  bad  a  week  or  tea  daya 
time  given  them  ?  Is  there  any  thing  else  eea 
be  done  ?  And  is  there  anv  occasion  fur  tisM 
to  do  that  which  must  be  done  ?  And  cenaot 
thev  as  well  j<iin  in  demurrer  now,  as  if  tbi^? 
had  more  time  to  do  it  ?  Certainly  tliey  nsajv 
my  lord,  since  by  the  rules  of  the  Court  (as  mtm 
Hiut^ourt  intbruis  your  lordsbiji),  there  is  ao 
rule  given,  but  they  are  to  join  instaallj. 
There  is  no  reason  to  allow  them  time,  1 ' 


thej^  can  lose  no  benefit  or  advantage  by  ioia- 
ing  instantly.  So  then,  as  we  appreheiid,  wa 
are  in  the  course  of  the  Court,  aud  there  is  no 
reason  why  the  course  of  the  Court  shoald  ba 
altered  in  tbis  case ;  we  therefore  hope  that  they 
shall  join  in  demurrer  immediately. 

Mr,  ^Vi^  My  lord,  I  think  there  is  wMaa^ 
in  the  exception  of  bis  counsel  not  beiii^  ready 
to  argue  his  plea :  no  doubt  they  consideied  oC 
it  before  they  brought  it  in  ;  and  wbea  they 
had  produced  their  plea,  Mr.  Attorney 
inurred  to  it.  1  cannot  see  why  they  shi 
insist  so  much  for  time,  when  they  can  de 
nothing  else  but  join  in  demurrer ;  therefore  wa 
hope  that  they  shall  instantly  join  in  demuner. 

Air.  Ilungerford.    My  lord,  1  beg  leave  le 
set  a  matter  of  fact  right,  that  is  as  to  the  ceaa 
of  Fitzharris,  which  was  mentioned  as  an  an^ 
thority  against  us  by  Mr.  Attorney,  but  in  trath 
is  not  so ;   for  though  Fitzharris's  cnunael  did 
join  in  demurrer  innnediaiely  (or  *  instanter,' 
as  it  is  called)  yet  that  was  not  by  the  eoerdeo 
of  the  Court ;   but  they  voluntarily  offered  le 
join  in  demurrer,  upon  an  opiniou  fas  I  prs- 
sume)  of  their  own  great  abilities  and  sell-snf* 
6ciency  in  the  matter.     But  we  have  not  thai 
opinion  of  our  extempore  perfonnanoea,  bat 
desire  time  to  consider  of  thiH  matter.     As  tm 
my  lord  Preston's  ca»e,  qiuited  by  Mr.  Holici-* 
tor,  it  is  troe  the  Court  diti  not  give  liim  leaviR 
to  send  for  his  letters  |iateut,  because,  ei 
kn-d  himself  had  opened  them,  and  the 
was,  his  letters  patent  w»'re  dateil  at  St.  Ger-*^ 
mains,  and  griinted  by  king  James  there, 
his  alidicatioo ;    and  it  would  have  been 
highest  iudi)(niiy  both  to  the  Court  ami  tfae^^^ 
veroment,  to  iiaVe  such  letters  patent  plced«^^ 
or  insisted  en ;   and  1  believe  no  gentlesMik. 
the  liar  then,  or  now,  would  have  signed  a  -^^^ 
a  pleii,  which  if  allewed  would  have  im| 
that  tlie  government  was  not  well  1 
their  majestiee  kiog  William  and  queea 
end  that  king  James  (tfaongb  at  St.  '^ 
bed  a  right  le  oeate  peers,  and  eoasec^w^^^^ 
WM  nelly  kiaf.    But  if  my  lord  PreBU.%  .^^^ 
*-4'  UntKB  aalent  regularly  gvaaled  U^^^ 
>  -r  Iniy  WiNMMh  in  kschenl 
*a#^ 


lich 


book 


Jfof  High  Tnason* 

in  tod  to  tilm  there;  that^ 
ibijofi,  was  iii9  reii«ion  why 
iDilutge  btm  wKli  time,  »tirt 
t%«fc»^irt,  9  («ope,  19  of  no 
ftK.  Jt  if  «ai<i  we  ire  tieil 
i ,  w«  knew  out  own  strenf^th 
i!^  and  Itieri^lnre  oti^lit  to  be 
li  liul  if  ui^y  ineniory  «Kilh  not 
sndnrv  t  nrjjeak  it  with  aome 
M»m  aneioftaiices  where  even 
«  tt  p]««  haU)  bc«fi  jimeiitled. 
«•  4ion«  h  the  e«Me  (>f  my  lord 
vrwB  a  pi  en  to  the  iiir  indict  ion 
JIIv  lord,  wc  »hf*ll  desire  hut  n 
fviiioh  I  hu|»e  will  be  ^rrAuted  as. 
My  lord,  hb  to  Fitxharris'ti 
wmn,  amended  th^re:  the  firtt 
1  io  hj  Mr.  FiJzharris  \\{m- 
fileci  Wia  brought  in  ai>d 
incr  llie  plea  was  read  the 
lihn  ^ouoaelf  and  ft^ve  him 
*"*  '  '  t*i  nut  the  plea  in 
ana  it  was  alterod 
on  Wednestlay.  As  In 
J  «ay!i*  that  the  Court  com- 
til)  ifi  <^ifiurrer  ttiitiinily^  the 
ok  which  I  h*Te  in  my  hand 
w^  iHat  are  aisii^ned  counsel  for  the 
ii  al  Ike  bar,  we  do  not  desij^n  to  de- 
f<Ciatditig»>  litit  to  declare  that  ne  will 
lignum  wkb  Ihem  immeihately.^' 
I  llfte  words  of  the  hook  ;  so  that  it  was 
■tvry  aet  of  the  counsel,  and  they 
■i  all  f-.'^v'^Mf-d  to  it  by  the  Court. 
hat  M*  t  o!»»en't»s  to  be  tiie 

}  la.,  . -J ;  ihat  we  cannot  shew 
'  to  the  ronirary  ;    I  d(i  not  know 
Ri  «li*»^v  one  invitAnce  for  it,  ex- 
Iiirriu ;    if  they  can 
nne  instance,  we  flhati 

M  a  frivofon*  plea,  ibe  variation  of 

|ifl4  nc^vr  writ  otherwi!it>.    %\  bet  her 

mr  nat  will  uppifir  nheu  it  corner 

feofdahtp  in  pnf lament :    a»  to  its 

f  •Tiiaotberwi'.t'  \Un\\  with  an  c.  I 

Mlbcy  can  And  ii  in  aity  bouk 

f^ml  upelt  so,  unlesc^i  Ihey  liuve 

•  Ifiilr actor  Ckrric-alis :'    all  the 

ttty  an*  otherwise ;    1  hrlieve 

^1  hui  iittir  weight.     M 

,  which  Mr.  S*Wtci<or 

'.  11**-  that  the  Court 

tke  out  liis  plea, 

I  hail'.  I  ample  ansi^er 

9  ai»  lii  tUe  ctrcum  stun  CCS  ; 

fthat  lord  had  l»een  «uch  a»  the 

fcf  miitf  wdit  ij' t'  |drn«ed  to  state 

^^^▼r,  but  t)»f  contrary  to  what 

^  Fitzhamit's  case,  and  there- 

tffta  bw  niaife  of  i|  i*  one  9111- 

r?  and  whrrr  ^1    1  k 

'  *^**''  '"'hihfrnce  «»i  ( 

^  h^^mr  of  lite,  anil   ^niin   un 

pM^if  at  Ibe  OBtureof  tke  thiujj 

(ttttp^  Mi  taiatiiitly  li>  join  in 


)  «riiU 


A-  D.  1793.  [ISf 

Ait,  Gen.  My  lord,  1  beg  leave  to  state  ««• 
fact  right,  and  that  is  as  to  Fit^barns's  case: 
they  say  the  plea  was  put  in,  and  sf(€!rw;irda 
amend eii ;  that  is  a  mistake  ;  the  fact  was,  thai 
hit  wite  broui^ht  a  ptea  into  court ^  and  olfereil  it 
to  the  Court,  and  pressed  it  tiii^lit  l>e  reoeivod  ( 
but  BIr.  FitzhniTis  was  adviied  Ut  consider 
what  he  did,  and  thereupon  he  took  it  back,  aiUI 
aHerwards  brought  a  plea  "in,  wl»ieh  was  ra- 
crivetl,  and  after  that  it  was  nerer  allcreil. 

L,  C.  J,  I  d^rv  say  it  is  the  lira  time  tbal 
ever  in  a  capital  cui;e,  when  a  plea  iir  abata- 
ment  was  pleaded^  and  the  Attornev  General 
thought  tit  10  tlemur  to  it,  that  the'party  de« 
sired  time  to  join  in  demurrer.  You  arr  not 
entitled  to  any  time  by  ibc  course  of  the  Court, 
you  cannot  shew  any  iniitance  to  prove  it ;  the 
question  then  is,  whether  you  have  ^tven  any 
reason  for  us  to  indulge  you  with  lime,  ibat 
never  was  i^nmtefl  in  a  case  of  this  nature. 

You  have  pleaded  in  abatement ;  you  were 
enabled  so  to  do  by  baring'  a  copy  of  the  in* 
dictment ;  you  brought  your  pltia  ready  en- 
grossed,  and  put  it  in.  Mr.  Attorney  not'heinf 
aware  of  any  »uch  plea^  it  cotild  not  be  expect- 
ed he  should  be  ready  with  a  demurrer  Ju  hit 
hand  to  this  plea,  and  therefore  be  desired  time 
to  consider  of  it.  The  next  day  it  could  i«ot  be, 
nor  the  next  atkr  that,  they  being  holidays  ; 
but  then  tlie  very  tirst  time  that  he  had  an  op- 
portunity to  come,  he  comea  and  demurs  te 
your  plea:  but  vo«  deaire  time,  and  why 
bbonlri  you  not  have  time,  when  they  had 
time,  to  consider  whether  you  shall  join  in  de- 
murrer ? 

Do  yon  want  time  to  consider  whether  yon 
shall  join  in  demurrer,  after  you  had  time  to 
plead  and  draw  up  your  pl«»a,  and  have  brought 
It  into  court?  \Vbv  vtiuuld  you  hare  timef 
Can  you  do  any  tiling  else  hut  join  in  de« 
morrer?  You  can  <lo  notbiogf  ebe :  and  unleag 
you  can  shew  any  reason  why  tb*;  Court  sliould 
indul^  you,  if  you  do  not  think  fit  to  join,  we 
mu«t  ^'ive  judgment  against  your  ptea.  Yott 
till  IIS  (»f  the  case  of  Fitzh arris  ;  that  is  as 
widely  different  from  this  caae  as  any  thin^ 
can  be.  It  was  a  ca».<*  of  great  difficulty,  tlial 
reijuired  ^reat  ctm^i deration,  whcu  a  party 
comes  and  informs  tiii^i  Court,  and  insists  he  i« 
not  %vithin  tht^Jurisdiriion  of  the  CuurC*  H'ben 
a  maiter  is  iirt;c*d  to  uh  as  a  question  of  law,  if 
we  were  not  Ixmtid  ik%  we  are  by  act  of  parlia- 
ment, we  would  certainly  iu^»i|fn  counsel  to  the 
prisoner  to  id^^itd  a  maiti-r  of  ilmt  nature  ;  and 
when  the  Court  in  FitzhtirriH'ti  cHf^e  had  aa- 
si(fned  him  counsel,  were  thi>se  counnfl  to  ar- 
gue jmtUf'diMtely  f  It  was  nothing  hut  justice 
to  give  tli»iu  time  after  they  were  as«»igaed,  to 
Afffue  a  plea  of  that  nature ;  a  |>tca  in  whtcK 
the  prerogative  of  th«  crown,  the  junwliction 
of  the  Hoim'  of  Lonis,  and  I  he  riijh.s  of  the 
Comtnona  wne  concerned.  The  Court  ^ould 
not  run  hastily  into  the  dctrrmmirtif  id  that 
msttff,  without  Itearing  it  drtj^ted  by  coun*te1, 
attd  tberefbi^  they  gave  the  coumel  time,  upon 
which  they  tnigbt  be  able  to  give  0  just  judg- 
ment.    U  there  atiy  thing  in  tbia  ease  like  it  f 


I 


I 


I 

I 
I 


18T] 


§  GEORGE  h 


toen  of  the  «lhc*f  side  seem«  to  gire  »  ftati<'tiou 
to  it,  and  mukee  it  oot  so  friTolons  89  liatU  Wen 
f«|i  reset!  ted. 

L.  C.  J,  Whtt  dr»  ytm  tiietti,  Mr,  KiHelhey  ? 
Mwc  is  ftothmff  asked  of  yoti :  you  do  di?iirt 
t(|  wave  «ud  witlidiaw  your  ptet ;  >ve  desire  i4« 
koovir,  if  vou  do»  whether  you  will  plead  by  ibe 
Qitne  a»  it  is  iti  the  indtctiuent? 

Mr.  KeUibty.     My  lord»  wt?  do. 

Alt.  Gen,  We  desire  lh<  |d -a  €>f  Not  Guilty 
may  be  amendedf  upon  the  consent  of  the  pri- 
•ooVr. 

Mr»  BHn[rtrford.  We  oflVr  now»  let  the 
|iiece  oJ'parcliiiieftt  be  eiilirely  aWU^ihetl,  take 
iieiiiirdy  out  of  the  way,  aud  wa  plead  Not 
Guilty. 

L.  "iC,  /.  Your  plea  moft  be  now  *  et  prtc- 
dict^  Christopherus  ikictu^  hie  ad  harraiii,'  ^c. 

iWr.  KiteiUff.     We  siihmit  it. 
■    PrutmtT,     I  desire  to  viithdraw  and  retract 
Ilie«iher  plea,  and  do  plead  Not  Guilty. 

L.C.J.  No,  it  uiust  he  mel1dt^d ;  yoo  will 
liear  hoiv  it  is  when  U  is  ulriick  out  and  amend- 
Itd,  ami  Iheu  y<^u  will  idl  us  whether  it  is 
lueuded  Acordiiiij  to  v»ur  iutent^  or  no. 

CI,  efthe  Cr.  '*  fit  pricdieiyfj  Cliriwtophenjs 
Layer  allocuiua  existeus  per  Cur*  hie  de  all' 
^roilitioii*  firiEdu*ta|>er  Indiciament^  piietliei'  ei 
•uperiu!i  iiiip4»i»it^  qoaliter  «*e  velit  lode  aci}uitv 
tail,  ideui  Christopheius  L:tvei'  diet t  quod  ip&c 
In  nulio  est  inde  culpnbiiiii  ct  tnde  de  botio  et 
tnalo  (Mtiit  se  super  patrtaiu/* 

X.  C.  J.  Is  this  accordiug  to  your  intention? 

Pnumer.    Yea. 

Serj.  Pcfjgetty,  My  lord,  I  behere  it  is  usual 
I  In  these  cases  ♦t>r  the  Couit  to*appoint  a  time 
ibr  (he  trial;  the  lust  return  hut  one  m  this 
tcrtn  is  the  19th  of  November,  so  if  you  please 
it  may  He  the  *  quarto  dte  (»ost,'  which  I  think 
la  Wednesday,  if  that  he  auiiuble  and  C0D¥e- 
^  iiient  to  the  Court. 

X.  C.  X     What  aay  yoo  to  it  ? 

Pri9oncr,     I   desire  your    lord&hip  would 

fire  uie  a  louv^er  tiny  to  preparf  for  my  trial, 
have  a  ^reat  number  of  witnesses,  twenty  or 
'  Xiiore,  most  of  them  peopit*  of  the  first  quality. 
\  1  hope  I  shall  hav'e  the  common  processes  of 
ttie  Court  III  bring  them  here  ;  and,  my  lord, 
Another  thing'  1  desire  is,  tbat  f  may  have  a 
Hiibees  i'orpus  ad  testificand*,  to  briD|<  my  lord 
North  and  Cirey,  and  my  lord  Orrery  at  my 
IriaL    That,  my  lord,  you  would  pleaiie  to  give 
Rie  as  long*  a  day  as  you  can  to  prepare  for  my 
trial ;  if  your  lont^hip  please  it  may  be  Mmi- 
'  d^y  the  26th,  and  tlien  your  lordship  will  hare 
ft  aay  of  rest  between. 

X,  C.  X    That  will  be  out  of  the  relurn. 
Mr.  Hungtrf'ord.    They  tnust  appear,  and 
I  then  may  be  atijoumed. 

X,  C  X     It  CBUuot  be  adjourned  over  be- 
t  jroud  the  return. 

Mr.  Kttelbty.     My  lord,  the  prisoner  hath 

(  fhewnthttt  hehnth  io  uo  rt*p*'cl  aftecled  delay, 

X.  ex.     It  caunot  be.     God  foihid  that  we 

•bould  deny  the  prisoner  to  hare  a  reasonable 

time  to  prepare  for  his  defence-,   it  is  three 

we^ktffom  Jbcwce;  ^ou  have  been  aware  of  it 


Trml  Gf  Chridopher  X ffyf  r,  [  ISS 

I  hing^  before;  you  have  known  the  indictment 
was  loond  ;  you  have  had  s»  copy  ok'  it ;  you 
have  known  your  chttrt^e;  and  is  not  all  this 
I  lime  enoujjh*.*  Consider,  the  term  dr«ws  to* 
I  ivard  an  end,  aud  it  interferes  wiih  the  com- 
mon b4tsines8  of  th«  term  if  we  carry  it  to  a 
farther  day  :  we  do  agree  the  Venirt^  to  be  re- 
turned Ociab.  Martini,  and  the  trial  tlien  moat 
be  the  *  quarto  die  po^t,-  i^hicii  will  he  Wed* 
aes<lay  the  '21aL  Aud  it  is  proper  tor  us  tfi 
give  yoo  an  intimatiori  now,  not  to  eX|K'<!l  any 
further  lime,  or  the  jury  to  be  udjounied  ;  do 
but  consider  what  a  multitude  must  be  bruughl 
n\t^  ei|r(ity  at  least ;  the  prisoner  bath  a  privi* 
le^e  to  challenge  35  pei'cmptorily,  aad  after^ 
fop  cause,  as  many  as  he  pleaMes ;  so  that  a 
great  autnlver  must  be  hn>ught  up ;  and  ioif 
Ihem  to  be  forced  to  attend  here  the  21^1,  %xA 
still  the  trial  to  be  put  uflf,  it  will  be  a  great  in* 
convenience  and  a  gi*eat  charce,  tht^refi^rc  lliai 
must  be  the  day  \  we  shall  not  consider  lo  put 
it  off  till  any  farther  time. 

Pritmier.  1  beg  leave  for  one  wnrd  more  j 
I  have  a  witoei^s  that  is  to  oouie  from  £din« 
burgh,  and  I  eou  Imrdly  have  him  here  by  the 
2 tat.  If  I  could  but  be  indulged  a  few  dajf 
longer— — 

X.  C.  J.  We  cannot  do  it  without  luakinj 
an  error  in  the  proceeilmga* 

Pri$on€r.  b  thei^  uo  other  returu  for  a  Ve- 
nire to  be  returnable  I* 

X.  C,  J.  No  ;  there  is  none  but  that,  804 
the  last  return  of  (he  tejtu  ;  and  it  is  impoatilile 
to  try  him  tliat  day,  without  doing  a  manrf^il 
wrong  and  injustice  to  the  people  of  EnglTind« 

Prisoner,  My  lord,  where  a  aian*8  life  is  at 
stake,  if  I  Kliould  not  be  itululged  over  till  the 
last  day  of  the  term,  for  want  of  a  witness  1 
may  be  in  danger  of  my  life :  1  hojie  therefof« 
your  lordship  will  please  to  indulge  me, 

X*  C.  X  You  have  had  a  great  deal  of  time 
already,  time  sufiicienl  to  bring  your  wittteM 
from  Ediiihurgh,  or  any  othei*  place,  aud  wa 
cannot  do  it.  To  put  you  oA' to  the  last  day  ^ 
the  term,  is  to  do  a  manifest  wrong  to  the  jieo* 
pte  of  England. 

Prisoner,  The  reason  why  1  mention  it  aver 
and  ovsr  again,  i^-,  because  1  would  not  giver 
your  lordship  the  trouble  to  be  turned  over  to 
another  day,  on  troubhog  your  lordship  witli 
a  til  davits. 

X.  C  J.  Vo  what  you  lay  beiure  us  as  mat* 
ter  proper  for  consideration,  we  shall  do  wbai 
18  just.  It  is  not  proper  for  y ou  lo  tell  us  what 
we  have  to  do,  and  to  make  bargains  with  os. 
Thai  is  the  day  of  trial ;  it  most  be  on  Wed- 
nesday the  tint :  your  counsel  wilt  tell  you  if 
is  im|>os«ible  to  comply  with  your  request^ 
without  dolug  the  maniiesteat  injustice  io  tba 
woild.  Or  else,  whether  to  try  you  upon  the 
yist,  or  in  two,  or  three,  or  four  days  ntr.r,  t 
do  not  think  the  consequence  worth  disputing  ; 
hut  we  cannot  do  it  without  douig  wrong  aud 
iujUHtict'  to  the  people  of  EtigUnd, 

Ptnoncr,  I  hope  I  shall  be  ludulged  two  CT 
three  days. 

X,  C*  X*  We  Gaa  aay  no  in^re^    TIm  taa§ 


High  Treaion* 

hmA  fbr  prepiiration  for  yaiir  trial  we 
tbaodanily  mlEcieut  tii  prepare  yourselfi 
fere  wc  are  of  oinnioo  tbat  tbe  trial  go  oti 
tktt  dmf  ;  and  we  order  it  acconlingl v* 
Mr  Ktitihof.     Your  lordship  will  pfea«c  to 
a  rtUe  ftir  bis  wife  and  sister  to  come  to 


A.  D.  1722, 


t.  C.  X  ^o ;  not  for  his  irife  and  sister. 

My  lord,  for  a  single  woman  to 

^  I  the  courts  and  tlie  gnanls,  to  be 

herself,  it  is  not  so  proper,  my 

C-/.     Yoti  shall  have  a  rule  from  the 

votir  wife  to  come ;  as  for  your  Btstor, 

Wve  that  to  the  direction  from  ano- 

We  must  not  be  too  forward  in 

women  to  come,  we  remember  an 

occmsinned  by  a  woman  comin*^  tliiihtfr. 

0rt».  There  must  be  a  rule  to  bring  him 

dav  of  his  trial* 

^Ibey,  '  My  lord,  as  to  having  his 

Corpus  ad  testi^caud'  for    ra^  lord 

an4  Grey,  and  my  lord  Orrery- 

L  C.  J,     You  mast  give  notice,  and  then 

as^e  miukl  you  please. 

Ilr»  Uut%g€rford.    By  what  was  said,  I  did 

y<i«iLis:u4i4,  I  must  confess,  that  though  the 
ll  was  tQflde  for  the  wife  only,  yet  that  it 
%bl  be  ift  the  power  of  tbe  gentleman  jailor 
fomiX  l»er  sister  to  come  with  her. 
£.»  C  J.  We  ifive  no  direction  concerning  It. 
_  c  will  have  a  rule  from  the  Court  that  will  be 
Im  ilti«ction»  unless  he  receifes  any  additional 
Anfiioii  from  auv  other  place ;  but  the  Court 
ti»ia  bis  wife  only. 

ilr-  Ktielbttf.  Ijiere  was  another  thing' men- 
iisMd,  tl»ai  he  may  have  copies  of  his  papers 
iktX  mtte  wixed. 

JL  C  J,  Gire  notice  for  what  you  think  fit, 
mik  more  it. 


iVopm^er '21,  1722. 


^K  Thisday  ChnstoitherLayer,  esq,  was  brought 
H!|i|b«<  lii*r  I.I  c'Hiftody  of  the  lieutenant  of  the 
W    TffWt.  1 -I nee  of  the  rule  »jf  Court  made 

I  fv  tliii  ,  -  i\  ill  order  to  bis  trial, 
I  CLf^  the  CV,  You  Christopher  Layer,  now 
I  alMiiwr  at  ibe  bar,  these  men  »liich  you  shall 
■  bar  oilM,  and  personally  uppeur,  are  to  pass 
I  lnwern  mir  «io?ereiirn  lord  the  king  and  you, 
I      y>  '  M«ir  hfe  and  death  :     If  you" will 

I      dalit  I,  or  any  of  them,  your  time  is 

b  chaJlini;^e  them  as  they  corner  to  the  book  to 
k  »n«Ti.  and  betbre  they  be  sworn* 
JTriiitrnife  Nurfon,esq* 

Mf.  Hungrfjofd.     My  lord,  we  desire  that 
liiirofu  m^y  be  taken  off. 

Im*  C-  J.     Vhe.  ironi  roust  be  taken  off;  we 
itin  iKil  trir  till  the  irons  are  taken  off. 

Prt*0iicr*    1  bope,  my  lord,  tliat  the  irons 
ihanbeimwukenoC 
JL  C.  J.  They  Khali  be  taken  off. 
Ifr  Hungerford.    Ttie  poor  man  bath  been 
ipprewied  by  these  chains,  that  be  was  not 
iBMi  to  pri-pare  his  brief     I  had  it  not  till  lafe 
Im  oigbt ;  and  ii  b  ten  sheets  of  pap^r* 
fOL.  XVh 


[120 

You  have 


AtL  Gen,    W hose  fault  is  that  ? 
had  time  enough. 

Mr.  llungtrjhrd,  it  is  the  fanlt  of  the  rrobs» 
Mr.  Attorney  ;  the  brief  was  not  brought  to 
loe  till  eleven  of  the  clock  last  night. 

X.  C,  X  rt  was  an  omission  ;  they  should 
hare  been  taken  off  before  he  came  to  the  bar« 

Alt*  Gen*  There  was  direction  giren  for 
their  being  taken  off  before ;  how  they  cam* 
not  to  be  taken  off,  I  cannot  telL 

X.  C.  X  Are  the  irons  taken  off  f 

Gent,  Jailor.  Yes, 

X.  C.  X  Go  on. 

CL  of  the  Cr,  Heneage  Norton,  esq. 

X.  C.  X  You  roust  call  over  all  the  Jurr, 

Mr,  Hungerford,  I  thought  they  would  ba 
all  called  oier  once,  before  any  one  is  endea* 
voiired  to  be  sworn. 

CI.  of  f  he  Cr,  They  hafe  been  called  oret 
already, 

Mr.  Hungerford,  When  P  Not  tince  the 
Court  sate,  I  am  sure.  I  would  know  whether 
the  intention  is,  that  nil  the  pa nn el  be  called 
over  before  any  one  of  them  is  sworn,  or  that 
the  pannel  is  to  be  calleil  orer  but  once,  ijind  the 
jurymen  sworn  as  they  thru  appear  ?  What  I 
have  observed  is,  tne  clerk  calis  over  the 
whole  pannel  first,  to  see  how  many  appear  ; 
and  then  calls  it  over  again,  and  swears  them 
as  they  answer  to  their  names,  if  not  chal- 
lenged. 

X>  C.  X  W^hat  you  observe  is  whai  bath 
been  done  at  the  Old  Bailey ;  there  they  call 
them  over  first ;  and  then  they  call  them  over 
again,  and  as  Uiey  appear  they  are  sworn  pre- 
sently.  But  by  the  course  of  the  Court  iiere 
they  are  call^l  OTer  before  the  Court  is  silting, 
aniTthey  mark  those  that  appear.  That  is  not 
sufficient;  but  they  are  called  over  figain  in 
court,  and  then  their  apnearunce  and  non-ap- 
peanirice  being  marked,  they  do  call  lliose  ever 
again  that  did  appear ;  and  as  one  appears,  if 
there  is  no  ohjeetmn  to  htm,  he  must  be  sworn. 

Mr.  Hungfrford.  1  have  observed  them  to  be 
called  over  when  nobody  is  by,  in  civil  casest; 
hut  in  such  a  case  as  thta,  a  case  of  high-trea- 
son, where  peremptory  challenge  is  allowed^ 
it  is  some  guide  to  the  prisoner  tn  making  bis 
challenges,  to  know  bclore-hand  who  du  and 
who  do  not  appear. 

Mr.  Keielbey,  My  lord,  with  submission,  ta 
all  criminal  caises,  there  is  no  other  method 
than  calling  over  the  pannet  according  as  it  is 
transmitted  mto  court.  It  is  probable  several 
of  the  jurors  who  did  not  appear  at  I  heir  being 
called  over  before  the  sitting  of  tlie  Court  will 
now  appear  ;  and  therefore  what  we  pray  is, 
that  the  whole  pannel  may  be  now  called  over 
in  the  order  as  it  stands,  not  tmty  those  who 
answered  to  tbe  Hrst  call,  but  those  also  who 
then  made  default. 

Att.  Cen.    1  can't  imagine  what  Ihey  mean. 

X.  C  X  Thin  debate  arises  from  not  under- 
standing one  another :  You  have  the  direction 
fd*  tlie  Court ;  the  pan  net  is  to  be  called  ojer« 
if  any  man  doth  not  appear,  bis  default  is 
marked  and  rcc^irded.    IVheu  aav  ane  doiU 

K 


9  GEORGE  I. 


Trial  of  Christopher  Layer, 


cm 


I 
I 


tppear,  tod  be  is  ool  cballeog^,  h«  if  t(»  be 

Mr.  Ketelhey*  T  came  tbrouf^h  the  ball  jutt 
DOWf  and  there  is  lucb  m  crowd  that  it  is  alnrMivt 
impocsibte  for  any  one  to  bear  wheo  Ibey  are 

FrUoner.  My  lord,  1  hope  they  thall  be  once 
called  over  i^^forc  they  come  to  be  twcirn  ;  for 
•a  to  tbeir  bem|r  culled  before,  that  was  before 
I  came ;  it  will  spend  but  a  little  ttine  to  read 
Of  er  forty  or  fitly  names. 

L,  C.  X  Call  them  over.  J  would  not  deny 
MY  thing  that  is  desired  in  reaaoo  by  or  on  the 
prtsoaer'a  behalf;  consider  what  yoti  are 
doiDg;  the  prisoner  hath  bad  a  copy  of  the 
paimei,  he  hath  exumiDed  it,  and  considered 
who  are  proper  for  bim  to  challentje  peremp- 
torily»  and  be  Lath  considered  who  they  are 
that  he  may  cballeoge  with  cause. 

I  eanuot  imagine  \  it  ivos  never  done  in  tbia 
world  i  We  have  asked  our  officer :  They 
ought  to  call  over  all  tlie  pannel ;  but  if  they 
do  not  appear^  their  default  is  marked ;  if  they 
do  appear,  the  prisonei'  knows  whether  he  likes 
them  or  not* 

Therefore,  when  they  come  to  tlie  bar,  if 
not  challenged  Uiey  must  be  sworn. 

Consider  what  this  demand  is :  we  shall  be 
An  hour  calling  them  over  the  flrHt  time,  that  it 
may  appear  to  the  prisoner  whether  they  ap- 
pear or  not ;  then  afterwards  you  are  to  call 
tbem  over  again,  and  to  have  them  brouq:ht  itp 
Again  when  they  come  to  be  sworn.  But  tf  it 
ever  hath  been  done,  it  js  fit  it  should  be  done 
now  ;  but  our  officer  tells  us  it  never  was 
done,  and  why  Bhoold  you  insiHt  upon  it  now ; 
you  have  had  all  the  indulgence  the  law  allows 
yon. 

Prtiower,  I  have  not  had  a  copy  of  the 
pannel  above  two  days  be  (ore.  Here  hath  been 
in  this  cause  nil  the  vile  practices — 

L,  C  /.  You  must  keep  within  due  and 
proper  bfioods.  You  are  come  now  to  be  tried 
for  an  offence  you  are  charged  withal ;  but  you 
•re  not  to  an'aign  and  challenge  every  body 
^se  ;  you  have  no  right  to  do  it.  If  in  proper 
time  it  appears  you  have  been  ill  used,  the 
Court  will  do  you  justice,  and  [finish  tbose 
Ibat  have  been  guilty  of  any  misbehaviour. 

Serj.  Pengetiy,   My  lord,  if  they  liave  any 

objection   to  the  jury,   they  are  to  challenge 

^Ihem  peremptorily,  wben  the  jury  cx^me  to  Be 

iworu.     Then   is  their  liiDe;  they  are   not  to 

ntprtain  the  Court  with  speeches  before. 

L.  C.  J*    No,  it  is  not   pro^^r. — Consider 

bow     unreasonable    it    is   lor    the     prisoner 

.to    arraign    Bumebody^s    iiiisbebaviour    witk- 

lint  namiog  him.     But  in  this  method  he  is 

infkiniuiting  objections,  %rhtcb  we  cannot  era- 

J  mine  whether  they  are  true  or  false,  on  purpose 

|to  captivate  |>eople  *»  and,  it  ulay  be,  mialead 

bem  in  tite  trial  of  the  cause. 

Mr.  Ketelbe^^  As  I  came  in,  1  observed  that 
|sU  the  avenues  to  tlie  Court  are  barricadoed 
ftp,  and  only  a  narrow  place  lef\  ou  the  stone 

eps,  and  a  guard  kept  there  to  keep  out  wboin 
tbey  da  not  tbiuk  fit  to  lei  in. 


Att*  Gen*  1  know  nothing  of  it ;  and  I  daft 
say  Dobodv  will  give  ^aoy  countenance  to  bin« 
dering  either  jury- men  or  witnesses  ooniiQg 
into  court,  when  their  Attendance  is  lequtrM 
here. 

Mr.  KeUlhfy,  I  bad  much  ado  to  get  la 
myself. 

X.  C.  X  There  shall  be  due  care  taken,  ibM 
any  of  the  jury  that  appear,  wc  will  order  wmy 
to  oe  made  for  them. 

Mr.  Hungcrjord.  My  lord,  I  will  lake  up 
but  very  little  of  your  time  in  this  matter  ;  J 
find  1  was  not  understood  before ;  that  which  I 
contend  for  is,  that  the  pannel  be  read  tlirougd 
once  in  tbe  prisoner's  preaeucei  to  see  wliat 
jurymen  appear,  before  any  j ury naiii  ti 
sworn.  Tbe  prisoner  hath  a  right  to  challtig^ 
thii'ty-five  peremptorily,  (»r  without  aasi^;iiaB^ 
any  cause  at  all  Now,  my  lord,  this  i«  » 
favour,  an  indulgence  granted  to  bim  by  hitr, 
and  he  is  themfore  entitled  to  it  iu  justice.  II 
is  of  great  use  to  the  prisoner,  in  order  to  eojoj 
tbe  true  benefit  of  this  iodulgence  that  the  law 
gives  bim,  that  bf  knows  who  doth  and  who 
doth  not  appear ;  for  this  reason  perbajis^  if 
be  did  know  that  such  an  one  appears  he  will 
take  bim^  and  tf  he  knows  that  such  an  one 
appears  be  will  challenge  him.  And  if  he 
know  that  such  an  one,  who  perhaps  staoda 
low  in  the  pannel,  and  of  whom  he  has  a  good 
opinion  for  being  an  honest  tiian,  will  appear, 
he  will  challenge  as  many  as  be  can  of  ttie 
preceding  |)ersons,  iu  order  to  have  him,  thai 
honest  man,  of  his  jury.  And  as  tn  the  time 
the  reading  of  the  pannel  will  take  us,  (though 
by  the  way  it  might  have  been  over  by  this 
tiTne)  I  am  sure  your  lordship  and  the  Cimrl 
will  not  regard  what  proportion  of  i)m«*  vOO 
f  parp  us,  to  let  the  prisoner  enjoy  the  beiieffl  of 
tlie  law  iu  this  case,  and  to  have  a  full  n)joy. 
ment  of  the  indidgeuce  of  the  act  of  parliament 
in  its  full  latituile,  that  lie  m:ty  know  and  jutjge 
(as  far  as  the  law  liath  euabletl  him,)  u  ho  is  to 
pass  upon  him  as  Iu  his  life  and  death.  I  l»rg 
therefore,  my  lord,  tbiit  the  whole  pannel  may 
be  called  over  once  before  the  prisoner  ia  put 
to  challenge. 

Fntoner,  My  lord,  what  we  humbly  move 
for  is  what  is  every  day  done  at  tbe  Old-Badey, 
that  they  may  be  once  called  over,*  All 
1  desire  is  what  ia  done  there,  and  by  tbe 
same  reason  ought  to  be  done  here  in  the  tmk^ 
case  where  a  man's  hfe  it  concerned.  I 
humbly  move  it  that  they  may  be  called  of  er. 
L.  C.  J.  We  shall  grudge  no  lime  to  do  tbt 
king  and  you  jiutice.  It  is  dangerous  to  nia|c« 
a  precedent,  an  innovation:  But  if  you  deair* 
it,  I  do  not  fiud  tbe  king's  counsel  object  to  Ik 

[Call  over  the  Pannel.] 

\''ou  do  not  expect  all  should  be  brongbl  into 
courts  but  only  to  know  if  they  do  appear  ? 
Mr.  Hun^etford  and  Mr.  Kdetbtv.   No,  ao, 
L.CJ,  Tfie  prisoner  hatha  solicitor;  let 

^  See  Leach's  Hawkins's  Plena  oftbeCrOiTD, 
book  2,  c.  iO,  §  4. 


155]  for  High  Treoiom. 

tttatkody  If*  dnwn  npofi  the  stepi,  the  soli- 

cite  hm  fimeut,  anr|  tlii^ii  liv  will  hear  who  do 

md  wtHi  flo  i>f*l  mfifiear. 

Mr.  Hungrrford,    Wc  humbly  thank  your 

ihi»   is  a  real   imluli^ence,  and  w 

ttl^  ibiuik  your  lurdnlMp  i\»r  it 

.  if  the  Cr.  calls  over  the  whole  paonel.] 

To«  the  nrisoner  at  the  bar,  these  men^ 

Mr.  iiUihey.    If  yaor  lordship   fleaKes  to 
ay  «i  the   suUciior  comes  ta,   because  be 
l^milatf  to  observe  wbodld  appear,  and  who 


A.  D.  1722. 


[134 


MtaMienr, 
L^dteCr 


Henenge  Norton,     Have  you 
i   year  freehold  and  copyhold  in 
of  Essex? 


I  have  no  freehold,^  only  copyhold. 
flea  be  was  set  anide.] 
Mb  \%  ilka*    [Asked  the  same  questioo^ai 

^ntali  tb«  others  who  appearfd,  before  they 

veeoiber  eballeii^'ed  or  aw  urn.] 
^hmmtr.  I  challenge  hiro. 
CLfiUCr.  MatkFroit. 
iViwiier«  I  chatlenge  bim. 
C2L  tflkt  Cr,  Thomas  Clarke* 
Jiissmii.  I  do  not  cfaslleD^  birn. 
Criir.  Tbofnaa  Clarke.     [Sworn*] 
CLtftkeCr.  Heory  Longbotbain, 
FHttmer,  I  say»  i  tbink  his  oaroe  is  wrong 

.  Urn  Oeun  We  are  not  now  upon  exceptions 
iv  asia*s|}dliDg^.  If  his  uame  is  written  as  he 
k  SMiUy  cftlJed,  it  is  ri^ht. 

Fritmer,  He  says  his  oame  is  witb  an  ^, 
ud  il  IS  wrviteo  here  with  an  d.-f 

JL  C  J*  Doth  the  copy  delivered  to  you 
I  with  the  panneJ  f  if  il  doth,  as  long  ae  it 
t  the  sanne  sound  it  will  do* 

Frimnrr,  With  bumble  subniissioo  in  the 
ate  of  Francia  there  it  was  allowed. 

Mr*  Hunger  ford.  My  lord,  it  is  not  the  same 
vsutid,  LoQgbotham  and  I/>n|(l>othom,  and  in 
Pkaiko«*a  ciise  the  differetice  of  a  letter  was 
iiawrii  to  be  a  good  excentiun. 

L,  C,  J-  You  are  by  Ia»v  to  have  a  copy  of 
the  paoQel  delivered  to  you  i  if  that  pannel 
tirica  from  the  other,  it  is  a  just  exception  ; 
laiif  you  object  aofaiost  a  jury-roao  because 
lisiMifie  i«  not  rigbt  spelts  and  that  baib  the 
MBe  protitmciation,  and  be  may  be  called 
Wmn^meM  ooe  mad  iometioaes  anotlier,  it  ti 

iHUcOOIIffll* 

Kr.  Ketelbcy.  My  lord^  as  to  this  objedioii, 
V'Uif^r  the  Longfootbftui  ia  rt^ht,  or  the 
Ii<H^lii»iP^  wbetber  it  is  with  ao  a  or 
ttef 

CLmfUkeCr,  You  mistake,  it  is  Loogbo^ 
iBoi«  «iid  not  Lnn^bothom. 

The  last  should  be  an  o  laalead  of 


IP  m,  fjMiehotbam  f 
LC^ Therefore  i 


!  we  will  ask  the  fj^entle- 
bow   his   name  is  usually   pronounced, 

•  »fc  Lw^b'a  Hawkins's  Fleas  of  the  Crown, 
lioki^e.  43,  §  19. 
i  9m  £«ii'i  Pl<fl«  of  the  CrowD,  cb.  2,  |  50. 


whether  it  is  not  pronounced  sometimes  Long- 
bothoni  as  well  as  Lon^Uothain  ? 

Lon^iothonu  Ye$,  my  li>rd^  it  is* 

Prii,  He  tmyn  be  spclb  bis  name  with  an  O^ 
and  here  it  is  with  an  a, 

Longboihum.  I  always  spell  my  natne  with 
an  o,  but  my  k tiers  are  generally  directed  to 
me  with  au  a* 

Mr  Hungtrford.  He  hath  a  copy  of  \\m 
pannel  debveied  him  by  virtue  of  the  act  of 
narliitineiit ;  if  the  c^»]»y  (>e  not  a  true  copy,  it 
14  nut  right  accordiug  to  the  directioa  of 
the  act. 

L,  C.  X  Right 

Mr.  Uufigerford,  Now  the  pannel  which 
the  pribuner  htiili  is  Kpell  with  mi  a^  and  the 
pannel  of  which  this  is  a  pretended  copy,  is^  I 
take  it,  spelt  with  an  o, 

Ci.  (if  the  Cr,  Nn,  they  arc  both  spelt  alike* 

L,  C.  J.  You  know  ii,  gent)eifieo,asweU  aa 
can  be.  Don't  let  us  spend  time  where  th«re 
is  Aotbing  in  it ;  we  will  bear  what  is  prosier 
fur  our  coustderatioo,— SupiKise  a  man  is  called 
and  writ  someliroes  Longoothom,  and  soiQe^ 
times  Ijougbtrthtin ;  anti  suppose  he  was  cabled 
by  either  of  these  names,  may  he  not  therefore 
be  called  by  one  as  well  as  the  other  ?  Is  that 
an  object! ou  to  say  he  writ  with  au  o,  but 
people  write  to  him  with  an  a  1^  There  is  uo* 
thing  at  all  iu  it* 

Prisoner.  Then  I  challenge  him* 

CL  of  the  Cr.  Isaac  Buxtoo. 

Fritoncr.    I  challeugc  him. 

CI,  of  the  Cr.  Kicbiiid  Scot. 

Frisoner,    I  ch a  1 1 enge  hi m . 

Cl.  of  the  Cr,  Jubn  Wormlaylou. 

Prisoner.   I  challenge  him. 

CL  of  the  Cr,  John  Andrews. 

Friioner,  I  don't  challenge  him* 

At  I.  Gen.  1  challent^e  him  for  ibe  king, 

Cl,  of  the  Cr.  Thomus  Waterbouse,  Htepheil 
Huff,  John  Thorowgood,  Christopbtr  Baily* 
Cbailengcd  by  tlie  prisoner* 

C/^' Me  Cr.  Isaac  Patter.    (Sworn.) 

CL  of  the  Cr.  William  Lord* 

Friioner*  I  challenge  bim» 

CL  rfthe  Cr,  Heeekiab  Hay  nee.     (fSwam.) 

CL  of  the  Cr,  Ttiomas  Hecklordy  jun. 

Prisoner,  I  ehallenge  him, 

CL  rftheCr,  Rtchard  Wajjlett. 

PriMoner.  1  don*t  challenge  him. 

Ati.  Gen,  T  challenge  him  for  tlie  king. 

Mr.  Keteibetf.  Mr.  Attorney  is  pleased  to 
challenge  him  tor  the  king  ;'  we  bumbly  io- 
eist  on  it,  that  Mr.  Attorney  is  to  shew  bii 
cause  of  challenge  immediately,  t  own  it 
has  been  otherwise  in  one  or  two  late  in- 
stance* ;  but  I  submit  it,  if  that  practice  sliould 
prevail,  whether  the  act  of  pari  iu  men!  made 
on  tliat  occasion  would  not  be  in  etlVc-t  thereby 
abrogated,  the  act  is  the  33  Edw.  I,  and  the 
words  of  it  are :  **  If  they  thai  sue  for  the 
king  will  challenge  any* juror,  they  shall 
assign  of  their  challenge  a  catrse  certain,  and 
the  truth  of  the  same  shall  be  iu<|uired  of  ac- 
cording t4>  the  custom  of  the  Court,**  Now, 
my  k»rd,  1  beg  leave  to  obeerve,  upon  thta 


155] 


9  GEORGE  L 


Trial  nfChrutopher  Layer^ 


[136 


■      pwinel  there  are  a  httadretl  and  cwld  persons ;  \  the  king  or  the  prisoner  challenge  liim,  they 
if  Mr.   Attorney  is  not   obligfed  to   shew   his     mav  do  it  before  he  lav  his  hand  op  the  book* 


I 
I 


I 


if  Mr.  Attorney  is  not  obligfed  to  shew  bis 
fjauseoPcbaMeuge,  when  he  challenges  for  the 
kiii^i  till  all  the  pannel  is  je^onc  through,  this 
act  of  (larhament  will  be  of  no  Talidity  what- 
•clever*  If  there  bad  been  but  a  few  returned 
(^It  or  such  a  nunil>er)  then  there  mlg^bt  hav« 
iHsensorne  colour  for  gx)iug^  through  the  panuel 
before  ibcre  was  any  cause  assigned  for  the 
challcofje  ;  but  since  this  modern  practice  has 
obtained  to  make  so  numerous  a  paunel,  if 
tbey  are  not  obliged  to  shew  cauie  till  the 
pnnnel  is  gone  through,  that  law  is  entirely  a 
tie  ad  letter,  and  of  no  siguiticancy. 

X,  C,  /.  You  know  your  objection  is  of  no 
falidiiy ;  you  cite  an  act  of  parliament,  and 
you  know  the  constaot  practice  is  againnt  you. 

Just.  Eyre.  Though  the  counsel  for  the 
king  mustassigo  their  cause  of  challenge,  yet 
they  are  not  obliged  to  do  it  till  the  panuel  ii 
gone  through,  and  the  Jury-men  returned^ 
who  are  not  challenged,  are  all  sworn  :  this  is 
m  rule  laid  down  in  Hale's  Pleas  of  the  Crowo, 
and  has  been  always  the  coostant  practice  in 
cases  of  this  kind. 

Mr.  Hungtrford*  What  your  lordship  di- 
rect^ ia  the  last  case  is  certainly  precedented  ; 
but  I  would  propose  it  as  a  convenience  that 
tlie  Attorney  t*bonld,  as  he  is  every  %*ays  en- 
titled, hare  the  precedence,  and  might  chal* 
leuge  tirst,  and  tnen  we  will  determine  after 
Jiim. 

if  C.  J.  No,  we  must  not  do  that, 

C/.  o/'(AcCr.  John  Lowry.    (Sworn.) 

CL  (rfthc  Cr.  John  How.  Set  aside  for  want 
of  freeliold. 

CL  Qj'ihc  Cr,  Tbomaa  PratL    (Sworn.) 

CL  of  the  Cr.  Richard  Rogers* 

Prisoner.  1  dtvn*t  challenge  him. 

AU>  Gen.  J  challenge  him  for  the  king, 

a.  of  the  Cr.  Edward  Pleraon,  Thomia 
Bland,  William  Spiiltimber,  Ale.xander  Weller, 
Thomas  lland^  John  English,  Joseph  Unwin, 
Ceorge  Fry©,     Challenged  by  the  prisoner. 

CL  if  the  Cr.  Weston  Stileman, 

PrU&Htr,  1  don*t  challenge  him. 

Alt.  Gen.  I  challenge  him  for  the  king. 

CL  of  the  Cr.  John  Crush, 

PriiOfter,  I  donH  challenge  liim« 

Ait.  Gen.  1  challenge  him  for  the  king. 

CLoftheCr.  Thumas  Howlett. 

Prisoner.  I  challenge  him. 

Serj.  Pengelty.  I  douH  know  this  meiliod  of 
woceeding:  if\he  prisoner  makes  anychal- 
lenge,  it  must  be  before  he  comes  to  the  book 
io  be  sworn  *,  but  when  he  comes  to  lay  his 
hand  utiou  the  book,  be  is  too  late  to  chal- 
lenge I  lien, 

Prutoner.  Whenever  I  make  a  full  stop  and 
doD*t  say  I  challenge,  you  do. 

Att.  Gen.  My  lord,  the  prisoner  is  to  declare 
whether  he  challenges  or  not ;  afterwards  the 
kiiig*s  counsel  are  to  declare  whether  they 
chiilleop^e  for  the  king,  and  the  juryman  is  not 
to  put  his  hand  on  the  book  till  then. 

X.  C.  J.  He  ought  uot  to  put  his  hand  on 
Ibe  boiik  till  be  is  allowtd  a  jur^  ibed  ;  that  if 


may  do  it  before  he  lay  his  hand  on  the  boolu 
CL  qfthe  Cr.  Joseph  Capon* 
Prisoner.  I  don^t  challenge  him. 
Alt*  Gen.  I  challenge  him  for  the  king. 
Wr.    Hunger  ford.    More   have   been  chal- 
lenged for  the  king,  than  hath  been  known  i 
any  public  trial  in  my  remembrance. 

Ait.  Gen.  1  am  surprized  at  this  observt 
tion,  when  the  king  has  an  undoubted  right  i 
challenging  whom  he  pleases,  v^ithout  shawL 
cause  till  the  panuel  is  gone  through. 
L.  C.  J*   It  is  always  done. 
CL  of  the  Cr.  John  Clarke. 
Prisoner.  I  challenge  him. 
CL  tfthe  Cr,  William  Chandler, 
for  want  of  freehold. 

CL  of  the  Cr.  William  Burrows. 
Prisoner.  I  challenge  him. 
CL  of  the  Cr*  Francis  Aylelt,  sen. 
CL  of  the  Cr*  George  Bailey.  Johnl 
Thomas  Ruggle.    Challenged  by  the  pr 
(The  prisoner  spoke  to  the  juryman.) 

SqL  Gen*  My  lord,  it  hath  Wen  intimatedl 
the  prisoner  once  already,  that  he  ougbl 
propose  his  questions  to  the  Court. 

X.  C.  J.  You  are  to  ask  no  cjueslions  you 
self,  if  you  will  tell  us  the  question,  we  ' 
propose  it. 

Prisoner,  Only  lo  know  how  he  spelb 
name. 

C/.  of  the  Cr.  William  May,  Abraham 
Challenged  by  the  prisoner. 

Mr,  llangerjord.  My  lord,  it  will  be  of « 
little  use  to  know  for  certainty  how  many  I 
hath  challenged  \  they  differ  here  in  the  coa 
putalion. 

CLofiheCr,  He  hath  challenged  28 
remptorily, 
CLofthe  Cr.  Nathaniel  Wessley. 
Prtwner.  I  don't  challenge  him. 
Att.  Gen.  1  challeDge  him  for  the  king. 
CL  of  the  Cr,   Benjamin  Rutland. 
Prisoner.    My   lord,    I  desire    he  may  hm 
asked  uhelher  he  doth  not  farm  somethbg 
under  the  king,  or  on  the  forests 

L.  C.  J.  U  it  was  of  any  service  to  j^ou  it 
should  be  done ;  but  if  it  is  so^  ii  m  no  ob- 
jection. 

Mr.  Kctelbet/.  The  objection  was  once  made 
in  the  case  of  sir  William  Perkins.  It  was  re* 
commended  to  tlie  kin^E^s  counaeK 

X.  G.  J.  I  deny  it.  It  was  not  recomniended 
to  the  king^s  counstj],  but  the  king's  counsel 
did  not  insist  upon  it. 

Just.  Fartescue  Aland.  The  Court  in  thai 
case  gave  their  opinion,  that  to  be  a  servant  to 
the  kmg  is  no  good  cause  of  challeugc,  and 
my  lord  chief  justice  Holt  and  Trehy  werw 
present,  and  Mr.  Attorney- General  did  not  in* 
sist  on  the  juryman  so  cliallenged,  but  wavea 
the  matter  without  any  recommendation  of 
the  Court, 

Mr,  Kctelbet/.  I  know  no  other  ways,  than 
if  Mr.  Auoniey  will  do  it,  as  it  was  done  in 
that  case. 
Mt*  Ofii«  1  know  nothing  of  tba  fact. 


for  High  Treason. 

X,  C  X  Wlmt  do  you  do,  do  you  cliatJeo^ 
hm  or  mo  f-^FHumtr,  I  ctialleoge  him. 

CL  4>ftke  Cr.  Afeacaoder  Marshall,  Thomas 
Mkr.     CKftlleoffed  by  the  prisoner. 
CL  mf  the  Cr.  John  Blitli<^ande. 
^  Mr.  Hmm^trf<yrd,  My  lord,  he  is  searching 
*  '  m  p«|iir  »  he  challetiij^es  him  for  cause. 

My  lord,  what  I  have  to  offer,  is, 

Mr*  Milhgraude  hath  been  heard  to 

be  came  here,  that  I  ought  to  be 

D«t  J  apprehend  that  is  good  cause 

png  him^  if  1  make  it  out, 

David  Martin  called. 

Yon  thaJl  true  answer  make^  Sec* 
Hnn^trford.  Do  you  know  Mr.  Milti- 
r^ — Afcrttn,  Yes. 

Uuagerfi>rd,  >Vhat  hate  you  heard  him 
\  oocicerning  the  prisoner  at  the  bar  ? 
Hvtn.   1  beard  him  io  conversation  say, 
tell  bf^ped   he  should   be  banned,  for  he 
kieurf  be  was  g'uilty. 

ifr*  H^tngtrford.     Tbi«  objection    sure   is 
tj|^    f  Mr.  fttdtifrande  was  not  sworn.] 
ay  i&c  Cr,  Robert  Walker. 
ffiimtr*   I  challenge  him. 
CLjafike  Cr.  William  Nicholson.  (Sworn.) 
*  *  Bly  lord,  1  have  very  near  all  my 

I  tbiok  they  may  go  on  as  they  are 
Mr.  Attorney  will  challenge  uo  more. 
Ait*  Gen,  You  may  go  on  your  own  way, 
1  fWI  ifialte  oo  barga  ms  wit  h  y  o  u . 

Mr.  Kttftity,  We  do  not  offer  any  bargain, 
b«l  osW  an  eiuedient  to  save  the  time  of  ihe 

Id.  ^lAe  Cr.  Nicholas  Freeman. 
J*ri$oner.  1  challenge  him. 
CLvfihtCr,  Christopher  Hill.     (Sworn.) 
Cr.  €f  the  Cr.  Stephen  Wood. 
Prmntr,     I    thiok   I   hafe  done    ftU    my 
cMlaifM 
CL  if  l4<  Cr,  You  ha?e  two  more. 
Prmmer,  Let  them  lake  them  then  as  they 
r 


Att*  Gen,  1  challenge  him  for  the  king, 
O.  of  (h€  Cr.  RichanI  Bridge. 
^rimn^r,  1  cballeoge  him. 

Si  set  ftjiide  by  consent,  by 

CL  oftL  Cr.  Robert  Barnartl    (Sworn.) 

CAW'fArCr.  Leonard  Beti net. 

himmtr,  I  do  not  challenge  him. 

Aii  Gtn,  1  cbdlenge  him  tor  Ibe  king. 

GifflAeCr.  WitliamSandford. 

fhiuner.  My  lord,  1  have  the  same  objection 
Ute  fjcfitlemau  as  to  rhe  other;  he  hath  de- 
lipid  hb  opinion  t»efore-hanil^  and  that  he  must 
mkit  a  ftacrttice  of  me, 

L,  C.  X  Coll  your  witness* 

Mr.  Martin  sworn, 

*^     "^uthty.    Mr,  Martin,  do  you  know 
^iinduird  of  Rumford  ? 

^i  Hare  you  had  any|iliscotirse 

witli  M..I*  ^.nM.i  the  prisiiner  at  the  bar? 
M&nm.  He  iaid»  before  he  was  summoned 


A.  D.  Vm. 

on  the  jury,  that  if  be  was  one  of  the  jury  he 
would  \w;  for  hanging  of  him.    (Set  a^iide.) 

Ci,  of  the  Cr,  Thomas  Waters. 

Prisoner,  Sir,  I  apprehend  I  have  challengt 
thirty-tire. 

CL  of' the  Cr.  Y'ou  have  one  more. 

Prisoner,  I  will  challciige  no  more,  let  them* 
go  on. 

CL  of  the  Cr,  Tbomis  Waters,  Richard 
Gray*    (Sworn.) 

William  Whealley. 

Mr.  Hungerford,  I  hope  that  what  I  am 
going  to  offer  is  proper.  There  is  some  little 
doubt  how  fu  he  is  gone  in  his  challengea,  it  ia 
said  he  hath  one  more,  if  the  Court  would  in* 
dulge  1)5  so  far  as  to  let  the  persons  challenged 
be  called  over. 

CL  of  the  Cr.  It  is  impossible  that  we  should 
mistake. 

Mr.  Nuttier  ford.  You  say  he  bath  one  more? 

CLoftheCr,  Yes. 

CL  of  the  Cr,  William  Wheatly,    (Swora.J 

Then  the  twelve  Jurors  who  were  swoni 
were  couuteil,  aud  their  names  were  as  follow^ 
viz. 

Thomas  Clarke,  Wm.  Nicholson,  esq. 

Isaac  Potter,  Christopher  Hill, 

Hezekiah  Haynes,  Robert  Fiaruard, 

John  Lowry,  Thouias  Waters, 

Thomas  Pratt,  Richard  Gray, 

Francis  Ay  I  ett,  William  WheatJy. 

a,  rf  the  Cr,  Cryer,  make  proclamation. 

Cri/er,  O  Yes  I    If  any  one  can  inform,  &c. 

CLqftheCr,  Christopher  Layer,  holdup 
your  hand.  Gentlemen  of  the  Jury,  look  U|»oq 
the  prisoner,  and  hearken  to  bis  cause. 

He  stands  indicied  by  the  nanje  of  Chria- 
topher  Layer,  late  of  the  parish  ol  8t.  Andrew*! 
Holhonn  ui  the  county  of  IVliddlt^eic,  esij.  for 

that  hr»  Sec, -Upuo  this  indittmeiit  he  h:ith 

been  lately  arraigned,  und  titereunto  hath 
pleaded  Not  Guilty,  aud  for  bin  trial  htttfi  put 
litmHetf  upon  God  aud  the  cuuntry,  i«hLch 
country  you  are.  Your  charge  is  lu  t^mjuire 
whether  he  be  guilty  c4  thjH  high  treason,  ia 
maoner  and  form  an  he  ^aiids  indicted,  nr  not 
guilty.  If  you  find  htm  purity  vuu  »hidl 
enquire  uhat  gotnts  or  chatl^K,  lamU  nr  lene- 
ments  he  had,  ai  the  time  uf  ihe  niiid  hii^h* 
treiison  committed,  or  at  an\  time  nuice.  If 
you  iiEid  him  not  guilty,  you  shall  ^riquire  whe- 
ther he  tied  lor  it.  If  yon  And  thu(  lit^  did  t)y 
for  it,  you  shall  enquire  of  his  giwKls  and 
chatteh,  as  if  you  hud  found  him  gitilty.  If 
you  find  him  not  guilty,  ainl  that  he  did  notdj 
for  it,  say  so,  and  no  mure,  and  hear  your  ert- 
denee. 

Mr.  Wearg.  May  it  please  your  lordship, 
and  yoii  geoilemei*  of  ihe  jury,  this  is  an  in» 
dii-tmeut  agaiusi  the  prisooer  tor  I ii[^ti* treason. 
The  itiilictmeut  sets  forth,  that  he  being  a  stib- 
jert  of  his  present  maji^sty  king  George,  but 
not  having  the  fear  of  God  in  his  heart,  nor  coo* 
sidering  ihe  duty  of  hi»i  allegiance,  as  a  fiilse 
traitor  agaiust  his  supreme,  tine,  lawful,  and 
undoubted  lord,  co&lh^ib^  vcuWi^  V\^  ^Vgq^mX 


M 


of  his  power  inteodiug  io  dian|^«,  alter  ind 
SYibveit  llie  governtueat  of  ibis  kiugdom,  law- 
fully  at^fl  happily  established  under  his 
pn^eiit  iniijefity,  and  ta  depose  and  deprife 
Dki  said  iimje&ty  of  his  title,  honour,  royal 
estate  atid  Kfoveroineut  of  Ihit  kingdom  ;  and 
tp  advaoce  Io  ihe  crown  and  govern  ment  of  this 
realm,  the  person  in  the  life  of  the  late  king 
James  «,  pretended  to  be  prince  of  ^Vales, 
and  after  the  decease  of  the  said  king  James 
pretending  to  be,  and  taking*  upon  himself  the 
atiie  and  titlt;  of  kin^;  of  Mn^laud^  by  the  uarue 
of  Jam^  3,  did  upon  the  '25th  da)r  of  August 
in  the  ninth  year  of  his  present  mnjesty  ^8  rcjt^n, 
lynd  at  several  other  days  and  titrtes,  at  Laytoo- 
fitone^  in  the  county  of  Essex,  falsely,  nialici^ 
0U^ly,  and  traitorously^  compass,  imagine*  and 
mlend  to  de|)oi(e  our  said  sovereign  lord  king 
George,  from  his  litle,  regal  state  and  govern - 
ment,  sud  the  aoid  king  to  kill  and  bring  to 
utter  destrurtion. 

The  Indictment  further  sets  forth,  That  be 
the  said  Christopher  Layer,  to  perfect  and 
bring  to  effect  his  treason  and  traitorous  pur- 
poses, on  the  said  lj5th  day  of  August,  and  at 
aeveral  other  days  and  times,  at  Layton-8tone 
aforesaid,  together  with  di%ers  other  false 
traitors,  to  the  jury  unknown,  did  falsely, 
iDaliciously,  and  traitorously  meet,  consult, 
conspire  nnd  agree,  to  move  and  stir  up  an  in* 
■urrectionand  rehellion  inthiis  kingdom,  against 
our  ssid  sovereign  lord  the  king. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and  com- 
plete his  treason  and  traitoi'ous  purposes,  on  the 
siaid  25th  of  August,  at  Lay  ton  8tone  aforesaid, 
with  force  and  arms,  did  falsely,  maliciously, 
and  traitorously  publish  a  certain  mshcrous, 
teditiot^is,  and  traitorous  writing,  containing  in 
iLstlf,  aud  purporting  to  be,  an  exhortation  and 
promise  of  rewards  to  the  subjects  of  his  said 
majesty,  to  persuade  and  ciccite  them  to  take 
up  arms  and  levy  war  against  our  said  sovereign 
kinji:  Cie«>rge. 

The  Indictment  further  sets  forth,  That  the 
aaid  Christopher  Layer,  together  with  other 
false  traitors  to  the  jury  unknown,  to  complete 
and  bring  to  eflect  his  traitorous  purposes,  on 
the  kaid  '25lh  day  of  Auguit,  at  LBiyton-Stone 
aforesaid,  with  force  and  arms,  did  falsely,  ma- 
liciously,  and  traitorously  meet,  consult,  con- 
spire and  agree,  to  exsilt  to  the  ciovvo  and  royal 
dijgnity  of  this  realm  the  person  in  the  life  of 
the  late  king  James  2nd,  pretended  lo  be  prince 
of  Wales,  by  means  of  an  armed  force  and 
troops  of  soldiers,  fur  that  purpose  to  he  raised 
atui  levied^ 

The  Indictment  further  sets  forth,  That  the 
said  Christoplier  Layer,  to  perfect  his  said  irea* 
son,  on  the  said  ^6th  day  of  August,  at  Lay  too- 
Stone  aforesaid,  maliciously  and  triilorously 
did  raise,  levy  and  retain  several  men,  to  the 
jury  unknown,  to  lake  up  arms  and  levy  war 
within  this  kingdoiu,  against  our  said  sovereiga 
lord  the  king* 

That  the  said  Chriatopher  Layer,  to  perfect 
Ut  treaaotiaUie  purpowa,  od  iIm  aaid  36th  day 


Trial  of  Ckrittopher  La^CTf 


[440 


of  August  at  Lsyton-StoDC  aforesaid,  together 
vi'ifli  divers  other  false  traitors,  to  the  jury  ua- 
known,  did  falsely,  maliciously  and  traitgrouajy 
meet,  conspire  and  agree,  to  take,  seize,  impri- 
son and  detain  in  custody  the  sacred  person  of 
our  said  sovereign  lord  the  king,  against  the 
duty  of  his  allegiance,  against  the  p^ce  of  the 
king,  his  crown  and  dignity,  and  against  Iha 
forra  of  the  statute  in  that  case  made  and  pro- 
videiK  To  thi»  indictment  the  prisoner  bath 
pleaded,  Mot  Guilty. 

Serj,  PengtUif.^  May  it  please  your  lo 
ship,  and  you  ^ntlemen  of  tlie  jury*;  tbepd 
soner  at  the  bsr,  Mr.  Layer,  comes  now  lo  * 
tried  before  you,  for  a  wicked  and  de 
conspiracy  a^^inst  the  person  of  his  inajaftj_ 
and  u  gainst  hts  gov  eminent ;  and  this  in  favour 
of  an  uttamtcd  ond  abjured  Pretender  j  a  Pre- 
tender M'hom  the  prisoner  Itimself  has  abjured 
in  words,  and  ought  to  have  renounced  iq  hta 
heart. 

The  indictment  contains  a  charge  of  hic^b 
treason  against  the  prisoner  at  the  bar,  for 
compasNing  and  intending  the  deposing  iha 
kin^,  and  also  his  denth  and  destruction. 

The  particiibr  facts  laid  to  prove  this  tral* 
torous  imagination  and  intent,  and  which 
prisoner  put  in  execuiiun,  in  order  to  bring  I 
effect  his  trt^asouahle  purposes,  are  tive, 

Tiie  tirsl  is  ;    thitt  the  prisoner,  with  olh 
traitors,  did  consult,  conspire  and  agree  to  i 
a  general  insurrection  and  rebellion  in  this  na* 
tion  against  his  majesty. 

The  next ;  that  he  did  publish  a  seditio 
and  tressonabte  declaration,  containhig  inc' 
ments,  and  promises  of  reward,  whereby  to  a 
cite  and  stir  up  his  majesty^s  subjects  to  la 
up  arms,  and  to  levy  war  against  his  maje 
within  this  realm. 

And  f-irther;  that  he,  with  other  traitor 
conspired,  cousiutted  and  agreed  by  an  armed 
force,  lo  ei£ah,  and  bring  the  Pretender  to  hia 
majtiiiy's  crown,  to  the  throne  of  these  king- 
doms, and  put  him  into  the  possession  ^f  !&• 
government  thereof. 

That  he  hath  provided,  levied,  and  retained 
severul  pensons  to  take  up  arms,  and  \m  levy 
war  against  his  mnjesty  within  this  kiiigdocB| 
for  the  executing  these  traitorous  purpoaea. 

The  last  overt  act  alleged,  and  to  finish  ihii 
conspiracy,  is,  that  he,  with  the  other  traitors, 
consuUed,  conspired  and  agreed  to  seize  upou, 
and  to  imprison  the  sacrea  person  of  hhi  ma' 
jesty. 

Gentlemen,  it  ts  unne^^euary,  when  thete 
facts  are  opened  to  you,  to  acquaint  yoo,  thai 
an  attempt  of  this  nature,  if  it  had  auoceede«|, 
would  have  been  the  subversion  of  the  preseot 
happy  establish  men  t,  aud  the  Protestant  suc^ 
cession,  so  otleu  cotitirmed  by  the  consent  of 
Ihe  whole  nation,  and  the  only  security  of  your 
religious  and  civil  rights  anil  liberties ;  they 
would  all  have  been  exposed  to  the  arbitrary 

^  8aiif  to  b«  Datura)  loa  to  A,  CromwaU. 
See  Nobl«. 


p«««r  of  «  P6p!sb  f«eiion»  uoder  llm  tyraknn  j 
ofii»«FreA0iitl«r. 

Gmilttiicn,  hariiii^  said  this  to  sUew  the  nn* 
Iveif  tite  odfcDce;  we  (who  m^  counsel  tar 
liifl^eftlT)  fball  priK^eeil  to  lay  lielore  youlbe 
■irlkttUr  tiuknoe  itgtiiust  llie  |>rii$oQer  allhe 
lar:  f»i4tlemrij,  we  have  l»een  bo  fortunate  at 
tidjiwier,  snti  shnll  |irodiice  beture  you,  the 
f«f}  plifi  ilself  upon  ubich  these  conspiratort 
"  dt  »nd  Hhicb  was  to  be  put  in  execu* 


A.  D.  17«. 


[14f 


t  ib»ll  pr4)()uce  the  plan  under  tl)e  pri- 
I  band-writtnf^,  and  $Ucw  hiti  acting 
ret  to  that  plan,  and  in  the  €xecii- 
ihis  plan  i*  a  complete  srhcrnt*  of 
it«  ftisiurrectiou,  ifUiat  may  be  called 
!  wbicli  tends  to  utter  destruction  ;  lor 
rarf»r«]  parts  therein  contained  tiad  been 
it  would  bare  been  a  total  oveiium- 
[  government  and  consiiiuiioo. 
\  yc4i  may  obserre  a  regularity  going 
/t  tlt«  w  bole  acheroe. 
Tic  pUce  f>r  action^  and  the  scene  whera 
Hncttuspincy  was  first  to  be  put  in  executiou, 
Via  n  tilt;  city  of  Loudon,  anil  though  in  the 
fligi  imclf  I  he  d»y  is  not  mentioned,  yet  we 
iImU  ahew  to  yun^  by  the  prisoner^H  own 
initrmtwa  *ad  disicovery,  the  time  when  it 
m  !•  be  executtnl ;  it  was  at  the  breaking 
«p  ut  the  camp  of  his  majesty '«  fbrcei  iti  Hyde 

GtfVtl^nieti,  the  plan  contains  a  disposilloti  nl 
mcfsl  oliifer«,  who  were  appointed  to  their 
fMrtirolar  itations,  and  »ere  to  be  suppheil 
Vttii  itofii  drained  to  be  procured  for  the  cjte 
i«f  tfiispUn;  and,  as  the  conspirators 
[  tu  ilebiiiich  tuirt  of  the  army,  these  i»ffi> 
to  be  diHposetl  at  several  places,  to 
vrlbe  private  men,  who,  to  the  number  of 
at  1K>0  (towards  the  evening  of  the  day 
ii|«oii  for  execution^  were  to  go  singly 
ta  «if  tlie  Cttmp,  wilhf»nt  their  arms,  that  they 
■melit  Ri4»fe  eauily  p»i»$  witltout  ohservaiiou, 
Md  we««  to  be  cofkcttd  together  at  a  place  of 
Madcjifocta  appointed  tbem. 

Grsdemrn,  \i\^\\\  the  management  of  the 
rantpifry,  and  the  method  ibey  had  taken  to 
KfryitiitttAti*'  the  bope«  they  had  entertained, 
4i QtQspMlora  concluded,  they  should  have 
te  nWMIsr  nf  SOO  men  ready  in  one  body,  to 
liciinioasdetl  by  pro|»Fr  officers^  to  make  the 
Im  attefnpt,  and  the  hrst  stand* 

IiiIms  place  of  rendezvdut  tltey  were  to  be 
imCetl  witb  tDuaketi  ready  loaded,  and  to  re* 
iaiitl»eir  arms,  which  were  to  be  distributed 
tolifai  It  tittle  before  the  hour  of  nine;  at 
ailkii  b^ar  exactly*  they  were  to  m&rcb  di- 
iMlj  to  lite  Tower  of  l^todon,  (as  the  plan 
papoaea*  and  as  the  prisoner  agreed  and  de- 
f^K^)  w  bere  tbey  might  ex|ie<:t  to  be  admittei], 
ki  die  help  and  aasistancc  of  their  friend,  the 
tfcctf  ttfofi  the  guard  ;  and  as  aoon  a.^  they 
bii  CBit«rrd,  tbey  were  to  shut  op  the  Tower- 
fttaa,  and  seize  the  arms, 

Hitir  ^oeral  waa  to  make  bts  statid  in  par- 
^m  at  the  Itoyal  Exchange ;  at  tbe  snoe  time, 
Ilia^avclBd  by  the  plan,  aod  was  consiHted 


upon,  and  agreed  by  the  prisoner  himself,  tbey 
were  to  attempt  to  arreat  the  persona  of  several 
great  men  ;  and  although  the  plan  doth  nni 
name  the  pen»oDS,  yet  the  prisoner  hatb  ex- 
plaioed  it  fully,  and  from  bia  ovvn  mouth  w« 
shall  prove,  who  the  particular  persons  are^ 
thus  intended  to  be  seized, 

A  declaration  was  to  be  dispersed  to  exeito 
people  to  come  in  to  the  rebels  ;  the  gates  of 
the  city  of  London  were  to  be  shut  up,  and 
cannon  brought  down  against  them  :  they  were 
then  lo  set  a  guard  over  the  Bank  \  but  in  the 
ftn»t  place,  they  were  to  take  out  money  »u<H- 
eient  to  pay  their  men,  such  as  they  hoped 
would  appear  in  their  intt  reist :  their  several 
other  parties  were  to  secure  the  artillery  in  the 
camp,  the  guns  in  the  Privy  Garden,  the  can- 
non and  ommunition  near  the  Horse  Guards  ip 
St.  James's  Fark. 

These  were  the  first  operations ;  hut  to  fi- 
nish this  villftinims  aod  execrable  design,  at 
the  time  the  Tower  was  sdzcd,  and  the  city  in 
arms,  they  were  to  send  a  detachment  to  seiza 
the  person  of  his  majesty  ;  and  this  ibey  ex- 
pressed in  their  plan  to  l>e,  for  the  securing  hit 
person  from  the  mob>  But  our  king  was  to  bt 
delivered  to  iheir  general  at  the  Tower,  and  to 
be  put  under  his  custody.  71ius  the  life  of  bia 
majesty  was  to  be  in  their  power* 

After  this,  there  are  several  other  disposition 
of  officers,  and  other  persons,  in  order  to  excite 
and  carry  on  the  rebel Uun  :  some  were  to  ap- 
pear in  Tothill  fields,  some  in  Southwark,  who 
w«?re  to  give  arms  lo  the  Minters ;  some  at 
Greenwich  to  engage  the  watermen,  and  seize 
the  magd2tne  and  powder  there,  and  others  at 
other  pfaci^s. 

Gentlemen,  you  will  find  in  this  plan  a  pre- 
paration to  make  an  entiri:'  coni^uest  of  the  ci- 
ties of  London  and  Wcstminsler ;  upon  which 
the  conspirators  hoped  the  rest  of  tht  kingdom 
H  ouM  declare  lor  the  Pretender  :  au^  there  it 
one  particular  provision  in  the  plan,  ihatastliey 
proceeded  here,  and  found  success,  the  general 
should  immediately  dispatch  messengers  into 
the  several  counties  of  England,  to  gire  intelli- 
gence of  their  progress,  and  to  persuade  those, 
who  they  looked  upon  to  be  in  tUeir  interest,  to 
declare  lor  the  Pretender,  and  to  rise  in  their 
resjieciive  counties  with  their  adherents. 

This  is  the  plan  upon  which  tlie  conspiracy 
is  carried  on ;  and  as  we  shall  produce  this 
plan,  which  the  prisoner  hath  supplied  himself 
with,  and  written  with  his  own  hand,  we  b^ 
leave  to  insist  upon  that,  as  strong  evidenos 
against  the  prisoner,  upon  the  overt  acta  al* 
leged  in  the  indictment,  of  his  consulting  and 
conspiring  to  raise  a  rebellion  aod  insurrection 
in  the  nation^  and  to  seize  the  kiug^H  person* 

Gentlemen,  upon  this  plan,  which  the  prise* 
uer  at  the  bar  bad  thus  furnished  himself  witb| 
you  will  iind,  on  the  examination  of  our  wit- 
nesses, I  hat  he  constantly  acted  ;  he  declared 
for,  and  promoted  the  execution  of  the  princi- 
pal parts  of  it. 

Sentleuien,  the  witnesses  we  shall  call  who 
were  engaged  with  the  prisauec  «.i  Kb^W,  Vt^ 


n 


^ 


14S]  0  GEORGE  L 

till  (lesi^,  are  Stf  pben  Lynch  and  Blattliew 
lunkett ;  (which  tast  had  been  a  serjeant  id 
lie  army)  with  wrbom  the  prisoner  consulted, 
Dd  whom  he  en^n^fed  in  this  desperate  at- 
tempt ;  and  we  shall  call  some  other  witnesses 
to  eon  firm  several  circumstances  iu  their  evi- 
dence* 

Mp,  Lynch  is  a  person  the  prisoner  might 
have  reasonable  hopes  of  engaging  in  this  ser- 
Tice:    he  hfid  been  ionnerly  acqiiniiiled  wiiU 

F  i»ne  Dr,  Murphey,  who  (1  am  instructed)  was 
"  I  the  rebellion  that  broke  ont  in  the  bepuning 
Df  his  majesty *s  reign  :  Mr.  Lynch  bavintj 
been  ahread,  and  absent  for  some  time*  relumed 
into  Euirland  in  April  last:    upon  bis  return, 

I^Dr  Murpheyi  bis  old  aoquainlancef  meets  with 
liim,  bids  him  welcome  to  England^  and  teHs 
bim  that  an  afl'air  was  going*  on  by  which  be 

f  mig^bt  make  his  fortune,  and  advises  bim  not 
' »  gi>  out  of  Cni^land :  that  there  was  an  inten< 
on  to  rise  iu  favour  of  the  Pretender,  whoq^ 
:  called  his  king',  and  he  would  Uke  care  to 
commend  Mr.  Lynch  to  a  person  w  bo  bad  a 
great  part  in  tliat  afFair, 

Mr  Lynch  having  suffered  before,  and  run 
A  great  hazard,  was  un^  illing  imtuedtately  to 
enter  into  any  engagement,  but  proposed,  that 
if  be  could  have  sufficient  encouragement,  and 
what  he  expecte<l  as  a  reward,  he  should  be 
rilling  to  stay.  Some  time  after  Dr.  Murphey 
btroduces  Lynch  to  the  prisoner  at  the  bar: 

^^he  first  time  they  met,  I  think  it  was  the  be- 
ginning of  June  last,  they  went  tu  the  prisoner's 
lodgiug^s,  which  were  (hen  at  the  upper  eud  of 
ChaQcery>lane*  and  he  being  about  to  remove 
his  g^oods,  desired  them  to  go  to  a  tavero,  hard 
by,  the  Griffin  tavern  in  Molborn.  To  this 
place  the  prisoner  at  tbe  bar  came,  where  Dr. 
Murphey  presented  Lynch  to  51  r.  Layer,  as  the 
gentleman  Dr.  Murphey  had  before  recom- 
mended to  him  ;  Mr.  Lqyer  received  Mr.  Lynch 
at  that  time  with  great  civility,  and  tells  him, 
that  the  recommendation  he  bad  received  of 
Lynch  from  Dr.  Murphey,  made  him  not  to 
doubt  of  his  integrity  and  ability,  Tiien  they 
entered  upon  a  consullalion  as  to  tbe  carrying 
on  of  this  design ;  Mr.  Ijayer  intruduced  it  with 
representing^  un  uneasiness  iu  the  nation  in  ge- 
neral, and  how  fair  an  opporiuuiiy  there  was  to 
bring  atiout  a  revolution  :  But  Mr.  Layer  telU 
bim,  that  ou«  of  the  first  and  principal  steps 
was  to  seize  upon  a  general,  or  other  great 
nan  (which  you  will  obierve  is  one  part  of  Ibe 
scheme)  and  upon  Dr.  Murphey'srccommea- 
datioii  of  htm  as  a  fit  man  tor  that  service,  Layer 
proposes  to  Lynch  to  undertake  it.  At  this 
time  Lynch  acquainted  Layer  with  tbe  difti- 
cultitfs  be  bad  been  in,  and  that  an  affair  of  this 
nature  would  take  up  some  time  before  it  could 
hi  put  in  execution,  and  he  could  not  well  eu- 

»|[a^  in  it  without  some  further  encouragement, 

*Bna  a  reward  in  money*  in  (uiJer  that  be  might 
live  easy  and  well  while  he  Riaid  tufre.  Upon 
that,  the  prisoner  at  ttie  bar  nromiscd  bim  sup* 
plies  of  money  fur  his  kubsii-itenoe  ukI  ei- 
penoes,  what  should  be  ne«e:£sary,  besiitts  fu- 
tttrartwardsf  and  in  parsuaaoe  Qf  that  pro* 


Trial  of  Chriito^her  La^er, 


[144 


mise,  Layer  hnlb  aeveral  times  ^ 
Lynch  with  money.  In  engage  bim  iv; 
fectually  in  this  di-sign,  and  to  snpjwni 
it.  ,  By  these  assurances  Lynch  was  \*\ 
upon,  and  then  agreed  to  enter  into  tl 
spiraey,  and  to  take  upon  bim  tbe  pait  l 
that  should  lie  siguitied  If)  liim. 

Gentlemen,  the  prisoner  did  not  theo 
a  full  discovery  of  the  person  that  was  U^  be 
seizeii ;    but  they  were  to  meet  aguin,  ms  tiiet 
did,  about  the  latter  end  of  June,  at   thr 
tavern :    There  the  prisoner  discloseil 
witness  the  particular  person  who  was*le    ^  .    i 
til  be  first  sseizetl.      He  acquaints  the  m  ui     ;, 
that  the  person  be  (the  prisoner)  tn'^.'-"      '  .:: 
their  fur  me  r  meeting,  and  whom  1 
the  wimess  should  seize,  is  the  get 
army,  tbe  i!arl   Cadogan  ;    and  I 
fintl  out  such  other  persons  as  hv 
U|x»o,  for  the  assisting  in,  and  elfecUng  tlwl 
terprize;    wbereunto  Lynch  agreed.      Lai 
then  acquainted  bim  what  steps  wert5  al 
made  in  the  conspiracy,  and  that  ihcy  were* 
be  beaded  and  commanded  by  a  general, 
had  wit,  and  courage  aud  resolution,  and  who 
were  supported  by  a  great  many  friends,  wb» 
had  lull  power  aud  authority  from  the  l*re> 
tender  (whom  he  called  king)  to  act,  and  who 
was  inti  ufited  with  a  commission  as  his  general^ 
and  whose  orders  Lynch  was  to  obey. 

The  prisoner  and  Lynch  bad  several  other 
meetings,  some  at  the  Griffin  tavern,  and  ''<  '>'^^- 
at  the  prisoner's  own  house  in  Old  Soatha 
buildings,  where  the  prisoner  ulwny 
couraged  Lynch  to  persist  in  tbe  undertaking^ 
by  assuring  bim  that  al)  things  went  on  well, 
and  that  the  design  was  so  well  laid, 
could  not  probaldy  miscarry :  That  ihey  - 
be  assisted  by  a  great  many  officers,  as  soi^n  m 
any  motion  was  made,  and  ihat  the  commoii 
soidiers  would  declare  upon  ihc  first  opportu- 
nity :  and  being  asked  by  Lynch,  whether 
they  had  no  foreign  assistance  lo  depend  on  ? 
The  prisoner  answered,  when  we  h^m  tbe 
business,  we  shall  not  want  relief,  if  requisite. 
At  one  of  these  meeiiiigs  the  prisoner  reveaM 
to  tbe  witness,  that,  upon  llie  rising,  the  Tower 
would  be  delivered  up  lo  them,  by  means  of  aa 
of  beer  who  ivas  to  he  upon  the  guard  tht*i'e  no 
the  day  of  execution  ;  and  thai  the  peojde  to 
the  Mint  in  8outliwark  would  come  in  to  ibem  i 
who,  and  all  others  that  shoulil  repair  to  ibeir 
party,  should  have  arms  delivered  to  them; 
And  that  the  whole  design  should  be  put  in  exe« 
ciiiion  at  the  breaking  up  of  the  camp,  which 
wouFd  be  the  most  proper  time  for  the  ^peak* 
tug  wiiu  the  soldiers  in  ihe  army. 

J  Jut  at  a  meeting  they  had,  some  time  in 
Augm«t,  attlie  Queen's  head  tavern  in  Great 
Uueen-street,  near  Lincoln's  in n-fields,  Lynch^ 
complaining  of  tbe  delay  in  putting  theiV  de- 
sign in  execution,  and  repreBeuling  tbe  danger 
ot'it,  and  withal  presiiing  to  kn^iw  his  intf^naed 
general  and  cotmnander,  the  t^risoner  gave  him 
great  encouragement,  from  the  good  prospect 
of  their  afFsirs,  and  tbe  vigilance  of  tbe  noble* 
man  at  the  belm,  who  would  loae  no  oppor* 


m  eonrenietit  time  should  offer ; 

fTMoml  i1  '  ti  h«  BhoulU  lie 

'  lo  i!  I    in  due  time, 

Lvtii^.j  su«unu  if-ueive  his  orders, 

iofi    ibr   execution    bii   part,  and 

tffto^  ti|»oti  hilt  enterprise, 

And  mcenfiimg^y ,    ijjmiu    the  Silh   itay  of 

;»!«  Mr.  Lnyrf  ioTites  L)'tH;h  to  vide  out 

¥1  nil  turn  tUe  next  diiy  to  take  tlie  air» 

fMiL^f^rii    compiled  wiUi  ;  and  un  the  2Mh  ! 

ml  in  the  oiuruiiiKi   Lynch  iveot  lo  the  I 

'» iHHise,  who  o|i{toijiieii  Lyuih   to  go 

and  in  Kjjv  Wiihi*ut  AJdifate. 

lliAt  11111  e   ihr  I  lisiioer  Ubked  the  vriluesF, 

Ue  mounted  Willi  furniture  or  (listols ; 

errd  that  he  did  not,  but  that  i)e  had 

Imirel  IbvvUng^  piert,  which  the  pri- 

iLOt  might  carry  ;    the  prisoner  di- 

biiii  to  ijt-t  \m  piece  ready  luadeu,  he- 

ttatbe  (I^iyer)  shoiitd  carry  somethiu^  with 

li^  ubicli  be  would  not  lose  i'oi  all  tlie  world. 

tpKbMnl  ibe  pnsoDcr  met  without  Atdgateat 

II  Mn  tuomtf  and  the  pris^otier's  servaot  car- 

mi  tbe  t^HOt  aod  they  rode  loj^tber  towards 

^tt**^  ^>  Essex y  which  waa  the  place  they 

^  R  gof  ti9  to. 

l^|Nm  tbe  wty  tts  they  firoceeded,  Mr.  Layer 
M  ibe  witftess,  Ibut  they  were  ^oio^  to  \he 
laaiL  of  th**  lord  Noilh  aod  Grey,  where  lie 
'  II  to  iiiH  tonlship  as  a  par* 
^  (tiie  prisoner's.)  W  hpn 
II*' V  tu-mt  lo  ihe  oieeo-Q^oo  at  Layion-aione, 
it  tbe  entrance  upon  E]i|niig-ruresi,  the  pri- 
liKrBttltit  ftitgfht  he  bciit  to  eat  something 
i|v»«  bec^niiie  they  shouhl  he  too  late  for  the 
bnl  North  aod  Uiex'^a  dinner ;  and  accord' 
bf  ly  Ihey  siopt  at  tUis  house  to  dioe. 

GrIiif^m*'ll.  yoii  will  hear  from  ihe  witness 
t^l  Me,  the  prisoner  and  Lynch  had 

aaatii !  '  atioo,  whereio  there  was  a  repc- 

■od  oouiiriiiatiiooof  the  whole  de^tign  and 
guracT.  At  this  Green  man,  in  yourcoim- 
ty,  Geotremeo,  you  will  find  every  principal 
^rt  iff  tlie  conspiracy,  which  \>as  to  \m  e.\e- 
raltd,  copaiitted  upooi  and  agreed  unto  by 
L  tbem  liDtii :  The  iitoe  and  manner  of  the  in- 
kMBKOliiiO,  the  prepuralioos  inakii>^  for  it,  the 
^HaiiMiee  lo  be  provided  and  expected  from 
^^^bariuy,  from  oiaoy  in  the  city  of  London, 
'  tii  from  the  generahty  of  the  nation,  as  was 
%ta  ma^f^ted  ;  the  sei^fiog  the  earl  of  CJado- 
pB  aa  tlie  first  step,  and  the  surprising  the 
jwmvr  m  «hfi  mnnn«.r  mentioned  in  the  plan, 
W^  b«  '  'fioer  upon  the  guard;    aud 

M  tbry  ^  <t  to  coosidpr  and  approve 

llf  matt  dartn^  aod  execrable  part  f>f  the  plan^ 
l«  ibeD  exprestsly  repeated  by  the  pri- 
,  cte  makiog  a  itroiig  detachment  to  seize 
m  bis  Diajesty'a  (lefson. 

TIae  ^rtftoiier  then  declared  his  great  Fatis- 
fctiboo,  in  havtngf  engafred  a  per»oii  of  sucli 
WMif««>  '  ^  t  AH  Mr.  Ly nebcin  the  at- 
lBB|it'0f  earl  Cudognn  «y    aod  like* 

•iiKB«lt>ra  iij'  '    ther  greMinar),  hinted 

•I  b  fb#  icb» ;  0   persons  were  to  he 

^^  nanl,  ttiiil  of  viMi>..t  ma^  imd  made  up  hi^col- 
^B  iBdiw  tt  ftmuatkce  of  ibe  olaii »  ami  then  ex« 


preafied  his  wtsliea  lO  to  brtog  matters  to  bear» 
that  dir.  Lynch  miifht  likewise  have  the  sole 
direction  in  apprehending  the  per^onti  of  some 
of  bis  majesty's  ministers,  the  lords  Townsheod 
and  Carteret,  his  majesty  ^sprincifialaecrel a ries 
of  state,  and  Mr.  VVaJpoIe,  first  lord  commis- 
sioner of  the  treasury. 

These  iiemons,  moat  imme<hatel\  intrusted  iti 
bis  majesty's  sei-vice,  were  in  the  first  place 
to  be  seized,  in  order  to  facilitate  theik^ign^  und 
to  make  it  successful ,  By  this  mamna  ttie  con- 
spirators were  to  weakeu  his  maje$»t\  'a  power 
of  defending  bimiselff  when  they  bad  depri veil 
him  of  his  general,  who  was  to  commaml  and 
conduct  his  army ;  of  his  two  secretaiiea,  who 
were  to  maintain  and  carry  ou  Ins  iotelligence  ; 
and  of  the  lirst  cotniiMtu<ioner  of  hiH  trcasuryi 
who  was  to  lake  care  lor  his  supply. 

At  thi*  [dace  these  things  were  debated  and 
coti^ttleral  tietwcen  them:  Mr.  Lynch  then 
ai^'aio  couiphiined  of  (he  long  delay,  and  wished 
thai  the  affair  might  lie  eurried  on  with  tnore  ex- 
pedition :  the  orisoner  thought  no  time  so  pro- 
per ai(  the  breaKing  npof  the  camp,  when  they 
mijL;ht  he  sopplird  with  soldiers  i  y^t^  lie  ^^  as 
willing  to  hear  any  proposal  Irom  Sir.  Lyucb, 
aud  desired  Mr.  tAnchf  ihai  if  he  could  thiuk 
of  any  speedier  met  hod,  t»r  better  scheuie,  to  let 
bim  know  it :  bnt  the  witness  was  not  capable 
to  propose  any  way  toorn  |»roper«  than  wbal 
bad  been  agreed  upon  the  loot  of  the  plan,  us  it 
bad  been  cxplaioed  hy  the  prisoner  himself, 
arid  therefore  Mr.  Lynch  acquiesced  therein. 

Gentlemen,  at  that  time,  ami  at  the  tame 
place,  the  overt  aet  laid  tn  the  indictment,  of 
puhlii^hinii^  the  ttpnsouable  writing,  was  com« 
milted  ;  which  was  a  declaratiun  framed  in  the 
hatid-vM'iting  of  the  prisoner,  to  he  published 
iuimediately  oo  the  tirst  hreakiug  out  of  I  he 
conspiracy,  to  excite  Ihe  king's  subjects  to  take 
up  arms,  and  to  enter'  tiita  a  rcbelhon  against 
him ;  and  that  it  might  have  an  inHuence  on 
the  array,  where  their  hopes  were  (daced,  it 
took  notice,  that  the  king's  general  was  seized, 
atid  in  their  custody. 

Id  this  decUratiuD  particular  rewards  are 
promised  lo  the  horse  and  foot  in  the  army  ; 
different  allowances  are  made ;  to  every  horse- 
man aod  Serjeant  three  guineas ;  two  guineaa 
to  c\eTy  cr>rporal,  and  one  guinea  lo  every 
common  soldier :  all  had  promises  of  encou^ 
ragement,  favour,  awl  future  reward. 

Gcmleracn,  nfter  this  was  read,  the  prisoner 
pot  this  declaration  up  mio  his  pocket  again  ; 
and  afterwards  (as  he  acquainted  the  witness) 
be  himself  made  an  alteration  therein  ;  it  con- 
taining at  first  a  general  mtitation  to  a  revolt, 
but  was  not  directed  in  tlie  name  of  any  parti- 
cular person,  therefore  the  prisoner  thongiit  fit 
afterwards  to  alt^  tt,  (as  he  infonned  Lynch) 
and  to  make  it  in  the  name  of  the  Pretender, 
as  king. 

Gentlemen,  though  their  hopes  and  expecta- 
liooif  were  founded  on  corrupting  and  debiiuch- 
ing  the  army ;  I  mention  i^  only,  as  it  was  their 
cxpcrtatioo  and  design,  without  any  im^)uta- 
tion  oti  tbt  houont  at  MtViV|  ol  ^  ^<t\iA<a!WtXfc. 


i 


i 


4 


i 


147]  9  GEORGE  L 

of  lliearmy :  \mi  p«rtons  who  undertake ati  tf- 
fiiir  iit'ttiiH  naturei  are  alvvaya  forward  to  ex- 
pect their  desrg^os  will  he  successful. 

TliiM,  ^tnllemeti,  which  I  have  metilioned  to 
you,  H'liicb  ^ill  be  more  fully  M\ti  |iiirli€ularly 
ffiven  iu  evidence  to  you,  afjainsl  I  he  prisoner 
at  the  htir,  was  transacted  and  committed  in 
the  county  of  Eseex*. 

My  lorif  J  this  will  lie  evidence  of  most  of  the 
OTerl  acts  nllpged  Jo  the  inihctfiieot  iu  the 
county  of  Essex  ;  hul  we  shalt  confirtn  this 
evidence  by  the  confession  of  the  priioner, 
proved  by  two  witut«4ses,  in  whose  presence  he 
acknowled^'ed  the  sereraf  facts  which  will  be 
char^eil  nj»on  him  in  iht^  county  of  Essex,  by 
Mie  tffitimoriy  of  Mr.  Lynch;  nnd  shall  make 
proof  of  tu her  overt  acts  in  the  county  of  Mid- 
dlesex :  for  It  was  impossible  a  desijiu  «o  ex- 
tensive Bhauitl  he  contined  to  one  or  two  parti- 
cular place*  within  the  same  county:  their 
cousuhations  must  be  transferred  from  place  to 
pbce»  as  opporttmitv  offered,  and  as  tbey 
thought  most  conducive  to  the  purpose  they 
were  eng^aged  in. 

But  the  facts  I  have  mentioned  were  tran- 
sacted, gentlemen^  in  your  couniy.  After  the 
prisoner  anil  Mr.  Lynch  had  settled  these  af- 
fairs at  the  Grf'en-I^lan,  they  went  to  the  house 
of  my  lord  Not  I  h  and  liip'y  at  Epping  :  they 
•laid  there  all  night,  and  dined  there  the  ne\t 
day  ;  ihe  witneas  was  introduced  and  presented 
10  his  lordship  by  Layer,  and  was  civilly  re- 
ceived and  entertained ;  and  Ihe  prisoner  at 
the  bar,  as  he  and  Lynch  returueii  lion^e^  ask- 
ed the  witness  how  he  liked  his  hndsliip,  and 
assured  Mr.  Lynch  for  his  encourn^cment, 
that  be  had  g-reatly  recommended  him  (Llie 
witness)  to  his  lordship. 

Tlie  prisoner  anrt  livnch  met  a  second  time 
at  the  Lord  North  and  Grey's  luiust*,  whcvc 
Lynch  declared  he  would  withdraw  himstif^ 
if  things  were  not  put  in  execution  ;  to  whirli 
Layer  replied,  they  would  be  sooner  put  in 
execution  than  Lynch  imag^ined. 

Gentlemen,  you  may  perceive,  by  this  evi 
deuce,  the  prisoner**  explanation  ot*  ihe  whole 
•cheme^  and  his  execntitm  of  it.  so  far  as  was 
in  Ids  power  ;  though,  blessed  be  God,  these, 
ur  any  larlher  atletnpls  of  this  kind,  have  not 
bitherti)  prevuded, 

The  prisoner  proceeds  farther  ;  and  the  next 
wiiiit-ss  who  will  be  producwl  a^jramst  him,  is 
c»nc  who  had  bei*u  it  serjeant  in  the  army, 
Matthew  PInnkett.  Plunkett  had  b«tn  for- 
merly acquainled  with  the  prisoner,  and  done 
hmi  a  piece  of  service  ;  he  was  made  use  of  tci 
rescue  scune  goods,  when  tbey  were  taken  in 
execution  at  the  house  where  Layer  lodged, 
which  was  the  bqpnning-of  their  acquaintance: 
this,  with  some  othtr  recommendations  from 
persons  engaged  in  thin  design,  induced  the 
prisoner  at  Ihe  har  to  make  offers  to  him,  as 
yon  will  hear  from  the  witness. 

In  June  1722,  another  person  of  die  same 
name,  one  James  Plunkett,  was  directed  by 
Mr.  Layer  to  go  to  this  Serjeant  Plunkett,  and 
desire  buu  to  meet  Layer  at  the  Italiaii  coffee- 


Tt  ial  of  Ch  ristopher  Lawyer ^  f  118 

house  in  Iltissel-court.  The  witness  could  net 
at  that  time,  at  least  did  not  think  it  proper  to 
go  to  the  place  npjvDinted  ;  but  a  day  or  two 
after,  Mr.  l^yer  meets  him  in  Lincoln's- iiiii* 
ftdds,  and  takes  him  asjde  under  »  g:ite-way 
near  Turn-stile  :  L^ayer  then  told  Plunkett,  T 
would  inform  him  ot  a  matter  that  would  be  i 
great  advantage  and  beuebt  to  him  ; 
Ifsyer  let  him  into  this  consptraeVi  afl 
gaged  the  witness  in  it,  not  only  by  aisi 
and  promise  of  reward,  but  by  actual  rewa 
and  money  given  hini ;  and  to  induce  ami  < 
encourage  I'lunkell  the  nvore,  Layer  i 
ed  him,  that  there  were  several 
tn'eat  estates^  who  were  resolved  to 
tliemseKes  and  the  nation  from  iheca 
and  slavery  that  they  ibeo  eudured  ;  aind  that 
they  intended  to  britig  about  a  revolution^  sud 
restore  tlitir  king  Ihe  Pretender  ;  Pluokirtt  f^ 
jected,  tiiat  the  Freten<ler  was  a  Papist ; 
the  prisoner  replied,  there  was  no  iiffen 
between  a  Papist  and  a  Lutheran  kingv  i 
therefore,  that  ought  to  make  no  im^n 
upou  Plunkett,  to  hinder  him  in  joining  t 
bring  in  a  Papist. 

The  jtrisoner  enquti-ed  of  Plunkett,  wbeth 
he  had  not  an  acquaintance  in  the  army  witl 
some  ofBcers,  and  the  common  soldiers  ;  aa 
then  engaged  Plunkett  to  levy  what  persons  I 
could  into  their  tiervict.^ ;  and  when  the  witnoss 
told  Lay  er  he  knew  twenty  or  thirty  serjeanla 
hi  the  ajniy,  pittper  persons  to  be  nppli^  i< 
the  prisoner  gave  Plunkett  directiouK  to  mak 
apphcatinn  to  them,  and  to  have  I  hem  eort" 
ed  ;  and  at  tliat  meeting  the  prisoner  gave  1 
wiluess  money  for  lii^  encouragement ;  and  1 
they  hud  several  other  meelioifs  after  ibis,  i 
provide  and  levy  men,  the  direction  and 
ploymeni  given  by  l^yer  to  tlie  witness, 
to  take  care  to  tind  out  their  lodgings,  and  io 
make  lists  of  the  mrn,  o1'  tlietr  names,  and 
plaecH  of  abode,  that  tbey  might  be  really  upon 
notice. 

The  prisoner  not  only  employed  Plunkett  to 
pro-cure  and  enrol  ah  many  as  he  could  g«l, 
out  gave  him  money  for  one  particular  person, 
one  CbikI,  who  had"^  served  in  the  army,  and 
who  was  recommeaded  tu  Layer  by  Plunkett, 
as  a  person  that  hud  been  disobliged  by  bavins^ 
been  turned  out  of  the  service  ;  Layer  himself 
gave  Plunkett  half  a  guinea,  for  to  give  to  this 
person,  to  engage  him  iit  this  conspiracy, 
which  Plunkett  accordingly  paid  Child:  Layer 
Ukewise  order^^l  money  at  other  times  ta  be 
given  to  Plunkett,  and  at  one  time  particularly 
acquainteii  him^  that  the  prisoner  had  letil  m 
guinea  with  one  Jefferies  a  non-juring  parson, 
to  fjtive  to  him,  who  bod  given  Plunkett  but 
half  Q  guinea. 

The  prisoner  at  the  bar,  to  encourage  Pf  un^ 
kett,  acquainted  htm  witli  the  persons  whom 
Layer  ex|>ected  to  join  in  this  conspiracy  ;  and 
asked  the  witness  his  opinion  of  several;  the 
witness  will  tetl  you  the  names  of  the  persons^ 
and  what  answers  be  gave ;  |>articularly  that 
Layer  asked  htm  what  he  thought  of  the  lord 
North  and  Crey  far  an  oiEcer  to  be  at  their 


149J  Jbr  High  Treason. 

hm^l    TtmrnUmtm  mntwered,  i  bough  he  bad 
Mi«r  Mrred   under   hini,  he  looked  upon  bis 
!«»»  grcAt  man. 


Iavct  tnfovMil  bitn* 

nil' 


at  »evfral  tinieSt  ^vhen 
Uiat  things  were  in  a 
Migh  it  wan  not  yet  a 
I  k  in  execution  :  but  it 
(  could  uot  miscarry  ; 
111  wastocuDie  with  a 
'tticers  ;  and  that  the 
been  di»oovered  to  the  French  am- 
fvlio  htui  given  inleUigeuc«  (hereof 
fcliiBP/eut^,  ar  «l«e  the  affair  bad  btren  do  no 
lilbttkal  lime. 

lb  PlUftkeit  was  en)  ployed,  from  time  to 
iai»li»  prepare  lisu  ot\  anil  to  collect  and  en- 
tiil  Al  fiersona  to  g-o  on  with  this  desjigo ;  and 
*  rly  a  niimbtrr  of  Serjeants,  about  25, 
from  the  army,  the  priiioner 
Plunkett  to  go  immediately  to  those 
I  umI  take  care  to  6ecnre  ttiem. 

these  traiiorous  con^utts  and 
were  in  July  and  August:  and 
I  wilt  acquaint  you  more  fully  with 
di  ietamt  particulars.  7'here  was  one  encou- 
tt^tmatt  which  the  prisoner  ga?e  to  ibis  wit- 
a«i^  wlilcii  he  did  uot  ineotloD  ta  the  other: 
lelokll^unkett  thera  would  be  an  army  of 
Btlcb  to  oofDe  orer  in  aid  of  bis  majesty  ;  hut 
lktwibi«aa«hoi]ld  see  a  number  of  half-pay 
afionSt  especially  those  of  the  name  of  Filz- 
ieiild«  •!!  Ihe  !»idc  of  bh  king  (the  Preteuder,) 
tfcil  (bey  could  uol  doubt  of  success* 
Qtnikflieii,  under  the«e  encouragcnaeBtsand 
,  and  with  these  rewards^  huth  these 
^  the  two  witnesses,  were  engaged  hy 
'  to  enter  into,  and  go  on  with,  this 
cy  :  the  prisoner  met  them  apart  from 
tee  ta  time;  tbey  concerted  and  curried  on 
mek  meaaurcs  as  tbey  thought  proper  to  exe* 
0«li  Uus  deaign^  upon  the  foot  of  the  pkn, 
vlycb  iMitU  been  mentioned,  and  will  be  pro- 
dMBe<  to  you. 

After  WIS  have  produced  the  scheme,  aud 
tiewigo  examined  these  two  witnesses,  wlio 
Hill  gif  e  you  aa  account  of  the  progrrss  which 
Ike  priaoner  made  in  this  treason  ;  we  shall 
fire  ^iiu  otlier  plain  and  evident  uroof^  which 
^jii  «lcaaODaliiite  the  (reasonable  mtent  of  the 
prinftVftithe  bar,  aud  his  bof»cs  of  succc^is. 

We  oliall  prtwa  that  the  jirisoupr  ha  J  been 
M  RocDe,  and  by  bis  own  cunle^ior^  tliat  he 
hi  aeeii  the  Pretender^  and  bad  conferences 

W«  aholt  prove  that  the  prisoner  had  blank 
ywaaiaaory  notes,  or  receipts  for  money,  signed 
mih  Ibe  Freieoder's  own  hand,  by  the  assumed 
to  of  James  Rex,  found  amougsi  Layer^a 
laperB,  which  were  remitted  to  him  from 
tknief  Olid  which  he  has  acknowledged  were 
IMI  lifer  to  htm^  for  raising  of  money  to  carry 
fiftltie  caiMie  of  the  Pretend.  This  is  a  siroog 
i  of  the  trust  and  credit  reposed  in  him 
this  conspiracy ;  that  tbe  priaoner 
i  folly  ODtrusted*;  the  receipts  are  in 
the  prisoner  bad  power  to  raise 
«•  thttuiy  and  to  ^l  them  up  witii 


A.  D.  1725.  [130 

suth  sums,  aa  he  thought  proper  and  necei- 
sary. 

Centlemen,  ou  the  examination  of  onr  wit» 
nesst^  it  %vdl  appear  that  Mr.  Layer  declared 
he  had  e.i£ptrnded  great  sums  ^f  money  in  this 
alfuLr^  unA  ihal  be  has  made  it  an  excuse,  why 
he  bud  not  money  to  supply  some  demands, 
Itecause  be  bad  dijihursed  no  much. 

This  iberefore  was  to  be  his  full  power  to 
ratfe  n»oncy  towards  bringing  tbe  Pretender  to 
the  throne. 

Besides  these  receipts,  he  had  furnished  him- 
self with  lists  of  the  othcers  of  the  army,  m 
order  Ij  know  the  situation  and  condition  uf  the 
army,  and  to  cotisider  wbat  advantage  he  could 
make  l>y  any  of  those  in  the  lists  :  he  bad  pro- 
vided himself  with  lists  of  tbe  otficers  of  ilie 
Tower,  which  we  apprehend  was  to  render  the 
design  of  seizing  the  Tower,  when  their  friend 
the  officer  was  on  the  guard,  more  probable  aud 
bopefiiL 

Beijidea  this,  we  have  letters  which  %vi]l  be 
produced,  that  passed  between  sir  William 
Ellis,  an  adherent  of  the  Pretend er'ii  at  Rouie« 
aud  Mr,  Layer,  hy  the  name  of  Fountaiue,  (a 
name  he  went  by)  encouraging  him  to  go  on. 
with  this  design  :  we  have  the  cypher,  and  the 
explanation  of  tbe  cant  words  useil  iu  those 
letters.  In  one  letter  Ellis  says,  the  best  me- 
thod of  carrying  ou  the  manufactory  (which  is 
the  insurrection)  is  to  get  good  wofknieo,  (by 
which  is  meant  sohhers)  and  particularly  to 
gain  some  of  the  ablest  of  Mrs.  Barbara  Hmiih^Sy 
(hy  Mra»  Barbara  Hmilh  is  signified  tlie  army) 
and  this  would  be  very  agreeable  to  all  eon* 
cer lied,  particularly  to  Mr.  Atkins  (which  by 
their  cypher  or  key  is  a  name  for  the  Pre* 
tender.) 

And  in  another  letter  there  is  particular  men- 
tion of  Mr.Layer's  intended  general;  y  nn  will  find 
In  the  letter  an  explanation  of  him,  thus ;  thai 
be,  who  the  prisoner  in  his  letter  called  8irnouSy 
and  described  as  a  tenant,  though  his  name  was 
not  then  found  in  tbe  rental,  this  writer  be- 
lieved he  should  be  called  8immes,and  says  he 
is  of  the  Noril*,  a  grey- haired  ancient  man,  for 
whom  bis  friend  has  a  particular  esteem  and 
value,  as  a  very  good  tenant.  This  is  tbe  de- 
scription, and  this  is  the  caut  that  passed  be- 
txveenlhem;  the  explanation  you  will  appre<« 
licmi,  by  the  cyphers  that  were  found  amongst 
the  priboner^s  papers. 

Mr.  I^yer  was  not  wanting  in  other  prepa- 
ratious  for  thii  attempt;  for  be  had  provided 
arms  iu  bis  own  house,  mure  than  be  could 
have  occasion  for,  as  a  private  subject;  he  bad 
several  muskets  and  other  lire-arms;  bo  hud 
forty  or  fiffy  cartridges,  loadetl  with  bullets^ 
ready  iiude  up  for  so  many  discharges,  which 
might  he  delivered  out  ta  the  people  v%hu  should 
come  in  to  them :  if  be  bad  any  use  for  such  a 
quantity  be  will  shew  upou  what  occaKton. 

The  disc4}very  of  the  iacis  made  hy  the  wit- 
nesses occasioned  the  apprehending  Mr.  Layer, 
iu  whose  bouse  these  arms  were  tikewifio 
seized, 

Mx*  Layer  waa  »o  cooscious  of  his  owa  gtidt# 


^ 


9  GEOnOE  L 

tbtt  sAer  lie  wta  ftppreh^ttdecK  he  made  bis 

escape  out  ortbe  cukUhIv  of  tht  ^i'  in 

wliOfie  bouse  be  ktm  pbced  ;  hr  retit 

reiruti  to  wAieraieo  tc^  can'y  hiiu  mj  im^^  i^  a 
detnonstration  of  bii  guilty  iroui  tbe  coariction 
4>f  his  own  cronteience. 

GeDlIemen,  ibere  are  some  other  tnatters 
and  papers  which  it  will  be  proiier  to  offer  to 
your  eonsiderstioD ;  and  most  o(  these  purti  - 
culat'  factSf  which  I  have  nietiiiooed,  or  the 
tno^t  material  of  them,  have  l»eeu  confirmetl  by 
BIr,  Lajer^s  own  cotifessiai)  wbicb  he  maile 
iipoti  hts  exaniination  beforci  the  lords  of  the 
priry  coatieil.  And  when  we  Itave  laiil  before 
ymi  this  e? ident^e,  as  accordint*  in  my  instnic- 
tion«  we  shall  very  fully^  I  do  not  doui)t  but 
Iboiyou  will  do  your  duty  as  hmiest  men. 

We  do  not  apply  to  your  zeal,  as  yoo  are 
Pratestaots  and  EnL'IbAnDen  -,  but  iipnti  tbe 
wei|fht  of  the  evidtii^e,  we  Uiall  appeal  to  your 
jitatiee,  to  ytiur  oatlts>  and  to  your  conM:ienced, 
frbethtr  upon  the  whole  prmiftu  lie  hiid  before 
yoti|  you  will  Dcii  remain  Inlly  s.ttiisbed,  that 
the  prisoner  at  the  bar  is  Oiidt;^  of  the  bii(h- 
treaaon  whereof  be  staods  iodicted,  and  ibeu 
that  you  do  Eud  him  so, 

Alt.  Gen.  May  it  please  yowr  lordship,  and 
you  gentlemen  of  the  jury ,  I  am  counsel  on  tbe 
same  side  for  bis  maj^  uier 

mt  die  bar,  who  itaod«  i  -  -tun, 

ill  <s(»mpaaKiog;  and  ima^tiun:^  mi  <u  aiu  m  tbe 
^og*  The  preservation  of  tlie  life  of  tbe  kiu^ 
ti  m  that  great  importanct  to  the  »atety  and 
prosperity  of  bis  subjects,  that  even  imag^ioa- 
tioiia  and  in  ten  lions  (which  are  but  acts  of  the 
lieart)  to  take  it  away,  manifested  by  overt-acts, 
are  an  offence  of  ihe  highest  nature  which  the 
law  takes  notice  of;  but  as  tmagmatious  and 
intentioDSof  men  are  secreti  and  caoooi  be  di**- 
oofered  but  by  their  actions,  there  must  be 
J*roof  of  some  fact  done  in  order  to  carry  such 
intentions  into  execution,  to  make  the  ottc^nderi 
enilty  of  treason :  therefore  in  this  indictment 
Sve  several  overt-acts  are  laid ;  the  first  is^  that 
tbe  prison cT  at  tlie  bar  propose<l,  consulted  and 
agreed  with  divers  p«r8ooB  unknown  to  the 
ffrandiory,  to  raise  ail  insurrection  and  rebel- 
lion within  this  kingdom  ngaiast  bis  majesty  ; 
the  second,  that  be  pubJitiiiL'd  a  traitorooa  wnt« 
ing,  purporting  an  exhortation,  encoura<|ement 
and  promise  ot  rewards,  to  persuade  his  majes^ 
tjr's  raitlifnl  sitbjects  to  take  up  arras  agaui^t 
liim  ;  the  third,  that  be  proiiosctl,  roosulied  and 
agreed  lo  set  the  Prelenner  on  the  ib rune  by 
ormed  force ;  tbe  fourth,  that  he  listed  men  t% 
itiwy  war  against  the  king  ;  and  tbe  fifth,  ihnt 
he  projiosed,  corr  nllt^il  and  agreed  u>  aeiae  and 
imprisou  hiii  tDujr^ii^  •«  *(nfTe4i  )H"r»on« 

Gentlemen  of  the  inry,  y*»u  will  readily 
agree  with  me  tbnt  noihiug  can  be  more  di*ca«l* 
fill  to  a  true  BrilOn  who  hath  any  regard  to 
liim^'H'or  liT«  posieriiy,  or  love  to  his  country, 
than  the  ftitaj  con^et^aenccs  that  inast  have 
inevitably  attendetl  such  wicke<l  designs,  h.id 
they  been  carried  into  execution  witit  succesrs  : 
aiippQSd  a  rebellion  had  been  only  raised^  what 


Ttial  of  ChriHopker  Lai^^r, 


[158 


ooald  any  man  bare  expeded  from  a  rebellinA 
in  tbe  heart  of  tbe  kingdom,  but  plooder  ani 
rapine  and  murder,  a  total  aosponaion  of  all  cit) 
ngIA,  and  as  long  as  the  storm  bad  oootiiia 
a  just  but  terrible  apprehensions  of  aonie  ' 
yet  ifitofite  to  come  :  This  would  certaitdy  lia 
bi'iiR  tlie  case,  though  the  attempt  bhoubl  ha 
been  dtsap^KHnted  at  last*  But  nad  it  beeu  i 
tend«^d  with  succefis,  bad  bU  majesly'a 
|H3nfon  been  seized  and  iiaprisooed,  aiHl 
tlie  Pretender  been  plact-^d  on  the  thitmi*,  w| 
a  scene  ol*  misery  bad  ojiened!  A  nnid  adn 
nistralion,  governed  by  tbe  law  of  tbe 
under  an  cxeellf  ut  prince,  and  as  just  and  ma 
ciful  as  ever  wure  the  crown,  must  have  gisan' 
way  to  arbitrary  power }  all  your  estalts  nA 
properliei  must  have  been  at  the  will  uf  a  pra* 
vokeit  and  eicaaperated  usurper;  liWriy  mual 
have  grven  way  to  slaver*  -■  '  ■'- •  '  t  « 
ligions  lo  pupish  idoUt/} 
th  is,  h  u  ui  an  ly  «"  '^'  t.  L  i  r  w  j 
or  bo|)ea  4if  r^ 

caUiuities  ba^e  u^ 

of  the  king's  doiutnioiifr|  tor  sboulfl  tbe  pr 
happy  estnbbsbntent   in  his  riiDJL'Sty   and 
royal  family  (the  chief  bulwai^k  and  support^ 
tbe  I'rotestant  interest)  be  destroyed^  the 
tei^tant  religion  iu  gen4?ral  must  be  reduced  ^ 
the  lowciit  ebb,  if  tail  total ly  extinguisiied* 

This  is  the  nature  of  toe  crime »  and  tba 
aome  of  the  fatal  eonsrouences  that  ntuat  ball 
ensued,  if  the  dt^»igus  charged  upon  tbe 
soner  by  the  indictment  had  look  eilect. 
whether  he  is  guilty   ol^  this  great  oflai 
is  what  you,  genllcmea  of  tbe  jary,  are 
to  try. 

I^Iy  lord,  it  is  my  part  to  open  the  natural 
the  evidence  that  we  thai!  produce  lo  prove  l' 
several  overt-acts  laid  in  the  imlutmetit ;  a 
in  stutiitfc^  it  to  your  lorilsbip  and  tbe  juryy4 
shall  tbilow  the  course  of  time  in  w  bieb 
fticts  were  done,  that  tbe  case   m^iy  be 
easily  aii  pre  bended,  and  shall  opt^n  notbitt^  I 
what  1  believe  will  be  clearly  ventieii  by 

I'his  prisoner  at  the  bar,  tbougti  I 
to  tbe  profession  of  tbe  law,  and  a  ] 
il,  went  beyond  be.i  in  the  year  17fOt4 
tbe  cbse  of  that  y«*Hr,  according  to  our  i 
tbe  bcginmofcT  of  tho  yrar  1721,  arr 
Home,  where  tbe  Prettindt-r  then  was; 
the  priH^tm'r  was  there,  be  ptocured  himself  1 
hi  introduced  lotbe  Pri*tetider,  and  bad  two  pH- 
I  ate  coiitVrences  wiib  tiim,  in  wbicli  (but 
what  nit^tiiodsor  representatjon  is  bostkn 
to  hiuisi'if)  it  is  plain  he  obtained  thePreten 
good  opinion  ao  far,  that  he  thought  bim  a  fit 
^M^nrofi  in  whom  a  couHdence  for  carrying  oa 
any  dmgos  against  bis  majesty,  and  for  setting 
hini^eif  on  the  thrnne^  might  ba  aafdy  r»» 
po^ ;  For  this  purpose  a  oorrespondeDca  \  ~ 
then  settled  bet^eeu  tho  prisoner  and 
persons  of  diatinction  about  the  Pre 
a  cypl'^er  of  natoes,  of  perfrons  and  1 
agreed  on,  in  order  to  carry  this  eor 
on.  Tbe  prisoner  returned  to  Engbiiid  i 
July  1721^  atler  which  be  writ  letters  to  hi 
correspondent  at  Home,  and  auawera  to  tbem 


m 


Jot  High  Treason* 


A.  a  172^ 


[154 


(MM  ftmm  tbnict,  whereby  it  vrill  s|>pe;&r,  that 
f^m^mmrhmd  moAeitook  b  consirleroble  part 
ilAt^Mtell  tlneii  earryio^  on  u>  tiring  the 
VlMsJir  m  t  mad  allboufrh  the^ie  I  tetters  are  io 
ibeMsaad  cftot  terms,  ftnd  fictilious  Dames, 
ym  Ijr  l^  hmlp  of  the  cypher,  aod  from  the 
MMK^C  lite  letters  ihemsetres,  it  wt'lK  easily 
understandinfir  for  what 
writ :  This  cypher  and 
prove  to  have  been  ibunil 
r**  |Miper8,  which  were  »ei/(Hl 
«DfDifiltii»eiit,  and  your  lordship 
Ijuty  frtll  aeCf  when  they  come  to  be 
tithatandiog  the  oiiscure  tertos, 
mysterinns  eirpresKKit  iamrted  to 
t  eye  of  the  reader,  when  compared 
I  te emptier  they  will  be  ao Intelligible,  that 
^viIIk  a  ptaia  evidence  that  a  iksii^o  was 
oo  of  raising  a  general  rebellion  in 
ttie  Pretender ;  for  which  purposes  a 
^fm  vrritiDe^wai prepared,  which  weshaJt 
iif  Idbe  ipcrar  fordihip  and  the  (fentlemeo  of 
ilfjary^  that  waa  likewite  fouad  among  the 
p»iau*i  papera ;  we  ahall  prove  it  to  he  writ 
iMkbiaowtt  bttiid. 

■I  PepgeDv  opetietl  the  nattire  of 

J  fully,  I  shall  not  trouble  your 

i&pi  witll  a  re|»etilii»n  of  what  he  said  ; 

■  nCMDea  lobe  read  it  will  appear  tu  he 

ilitteil  Ibr  a  general   ri^inif^  it  will  prove  a 

mI  4csigii  to  seize  the  Tower »  to  seize 

Mi  IB  ^Fe«i  iUtioD«,  to  seize  the  Bank,  and 

I  ai  Uak  lo  seize  the  person  of  the  king 

If,  ao4  lo  seize  his  royal  highness  the 

ioi  W&lei^     Thiai  we  apprehend,  will  be 

1 1  MPBttiF  evidence  of  the  oTert-ncts  laid  in  the 

m,  and  will  confirm  the  testimonieB  of 

ikewnoemmn  wlitch  we  shall  produce, 

Tli*f«   are  two  witnesses  we  shall  call  to 

I  wwrm  llic  OTert  acta  kid   in  the  indictment^ 

mm   haV0  already   been  mentioned   to  your 

I  iMMfif    Mr.  Htephen    Lyftch,   and  terjeant 

*"    "     '  Hitniett.     Mr.  Lyncli  will  pn^vethe 

I^<irei1-acts  laid  io  the  indictment  to  hove 

hm  ctttflRMtied  by  the  prisoner  in  the  county 

tf  SaKk,  wliere  this  inaiiitmtnt  was  found  ;  uh 

ika  «Teft*aeU  of  the  same  nature  committed 

hf  him  to  llic  county  of  Middlesex^     But  as  it 

ii  layiapirr  la  fall  directly  upon  the  proof  of 

tew  Mti,  without  first  proving  Kome  other 

tmMhf  way  of  totn>diiction,  as  how  the  ac- 

^i^itoae<e between  IVIr.  Lynch  and  the  prisoner 

Ii  telMT  began,  and  how  tlioy  came  to  be  so 

iiteMa  a*  to  enter  into  a  dehi^n  uf  Ll>is  nature. 

Air.  I^ikcfti  will  give  your  tordshipii  and  the 

jury  aa  account ;  that  there  had  been  acquAint' 

mm  baiwaeii  Uiit  Mr.  Lynch  and   one  Dr. 

eigbl  or  nine  yeara  ago ;  thai  they 

l4  to  join  in  the  rebellion  which  waV 

IbalMiptiatng  of  his  maje?>iy'g  reign;  alter 

1^  waaarer  Mr.  Lynch  wetit  beyond  aea,  aud 

\  tUrre  aom^  timt* ,  and  arrived  in  Eog- 

I  HI  April  laat ;  that  theu*  acfjuaiutanee  con- 

1  iheir  principles  were  not  altered ; 

Mr.  L^oob  maettu^  Dr.  Morphcy,  Dr.  Mm- 

pbay  (wbaluttli  l>eien  mentioned  to  your  lord- 

ii  Ilia  oecaaioa  ia  Uua  &mii  ^lui  lAwii 


nnw  to  be  found,  but  bad  a  great  acquaintaoee 
Willi  the  prisoner  at  the  bur)  told  him  he  had 
something  advantageous  to  communicate  to 
him,  and  appointed  a  meeiiogncxt  niomin^  at  a 
coffee-house  i  n  Corn hjl  I ,  w here  they  accord ingly 
met ;  and  Hurpbey  then  advised  mm  not  to  go 
out  of  England,  hecauiiehe  had  an  opportunity 
of  making  his  fortune^  telling  him  there  would 
be  a  general  rising  in  favour  oi*  the  Fretcoder 
(nhoui  he  called  king)  and  that  it  was  carried 
OQ  by  gentlemen  of  note  aud  credit ;  and  if  he 
would  accept  of  I  he  service,  he  would  recom- 
mend him  to  one  greatly  concerned  in  that  af- 
fair ;  Mr.  Lynch,  after  consideration,  agreed  la 
stay, — .4 tier  several  other  meetings  hetween 
thifl  Dr.  Murphey  and  Mr.  Lynch »  at  which 
llieir  discourse  generally  turned  upon  this  in* 
tended  rising:  about  the  beginning  of  June, 
Dr.  Murphey  introduced  Mr.  Lynch  to  the 
prisoner,  as  a  person  fit  to  be  entrusted  in  the 
lotended  enterprize;  they  went  to  the  Grifiio 
tavern  in  Holbom ;  Mr.  Layer  there  expressed 
tbe  good  opinion  he  had  of  Mr.  Lynch  upon 
the  character  he  had  received  of  htm  from  so 
good  a  friend  a<i  this  Dr.  Murphey.  They  soott 
entered  upon  busitiess,  aud  the  pri.soner,  aAef 
having  made  a  represeutation  of  the  imeosinect 
of  the  nation  in  general,  and  of  the  fair  up* 
portunity  there  was  to  bring  about  a  revolution, 
proposed  to  Mr.  L>'ncli  to  seize  some  general; 
to  which  the  witness  agreed,  Alkr  Ibis  they 
had  several  other  meetings,  at  which  I  he  dis* 
course  turned  ujton  the  same  subject  of  a  ge- 
neral rising  in  order  to  set  the  Pretender  on  the 
throne,  and  at  one  of  tliem  tbe  prisomr  de- 
clared he  intended  Lynch  Rhuuld  ^ei*e  the  earl 
of  Cadot^an,  and  thiu  the  scheme  was  In  id  on  a 
sound  foundation,  having  a  |;reat  mau  at  the 
bead  of  a^airs,  who  u anted  neither  wit,  courage 
nor  resolution^  and  he  would  be  backed  by  his 
friends.  8evera)  r/ther  proposKion^  were  made 
by  the  prisoner  tending  to  rh*^  same  end  ;  to  all 
which  iMr*  Lynch  at^reed,  and  they  coni^ulted 
how  they  miffht  put  lliose  things  in  executiop. 
hi  July  La&t,  Mr.  Layer  wcui  itUo  the  country 
for  tburieen  or  iifteen  days,  and  after  his  reiur'ii 
in  the  beginning  of  AiigUJ»l,  in  pursuance  of 
what  they  hud  cuncertt^d,  Mr.  Lyueb  and  he 
went  to  View  ihe  carl  of  Cailogau*8  hou]$e,  to  sea 
hi*w  pracucahle  that  design  of  seizing  hun  at 
his  house  was,  Mr»  Lynch  thought  it  feasi- 
bte  ;  hut  he  grew  uneasy  at  delays,  and  fre^ 
qnenlly  told  the  prisoner  ihat  his  cireumslauce» 
would  not  pemiii  him  to  eitniinue  here  at  liig 
owu  expeucc;  theretbre  to  encourage  him  lo 
stay,  and  persevere  in  the  design »  Mr.  Layer 
gave  him  s^evi^ral  i»umN  uf  money. 

My  lord,  uptm  the  *24ih  of  Aui^fust  last,  ifto 
prisoner  aud  Mr.  Lynch  agreed  to  nde  ou  the 
next  day  lo  take  the  air  ;  on  the  ^S»h,  accord* 
ing  to  appointment,  (which  brmg^  us  now  to 
the  ovtrt-acts  in  I  he  county  of  Krisex)  they 
rid  oullay[ether  ;  the  pi  isuner  thought  it  proper 
to  ride  with  arms^  alleging  that  he  had  thiugn 
about  him  he  would  not  lone  for  any  thing  in 
ihe  world.  Upon  the  road  he  told  Mr.  Lyncb 
they  would   ga  to   luid  ^mJk  aad  Gfey% 


155]  9GE0RGEL 

with  wham  the  |>Hson«r  had  the  hotioiir  to  be 
well  acquduteii^  am)  im  would  present  Mr. 
Lynch  to  my  lord  as  bis  ymrticolar  acquaint- 
aure.  It  tiajipencd  to  Lie  too  late  to  get  to  lord 
North  and  Grey*s  by  dmner,  ^bereopon  they 
jiut  in  at  the  Greeu-Mati  near  Epping  fore*l, 
whichf  g^ntlemtn,  it  at  Lay  ton -Stone  in  your 
CO  uiity .  Din  ncr  not  bein^  ready  at  t  h  eir  com  * 
ing  thither^  they  entered  into  oonversation  on 
the  former  topics,  and  Mr.  Lynch  di^sirijiij 
to  give  him  some  m«»ight  into  the  scheme 
that  was  formed,  the  whole  subject  matter  of 
their  former  coosullati^ns  uud  dlseonrses  were 
repeated  about  seiziiig  lord  Cadogan,  seizing 
the  ministcit  nf  Htate,  oi  gettiof*'  part  oi^  the 
army  to  declare  for  them,  and  for  tteizing  the 
kiufpa  person  ;  and  these  things  were  then 
Pigr^ed  to  by  tbetn.  At  this  place  it  ifus^  that 
the  pii$oner  puUed  out  of  his  pocktftt  and 
ebewt^U  to  Mr.  Lynch  the  traitorous  writing 
laid  in  the  indictmcDt,  which  was  a  declara- 
tion to  encourage  a  genei'al  rising,  writ,  as  tlie 
witness  believes,  in  the  prisoner's  own  bi^d  ; 
tmd  that  part  whidi  contained  the  promises  of 
rewanls  to  be  given  to  the  soldiers  and  other 
persons  to  encounige  them  to  come  into  their 
designs,  was  read  by  the  witness ;  after  whiclt 
Mr.  Layer  took  his  paper  away,  and  put  it  up 
■o  his  pocket  again.  My  lord,  when  they  had 
dined,  they  went  on  to  lord  North  and  Grey ^3 
Louse  (whom  your  lordship  will  hear  men- 
tioned by  the  evidence  as  tne  person  thought 
on  10  be  general  in  this  undertaking)  ;  tfisy 
staid  there  that  night,  and  dined  tliere  next 
day,  and  aAer wards  they  had  n  second  lueetiiig^ 
At  lord  North  and  Grey^a,  Your  lordvliip  and 
the  jury  will  be  plea&cd  to  observe,  that  this 
evidence  will  he  a  fuU  and  positive  proof  by 
this  witness,  that  the  overt-acts  hy  publishing 
this  tnjiilon»us  writing,  encouragiug  persons 
to  take  up  arms  against  his  majesty,  of  the 
consultations  and  agreement  to  levy  war,  to 
set  the  Pretender  on  the  throne,  and  to  seize 
his  majesty**  person,  were  done  at  the  Green- 
Mio,  in  the  county  of  Essex ;  and  this  will 
likewise  be  an  evidence,  tliat  all  the  overt* acts 
laid  in  the  indictment  (except  publisliing  the 
traitorous  writing)  wtre  doue  in  the  county  of 
l^Iiddlesex. 

Hy  kird,  the  neitt  witness  we  shall  produce 
IS  Matthew  Piuukett,  formerly  a  serjeant  in 
some  regiment;  he  had  been  formerly  ac- 
^uainteil  with,  and  had  been  serviceable  to  the 
prisoner,  and  was  very  well  acquainted  vv^itU 
€06  James  IHuokett,  which  James  Plunkett 
was  a  great  aoauaiutance  of  the  prisoner's. 
This  James  Plunkett  desired  the  witness,  Mat- 
thew  Plunkett,  tu  meet  th«  prisoner  10  July 
last  ai  the  Italian  codee- bouse  in  llusset-court, 
which  the  witness  could  not  comply  with ;  but 
the  witness  met  the  prisoner  the  Sunday  fol- 
lowing in  Lincoln's-iDii'fields;  they  were  to> 
frether  near  an  hour,  the  prisontT  gave  him 
AD  account  of  the  intended  general  risiug,  and 
iLsked  the  witness  it'  he  knew  any  old  sei3«ants 
t^r  soldiers  who  can  disci  [dine  a  mob,  agreed 
With  ium  iQ  procure  sudb,  mtsniioiied  to  hiai 


Trkd  of  Ghrisiophet  Ln^er^ 

sereral  persons  (it  to  lie  at  the  head  of  <^ 
eoterprisee ;  and  in  ord^r  to  make  hiin  dili( 
he  gave  him  (it  that  time  half  a  crown  ; 
money  was  not  only  given  hiui  at  thai  I 
but  a  promise  was  made  10  him  of  turtlti 
wards.  Ttie  t>risoiier  having  occosi^ 
in  the  country »  one  Jitfiey^t  a  noii(|i)| 
gyman,  was  sent  to  IViatihew  Pin 
Layer  (and  tins  fact  iLat  I  am  goitkgi»-4 
must  not  be  Imrely  c<Hisidered  as  iiii>  aci^ 
tweeii  Jeffreys  and  Plunkett,  hut  it  will  htf^ 
brought  directly  borne  to  the  act  of  Lajrct| 
hiiusetf.)  JeBreya  tuld  Plunkett  he  cmmic, 
from  the  prisoner,  and  that  he  waa  tmpkiyt4^  \ 
by  him  to  go  to  such  as  the  witness  wi^  itli#  | 
were  old  serjeaots,  to  get  a  number  of  tkcni  !•»  | 
gether  to  discipline  the  mob,  in  oi'der  to  the  f^  , 
neral  rising:  the  next  day  they  met  again, , 
and  had  the  like  discourse,  snd  Jedfreys  gmtv^ 
Matthew  Plunkett  half  a  guinea;  aiid  wtntt^ 
brings  tliis  home  to  the  prisoner,  ta,  that  b«  | 
told  Plunkett  he  had  \e\\  a  guinea  with  tb«^ 
nonjuring  parfiou  to  give  him,  and  talked  witb: 
him  on  thtf  same  subiect  that  Jetfreys  had  dift*^ 
courised  the  witness  before.  Hut  in  fact,*^*" 
freys  did  not  give  Plunkett  the  guinea,  be| 
him  but  half  a  guinea. 

My  lord,  alier  Mr.  Layer  went  out  of  1 
Piuukett  gave  him  an  account  what  prog 
be  hsd  made  in  the  aH^air.     Plunkett  told  1 
that  he  bad  got  several  old  soldiers  that  1 
bear  a  part  iu  this  business:  the  prisoner! 
be  must  take  care  to  keep  a  list  of  their  naa 
and  the  places  where  they  lived,  that    ' 
might  be  in   a  readiness  when  they  shi 
have  occasion  for  them.   And  on  Sunday  b^  " 
the    nriiioner    was   taken    up,    he    told 
Plunkett  that  a  great  many  of  his  countryi 
were  turned  out  of  the  guards,  and  askecf  fa 
if  he  knew  where  they  lodged;  and  upoti4 
witoeas's  answer  that  he  dul  not,  the  pria 
direcled  him  to  take  a  list  of  their  tvames^j 
places  where  they  lodged,  that  he  might  h«f 
them   when  occasion  required.     80  I  but  in 
is  Mr.  Lynch  a  positive  witness  as  to th« oa 
acUiu  Kssex;  Mr*  Lynch  and  Mr.   Phu 
positive  as  to  the  overt-sets  in  Middlesex*  \ 
their    testimony    confirmed    by    the    sch 
under  the  prisoner's    own    hand,    and 

f»apers,  which  we  shall  produce,  found  ainon 
lis  papers  wbii^h  will  leave  no  room  to  do 
of  the  truth  of  their  evidence.  Besides, 
lord,  the  |>risoner  l^eing  seized  in  Septi 
last,  we  tihtili  give  an  account  when  he  wa 
custmly  of  a  messenger,  locked  up  in  a 
two  pair  of  stairs  high,  he  made  ashifttai 
hises(;ape,  got  to  the  water-sidei  and  ^ 
sculler  to  carry  him  over  the  river ;  bell 
ally  got  over  the  river,  hut  he  waa 
again  iu  St.  George^s-heids,  and  brought  I 
to  the  messenger,  and  offered  very  eoosidersbloi^ 
sums  to  the  persons  who  retook  him  to  let  hint 
go«  1  believe  it  is  hardly  to  be  imagined^  a 
person  jierlectly  innocent  would  venture  to  gel 
out  of  a  room  two  story  high,  and  in  tli« 
manner  he  did,  and  offer  to  give  such  a  reward 
to  the  pcrsQUi  who  retook  him  to  let  htm  get 


BTJ 

«M  Smmli 


^fir  High  Treason, 

I  becimseioiis  to  hmicelf  tbat  lie 
gical  dao^r.  There  were  like- 
Ml  bis  house  arms  more  thim  ne* 
%r  Im  ttse,  and  which  he  has  con- 
fo  be   used  if  there  had  been  a 


HjImI,  t»  corroborate  the  tettimoisy  of  the 
mttamm,  we  aball  lav  before  your  lordship 
■A  Ikt  flrmlef»vD  ef  the  jury,  the  several 
^beb  were  found,  i  may  say,  in  Mr, 
Imlv  ;  1  don*t  say  tfiey  were  ac- 
In  liis  custody,  hut  it  will  eomt^  to 
;  for  he  had  delirt-re<l  them  in 
Mrs.  Ma^>n  the  witness,  whom 
ptn&ttc^  with  directions  that  slie 
B»  pariicolcir  care  uf  tbem  ;  and  ihey 
in  her  custody  not  looij  after  the 
s  commitlcHl  to  the  rustody  of  u 
•be  saw  every  one  of  them  marked 
Vr^pmis  who  aei'^ed  them,  and  marked 
laMjinif :  there  are  not  only  the  scheme 
■tfiacj^fbers  and  letters  mentioned  hefore, 
lilite  Irft  promiBSory  notes  subscribed  by 
ivI^hMrn^er  t  these  pronuftsory  notes  run, 
ladUMMiledge  Co  have  received  from 

ibe  aufn  of  which  mm 

to  repay  with  an  interest  for  it  Bt 

iH  of  per  an  n ,        J  aivi  ej^  E .^ 

asy  Qtaii  imagine,  if  there  waff  nothing 

^la  «^ plain  tbeofi,  that  these  ooteti  were 

hmint  onthtng?    £?ery  body  must  beliefe 

iM  Ibry  were  intended  to  be  fnadc  use  of  to 

imy  wm  the  conipiracy;  but  we  iihall  shew, 

\f  ^e  prisoner's  own  confe^ion,  thnt  they 

apve  aent  n'rer  to  him  by  sir  Williom  Ellis,  in 

«|pr  to  be  mM\e  use  of  slh  occasion   should 

,  IB  protMMe  theve  designs  in  favour  of  the 

Among'  these  pupeis  several  Jist*^ 

lUiii)   which   will  lie  prmluced,  some  of 

eeolAtti  the  nuint»er  of  the  oncers  and 

tf  ibf  aoWteta  in  ihe  cfuards,  some  the  names 

tf  fiber  olBoeni  and  told lers,  and  some  thv 

tabo^^tftbe  ofiusera  belonifing-  to  tbe  Tower. 

kttoil  be  i^wiied,  that  in  some  of  those  Hits, 

i««  am  Am  names  of  several  persons  of  as 

(pm  botioiir,  loyahy,  and  tide! ity  to  bis  ma- 

JHI|.  as  any  subjects  bis  majesty  bath ;  yet 

i»ffnmni>^  the^  lists  conid  be  for  nothing 

lit-lB^cC  Hii   tofonnation  of  the  uumlier  and 

^■•Kirr  of  tbe  persons  in  bis  majesty ^s  ser- 

siit.  la  knovr   tlie  strength  of  his  majesty's 

f•«^  tbat  intelti^nce   mic^ht  be  civen  and 

itt^s  framed  accordioifly,  and  tfmt   there 

tmglB  bm  taoiperin^  with  such  as  there  could 

Aa^tjf  bopcs  of  bnntrin^  o^ev  into  the  Kre- 

laAv^  nierest :  if  Ihe  prisoner  can  put  any 

iAv  eattstnicrtion  upon  bis  havinpf  tliese  li§ts 

into  cuitddy,  he  will  have  an  oppoi tuuity  to 

^•l»   TbcTSC  tilings  bein^  proved,  I  apprehend 

ItosfngDaina  no  doubt  but  tbat  the  prisoner 

will  tppanr  to  be  guilty  of  the  crime  char^l 

c^bin  in  this  indictment :  but  besides  all  tois, 

wsaball  pffive  bis  confession  by  two  witnesses, 

«lMneby  be  bas  confessed  every  overt- act  laid 

M^Ckia  lodietment,  the  several  transactions  that 

Mr.  I^rynebaud  Flunkett  wilJ  give  account  of, 

«Ji  ibciacu  that  1  have  meuiioned 

s 


A/D*  irn.  [158 

I  before.     I  shall  conolude  with  this,  fifentlemen 
of  tbe  jury,  that  if  we  make  out  these  fac 
as  tbey  have  been  opened*  and  according" 
my  instructions,  I  have  no  reason  to  make  tfa 
least  questiim  of  it,  it  must  be  left  to  your  con-* 
si  deration  whether  the  prisoner  at  the  l>ar  ii 
Ifuilty  of  the  oflence  fur  which  he  stands  in^ 
dictetj  or  not ;  if  }  ou  shall  be  satislied  by  iIh 
eridence  that  be  is,  I  do  not  doubt  but  you  wil 
do  justice  (which  is  all  that  is  desired  of  you)^ 
arid  find  a  ver*lici  fur  the  kini^- 

Sol.  Gen,  If  your  lonls! tip  pleases,  we  will 
now   proceeil  to  examine  witnesses ;  and  wi 
desire  tliut  room   may  be  nvade  for  I  be   wil*^^ 
ne«^es  to  come  into  court.     Call  Mr*  Silephen 
Lynch. 

i.  C.  J.  You  must  make  way  there. 

Priifwer,  Wy  lord,  I  humbly  desire  before 
this  witness  be  swm  n,  that  he  may  be  exauilned 
upon  a  Voyer  dire,  whether  be  hath  not  a 
promise  ai  pardon,  or  some  other  reward  for 
sweariu^  against  me? 

L.  C  J.  Hir,  you  cannot  ask  him  that 
question. 

ftlr.  Rungerford.  I  hope  we  shall  he  at 
berty,  and  have  a  right  to  enter  into  an  exan 
nation  of  this  matter.     If  a  man  is  rt^presenti 
to  be  in  the  same  circumstances  with  tbe  prw 
soner,  and  the  prisoner  led  into  the  same  cir<^ 
cnmslances  by  the  person  proposed  as  a  wjt-M 
ness,  and  afterwards  by  him  involved  ip  tht 
same  oiTence  ;  if  the  person  therefore  prop 
us  a  witness,  hath  a  promifie  of  pardon  or  i 
reward,  upon  condition  that  he  would  sweat 
against  the   prisoner,  he  cannot  by  law  be  n 
fjfood  witness ;  the  person  prufHised  as  a  wit* 
ness  must  be  a  cretlible  witness,   nmst  he 
legal  witness,  must  not  be  convicted  of  perjor^/^ 
or  any  other  notorious  offence^  a  free  witttes 
that  is  uot  uuder  restraint  for  the  offence  he 
accuses  another  of  j  and  therefore  we  hope  we 
Imve  a  rif^ht  of  asking  whether  he  acts  under  .. 
the  intluence  of  any  promise  of  reward,  or  ih 
promise  of  a  pardoi :  and  the  right  we  have 
of  examining  him  to  the  promise  of  a  rewar' 
or  pardon,  is  supported  by  the  authority  of  mjil 
Inrd  chief  justice  Hnle*  as  reported  by  KelvuiCe.if 

Mr.  Kettitey.  My  lord,  1  would  not  tate  up^ 
your  lordsbip^s  time,  and  submit  the  weitifb' 
at'  what  Mr.  Hungerfortl  has  offered  to  your  I 
consideration;  hut  we  found  our  ri^btofaak* 
imy  this  i|uestioQ  upon  my  lord  chief  justice 
Hale^s  express  declaration,  set  forth  at  lar^e  in 
Kely nereis  Reports,  tol.  IB,  which  1  Imve  here 
in  my  nand.  I  must  likewise  beg  leave  lo  ob- 
serve tn  your  lordship,  that  thts  4]ue8tion  was 
formerly  asked  in  the  trial  of  Gordon  and  Dor- 
rell  to  one  Adams,  that  had  been  in  tbe  same 
conspiracy  with  those  that  were  hroug'ht  to 
trial  for  high  treason^  and  was  then  produced  as 
a  witness  against  them  ;  the  book  was  then 
brought  into  court,  and  tlie  quotatioa  read  be- 
fore your  lordship,  and  accordiuj^  to  my  notea 
of  that  trial,  which  I  have  here  brought  with 
me  for  my  justiHcation,  (I  submit  to  your  lord- 


ISO) 


1>6E0R&E  I. 


Trial  rf  CkriHopher  Layer f 


[440 


•f  his  power  ioteoding  to  chan^,  alter  and 
■nbvert  the  governmeDt  of  tbii  kingdom,  law- 
fully aud  happily  established  under  his 
present  rosjesty,  and. to  depose  and  deprive 
nis  said  majesty  of  bis  title,  honour,  royal 
estate  and  j(overninent  of  this  kingdom ;  and 
tp  advance  to  the  crown  and  government  of  this 
realm,  the  person  in  the  life  of  the  lato.  king 
James  S,  pretended  to  be  prince  of  Wales, 
and  after  the  decease  of  the  said  king  James 
pretending  to  be,  and  taking  upon  himself  the 
stile  and  title  of  king  of  England,  by  the  name 
of  James  3,  did  opon  the  S6tb  day  of  Au^st 
in  the  ninth  year  of  his  present  majesty's  reign, 
and  at  several  other  days  and  times,  at  Lay  ton- 
fkone,  in  the  county  of  Essex,  ftlsely,  malici- 
ously, and  traitorously,  compass,  imagine,  and 
intend  to  depose  our  said  sovereign  lord  king 
George,  from  his  title,  regal  state  and  govern - 
■dent,  and  the  said  king  to  kill  and  bring  to 
utter  destruction. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and 
bring  to  effect  his  treason  and  trsitorous  pur- 
poses, on  the  said  S5th  day  of  August,  and  at 
several  other  day's  and  times,  at  Layton-Stone 
aforesaid,  iogetner  with  divers  other  false 
traitors,  to  toe  jury  unknown,  did  falsely, 
maliciously,  and  traitorously  meet,  consult, 
conspire  end  agree,  to  move  and  stir  up  an  in- 
surrection and  rebellion  in  this  kingdom,  against 
our  said  sovereign  lord  the  king. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and  com- 
plete  his  treason  and  traitorous  purposes,  on  the 
said  3&th  of  August,  at  Lay  ton  Stone  aforesaid, 
with  force  and  arms,  did  falsely,  maliciously, 
and  traitorously  publish  a  certain  malicious, 
seditious,  and  traitorous  writing,  containing  in 
itself,  and  purporting  to  be,  an  exhortation  and 
promise  of  rewards  to  the  subjects  of  his  said 
majesty,  to  persuade  and  excite  them  to  take 
up  arms  and  levy  war  against  our  said  sovereign 
lung  George. 

The  Indictment  further  sets  forth,  That  the 
said  Christopher  Layer,  together  with  other 
faliie  traitors  to  the  jury  unknown,  to  complete 
and  bring  to  eflfect  his  traitorous  purposes,  on 
the  said  S5th  day  of  August,  at  Layton-Stone 
aforesaid,  with  force  and  arms,  did  falsely,  ma- 
liciously, and  traitorously  meet,  consult,  con- 
snireand  agree,  to  exalt  to  the  crown  and  royal 
dignity  of  this  realm  the  |)erson  in  the  life  of 
the  late  king  James  Sod,  pretended  to  be  prince 
of  Wales,  by  means  of  an  armed  force  and 
troops  of  soldiersy  for  that  purpose  to  be  raised 
and  levied. 

The  Indictment  further  seta  forth,  That  the 
said  Christopher  Lsyer,  to  perfect  his  said  trea- 
son, on  the  said  85th  day  of  August,  at  Lay  ton- 
Stone  aforesaid,  maliciously  and  traitorously 
did  raise,  levy  and  retain  several  men,  to  the 


jory  unknown,  to  lake  ap  arms  and  levy  war 
within  this  kingdomp  aganot  nor  said  nvwi ' 
lord  the  king. 
That  the  said  ChiHlophir  Liyar.  I9  v 


of  Auffust  at  Layton-Stone  aforewd,  togeftcr 
with  divers  other  false  traitors,  to  the  jiiry  m-. 
known,  did  falwly,  maliciously  and  trailofoalj 
meet,  conspire  and  agree,  to  take,  aeise,  ifnprt: 
son  and  detain  in  custody  the  sacred  pmmi  of 
our  said  sovereign  lord  the  long,  agaipat  Iha 
duty  of  his  allegiance,  against  the  peace  of  Ihn 
king,  his  crown  and  dignity,  and  againit  Ibo 
form  of  the  statute  in  that  case  made  and  m^ 
vided.  To  this  indictment  the  priaoMr  M^ 
pleaded,  Not  GuUty. 


Seij.  PengelfyJ*  May  it  please  i 
ship,  and  you  gentlemen  of  the  jury*;  tho  pri- 
soner at  the  bar,  Mr.  Layer,  cornea  now  Itfilo 
tried  before  you,  for  a  wicked  and  dcMhilo 
conspiracy  ag[ainst  the  person  of  hh  maii^i; 
and  against  his  government ;  and  thin  In  6mm 
of  an  attainted  and  abjured  Pretender  ;  9  Rui 
tender  whom  the  prisoner  liimself  has  ^Vii 
in  words,  and  ought  to  have  renounced  ui  Idt 
heart. 

The  indictment  contains  a  cbam  of  kU 
treason  against  the  prisoner  at  tho  bai^  lie 
compassing  apd  intcndin«;  the  depoMBg  tho 
king,  and  also  his  death  and  destruction. 

The  particular  facts  laid  to  provo  thin  tai* 
torous  imagination  and  intent,  and  which  ihc 
prisoner  put  in  execution,  in  order  to  bii^g  ta 
effect  his  treasonable  purposes,  are  Ave.  ^ 

The  first  is ;  that  the  prisoner,  with  other 
traitors,  did  consult,  conspire  and  agree  to niil 
a  general  insurrection  and  rebellion  in  thloM* 
tion  against  his  imyesty.  1 

The  next;  that  he  did  publish  a  le^liliif 
and  treasonable  declaration,  containinff  iooh^ 
ments,  and  promises  of  reward,  whereby  tea* 
cite  and  stir  up  his  msjesty's  subjects  to  triM 
up  arras,  sod  to  levy  war  against  hb  uiiyM^ 
within  this  realm. 

And  farther ;  that  he,  with  other  tnilHIk 
conspired,  consulted  and  agreed  by  an  anaad 
force,  to  exalt,  and  bring  the  Pretender  to  Ui 
majesty's  crown,  to  the  throne  of  theto  kla 
dome,  and  put  him  into  the  poMeatiiN 
government  thereof. 

That  he  hath  provided,  levied,  and 
several  persons  to  Uke  up  srins,  and  lo  Imrf 
war  agamst  his  majesty  within  this  kingitoa^ 
for  the  executing  these  traitoroua  porpoaeB. 

The  last  overt  act  alleged,  and  to  finish  ddf 
conspiracy,  is,  that  he,  with  the  other  trailpi% 
consulted,  conspired  and  amed  to  seioo  upB% 
and  to  imprison  the  sacred  person  of  hb  nM 


sz 


jesty. 

Gentlemen,  it  is  unneoeasary,  when 
facts  are  opened  to  yon,  to  acquaint  you,  fkd    [ 
an  attempt  of  this  nature,  if  it  nad  auooaodiit 
would  have  been  the  subversion  of  the  pffMift  j 
happy  esUbliibment,  and  the  ProtealaBt  M^Jj 
cession,  so  often  confirmed  by  the  canowr 
tho  wholo  nation,  and  tho  ooly 
roligioaa  and  civil 
wonldaUr 


161}  for  High  TtiUim. 

m  miamfml.    For  tbese  reasons,  as  well  as 


A.D.  1722. 


[162 


ol"  tlie  authority  they  produce, 
v»  ^prcbciul  there  ia  no  force  in  |be  objec- 

ftfen  -     Mj  lord,  I  know  not  whe- 

lks ii  t  l>e  laying  too  great  a  weight 

the.  ut^cciioD,  for  so  many  uf  the  king's 
lel  to  answer  it ;  for  oiy  part  I  tliink  it 


%t,  Hmn^erfbrd.  J  tirg:e  it  thfia  far :  what* 
is  produced  in  a  conrt  of  justice 
f  be  inii'at  appear  to  he  utterly  un* 
I  point  of  iutei  est  in  the  coosefpience 
If  a  man  produced  as  an  evidence 
tlie  dflit  upon  the  defeodaiit,  shull, 
aw  exmriiiucd  upon  a  *■  royer  dire/  dis- 
ithat  oe  19  to  hare  a  part  of  the  money  re> 
I,  ia  oQrt  such  a  [tersou  flisahl^d  from  he- 
\  W(ti»ess  at  all  ?  /\ud  is  not  a  |irosnise  of 
I  to  the  wttfiesa,  in  ca^e  he  con r lets  the 
,  A  greater  bias  ttiau  the  witnesses  huv- 
■f  fart  of  the  money  recovered  ?  lu  a  civ  it 
OJiellie  t[t>e^tion  ia  not,  whether  the  witnes>f 
kfeHfli^  to  «i«rear  a  truth  or  iulshood  ?  but 
'  lite  %%^itfi€i»s  doth  not  appear  to  be  so 
fcrqawtted  io  iotereM,  thit  he  ou^bt  nut  to 
WtXAnteed  at  all  f  And  therefore  1  humhiy 
intttftiat  %re  oai^ht  to  hare  an  account^  whc- 
fbrltie  ^itQCM,  Lynch,  halh  the  promise  uf  a 
nitkni,  or  aoy  reward  tor  tliiit  which  he  is  to 
ll  Itre,  %iz.  for  the  evidence  ke  is  to  give 
a|ttMt  the  i^ri^oner?  As  to  the  consequence  of 
tmk^  '  \  it  is  luditTei-ent  to  trie  whe- 

tWf  It  lole  hiin  from  being  a  witness 

liifilttieiy,  ar  go  to  bis  credit  only  ;  for  it  it 
'  1  come  out  tliat  he  huth  such  a  promiae, 
i  00  jury  or  man  livinff  will  bclie?e 
I  that  is  much  the  t>ame  as  if  ho  were 
^Irmiaeeil ;  thoag;h  il  seems  more  aj^^eeable 
IP  tJtt;  praitice  to  eivil  cases,  that  he  should 
Bot  tx:      '       '    t  asawitoesft  at  all, 

lir  7.     Mr,  8<dn'itor  mistakes  the 

watA%  tyi  ^i<^  'Hiuk  as  [  reat!  them ;  he  is  pleas- 
•d  to  understand  them  as  if  aU  the  rest  of  the 
pAgtm  differed  in  opinion  from  my  lord  chitf 
ftvan  Hair  i  but  the  book  iloes  not  say  ao,  it  is 
mkf  that  aume  of  the  other  judges  were  of  opi- 
nutt  tlmt  it  did  not  dis;^ble  him,  but  all  agreed 
tl^  it  went  CO  his  credit,  and  that  was  all  I 
tia4  to  lb«  book ;  and  1  would  not  have  offered 
ilalliemise  than  as  it  was  truly  there,  upoo 
mj  eom«lcratioQ  wliat«ioever;  hut  whether 
im  qooCtoti  be  asked  at  first  or  last,  so  as  we 
kM«an  answer  to  it,  1  am  contented, 

L  C  J.     Yoii  aee  the  most  you  can  make 

ifil  tMf  that  it  is  au  objection  tt»  his  credit ;  and 

lift  Qocs  t'«  hiH  creilit,  must  he  not  be  sworn, 

bt*  credit  lelt  ta  the  jury  P    Lie  must  be 

1  ns  a  te^al  witness  ;    but  if  this  man, 

#.TTi^i  tinon  and  promtse  of  a  p.irdoti, 

svtearthat  which  is  not  true, 

'1  asL  him  to  tliat,  he  h  not 

to  answer  it*     Nobody  ia  in  discredit 

rlf,  but  always  to  be  taken  to  l>e  innocent 

M  tt  «p>|tmr»  other wi:ie.     It  i«  expressed  that 

Ih  liaa  m  promise  oi  pardon  :    what  to  do  ?    To 

»€  etidrncr.    Gifa  tvidebcr!   Whv  should 


he  notr  Ts  be  oc^t  obliged  to  itP  Suf>pose  ha 
gires  evidence  ac€ordiiiO[  to  thetiuth,  lie  would 
be  entitled  as  much  to  bis  pardon,  osif  be  gava 
evidence  of  that  which  is  not  true*  The  moat 
you  can  Bay,  isi,  he  has  a  promise  of  pardon  if 
he  gives  evidence  ;  and  can  ymi  conclude  from 
thence  that  he  can  give  no  evidence  except  a 
false  evidence?  If  they  who  a«>k  the  question 
insinuate  any  thin^  like  that,  it  ought  not  to 
have  an  answer :  but  if  he  hath  a  promise  of 
pardon  if  he  eives  a  true  evideacCi  it  is  no  ob*- 
jection  to  bis  being  a  witness,  or  to  bis  credit, 

Prhtmer,  My  loni,  I  huuibl}'^  hope  our  ob- 
jections will  thus  far  prevail,  and  that  we  shall 
come  at  the  fact. 

X,  C.  /.  When  Ire  is  sworn  yoa  shall  ask 
him  what  questions  you  please. 

Just.  Eyre.  The  objection  which  jnves  oc- 
casion to  insist  up^>n  this  question,  arises  from 
the  influence  which  tlie  hoptsof  pardon  may 
possibly  have  upi»n  th«  witness  ;  and  ifttiis  b« 
a  reusou  for  fiettingr  aside  a  witness  as  incajia- 
bte^  no  accomplice  nho  discovers  a  conspiracy 
can  ever  be  allowed  to  prove  it  ujjon  oatli ;  for 
]  believe,  no  man  ever  yet  made  a  discovery 
but  M'ith  the  hopes  of  pardon  ;  and  a  goveru- 
meut  is  obliged  in  honour  to  {>raut  it,  whera 
the  ctinfessiou  apjiears  to  be  ingenuous  and  Bio- 
cere;  and  therefore  if  the  hope  or  prospect  of 
pardon,  which  is  all  that  can  be  inferred  from  a 
promise,  should  be  an  objection  to  the  com|)a« 
tCQcy  of  a  wituesSj  no  government  would  ba 
safe  ;  Ibr  treasonable  conspiracies  might  ba 
formed  and  carried  on  with  impunity^  when  the 
persons  concerned,  from  whom  alone  a  full  dis- 
covtry  can  be  had,  are  utterly  incapable  of 
proving  the  fact,  though  \\iey  give  all  possible 
marks  of  their  sincerity  and  truth.  They  have 
therefore  been  alwavs  Vllowed  tu  be  witnessea ; 
and  1  do  net  remember  that  ever  any  objection 
was  made  to  their  competency,  till  the  case  of 
the  king  and  tinrdon,  when  the  counsil  fur  the 
prisoner  woald  have  asked  the  same  qufstioo 
which  is  now  proposed^  hut  the  Coutt  did  not 
think  it  proper  before  the  witness  was  aworu  ; 
for  no  person  produced  as  a  witness  can  he  exa- 
mined to  any  matter  which  only  alTects  hit 
creditf  and  is  no  objection  to  his  competency, 
till  alter  he  is  sworn  to  give  evidencCi  and  bat 
beeo  examined. 

Just.  Poajyjr,  Mr.  Hungerford  would  do  well 
to  remember  the  several  acts  of  parliament 
made  to  give  encouragement,  by  a  reward  of 
4Q/.  for  the  apprehending  and  convicting  uf 
every  false  coiner,  highwayman  and  bouse- 
bre^iker;  and  if  a  cruuinariu  those  ofiencea 
shall  come  io,  and  discover  and  convict  two  of 
his  accoinphces,  he  shall  lie  entttleil  to  a  par- 
rlon  ;  and  by  the  express  words  of  ttie  6t[i  of 
queen  Anne^  (»hult  have  the  reward  of  40/.  for 
each  houwbreaker,  and  shall  also  himseJf  bo 
entitled  to  &  pardon  ;  so  th»t  the  i>atliament 
thoiirrhi  it  pi'opcr  to  give  even  money  as  we  I 
ns  :i4)Mrdon  to  such  discoverer.  Yel,  ever  since 
the  making  of  those  acts,  the  jier^ms  sn  pn»- 
mised  and  encouraged,  have  upon  those  trials 
been  admitted  as  good  witnesses  tneu  betore  a 

M 


1 

I 

I 

1 


143]  9  GEORGE  I. 

this  design,  are  Stephen  Lynch  and  Matthew 
Plunkett ;  (which  last  had  been  a  aeijeant  in 
the  army)  with  whom  the  prisoner  consulted, 
and  whom  he  eng^aced  in  this  desperate  at- 
tempt ;  and  we  shalfcall  some  other  witnesses 
to  confirm  several  circumstances  in  their  evi* 
deuce. 

Mr.  Lynch  is  a  |ierson  the  prisoner  mig^ht 
have  reasonable  hopes  of  eng^aging^  in  this  ser- 
Tiee:  he  had  been  formerly  acquainted  with 
one  Dr.  Murphev,  who  (I  am  instructed)  was 
in  the  rebellion  that  broke  out  in  the  begfinning 
of  his  majesty's  reign :  Mr.  Lynch  having 
been  abroad,  and  absent  for  sometime,  returned 
into  England  in  April  last :  upon  his  return, 
Dr.  Murphey,  his  old  acquaintance,  meets  with 
him,  bids  him  welcome  to  England,  and  tells 
him  that  an  affair  «»as  going  on  by  which  he 
might  make  his  fortune,  and  advises  him  not 
to  go  out  of  England :  that  there  was  an  inten- 
tion to  rise  in  favour  of  the  Pretender,  whoip 
lie  called  his  king,  and  he  would  take  care  to 
fecommend  Mr.  Lynch  to  a  person  who  had  a 
great  part  in  that  affair. 

Mr.  Lynch  having  suffered  liefore,  and  run 
a  great  hazani,  was  unwilling  immediately  to 
enter  into  any  engagement,  but  proposed,  that 
if  he  could  have  sufficient  encouragement,  and 
what  he  expectetl  as  a  reward,  he  should  be 
willing  to  stay.  Some  time  after  Dr.  Murphey 
introduces  Lynch  to  the  orisoner  at  the  hart 
The  first  time  they  met,  I  think  it  was  the  be- 

S'nning  of  June  last,  they  went  to  the  prisoner's 
dgings,  which  were  then  at  the  upper  end  of 
Chancery-lane;  and  he  being  about  to  remove 
his  goods,  desired  them  to  go  to  a  tavern,  hard 
by,  the  Griffin  tavern  in  Hollram.  To  this 
place  the  prisoner  at  the  bar  came,  where  Dr. 
Murphey  presented  Lynch  to  Mr.  Layer,  as  the 
gentleman  Dr.  Murphey  had  before  recom- 
mended to  him  ;  Mr.  L^yer  received  Mr.  Lynch 
at  that  time  with  great  civility,  and  tells  him, 
that  the  recommendation  he  bad  received  of 
Lynch  from  Dr.  Murphey,  made  him  not  to 
doubt  of  his  integrity  and  ability.  Then  they 
entered  upon  a  consultation  as  to  the  carrying 
on  of  this  desigpn ;  Mr.  Layer  introduced  it  with 
represeuting  an  uneasiness  in  the  nation  in  ge- 
neral, and  liow  fair  an  opportunity  there  was  to 
bring  about  a  revolution :  But  In r.  Layer  tell<j 
him,  that  one  of  the  first  and  principal  steps 
was  to  seize  upon  a  general,  or  other  great 
man  (which  you  will  observe  is  one  part  of  the 
■cheme)  and  upon  Dr.  Murphey's  recommen- 
dation of  him  as  a  fit  man  for  that  service,  Layer 
proposes  to  Lynch  to  undertake  it.  At  this 
time  Lynch  acquainted  Layer  with  the  diffi- 
culties he  had  been  in,  and  that  an  aflair  of  this 
nature  would  take  up  some  time  before  it  could 
be  put  in  execution,  and  he  could  not  well  en- 
gage in  it  without  some  farther  encouragement, 
and  a  reward  in  money,  in  order  that  he  might 
live  easy  and  well  while  he  staki  here.  Upon 
that,  the  prisoner  at  the  bar  promised  hiia  sup- 
plies of  monev  for  bis  suoaisteBoe  and  ex- 
pences,  what  anonld  be  neaeanry,  besidei  fu- 
tura  fawardaf  and  id  piiMaaoa  af  that  pco- 


Trial  of  Chriitof^ier  Layer  ^ 

mise,  Layer  hath  seyeral  times  ! 
Lynch  with  money,  to  engage  him  r 
fectually  in  this  design,  and  to  support 
it.  ,  By  these  assurances  Lynch  was  p 
upon,  and  then  agreed  to  enter  into  t 
spiracy,  and  to  take  upon  him  the  part 
that  should  be  signified  to  him. 

Gentlemen,  the  prisoner  did  not  tli< 
a  full  discovery  of  the  person  that  wi 
seized ;  bnt  they  were  to  meet  again, 
did,  alM>ut  the  latter  end  of  June,  at  tl 
tavern:  There  the  prisoner  disclosec 
witness  the  particular  person  who  was  d 
to  be  first  seized.  He  acquaints  the 
that  the  person  he  (the  prisoner)  inte 
their  former  meeting,  and  whom  he  c 
the  witness  should  seize,  is  the  genera 
array,  the  earl  Cadogan  ;  and  liynci 
find  out  such  other  persons  as  he  co 
upon,  for  the  assisting  in,  and  effecting 
terprize;  whereunto  Lynch  agreed, 
then  acquainted  him  what  steps  were 
made  in  the  conspiracy,  and  that  .they 
be  headed  and  commanded  by  a  genei 
had  wit,  and  courage  and  resolution,  a 
were  supported  by  a  great  many  frien 
had  full  power  and  authority  from  t 
tender  (whom  he  called  king)  to  act,  i 
was  intrusted  with  a  commission  as  his 
and  whose  orders  Lynch  was  to  obey. 

The  prisoner  and  Lynch  had  sever 
meetings,  some  at  the  Griffin  tavern,  an 
at  the  prisoner's  own  house  in  Old  South 
buildings,  where  the  prisoner  alwi 
couragcd  Lynch  to  persist  in  the  undo 
by  assuring  him  that  all  things  went  \ 
and  that  the  design  was  so  well  laid 
could  not  probably  miscarry :  That  the; 
be  assisted  by  a  great  many  officers,  as 
any  motion  was  made,  and  that  the  < 
soldiers  would  declare  upon  the  first  < 
nity :  and  being  asked  by  Lynch, 
they  had  no  foreign  assistance  to  dep 
The  prisoner  answered,  when  we  bt 
business,  we  shall  not  want  relief,  if  r 
At  one  of  these  meetings  the  prisoner 
to  the  witocss,  that,  upon  the  rising,  th< 
would  be  delivered  up  to  them,  by  meai 
officer  who  was  to  be  upon  the  giianl  i 
the  day  of  execution ;  aud  that  the  p 
the  Mint  in  Southwark  would  come  in  tt 
who,  aud  all  others  that  shouM  rc|»air 
party,  should  have  anns  delivered  to 
tod  that  the  whole  design  should  be  pu 
cution  at  the  breaking  up  of  the  camp 
would  be  the  most  pro|)er  time  for  the 
inv  wita  the  soldiers  in  the  army. 

liut  at  a  meeting  they  had,  some 
August,  at  the  Queen's- head  tavern  i 
Uueeu-street,  near  Lincoln's -ino-fidlda, 
complaining  of  the  delay  in  pultiD^  fj 
sij^n  in  execution,  and  rppraafming 
of  it,  and  withal  prenng  IB  V-^ 
general  and  c 
great  CM 
of  dMiri 


\  %  ccmw^meni  tim«  should  afHer ;  i 
I  iIht  uifiti«»i^  thiit  he  shuuld  be  I 
■MMlnl  to  thin  liglile  |N;r»(tti    la  due  time,  ' 
kiB  «ii0iB    L V  r>'^^  **t'*^iU|  receive  liis  onletP* 
udog-   ills  part,  aiul 


UtKlCl    L 


'ie  24th  tlay  of 
iich  Co  ri<le  out 

,  to  take  tlie  a^r« 
luid  oil  the  '4!<t>th 

^  iicli  went  lo  the 
'\  I*yocli   to  go 

he  wituetii, 
or  piiftols ; 
:it  lie  h«d 

t^dUs  hsurel  iLr  mii>^  |ur<A,  uiicli  iho  |>ri- 
■■0^9  frrrBOi  tntglit  carry  ;    tht*  prisoner  <li- 


U*  mi 


. .  i.i 


,  be- 

witli 


^MO^   ami  titry  rente  li»|tftlb*T  tti wards 
in  EfscJi,   \^kzch  waa  ttie  phtee  tliey 
111. 

wny  s«  they  pruceeded,  Mr.  Layer 

i«iii»«*«M,  ihtil  tUey   «♦'(>■  rft^»ti|if  li>  the 

•I*  thf    lord  N*uth  uh«i  (.ifs,   where  lie 

i|t  as  ii  pur- 

)       VVhcu 

n    tjaVUHi-tloiic, 

.,  furest,  the  |»n- 
k— ,»  ..   ..  .^1  ij  f^at  fciimethihi^f 

Vb*:.  IivC44*^'  '  ill  be  too  lute  for  the 

Wi  ?*"(,- th    ami  huiii  r  t     nr>d   ttccurd* 

•19(91  »l  tl 

ii«ii,  5tiu  .  the  iritnes* 

lia*  tl  ikm  |il»r»,  liif  |in>r,rH  r  uud  Lynch  had 
<»jlku  c^tefcuJtJitjfm,  tthtrLtntl»€fe  Wflsare|ie- 
*«  Mid  cmifi  '  the  w  hole  »l*'ftig^n  and 

^'  '^  man,  in  yiiur  coun- 

i    every  prind|«il 
I  wj|»  to  }ie  c\c- 
' 'I   unto   by 
ai  the  ill* 
^  Ml-  j)r»  junii[i«mN  iisjtr:  i  rr  for  jt,  the 
l»  br  prufUkd   mid  o\i>ei:lcd  from 
|,  fnim  "  ■••-   '-  •''     '    •   ui  London^ 

^  .,iiJ  of  Cadd- 
ie tint  *i  r"  jjurprifiin^  the 
j*lli«  nisnu«  ifMl  in   tlie  plin^ 
•f  tlm  ti&oer  u}«uii  ttid 
^  froQHrdMi  to  ronxiri*  >             ;  jirove 
4irHjy  ind  «xeftmbie  pwt  H  ihe  plan, 
'' ^ktn  »\|ffM*ly  repeated  by  tlie  pri- 
^  i                I M^  dctacbtoeat  lo  «dice 

nwji  iienlaMd  Itia  r 
CDgvgcd  &  |>er> 
^  11%  BIr,  Lytidj,  in  ruf  Lt^ 
I'MHCa^^pmi   and  |:k< 

-    1  ,U»ti  "- 


pressed  his  wi«heii  »o  to  hrin^  matten*  lo  beai> 

thalftlr.  L>nr'     tt"  -'  r     'Irr---     ♦:       ■    *hr    ^ole 

direction  in  ;<  ne 

r»f  ♦.' 'I-^^-  .;ilt| 

aii«:  :ic8 

of  ^La-    ,  —  ■.:    -.,-•-     \.:..^     .-,    ['.^.!'-^J    ■L-u:Lilia- 

i»ii>ner  ot  the  treafioi'y. 

These  }ter«onst  moat  immediate  I  \  intrusted  in 
his  mnjesty'a  service,  wtte  in  the  finit  pltoc« 
to  be  sci/ed,  iii  order  lo  fueilitale  lhedrsi|2riJ,  and 
to  tnake  tl  fuccerafuL  liy  this  mean^  the  etm* 
ii|iirAr<ir-*  were  to  iveakeii  iuu  maje>^tv*«  [K)iver 
of  ddending  himself,  Hhen  they  hatf  deprived 
iiim  of  his  g'eni'ra),  nho  was  lo  commaJid  and 
Ci»i  '  *»*niy  ;  of  his  two  secretaries,  who 

U(  iiiiin  and  carry  on  hiii  iDtelUgeiice  i 

ami  Mi  utt  litsi  cotun)i!^sioner  of  his  Ireasitryy 
who  wus  lo  take  care  for  his  supply. 

At  thi^  pNce  these  things  were  debated  and 
cofiMthred  beiwven  them:  Mr.  Lynch  tbea 
p  lut  I  Htnpiiijut^il  ot  the  lung  delsyf  nnd%vished 
;iff  air  mif^ht  lie  curried  on  with  more  ex- 
1  :  the  prisoner  thought  no  ttitie  so  iitti* 
jier  a»j  the  hreakiiiif  up  of  the  camp,  when  tWy 
rni;;ht  he  supplied  wtih  soldiers;  v«h  hcuaa 
willioir  to  heitr  any  proposal  troro  Sir.  f^yoch, 
Mud  dmred  Mn  ijynch^  thtit  if  he  could  think 
of  any  speedier  mcihodf  or  t>v*tter  sclifine,  lolet 
iiim  know  it :  hnt  the  wiltit^ss  was  not  capable 
to  propose  any  wny  nioie  proper^  than  what 
htid  been  a^reeit  upon  the  tool  of  the  plan,  as  il 
had  bt'en  explained  by  the  prtsooer  himtiellf 
and  therefore  IVIr.  Lyiteh  ivcfjuieiced  therein, 

(lentlenien,  at  that  time^  and  at  the  same 
l^ditcr,  the  overt  act  laid  in  the  iudicfmc nt,  of 
fjublishinjf  the  ti>*asonable  writin«;,  was  coio- 
loilted  ;  which  Han  a  dechi^ton  framed  in  the 
ha(uf\^ntiti|f  of  the  prijionery  to  b«  published 
luiraethately  on  the  first  breaking  out  of  the 
conspiracy,  to  excite  the  king*s>*nbjt«tsto  take 
up  arms,  and  to  rnter  into  a  rebelhon  agnififit 
hini;  and  that  it  mi|i;ht  have  an  inf!uenee  oil 
the  army,  where  their  Im>p«  were  ptaci*d«  it 
took  noUce,  that  thf*  kiu^s  getieral  was  sti£«d| 
and  in  their  custody. 

Iq  this  deciaratioii  particular  rewards  are 
promined  to  llie  horte  and  foot  iu  the  army  ; 
different  alio waDcea  •re  made ;  to  e%t'ry  horse- 
man and  Serjeant  three  f^uineaii ;  two  g-uineiui 
to  every  coriiorah  and  one  njuinea  to  rvcry 
comtttuo  m»kher :  all  had  promises  of  etiooti* 
tmjpMlillli^vour,  ami  future  reward. 

Geotlrmco.  nOcr  this  wa*«  reitd,  the  prifiOQer 
put  this  n  up  into  Win  jmcket  a^^n  ; 

and  ait>  <  he  acfpininted  the  witness) 

he  hiniseh  in»il#»  atx  ahcmtion  iherifia  ;  it  «mi- 
liunn^at  lir%i  a  ^fufrn\  inviifitsoti  to  a  revolt* 
hutwaanol<'  of  any  narli- 

cularperscm.  ^  thoiiifht  til 

aAerwardsio  alter  U,  (ua  he  iiitormed  L}rnch) 
iktvii  to  make  it  ill  the  aatue  of  the  t*reie»Kler, 
aL%  king. 

t.'r  riileroen,  thoujg'h  tb«r  twptt  audi  ^xftretm- 

were  fouodeil  On  eorru|!^ctg'  and  drbkucb- 

the  unny  ;   I  meali«in  ii  only,  as  it  was  their 

tinti  and  de«gti,  without   any  iitspuia- 

hoaoar  or  fidelity  of  the  ^ntkiiitii 


4 

4 


147]  9  GEORGE  I. 

of  the  army :  but  peraons  who  undertake  an  af- 
fair of  this  nature,  are  always  fbrward  to  ex- 
pect their  desigrns  will  he  auccenful. 

This,  (gentlemen,  which  I  have  mentioned  to 
you,  which  will  be  more  fully  and  particularly 
given  in  evidence  to  you,  ap^ainst  tlie  prisoner 
at  the  bar,  was  transacted  and  committed  in 
the  county  of  Essex. 

My  lord,  this  will  be  evidence  of  most  of  the 
overt  acts  alleged  in  the  indictment  in  the 
county  of  Essex;  but  we  sliall  confirm  this 
evidence  by  the  confession  of  the  prisoner, 
proved  by  two  witnesses,  in  whose  presence  he 
acknowledged  the  several  facta  which  will  be 
charged  upon  him  in  the  county  of  Essex,  by 
the  testimony  of  Mr.  Ljrnch ;  and  shall  make 
proof  of  other  overt  acts  m  the  county  of  Mkl- 
dlesex:  for  it  was  impossible  a  design  so  ex- 
tensive should  be  confined  to  one  or  two  parti- 
cular places  within  the  same  county:  their 
consultations  must  be  transferred  from  place  to 
place,  as  opportunity  offered,  and  as  they 
thought  most  conducive  to  the  purpose  they 
were  engageil  in. 

But  the  facts  I  have  mentioned  were  tran- 
sacted, gentlemen,  in  your  county.  After  the 
Jirisoner  and  Mr.  Lynch  had  settled  these  af- 
airs  at  the  Orren-Man,  they  went  to  the  boose 
of  my  lord  North  and  (jrey  at  Eppinff :  they 
■taid  there  all  night,  and  dined  there  the  next 
day  ;  the  witness  was  introduced  and  presented 
to  his  lordship  by  Layer,  and  was  civilly  re* 
ceived  and  entertained;  and  the  prisoner  at 
the  bar,  as  he  and  Lynch  returned  tiome,  ask- 
ed the  witness  how  he  liked  his  lordship,  and 
assured  Mr.  Lynch  for  his  encouragement, 
that  be  had  greatly  recommendeA  him  (the 
witness)  to  his  lordship. 

The  prisoner  and  Lynch  met  a  second  time 
at  the  Lord  North  and  Grey's  house,  where 
Lynch  declared  he  would  withdraw  himself, 
if  things  were  not  put  in  execntion ;  to  which 
Layer  replied,  they  would  be  sooner  put  in 
execution  than  Lynch  imagined. 

Gentlemen,  you  may  perceive,  by  this  evi 
deuce,  the  prisoner's  e'xplanation  or  the  whole 
acheme,  and  his  execution  of  it,  so  far  as  was 
in  his  power ;  though,  blessed  be  God,  these, 
or  any  farther  attempts  of  this  kind,  have  not 
hitlierto  prevailed. 

The  prisoner  proceeds  farther ;  and  the  next 
witness  who  will  be  produced  against  him,  is 
one  who  had  been  a  serieant  in  the  army, 
Matthew  Plonkett.  Plnnkett  had  been  for- 
Oierly  acquainted  with  the  prisoner,  and  doue 
him  a  piece  of  serrice ;  he  was  made  use  of  to 
fescue  some  eoods,  when  they  were  taken  in 
execution  at  Uie  house  where  Layer  lodged, 
which  was  the  beginning  of  their  acquaintance: 
this,  with  some  other  recommendations  from 
persons  engaged  in  this  design,  induced  the 
prisoner  at  the  bar  to  make  oficrs  to  bim,  as 
you  will  bear  from  the  witness. 

In  June  1722,  another  person  of  the  same 
name,  one  James  Plonkett,  was  directed  by 
Mr.  Laj^er  to  go  to  this  seijeant  Plunkett,  and 
dmn  him  to  meet  Layer  ftt  tha  Italian  eoAie- 


Trial  ofChridopher  Layer  ^ 


[148 


house  in  Rnssd-eonrt  The  witntas  eould  not 
at  that  time,  at  least  did  not  think  it  proper  to 
gfo  to  the  place  appointed ;  but  a  day  or  two 
after,  Mr.  Layer  meets  him  in  Lincoln's- inn- 
fields,  and  takes  him  aside  under  s  gate-way 
near  Torn-stile :  Layer  then  told  Plunkett,  he 
vrould  inform  him  of  a  matter  that  would  be  of 

Ciat  advantage  and  benefit  to  bim ;  thero 
yerlet  him  into  this  conspiracy,  and  en- 
gaged  the  witness  in  it,  not  only  by  aasaranea 
and  promise  of  reward,  but  by  actual  reward 
and  money  given  him  ;  and  to  induce  and  to 
encourage  Plunkett  the  more.  Layer  acquaint- 
ed him,  that  there  were  several  peraons  of 
great  estates,  who  were  resolved  to  rescue 
themselves  and  the  nation  from  the  calamilici 
and  slavery  tliat  they  then  endured;  and  that 
they  intencJed  to  bnng  about  a  revolution,  and 
restore  their  king  the  Pretender ;  Plunkett  ob- 
jected, that  the  Pretender  was  a  Papbt ;  bot 
the  prisoner  replied,  there  was  no  diflference 
between  a  Papist  and  a  Lutheran  king,  and 
therefore,  that  ought  to  make  no  impression 
upon  Plunkett,  to  hinder  him  in  joming  to 
bring  in  a  Papist. 

The  prisoner  enquired  of  Plonkett,  whether 
he  had  not  an  aconaintanoe  in  the  army  witli 
some  officers,  and  the  common  aoMiera ;  and 
then  engaged  Plunkett  to  levy  what  peraons  be 
could  into  their  service ;  and  when  tne  witnsi 
told  Layer  he  knew  twenty  or  thirty  serJMots 
in  the  army,  proper  persons  to  be  applied  to, 
the  priaoner  gave  Plnnkett  directions  to  nake 
apfihcation  to  them,  and  to  have  them  enroll- 
ed ;  and  at  that  meeting  the  prisoner  gave  the 
witness  money  for  his  encouragement ;  and  as 
they  had  several  other  meetings  after  thif,  to 
provide  and  levy  men,  the  direction  and  em- 
ployment given  oy  Layer  to  the  witness,  was, 
to  take  care  to  find  out  their  lodgings,  and  to 
make  lists  of  the  men,  of  their  names,  and 
places  of  abode,  that  they  might  be  ready  upon 
notice. 

The  prisoner  not  only  emptoyed  Plunkett  to 
procure  and  enrol  as  many  as  he  could  get, 
oot  gave  him  money  for  one  particular  person, 
one  ChiM,  who  had  served  m  the  army,  and 
who  waa  recommended  to  Laver  bv  Plunkett, 
as  a  person  that  had  been  diaobliged  by  having 
been  turned  out  of  the  service ;  Layer  himaclf 
gave  Plunkett  half  a  guinea,  for  to  give  to  this 
person,  to  engage  bim  in  thia  conspiracy, 
which  Plunkett  accordingly  paid  Child :  Layer 
likewise  ordered  money  at  other  timea  to  be 
given  to  Plunkett,  and  at  one  time  particniarly 
acquainted  him,  that  the  prisoner  had  left  a 
gumea  with  one  Jefieries  a  non-juring  parMn, 
to  fjive  to  him,  who  had  given  Plonkett  bat 
halt  a  guinea. 

The  prisoner  at  the  bar,  to  eoconnige  P1ud« 
kett,  acquainted  him  with  the  perMns  wbeiH 
Layer  expected  to  join  in  this  oonspincy ;  and . 
asked  the  witnesa  hb  opinkm  of  aeveval ;  the 
witness  will  tell  yon  the  nanaa  of  the  ponaaef 
and  what  answers  he  gave ;  pnctiealulyithaft 
Layer  asked  him  what  betboaghtor.tbiliiid 
North  and  Orej  for  aa.aao«.t».MaMW^ 


fof  Nigh  Treasan. 

%mAl    Thmm^kJUtm  tntwered,  though  h«  h»d 
Mrred  amler  himt  he  luoked  u(>oq  \m 

1  DMeliiifl^s  at  s<;veral  times^  nhea 

VMnl  bitii,  ih&i  thiii^  were  in  m 

f-f«rw«tti5«if,  though  It  wiij*  nut  yet  a 

!*•  i^iii  ilictr  «J(»ign  III  ex^^ulioti :  but  it 

\%eW.    thnt  it  could  iitit  miiCarry  ; 

.  tbc  r  'Mooud  wjts  lo  cume  waU  a 

Eiih.^<  antj  (iHfte^rv  ;    an«i  that  the 

■  Ibad   h«firt»  liifecovercd  to  the  French  aiii- 

%vUo   haii  (riven  iaidligeuoe  thereuf 

Mjesiy,  vr  d«e  the  atfair  h«<i  Uteea  done 

\  IHunkett  wft«  emp1(»ved,  fmm  time  to 

»  |X«(»*ce  hft«  of,  auu  to  collect  anil  eti* 

penoos  to  go  on  with  this  deiiigD ;  and 

ijp  tt  number  of  aetrjeanis,  about  35« 

(rom  the  ftrmy,  the  |>ri^>nt!r 

Plankett  to  go  imme«hately  tti  ihoti^ 

]  take  core  to  secMire  them. 

iraitorouB  cx-msults  aod 
were  in  July  and  August :  aod 
irill  acquaiot  you  more  j'ully  with 
I  ponicuiar«.  There  vraa  one  encou* 
{  f*hich  the  prisoner  guve  to  this  wit- 
wrn^  itiiicli  he  did  not  tuention  to  itie  other : 
Itftiilil  Flnsketi  there  would  be  an  army  of 
INiek  to  come  over  in  aid  of  his  majesty  \  but 
\  ahouUI  aee  a  Dumber  of  half- nay 
,  «if»ociftlly  tbofte  of  the  name  of  Fitz* 
m  ike  sjJe  of  hiii  king  (the  Pretender,) 
bH  llMir  CNMild  not  doubl  of  succeis. 
^mmmtm^  niKler  iheite  encourageunentsand 
,  aod  witia  these  rewards,  buth  these 
s»  tbe  two  witne«^ea»  were  engajjed  h^ 

^  lo  enter  into,  and  go  on  w  iih,  this 

tbf  prisoner  met  ihenn  a^»»rt  from 
rtatime;    they  concerted  and  carriod  on 
a  oa  they  thought  prDjj^r  to  exe- 
oie  tkis  dcaigii^  ufK>n  the  foot  of  the  plan, 
en  tueutiunedy  and  will  be  pro- 
I  lit  jon. 

w^  have  produced  the  ichetne,  and 

dmtuioed  these  two  wknestte^,  who 

I  flee  j«ii  ai  account  ot  the  pm^^rt'oa  which 

prWOtt'  tnade  in  thiji  treaaon  ;  we  bhull 

etw oilier  plain  and  erident  pruof,  whiih 

\  ieOMNMlnt*  the  Ireaaonable  itiUrnt  of  the 

r  •!  Ike  bar»  and  liit  ho^^es  of  (tuccc^. 
W«i  ekAll  profe  thai  tiie  prtaoner  had  been 
ti  Hamii,  aad  by  hia  own  cuofessiun,  that  he 
bi  eMO  Um  Pret«uder,  and  had  confcrenoea 

Mm^kuSk  proife  thai  the  priaoner  bad  blank 
pmmimmfj  notea,  or  receipts  \m  tnoney*  signed 
vili  ite  FrHetuier  a  «jwu  hand,  by  the  aaauioed 
lib  «f  Jamaa  Ilex,  founii  iimongit  Layer'a 
■lytn,  lakiicli  were  remittal  to  him  from 
MM^aml  which  he  has  1   were 

telurer  lo  liim,  for  mitiM  carry 

•ilbecAiaea  irf  the  Fr<:tciiiH  i  i  uis  is  ci  sti-iMi*^ 
mkhmat  <lC  Uhi  tnui  mnA  crctht  reposed  in  liioi 
la  dsoalt^  **"''  ^-'^^piracy;  ihai  the  prntoucr 
bap(r%et4  ^uated;  thf«  rcct^iptx  Kre  m 

Uiw^  saMl  ^'^  ,  :i»oner  bod  power  to  raii^e 
Mmtf  9m  liianif  Mid  lo  MX  \k^m  up  wttb 


A.  a  1722.  [130 

aueh  tnma,  as  he  thought  proper  and  necei- 

sary. 

Genilemenf  on  I  he  examination  of  oar  wtt* 
neasea  it  will  appear  Uiat  >1r.  Layer  declariHl 
be  hid  ex|iended  i^reiit  aurnsi  of  money  in  thia 
affair^  and  that  he  has  made  it  an  e.^cuaie,  »  by 
he  hitd  tkvl  money  to  iupply  some  demaiutay 
because  he  hud  disbursed  tio  luucli. 

This  therefore  was  lo  be  his  fijll  power  to 
raiue  money  toward*  bringing  the  Pretender  to 
the  throne. 

Besidea  these  receipts,  he  had  furnished  hinw 
self  with  lists  of  the  othcers  of  the  i^rmy,  io 
order  t>>  know  the  nit  nation  and  condition  of  the 
arnty,and  to  coivsider  what  adraiUa^e  he  could 
make  by  any  of  those  in  the  tUt^  :  he  had  pro- 
vided bunserf  with  lists  of  the  otficers  cd  ittd 
Tower,  which  we  apprehend  was  to  render  the 
design  of  sei2ing  the  Tower,  wlten  their  fnenti 
the  ofBcer  was  on  the  guards  more  probable  and 
hopeful. 

Besides  this,  we  ha?e  letters  which  will  be 
produced,  that  pa&aed  bet w oca  sir  VVilliain 
Ellia,  an  adherent  of  the  Pretender^^  at  Rotne« 
and  Mr.  Layer,  by  the  name  of  Fountaioe,  (a 
name  he  went  by)  encouraging  him  to  go  on 
with  this  design  :  we  ha^e  the  cypher,  anti  the 
explanation  of  the  cant  words  uaed  in  those 
letters.  In  one  letter  £ili^  says,  the  best  me- 
thod of  carrying  on  tl*e  manufactory  (which  ia 
the  insurrection)  is  to  get  gooi]  workmcu,  (by 
which  is  meant  sohiiers)  and  particularly  to 
gain  some  of  the  ablest  of  Mrs.  Barbara  .Smith's, 
(by  Mrs.  Barbara  Hmith  is  signified  the  army) 
and  this  wouhl  be  very  agreeable  to  all  con* 
cerned,  particularly  to  Mr.  Atkins  (which  by 
their  cypher  or  key  is  a  nanie  for  the  Pre* 
teudett) 

And  in  another  letter  there  is  particular  men- 
tion of  Mr.  Layer's  iuteiided  general; )  on  will  tind 
in  the  letter  an  explanation  of  him«  tims  ;  that 
he,  who  tlip  prisoner  in  his  letter  called  Siiiioo8» 
and  described  asa  teuanli  though  his  name  was 
not  then  found  in  the  rental,  this  writer  b*?- 
tievcd  he  should  be  called  Simme$,and  say^  he 
is  of  the  Norti),  a  grey *h aired  ancient  uiaa,  for 
whom  his  frieud  has  a  particular  esteem  and 
value,  as  a  very  good  tenant.  This  is  the  de- 
scription, and  this  is  the  cant  that  pass«d  be« 
tweenthem;  the  eKplauation  you  will  ii|»pre- 
hcnd,  by  the  cyphers  that  were  found  amungsi 
the  nrtsooer's  paperi>. 

Mr.  Layer  was  not  wanting  in  oilier  prepa* 
rations  for  this  attempt;  for  he  had  jtrovided 
arms  in  his  own  house,  more  than  he  could 
have  occasion  for,  as  a  private  subjtxa;  he  had 
several  mnskets  and  other  fire-arinn;  he  had 
forty  or  filly  cartridges,  hHuled  with  bullets^ 
ready  made  up  far  m  manv  discharges,  which 
might  be  delivered  out  to  the  ^reoplc  who  should 
come  in  to  them :  it  he  hud  any  use  for  KUcb  a 
ijuantity  he  will  «hew  upon  whatocciu«jtm. 

The  discovery  of  \\\v  tacts  made  hy  the  wit- 
oeasos  occ^asioned  the  apprvheudiiig  Mr.  liay«r, 
in  whose  house  these  arma  wera  likewuMi 
seixed. 

Mr.  Layer  tf  as  to  coosdous  of  his  owo  guUU 


I 
I 


4 

I 

ii 

i 


151] 


9  GEORGE  I. 


Ttial  ofChrutopher  Layer, 


[152 


that  aAer  lie  was  apprehended,  he  made  his 
<>8cape  out  of  the  custofly  of  the  Diessenger  io 
whose  house  he  was  placed  ;  he  offered  a  great 
reward  to  watermen  to  carry  him  off:  this  is  a 
demonstration  of  his  guilt,  Irom  the  con?iction 
of  bis  own  conscience. 

Gentlemen,  there  are  some  other  matters 
and  papers  which  it  will  be  proper  to  offer  to 
your  consideration ;  and  most  of  these  parti- 
cular facts,  which  I  have  mentioned,  or  the 
most  material  of  them,  have  been  confirmed  by 
Mr,  Laser's  own  confession  which  he  iiiaile 
upon  his  examination  before  the  lords  of  the 
privy  council.  And  when  we  have  hiiil  before 
3foo'this  evidence,  as  according  to  my  instruc- 
tions we  shall  very  fully,  I  do  not  doubt  but 
that  yoo  will  do  your  duty  as  liouest  men. 

Yfe  do  not  apply  to  your  zeal,  as  yon  are 
Protestants  and  Lnglisbmen  ;  but  upon  the 
weight  of  the  evidence,  we  shall  appeal  to  yonr 
justice,  to  your  oaths,  and  to  your  consciences, 
whether  u|m>ii  tlie  whole  pnx'if  tii  be  laid  before 
yoQ,  ]^ou  will  not  remain  fully  satisfied,  that 
the  prisoner  at  the  bar  is  Guilty  of  the  high- 
treason  whereof  he  stands  indicted,  and  then 
that  you  do  find  him  so. 

Att,  Gen,  May  it  please  your  lordship,  and 
you  gentlemen  of  the  jury,  I  am  counsel  on  the 
same  side  for  his  majesty  against  the  prisoner 
■t  the  bar,  who  s^nds  radicted  for  high-treason, 
in  compassing  and  imagining  the  death  of  the 
king.  The  preservation  of  Uic  life  of  the  king 
is  of  that  great  importance  to  the  safety  and 
|yro8perity  of  his  subjects,  that  even  imagina- 
tions and  intentions  (which  are  but  aou  of  tiie 
heart)  to  take  it  away,  manifested  by  overt-acts, 
are  an  offence  of  the  highest  nature  which  the 
law  takes  notice  of;  but  as  imaginations  and 
intentions  of  men  are  secret,  and  cannot  be  dis- 
covered but  by  their  actions,  there  inuift  be 
proof  of  some  fact  done  in  order  to  carry  such 
intentions  into  execution,  to  make  the  offenders 
ffuilty  of  treason :  therefore  in  this  indictment 
five  several  overt- acts  are  laid ;  the  first  is,  that 
the  prisoner  at  the  bar  proposed,  consulted  and 
agrrad  with  divers  persons  unknown  to  the 
grand  jury,  to  raise  an  insurrection  and  rebel- 
lion within  this  kingdom  against  his  majesty  ; 
the  second,  that  he  published  a  traitorous  writ- 
ing, purportinijr  an  exhortation,  encouragement 
and  promise  ot  rewards,  to  persuade  his  roajes  • 
t^'s  faithful  sulijects  to  take  nn  arras  against 
faim ;  the  thinl,  that  he  pmu«ise(i,  consulte<l  and 
agreed  to  set  the  Pretender  on  the  throne  by 
armed  force;  the  fourth,  that  he  listed  men  to 
levy  war  against  the  king  ;  and  the  fifth,  that 
he  proposed,  consul  led  and  n;rrfed  t<»  seize  and 
imprison  his  majesty '»  sarred  |>fTM)n. 

Gentlemen  ot  the  jury,  y«ii  ivill  readily 
agrte  with  me  thnt  nothiiig  can  he  inoredreail- 
ful  to  a  true  Hritfin  m  ho  hath  anv  regard  to 
hiinsc;l''or  his  posterity,  or  love  to  Lis  country, 
than  the  fa*al  conMei|Uenc«^  that  must  have 
inevitahly  aitendeil  such  wicked  designsy  had 
they  been  carried  intp  executioa  with  sooOMix 
aupposearebeliioa  bsdheio  «iiy  ttlirt,  t>Hit. 


could  any  man  have  expected  from  a  rebdlioa 
in  the  heart  of  the  kingdom,  but  plaodcr  aoi 
rapine  and  murder,  a  total  suspeoBMi  of  all  civ3 
n^h%  and  as  long  as  the  storm  bad  oontinaed, 
a  just  but  terrible  apprebensions  of  aooielluBlf 
vet  worse  to  come :  This  would  certainly  have 
been  the  case,  though  the  attempt  shoubl  hara 
been  disappointed  at  last.  But  bad  k  beea  a^ 
tended  with  success,  had  his  UMJesty's  sMni 
person  been  seized  and  ioiprisoiied,  and  hai 
the  Pretender  been  placed  on  the  throne,  whit 
a  scene  of  misery  had  opened !  A  mild  adan^ 
nistration,  goveroe«l  by  the  law  of  tbe^  lasHl 
under  an  excellent  prince,  and  as  just  aad  loar* 
ciful  as  ever  wore  the  crown,  must  have  given 
way  to  arbitrary  power ;  all  vour  estaln  aoi 
properties  must  liave  been  at  the  will  of  a  pro- 
voked  and  exasperated  usurper;  liberty  ranst 
have  given  way  to  slavery,  and  the  best  of  re- 
ligions to  popish  idolatry  and  superstitiott ;  aad 
this,  humanly  speaking,  without  any  prospect 
or  hopes  of  relief:  Nor  would  lliese  dresilful 
calamities  have  been  confined  withinihe boundi 
of  the  king's  doiuinious,  for  should  the  preaeot 
happy  estaidishnient  in  his  mnjesty  and  his 
royal  family  (the  chief  bulwark  and  support  of 
the  Protestant  inUrest)  be  destroyed,  the  Fn* 
tetktant  religion  in  general  must  be  redooed  to 
the  lowest  ebb,  if  not  totallv  extinguishod. 

This  is  the  nature  of  the  crime,  and  Ibaso 
some  of  the  fstal  consequences  that  most  havo 
ensued,  if  the  de^sigus  charged  upon  tho  pii- 
soner  by  the  indictment  had  took  eflect.  Ml 
whether  he  is  guilty  of  this  great  uffs 
is  what  you,  gentlemen  of  the  jury,  i 
to  try. 

My  lord,  it  is  my  part  to  open  the  oatoiw  of 
the  evidence  that  we  shall  produce  to  provo  the 
several  overt- acts  laid  in  the  indictment ;  and 
in  stating  it  to  your  lordship  and  tho  jury,  I 
shall  follow  the  course  of  time  in  which  the 
facts  were  done,  that  the  case  may  be  more 
easily  apprehended,  and  shall  opni  notlitrilg  bol 
what  1  believe  will  be  clearly  verifietl  by  proof* 

I'his  prisoner  at  the  bar,  though  brou|(iit  up 
to  the  profession  of  the  law,  and  a  pracCiser  is 
it,  went  beyond  sea  in  the  vear  1790,  aod  at 
tlie  close  of  that  year,  acconliiig  to  our  stile,  or 
the  beginning  of  tho  yesr  1731,  arrived  at 
Rome,  H here  the  Pretender  then  was;  while 
the  prisoner  was  there,  he  piocured  himself  to 
Im*  iotro<luceil  to  the  Pretender,  and  had  two  pri* 
« ate  conferences  wiiii  him,  in  which  (but  by- 
what  niftliods  or  representation  is  best  knowe 
to  hiinseif){tis  plain  he  ohtained  the  Pretender's 
gomi  opinion  so  far,  that  he  thought  him  a  fit 
l»ersoii  in  whom  a  confidence  for  carrying  oa 
any  designs  sgainst  his  majesty,  and  for  setting 
himself  on  the  throne,  might  be  safely  ra* 
\wieA :  For  this  purpose  a  correspondeDOO  %raa 
then  settled  between  the  prisoner  and  sone: 
persons  of  distinction  about  the  Preteeder,  and 
a  cypher  of  names,  of  persons  aod  tbingi  wa» 
agreed  on,  in  order  to  carry  this  eorrcipondenea- 
on.  The  prisoner  retnned  to  Englandabeni- 
Jnlj  mif  liter  whiih  ha  wril  leilHi  la  M 


oat  irtm  thecic«,  wbcretiy  it « 


t  will  ftppear,  tbftt 
eoQsidcrable  piiit 
eftfT^rtiT^  on  to  bring  the 
p9l0mdm  m;  mmI  ftllbuunb  lU^^e  letters  are  in 
i^amaod  cant  lertnA,  mod  iictitiouii  names, 
^  If  Ikv  iMlp  of  ibe  c)^|iber,  and  from  ttie 
wamm  id  iIms  toUtw  UimMlires,  it  irill  easily 
underKtandiof^  for  ivbat 
writ :  Ttitfl  cypber  and 
|ifii9e  to  biife  bt*en  found 
Vte  tMfiertf  wbicb  were  mmteil 
tutmnimi,  and  your  lordsbip 
[Tilf  lit  jmy  wiit  tee,  nbeu  they  come  to  be 
Mattel  poiwiibfttiftoding  the  obscure  terms, 
1^  i»  aiysterioiti  expraMiou*  inaerted  to 
teife  ite  eye  of  the  remleri  whev  cooi  pared 
•^  ^kmryyhtr  tbey  will  be  •oiuteUij^ble,  that 
^tj  wdi  ht  m.  |>Him  (%f  ideate  that  a  design  was 
oo  of  raising  a  ^nerai  rebeliiofi  in 
^  Uie  Prelender  $  for  which  purfioaes  a 
iflffwaa  prepared,  which  we  shall 


^  liAre  YOar  lordaliip  and  I  lie  fifentlomen  of 
4fcr|0fy,  ifiai  WIS  likewtte  found  aoioog  the 
fOMer**  fiapOT ;  we  shall  prove  it  to  be  writ 
^bb^ewo  hand, 

llr.8v>}«uil  Peo^lv  openrd  the  nitureof 
^•^ia«  very  folly,  I  flball  not  trooble  your 
MiMfia  Willi  a  rcf petition  of  ^vbat  be  sard  ^ 
I  AtfOCDC*  to  be  read  it  wdl  appear  to  be 


olMlitei  §^  m  |[%neral  rhtm^,  it  will  prove  a 
ipsel  liawgw  to  aeise  the  Tower »  to  seize 
fummB  iw  (teait  itatioQa^  to  seize  the  Bank,  and 
tt^  at  ImA  Io  aetZ47  the  person  Qi  the  king^ 
fo  setae  his  royal  highnesf  the 
rof  Wales.  Thi%  we  apprebeud,  will  W 
f  mimcG  of  the  oxert-ocUi  laid  in  (he 
,  wmI  WfU  confirm  the  testimonies  of 

\  m\Uth  we  shall  prod  ore, 
if*  two  witnesses  we  »ball  call  to 
m  aeerl  act*  laid  in  the  indictmeni, 
^tf  kmwm  already  bcc-o  mentioned  to  your 
lbHki|»|  Mr.  Mil  fiiir-n  T.vni  h,  and  tcrjeant 
**    '     '^  Plimt'  1 1  will  prove  the 

hctment  to  have 
aieil  on«*r  in  the  county 

tslier*  unent  was  fuuod  ;  as 

» ttf  ihe  »tiu»e  iijiliire  committed 
i  m  the  comity  of  Mtdille«frx>     Hut  as  it 
tio  fall  dircvtly  upou  tbe  proof  of 
witboul  liriit  pniving'  fuime  other 
iMto^  w«y  i»f  iutn.^i  ',nw  the  or- 

tMMHprbHween  M  :epnioner 

■  lilif  beffaa,  and  hi'v  wry  came  ti>  be  so 
»  Loriit4!'r  trilo  a  lieKitrn  of  thii  nature, 
Will  giva  your  lord>»)iip«  »ml  (be 
ai  i  that  there  had  lieeu  anjUHint' 
tliis  Ml.  Lynch  ai^d  one   Dr, 
Nbrf^sf  siflK  or  nine  years  ago ;  that  they 
r*'lK-llion  which   was 
'<i  rei^n;  aher 
r  youo  sea,  and 
'  d  in  Eng- 
uince  con^ 
"c  nut  altered; 
,  liey,   Dr.  Mur- 
ttr^n  iTiftiiMMird  U>  your  lord- 
fiUOO  in  tlitt  outirt  iind  is  not 


now  to  bf  fontid,  btit  bad  a  great  acquainianee 
with  the  prisoner  at  tbe  bar)  told  liim  be  bad 
sometbing^  advanta^ous  to  commumcate  tt» 
hi m,  and  ap|>uinted  a  meeting  next  morning  at  a 
coflce-honselu  ( '(jrabiil,  where  ibey  accord  m^ly 
raet ;  and  Murpbey  then  advised  Kim  not  to  go 
out  of  Englarto,  because  be  had  an  opportunity 
of  making  his  fortune,  tellings  him  there  wt»UHl 
he  a  general  rijiinff  in  favour  uf  the  Pretender 
(whom  be  called  king)  aiul  that  it  wjts  carried 
oo  bv  gentlemen  of  note  and  credit ;  and  if  h^ 
wonid  accept  of  the  KervicCf  he  would  rp^oiii* 
mend  him  to  one  greaily  concerned  in  that  af- 
&ir ;  Mr.  Lynch,  after  cousideraliouf  agreed  to 
stay. — ^At\er  several  other  meetings  belweeii 
this  Dr.  Mur|)hey  and  Mr.  Lynch »  at  which 
tlieir  discourse  generally  turned  upon  this  in- 
tended rising:  about  the  bf  ginning'  of  June, 
Dr,  Mnrpbey  tntrodaced  Wr.  Lynch  to  tlie 
prtaoner,  as  a  person  tit  to  be  entrusted  in  the 
mtended  enterprise;  they  went  to  the  Grtfiii} 
tavern  in  Holbom ;  !VTr.  Layer  there  expressed 
tbe  good  opinion  he  had  of  Mr,  Lynch  upon 
the  character  he  had  received  of  him  from  so 
good  a  friend  as  this  Dr.  Rlurnhey.  They  soon 
entered  u|»on  bu!»iiies5^  and  ttic  prisoner,  after 
having  made  a  ri^ presentation  of  the  uueasiness 
of  tbe  nation  in  genend,  and  of  the  tair  op- 
portunity there  was  to  bring  about  a  revolution^ 
proposed  to  f^Ir.  L^iich  to  setxe  some  general ; 
to  which  tbe  witness  agreed.  After  this  they 
had  several  other  meetings^  at  which  the  din* 
course  turneil  upon  the  same  subject  of  a  ge- 
neral rising  in  order  to  set  the  Pretender  on  the 
throne,  and  at  one  of  them  the  piisonvr  de- 
clared he  intended  Lynch  should  %e}ze  the  earl 
of  CJadogan,  and  that  the  scheuie  was  laid  on  a 
souikJ  foundation,  having  a  ^reat  nisiu  at  tbe 
head  of  aflair8,  who  ^^  anted  neither  wit,  couiuge 
nor  rebohition,  ai»d  he  would  be  backed  by  his 
friends.  Several  other  proposrtionfei  were  made 
by  the  prisoner  tending  to  the  same  end  ;  to  all 
which  Mr.  Lynch  a»^r«'ed,  and  ihey  con>»ulteii 
how  ihtry  mi^ht  put  those  thmgis  in  executiou. 
Id  July  last,  Mr.  Layer  went  into  the  country 
tbr  fnurteeu  or  fiftern  dayfi,  and  alWr  his  return 
in  the  beginning  o»  AogUMt,  in  pursuance  of 
what  the^  had  ctinc«rrl^il|  [VI r.  L\ncb  and  he 
went  to  View  the  earl  uf  Cadogan*s  house,  to  scflt 
hnw  practicable  that  design  of  seizitig  him  at 
\ns  hou&ti  was.  Mr.  Lyneli  thought  it  feasi- 
ble ;  but  he  grew  uneasy  at  delays,  anil  fre- 
fjiiently  told  the  prisoner  thai  hi^  circumstances 
would  not  permit  liiin  to  rnntioue    here  at  bia 

own  ex|»f^ :  ''    t  retort*  to  eitcourage  him  to 

i»ia\,  ftik'l  tn  the  design,  Mr,  Layer 

gnvehiiii.^ iimsof  money. 

My  lord,  upon  the  '24th  (d*  August  last,  tbo 
prisoner  and  Mr.  L^  nch  iigreetl  to  rideou>  the 
next  day  to  tsike  the  atr  t  on  thi*  25th »  accord- 
ing to  appointment,  (which  hringH  u^  no%v  to 
the  overt- acts  in  the  county  of  K<sex)  they 
rid  out  together  ;  the  prisoner  thought  it  proper 
to  ride  with  armn,  allegiug  that  he  had  things 
about  hill)  he  ^«outd  not  lose  for  any  thing  m 
the  worliL  Upon  the  road  he  told  Mr.  Lynch 
they   would    go  to    lord  North   and  Grey's^ 


I 


155]  9  GEORGE  L 

with  whom  the  prisoner  bad  the  hoaour  to  be 
well  acqimintecl,  ami  be  woiilil  present  Mr. 
I'yncfa  to  my  lortl  as  bis  itarticular  acquaint- 
Alice.  1 1  hAppened  to  l>e  toti  lata  to  get  to  lord 
North  and  Grey^s  b^'  d inner,  whereupon  they 
put  in  at  the  Green^AJan  near  Epping  forest, 
whichi  genttemtnt  Uat  La^^  too*  St  one  in  your 
county.  Dinner  not  bein^  ready  at  their  com  - 
iug;  thttbrr^  the^'  entered  into  conversation  on 
the  former  topics,  and  Mr.  Lynch  di^iriu)^ 
to  give  bim  &ome  in^sifirht  into  the  scheme 
that  was  formed,  the  whole  subjeci  matter  of 
Ihejr  former  c(insu1lation«  and  discourses  were 
repeated  about  seizing  lord  CaiJog^u,  seizini^ 
the  minister*  of  atate,  of  g'eitJnf^  part  u^  the 
army  to  declare  for  them,  and  for  seizing  the 
Itiug's  person  ;  and  tbeae  thiniy^  were  then 
agreed  to  by  them.  At  this  place  it  was,  tbst 
the  prisoner  pullet)  out  of  bis  pocket,  and 
abewed  lo  Mr,  Lynch  the  traitorous  writing 
laid  in  the  indictment,  >thicb  was  a  declara>' 
lion  to  encourage  a  general  ritiinof,  writ,  as  the 
witness  lielieres,  ia  the  prisoner's  ovru  band ; 
ttod  that  part  wliicb  contained  the  pronusea  of 
rewards  lo  be  given  to  the  soldiers  and  other 
persons  to  encourage  Ibem  to  come  into  tbeir 
deiigns,  was  readby  tbc  witness;  after  whicli 
Mr.  Layer  took  bis  paper  awny,  and  put  it  up 
10  ht«  pocket  again*  My  lord,  wben  they  had 
dinedf  they  went  on  to  lord  North  and  Grey's 
bouse  (whom  your  lordsbip  will  bear  men- 
tioned by  the  evidence  as  tne  person  thought 
on  to  be  general  in  this  undertaking)  ;  they 
staid  there  that  mj^hl^  and  dined  there  next 
day,  and  afterwards  they  had  a  second  meetiog 
at  lord  North  and  Greyed.  Your  lordiibip  and 
the  jury  wiil  be  pleased  lo  observe,  that  this 
evidence  will  be  a  full  and  positive  proof  by 
t\uH  witness,  that  the  overt- acts  by  pubbsbiug 
ibis  traitonms  writing,  encouraging  persons 
to  lake  up  arms  against  bis  majesty,  of  ibe 
consultations  and  at^reeiDent  to  levy  war,  lo 
•ei  tbe  Pretender  ou  the  throne,  and  to  seize 
liis  neiajesty's  person,  were  done  at  the  Green- 
MtDp  in  the  county  of  Essex :  and  this  will 
likewise  be  an  evidence,  that  all  the  overt* acts 
laid  in  the  indictment  (except  publishing  tbe 
traitorous  vtritiag)  were  done  in  the  county  of 
Middlesex. 

(Hy  lord,  tbe  next  witneKs  we  shall  produce 
is  Matthew  Plunkett,  formt'rly  a  seijeant  in 
»ome  regiment;  be  had  been  formerly  ac- 
qnainteil  with,  and  bad  l»een  serviceable  (otbe 
prisoner,  and  was  very  well  acquainted  wiib 
one  Jarnes  Plunkett,  which  James  Plunkett 
was  a  great  acouaintance  of  tbe  prisoner's. 
This  James  Plun Kelt  desired  tbe  witness,  Mat- 
thew Pbmkelt,  to  meet  tbe  prisoner  in  July 
last  at  tbe  Italian  cotfee- house  in  Unssel-court, 
which  tbe  witness  could  not  comply  with  ;  but 
the  witness  met  the  prisoner  tbe  Sunday  fol* 
lowing  in  Ltncoln^s-mn- fields;  they  were  to- 
gether near  an  hour,  lh«  prisoner  gave  bim 
an  account  ol*  the  intended  general  rising,  and 
asked  Ibe  witness  if  be  knew  any  otd  serj crania 
m  soldier !j  who  can  discipline  a  mob,  agreed 
with  lum  to  procure  ^udi^  meuLioufid  to  him 


Trial  ofGhmi&phw  Lot/er^  [  1 50 

several  persons  fit  to  Lie  al  tbc  bead  of  ibbi 
eolerprize ;  and  in  ord*'r  to  make  bim  ditig<*ai, 
be  gave  bim  at  that  time  half  a  crown  :  iia«| 
money  was  not  only  given  bim  at  that  time, 
but  a  promise  was  made  io  him  of  lurtbor  re* 
ivards.  The  prisoner  having  ocCDHiim  ti*  ^o 
in  the  country,  one  Jiffi eys»  a  no«iiini*|£  vimr* 
gyuian,  was  sent  to  Matthew  i'ltinkt-tt  by 
Layer  (and  ibis  fact  tbai  I  am  going  to  op«;« 
must  not  be  iMirely  coiisidered  as  an  a^H  tie« 
tweeu  Jeffreys  and  Plunkett,  but  it  wiU  b« 
brought  directly  home  to  tbe  aut  of  Layer 
bimseill)  Jeffreys  lold  Plttnkelt  hi»  cam« 
from  tbe  prisoner,  and  that  be  was  eoipJoye^ 
by  him  to  go  to  such  as  the  wittiess  vmIl,  wb^ 
were  old  seijeanis,  to  get  a  ntiinber  of  ikeoi  In* 
getber  to  dbctpUoe  the  mob,  in  order  to  tbe  ge» 
neral  rising:  the  next  day  they  met  again, 
and  hail  (he  bke  discourse,  and  Jefii'eys  gait 
Matthew  Plunkett  half  a  guinea;  and  what 
brings  tliis  borne  to  the  prisoner,  is,  Uiat  btti 
told  Plunkett  he  had  left  a  guinea  with  I  ha 
nonjuring  parson  to  give  him,  and  talkeil  witli 
him  on  the  same  subject  that  Jetfreys  had  dia« 
coursed  tbe  witness  bdbrfl.  But  iu  tact  Jcf* 
freys  dtd  not  give  Plunkett  the  guinea,  bec^ve 
him  but  half  a  guinea. 

My  lord,  atler  Mr*  Layer  went  out  of  towti,< 
Pliinkpit  gave  bim  an  account  what  progrcas 
he  had  made  in  theatfair.  Plunkett  told  hi«ii 
that  be  bad  got  several  old  soldiers  that  woulil 
bear  a  part  in  this  business :  the  prisoner  atid 
he  must  take  care  lo  keep  a  list  of  ibeir  nam«t»4 
and  tbe  places  where  they  bved,  that  the/ 
might  be  in  a  readiness  when  they  fihoulil 
have  occasion  for  them.  And  on  KJunday  Ixffort 
tlie  prisoner  was  lakeii  up,  be  told  lUJi 
Plunfceit  that  a  great  many  of  bis  countrymiatL 
were  turned  out  of  the  guards,  and  aj»ked  him, 
if  he  knew  where  tbey  lo^lp^ed ;  and  upon  ih^i 
witnesit'ti  answer  ihal  be  ditl  not,  the  prisoner 
directed  bim  to  take  a  list  of  their  namen,  and 
places  where  tbey  lodged,  that  he  might  hate 
them  when  occasion  required,  8o  lliut  iim 
is  Mr  Lynch  a  p4>sitive  witness  as  to  tbe  ov«f«* 
acts  iu  Essex;  Mr.  Lynch  and  Mr.  Pbiu[ 
(losilive  as  to  the  overt- sets  in  Middlesex^ 
tbeir  testimony  confirmed  by  the  scf 
under  tbe  prisoner's    own    hand,    and 

iiapers,  which  we  shall  produce,  found  ai 
lis  papers  wbi^^b  will  leave  no  room  to 
of  the  truth  of  their  evidence*  Besides,  ray 
lord,  tbe  prisoner  boing  seized  in  Heptembef 
last,  we  shall  give  an  account  when  he  waa  itt 
custody  of  a  messenger,  locked  up  in  a  rooia 
two  pair  of  stairs  bit^^b,  be  made  a  shift  to  niika 
bis  escape,  got  to  the  water- side»  and  goi  m 
scuUer  to  carry  htcD  over  the  river  ;  he  aolii* 
ally  got  over  tbe  river,  but  be  was  relaktia 
again  in  8t.  George' ■> fields,  and  brought  back 
to  tbe  messenger,  and  offereil  very  considerable 
sums  to  tbe  persons  who  retook  hiro  to  let  hinr 
go.  I  believe  it  is  hardly  to  be  imagined,  a 
person  perfectly  innocent  would  venture  lo  uei 
out  of  a  room  two  story  bi^h,  and  in  the 
manner  he  did,  and  offer  to  give  such  a  retrard' 
la  the  persgu9  whg  retook  litm  to  ki  bun  g«i 


rOv«f«. 

Inukii^ 

M 

kdoaBn 


«fvb» 


fm  High  Trcmm, 

b^eomeSoas  to  liimacirthat  he 
T^iit  ilAHifpr.  There  were  like- 
in  bis  hfiuiic  arms  more  tliau  n^< 
fbr  bis  iiB€,  mod  which  he  has  con- 
MPTO  lo   lie  uted  d'  thero  had  been  a 


iljicfrf,  to  ccirrotiorftre  the  IcgUmony  of  tlie 
•ita««s,  we  »!i-"  '-^  hefore  yaur  lunUhip 
■ii  ill*  ffratlcv  hf*  j'^^'y*  *''^   fie?eral 

S«4ieli  Wk,^  .  ,;i,;.3,  I  mAv  s»y,  i»  Mr, 
i«Mciclv;  I   lion't  stiy  tfiey  were  ac* 
Ako  »fi  Itiri  <  u'UmIv.  ImiI  it  will  come  to 
ll*««»ili  livtTctl  them  in 

iM^nl'  I    '  wiiiiesfl*  whom 

•9  tAflil  ^rtMiiicet  with  ittrcetions  that  she 
ibM4  rnkm  |wrlieiikr  care  u1  tfiem  ;  and  they 
^tmmkm^  to  li€r  eii«tody  not  lon^  after  the 
favw  Wfltft  cofticnilted  to  the  eu^torly  oi'  a 
#b«  WW  drcry  one  of  them  inarkcsii 
itttio  dei'/cd  them,  and  marked 
41' :  ilierr'  une  not  noly  the  scheme 
iatli»cjpben  And  letters  mentioned  before, 
pfomi««iry  notes  subscribed  by 
thene  prominsory  notes  run, 
mmleA^  to  have  received  from 
tbe  nm  of  irljjch  sum 

(o  r«|»ay  with  an  interest  for  it  at 
I  of  fierann*        James  il/ 

^y  10911  imtf^ftef  if  there  was  nothinir 
e^plftin  tbem»  that  these  notes  were 
IT  iiO<li(f)^?  Every  body  roust  believe 
ry  wiPwr  ttit4*nderl  to  be  made  use  of  to 
jtiiy  4o  tl»«  coiit|itr«kry  ;  hut  we  tth  all  shew, 
r-t  own  coiife«siioD,  ihnt  they 
'  to  him  by  sir  Williiim  HUii,  in 
lie  iiMiie  use  of  as  occasion  s lion  Id 
,  40  l»f«ilWili^  these  designs  tn  i'avour  of  the 
AfiKMig  these  papers  several  lists 
^mf-^shMmd  whidi  will  be  |ire>iluceiK  some  of 
aiMdi  amfeain  th^  tttiinber  of  the  othcers  anil 
#<betfctifr<  in  the  ^anlk^  some  the  names 
^srtiiff  •iSccrx  and  soldiera^  and  son^e  the 
iHifaKr  fif  ttic  officsem  belonfpng  to  lii«  Tower, 
b»«l  Iw  untoedi  that  in  tome  of  those  lists, 
A«v  mn  iki*  nainfii  of  seferal  fiersona  of  as 
r,  loyaHy,  aod  fidelity  to  bis  ma- 
ft  aa  any  anl^^ecta  his  maj^ty  hath  ;  yet 
itiaae  lists  could  be  for  itothmg' 
t  an  infoniiattori  tif  th*'  iinml)cr  imd 
•  iif  the  pimrins  in  bi^  mujesty'ii  ser- 
iiM  atmgih  of  his  itiajssty^a  l 
miffht  be  (ziveti  and 
'T-'  tind  that  ihrre 
AH  iheif  coidd 
"i«<»  the  Pre- 
'f  pot  any 
-  tlieaie  li^ia 
Hj.  hr  Will  have  an  op|mrtunity  to 
'  tlimjT*  ^'*''"^'^  provj-d,  I  appi'ehend 
'  prisoner 
'  ittU  It.'  cliari^i'd 

Jiia  ttiidiiameiil ,  but  U^kiiile^  all  tfiis, 
ne  Ilia  l90Bf«sati>n  by  two  witnefiRes, 
tkm%  on4lfr*«»inl   i  virv  ovi  r» 
,  the  BC-voml  Ir^ins^K  i: 
"      '    '     nili  i^ve  ftCK^oiiiii  oi, 
I  I  bite  matitioticd 


m  fintwri! 


A.  D.  17'i^  [168 

/  before.  I  shall  conolude  ^ilh  tbts^  fi^nUemeii 
of  the  jury*  that  H*  we  make  out  these  facia 
as  they  have  been  opened,  and  according  to 
my  instructions,  1  have  no  reason  to  mske  tlie 
least  question  of  it,  il  must  l>e  left  to  your  con- 
sideration whether  the  prisoner  at  the  bar  is 
Sfuilty  of  the  offence  for  which  he  •rtandu  in- 
dicted or  not:  if  you  shall  be  satisfied  by  the 
eridence  that  be  is»  I  do  not  doubt  bnt  you  will 
do  justice  (which  is  all  that  is  de&ired  m  you)« 
and  find  a  verdict  for  the  kin^. 

SoL  Got,  if  your  lontship  pleases,  we  will 
DOW  proceed  to  examine  n  itnesj>ea ;  and  we 
desire  that  room  mny  be  moile  for  the  wit* 
nt/^^en  to  ooine  itito  court.  Call  Mr.  Sleplioa 
Lynch. 

L.  C\  X  You  tnust  make  way  there. 

Frisoner,  My  tord^  I  humbly  desire  before 
this  witness  he  sworn,  that  he  may  be  eAauiined 
upon  a  Voyer  dire,  whether  he  bulb  not  s 
promise  of  pardon,  or  some  other  reward  for 
swearing  against  meP 

L»  C,  J.  Sir,  you  cannot  ask  him  that 
question. 

Mr,  Hungerford.  I  hope  we  shall  be  at  li- 
berty, and  hove  a  right  to  enter  into  an  examt-' 
nation  of  this  matter*  If  a  mnu  is  represented 
to  be  in  the  same  circumstancen  with  the  pri- 
soner, and  the  prisoner  led  into  the  same  ctr- 
ciimstanoes  by  the  [terson  proposed  an  a  wit- 
ness, and  at\erwards  by  him  involved  ia  the 
Bome  offence  ;  if  the  person  therefore  proposed 
a>i  a  witness,  hath  a  (iromise  of  pardon  or  aome 
reward,  upon  condition  that  he  would  swear 
ai^aiust  the  prisoner,  he  cannot  by  law  be  a 
g^od  witness;  the  perf»on  proposed  as  a  wit- 
ness must  be  a  credible  wituei^,  must  be  a 
leg-al  witness,  must  not  be  convicted  of  perjury 
or  any  other  tiotoriou<$  ofleuce,  a  free  witness 
that  is  not  under  restraint  for  the  offence  bs 
accuses  another  of ;  and  tlierelbre  we  hope  we 
have  a  right  uf  asking-  whether  he  acts  under 
the  influence  of  any  promise  of  reward,  or  lb« 
promise  of  a  pardon  :  and  the  right  we  have 
of  examiningr  bim  to  the  promisee  ot  a  reward 
or  pardon,  is  supported  by  the  authority  of  my 
lord  chief  justice  Hale*  asireporteil  by  kcdvni^. 

Mr,  Keitlhey,  My  lord,  i  would  not  lake  up 
your  lofdshtp*s  time,  and  sulimit  the  wcii^ht 
of  what  i>lr,  Hungerford  has  offered  to  your 
consideration;  hut  we  found  our  rij^htofask- 
iiif^  this  ijuesiion  upon  my  lord  rhief  justice 
Hale's  express  declaration,  set  forth  at  lafffe  iu 
Kelyn^e^s  Reports,  foh  18,  which  I  have  here 
in  my  hand.  I  must  likewise  beg:  leave  lo  ob- 
sert-e  to  your  lordship,  that  thi:^  f|uestion  was 
formerly  asked  in  the  trial  of  fi^irdon  and  l>or- 
relt  to  one  Adams,  that  Inid  been  in  the  aaine 
conspiracy  witli  those  tliat  were  brougfit  to 
trial  for  biKh  treason,  and  was  then  produced  as 
a  witness  against  thetu ;  the  bfiok  waa  thes 
broujEfht  into  court,  and  the  qaoiaiioa  rend  he- 
fore  your  lordahip,  and  ac^^ordiog:  to  my  notes 
of  that  trial,  which  I  have  heiT  brou|(iil  with 
me  for  my  jUKtitteatioo,  ( I  submit  to  your  brd* 

*  liale'i  Hist.  1».  V.  U.  %  cap.  %7. 


159]  9  GEORGE  I. 

fbip'f  oorrrctkm  if  I  rfo  not  state  it  n^t,) 
Adams  was  asked  tbat  que^tMrn,  tho«i|^  it  was 
Bon^  otj^cted  Id  by  the  kingr'^  coonwl.  The 
distioctHMi  ofiT  lonl  cbiet' joitioe  Hale  made 
was  this — 

Jnst.  Eyrt,  Read  the  whole  pafW^I^- 

Mr.  KeUlbtit.  1  iiill,  my  bird.  The  nordA 
arethese  :  ^  It  was  rei(dT«-'d  that  some  of  those 
equally  cul|»abie  with  the  rest,  mav 
de  use  of  as  witnesses  a^nst  iheir 
fellows,  and  they  are  lawful  accusers  or  wit - 
p(*«ses  « ithia  the  statute  1  Ed.  6.  19,  6  and  6  ' 
Kd.  6,  c.  11.  and  1  Mar.  1,  aaud  accoidinsrly 
a:  the  trial  of  these  men,  some  of  them  who  I 
wtre  *»artics  in  the  treason  were  made  use  of  | 
A^io«t  the  rest :  for  lawful  witnesses  within  ! 
tiiosc^  sututes  are  such  as  the  law  allon  efh  ; 
unri  the  law  alluweth  every  onetobea  wi'ness, 
ubo  is  not  conricteil  or  made  infamous  for 
some  crime ;  and  if  it  were  nut  so  all  treasons 
would  he  tsafe,  anH  it  would  he  im|i0ssible  for 
one  who  conspires  with  neier  ro  many  persons 
to  make  a  discovery  to  any  pur^Mise."' 

I  was  aware  of  what  was  ht-re  laid  down, 
therefore  did  submit  Mr.  Huugerford's  reason 
to  your  brdship's  consideraiinn,  and  did  not  in- 
sist farther  u|ion  it ;  the  subM>queot  words  are 
these.  "  But  the  lord  chief  baron  Hale  said, 
that  if  one  of  tlie»e  culpable  persons  be  pro- 
mised his  pardon  on  coniliiion  to  ijpre  eridenoe 
against  the  rest,  that  disableth  him  to  be  a  wit- 
ness aflrtin«t  the  others,  because  he  is  bribed  by 
savini;  his  life  to  be  a  witness :  so  tbat  be  makes 
a  difference  where  the  promise  of  pardon  is  to 
him  for  disdosinif  the  treason,  and  where  it  is 
forg^irineoferidence.  But  some  of  the  other 
judges  did  not  think  the  promise  of  pardon,  if 
he  gfare  evidence,  did  disable  him.  But  they 
all  advise«l  that  no  such  promise  should  l»e 
msfle,  or  any  tbreatnings  used  to  them  is  case 
they  dill  not  g^re  full  evidence." 

fSo  that,  my  lord,  we  have  not  ool  v  the  au- 
thorhy  of  that  book  with  us,  hut  a  solemn  pre- 
cedent in  this  court  in  point  established  npon  a 
lonf(  debate,  and  iprounded  on  tliat  very  autho- 
rity. And  when  I  moved  this  matter  at  the 
trial  of  Divrrell,  Gordon  and  Ker,  I  then  cited 
another  instance  w  here  it  had  been  allowed  by 
the  Court,  and  that  was  before  Mr.  Justice 
Powell  at  Worcester  assizes,  upon  the  trial  of 
Palmer  and  Hymunds  for  the  murder  of  Mrs. 
Palmer :  there  a  third  penon  concerned  in  the 
fact  came  in  as  a  witness  against  the  other  two, 
and  alter  it  had  been  ar^pied  by  coonsel,  and 
that  leameil  judge  had  read  upon  the  bench, 
and  considered  thi<  authority,  the  witness  was 
at  last  asked  this  qiie^tion  upon  a  *  voyer  dire:' 
and  for  the  truth  of  tins  case  as  I  n^jMirted  it,  I 
ap|>ealed  to  my  lonl  Lechmere,  then  attorney 
general,  and  h  Iio  had  been  one  of  the  counsel 
at  Palmer's  trial. 

8erj.  Fengelfy,  My  lord,  we  hope  if  there  is 
any  room  fur  this  pretence  which  is  insinuated, 
it  only  goes  as  t»  his  credit,  and  d«ies  not  dis- 
able him  from  being  a  witness ;  the  authoritiea 
produced  are  no  more:  the  judgca  directed 
that  no  suck  promise  should  kr  mde,  bat  if 


Triml  qfChmiapher  Layer^ 


[leir 

itdMk 


H-M 


r.«ak» 


such  a  promise  was  made,  they 

not  dinsUe  him  from  being  n* 

tneutioned  by  my  lord  chief  ' 
i  not  bke  moniey  given,  wkich  in 
*  ni|ition ;  the  promise  of  parddo  ii  n 
j  luntary    in  itself:    who  is  the  pi 

made  by  ?    Is  it  in  the  power  m 
.  but  his  majesty  lo  perform  it?     IftkiilaiMV 
-  thing  in  tlie  suppositioo,  it  is  BOt  pnpvlsaik 

in  rklation  to  it  upon  a  *  rmytr  4i 

the  witiien  from  being  awora  to  giwvcntasi; 
'  but  w  hen  he  hath  been  sworn,  if  tbij 

I  lo  a«k  t!ie  question,  they  may. 

Ail,  Ce».  The  askii^  tlie 


tion,  as  it  is  irregular,  so  if  it  wm&  aooprrrd  m 
the  affirmative,  woaki  be  of  no  ^frriee  t»  tka 
prisoner ;  for.  With  submigifiaii^  ii  wS  nn  db*  < 
able  Mr.  Lynch  froiu  being  a  wftta«M,    fiscrf 
man  is  hound  injustice  tt  iriv«  ef iiletiiaa  t(  vk 
quired,  and  a  promise  Ia  have  a  p«rdoB  ilka 
gives  evidence  i^iait  the  |m«owGr,  caa  bo^ 
looked  on  only  to  induce  bi«  l»  4»  thai  wbkk 
by  law  lie  ought  V*  M  aceonrKng'  ti  ll»»  tfuib:  ^ 
it  does  not  import  tb&i  be  was  to  gite  a  wnaig  ' 
or  a  fabe  evidencp ;  »ueh  a  *^iipttiasi  ka  en*  ^ 
not  be  oldiged  to  answer.    And  ifeemaMI^ 
use  the  prisoner  coutd  make  of  ikifi,  WmtM*. 
promise  was  made  lo  ibe  witneaa  (wbidi  it  ^ 
not  admittpd)  wottSd  be  ouly  agaitmt  the  cndii 
of  the  witness,  but  out  enitrdy  take  wf  kaii^ 
timony  ;  his  credit,  as  i»dl  s?^  tlie  crrdii  tit" 
witnesses,  must  lie  l^'it  lu  the  ctnusUlervl^ 
tkejiu-v.     As  to  the  opinioi)  ol'  fuy  knd  rb 
baron  Hole  cited  aat  of  Kdyo^e,  tb^  otliie« 
judges  differed  wiih  bjtn,  siid  ihei«iof«  #^ 
bo|ie  Mr.  Lynch  shsJl  be  Bwom. 

Sol.  Gem,   We  who  are  coonsd  fot  tb« 
do  not  oppoae  tke  asking  thti  questjofi«  oni  ^ 
any  apprekcnaioo  thui  the  j^dsmct  wmM 
out  against  us,  but  tor  iear  of  orcrti 
point  that  hath  been  hn^  ^tllcd.    Am  ta 
book,  wkick  the^e  gentiemeii  cite  tc»  fu| 


1 


their  dijanlion,  with  submistkio,  it  is  j^ihi^'    g 
autkority  to  over- rule  it^    Tbe  opiutaii  EAaJ 
found  tkeBoaelvfls  upoa»  isthAt  of  my  lofil  ^  ' 
baron  Hale ;  bvt  the  t&%  of  the  judg^  **< 

r'nkw  apunat  him;  so  tiiat  we  app« 
antbont?  m  witli  ira,  and  likewise  tb^  m 
son  of  the  tnmg.  I  take  it  tlist  do 
to  be  asked  a  man  upon  a  '  voyer  dirr/ 
fact  that  wnaM  take  off  h  is  testimony, 
then,  fiir  argnmcut  <vake,  tbtii  ibeTe^w^&s  «.  \ 
miae  of  paidon  made  to  a  luau  upoo  c^^«m1 
that  he  akouM  ^ive  evide&ce*^  I  a^^^rdl 
that  would  not  difi^ble  hiui  from  betim^^  ml 
ness,  any  more  thiui  if  the  cond>ti(^  V^«4J 
that  ke  akonki  declare  the  trut)i«  irhi 
his  duty  to  have  do&e,  although  do  ' 
mise  had  been  made :  ainl  siirefy  tln.^ 
of  a  nardon,  upon  a  cooditiop  to  do 
was  his  duty  before,  wiU  not  talce  of 
mony.  If  they  would  mk  ihc  wiiu« 
be  baa  acoe|itcd  a  prooibe  ofoL  Ck7^ir«V 
condition  to  give  fk\%€  testimcmjr,  Xm  m  ^^i^^  \»i 
tmn,  to  whim,  with  great  iubint!Ka%  ^^mt^  W 
bound  to  anawer;  beeuase  tbiii.  ^^^ch^ 
•wmekua  tt  ai:cuse  blmsiejrpf  m^  -^laia| 


161]  for  High  Treason. 

If  wmhmfkt  For  these  r^asous,  as  ncll  a& 
«p»  aecomit  of  the  authority  th€^  produce, 
«t  typebenil  there  is  oo  force  in  the  objec- 
ted. 

8b|.  C4««Atre,  M?  lord,  I  know  not  whe- 
Acr  it  vfMild  oot  be  laying  too  great  a  weight 
Wfm  tie  nlijcMrtioiiy  for  so  mony  uf  the  king's 
^  In  ftosw  er  it ;  for  my  part  I  thiok  it 


lltf  Mnmgtrford.     f  urge  it  thus  fur  t  what- 
Ifvrsofi  is  produced  in  a  court  of  justice 
I  he  must  appear  to  he  utterly  uu> 
hi  point  of  interest  i si  the  consetpieuce 
Jf  a  man  produced  as  an  evidence 
lite   debt  ti{Kiu  the  defenibnt,  !»liuM« 
exjiniiued  upon  a  ^  ? oyer  dire,'  ihs* 
Ikat  be  IS  to  have  a  part  of  the  i uimey  re- 
st oet  such  a  person  disaiileil  from  t>e- 
m^%  Wititesji  at  a]J?   An^  ib  not  a  promise  of 
Itflnto  the  witness^  in  ca^e  hti  couvicts  the 
c^bmI,  a  g-reater  bi^s  than  the  witness'^  hav- 
9ffmi  of  the  tnoney  recovered  P    In  a  civil 
ttaedbe  questioo  is  not,  if  bether  the  wittiess 
hwmpm,  to  ««rear  a  truth  or  fulshood  f    but 
iMttr  the  «^itne&s  doth  oot  sip[>€Ar  to  h^  so 
HirsDOoereecl  in  interest,  that  he  ou^bt  not  to 
bfnintned  at  all  I    And  thrrelbre  1  humbly 
^Mtthat  i(fe  ou^ht  to  have  an  account^  wbc- 
ftffilie  witness,  Lynch,  bath  the  promise  ufa 
■vAqo*  or  any  revrard  tor  that  which  he  is  to 
Is  lere,  viz.  fur  the  evidence  ke  i$  to  give 
4|tt&ft  ibe  urUoner?  As  Ui  the  consequence  of 
Mh  V,  it  is  iudiflfereDt  to  me  whe- 

ther it  lule  him  from  being'  a  witness 

_  tlsaHtii^y,  or  go  to  bis  credit  only  :  for  if  it 
^LfbooM  Guote  out  that  he  liuth  sucti  a  ]>romise, 
Aijisoppose  CIO  jury  or  man  tivin^  mIII  hclievc 
^Hfa^  an^l  that  ifl  much  the  saiue  as  if  he  wei^ 
V%l  ffrodoLM  "  ^  .'h  it  seems  mure  at^rt^cahle 

r     tP  tiie  |*r<  i  \  \\  cases,  that  he  should 

I     aat  U     '  1^  1  tutne5S  dt  alb 

'        Ml  .     31  r.  Solicitor  mistakes  the 

varda*  w.  ^^.v  ^iiuk  as  1  read  them  ;  he  is  pleas- 
fd  Id  understand  ihem  as  if  all  the  rest  of  the 
dvfTered  in  optuinn  from  my  brd  cliicf 
Hale  ;  hut  the  book  does  not  say  so^  it  Is 
mtAy  that  same  of  the  other  juilij^es  wereof  opi- 
wmm  tUnt  it  did  oot  disable  tiim,  but  all  agreed 
llbaiii  «veht  to  bis  creiiil,  and  tliat  was  ult  I 
re»4  IB  li»e  book  \  and  I  wdulil  not  have  oHered 
Uptb^wbe  than  as  it  was  truly  there,  upon 
iBj  coBfidrintioo  wfiatsoever;    hut   t^betber 

«i|iiestiott  be  asked  at  Hrst  or  lait,  so  as  we 
■p  aitswf-r  to  It,  I  am  contented. 
pp.  J.     Yoti  see  the  most  you  can  make 
t  ^'    '   '  i^  an  objection  to  his  credit;  and 
b  credit^  rnun  lie  ttot  ite  M^vorD^ 

Ki,  i^.vv...  iett  to  the  jury?    lie  must  be 
"  as  a  te^al  wrtnexs  ;    but  if  this  man, 
r   expectation  and  promise  of  a  piirdon, 
rt  here  tti  sv^earthat  which  is  not  true, 
yoii  would  a«k  bitu  to  that,  be  is  not 
to  asisii'er  it.     Nobody  is  in  discredit 
,  l^iltahtays  lo  be  lakpu  U\  lit"  innocent 
ottierv»He.     It  is  expresset)  that 
lie  of  pardon :    what  to  di»  ?    To 
y^ev.    Gittt  fvidctiee!    Why  should 


A.D.  1722-  [162 

he  not?  Ts  be  oot  obliged  to  it  ?  Suppose  ha 
gives  evidenoe  sccordioi^  to  the  truth,  be  would 
be  entitled  as  much  to  bis  pardon,  as  if  he  gate 
evidence  of  that  which  is  not  true.  The  most 
you  can  say,  is,  be  has  a  promise  of  pardon  if 
he  gi%es  evidence ;  and  can  you  conclude  frona 
thence  that  he  can  give  no  evidence  except  a 
false  evidence?  If  they  who  aj»k  the  question 
insinuate  any  thing  like  that,  it  ought  not  to 
have  an  answer :  but  if  he  bath  a  promise  of 
pardon  if  he  gives  a  true  evidence,  it  is  no  ob- 
jection to  bis  being  a  witness,  or  to  bis  credit. 

Prisoner,  My  Jord,  I  humbly  hope  our  ob- 
jections will  thus  far  prevail,  and  that  we  shall 
come  at  the  fact. 

L.  C.  J.  When  he  is  sworn  you  shall  ask 
him  whut  questiont*  you  please. 

Just.  -Eyre.  The  objection  which  pves  oc* 
casion  to  insist  upon  this  question,  aijs«?s  from 
the  iuBuence  which  the  hopts  of  |jnrdon  may 
possibly  liavc  up<»o  the  witness  ;  and  if  ttii*  l>a 
a  reason  ibr  setting  aside  a  witness  as  incapa- 
ble,  no  accotnplice  w  ho  disL'overs  a  conspiracy 
can  ever  be  allowed  to  prove  it  upon  oatii ;  fur 
I  believe,  no  man  ever  yet  made  a  iltscovery 
but  with  the  hopes  of  pardou  ;  and  a  govern- 
ment Is  obliged  in  honour  to  f»rant  it,  whcra 
the  confession  appears  to  be  ingetmous  and  sin- 
cere: and  therefore  if  the  hope  or  prospect  of 
pardon,  which  is  all  that  can  be  inferred  from  a 
promise,  should  be  an  objection  to  the  compe- 
tency of  a  witness,  no  government  would  ba 
safe ;  for  treasonable  conspiracies  might  ba 
formed  and  corriiHl  on  with  impunity,  when  tha 
persons  concerned^  from  whom  alone  a  full  dis- 
covery can  be  bad,  are  utterly  incapable  of 
proving  the  fact,  thouy^h  they  give  all  possible 
marks  of  their  sincerity  and  truth.  They  have 
1  hercfore  been  always  allowed  to  be  witnesses  ; 
and  1  do  not  remember  that  ever  any  objection 
tvas  made  to  their  competency,  till  the  case  of 
the  king  and  Gmdoo,  when  the  cxiunstl  tor  the 
prisoner  would  have  asked  the  same  question 
which  is  now  proposed,  but  the  Couil  did  nut 
think  it  proper  before  the  wituess  was  sworu  ^ 
for  no  person  produced  as  a  witness  can  he  exa- 
mined to  any  mutter  which  only  alfects  his 
credit,  and  is  no  objection  to  his  competency, 
till  after  he  is  sworn  to  give  evidence,  and  has 
been  examined. 

Just.  Ftttpyjr.  Mr,  Huogerford  would  do  \\q\\ 
to  remember  the  several  acts  of  [mrliament 
made  to  give  encouragement,  by  a  reward  of 
40/,  for  the  apprehending  and  convicting  uf 
every  fabe  coiner,  bigbwayman  and  house- 
breaker; and  if  a  criminal  in  those  oftenccH 
shall  come  in,  and  discover  and  convict  t^vo  of 
his  accomplices,  he  shall  he  entitled  to  a  par- 
ti on  ;  and  by  the  express  words  of  tiie  6th  of 
queen  Anne,* shall  have  the  re^vard  of  40/,  fur 
each  housebreaker,  and  i^haU  nlso  himself  he 
entitled  to  a  pardon  ;  so  that  t!te  pail  lament 
tbon^rht  it  pi*oper  to  give  even  money  as  we  \ 
as  a4isrdon  to  such  discoverer.  \cl,  ever  sinri* 
the  making  of  those  acts,  tiie  persons  so  prt»- 
miseil  and  encouraged,  have  upon  thiise  trials 
been  atlmitted  as  good  witnesses  even  before  a 

31 


i 


lOaj  i>  GEORGE  L 

p»Tilon«  And  indeed  tbere  can  not  \te  too  pprent 
eocouragfe merit  g^i^eii  to  criminals  tn  become 
faooettt^  And  to  conie  in  ami  impeach  tiitir  sc- 
of>m|ilices,  it  being*  often  iiniiofisible  fully  to  disi^ 
cover  those  «ecret  confederucic^,  but  by  tome 
ofthi!  accompiioes  and  actors  ttierein. 

Tiie  laiv  thinks  these  are  fit  witaesaea,  and 
yuu  will  find  it  in  the  book  that  Mr,  l£etelb«y 
bath  mentioai^d,  that  they  were  thought  At  to 
make  diftcoveries  of  those  secret  uombioations  ; 
1  do  not  Kay  ti»  come  in  and  give  iaiae  evidence, 
but  to  muke  a  fair  discovery. 

Mr.  Ilitnticrfoi'd,  My  lord,  we  submit ;  we 
ibatl  ask  tbe  question,  whether  he  hath  any 
f  licb  promise  made  ?  Let  the  truth  come  out, 
and  we  shatn>e  sati^jfied. 

Just,  Forlcicue  Aland.  I  was  counsel  in  the 
case  of  the  king*  and  Gordon  ;  and  I  very  well 
remember  the  counsel  of  the  other  side  insisted 
the  witness!  produced    should    be   aaked  this 

Juestiou  on  a  ^  voyer  dim,*  liis  name  wan 
layer*  The  reason  the  Court  gave  tliat  it 
was  im|iropei'  to  ask  this  question  on  a  *  v oyer 
#re/  was,  that  if  he  had  this  premise,  such 

Iftromiae  was  maib  eitht?r  to  speak  the  truUi»  or 

^to  speak  a  faLhood  ;  if  it  were  to  give  a  jufit 
and  true  evidence,  there  was  do  harm  in  ^i;  and 
tf  it  was  a  promise  of  (lardon  for  speakinsf  that 
which  was  not  true,  tlie  witix'ss  vi as  not  bound 
to  answer  that  question,  and  consequently  it 

L^an  be  of  IK)  use  whatsoever;    tberelbrethe 

[witness  mutt  be  sworn* 

Mr;  Stephen  XyncA  sworu. 

Sol,  Gen.    Do  you  know  the  prisoner  at  the 

|larf — l^nch,  Y'i* 

SoL  Oen,    How  bug*  have  you  known  blm  ? 
Lynch,  I  lirst  knew  him  about  the  month  uf 
June  last, 

SoL  Gen*  Pray,  give  an  acx;oant  to  the  Court 
and  Jury  by  what  means  you  first  became  ao- 

;  i^ualnted  with  him. 

I  Lynch,  I  became  acquaiuti*d  with  Eiim  by 
I>r.  Murphey  :  about  the  month  of  Ajiril  last  I 

^came  into  England  from  Flaudei-s ;  at  my  ar- 

I  rival  iu  England  1  met  with  Dr.  4Murphey,  that 

[  iras  my  a cquaintu nee  several  yeans  before,  wbo 
tiiet  me,  and  told  me,  he  had  some  particular 
business  to  tell  me, and  desired  me  to  meet  him 
at  Cooper's  coffee-house  in  Cornhill,  where  I 
met  him  ;  and  he  told  me  that  material  things 
Were  actings  in  the  kingpdom  in  order  to  arising*, 
and  if  i  wonid  be  of  the  party,  be  would  recom- 

1  mend  me  to  a  g-entlemaii  that  had  the  manage- 
ment of  it :  I  BEked  time  to  consider  it ;  and  in 

I  twf>  or  three  days  time  I  told  him  that  1  was 
ipcsolved  to  be  of  the  party.  1  frequently  told 
him  1  was  imftatieot  to  know  who  the  pfentle- 
man  was  tlmt  1  was  to  be  rtrommendetl  to  ; 
alK)Ut  the  muuih  of  Juoehetoldme  1  should 
|ro  with  him  to  his  loilgiti^s,  which  were  at  the 
tipper  end  nf  Chauoery-liuie,  right  over  against 
the  White  Hart. 

Soi,  Gen,  Whose  lodgings  did  you  go  tof 
Lynch.    The  lodifingH  <»f  Mr.  Layer:  Mr. 
Layer  was  at  home,  and  d^-stred  us  to  go  to  the 
Cfntlia  tavero  in  iiolUini,  and  be  would  meet 


Trial  of  Christopher  Layer^ 


tlM 


us  there ;  we  went,  and  in  a  little  while  Mr. 
Layer  came  to  us  ;  and  ihen  Dr.  Murpbev  told 
him  that  1  h  as  the  gentleman  he  had  apoVe  ta 
him  of  Mr.  Layer  was  glad  of  my  acquaint* 
anoe,  and  told  me  that  he  had  such  a  stroog 
recommendation  of  me,  that  he  was  fully  ntia* 
fied  in  me  ;  and  then  he  held  a  discourse  abooi 
a  rising  that  was  to  be  in  the  kiugdom  in  ik« 
TOur  o?  the  Pretender,  and  that  it  would  be 
backed  by  a  great  many  of  the  array  and  the 
guards,  and  several  other  gentletnen. 

Mr.  Hutigerford,  The  overt  act  is  laid  in 
Essex,  and  here  is  an  evidence  given  of  an 
overt  act  in  Middlesex ;  with  submi^aion^  iiiej^ 
can  give  no  evidence  of  an  overt  act  in  iaotb«r 
coujjty,  till  they  give  evidence  of  an  ofert  act 
in  Essex,  where  the  indictment  is  laid. 

L.  C,  J*  All  they  say  of  matters  in  the  eooA* 
ty  of  Middlesex,  unless  they  give  evideooe  of 
an  overt  act  in  th«  county  oV  Essex,  it  stfntfica 
nothing.* 

ftlr.  Bungerford.  My  lord,  with  submission, 
they  ought  not  to  he  su^ered  to  give  evidence 
of  an  overt  act  in  Middlesex,  before  tbey  giva 
evidence  of  some  overt  act  in  Essex  ;  tor  iba 
pi-oving  some  overt  set  in  Essex  is  ilia  onlj 
thing  which  can  entitle  thpm  to  prove  any  oi«ri 
act  elsewhere.  For  by  the  method  tbey  wwtiM 
go  on  in,  the  jury  may  be  captiviited  wtih  a 
fctory  of  the  Gitlhn  tavern,  and  of  Mr.  L\ver*s 
other  assii^nstions  and  actions  in  Mid<II'.s>.*x, 
which  cannot  be  imputed  to  bim  upoa  tlii^  in- 
dictment until  some  treason  be  proved  in  Et* 
sex  :  1  hope  therefore  the  king's  counsel  shall 
receive  your  lordship's  directions  to  go  on  r«- 
gularly,  to  liegin  to  give  an  account  of  tha 
oveit  actii  in  Essex,  before  tbey  go  into  aao* 
ther  county. 

L.  C.  J/  Mr.  Ilungerford,  you  must  gita 
them  leave  to  go  on  in  their  own  method,  of 
thtit  that  first  happened  in  Middlesex,  and  ailMv 
wards  of  what  biippened  in  Essex  ;  ami  if  yoa 
dare  not  trust  them  and  us,  but  will  have  yo«tr 
own  method,  it  would  be  to  put  ua  into  ooa« 
fusion, 

SitL  Gen.  My  lord,  we  insist  upon  it  lu  |»otAt 
of  law>  that  we  are  entitled  to  give  evidence  of 
overt-acts  of  the  same  species  of  treason  laid  it 
the  indictment,  though  done  in  any  county  iy 
England,  providtd  we  also  prove  an  overt-act 
in  the  county  of  Essex ;  which  we  must  do, 
otherwise  tliis  will  pass  for  uottiing.  Mr. 
Lynch,  go  on,  and  give  my  lord  ami  the  jury 
au  account  of  what  Mr.  Layer  said,  when  yoa 
were  togelher  at  the  Griffin  tavern. 

Lynch,  The  (irst  thing  he  totd  me  wtfi 
that  he  was  very  glad  to  meet  me,  that  he  bad 
bad  a  good  recommendation  of  me  fr/*m  t^r 
Murphey^  as  lieing  a  man  he  could  con; 
and  beginning  his  discourse  of  an  iiisnr;  .l..j„ 
iu  the  king-doro,  he  tolil  roe,  that  they  war* 
backed  with  a  great  many  of  the  army  and  tlia 
guards ;  that  there  was  a  great  many  of  tha 
nobility  and  geutry  of  the  eountrv  that  would 
come  in  to  them ;  be  told  me  then,  that  bt 

^  Bee  East's  Fl.  Cr.  oh.  S,t.  61. 


Jhf  High  Treason, 

of  tftolutioQ  UiAt  would  take 
Wftm  Ikim  tli4^  ft^izing;  of  i^ojne  person  of  oatet 
temgtttcrilf  <ir  «ome  otijef  great  man.  The 
^niarii  ntn  m\\  ufmn  tbe  same  thln^. 

BU^  Gt^     R^cxittet't  as  welt  as  ^ou  caD»  tHe 
Air*  La^er  told  you  relating  to  iliit 

Hm  told  ooe  llie  general  design  of  a 

ill  \\w  kiner'totn,  to  favour  of  the 

and  that  tbi^y  were  backed  by  a 

ly  of  the  army,  and  a  ^rreat  many  of 

r  and  gentry ;  and  then  be  told  me 

m  matt  of  resolution,  lo  undertake, 

Blbers^  to  seize  a  great  maof  as  a 

other  great  man :  at  that  tiu>e 

m  jielf  to  do  it ;  so  that  time  we 


t,ihm*     How  long  were  you  together? 

About  half  an  hour. 
.  GtA.  Wh«Q  had  you  the  next  meetiog  ? 
^  feri.     A  clay  or  two  tlter^^ards, 
fi  frtffi.     At  what  plane  ? 
J^mrh^     At  ilie  same  tavern,  the  Griffin  ta- 
f  came  there,  I  tent  a  boy  lor  Mr, 
had  ordered  uie  to  do  when  1 
.n   fiim* 

W  heti  was  your  ftr«tt  meetiog  ? 
About  tbe  month  of  June. 
And  the  necoud  meeting  was  two 
'  day*  after  the  first? 
LfmeA-     Vev,  m^  lord. 
IEhj.  CiUMhirt.    At  your  parting  after  the 
iiat  aie«li<i|f,  what  did  Mr  l^yer  say  to  you  T 
Lymtk      Mr.  l^yer  told  ine,  if  I  bad  oc- 
^mmm  tm  aseak  to  hiin  that  I  should  not  come 


•t  but  to  go  to  a  tarero  and  send 
te  yiw,  wind}  I  ilid ;  I  aetit  a  boy  for  him,  and 
^c^mm  %m  me.  Then  talking  over  a  glass  of 
WW,  be  lalii  me  that  he  had  pitch ei I  upon  tne 
ifiw  the  eari  of  CadogaUt  and  that  J  should 
loMAijr  Mraoni  as  I  thought  fit  who 
mimm  the  tatnc  deaign ;  and  he  being 
pfivdfial  man  in  tlie  array,  it  would  dia- 
>  tiie  king's  party,  and  animate  the  Pre- 
fmfUty  i  which«  as  1  said  before,  I  agreed 
and  to  do  the  utmoat  of  my  en- 
iloioit. 

ftr^.  PmmUy,    Waa  yon  to  do  it  alone^  or 
mm  y»«  to  have  any  aaaislance  f 
tfwtk,     Yta,  1  waa  to  have  aaabtance. 
hm^.  Frn^rlhf     WhatasaiataAcef 
Ifmrk-     ^  I  at  I  thould  ebuie ;  inch 

fMlftlnit  mfidein. 

mL  Gevf.      Uiii  vou  undertake  itP 
ImfA.     Ym,   I  did   undertake  it,    tod  to 
pJMk  afoa  audi  prraoof  aa  ahould  be  projier  lo 
iMaaai*  in  fl« 

i  Ctn^     Waa  ioy  thing  aaid  al  that  time 
any  |wr»on  who  waa  to  have  the 
i  of  iW  d#«i^  f 

Ht*  told  me  that  there  wa»  some 

\  anew  that  ihd  not  want  wit,  courage  or 

ajul  was  at  thi*  head  of  this  affair, 

I  al  a  proper  time  give  me  an  order 

v^ran  Mfnrthiog  further  about  it, 

fcl,  Gra>    U  ^cl  y  n u  ii n y  more  diacourae  with 
4a  fciiMas  about  thti  atfair  f 


A.  D.  1799.  ri6S 

XyncA.  Yet,  we  had  several  discourses 
about  it 

Alt.  Gen,  Tell  my  lord  and  the  jury  what 
more  discourse  you  had,  if  you  can  remember. 
Lynch,  The  chief  part  1  waa  to  act  waa  to 
seiiee  the  earl  of  Cadogan«  with  such  gentle- 
mcfu  as  1  should  think  proper  to  answer  tbe  end 
ofseiEtng  him. 

Herj.  Cheshire.  Was  there  any  other  meet* 
iog«  and  when,  and  how  lotig  after? 

Lynch,     After  that  1  came  to  a  tavern  ia 
Hfdborn. 
Strj.  Cheshire.    How  lon^  after  ? 
Lf/nch,    ikime  few  days ;  it  was  at  the  Cai* 
tie  tavern  in  Llolbom. 
A  it.  Gen,   Who  was  with  you  at  the  tavern  ? 
Lynch*     I  came  to  tbe  tavern  and  sent  for 
Mr.  Layer. 
Alt.  Gen.    Did  he  come  to  you  P 
Lynch.     Yea^  he  came  to  me. 
J}t.  Gen.    What  discourse  bad  you  with 
him  at  that  lime  ? 

Lynch*  We  had  no  particular  discourse,  but 
in  general  we  ttdked  about  the  uneaiineas  of 
the  nation^  and  the  iUir  opportunity  there  ttaa 
to  rise. 

Att,  Gen.  Pray,  give  an  account  of  what 
else  passed. 

Lynch,  I  say,  the  discourse  that  we  bad  at 
two  meettiigei  before,  he  repeated^  and  aaid, 
now  is  a  fiiir  opportunity,  the  uneasiness  of  tha 
people  being  such,  to  bring  about  a  revolution, 
since  they  would  be  backed  by  tbe  army  and 
the  guardsi  and  several  other  people.  Soon 
oiler  that  we  parted 

Serj.  Cheshire.  When  had  you  any  other 
meeting  f 

Lynch.    Soma   meetings   we  had   at  Mr. 
Layer's  house  in  Southampton^  buildings  * 
8erj.  Cheshire*  How  long  a^r? 
Lynch.  A  few  days  only. 
Serj.  Cheshire*    At  the  several  meetings  at 
his  houae,  what  was  tbe  subject  of  jour  dii* 
course  ? 

Lynch.  U  waa  upon  the  same,  about  the  ris- 
ing and  uneasiness  of  the  people,  and  the  fair 
opportunity  of  bringing  ah<»uk  a  revolution  ;  of 
the  dispOKttion  of  the  army  and  tkie  guards. 

Serf.  Cheshire,  Did  he  give  you  any  encou- 
ragement ? 

Lynch,  After  I  met  him  at  bb  house  ia 
Southampton  •buildings,  I  kdil  him  of  my  un* 
eastnesfs  ;  because  he  had  told  luc  at  the  begtn- 
ning,  that  tUene  ihiitga  would  be  aoon  put  in 
execution :  I  told  him,  if  they  were  delayed,  I 
wiLs  afraid  they  woutd  not  succeeds  He  thea 
aoimatrd  me,  by  telling  me  that  there  were  no 
fear  of  its  succeeding  ;  and  that  I  should  out 
be  discouraged,  for  there  was  a  great  mao,  a 
man  of  wit  ami  conduct,  thai  was  at  the  helnsi 
and  that  had  the  management  of  the  vcheme : 
That  1  ahoulil  always  keep  a  good  heart ;  aod 
that  ihintrs  went  cui  very  well. 

Mr.  Wnt,  Did  he  tell  you  in  whose  favour 
this  was  to  be? 

L^nch<  Yet»  in  favour  of  the  Prelauder. 
Ue  atotifiifil  him  by  tb<^  nam*  ol'kiug. 


i 


16:] 


9  GEORGE  L 


Serj.  Cheshire,  Do  you  know  any  thiogf 
about  his  going  into  the  country  ? 

Ljunch.  After  1  met  biro  at  his  house,  be 
went  into  the  country  and  staid  sixteen  or 
■erenteen  days;  at  his  return  1  went  to  see 
him,  expressinijf  how  uneasy  1  was  at  the  delay. 

8eij.  Fengeliy.  About  what  time  was  thisr 

anch.  1  believe  it  was  in  July.  And  then 
1  him  apfain  how  uneasy  I  was  at  the 
delay.  To  which  he  answered,  Keep  a  good 
heart,  all  thinp  go  on  very  well. 

Serj.  Cheshire.  Had  you  any  apprehensions 
that  all  was  to  be  done  at  home,  or  that  you 
was  to  have  any  foreign  assistance  ? 

Lynch.  In  my  discourse  to  him  of  the  un- 
easiness I  was  under  at  the  delay,  I  asked  him 
if  be  had  any  promise  of  any  succour  from  any 
poiver  abroad  r  He  told  me,  if  we  once  made  a 
beginning,  we  should  not  want  them :  But  did 
insinuate,  that  we  should  not  want  encourage* 
neot  from  the  court  of  France. 

Att.  Gen.  When  yon  expressed  your  unea- 
siness at  the  delay,  what  did  he  say  to  encou- 
r^reyouP 

Lynch,  The  reason  he  told  me  was,  that 
things  went  on  very  well,  and  would  very  aoon 
be  put  in  execution. 

Ati.  Gen.  In  what  manner  did  you  express 
your  uneasiness? 

Lynch.  Nothing,  but  that  I  was  iraeaiy,  and 
I  was  afraid  that  things  did  go  wroncT* 

Sol,  Gen.  What  did  you  say  ?  Did  you  say 
any  thing  relating  to  your  own  circumstances  ? 

Lynch.  In  the  beginning  1  told  Dr.  Mur- 
phey,  because  it  would  be  a  long  while,  some 
five  or  six  weeks,  before  I  was  to  be  introduced 
to  BIr.  Layer's  company,  that  I  came  on  my 
own  particular  business,  and  my  circumstances 
would  not  permit  me  to  be  loo^  here  at  my 
own  expence.  At  the  meeting  with  Mr.  I^J^Fy 
when  1  first  made  this  complaint  to  him,  Mr. 
Layer  told  me  1  should  not  want  for  a  small 
matter  to  maintain  me  in  England.  Accord - 
higly  Mr.  Layer  gave  me  some  money. 

Att,  Gen.  Do  you  remember  how  much 
that  was? 

Lynch.  I  eannot  remember. 
^Att.  Gen.    Did  he  give  you  money  at  any 
other  time? 

Lynch.  Mr.  Layer  gave  me  some  money 
the  first  time,  and  afterwards  he  sent  me  some 
money  by  Dr.  Murpliey. 

Sery.  Pengelly.  Did  he  give  you  any  money 
at  any  otiier  time  ? 

Lynch,  Yes ;  the  last  time  I  was  with  him  I 
had  more. 

Att.  Gen.  How  mangr  times  had  yon  money 
of  him? — Lynch.  Five  or  six  times. 

Alt.  Gen.  Do  you  know  what  the  sums  did 
amount  tu  together? 

Lynch.  1  cannot  recollect;  but  I  believe 
about  eight  or  ten  guineas. 

Att.  Gen.    What  waa  it  given  you  for  ? 

Lynch.  To  keep  me  in  England,  and  to  assist 
in  the  intended  desiirn  of  a  revolution. 

Beti.  Pengelly.  AAer  y»u  went  to  him*  upon 
bis  return  out  of  the  joooidryi  do  ysu  iiliMn* 


[168 
iie.l 


iieRs  at  the  deia j ;  «pw 
n^e,  giving  ne  la  lMp» 
very  well,  and  onrdcMfa 


Trial  of  ChrisiojAer  Layer ^ 

ber  the  discourse  that 
then? 

Lynch.    Yes :    Afler  I  came  to  Ua  I 
expresKpd  my  nneasiness 
wnich  he  encouraged  ii\e, 
that  things  went  on  very  \ 
would  effectually  take  place. 

Serj.  Pengelly.  Did  you  ask  hUn  way  fltmg 
about  the  army  ? 

Lynch,  I  asked  him  if  he' had  Miy  wmm.* 
ragement  from  the  guards  and  the  army?  il«- 
tora  me,  yes,  he  hiul ;  that  a  grsftt  maay  if 
the  officers  would  not  engsge  themaelv«B.MW, 
being  well  paid ;  but  he  said  he  had  apokc  wilk 
several  <ifficers  of  the  guards,  who  had  aHNrad 
him,  that  most  of  the  common  aoldim  svooMv 
come  in,  as  soon  as  we  had  made  a  begianmg. 

Serj.  Pengelfy.  Did  be  mention  any  thiagof 
the  time? 

L.  C.  J.  When  yon  asked  him  if  ha  bad  may 
encouragement  from  the  army,  what  did  m 
say? 

Lynch.  He  told  roe,  that  be  liad  eneoaragv* 
ment  from  many  of  the  utficera  of  the  mrayj 
that  he  had  discoursed  with  several  aeijnmtaaf 
the  guards,  who  told  him  that  the  maww 
aoldiers  would  be  glad,  after  tbey  had  made  a 
be^nning,  to  come  in  to  them. 

L.C.J.  Did  be  give  you  any  reason  for  this? 
Lynch.    Mr.  Layer  told  me,  the  i 
told  him  so  before  they  were  encamp 
complained  of  their  ill  usage,  and  hard 
from  the  Subaltern  officers. 

Serj.  Pengelly.  Was  you  aequamted  wkh 
any  time  or  day  that  was  fixed  ? 

Lynch.  There  was  no  fixed  time  :  Mr. 
Layer  told  me,  it  was  to  be  on  the  rising  of  fAm 
camp;  because  tfai«?y  could  not  talk  with  tha 
soldiers  so  well,  while  tbey  were  emsamped,  at 
they  could  afterwards,  when  they  were  in  thaiv 
quarters. 

Serj.  CAetAire.  Was  there  any  conaokataoa 
of  viewing  any  one's  bouse  ? 

Lynch.  Afterwards  in  disooorsa  he  toM  m&i 
that  it  was  fit  to  go  and  view  the  earl  of  C 
gan's  boose.  In  case  it  was  necessary  lo 
the  said  lord  in  his  house. 
Serj.  Cheshire,  Where  is  his  house  ? 
l^ch.  in  Piccadilly.  "Accordingly  w 
pointed  a  day  tu  go ;  and  I  came  lo  hia  _ 
mgs,  and  we  took  coach,  and  away  we  weal ; 
aiM  talking  to  him  about  it,  he  told  me,  he  wis 
very  well  acquainted  with  my  lord  Cadogaii 
and  had  some  business  with  him,  about  an  ea^ 
tate  which  his  lordship  was  about  buying:  We 
went  to  his  bouse,  but  my  lord  Was  not  to  be 
spoke  with,  or  was  not  within,  I  do  not  reoieiM" 
ber  which,  but  we  were  conducted  into  hia 
house.  We  viewed  the  inner  part  of  the  home  i 
afterwards  we  went  into  the  garden,  we  viewed 
the  lower  part  of  the  ganlen ;  then  we  \ 
out  in  the  yard,  and  took  a  view  of  the  ave 
round  about  the  house.    I  do 


exactly  the  time*  but  it  was  that  day  Ihsl « 
soldier  abouM  have  bean  shot  in  Hyde  Pttk. 
Seq.  CAeiAirs:  HadyweDy  " 

theftiiihisiiMsgiif:.    r 


^/»>r  High  Treason* 

fy^k,  Vir^,  llmt  it  was  enj^j  tn  be  done  ;  if 
lit  nil  but  M>tne  res4)Uite  gfeiitlcnien  to  Biaod 
k§  nil  theAi  it  Wfts  very  teasibleto  bt  don«. 

Sn^  Ckukire,  H«d  you  any  Ulk  at  tliat 
itt»  nMmm  10  the  Toyer  ? 
-  J^raci.  Be  told  roc,  the  Toiver  would  be 
■nedUlelv  surrendered  to  the  party  ;  on  the 
#y  t^  jiiol  was  to  be  put  in  exe^^utionf  a 
OflBB  offieer  of  the  guaids  wuuld  take  ujmn 
Im  In  Oioucil  the  j^uordfi  ibcre,  who  woiilJ 
faliilHi  tlie  d«li?ery  of  the  Toiver  to  ihem. 
SviCli^tre.    Was  there  auy  talk   of  the 

fwrt  Ve«,  af\ertrards :  He  said  there 
iwbeoo  tloubtof  the  Mint ;  thev  would  l»e 
fMlt  Iftlce  lite  opportuciiy  to  shake  off  their 
mkmmtnl*  And  that  they  would  put  arms 
hm  llMnr  bands,  according  as  tbey  repaired  to 


i(t*  6reii.  When  did  you  see  the  prisoner 
MtiHer  Ibe  time  that  )Oci  speak  of  viewing 
■t  M  Cado^n's  house  T 

jLpwJk.    1  aaw  htm  at  his  own  house,  and  at 

miaX  Mvems  in  the  city  ;    and  once  he  wrote 

a  lie,  ^Icstriog  me  to  rome  to  hiit  lm1|^in«: ;  ac* 

Mtiiagly    1    went,  and   when  J   came  to  his 

t«ne«  1  met  witii  a  Httle  paper  that  was  tePt 

Ibrme,  directing'  tne  to  go  to  the  t^ueeu's-hend 

Hiertim  GreatU^it^en-streetnear  LincoUi's-iun- 

and  to  enquire  ttiere  for  one  Mr.  Wilson  ; 

I  did,  and  t  Ha9  conducted  into  a  room 

ibe  f&aid    Mr.   Wilson    was,   with   Mr. 

Layer  and  another  man,  who  seeiuertf  by  his 

^•tiaeB^  to  be  a  Serjeant  of  the  guards.      I  do 

•al  bMiiv  the  man. 

AliG€9.  What  passed  then? 

XjnadL    We  stuid  a  Uule  while  there,  we 

lalkrit  CTver  the  buKiuess,  and  drank  good  sue* 

eoB  i«  the  eolerprize. 

Sierj  Che$Atrt,  Your  lordship  wit  I  please  to 

notice^  thai  when  he  vrent  to  Mr.  Layer*» 

|iH|png>,  lie  fbiind  a  letter  there,  directing;'  hiui 

I      •»  g«  to  the  Ctueen'S'hi'ad  tavern,  and  enquire 

j      Ibr  wie  Wdxon;    that  when  he  came  there, 

I      Wl^an  woa  there,  and  M\\  Layer,  and  ano- 

ih/n  ntati. 

i*eiv  Vewnflltf.  What  passed  at  that  time? 
L-.  'lioif  material. 

4t:  \uii  tiiikeU  about  driokiugf  good 

■tyrw  Ai»  ibe  enter  prize  :  Who  drank  that  f 
I  L^th^  We  all  drank  that. 

^B-  Aii,  (Jen.  Did  the  prisoner  at  the  bar  drink  it? 
^^m  Ly9fh*  Yet,  he  did.  I  toUl  the  pn!»oner^ 
^VttkM  he  went  out,  that  1  was  mighty  ixn- 
H  m^  u  the  delay  of  this  affair.  He  told 
"  •!»  I  ii*ed  not  be  uneasy,  for  every  thiopr 
well ;  and  they  had  a  nobleinan  at 
who  had  authority  from  the  Pre- 
',  mid  wouhl  lose  do  opportunity  when  a 
it  tfliie  otfereil. 
Herj*  Pen^etli/,   What  did  be  call  the  Pre- 

Ij^ck.    He  called  him  the  king.      1   was 

t  It  Ibc  delay,  for  fear  of  being  dtscovered. 

L,'C.  J*     What  rcafioo  did   h«    give  you, 

mky  yfiu  sboiild  not  be  uneasy  ? 

Ijfmtk*    Because  their  dasi^^  ware  quiekly 


A.aiPi^         [170 

to  be  put  in  executirjii ;  and  ther*  was  a  noble- 
man at  the  hehn  who  would  put  the  desiq^ii  iu 
execution^  as  Imving  full  power  and  authority 
from  the  king  to  act  as  he  thought  proper. 

X.  C\  X  Did  you  ask  who  that  nobleman 
was? 

Xj^nrA.  Yes  ;  hut  be  never  told  me  his  name, 
butsaid,  thit  I  flhonhl,  in  a  proper  time,  he  pre- 
sented to  hin>,  and  receive  my  commission  and 
orders  from  him  to  seize  my  loi-d  Cadogao. 

Serj.  Pcngcllif.  My  lord,  we  shall  now  gra- 
tify the  priHoner's  couhael,  with  an  account  of 
what  happei»ed  in  Essex  ;  I  hope  they  will  not 
be  impatient  to  hrar  that :  Therefore,  pray, 
ac^uuiiit  my  bird  nud  the  jury,  when  you  went 
out  of  town  with  Mr.  Lnyer? 

Lj/nc/i.  My  lord,  I  was  at  Mr  Layer's  hous« 
the  dav  when  the  bishop  of  Rochester  was 
sent  to  the  Tower ;  he  asked  me,  if  I  would 
ride  abroad  with  tiim  the  next  dav  to  take  tlie 
air;  1  consented  to  it,  and  came  tbe  next  morn-' 
ing  to  his  house ;  and  Mr.  Layer  asked  me  if  I 
mounted  h  ith  furniture  :  1  told  hiui  no  ;  but 
that  1  had  a  double  hHrrel  fowling  piece,  which 
if  his  serf  ant  would  carry  would  do  as  well. 
He  then  desired  me  to  go  and  stay  for  him 
without  Aldiii^atc,  and  gel  my  gun  ready  loaden^ 
for  he  had  that  about  nim  which  he  would  not 
lose  for  auy  thing  in  the  world.  1  weut  and 
staid  till  about  ten  or  eleven  o'clock,  when  Mr. 
Layer  niPi  me,  and  ^ave  the  gun  to  bis  str* 
vant  to  carry.  On  the  road  he  told  me,  we 
were  going  to  my  lord  North  and  Grey's,  whom 
he  was  very  well  acquainted  with,  aud  that  he 
would  rccotnmc-nd  me  to  him  as  a  friend  of  his* 
When  we  got  to  tlie  Green-Man,  he  told  me, 
we  had  better  go  in  and  tline  there,  liecause 
dinner-time  would  he  over  before  we  could  get 
to  my  lord  North  and  Grey  *8.  Whilst  dinner 
was  getting  reaily,  we  had  .several  discourses 
on  the  same  subject,  of  the  uneasiness  of  tht 
natioo,  and  its  inchnatiun  to  a  revolution^  and 
how  to  bring  it  about  -  upon  which  he  pulled 
3l  paper  out  of  j^is  pocket,  and  gave  it  me  to 
read  the  latter  part  of  it. 

Scrrj.  FengiU}f.  Can  you  remember  what  it 
coiitained  ? 

l.tfHch.  I  liememher  some  lines  of  it  ;  which 
was,  in  general,  to  invite  the  nation  tn  an  in- 
surrection, aud  to  shake  ofl*  the  calamities  and 
miseries  they  endured  under  the  present  minii* 
try.  And  it  was  mentiiined  in  the  said  (lapery 
that  the  earl  of  Ciidogan  was  actually  in  their 
custody;  thpreby  encouriiging the  army  to  re* 
volt,  with  an  o^ltr  of  three  guineas  to  every 
horseman  aod  siirjcant,  and  two  guineas  to 
every  corporal,  and  one  guinea  In  every  com- 
mon solflier,  to  be  paid  immediately  on  their 
joinittg  the  party,  and  a  promise  of  farther  pre- 
ferment. 

Att  Ci'fi.  Did  you  read  this? 

Lynch,  1  did,  out  of  the  paper  in  Mr.  Layer'* 
hand. 

An,  Gen.  Doyou  know  whose  band -writing 
it  was  ? 

Lynch,  .\ccordingfo  ourdiKOurtf,  Itbougbl 
it  might  be  bis  writing. 


1 

i 

I 


I 


1711  0  GEORGE  I. 

L.  C.  J.  Bill  he  profluced  it  ?* 

I^nek.  Ym,  my  lord,  he  produced  it. 

L.  C.  J.  You  Mj  yon  inia^^ine,  from 
discoume  between  you,  thftt  it  was  his  hand- 
wntini( ;  wimt  ret^on  wa^  there  id  all  liis  dit- 
coune,  thit  induced  vou  to  think  to? 
'  L^nck.  He  Ulkerlot'  it  ss  being  of  bis  own 
miking;  beftides,  there  were  several  interlinea- 
tiPM,  dathing;9-out,  and  intirlineations  after- 
wardn.  He  wan  very  well  fati^fietl  and  easy 
■•  to  me,  and  mid,  be  could  wish  that  he  could 
Mng  matten  abont  so,  as  that  I  could  have 
the  sole  direction  of  seizinir  "ome  of  the  minia- 
try,  and  naroelv,  my  lord  Towoahcnd,  my  lord 
Carteret,  and  Mr.  Walpole. 

Att.Gen.  Was  there  any  diicoursa  about 
Misiu^  the  king  ? 

Lynch.  He  aoid,  when  the  detifpi  was  put 
in  execution,  the  army  would  declare  in  their 
favour,  and  thry  would  send  a  strong  guard  to 
lake  care  of  the  king's  person. 

Att.  Gen.  How  to  take  care  of  the  king's 
person  ?  What  was  you  to  do  P 

l^ch.  Nothing  out  to  secure  the  king's 
person ;  by  what  lie  told  me,  it  was  for  the 
public  good  of  the  kingdom ;  that  they  did 
not  mean,  nor  had  they  any  design  on  the 
king's  person,  but  only  to  keep  him  insecurity 
from  any  insult 

Att.  (ten.  What  more  passed  at  that  time  ? 

J^nch,  Nothing  more  in  particular. 

Att.  Gen.  Had  you  any  talk  relating  to  the 
arany  P 

I^nek.  I  said  before  what  related  to  the 
army. 

Herj.  Pengeliy,  Was  there  any  discourse 
tbout  a  scheme  or  plan  ? 

L^nch.  He  told  lue  there  was  a  scheme  laid 
rni  that  foot,  of  which  I  told  you  the  first  step 
was  to  seize  the  earl  of  Cadogan,  and  then, 
aoconling  as  the  army  came  over,  to  take  care 
nnd  seize  the  king's  person ;  and  he  thought 
the  proper  time  to  put  this  in  execution,  would 
be  at  the  rising  of  llie  camp  in  Hyde-  PSrk. 

8erj.  Pengelly.  Was  there  any  objection  to 
be  made  to  this  T 

Lynch.  No;  I  made  no  objpctk>n,  only 
Ihcwcd  my  uneasiness  at  the  long  delay. 

Sen.  Pengelly.  When  you  so  expressed  yoor 
aneasiness,  what  di<l  he  say  P 

I^nch.  He  told  me,  if  I  could  think  or  pro* 

rany  thing  more  proper,  that  I  should  do 
AfWr  that  we  rode  towani  Bpping,  and 
weut  to  my  lord  North  and  Grey's ;  and  there 
Mr.  I^yrr  introduced  me  as  his  friend.  We 
•laid  there  all  night,  and  dined  there  the  next 
day.  In  the  evening  vre  came  away,  in  com- 
pany with  another  gentleman  that  I  did  not 
know;  but  we  talk«l  on  the  road  about  the 

*  As  to  the  admiiCMbility  of  this  parole  testi- 
mont  of  the  contents  of  writing,  see  in  Leach, 
the  t'asc  of  the  King  against  Aicfcles,  Old 
U^ilev,  January  1784,  anilthoae  of  Le  Bler- 
rhan«i,  I>ecember  177S,  in  Scac.  and  of  Cosin* 
QfftlMi.  OU  Bttley.  September  1784,  wbich 
Mr.  LMcb  caiM  in  A  Nm  to  Rtf  V.  "^* 


Trial  of  Chrititffher  Layer, 


[178 


siioation  of  my  lord's  hoose ;  and  Air.  Layer 
told  Die  be  bad  recommended  me  to  his  kicd- 
ship  as  his  partkalarfriendy  and  asked  me  bow 
I  liked  him. 

Serj.  Pengelly,  Did  he  ask  yoo  any  qoes* 
tionsi*  Do  you  remember  what  he  called  his 
lonlship  ? 

Lynch,  I  do  not  remember  any  other  naoM 
but  loj  lord. 

8er|.  PtngcUy.  When  be  asked  year  api- 
nion  of  him,  and  how  yon  liked  bio,  didna 
describe  him  in  any  oUier  manner,  or  aniy 
called  him  my  lord  ? 

Lynch.  He  only  called  him  my  lord  NaiA 
and  Grey  ;  he  only  asked  me  how  I  Uked  my 
lord  North  and  Grey. 

Serj.  PengtUy.  Liked  his  kirdsbip,  for  what? 

Lynch,  That  was  all. 

Mr.  Reeve.  Had  you  any  talk  with  bim 
abont  the  person  that  was  to  have  the  chief 
command  ? 

Lynch.  Yes;  but  he  never  named  tba 
person. 

Mr.  Wett.  Had  yon  nerer  any  discooraa 
who  was  to  command  the  party  that  was  tn 
seize  my  lord  Cadogan  P 

Lynch.  I  waste  command  that  partj. 

Mr.  Wat.  Was  you  any  other  time  at  BJ 
lord  North  and  Grey's  ? 

Lynch.  Yes;  another  time  I  went  to  my 
k>rd*^  North  and  Grev's,  where  1  found  Mr. 
Layer,  and  expresred  to  Mr.  Layer  the  naaa-- 
siness  J  was  in  at  the  long  delay,  and  that  1  was 
afraid  onr  hopes  would  vanish ;  and  toM  hin. 
if  things  were  not  soon  put  in  executiooi  I 
would  withdraw  myself.  Mr.  Layer  bid  na 
not  to  be  uneasy,  things  roi^ht  perhaps  Is 
sooner  put  in  execution  than  I  imagined. 

Mr.  West.  Where  was  thisP 

Lynch.  At  Epping,  at  my  lord  North  and 
Grej's. 

Mr.  Wett.  Did  yon  oome  home  together  f 

Lynch.  No ;  I  came  home  that  night :  Mr. 
Layer  remained  there. 

Serj.  PengtUy.  Did  yon  sea  him  some  time 
afterwards  P  ' 

Lynch.  I  met  him  at  his  own  honse,  where 
I  expressing  my  uneasiness  as  foroM^y,  ha 
said,  I  should  not  be  uneasy,  for  things  waaM 
soon  take  effect ;  and  bid  me  get  myself  ready 
to  execute  my  design ;  becanse  they  had  notiea 
the  camp  would  soon  break  np,  which  waa  tha 
time  designed  to  put  things  in  executkm.  And 
at  another  time  he  told  me,  that  the  declaration 
which  be  had  shewn  me  at  the  Green  Man, 
had  mentioned  no  particular  peiwns,  but  In 
general  the  safety  and  public  good  of  the 
kingilom  ;  there  was  nothmg  mentioned  of  tha 
Pretender  in  it,  but  that  he  had  thought  fit  la 
put  it  now  in  the  Pretender's  name. 

Serj.  Pengelly.  Who  was  you  to  reeeifn 
your  particular  orders  from,  for  the  ezecating 
yoiir  design  P 

Lynch.  From  that  nobleman,  who  was  In 
act  as  general  in  this  aHair.  ' 

Sen.  Pengelly.  Did  yon  nercr  hear 
Mr.  Layir  who  ibai  was  r 


Jbr  High  TreasoH*  ^l 

^fmch*  Kit ;  I  ilonH  i^ecollect  \\e  ivas  ever 
MM  hy  Mr«  LMrer ;  Ua  told  me,  ifml  tlie 
MwKliiiii  wJks  ftUerwftrds  put  to  the  nnone  of 
itfyiMder. 

9m,  Pemgciiy,  Wbat  was  it  lie  recom- 
mmim  yom  to  my  lord  North  anc)  Grey  for? 

ifmtM,  lie  rcc commended  lue  to  hiui  aa  otie 
tf  lis  fMfticulikr  Jiteiulj, 

Scij.  Pengciiy,  What  discourse  had  yoii  at 

We   talk^   iorlifferently ;   we  dis- 

\wMhuif^  of  til e  revolution  at  that  time : 

e  tie  bad  girtn  tlie  dtwlaratjoQ  to  a 

miniater  to  ^t    printod,    aud   had 

^10  guineas  for  that  purpose, 

Crcm.  Was  you  acqyaiDteil  before  with 

i  NeKb  and  Grey  ? 

No ;  be  introduced  me  as  one  of  his 

htjJ[ire>    Did    you  koow  when  Blr. 
I  QTkl  taken  up  ? — hynck.  Yet}, 
.  Chahire,    Iloir  long  before  that  bad 
m  with  him  f 
i^zk*    1  cannot  recollect  the  time.     I  6rst 
tfTiiiie  ac«)u«inted  with  Mr.  Layer  abuut  June, 
iimtj,  C^ishire.    H'htit  passed  the  last  time 
%apit  «r«a  w'ab  him,  belbre  he  was  taken  up  ? 
If  M  there  any  particular  conference  between 
y9tkf 
J^fmeA,  I  told  you  about  tbe  declaration^  ami 
iDy   uoea»inefl9«   aod  that  he   tuld  me 
I  wiMild  succeed  sooner  than  I  thought  for. 
.  CheUure*  When  you  exprested  your 
~- —    did  he  use  any  vehemence  o<  ex* 
i  to  what  part  he  would  act  ? 
X^nth,  He  told  me  seT«^ral  times,  when  I 
mmM  «•  irresolute  and  uneasy,  saith  be^  don't 
^■t  ^  iioeasy  ;  rather  than  all  should  fail,  I 
wilt  siir  tip  and  be  a  second  Mn^Ninello. 

ilr.  If  etf.  Had  you  any  conversation  about 
Iheiakirt^  up  of  any  person  ? 

htftuA,  He  only  told  me  at  that  time,  that 
if  the  nobleman  at  the  bead  of  affaire  should 
be  Uken  up,  every  thin^  wouhl  be  (]ua«hed. 

IJerj,   /V/T£f/(v.    That    nobleuran   was   not 
iMLfO  yp  at  ttmt  time  then  ? 
Jjfmdi^     No. 

hlety  Pen^tfly*  What  recommendation  bad 
j&m  to  my  lord  Noith  aod  Grey  ? 

t^mck'  tliily  as  a  friend  of  i!hlr*  Layer 'a^  to 
|eia  awm\^  tl^c  time  iu  summer, 

Mr  -V</.  I  presume  they  have  done 

%ilfc  w  ^    evideuee,  which  ihey  intend, 

d  mk\  nv^itfict  in   the  couirty  ol'  iSssex  ;  if 
ii^  baie^,  I  would  cmve  tbe  liberty  m  ob* 

^m^  Ftn^eli^.   We  liave  not  done ;  if  yon 

«ny  tbmjf  lo  ob:»erve,  it  must  be  when  we 

fTOike  ihrou|^h  our  evidence. 

JL  C.  J.    U'hen  they  have  given   all  their 

ce,  tlu'ii    will    be  your  projier  time  to 

lo  the  evidence,  and  lo  shew  whether 

i&  cnmpfteiU  or  no. 

Mr.  Hun^crjord.  I  do  not  press  to  make  any 

rks  upon   their  whole  evidence;    but  if 

kave  uivcn  all  the  evidence  ibey  intend  tf> 

ife  of  any  ^erl-act  in  Essex,  for  oo  that 


A.  D.  172f. 


[174 


depends  the  fate  of  this  gentleman  at  the  bar, 
1  hope  we  are  now  (before  they  shall  be  per* 
m  it  ted  to  give  evidence  ot  any  farther  overt- 
act  of  treason  in  sinother  cojiniy)  at  hbeiiy  lo 
oljject,  that  tbe  transaction  in  Ezi^ex  is  nut  aA 
overt-act  at  ail  of  the  high-treasou  laid  in  this 
Indictment. 

SoL  Gen,  We  ba? e  not  done :  when  we 
have  given  our  evidence  then  it  will  be  proper 
for  them  to  make  their  objections  to  the  whole. 

Mr.  UungcrjWd,  i  humbly  otfer  it  to  yimr 
lordshipV  consideration,  whether  it  is  ri|»h| 
and  proper  to  go  on  in  such  a  method,  and  t<» 
take  up  tbe  time  of  tlie  Court,  when  tbe  ^^w* 
tlemen  on  tbe  other  side  say,  tbey  have  duno 
with  giving  evidence  as  to  any  overt-act  in  the 
county  of  "Essex. 

$oL  Gen,  No  ;  we  have  not  done  with  that 
evidence. 

Mr,  Ketclhty,  I  don't  know  whether  your 
lordship  will  indulge  us  to  ask  tbe  witness  « 
question  or  two  now. 

L,  C.  J,  Propose  your  quest! onst  ^nd  wo 
will  tell  you, 

Mi\  Keteibey.  Whether  be  bath  any  ofifer  of 
pardon  proposed  to  him  to  induce  hint  lo  ffivo 
evideotoe  against  the  prisoner  at  the  bar ;  which 
if  be  bath,  we  apprehend^  will  invalidate  hia 
eFidencc. 

LyucL  No,  Sir ;  I  have  no  promise  of 
parduD  at  all :  i  only  do  this  out  of  justice,  to 
make  what  reparation  1  can,  and  to  aave  the 
blood  of  many  people. 

Mr.  Keteibey,  I  be^  leave  to  ask  htm  a  feir 
more  ques lions.  I  thmk  you  say  the  Grst  timf 
you  were  introduced  into  this  gentleman's 
company,  the  prisoner  at  tbe  bar  was  at  tbe 
Griffin- tavern  iu  Uolborn,  and  that  be  then 
told  you  he  bad  great  desig-ns  in  band;  and 
that  'there  was  an  insurrection  designed,  and 
they  wanted  a  person  of  resolution  to  seine  & 
general :  this,  you  say,  wa^  the  fir^t  time  thai 
ever  you  saw  the  prisoner  at  the  bar*  How 
came  you  to  have  toat  share  of  confidence  in  m 
man  that  you  never  saw  before  c* 

Lynch*  I  told  you  1  was  iu  discourse  witlt 
Dr.  Murpbey  a  g:reat  many  days  and  weeks 
before  1  saw  Mr.  Layers  I  told  you  how 
every  day  I  i^a^v  him,  and  always  discuursed 
about  the  insurrectioUf  aud  how  he  told  me 
then,  that  be  would  recommend  me  lo  a  man 
tlial  had  the  mana<sremeut  of  the  greatest  part 
in  this  affair  ;  and  1  asked  every  day  when  f 
fih^uld  be  introduced  to  him :  he  told  me,  the 
time  was  not  come  yet;  but  when  it  was  a 
proper  time,  he  would  introduce  me, 

Mr.  KcUibet/.  I  think  you  jfive  that  for  a 
reason,  why  you  bad  that  contideoce  in  biui, 
because  you  bad  been  recommended  by  one 
Dr.  Murpliey.  How  came  you  tri  have  that 
mio^hly  dependance  on  Dr  Murpbey  ? 

L\/itch.  Because  Dr.  Murpbey  and  I  bad 
been  accpiainted  several  years  ago. 

Mr.  Ktielbfjf,  I  hope  you  waa  not  in  thy 
wicked  design  with  Dr.  Murpbey,  and  §6 
much  acquainted,  as  to  recommend  you  in  • 
case  of  treason* 


175] 


9  GEOKGE  t 


Lynch,  There  was  a  oomiaoD  ffieodship 
between  at. 

Mr.  Ketdkey,  How  came  be  to  trott  jou  ? 
Would  yoa  have  trusted  him  in  a  bosiness  of 
treasoar 

Lynch.  We  have  been  concerned  io  aflairs 
togfrtber. 

Mr.  Kettlkey.  How  long  was  yon  al  the 
Green  Man  wiih  Mr.  Layer  ? 

Lwk,  1  cannot  say  exactly  the  time. 

Mr.  Keteibey.  I  don*t  ask  yoi^  exactly  to  a 
minute  or  two ;  but  was  yon  there  an'honr, 
or  two,  or  three  hours  ? 

Lym€h,  I  cannot  say  whether  we  were  there 
an  hour  or  two ;  but  we  had  something  dressed 
lor  dinner,  and  the  matter  was  discoursed  of  by 
us  before  dinner. 

Mr.  Ketelbey,  When  yon  first  alighted  from 
your  horses,  what  room  was  yon  shewn  into? 

Lynch.  We  were  shewn  into  a  room  op  one 
pair  of  stairs  on  the  right  hand,  the  first  room. 

3Ir.  KeUlbey.  Was  it  towards  the  street  or 
backwards? 

Lynch.  It  looked  into  the  common  road. 

Mr.  Keulbey.  Did  you  look  out  of  the 
window  and  see  a  person  of  vonr  acquaintance  ? 

Lynch.  I  saw  two  gentlemen,  but  dkl  not 
know  them. 

Mr.  Ketelbey.  Did  you  not  look  out  of  the 
window,  and  say,  you  saw  a  gentleman  of  your 
acquaintance  f 

Lynch.  I  said  I  saw  two  gentlemen  that  I 
thou^t  I  had  seen  before. 

Mr.  Keieibey.  Did  not  you  go  down  to  those 
gentlemen? 

Lynch.  No,  I  did  not  go  down  to  them. 

M  r.  Ketelbey.  Did  not  you  go  down  to  them  ? 

Lynch.  No.  % 

Mr.  Keielbew.  Did  not  you  sav  so  to  Mr. 
Layer,  in  the  Jrawer's  presence  P — t^nch.  No. 

PriMmer,  Did  you  not'  tell  me  that  those 
gentlemen  were  your  acquaintance? 

Lynch.  I  told  you  those  two  gentlemen  I 
had  seen  before. 

Prisoner.  How  lonff  were  we  together  at  the 
Green  Man  ?    Were  the  horses  put  up,  or  cwt  ? 

XryncA.  I  cannot  tell. 

Frmmer.  Was  there  any  thing  dressed  for 
our  dinner  but  a  beef-steak  ? 

Lynch.  No,  nothing  else. 

Prisoner.  Did  not  you  go  down  stairs,  pre- 
tending ?ou  went  to  those  geutlemen  ? 

L^nch.  No,  I  did  not  tell  you  I  went  to 
those  gentlemen. 

Prisoner.  Did  you  not  «*o  downstairs? 

Lynch.  Yes,  I  did,  and  came  up  again 
immediately. 

Prisoner.  Was  noi  dinner  on  table  when  you 
came  up  again? 

Lynch.  I  went  down  twice  before  dioner. 

Prisoner.  Then  you  must  consequently  le^re 
mein  the  room. 

lAinch.  I  went  down  to  make  water. 
,  Priaomer,  What  did  yon  go  down  the  second 
^~i  for? 


ymek.  Outof 


^yt'wsi..  How  long  did  you  staj 


Trial  of  Cairutcpher  Layer,      ^  [170 

Lynch.  Not  both  times  above  two  minotea. 

Prisoner.  1  was  then  aloae,  when  you  went 
down?~LyncA.  Yes. 

Prisoner.  Was  this  discourse  before  or  uAer 
dinner? 

Lynch.  It  was  before  dinner. 

Prisoner.  When  yon  came  up  the  second 
time,  w  as  not  dinner  on  the  table  ? 

Lynch.  It  waa  come  np. 

Prisoner.  And  yet  the  discourse  we  had  was 
before  dinner? 

Lynch.  Yes«  it  was  before  dinner. 

Prisoner.  How  mudrtime  might  we  spend 
before  dinner,  half  an  hour  or  an  hour  ? 

Lynch.  ]  do  not  remember,  but  it  waaa  good 

Prisoner.  Was  not  thfe  double  barrel  gun  in 
the  room? 

Lynch.  1  do  not  knbw  whether  it  waa  there, 
or  whether  your  servant  had  it.    « 

Prisoner,  At  the  time  of  dinner  was  mj  ser* 
vant,  or  drawer,  in  the  room  ? 

Lynch.  Neither  of  them  was  in  the  mom. 

Prisoner.  You  say  we  were  a  good  i»hi!e» 
you  and  1,  alone ;   pray,  bow  long? 

Sfnch.  I  cannot  say  positively  how  long, 
r.  Hungetford.   Have  yon  any  copy  of 
that  part  of  the  paper  he  gave  you  to  rend,  and 
whicn  you  read  ? — Lynch.  No. 
Mr.  uungaford.  Was  the  whole  of  it  of  any 


jnch.  To  the  best  of  my  remembrance  it 
was'a  oomoion  sheet  of  psper*. 

Mr.  Uungcfford.  Did  yon  read  the  whole  F 

Lynch.  No ;  he  doubled  it  down^aBd  gave 
me  the  latter  put  of  it  to  read.* 

Mr.  KeUibey.  Some  things  yon  seem  to  re* 
member,  and  some  thiogs  you  do  not  ra> 
member:  was  it  printed,  or  written  ? 

LmcH.  It  was  written. 

Mr.  Ketelbey.  Did  he  not  mention  it  to  be 
the  prince  of  Orange's  declaration  ? 

iynch.  No,  he  did  not. 

prisoner.  Was  not  the  paper  blotted  ?  ' 

Lynch.  lu  that  I  saw  there  were  two  or  three 
places  iotcrliued. 

Mr.  Hungerf'ord.  My  lord,  I  thiidc  the  gen- 
tlemen did  say  they  had  not  done  with  their 
evidence,  with  relation  to  an  overt- act  in  Essex ; 
if  they  have  not,  thev  will  do  well  to  go  on  no\« : 
but  we  hope  they  shall  not  go  into  overt- acts 
committe<l  io  any  other  county,  till  they  make 
the  whole  of  their  proolii  of  an  overt- act  in 
Essex. 

L.  C.  J.  You  have  been  told,  thet  shouUl 
proceed  in  their  own  method,  aud  wiien  they 
have  done,  you  may  make  wliat  observatiottS 
may  be  of  service  to  votir  client 

Mr.  Hungcrj\»rd.  delations  offset  arisinfr  in 
another  couuty,  which  have  no  reUtion  to  the 
fact  arising  in  E^tex,  we  hope  tliry  shall  not 
go  into,  to  amuse  or  captivate  the  jury,  llw 
court  and  the  auditory. 

L.  C.  J.  Sure  never  any  thing  waa  like  this! 

•  See  Attorney  General  v.  Le  Merchant. «  T. 
Rep.  ^00. 


IT7J        '  Jhf  High  Treason. 

^  UkmM"  pr^iftce  to  give  directions,  anil  we 

'  Ibnik  it  not  proper  to  interrupt  ibe  kind's  «oun- 

irf»  but  ihst  they  should  jiroceed  in  their  owo 

Mbod :    you  shull  be  heard  as  long'  as  yon 

lietse^  whin  yoo  come  to  mmke  your  observa- 

StL  Gem,  The  prisoner  bath  a  right  to  say 
mf  Mai^  tlial  is  proper  lo  the  court  aiir)  tbe 
jvjr.ift  m«  «leftff>cc,  but  he  must  s«y  it  openly ; 
te  IS  iMt  ta  talk  prJTaiely  with  tbe  jury  ; 
llmfk  I  •m  sure  they  are  genii  em  en  of  so 
pHi  vortti  titid  lionour  as  not  to  l»e  influenced. 

4ir*  Om.  I  dare  say  the  jury  will  not  Ut*in- 
1 ;  but  be  tslks  rif  his  con  rise)  so  loiid^  that 


A«  JBry  may  easily  bear  every  word  he  says, 
h  C,J.  He  mUHi  not  ^penk  no  hiuL 
dt$*  Oen.  1  just  no^v  bf-nrd  biin  say.  It  was 
Itnmgb  %i»  fs*>  on  wilb  <^tiden('e  that  vvould  not 
kftatW  purpose,  I  lieHrd  him,  as  I  E^tbere; 
kltaM  fieny  it  if  he  cau. 

LC  J    I  b*»pe  you  will  not  offer  any  thing 
afllMkio4l«  Mr,  Layer:   you  have  a'riifht  to 
^mmurmB  with  your  couusd,   IhiI  you  must  do 
ilia  •neb  m  manner  at  ibe  jury  may  not  tiear. 

Mr.  Hun^aj'ord.  Indeed,  ray  Inrd,  be  iliall 
kt9p  no  •ocvirragefnent  from  u»  tor  any  such 

Matthew  Flunkett  sworn. 

6lf|,  Chetk,  Tell  my  lord  and  tbe  jury,  whe- 
tfwr  Ifoti  kof>w  I  he  pririoner  at  the  hnr, 
pfmmkAi.  Yt«,  I  do  know  bim. 
8ir|.  C^^    Win  you  tell  my  lord  and  the 
jury  upon  what  account  and  by  whose  meaosi 
y%Hi  fir^l  became  acquamled  ? 

i*tunkfii.  One  majiir  Barn e well  brought  me 
firai  aCi^uamted  with  Mr.  Layer;  he  had  an 
eatioo  in  his  house  in  Great  Queen  i^lreet, 
tliw  m^jor  Uarnewell  eume  to  me,  and  de* 
i»c  to  g-et  a  couple  of  grenadiers.  I 
lit  him  two;  we  went  to  Mr.  Laver^s 
,  moct  his  clefk  let  us  in  at  the  hack  door, 
«i4tlie  grmattien  turneil  the  officers  out,  and 
Mr.  Uayer  gate  them  a  crowji^  aud  a  glaj»B  ul' 


IWrj.  Ch€%h.  Wheo  was  this? 
Pimnkttt*  Ab  Dear  as  I  can  g^uess,  it  is  going 
OQgf^Ye  years, 

8rrf.  Cheih,  Tell  my  lord  and  the  jury  what 
mmMh  to  this  last  year  yoa  renewed  the  ac- 
fmtfimncje^  and  who  brougUt  yon  to  him  P 

^hgmkUt.  The  next  acquaintance  1  had  al^ 
l»«m!t^  was  by  major  Barnewell,  who  was 
■>iiani»  and  he  sent  mc  with  a  letter  tu  bis 
Imt,  t«^  ftc»ire  him  to  rehevehim.. 

$m}.  Chfih.  Do  you  know  any  thing  of  one 
lm»  Piunkeuf 

%keit.  Yes  -,  he  came  lo  me  from  Mr. 
July  last,  to  desire  me  lo  m*'«t  him  ; 
this  counsellor  Layer  and  this  James 
Ploiikvtt  came  acquamtr^d  I  do  not  know. 
Seij.  C^cfA.  What  was  he f 
Fiiitkeii,    I  don't  know  what  he  is;  htsia 
MiuiliWil  «rfth  Mr,  Laver. 
9tf}r  ChaL  What  pnifession  is  heof  ? 
Ptmnkeii.  I  doaH  know  ;  nor  how  he  hfm, 
m  C^la  his  bread. 
VOL.  XVL 


A,D.  1722.  [178 

L,  C.  X  Go  on. 

Flunkett,  Mr,  Layer  paid  the  charges  for 
major  Barnewcll,  and'  brought  him  out  of  lh« 
MarJibalsea. 
Mr.  Ree^e,  liow  long  was  this  ago? 
Flunkett,    To  the  best  of  my  knowledge 
four  years  ago. 

Mr.  R€€V€*  He  ta  giving  an  account  how  he 
came  to  be  acquainted  with  Mr.  Layer;  the 
first  lime  was  upon  the  account  of  rescuing 
Mr.  Layer's  goods;  the  other  time  was  by  Mr, 
Layer's  retleeming  major  Barnewell  out  of  the 
Marshalst  a,  and  paying  his  dtbt  t  Give  an  ac- 
count bow  you  came  last  acquainteil  wilh  bim. 
Fhtnkrit.    1   being  at   home,  in  my  owu 

room 

Mr,  Ji^^pe,  How  long  ago  f 
Flunkett,  I  beheve,  as  near  as  I  can  guei% 
it  was  last  July. 

Mr.  Reeve.  Gife  an  account  of  what  hap- 
peneti  Ihen. 

Flunkett,  Now  this  Jamea  Plunk ett  came 
into  my  ronm,  ^t  dowu,  and  be  a^ked  me  how 
1  did,  and  said,  he  was  glad  to  see  me  ;  and  be 
asked  me,  are  you  nut  well  acquainted  in  the 
army  ?  Yes,  saith  I,  1  kuuw  a  great  many  in 
tbe  army,  both  officers  and  common  soldiers* 
Doyou  know,  sailh  he,  any  of  the  Serjeants  of 
the  guards?  i  know  some  of  them,  said  l« 
He  brought  me  out  of  the  room»  becauise  my 
wife  was  there,  and  then  he  opened  his  mind 
to  me :  Saith  he,  do  you  know  one  Mr,  Layer  * 
(I  hid  forgoi  ihe  gentleman,  being  ao  slightly 
acquainted  nil h  hmi ;)  No,  saith  1,  I  don't 
know  iiim.  No  matter,  sniib  be,  1  have  ap- 
pointed a  place  tor  you  to  oieet  lilm  at,  at  the 
Italian  coffee  house  in  Uoi^e^ court;  and  at 
tbe  end  of  lifts,  Mr.  Plunkett  ajtked  me  to  keep 
corresponilence  with  thena  for  the  Frelender*a 
service.  1  did  not.gtt  to  tbe  Italian  coflTee- 
boDsei  not  being  in  a  proper  static n,  nor  having 
money  for  that  purpo^^  i  So  I  did  not  think 
proper  to  go  to  the  Italinn  coffee-house ;  but 
tlie  Sunday  following  I  went  to  Si,  Andrew^a 
church,  and  meeting  with  some  friends,  ihey 
told  me  Dfr  Sacheverel  preached  there ;  and  so 
they  decoyed  me  to  go  aud  hear  fiint  preach 
there.  Whea  service  was  over,  to  the  b*M  of 
my  knowledge,  as  I  was  going  home,  between 
itiVlfe  and  one  o'clock,  I  met  ^Ir.  Layei*  acci- 
denlallv  in  Liucotn^8-inn>fictd» ;  Mr*  I^yer 
he  looKed  at  me,  be  was  really  a  perfect 
stranger  to  me,  lor  J  did  not  know  hitti  again  ; 
saith  he,  is  not  your  name  Piujiketl  f  V«> 
satih  L  Was  there  not  one  with  yon,  the  other 
niirht,  one  James  Plunkett?  Yes,  !::iir,  aaya  K 
Where  did  he  desire  you  to  goT  said  he.  I 
answered,  be  desired  me  to  go  to  the  Jtaltan 
cofTee^  house  in  Hussel-court.  Saith  he,  it  is 
well  enough  :  Do  you  not  know  the  ?  No,  saith 
L  you  have  the  advantage  of  me  ;  I  ask  your 
pardoo,  for  1  don't  remember  you,  l5on*t 
you  remember  one  Layer  ?  said  he.  Thea  I 
called  to  mind  that  1  knew  the  gentleman. 
Salih  he^  will  you  walk  on  this  side?  1  walked 
buck  again  towards  Little  Tarn -Stile,  and  we 
struck  up  the  wall'tide,  aad  juat  as  wt  can* 
N 


i 


179J 


9  GEORGE  I. 


Trial  of  Christopher  Layer, 


[180 


uniler  a  great  coach-house  g^te-way,  we  went 
in,  and  in  the  g^te-way  he  talked  to  roe  ;  saith 
he,  1  am  told  that  you  are  a  very  honest  man, 
and  well  affected  so  and  so. 

Mr.  Afeve.    Well-affected,  to  whom  ? 

Plunkett,  Well-affected  as  to  the  business 
of  the  Pretender.  At  the  same  time  we  had 
this  talk,  he  bid  me  not  mention  it  to  James 
Pluiikett,  that  I  had  seen  him :  Then  he  asked 
roe  if  I  knew  any  of  the  Serjeants  in  the  guards; 
for,  saith  he,  f  want  such  old  soldiers  as  you 
are  yourself,  that  could  discipline  a  mob,  for 
we  hare  other  men  enouf^h  amonfirst  us ;  but  if 
we  could  get  some  old  soldiers,  if  that  could  be 
managed,  tliey  wonid  be  iinel3f  rewarded. 
But,  Sir,  saith  I,  the  Pretender  is  a  Papist. 
8aith  he,  what  difference  is  there  between  a 
Papist  king,  and  a  Lutheran  king? 

Mr.  Reeve,  Hejiaid  he  wante«T  such  old  sol- 
diers as  you  ;  for  what  ? 

Plunkett,  He  wanted  them  to  discipline  a 
mob,  and  to  put  them  in  order.  Then  we 
bc^n  to  reason  about  the  Pretender;  why, 
saiih  he,  we  had  as  good  have  a  Papist  for  our 
king  as  a  Lutheran. 

Seij.  Cheshire.  What  did  you  object? 

Plunkett,  I  said  be  was  a  Papist.  Bajrs  he, 
we  had  as  good  bare  a  Papist  tor  our  king,  as 
to  have  a  Lutheran,  I  don't  know  what  dif- 
ference there  is ;  but  as  it  was,  the  nation  was 
enslaved,  and  the  people  were  obliged  to  be 
slaves.  I  asked  him.  Sir,  who  is  the  promoter 
of  this,  that  may  join  us  f  You  see,  says  he, 
what  iujustice  is  done  to  yon,  you  have  served 
abroad,  and  others  are  nut  over  your  head ; 
you  have  had  and  founa  great  hardships.  I 
Aflked  him  who  promotcxi  this?  He  said,  the 
lord  North  and  Grey.  Says  I,  he  is  a  peer  of 
the  realm.  Saith  he,  he  is  a  6ne  general. 
And  tl  e  earl  of  Strafford  he  mentioned. 

Mr.  Reeve.  Who  did  hcsay  was  a  fine  ge- 
neral? 

Ptun,  He  said  my  loni  North  and  Grey  was 
a  fine  general ;  and  asked  me  what  1  thought 
of  him?  I  said,  I  had  never  been  under  nis 
command,  but  I  looked  u|K)n  bim'  to  be  a  grest 
man,  and  one  of  tlie  peers  of  the  land.  And 
then  he  meDtione<l  my  loni  Strafford,  what  do 
you  tbink  of  bim  ?  To  which  I  made  the  like- 
an<:wer.  And  what  do  you  think  of  general 
Primrose  ?  I  said,  I  had  lately  seen  lim  at 
Chelsea,  passing  by  in  his  coach,  but  that  he 
was  an  old  man  ;  however,  Mr.  Layer  said  he 
was  a  brave  general.  Then  he  asked  me  what 
I  thoiicrht  of  general  Webb  ?  I  said  1  bad  beard 
of  his  fame. 

Serj.  Feng.  When  he  had  said  my  lord 
North  and  Grey  was  a  fine  general,  and  when 
you  asked  who  promoted  it,  whether  did  Mr. 
Lsyer  tell  you  what  their  design  was  to  do  ? 
When  Mr.  Layer  asked  you  what  do  you  tliink 
of  t!ii4  person  and  the  other  pfrson,  what  were 
tliey  to  do  ?—Plun.  To  raise  a  rebellion. 

Serj.  Peng.  Was  that  talked  of  that  ikutt 

Ptun.  Not  at  that  time. 

L.  C.  J.  You  say  he  wantml  such  cJd  Ml' 
difcn;aayoa;  forwhatpurpoM?  Ya!i.i^>| 


wanted  them  to  discipline  a  moh,  and  pat  it  io 
order  ? — Plun.  Yes,  my  lord. 

L,  C.  J.  Did  he  tell  you  how  many  he 
wanted  ?  * 

Plun,  No;  he  did  not  say  how  many. 

Serj.  Chr.$h.  War:  there  any  thing  said  about 
their  names  at  that  time  ? 

Plun.  Mr.  Layer  would  have  roe  take  a  list 
of  their  names,  and  to  enrol  them,  that  tbey 
might  know  where  they  lodged,  and  where 
they  quartered  ;  that  so  when  he  wanted  tbcBi 
he  might  send  for  them  to  be  in  readiness. 

Serj.  Cheth,  Was  there  any  number  he  etked 
you  the  names  of? 

Plun.  I  said,  1  knew  a  great  many,  and  that 
I  could  get  25.  Saith  he,  you  ought  to  have  a 
list  of  their  names,  where  they  lodge,  thai  tbey 
may  be  in  readiness  for  a  call :  and  aaith  be. 
This  would  have  gone  on  some  time -ago,  only 
somebody  made  discovery  of  it  to  the  French 
ambassador,  and  he  wrote  to  the  regent,  end  so 
it  was  dbcovered  to  the  king :  and  saith  be^ 
The  duke  of  Onnond  was  to  come  in  one  ship, 
and  general  Dillon  in  another,  and  thev  would 
bring  their  numbers  with  them  ;  and  then  I 
should  see  that  the  army  would  not  oppose 
them.  And  when  I  parted  from  bim,  be  gave 
me  half  a  crown  to  drink. 

Serj.  Chesh.  What  was  that  to  do? 

Plun.  It  was  to  encourage  me.  And  he 
said  he  would  send  a  messenger  to  me ;  and  in 
a  day  or  two  afterwards  there  came  a  mes- 
senger from  him :  1  was  not  at  home,  but  be 
spoke  with  my- wife. 

Serj.  Chesh.  Who  was  that? 

Plun.  The  nn-juring  minister. 

Att.  Gen.  What  was  his  name  ? 

P/un.  tl  is  name  was  Jeffreys. 
-    Att.  Gen.    You  say,  you  was  not  at  bomf 
the  first  time ;  did  he  come  again  ? 

Plun.    Yes. 

Att.  Gen.  How  long  alUr? 

Plun.  A  matter  of  fi^e  or  six  days  after. 

Att.  Gen.  Did  you  see  him  ? 

Plun.    Yes,  I  saw  him. 

Att,  Gen.  What  passed  between  you  ? 

Plun.  He  asked  roe  if  1  knew  Mr.  Layer? 
I  told  him  I  did.  He  then  carried  me  to  the 
Castle  tavern  in  Drury-lane,  where  we  drank 
two  pints  of  wine,  which  he  paid  for ;  after  tlie 
non-juring  parson  toUl  me  he  came  from  Layer, 
who  gave  his  service,  and  told  roe  that  he  was 
eroployed  by  Mr.  Layer  to  go  to  such  as  I  was, 
who  were  old  seijeants,  to  get  a  parcel  tofifether 
to  discipline  citizens,  and  other  mob  in  the 
country. 

Att.  Gen.  What  farther  passed  between  yon 
and  Mr.  Jeffreys  ? 

Mr.  Ketelbey.  1  beg  leave  to  object  to  that 
question.  i 

Att.  Gen.    If  I  do  not  bring  it  home  to  Mr-  - ^ 
Layer,  it  will  signify  notfting.  •* 

L  C.  J.    Mr.  Kfitelb-«n  yon  know 
many  timea  in  i 
tionml 


f(^  High  Treason^ 


Mr.  Hmmgefford*  It  19  a  con^ant  rule,  if  a 
■ui  spemki  of  A  third  persoD-s  traiisacttons,  h 
iitenredas  DoihiD^f  qdi)  comtnoiily  stuji|ieil 
torn  hmg  gfiven  in  eviitence. 

L,(X  J,  If  ihev  be^ia  right,  tlipy  will  give 
mitmce  iti  such  ii  methtHi  as  to  he  uudemtood  : 
hf  ^edariti^  what  passed  bettvi-t?!!  him  mici 
inndkMlf  Uie  evideoce  may  be  the  bttti^'r  un- 


Wf^Miticlbey,  f  do  not  doubt  ynur  tordsbip^s 
^rectiOQ  ntrht ;    but  I  observe  this,  lest 

the  jury  should  not  take  it  right, 
C  J*     liet  Uie  evideuee  be  given  in  such 
i  may  be  imderstood  ;    what  is  m- 


lf«e« 


"for  nothing',  but  it  is  in  order  ''there, 


I  the  evidence, 
Gm.     What  paased  between  you  and 
I'Juriog  parson  at  the  Castle  tarern? 
^hm*  He  talked  to  me  of  the  same  aubject, 
*  m>o  to  get  men  in  readioeas;   he  tuld 
rizmtl  a  great  many  places  to  gfo  to  be- 
Willi  this  errand,  and  then  we  ported. 
'  lime  he  ciame  to  me,  we  went  to  im 
^  to  the  C,ock  and  Bottle  tn  the  Strand, 
be  gave  rne  half  a  ^liuea,  and  satdi 
fclft  a  tokifo  ;    Mr.  Layer  bad  sent  it  me  to 
gm  ine  encouraitement, 

Sef}.  P^ng,     At  that  time  that  Air.  Layer 
m^  he  wovdd  aend  a  messeng^cr  to  you,  did  he 
Hpotlktn  any  thini^  of  money  ? 
I^B^  Flun,  ftlr.  Layer  said  he  woqUI  send  money 
^■p  Ukm  messenger  to  me, 
|F^  JL.  C  X  You  say  he  tohJ  you,  that  he  would 
"leini  you  nnoneyby  the  measeng^erf 
Phin*  He  told  me  so. 
X»  C.  X     Afterwards  you  say,  one  came  to 
ywn  wm  from  him,  and  encouragfed  you,  and 
gmve  joti  half  a  i^uinea  ? 

Pl«ft<     He  did  :  1  am  upon  my  oath  before 
Ood  Ami  nuui,.  1  wUt  say  nothings  hut  the 


8erj*  Chrthire.  0id  yop  receif  e  any  measn^ 
from  JeflVeys  to  appoint  a  meeting  with  Mr. 
La  ver  f 

yimn*  Some  time  after wnrds  1  met  Mr. 
Ijiyer  ol  eight  uVlock,  at  the  Castle  tavern  in 
0ntry<taoe;  there  waa  the  landlord  and  Mr. 
Wyef,  who  had  two  bottles  of  wine,  and  some 
hread  and  cheese  :  he  would  have  had  me  eat, 
1m  I  tohl  him  1  could  not  eat ;  but  I  drank  ot' 
Ika  wine.  When  be  had  discounted  with  me 
itoat  the  alfair,  to  encouraj^e  me  he  ^re  me 
Kixnto  ;  I  went  cross  LincolnVino-tields,  so 
mat  home. 

Mr.  W€tt,  What  did  he  gi?e  yoo  the  crown 

Pirn.    To  eocoarage  me  to  list  men  for  the 
ftvtftider. 
Mi,  Gea.  Had  y^u  any  letter  by  the  penny 

P  Ptrnm.  That  morning  Mr.  Layer  was  goinir 
f  liBioifolh»  Flunkett  told  me  Mr.  Lover  was 
f  out  of  iowu,  atid  would  be  «ria(i  to  ste 
t  wflQl  to  Mr.  Layer,  and  hifii  hories  were 
Mr ;  he  <lesired  me  to  walk  up  t^opair 
in  Ibrwards,  ami  by  the  same  token  or- 
I  JibieiTaiit  to  charge  his  blunder busi  in 


the  room.  Saith  Mr.  Layer,  I  have  given  a 
euinea  to  the  nonjuring  minister  tn  ijive  you, 
to  do  what  service  you  can  ;  and  ^vhen  1  am 
abroad,  YOU  m&v  1^  ^nre  I  &hall  nt»t  he  idle. 

Mr.  Reeve*  XVas  any  proposal  made  to  any 
other  person  ? 

Piu'i.  I  broujibt  an  old  soli!ii?r,  uho  had 
been  in  the  service  iiKuiy  years. 

Mr.  JJffrc.  What  was  1ms  nsme? 

Pluft.  .Iiihn  Chili!  ;  I  hroii«;bt  bim,  as  think* 
iog  he  mi^bt  have  l>eeu  of  service  to  them. 

L,  C.  J  What  was  it  Mr.  Layer  said  when 
be  w  as  goint;^  int«»  the  eouutry  ? 

Flun,     He  told  me  he  would  nut  he  idle 


Serj*  Pengell^.   What  did  he  df sire  of  you  ? 

Piun.  He  desirpf!  me  to  see  and  get  what 
soldiers  1  could  Uh  bim  :  I  came  to  the  iton' 
jurinw'  minister,  and  told  him  I  had  got  *25, 
Then  Mr.  Layer  askcil  me,  why  I  did  not 
bring  a  list  of  them,  that  he  iiiit^btkncm'  where 
their  biibitations  were,  and  that  ihey  mi^ht  he 
in  reatliness  at  ibe  time.  I  disputed  with  Mr. 
Layer  what  they  wuutd  do  for  nrins  ?  N*»  fear 
ofarms,  satib  he;  arujs  will  he  provided  for 
them.  After  he  rettirrn^d  tVom  the  country  tt> 
the  towu,  this  Mr.  Flunkell  waa  the  lirsl  mes- 
senger that  was  sent  lo  me  ;  he  came  ^ind  told 
me  Mr.  Layer  was  come  to  town  ;  and  tbia 
non-juring  parson  sent  me  a  letter  by  the  penny ' 
post  i  Mr.  Child  vi3«  in  my  room  and  read  it ; 
the  contents  were,  **  Mr*  Layer  is  come  to 
town*  and  would  be  very  glai  to  see  you  :  no 
more,  but  your  bumble  servant,  William  Jef- 
freys,'*    By  this  1  knew  his  name. 

Att.  Gen,  By  this  letter  be  told  yon  Mr* 
Layer  would  be  glad  to  see  you ;  did  you  go 
to  bim  ? 

Ptun,  Yes,  1  went  to  bim. 

AtL  Gen.  Where?  To  his  own  house  f 

Ptun^  Yes,  to  his  own  house. 

An.  Gen.  What  pussed  between  ynu  and 
Mr.  Layer  at  that  time  ? 

Piun.  1  remember  at  that  time,  when  1 
came  to  him,  he  gave  me  a  guinea  with  his 
own  band. 

Att,  0<*«.  Who  gave  it  you  ? 

Plunkelt,  Mr.  Layer,  ait*?r  be  came  from 
the  country,  gave  it  roe,  and  1  recommcuded 
Mr,  Child  to  bim. 

Serj.  Pen^eiiy.  When  you  recommended 
Mr.  Child,  what  did  Layer  say  ? 

Plunkett.  He  said* he  had  no  business  fof 
bim. 

Serj.  Pengelly,  For  what  purpose  was  Child 
recommended  to  Mr  Layer  ? 

Plunkcit,  T  recommended  him  as  an  honest 
man,  as  one  that  was  well- affected  as  he  de- 
tired  me. 

Serj»  Pengdly.  Upon  what  account  did  you 
recommend  him? 

Plunkcii.  Upon  the  account  to  be  a  Pre- 
tend er^s  man. 

Serj.  Pcngelli/.  Did  you  ever  receive  any 
money  to  give  to  Child  ? 

Flunkitt.  i  received  half-a-guJBC»  from 
Mr.  Layer  to  give  to  Mr.  Child* 


i 

j 


183]  STGEORGE  I. 

Serj.  Pengeliy,    For  what  purpose  was  it  ? 

Plunkett.  ¥0T  to  eDconragpe  bim  in  the  ser- 
vice, to  be  trusty  to  him,  aad  to  be  a  Pretender's 
man. 

8erj.  Fengclly,  By  what  name  did  he  call 
the  Pretender? 

Plunkelt.     He  called  bim  the  kin^. 

SSerj.  Peuoclfy.  Had  you  any  talk  irith  him 
any  other  time? 

Flunkett.  The  Sunday  before  he  was  taken 
up  I  was  with  him,  and  he  was  talking  and 

^y'^^fSy  ^^^  ^^^  ^^  ^^  Ado  ft  shooter  as  any 
in  Europe. 

Serj.  Pengeliy.  Whom  did  he  mean  by  the 
kingr? 

flunkett.  Tlie  Pretender,  that  lie  was  as 
fine  a  shooter  as  any  in  Europe ;  he  shot  19 
out  of  90:  1  said,  that  was  fine  sbootingf. 

Aft.  Gen.    Where  was  thiR  dificourse  ? 

Flunkett.     In  his  own  parlour. 

Att.  Gen.  Can  you  recollect  any  other  dis- 
course there  was  at  that  time,  besides  that  of 
shoiitinir  ? 

Flunkett,  Yes,  there  was;  we  talked  of 
those  men  ttiat  would  do  service.  I  asked  him 
what  rewards  those  men,  that  would  do  serrice 
for  their  kini;  and  country,  should  have ;  he 
told  me,  that  tiiey.  and  their  families,  were  to 
be  for  ever  taken  care  of. 

Serj.  Pengeliy,  Was  there  any  other  pro- 
mise made  to  y(Mi  ? 

Flunkett.  There  was  no  promise;  only  he 
was  the  man  who  said,  if  1  would  follow  his 
directions,  he  would  promote  me;  that  he 
would  entrap  to  do  i^rreat  matters  for  me ;  and 
what  I  suffered  in  the  army,  he  would  make 
me  amends  for. 

Serj.  Pengellif.  Had  you  any  discourse 
about  the  disposition  of  the  nation  r 

Flunkett,  He  said,  that  most  of  the  nation 
was  tired  with  the  present  government ;  and 
he  said  that  king  George  was  for  ruining  of 
the  nation. 

Srrj.  Pengeliy.  Had  you  any  talk  of  any 
persons  at  c<Mirt  ? 

Flunkett.  Yes ;  he  said,  what  signified  the 
government ;  there  were  but  only  eight  or  nine 
upstarts  that  Itclonged  to  king  George's  court ; 
that  the  ancient  peers  of  the  realm  would  not 
he  run  down ;  for  they  should  be  made  slaves, 
if  thc}^  did  not  prevent  it. 

Serj.  Pengeliy.  Had  you  any  discourse  any 
othrr  tiuie  about  the  Dutch  or  the  French  ? 

Flunkett.  Yes ;  J  do  remember  that  he 
■aid.  Here  is  a  Dutch  army  come  in  upon  this 
nation,  and  then  the  French  army  will  come 
in,  and  ukeour  rights  and  liberties  from  us: 
you  will  keep  a  Dutch  army,  ond  it  will  be  to 
make  a  war  among  ourselves. 

Seij.  Chahire.  What  would  he  have  to  cure 
all  this? 

Flunkett.  He  told  me,  that  when  the  in- 
Burref  tion  was,  there  would  be  a  great  ma^y 
balf-pay  officers  aa  I. knew,  that  waaki  be  oo 
the  Pretender's  aide,  and  €fpeaiaDrtbim«r«hft 
Minea  of  FKumbVibtt  |  |b^  * 
Fitsgmld  thtAk     <^f.  ot  ^vfjit 


Trial  qfChmtophtr  Layer^ 


[184 


Att.  Gen.  We  have  dode  ^laminiBg  thia 
witness. 

Friumer.  You  say  your  first  aoqoaintaBce 
with  me  was  in  Queen- street,  and  that  major 
Bamewell  desired  you  to  assist  me,  there  be* 
ing  an  execution  in  my  house :  was  it  not  ao  f 

Flunkett.    Yes. 

Prisoner.  At  tlie  same  tioie  yon  called  na 
counsellor  Layer? 

Flunkett.    Yes;  I  came  to  your  honse. 

Friioner.    Did  I  employ  you  ? 

Flunkett.  Major  Bamewell  sent  me  to  gfi 
a  couple  of  grenadiers,  and  you  ordered  vaor 
clerk  to  let  them  in  at  the  back-door ;  and  the 
two  grena<liers,  which  were  conOned  in  the 
Savoy  aflerwardR  for  it,  drove  the  efficera  out. 

Prisoner.  Was  it  the  landlord  of  the  hoaae'a 
goods,  or  my  goods  ? 

Flunkett.  J  cannot  tell ;  how  shonld  I  know 
whether  they  were  yours,  or  bis  ?  tbey  ware 
in  your  house. 

Prisoner.  You  said  it  was  about  five  yearn 
before  I  saw  you  in  Lincoln- inn-fielda? 

Flunkett.  J t  was  when  the  army  waa  brelDa  ; 
and  I  came  over  from  Ireland. 

Prisoner,  Well,  you  say  fire  years  after- 
wards 1  mH  you  in  Lincoln's -inn- fields*  and 
gave  you  half-a-rruwn  to  drink.  I  told  yoa 
my  lord  North  and  Grey  was  to  he  general :  that 
my  lord  Strafford  was  concerned  in  it? 

Flunkett.  No,  you  told  me  they  were  pro- 
moters of  it. 

Prisoner,    Promoters  of  what? 

Flunkett,    Of  this  coospiraqy. 

Prisoner.  So  you  dki  not  know  me  P  nor  I 
did  not  know  you  ? 

Flunkett.  Yes,  you  knew  me ;  therefoei. 
Sir,  8aid  I,  you  have  an  ailvantage  against  me; 
for  I  don't  know  you.  AflerwanK  we  met  ooe 
another  hy  accident:  Says  yoa,  Doo^  tell 
Plunkett  you  met  me. 

Prison* r.    What  Plunkett? 

Flunkett.    James  Plunkett. 

Prisoner.    Where  lives  James  Plunkett  P 

Plunkett.  I  don't  know :  however  tbat'a 
not  material. 

Prisoner.  Did  not  you  oome  to  ny  houae 
some  time  after  this,  and  desire  me  to  l^d  jpa 
13c.  upon  aooount  of  being  bail  in  an  aetieM 
in  the  Marshars  court? 

Flunkett.  That  was  two  montba  after: 
there  was  a  soldier  which  waa  aneitad  by  « 
NarshaPs  Court  writ. 

Prisoner.  And  I  lent  you  13f.  in  ocder  4o 
discharge  YAnk^^Flunkett.  Yet,  you  did. 

Prisoner.  Did  not  you  afterwards  ask  aa 
for  some  money  on  acoouot  of  nr  Danid  (kr- 
rol  ?— P/MnAc«.  No. 

Prisoner^  Did  not  yoa  make  a- demand  ml 
sir  Daniel? 

Plunkett.  No:  I  told  yoa  my  affaira  with 
sir  Daniel.  You  said  yea  would  net  meddle 
yourself,  bat  ynoweald  write  to  him. 

Primner.  Did  yea JMt  -bring  Af«|Mr«  mai 
eOTf  "'  ^DtaU  bad  agteed^ta  pay  yoo  fOi 

4fei 


ir  High  Treason* 

'Bthammt^  ]>»J  oot  you  VtW  me,  it  woitld  be 
llir  greatest  kiuilDess  iu  the  world  to  you  to 
■JiMOg  flOi.  lor  jfou  ? 

^hmlUiU     1  ta/ever  asked  you  in  the  course 

i*rf«o««r,   Dt<l  you  never  borrow  any  money 

^immktii.  No ;  1  never  tM^rrowed  any  mo- 
ftey  «(  y9ii,  otber%vbe  than  to  get  men  listed 
fe  llw  P^rtctider. 

Fi— 1 1 ,     I  shiUI  sbew  that  you  are  a  little 
QMiftiai  by  »Ufi  (>ye. 

He.  Um^crfotd,     Vou  said  you  was  de- 
cvfil  to  cl)«irch  ? 

JFtmktU*     Decoyed  1  I  laid  it  wa^i  out  ot' 
Bj  iray,  ivheu  my  ohu  parish  church  was 


11 '  'W.  What,  do  you  use  to  go  to 

diar  inketL  Yes. 

Ht.  Keitihey.  You  say,  the  flvst  lime  you 
tt»  te  JaiDea  Plunkett,  he  came  to  you  wheu 
y^mmfe  wss  in  the  room  ? 

^kmkeU*  The  first  lime  I  aaw  him,  was 
w^m  II  r.  Layer  released  major  fidmewell  out 
d'llMellftrihaisea. 

Mr.  Kctcllmf,  When  James  Pluiikctt  caroif 
to  ymtr  lf^i«»e,  be  took  you  by  the  arm,  and  tuld 
yiM, be  cMoe from  ^Ir,  Layer;  did  he  teU  you 
llal  ifit  t^ooe,  he  came  from  Mi-.  Layer  f 

Pimmkiit.  Upon  my  oath  he  did. 

Mr.  Kctttity,  H'liui  discourse  had  you  the 
finf  Chmr  i"  Hid  be  only  a^k  y  uu  to  go  and  meet 
Mr.  LaytrF 

PiiouUti*  He  ccune  to  mpf  and  desired  me 
tv  mefi  Bir,  Layer  at  the  Italian  eotf'ee-house 
km  iUi«sel -court. 

il  Did  James  Plunkett  talk  to 

j^  Ai-  ig men  for  the  Prelender  the  first 

wmt  Ue  hMw  youf 

FkuUutt^  No  ;  he  only  was  sent  od  an  er- 
laod  Groin  Mr.  liayer. 

BIr.  lUiel^.  And  then  you  can»e  to  the 
B— jilfftmg  imrson  :  ilie  nn-juring  |jarsoOf  as 
Ml  Ctll  biiA:    What  discourse  had  you  ^%ith 

FimAkeit.  The  same  disco urae  paased  he- 
IWift  ua  iil»oat  lifiting'  n>f  n. 

Sr.  JT'  telhty,  Vt  hat,  ihe  first  lime  you  eaw 
Ivnea  Plunkeit,  and  the  firit  tjmc  you  i»aw  the 
BOH  joriiitr  ]uir»oti  ? 

tiuiikttt.  Because  he  came  from  Mr.  Layer, 

Mn  Meittbe^*  8o  you  truMed  tK»th  of  them 
•t  irwL  aiiiftit,  and  talked  to  them  ahout  tiiiting 
fe»  f*ir  CbjB  Preteuiler  ? 

^ii^cl^.   YrH,  both  talked  to  me. 

Hr.  Keiei^y.  How  many  times  had  this 
•^|orio<^  l>ant(in  beeu  wiih  you^  before  you 
kaiw  tv»  nacoe? 

PUnk€ti,  He  had  been  with  me  two  or 
linetifDL'^  I'f  me  his  name  was  St^f- 

JhM,  lilt '  '  i  me  hia  Christian  uame. 

Li  C<  J'  ^liJ  ut:  itrll  you  hia  name  was  Jef- 
freys tl»e  first  time  ? 

himmkeiU    He  toid  me  his  oame  was  Jef< 

L  C,  J.  How  longc  after  was  it  that  this 
klltr  «rai  atnlto  yoo  by  Mr.  Jeffreys? 


A.D.  nn.  [186 

riunkeit.  It  was  the  time  when  Mr.  Layer 
came  from  the  country. 

L.  C.  J.  How  long  ago  whs  that  f 

Plunkeli,  I  beliere  about  tea  months  ago; 
I  mean  teu  weekii  ago. 

Mr.  Kettitttif.  1  would  not  surprize  you ;  I 
would  have  you  consider  you  are  u|>oo  your 
oath  r  Is  It  ten  months,  or  ten  weeks  P 

PLunkeit.  Ten  weeks, 

Mr.  Keietkc^,  How  came  yon  to  remember 
the  contents  of  the  letter  so  exactly  f 

Plunk*' tt,  I  heard  it  repeated  over* 

Mr.  KeUihrt/.    Prtiy  repeat  it  over  agaiDp 

PlunkttL  *'Mr  riunkeit,  Mr.  Laytiri&cooif 
to  town  ;   I  should  be  «ery  glad  to  see  you : 

**  8o  I  rest  your  humble  servant, 

•*  W  Jeffbey*,** 

Mr.  Ketetbey.  Where  is  that  letter? 

Plunkett.  I  don't  know  ;  the  tetter  is  lost. 

Mr,  KeUlUy,  Do  you  remember  how  loog^ 
it  is  fc^iuoe  this  tetter  wa^  lost  ? 

Plunkeii.  Why,  I  miijseJ  it  ahout  two 
months  ago^  or  more. 

Mr.  KcUlbcy.  Two  months  ago,  or  more! 
How  long^  was  il  after  you  received  it  that  you 
missed  li?^ Pihfikelt,  1  kept  the  letter  in  my 
pocket  some  time. 

Mr.  KHeltffy.  Howkchg? 

PiunkeU.  J  believe  I  bad  it  three  weeks. 

Mr.  Kctdbey.  So  that  it  is  ten  wc«ks  siaqe 
you  received  thi&  ktter,  two  months  since  you 
lost  it ;  you  kept  it  in  your  pocket  three  weeks : 
You  cau  read  writing? 

Plunked.  Mo,  ]  cannot. 

Mr.  Ktidbty.  What,  not  read  writing? 

Plunkcit,  No,  Sir. 

Mr.  Ketelbej/,  How  can  yoo  he  so  particular 
as  to  the  writing  ? 

Plunkett.  I  have  heard  it  read  often  enough. 

Mr.  Ketelbcy.  Who  rtad  it  to  you  ? 

Plunkttt,  John  Child  read  it  OTer  to  me  two 
or  three  times. 

Mr  Keteibci/-  Why,  this  h  mere  romance, 
that  at  twice  hearing 'it  read,  you  can  remem- 
ber it,  the  very  worfls. 

Pluftkctt^  *I  can  remember  those  words  to 
the  best  of  my  knov«  ledge. 

Mr*  Hunf^crfofii.  Hnw  tan  he  lell,  when  \)^ 
cannot  read  at  ^*li  ?  There  is  uuihirig  in  it :  If 
one  was  to  a^k  him,  whHheryoy  cuu  ret^itetho 
Articles  of  the  Cretd,  \  hfhe«e  he  couUI  not 
do  it ;  and  yet  is  so  ejtact  in  repcatuig  the 
words  of  this  lener. 

Pn&oHtr.  What  couniryman  arp  you  ? 

PlunkfAt,  An  Jri!ihm;uK  Vou  koew  thatlo^g 
Ago  ;  you  ueeit  not  ask  me  tbat  qtiestiou  now* 

Serj.  PtngeUy.  My  lord,  we  shal*  now  pro- 
ceed, aiiit  produce  the  plau  of  tliis  coii^piracy, 
which  was  hiuud  amoog  the  papers  taken  in 
Mts.  Mason's  pu8ses»iion;  ^,nil  t»hall  !»how  how 
the^y  came  lo  be  in  Mrs.  ft]  nsoi/tf  posiiciision ; 
and  we  sliall  prove  this  plan  to  be  Mr»  Layer's 
own  band'Wntini;. 

John  Turner^  one  of  the  IMesseogcra,  awom. 

Alt.  Gfn,    Uiiik  upon  iheie  papers*     [I'ur- 

ner  looks  upon  the  papers.] 


187J  9  GEORGE  I. 

Alt,  Gen,  Do  you  know  any  thing  of  those 
papers,  and  where'they  were  found  ? 

Turner.  My  lord,  by  warrant  from  nny  lord 
Carteret,  principal  secretary  of  state,  dated  the 
29th  of  September  last,  I  was  directed  to  search 
for  one  Mrs.  Mason  and  Mrs.  Cook,  and  the 
very  same  day  1  executed  that  warrant.  I 
found  out  Mrs.  Cook's  house  in  Stone  Cutter's 
yani,  in  Little  Queen- street,  near  lincoln's- 
inn-fields,  and  in  searching  the  house^ 

Serj.  Fengelfy,  Who  lodged  there  ? 

Turner,  One  Mrs.  Mason  lodged  there :  I 
found  her  in  the  house;  and  in  her  lodging 
there  was  a  trunk,  and  being  demanded  to  open 
the  trnnk— 

L,  C.  /.  Wai  your  warraut  to  search  for 
both  Mrs.  Mason  and  Mrs.  Cook  ? 

Turner,  For  both  ;  and  iu  Mrs.  Mason's 
lodgings  there  was  a  trunk,  which  the  other 
measenger  and  1  demanded  to  be  opened  :  She 
opened  the  trunk,  and  in  the  trunk  there  were 
two  bandies  of  papers  sealed  up;  which  papers 
being  opened,  this  paper  was  found  amongst 
them.    (Meaning  the  Plan  or  Scheme.) 

Seij.  rengtUy,  Look  upon  it :  How  do  you 
know  that  to  be  the  same  ? 

Turner,  1  know  it  to  be  the  same,  becanie  I 
writ  upon  it ;  I  set  my  ooark  upon  it 

AU,  Gen.  You  say  that  these  papers  were 
found  in  the  trunk,  in  two  bundles  sealed  np  ? 

Turner,  Yes. 

Alt.  Gen,  (Shewing  the  witness  another 
paper.)  Look  upon  that ;  see  if  that  was  in 
the  same  bundle  with  that  you  last  gave  an  ac- 
count of? 

Turner.  Yes,  that  was  in  the  same  bundle. 

[And  so  he  was  examined  as  to  several  par- 
ticular papers,  which  he  swore  to  hare  been  all 
found  m  the  two  bundles  taken  out  of  Mrs. 
Mason's  trunk,  and  that  he  had  set  his  mark 
upon  them.] 

Mr.  Ketelbey,  I  beg  leave  to  ask  Mr.  Turner 
a  question  or  two.     Mr.  Turner,  1  think  you 

S're  a  positive  account  of  several  papers,  what 
ey  are  I  know  not ;  of  several  papers  handed 
to  you  from  Mr.  Paxton  ?  You  had  a  warrant 
to  search  for  Mrs.  Cook  and  Mrs.  Mason,  and 
in  a  trunk  you  found  these  papers  sealed  up  in 
a  bundle  ? 

L.C  J.  He  said  he  had  directions  from  my 
lord  Carteret  to  search  for  Mrs.  Cook  and  Mrs. 
Mason.  That  he  searched  Mrs.  Cook's  house, 
and  found  Mrs.  Mason  there;  he  sees  a  trunk 
in  the  house,  in  Mrs.  Mason's  lodgings,  and  he 
demanded  the  trunk  to  be  o|ieneo,  and  iu  the 
trunk  is  found  two  bundles  of  papers ;  in  these 
bundles  are  these  papers  which  have  been 
shewn  to  the  witness.  When  be  is  anked  how 
he  knew  them  to  be  the  same  that  were  in  the 
bundle;  he  says,  he  knows  them  to  be  the 

-  aame,  because  lie  set  his  mark  upon  them. 
Just.  Fortacue  Aland.    .Were  the  bundles 
•ealad  up  ?— Turner.  Yes,  my  tord,  they  were 
■Baled  up  when  we  took  them  out  of  the  trnnk. 

'     An.  Omt..  In  whOM  Mgings  wm^tbey 
found?  .    •■  -••  t9r 

I 


Trial  of  Christopher  Layer^ 

Turner,  At  Mrs.  Mason's  kxlgin 
beflchamher. 

Mr.  Ketelbey,  You  say  these  papc 
to  you,  you  found  in  the'trnnk  in  Mri 
lodgings.  Where  have  they  been  ex 
How  come  you  to  be  so  positive  tha 
dividual  papers  are  the  same  papers 
found  in  Mrs.  Mason's  room  ? 

Turner,  1  put  my  name  upon  thei 

Mr.  Ketclbty,  Is  your  uame  put  U| 

Turner,  Yes,  upon  each  of  the 
time. 

Mr.  Ketelbey,  How  lon«v  were  the 
custody  ? — Turner,  About  an  hour. 

Mr.  Ketelbey,  Who  did  you  delive 
when  you  parted  with  them  ? 

Turner,  I  think,  to  Mr.  Stanyan. 

Mr.  Ketelbey.  I  ask  you,  when 
your  name  on  each  of  them,  was  it  b 
first  parted  with  them  P 

Turner,  After  the  trunk  was  opei 
bundles  were  opened  ;  in  the  bundl 
paiiers  of  consequence,  1  was  dire< 
and  fetch  Mr.  Stanyan  as  being  a  n 
to  give  that  person  hor  oath.  Wh 
gone,  I  delivered  the  papers  into  m 
messenii^er'B  band,  and  he  signed  the 

Mr.  Ketelbey,  So  you  only  swea 
brother  inessenger.  How  lons^  after 
seizing  the  papers  was  It  before  you 
name  upon  them  P 

Turner,  1  believe  three  quarters  o 

Mr.  Ketelbey.  Who  had  vou  left  tli 

Turner.  1  left  them  with  this  man 
ther  messenger. 

Mr.  Ketelbey,  Youlefl  them  with 
ther  messenger  before  you  set  your  i 
them;  how  comes  it  that  you  are 
are  the  same  P  How  can  you  swca 
the  same,  when  you  went  away  and 
in  your  brother  messenger's  han<}s,  a 
set  your  name  upon  them,  till  you  rt 

Sol,  Gen,  You  say  these  papers  ^ 
in  Mrs.  Mason's  lodgines,  and  that  si 
and  unlocked  the  trunk,  and  you  to( 
two  bundles  P—IVimer.  Yes. 

Alt,  Gen,  You  say  you  delivered 
papers  to  this  person  here  P 

Turner,  Yes,  Sir. 

Priioner,  Mr.  Turner,  in  Mrs. 
k>dgings  you  say  you  seizeil  two  I 
papers  sealed  up? — Turner.  Yes. 

Fritoner,  When  Mrs.  Mason  I 
locked  up,  were  they  then  sealed  up 

J'umer,  They  were  then  sealed  u 

Fritoner.  Did  not  the  seals  appe 
been  broke  open  P — Turner,  No. 

Prisoner,  You  saw  two  bundles  ? 

Turner,  Yes. 

Fritoner,  You  saw  this  paper,  and 
all  the  papers  taken  out  of  the  bundl 
bundle  was  this  paper  in  P  (Mennmi 
or  Scheme.)  *^' 

Tiumer.  This  wasia  i 
Wuthiits 


ZWriwiK 


/4f9J 


Jot' High  Treason. 


PriMoner*    And  this  wm  oat  of  one  of  the 
WmOfs? 
■     Jkmer.  Out  of  the  imall  bundle. 

Frmomtr.  Did  yon  see  them  taken  out  of 
the  bondle  f  ^Turner.  I  can't  say  that. 

Mr.  Hmngerford.  If  I  observe  that  paper  or 
hawHi  vvbt,  Vt  is  one  that  consists  of  several 
sImcIb  offpaper ;  I  desire  he  may  hold  it  in  his 
hand.  tiD  we  have  done  examining  of  him. 

Hj^Eeielbey.  Mr.  Turner,  that  consists  of 
■Mnsheetn  than  one ;  did  you  sign  your  name 
tocKkkaf,  or  only  to  the  first  and  the  last 
htfiflhebookP 
J^mtr.  1  iigoed  my  name  to  each  sheet. 

Edward  Speare  sworn. 

AiL  CtM.  'Mr.  Speare,  did  you  go  with 
Mr.  IVpmer  to  seize  any  papers  at  Mrs.  Cook's 
^mmf—Sptort.  Yes,  I  did. 

itC.  Gen.    Give  an  account  of  what  yon 
Iw  ef  seizing  any  papers  there. 

e.    My  knrd,  by  a  warrant  directed  to 
i  my  iord  Carteret,  Mr.  Turner  and  I 
)  seize  Mrs.  Cook  and  Mrs.  Mason ;  and 
Mrs.  Cook's  house,  I  found  Mrs. 
I  tliere.    At  Mrs.  Cook's  I  found  no  pa- 
pcn  JD  the  first  room ;    1  proceeiled  into  a  se- 
cnd  room,  where  there  was  a  trunk,  which 
1  aidered  to  be  opened ,  and  I  took  two  parcels 
oat  ef  it ;  one  of  them  was  sealed  witn  three 
iseh,  which  1  looked  at ;  they  did  not  appear 
la  iMre  been  opened  and  sealed  up  again.    I 
opened  them,  and  marked  them. 
Ait.  Gem.  Who  was  by  ? 
Speare.  Mrs.  Mason  was. 
Att.  Gen.  Was  she  ttiere  when  you  opened 
them? 

^eare.  She  was  by  when  they  were  opened. 
Ait.  Gen.    Look  upon  them,  are  tliey  the 
mme  papers? 

Spemre.  1  baTe  looked  upon  them,  and  know 
them  to  be  the  same. 

An.  Gen.  Are  those  the  papers  that  were 
idMo  out  of  the  trunk? 
Speare.  The  ?ery  papers. 
Att.  Gen,  In  whose  room  were  they  taken  ? 
Speare.  In  Mrs.  Mason's  room. 
8erj.  Cheshire.  Were  they  e?er  out  of  your 
CQstody,  till  you  marked  them  ? 
Speare.  No,  Sir. 

iU.  Gen.    During  the  time  that  Turner, 
your  brother  messenger,  was  cfone  for  Mr. 
teayan,  who  had  the  Gusto<ly  of  the  papers? 
Speare.  1  bad  the  custo«ly  of  tiicm. 
iol.  Gen.  Were  any  of  them  taken  away,  or 
W  there  any  alteration  in,  or  addition  to  them, 
during  that  time  ? 
Speare.  No,  Sir. 

flerj.  Cheshire.    Do  you  remember  that  3Ir. 
Tomer  set  his  name  upon  them  ? 
Speare.  Yes,  he  did. 

L.  C.  J.  How  long  after  your  brother  mes- 
sengf  r  returned  hack  to  you,  was  it  before  you 
set  > our  name  u|K)n  them? 
Speare.  Immediately,  my  lord. 
Mr.  Keiflbcjf.  How  long  did  you  stay  in  the 
|bce  ailer  the  return  of  Turner  ? 


A.  D.  1722.  [190 

Speare.  1  beliere  I  might  stay  there  an  hoar, 
or  an  hour  and  an  half.  " 

Mr.  Ketelbey.  When  did  you  first  part  with 
the  papers  out  of  your  custody? 

Speare.  I  gayethem  to  Mr.  Stanyan. 

Mr.  Ketelhey.  How  long  after  you  first  seized 
those  two  bundles  was  it  before  Mr.  Stanyan 
came  to  you  ? 

Speare.  I  beliere  about  half  an  hour,  or 
three  quarters  of  an  hour. 

Mr.  Keteibey.  What,  did  yoa  ddiyer  them 
to  Mr.  Stanyan  then  ? 

Speare.  After  Mr.  Tomer  and  I  had  signed 
them,  1  deliyered  them  to  Mr.  Stanyan. 

Mr.  Keielbey.  Was  it  not  before  you  signed 
them? 

Speare.  No,  upon  my  oatb. 

Mrs.  EliMabeth  Mason  swoni. 

Att.  Gen.  Blrs.  Mason,  gire  an  account  of 
what  you  know  of  these  papers  ?  , 

Mason.  Mr.  Layer  left  two  parcels  of  papera 
with  me ;  be  told  me  they  were  of  the  yalue 
of  5001.  He  afterwards  took  them  away  from 
me ;  and  afterwards  brought  them  to  me  again. 

Seij.  Cheshire,  Yon  say,  he  delirered  two 
bundles  first? 

Mason.  No,  he  delivered  only  one,  and  that 
was  the  largest  bundle :  he  told  me  it  was  of 
the  yalue  of  500/.  and  desired  me  to  take  care 
of  it,  and  lock  it  up. 

Serj.  Cheshire.  When  was  the  lesser  bundle 
delivered  to  you  ? 

Mason.  Some  time  after;  and  after  that 
he  took  them  away  from  mc;  and  io  four  or 
five  days  time  he  brought  fhem  to  me  agaiu : 
he  took  them  away,  and  brought  them  to  me 
again,  and  told  me  they  were  a  few  love-letters ; 
and  begged  of  me  not  to  let  Mrs.  Cook  know  it, 
for  she  would  make  a  disturbance,  ami  tell  his 
wife. 

Serj.  Cheshire.  When  had  you  the  lesser 
bundle? 

Mason.  I  had  that  some  time  after. 

Serj.  Cheshire.  What  directions  had  you  with 
the  little  bundle? 

Mason.  He  desired  me  to  take  the  same  care 
of  that,  as  of  the  other. 

Serj.  Cheshire.  Was  that  sealed  up  ? 

Miison.  They  were  both  sealed. 

Serj.  Cheshire.  Where  did  you  put  them  ? 

Mason,  I  put  them  into  luy  trunk. 

tsierj.  Cheshire.  After  this;  you  know  when 
the  messengers  came  ? 

Mason.  Before  that,  he  came  one  day  in 
the  afternoon  to  our  house,  and  asked  where  I 
was?  It  was  the  beginDiog  of  Bartholomew- 
tide.  1  was  noVat  home  :  he  left  a  message 
for  me,  that  1  should  bring  those  writings 
home.     I  carried  them  home. 

Serj.  Cheshire.  Home !  What  do  you  mean 
by  home? 

Mason.  Mr.  Layer's  own  house:  he  left 
word,  that  he  would  he  at  home  by  eight 
o'clock  that  night.  I  was  there  about  eight 
o'clock?  1  asked  the  maid  where  he  was? 
She  said,  he  was  iu  the  back  parlour.     I  asked 


191]  d  GEORGE  I. 

her  if  any  body  was  with  him  ?  She  said,  there 
were  two  gentlemen.  Said  1,  tell  your  master 
that  I  am  here. 

L.  C.  /.  You  say  the  great  bundle  was  taken 
from  you  again,  and  afterwards  he  brought  the 
lesser  bundle ;  and  after  this  you  received  a 
message,  or  intimation,  that  yoo  should  bring 
home  that  bundle. 

Mason,  My  lord,  1  had  two  bundles.  He  left 
word,  that  I  should  bring  his  papers  home;  for 
he  stnid  at  home  till  eight  o'clock  that  night.  I 
went  to  his  house :  and  when  1  knocked  at  the 
door,  tlie  maid  came  to  the  door.  I  asked  her  if 
her  master  was  within  ?  She  told  me,  yes ;  he 
was  in  the  baok-parkur ;  and  that  there  was  a 
gentleman  or  two  with  him.  1  desired  her  to 
go  and  tell  her  master{that  I  was  there.  And  he 
came  out  to  me ;  and  I  gave  him  the  writings ; 
and  he  desired  me  to  come  again  the  next 
morning,  n  hich  was  on  a  Saturday ,  about  eleven 
o'clock,  for  he  was  going  out  of  town :  and 
that  I  would  come  and  take  those  writings 
again.  Which  accordingly  I  did.  It  was  in 
the  morning,  at  the  time  that  the  bell  was 
ringing  at  Lincoln's-inn  chapel,  when  1  went 
to  him,  and  he  delivered  me  the  |iapers  again. 

Sol.  Gen.  Can  you  recollect  the  day  that 
lie  left  word  for  you  to  comf  to  him  ? 

Mason,  It  was  the  beginning  of  Bartho- 
Jomen-tide. 

Sol.  Gen.  What  day  of  the  week  was  it  ? 

Mason.  It  was  on  a  Friday  night  that  I 
went  and  carried  them  to  his  house. 

Sd,  Gen,  And  when  was  it  that  he  desired 
you  would  come  and  call  for  them  again  ? 

Mason.  It  was  the  next  morning  at  eleven 
o'clock,  or  near  the  matter,  that  I  went  to  his 
house ;  and  he  gave  me  the  writings  again, 
and  charged  me  to  take  care  of  them. 

Serj.  Cheshire.  What  was  you  to  do  with 
them  f 

Mason.  To  take  care  of  them. 

Serj.  Cheshire.  Did  you  meddle  with  them, 
or  open  them  P 

Mason.  No,  Sir :  I  put  them  in  my  trunk. 
They  lay  there  all  the  time. 

Seij.  Cheshire.  Were  they  there  when  the 
officers  came  ? — Mason.  Yes,  Sir. 

Serj.  Chchhire.  Was  you  there  when  the 
bondles  were  opened  ? — Mason.  I  was  there. 

Seij.  Cheshire  Did  you  mark  the  papers 
yourself? — Mason.  1  did. 

Serj.  Cheshire.  Look  upon  the  papers,  and 
see  if  you  find  your  mark  on  those  papers? 

Mason.  Yes,  this  is  my  mark. 

Serj.  Cheshire,  l^lr.  Speare,  yoo  was  pra- 
■ent  at  the  opening  of  them  P 

Speare.  I  was :  They  were  sealed  up  when 
I  opened  them. 

Serj.  Cheshire.   Did  ymi  pat  your 
ibemP 

Speare.  I  did  put  my  naoieon  tbc 

^.CkeMt.  WcralkMMir' 
lady  before  YM  p«t  va*  f 

Speare.  No  s  f 


Trial  qf  Christopher  Layer ^ 


[192 


Speare.  He  put  his  name  to  them  before 
ever  they  were  out  of  my  custody. 

Alt.  Gen.  You  have  marked  all  those  papers. 
You  are  sure  those  are  the  papers  you  took 
out  of  the  trunk  in  Mrs.  Mason's  lodgings? 

Speare.  I  am  sure  they  are.  * 

Atl.  Gen.  SUw  them  to  Mrs.  Mason.  Mn. 
Mason,  were  those  papers  in  the  bundles  that 
were  delivered  to  yon  by  Mr.  Layer? 

Mason.  Yea,  Sir,  they  w<.tc. 

Att.  Gen.  You  have  marked  those  papen, 
have  you  not  ? — Mason.  Yes,  I  have. 

Sol.  Gen.  You  say,  you  gave  the  handles 
back  to  Mr.  Layer  on'a  Friday,  about  the  be- 
ginnin*;:  of  Bartholomew-tide:  Do  you  re- 
member whether  it  was'upon  Bartholomew 
day  or  not  P 

Mason.  Indeed,  I  don't  know. 

Sol.  Gen.  What  did  Mr.  I>ayer  say  when 
you  bi ought  them  to  him  again? 

Mason.  He  only  thankM  me;  and  de«red 
me  to  come  the  next  day  and  take  them  from 
him  again  :  Which  I  did. 

Sol.  Gen.  Did  he  mention  then  that  he  was 
going  out  of  town  P 

Mason.  Yes ;  and  it  was  about  tl  o'clock  on 
a  Saturday  morning  that  I  went  to  him,  and 
he  delivered  the  papers  to  me  again. 

Mr.  Hungerford.  Can  you  write  P 

Mason.  No. 

Mr.  Hungerford.  Have  yon  made  the  samo 
mark  on  all  those  pa|)ersP 

Mason.  I  was  so  frightened  at  that  time,  that 
I  hardly  knew  what  mark  I  made. 

Mr.  Hungerford.  If  yon  waa  frightened  at 
that  time,  and  did  not  know  what  mark  yoa 
made,  how  can  you  be  sure  you  know  your 
mark  again  P 

Mason.  Yes,  I  can  tell  it  very  well. 

Mr.  Hungerford.  When  you  say  you  was  ao 
frightened  you  did  net  know  what  mark  yon 
made? — Mason.  Yes,  sure  1  do. 

Mr.  Hungerford.  Upon  the  oath  you  have 
taken,  hath  any  body  seen  those  papers  liefora 
they  were  takeu  by  the  messengers ;  wlietber 
sir  John  Meeres,  or  his  man  Thomas  hath  seen 
tliem.^ — Mason.  No. 

Mr.  Ketelbey.  Nor  his  man  Thomas? 

Mason.  No,  nor  his  man  Thomas. 

Mr.  Ketelbey.  I  ask  you,  can  you  write,  or 
can  yon/ead  writing  P 

Maion.  I  told  you  I  can't. 

Mr.  Ketelbey.  You  only  can  make  your 
mark? — Mason.  No. 

Mr.  Ketelbey.  Do  you  only  make  but  one 
mark,  or  use  several  marks? 

Mason.  I  make  but  one  mark. 

Mr.  Ketelbey.  Pray,  makethemarkyoago- 
nerally  use.  With  submission,  my  lord,  I  oe- 
siro  she  may  have  a  pen  and  ink,  to  aee  if  nhr 
ean  make  the  same  mark  again. 

Mr.  JfiMfTf/brrf.  Mnrdy  wn  nraregnlnri 


Jut  lligJi  Treason* 
PmI»  aai  dMifi  she  inaj  ttiake  her  mark 

Mr-  lUtel^,    My  lord,  we  desire  she  may 
wAit  Iter  nuirk  m^n. 
BtL  Gen,    We  d<?str«  ghe  may  have  a  con- 
t»l«er  lo  do  tt  in,  ati<J  itiat  the  iniiy  sit 

No,  1  c»n  do  it  wilbpuL  (A  pen 
atd  ibIi  aim]  |iauer  ts  pvrn  to  Uer,  nod  slie  sets 
l0«Bri,  sia  A' and  an  M.) 

%bL  Qtm,     Hcire  ure  tfie  tnUers  £  and  M  spt 
la  yv  |«f«rrs  nroiincefl :    aud  though  m  this 

ff^^il  »tu>  ftliould  not  miike  her  letters  ex- 
e,  yet  I  aiipreliend  that  would 


A.  D.  1722. 


im 


tr«  Acici't^v 


id,  I  caQ*t tell  M'hat  th^y 

■^  depend' ► 

Aiy  lord,  1  desire  to  go  on 


f|tinctifioB,     I  a^k  you- 


'  ct»mpared  the  letters  made 
Courts  with  those  on  the 


lY^j  thi*   (  iiamcter  ivliich   she  now  writes 
•bf  ^bmt  «be  writ  on  those  papers^  aud  so 


(  her  eridcnce, 
Mr  Ktieihry.     After  the  ileliTery  of  those 
••-lm»4k«  U»  vf.ii  f.v  Mr.  Layer,  I  ask  you 

U«r  Air  Jo!  's  man  Thoiuaa  ever 

«,    No,  he  never  was  op  in  my  room; 
no  audi  tAiniliurity  between  us. 
Mr.  Ktttil'ey.  Diil  one  Wilioo  eversee  them  ? 
^mtcm.  So, 

Hr,  Ktttibry,   Did  ever  you  produce  them 
i«lle  fUoks  ? — Mainm.  No. 
^rtM^mtr,    No !   nor  diil  sir  John  Meerca'a 
■A  TTMunas  never  sec  them  ? 

n  my  oath. 
i  ever  produce  them 
urrj -j^i .     if  I  let  Thomas  or  Wil- 

himselfsee  either  of 
Ufs  ttk  *,.i  j  .V  vie  seated  up  f 
No,  ihey  were  in  my  truuk  :    I  a1- 
Ihtpi  ifaftn   in  my  trunk,  perhaps  as  I 
ttiy  truok,  they  might  see  them  he  in 

'  llllltJK« 

KtSef^ey,  00  you  know  one  Blrs.  Bmla? 
No;    I  (fon't  know  the  name*     J 
a*t  know  one  11  rs.  Duda. 
trwmir^    Did  yoa  ever    know  one  Mrs. 


I  know  many  of  that  name. 
r.  Did  you  ev«r  go  hy  that  name  ? 
No. 

!*^  *     "11  uver  ifo  hy  the  oamc  of 

r.    t#jw  ^^^0  ever  go  hy  the  name  of 

No,  I  tieter  did  go  hy  tlie  name  of 

JL  C  X    Mr   K**li  ?ljrv.  I  dim'i  know  what 
BiiD|^  o^  < ;  when  it 

it»rtnnr:  Uis  Woman 

r  .  eh«r  to  he 

h^r  credit, 
I  vfith  your 
jury. 


At  the  time  when  these  bundles 
were  seized,  had  thry  Mr,  Ltiyer's  seal  upoo 
tliem  ? 

Ma%on.  Yes ;  the  seal  of  Mr.  Layer  wma 
upon  them. 

L,  C*  J,  What  says  the  messenger?  At  the 
tinte  that  you  seized  these  two  bundles  of 
papers,  was  there  any  seal  upon  them  t 

Messenger.  There  were  three  seals  tipoo 
oiie^  and  some  seals  upon  the  other;  the  aeal 
wa^  somethinjT'  of  a  small  head. 

L.  C.  J.  What  is  Mr.  Layer's  seal  ? 

Mawn,  Something  of  a  head,  but  I  catmol 
fell  what  head. 

Mr.  Kciclbty,  Do  you  koow  Mr»  Layer's 
aeal  ? 

Afdson.  ft  ia  aomethtns^  of  a  head. 

Mr.  Kttclbfy.  Was  ittne  representation  of  a 
man^s  head,  or  the  head  of  a  beast  ? 

Mason,  It  is  a  head  with  somethings  of  a 
ruff  about  it. 

L.  C.  /.  Mrs.  MasoOf  look  upon  the  headf 
Is  that  head  the  seal  of  Mr.  Layer? 

Mason,  Yes :  t^pon  my  oalli  it  is. 

L,C.J,  What  says  the  messenger:  Was 
that  seal  of  a  head  upon  them,  wheu  you  seized 
them? — Mentngcr.  Y'es,  it  was. 

Mr.  KettiUy.  Before  that  time  that  the  two 
messeof^ers  came,  Mr.  Turner  and  Mr.  Hpcare^ 
and  seized  the  papers,  and  afternards  one  of 
them  went  for  Mr.  Htanyan;  I  ask  you  whe- 
ther you  had  shewn  those  bundles  to  aoy  body 
before  that  time? 

ALisan.    No ;  T  had  shewed  them  to  nobody* 

An.  Gen.  8he  halh  said  so  two  or  three 
times  before. 

L.  C.  J.  Indeed,  Mi-.  Ketelbey,  we  mast 
direct  you  not  to  sjiend  the  time  of  the  Court 
so.  You  have  asked  her  that  quet^tion  two  or 
three  times  over. 

Mr.  Ketelbey >  My  lord,  1  would  very  fahi 
have  the  truth  come  out. 

Mr,  Hungerford,  1  will  ask  you  a  question 
or  two.  What  trade  or  husiness^do  you  follow ? 
What  is  your  trade  or  occupation  ? 

MoMon,  What  is  that  to  you  ?  I  have  tio 
trade. 

Mr.  ITuTtgerf&rtl  I  should  have  asked  yon 
anotlier  question  before ;  have  you  not  a  pro- 
mise of  reward  for  the  service  yoa  do  here,  ia 
givini^  this  evidence? 

Maton,  No,  I  have  not. 

Priianer.  Nor  you  have  received  none? 

Mason,  No :  You  are  an  unjust  num. 

L.  C.  /.  Are  you  promist-d  any  reward  f 
Why  don*t  you  ask  her  whether  she  is  to 
swear  for  hire  ?  Is  that  a  proper  question  to  ask 
a  witness  ? 

Mr*  Kef rf hey,  1  submit  it  to  your  lordship, 
whether  it  is  not  proper  to  a^k  her  this  queit  ion  j 
^Vhether  she  huth  not  toJd  any  person,  and 
whom,  that  she  was  to  have  a  rewaril  for 
comiiiflf  hither? 

Frmncr,  The  question  is,  whether  she  hath 

never  owned  and  coufcnscd  to  any  hoily,  that 

these  papers  were  opened  before  a  friend  of 

liersp  before  the  rac»eDgcr  seized  them  f 

O 


I 


I 


* 


1»5] 


9  GEORGE  I. 


Trial  of  Christ  fpher  Layer ^ 


Mason,  No,  my  lord,  I  Dever  did.  I  Dever 
opened  them  before  any  body. 

Alt.  Gen.  They  have  asked  yoo  what  names 
you  went  by ;  do  yoo  know  what  names  the 
prisoner'at  the  bar  has  g^ne  by  ? 

Mason.  He  had  once  given  roe  orders,  that 
if  any  letter  came  direcSed  in  the  name  of 
Pountaine,  that  I  should  take  it  in  ;  accord - 
ingfly  in  two  or  three  days  time,  there  came  .a 
letter,  directed  to  Mr.  Fountaine,  and  I  took  it 
in  ;  and  when  he  came  I  gave  it  to  him,  and 
be  opened  it,  and  read  it. 

Prisoner.  Where  is  your  house  ? 

Mason.  Where!  Where  you  left  the  writingfs. 

Frisoner.  How  can  you  tell  bow  that  letter 
was  directed  which  you  took  in,  since  you  say 
yoo  cannot  read? 

Mason.  It  was  directed  to  Mr.  Fountaine. 

Prisoner.  Did  you  read  the  superscription  ? 

Mason.  No  ;  Mrs.  Cook  did. 

L.  C.  /.  You  say  you  was  desired  by  Mr. 
Layer,  when  any  fetter  came  directed  to  Mr. 
Fountaine, -to  take  it  in ;  and  that  a  letter  came 
directed  to  Mr.  Fountaine,  and  you  took  it  in  ; 
the  question  is  asked  you,  since  you  cannot 
read,  How  could  you  tell  it.  was  directed  to 
Mr.  Fountaine? 

Mason.  My  landlady  told  me  it  was  for  Mr. 
Fountaine,  and  she  knew  he  went  by  the  name 
of  Fountaine  sometimes. 

Prisoner.  She  said  she  read  it 

Mason.  No;  I  said  I  gave  it  to  you,  and 
yoo  opened  it,  and  you  read  it. 

L.  C.  J.  The  occasion  of  this  question  is , 
that  this  misnomer  was  approved  of  by  you. 
8he  says,  that  you  ordered  her,  that  if  any  letter 
came  directed  to  Air.  Fountaine,  she  should 
take  it  in  ;  a  letter  did  come  directed  so,  she 
took  it  in,  and  then  delivered  it  to  you ;  and 
yoo  received  it  from  her,  and  opened  and  read 
it ;  Jbot  how,  say  they,  could  you  know  this 
letter  was  directed  to  Mr.  Fountaine,  when  you 
can  neither  write  nor  read?  She  having  re- 
ceived such  an  order,  when  there  was  a  letter 
come  it  was  natural  enough,  that  she  that  could 
not  read,  should  ask  her  landlady  the  directions 
of  the  letter,  and  it  was  directed  tor  Fountainet ; 
it  was  natural  enough  for  her  to  take  it  in,  and 
give  ii  to  you .    W  ho  brought  the  letter  ? 

Mason.  A  porter. 

L.  C.  J.  Did  he  say  from  whence  he  came? 

Mason.  He  told  nie  he  came  from  the  Ditch- 
side,  and  asked  me  if  Mr.  Fountaine  lodged 
there. 

Mr.  Hungerford.  This  trunk  that  the  papers 
were  in,  did  it  use  to  be  kept  open,  or  was  it 
Idcked  op  ? 

Mason.  It  was  always  locked  up. 

Mr.  Doy/fy  sworn. 

Alt.  Gen.  Mr.  Doyley,  do  you  know  Mr. 
Layer  .^  and  how  long  have  you  known  him? 

Doyley.  I  have  known  him  about  seventeen 
or  eighteen  years ;  be  was  my  clerk ;  it  is 
tbereaboulB,  I  believe. 

Att.  Gen.  Do  you  know  hM  writing  ' 

Do^ky.  I  believe  I  do. 


Att.  Gen,  Look  upon  that  paper, 
shewn  the  scheme.) 

Att.  Gen.  Do  you  take  that  to  be  his 

Doyley.  If  you  ask  me  as  to  my  belie 
lieve  It  is. 

Att.  Gen.  Have  yon  often  seen  him  \ 

J>qyiey,  Yes,  Sir. 

Att.  Gen.  Have  you  seen  him  wrili 
he  left  your  service  r 

Dovify.  I  have  bad  several  letters  Iro 
nnce  ne  was  my  clerk. 

Att.  GeH.  Look  open  that  paper ;  c 
swear  that  you  believe  that  is  his 
writing  ? 

Doyley.  I  have  seen  the  paper  before 
do  beReve  it  to  be  his  band-wnting. 

Prisoner.  Have  you  seen  me  wrii 
thing  but  my  name  these  14  years  ? 

DoyUy.  I  cannot  particularly  recollei 
ther  I  have  or  no. 

Prisoner,  How  long  is  it  since  I  wf 
clerk  ?— Doyley.  About  14  or  15  years. 

Prisoner,  mve  yoo  seen  me  write  si 

Doyley.  I  cannot  say  1  have,  or  I  ha 

X.  C.  J.  How  long  is  it  since  you  n 
any  letters  from  him  ? 

Doyley.  About  6ve  years  ago. 

L.CJ.  How  do  you  know  those 
came  from  him  ? 

Doyley.  Because  he  was  my  client,  a 
to  me  aliout  business ;  and  I  answerer 
letters,  and  did  the  business  that  he  desi 
to  do  by  those  letters. 

L.  C.  J.  Did  he  pay  you  for  that  b 
done  ? 

Doyley.    Yes,  very  hononrably. 

Prisoner.  Yoo  say  you  don't  rememi 
have  seen  me  write  since  I  came  from  y 
to  that  paper  which  you  say  you  believ 
my  hand,  have  you  compared  it  with  th* 
ters? — Doyl^.  I  have. 

Prisoner.  Is  that  what  yoo  found  yoo 
upon? 

DmfUy.  This  is  what  I  chiefly  fou 
belief  upon. 

Prisoner.  Consider,  Mr.  Doyley,  m 
at  stake,  and  you  say  you  have  not  si 
write  these  14  years  ? 

Doyley.  I  don't  know  that  I  have. 

Prisoner.  Have  you  any  of  my  le 
court? 

Doyley.    I  have  not  your  letters  in  c 

Prisoner.    You  say  you  found  you 
only  by  comparison  of  those  letters, 
wish  you  had  brought  those  letters  here 

Att.  \}en.  He  doth  not  say  so. 

Doyley.  If  you  had  desired  it,  I  con 
brought  them. 

Prisoner.  I  desired  it !  I  little  tho 
have  seen  you  here  on  such  an  occasioi 

Att.  Gen.  Mr.  Doyley,  I  ask  you, 
had  no  dealings  with  him  since  be  wai 
t  bis  clerkship  ? 

Doyley.  Yes,  I  wai  hif  agent.* 

'^8(MLitdi'iHa«Uii^n-r« 
book  i,  €.4^- 


SSi. 


U.     U€ii, 


W7]  /or  ffigh  Treason* 

L  C.  «r*    Wliose  n&tne  i«  suliMcriUeil  to  those 

f^X>«»v/rw    rim  tophcr  Layer's. 
L.C^J-    Votj  I  iisiuB^  lueutiooetj  ill 

■■K  Irtlcrs  i    :k  nmjrubly  paid  3^0 u  for 

'^iMfifjf*  Yew,  my  lord. 
JLC  J.      I  BUppuiie,  in  your  timi?,  that  you 
tlwil  otlier  |jeo[ile  writ  letter«  io  your 

Kztrlhcif.     Yoa  wiyi  you  believe  tJiat 

imhm  y\r,  I  Jiver'u  band  writing'.     And   if 

*itf»i  '      i.tnti  you,  I  t<K)k  it  down  in 

I  ^'our  belief  on  tiie  com- 

^t  \hriMu^  wTtb  the  letteis  vrhicb  you 

ikfky^  1  said,  1  chiedy  fouoded  my  belief 
ipiM  mk:Ii  oompariNOn  ul'  bauds. 

—  .  .  T),t.»  vrpti  clitcfly  did  so  ;  and 
I  Si  here  in  court,  on 
^1  tbi>i  belief 
I  I  'rv  I  , ,  I  itiiuk  \ou  say  yoo 
^^  ni/  ^^vt  fttl  limes  f 
y  nut  rtfini'mber  tb^it  J  have  seen 
e  14  year^. 

Durincr  tlie  time  he  woa  your 
iM;«  jTttu  iMve  iie^n  him  write  ? 

Itailfw.  Yes  J  be  mtur  bul  iwo  years  with 
9ti  Bc  dmS  been  clerk  vi  ith  Mr.  • be- 

"Sd,  Gem,  Then  be  had  b«en  used  in  bust- 
maik  l«fiire  be  oiuie  to  you  ;    and  bad  formeil 

Mr.  finnger/nrd.  IIow  old  was  he  when  be 
«ltt|<iur  cirrk? 

I^£rv.   f  nde^  I  donH  know. 

Mr.  llnmgerford,  Y«u  form  your  hebef 
1^  tlie  r<*tiieuibrance  you  have  ot  what  was 
bi  kam}'  writing  14  or  ]^  years  ago  ? 

L  C,  X  You  aay,  you  receivetl  letteri  «ub« 
iptW^  ^y  bit  name  fire  years  ago  ? 

Diyi^,  Yr^T  my  lord, 

X-t,  /-  Waa  the  character  of  those  letteri 
Ibac  ymi  recrived  five  yeara  ajfo.  as^eable  to 
liaohancteni  that  be  writ  when  he  was  your 
6mk  f'^Dayliy,  Yes«  my  lord* 

L  C.  /.  Then  I  tkhk  you  upon  the  whole, 
ffkmibm  Jtm  believe  it  to  be  inn  band  writing, 

ih^flty.  Yr«,  I  do  bebere  it  to  be  hk  baml. 

fnmut^,  8mceniy  ""f'^^^nv  rircumjitancea, 
ki»f  yau  kail  no  prr  'ing^  restored  to 

fmi  pbec  mrtun,  or  i  i_  I  :    i_ii>e  of  aome  other 

tk^Uy^  r  never,  to  tny  know]ed(fe, 

l^iacM  otM  oi«u  that  bad  the  power  to  put 
*  ia  my  plaot  attain  9  nor  ever  cooYersetl 
*M  any  on*  great  man  upon  that  or  any  such 
iCar. 

lb"  Mik  we  are  entitletl  to 

«^«!  *  re  may  lie  no  dis- 

■i^  ^  !;■■''     i>  and  Mr, 

kay.1  nerattbe 


A-  D.  1722 


[198 


Mr    ?*'''*' 'mworo. 


.t^r^lr 


'-t  l*L  ofibc  Crown, 


f      Serj.  Pengclltf*  Sir,  was  that  paper  shtWn  to 
the  prisoner  at  Ibc  bur? 

IhtaJ'aye,  1  wtts  not  near  enouf>b  wbe-o  be 
way  before  the  lord»*  ofllie  couucil,  lo  i^ee  what 
waji  on  the  table  ;  neither  diil  I  look  upon  tbe 
table,  to  see  wbetlier  this  paper  «  as  on  it  or  not. 
Btu  upon  a  qtieiiiiuu  tbut  was  asked  bim  relal* 
inif  to  some  arm*,  it  lie  knew  wbere  any  wera 
IcHfsred  in  surb  a  pUce,  be  said  no :  upon 
which,  one  of  lUe  lonU  of  the  couucil  h<*lU  up 
a  puper;  it  might  be  this,  I'oraui^htl  know; 
and  b^id,  Here  is  your  own  paper,  your  own 
hiiud- writing,  wbicli  says,  ^arms  that  are  there 
kidded  ;'  says  be,  I  should  have  writ  *arms  that 
sliould  be  tbere  lo<J«^ed.* 

L.  C.  X  Whether  is  that  the  paper  or  no  ; 
and  did  he  own  ibat  paper  thai  was  then  shewn 
lo  be  his? 

peiiifayc.  The  question  was  not  asked,  la 
this  your  paper  and  your  baud- writing?  Hut 
tt  was  shewn  to  him  as  such  ;  and  he  aald,  i 
should  have  wrote  *  arms  that  should  be  tbere 
lodged** 

Mr.  Siangan  swora* 

Ati.  Gen.  Mr.  Stsoyan,  do  you  remember 
whether  this  paper  was  shewn  to  the  priattner 
fit  the  bar,  or  any  questions  asked  him  ahotii  it, 
when  he  was  before  the  lords  of  the  council  ? 

Stunt/an.  Upon  tbe  (luestion  that  waa asked 
bim  about  the  armh%  thiii  paper  was  shewn 
him  ;  f  think  thi^  is  tlie  paper ;  I  was  nearer 
to  tlie  table  tbun  Mr.  Ueblaye^  and  did  observe 
this  paper  to  lie  upon  the  table  before  the  lords, 
and  do  take  this  to  be  the  individual  paper  that 
was  shewn  him  then. 

An.  Gen,  What  was  said  to  bim  at  that 
time  ? 

Stani/an,  The  question  was  a^kcd  Inm,  what 
he  knew  of  any  arms  ihut  wne  lodged  in 
VVesjtminstcr?  He  said  he  knew  of  none.  Then 
this  jiaiter  was  shewn  to  bim,  and  a  question 
was  asked  him  ;  here  the  arms  ore  aaid  to  be 
lodged  in  tliis  scheme  of  your  own  band- writ- 
ing \  how  came  you  to  write  so,  if  ihere  be  no 
arms  bxlgetl  ?  Mr.  Layer  said,  it  was  a  mis- 
take :  it  wau  not  intended  armii  that  are  thi  re 
lodged,  but  nrmj*  that  sihould  be  there  lod|i;ed, 
fie  said,  1  should  have  writ  arms  that  should 
he  |odge<l,  ioslend  of  arms  that  are  todueif. 

Serj,  Chahire.  The  questiou  was  couceruing 
a  paper  of  his  own  hand-  writing  ? 

Stant/an.  Yes  ;  it  was  coucludeil,  that  the 
paper  was  of  his  own  baod-writing^  and  he  did 
jiot  deny  it. 

Att,  Gin,  Did  be  say  it  was  not  his  own 
band- writing  ? — Stnnyan.  No,  he  did  not. 

Mr,  KetetUif.  Was  the  question  a^ked,  wbe- 
tlier  that  paper  was  his  hand- writing,  or  no? 

Stanyan.  No,  I  behere  not, 

Mr.  Kcttlbey,  1'hen  if  there  Was  no  question 
ai^ked,  wbetlicr  dtd  be  own  it  lo  be  his  band- 
ivriting,  or  nu  ? 

Stanyan.  He  did  not  expressly  own  it  to  b« 
bis  baud  writing. 

Att:G€n>  He  was  not  asked  that  question, 
whether  it  was  bis  baod-writtog,  or  no  ? 


I 


199] 


9  GEORGE  L 


Trial  of  Christopher  Layer ^ 


[90O 


Stttnyan.  No,  Sir. 

8erj.  Fcngilly,  He  d'ul  not  deny  it  to  be  his 
own  hand- writing  ?—5<a»i^an.  No,  Sir. 

Mr.  Wctt,  Whether  the  lords  in  iheir  ques- 
tion did  state  it  so  as  taking  it  for  his  own  hand- 
writing ? 

Stanuan.  It  was  taken  for  granted  that  it  was 
80,  and  he  made  no  offer  to  deny  it. 

Prisoner,    Pray,  Sir,  let  me  ask  you  one 
question  about  the  arms  ?    When  I  was  asked, 
if  there  were  any  arms  Iodised,  did  I  not  an- 
swer in  the  negative,  and  said,  No  ? 
Stanifan,  Yes. 

Prisoner,  In  relation  to  the  arms,  yon  say, 
that  1  said  arms  that  should  hate  been  lodged  ? 
Stanyan.  That  was  a|M>n  the  lords  asking 
you,  to  explain  that  part  of  the  scheme  relating 
to  arms ;  and  when  you  said  you  knew  of  no 
arms  that  were  lodged,  then  said  they.  How 
cM>me  you  to  mention  in  this  scheme  of  your 
own  hand •  writing,  arms  that  are  lodged?  To 
which  you  answered,  I  should  ha?e  writ  arms 
that  should  be  lodged. 

Prisoner,  When  1  was  asked,  why  I  did  say 
arms  that  were  lodged  ?  Why,  saith  I,  my 
lords,  I  know  of  no  arms.  It  that  was  my 
pafier,  and  I  had  writ  it,  I  should  have  wnt 
arms  that  should  be  lodged. 

Att.  Gen,  My  lord,  we  pray  that  the  papers 
may  be  read. 

Mr.  Hungerford,  My  lord,  we  hope  that 
these  papers,  (though  tor  my  part  I  know  not 
what  they  are ;  for  there  is  no  hint  of  them  in 
my  brief)  shall  not  be  read,  for  this  reason ; 
the  evidence  which  hath  been  given  for  the 
king,  hath  not  brous^ht  them  home  to  the  pri- 
soner. There  is  no  legal  proof  that  the  papers 
are  of  his  hand -writing ;  and  consequently  he 
cannot  be  affected  by  any  thing  that  is  in  them. 
As  to  what  is  said  of'  the  likeness  of  hands,  that 
we  humbly  hope  is  no  evidence  at  all.*  The 
first  witness,  Mr.  Donley,  he  hath  said  it  is 
like  his  hand ;  but  he  gives  that  opinion  of  his, 
on  the  knowleilge  he  had  of  the  prisoner's  hand 
fourteen  years  ago  ;  and  by  some  letters  he  re- 
ceived from  him  about  five  years  since ;  men's 
bauds  may  differ  and  vary  even  in  five,  much 
more  in  fouKeen  years. 

What  follows  is  the  evidence  that  hath  been 
given  by  the  gentlemen  belonging  to  the  secre- 
taries* otiice. 

1  personally  know  them  to  lie  gentlemen  of 
good  sense,  integrity  and  honour,  and  ibr  my 
part  1  believe  every  word  they  say;  which  is 
more  than  1  can  say  of  the  other  witnesses  hi- 
therto produced.  But  what  these  say,  doth 
not,  with  submission,  affect  the  prisoner:  they 
we/e  present  when  the  prisoner  was  examined 
before  the  lords  of  the  council ;  none  of  them 
heard  the  prisoner  acknowledge  that  the  papers 
were  writ  by  him,  or  that  he  did  own  them  as 
his ;  neither  was  he  asked  any  question  to  that 
purpose ;  neither  did  the  nature  of  the  exami- 
nation my  lords  of  the  council  were  then  upon, 

*  See  this  Case  cited  ai  to  thi^  point  in  Dr. 
Hena^'a  CaaCi  a.  d.  1758|  i»fr^ 


lead  them  to  such  ^  question :  The  lords  were 
not  asking  BIr.  La>er  niiestions  to  fix  an  evi- 
dence iqion  himself.  But  the  lords  having 
some  papers  before  ;hem,  and,  according  to  the 
duty  of  their  high  stations,  being  intent  npnn 
discovering  what  mi^bt  be  of  danger  to  iiis 
majesty  and  the  public,  they  asked  MrLaywy 
where  the  arms  were  deposited  at  We  '-~ 
ster  ?  He  answers,  that  be  knew  of  nona 
or  to  that  purpose.  It  cannot  in  law  or 
be  from  hence  inferred,  that  he  did  own  the 
papers  to  be  of  his  own  hand- writing.  The 
only  evidence,  therefore,  which  can.be  inaialed 
on  to  entitle  these  papers  to  be  read,  is  the  efi< 
deuce  of  likeness  of  hand,  which  is  noevidcnoe 
at  all  in  a  criminal  case. 

In  my  lady  Carr's  case,  it  was  not  nUowed 
to  be  evidence ;  and  yet  tharwas  not  n  capital 
case,  but  a  case  of  misdemeanor  only,  it  WM 
l»erjury.     But  there  is  an  authority  beyond  all 
that ;  we  have  the  act  of  parliament  for  the 
reversal  of  the  attainder  of  colonel  Sidney,  who 
had  been  convicted  ujion  evidence  given  oil*  ihi 
similitude  of  hands,  and  that  a  much  atrongtf 
proof  than  what  appears  here ;  for  €!ook  nad 
Cary,  two  fain«»us  goldsmiths,  swore  ihty  bo- 
Ueve<i  the  treasonable  liiiel  laid  to  ooroneTSid* 
ney  to  be  writ  by  him  ;  and  assigned  that  for  n 
reason  of  their  belief,  for  that  they  had  received 
several  bills  from  him  of  the  like  hand-writinK 
which  they  constantly  paid.     Nay,  one  of  tCft 
goldsmiths  swore,  (as  I  remeinlier  the  trial) 
that  he  saw  the  colonel  write  a  receipt.    Somo 
other  cases  of  this  nature  might  be  quoted,  hot 
we   depend  upon  the  authority  of  my  lady 
Carr*s  case,  and  the  act  for  reversing  the  aU 
taiuder  of  cohir.ei  Sidney,  which  is  iaslar  am* 
nium  ;  for  in  that  act  the  reas«m  assigned  for 
reversing  the  attainder  is,  for  that  the  convie* 
tion  and  attainder  were  found  upon  a  siinilitwln 
of  hands.*     We  have  an  attested  copy  of  tb* 
act  here  ready  to  be  read.     In  erasequeooe  a^ 
this  act,  my  lord,  similitude  of  Hands  b  nevip 
to  be  given  as  eiidence  in  a  criminal  case :  aoA 
therefore  we  humbly  hope,  that  tliis  paper  i^ 
not  so  proved,  as  to  be  read  in  any  couii,  kai^ 
must  be  rejected :   it  is  not  proveil  to  be  bi^ 
baud  by  any  that  ever  saw  him  write ;   nwthg^M 
hath  any  body  beai-d  him  own  it  to  be  hia. 

Mr.  Ketrlicy.  My  lord,  I  beg  leave  to  ii^  ^ 
few  words  in  supp«>rt  ot'  this  objection.  We  «Bie 
not  know  what  is  the  pur|K>rt  of  this  paper.  ^ 
daresay,  Mr.  Hungerford,  as  well  as  myn^BM 
hath  not  seen  one  tittle  relating  to  it  wbM  ^^ 
ever ;  but  1  hope,  for  the  sake  of  evidence*  '^^ 
sacred  and  eternal  rule  of  evidence,  that  si CK^*^ 
tilde  of  hands  shall  not  go  for  proof,  wb 
|ierson  is  chargc«l  with  a  capital  offence, 
shall  in  due  time  endeavoui  to  lay  befc 
Court  several  material  objections  to  the 
of  some  of  the  witnesses;  but  at  preseve 
must  suppose  them  unexcejitionable,  wauM 
sider,  with  respect  to  this  aingle  point, 
this  paper  is  sufficiendy  pram  in  i»  i 

80«,uidvel.l 


^ 

% 


J017 


for  High  Treason. 


A.  D.  1722. 


[soe 


["t  ift  IS  to  be  reftd.    Mrs.  Mafon  an  J  tbe 
^en  Inve  endenvoured,  by  a  jun»hling 
\t»  piofe  ibe  idetility  of  the  pajiers, 
!•  hand  tbem  down  frism  one  tti  aiiotlier: 
tl«w  ilo  tbey  af^peAr  to  be  of  Ibe  prisoPKM'^D 
Wwtimg?     Mr,  D«y ley  says,  fun ili^eii  or 
jCBiTB  ag^o  be  nasi  bii^  cl^rk ;  tbat  five 
jwta^o  b^  reei^^'ii'ed  letters   ii-mn   bitn;    and 
|kM%»ekirfty  founded  bisojiitium  tbnt  it  was  I 
iba  fnMper's   hind  wriUDor,  because  be  bud 
It    with  those  Inters,  and  tbat  ibe 
like:    and  yet  tbtwe  letters  wilb 
eomparett  ibis^a^Hfr  be  baiH  not  in 
ama  m  produce.     Tbis  u  tlie  9iib!>tance  of 
ilnlij'a  evidence. 
A|r  [0fd^   I   humbly  insist,  tb»t  thii  is  not 
and  if  coi»]mri«on  i)f  baiid»  was  to 
?^  aairely  Ibis  would  m»l  do,  uiikfisbe 
those  jiaperSf  oti  wbirh  bt*  oivns  be 
bim  u|iiiiion.     1  refer  it  to  tbe  jnrv, 
lie   rnay  not  posfiibly,  nny   probablVi 
ermu  eons  judgment.     Abulia  man  be 
itiii  i.r  hirt  life,  liecuose  tbe  witness  saw 
II  years  a{fn,  and  received  letters 
yeiirs  ag-o  i*     i?^  any  ibiiiir  nnore 
_  iban  H  mun^s  bnn<Utviitin|j^p     Cmi 

4Mll»r  of  yOM,  Creotlefiieti,  take  iipttii  you  to 
ay,  i»bal  *s  or  iii  not  \rntr  Hritiiicf  alitr  s(> 
{vUi  a  Jf  oiftb  of  time  P  '  Would  n*ti  i\m  difle- 
rcBlaubjccrts,  tbe  one  a  coiimion  btter  of  busi- 
am,  tile  oilier  a  treitMrnnble  sfbeiopf  make  a 
weuMe  rariatioD  er  en  In  a  inairti  utiuaj   clia- 

e  caae  of  my  lady  Carr  is  reported  in  Si- 

I,  fol.  4I9«  and  was  u|mn  nn  iiidirtment  of 
an  otJipoce  of  a  tmitiU  h«f»r  ntiture 

wrbai  ibia  genilemao  i«  mow  iriet!  ior  * 
lhai«r «  witofsa  awore  be  believed  fbe  fiajior 
apadtmst  m  roitrt  to  be  ber  band-  wi  iltn^r^  yt-t  it 
wdtuH  tnaiimit  tn  micIi  a  proid  as  to  nuike  ber 
(nby  ;  N»\  ,  tbe  Courl  miA  expressly,  tliar  ii 
via  rifit  rvid«-nce,  and  s^bovdd  not  be  Lidiniltt'il ; 
laA  «.  V  tbe  was  aequilletl.      Jlot  iIim 

I%Ih  i'V  is  wbat  Air.  Iton^erford  batb 

attiiril,  t^}*;  till  of  pitrbaiorni  tor  (be  reversal  of 
Ikt  ait4it>itrr  of  eolotiel  8o)fiey  ;  anrl  ive  bare 
i9ito«a«  bete  ready*  ibal  rxaotined  it  witb  ihe 
monl,  tbat  provm  it  to  be  a  true  cop)'.  Al- 
ftraoci  J^idnry  was  a  Mai  ore  tl  of  bi;;h4reasoii  by 
■nibindt?  of  liaiids,  aud  ibat  Mfna  tbe  remon  of 
tlMfrtrrvab 

Hk  two  oejtt  wilnensea  are  Mr.  Defataye 
Ml  tir.  Hian^no^  ffrnttrineti  of  honour^  and 

w«*tiUl  liOl  Mfain  a  point  upon  any  aet-finnt 
fifr.  Mr.  Delafnye  ibitb  not  know 
vMirr  ilii»  papr  waa  on  tbe  lable.  whtn  Mr. 
|j^  >»Mn  ritainiuMl  lefore  tbe  lurd^  of  tbe 
iMi«r»l«  or  no:  Mr.  Hiauyaii  nuyt,  be  was 
iPiii  ■  ImI  orarcr  tbe  table,  and  be  lakes  tire 
f«pr  It  at  t»  410 w  proilueed  to  be  tbe  f^ame 
pfttr  lKa»l  «ra«t  ttmoi  tbe  table  in  tbe  room  W* 
tncvlAwkirdaof  ibe  numril,  wbru  Mr,  Layer 
wi»  Ibfifv  •  W*eause  when  it  w us  produced 
llwf«'  V  o  to  bitn,  be  said,  I  sboubi  bate 

wtmk  I  slioulrl  he  b^iljfed. 

II  «^  o«  «»^  tbat  be  never  was  asked 

Ibt  '.  ^^  bether  it  was  bia  baDd-vrntiot;^ 


or  DO?    How  then  sbouM  be  deny  it,  if  it  wat 

never  nut  to  bini  ?  Aud  tbe  refore  to  say,  be» 
c^\u(i  be  did  not  def)y  a  ipieslion  ibat  Ha»i  never 
askifl  biin,  that  tbat  ^ball  imiM>rt,  as  to  tbis 
puHirular  maiterf  a  eonfi^ssion,  i»  to  me  fitrange 
and  ntiaccountiible  !  Tbe  natural  sense  of  tbe 
prisoner's  wordw,  as  proved,  is  no  more  than 
tbis;  Nop  if  I  bud  writ  it,  I  sboidd  have  rather 
*vrote  arms  ibut  should  be  Iwlg^ed,  than  arms 
tbat  were  loflg^eci  Therefore,  my  lord,  we 
bumbty  apprehend  they  have  not  given  evi- 
dence m  this  case,  sutftcient  evidence  to  sup* 
port  the  reading  of  those  pa[>ers. 

Your  ]ordsbi|is  are  now  to  by  down  m  per- 
petual rule  of  evideucc:  for  latest  posterity  will 
pay  a  just  regfard  to  the  present  dtterminutiuoa; 
and  if  comparisan  of  banda  in  tins  cajie  be  al- 
tovicfl  as  evidence,  tbe  same  rule  must  for  ever 
hidd  in  all  parallel  cases;  and  <iod  kuowi 
VI  hat  may  be  the  consequence  of  such  a  revo- 
lution, Or  who  may  be  affected  by  it. 

Sf-rj.  Frngeiiy.  My  lord,  we  l>oj»e  th&t  nol* 
viitbstanding  wbat  bath  been  obiected  to  the 
reading  of  tbis  paper,  we  think  it  proper  to 
have  it  read  :  though  ibc*y  have  mentioned 
sonic  cases  for  to  maintain  their  objections,  yet 
the  latter  aulborities,  and  the  constant  course 
of  evidence  since,  as  we  tliink,  are  diri^tly 
w  iib  us :  as  tbe  case  of  my  lord  Fre%too,  where 
ei|ilil  or  nine  of  the  judj^es  were  present. 

Jn  the  rase  of  the  lady  Carr,  there  is  that 
opinion  insisted  on  g-iven  at  tbe  end  of  tbe  case 
in  a  sliwrl  on  intelligible  manner* 

(Here  Mr.  Hony^eiford  interrupted.) 

31  r,  Hungrtford,  My  lord.  1  do  not  know 
wbelbtfr  vrc  sIjuU  be  at  hbeity,  v»hen  the  king's 
counsel  have  done,  to  read  tbe  act ;  and  tber e^ 
bire  1  otfer  it  to  your  lonliihip's  consideratioo, 
wbtlher  wetiboubl  not  read  it  now? 

L.  C\  J.  Heiul  ibe  act  id  p:irliari»enl. 

Mr.  Krtcthetf    Call  Mr.  Tlit^eilain- 

Att,  Urn.  We  are  apprized  of  ibat  act  of 
parltanieiit ;  I  have  an  examined  copy  of  tbat 
act ;  but  we  ap^irebetid  it  will  not  eocne  up  to 
wbfit  tbey  lite  it  for. 

Mr.  KtUiLri/.  We  have  five  acta  of  parlia- 
meni  tbut  we  have  examioed  with  tbe  records  ; 
we  ibd  not  kut^w  where  they  would  fiboot  at 
us,  and  therefore  were  rraolved  to  be  aimed 
C«p-a-|K'e, 

8erj.  Vcn^cHy,  As  to  my  lady  Clarr's  easef 
it  will  be  brird  to  mLiintaifi  that  opinion,  because 
tbe  letlfiH  I  hey  produced  uere  not  in  tbe  di- 
rect instance  of  the  perjury. 

I^eu  the  art  of  pai^liamettt,  wbicb  tlifty  pro- 
duce, it  ttiketi  no  tire,  that  a  paper  wa^  found  in 
tbe  cbj*tt't  of  Mr,  Sniney,  ainJ  wa-  read*  with- 
out provin;^  it  to  be  bis  own  bniirl'iiiiitrO|^:  is 
tbis  paper  louud  wiLbout  any  ov^iiir**;  iind  ac- 
knoviledgiof^  it  by  the  nrisonrr?  r-«nf»tthis 
paper  delivered  by  Mr,  Liytr  himself  to  Mrs, 
Mason  r  Had  nt't  be  this  pnper  in  bis  custody, 
and  it  f»roc^ded  tVom  bim  P 

in  the  case  of  my  tord  l^esion,  there  were  a 
fifreat  nuuiber  ol  jud^^ts,  my  b»rd  chii  f  juNtice 
lloh^  brd  ctiief  jiiiitictf  Hollexfen,  and  others  % 


90S] 


9  GEORGE  I. 


Trial  of  CkrUiopher  Layer ^ 


there  the  iDdtctinent  of  my  lord  Preston  was 
his  adhering  to  the  king's  enemies;  and 
amongst  other  overt  acts  alleged,  his  carrying 
several  papers  of  instructions  to  inform  the 
French  king  how  to  attack  the  kingdom  :  Mr. 
Warer,  who  had  been  an  under  secretary  to  my 
lord  Preston,  swore,  that  he  believed  some  of 
those  papers  to  be  like  tlie  lord  Preston's  hand, 
and  they  were  all  read  in  that  case  by  the  opi- 
nion of  the  whole  court,  though  they  were  the 
very  express  overt  acts  alleged  in  the  indict- 
ment itself:  how  doth  this  stand  here,  sup- 
K«ing  no  use  is  made  of  the  evidence  of  Mr. 
oyley  ?  When  this  paper  is  shewn  to  Mr. 
Luver  himself,  before  the  lords  of  the  council, 
and  was  mentioned  as  a  paper  of  bis  own  writ- 
ing, and  he  is  asked  how  he  come  to  write 
arms  that  are  said  tliere  to  be  lodged ;  his  an- 
swer is,  I  should  have  wrote,  arms  that  sliould 
be  there  lodged ;  is  not  tliis  sufficient  evidence 
to  prove  a  confession  ?  Doth  not  this  amount 
to  an  evidence  of  his  confessing  it  to  be  his  own 
writing?  So  here  is,  as  we  apprehend,  the 
evidence  not  only  of  the  thing  itself,  but  like- 
wise the  prisoner's  own  declaration,  that  he 
was  the  person  who  wrote  it.  In  sir  Henry 
Vane's  case,  the  warrant  given  in  evidence 
against  him  was  proved  only  by  witnesses  who 
believed  it  to  be  his  hand  ;  but  here  is  a  particu- 
lar fact  which  (we  apprehend)  amounts  to  a 
confession,  and  is  a  proper  evidence  for  the  jury 
to  consider  of,  whether  this  be  not  a  confes  • 
siOn. 

Aii,  Oen.  My  lord,  I  apprehend  that  we 
have  given  very  proper  evidence  to  entitle  us 
to  read  this  paper :  my  lord,  J  beg  leave  to  ob- 
serve first,  that  it  hath  been  proved  that  this 
paper  was  found  amonir  the  papers  which  the 
prisoner  delivered  to  Mrs.  Mason,  to  he  kept 
for  him,  which  were  seized  in  her  lodgings,  as 
the  witnesses  have  before  acquainted  your 
lordship,  and  if  that  were  all,  this  paper  must 
be  read.  As  to  that,  the  lord  Preston's  case  is 
direct  in  point,  and  so  determined  by  six  or 
seven  judges,  tiz.  that  papers  found  in  the 
possession  of  the  prisoner  may  be  read  without 
further  proof.  But  we  insist  that  this  paper  is 
legally  and  regularly  proved  to  be  his  writing 
by  the  evidence  of  Sir.  Dovley,  and  the  pri- 
soner's own  confession;  the  counsel  for  the 
prisoner  have  mentioned  lady  Carr's  case,  and 
the  act  for  the  reversal  of  the  attainder  of  col. 
Sidney,  and  say  they  have  a  great  many  other 
cases  to  the  same  purpose. 

I  defy  them  to  shew  any  one  single  case, 
wherein  it  has  been  determine<l,  that  proof  of  a 
person's  hand  by  a  witness,  who  swears  he  has 
seen  him  write,  and  knows  his  hand,  and  be- 
lieves the  paper  produced  to  be  of  his  hand- 
writing, is  not  a  sufficient  proof,  in  a  criminal 
prosecution,  that  that  paper  is  such  a  person's 
band,  before  my  lady  Carr's  case :  if  that  case 
does  support  the  opinion  they  have  laid  down  : 
in  all  actions  such  evidence  hath  been  con- 
stantly allowed ;  then  1  shouM  be  glad  to  know, 
what  law  or  what  reason  has  made  adiifemioe 
^  to  fuch  evidence,  between  d? il  aetioiyiy  awl 


[9M 


criminal  or  capital  prosecutioiM.    Ai  ti  i 
lady  Carr's  case,  the  book  is  Toy  i 
obscure ;  I  believe  the  prisoner**  com 
not  make  it  support  what  they  now  ( 
for. 

Lady  Carr  was  indicted  for  pajnry,! 
posed  to  be  committed  in  an  maawer  wmh 
her  before  a  master  in  chancery :  what  iili 
said  about  a  letter,  does  not  appear  at  alts  ta- 
late  to  thecase  there ;  and  if  any  jndgoMlw 
down  such  a  position,  as  has  beaa  OMiliaBil 
by  the  other  side,  the  meanmg  moat  he^  Ifaak 
an  answer  on  oath  shall  not  be  fUailai  Iv  a 
letter  only  under  the.  party's  band  ;  and  ttaft 
such  a  letter  should  nut  be  a  sufficient  I 
to  convict  him  of  perjury. 

As  to  the  case  of  col.  Sidney,  it  ia  i 
known  that  he  was  a  gentleman  of  q«iail|,i 


in  his  study  a  writing  was  found,  tI 
neral  Treatise  of  Doctrines  and  "^  '^ 


▼is.  AOa- 


were  very  distasteful  to  the  then  _ 
writ  in  answer  to  a  book  formerly 
It  was  not  a  scheme  for  raising  a  rel 
was  it  designed,  for  any  thing  that  _, 
that  it  should  go  out  of  his  own  doaet, 
papers  being  seized,  this  paper  was  fooad  fkttn 
among  them  ;  and  for  this  he  waa  inJiflhi.it 
high-treason.  It  was  generally  Uiod||ht  tfH 
tremely  hard  to  make  his  having  by  biai  mm 
a  general  tract,  writ  in  answer  to  a  pailicalia^ 
book,  and  kept  private  in  his  doaet,  an  0faa%? 
act  of  treason.  However,  he  was  fbnnd  fsil^' 
and  attainted.  No  wonder  then,  when  tt||r. 
came  into  pariiament,  that  they 
proceeding,  and  reversetl  his  att 
the  reasons  recited  in  this  act,  as  ii 
for  this  reversal,  are  accumulative ; 
taken  in  that  proceeding  is  complaii 
there  is  not  stress  laid  only  upon  the 
this  iiaper,  but 

The  act  recites,  <«  That  col.  Sydmnr, 
means  of  an  illegal  retom  of  the  jury,  ij 
nying  him  his  lawful  challeogea  to  toe  |Bi 
men,  for  want  of  freehold,  and  withoot  '^ 
cient  legal  evidence  of  any  treasons 
mitted  by  him,  there  being  produced  a 
found  in  his  ck)set,  supposed  to  be  hb 
writing,  which  was  not  proved  by  any 
witoess  to  be  written  by  him ;  but  Ike 
was  directed  to  believe  it  by  comparing  it 
other  writings  of  his :  and  besides  tnt " 
so  produced,  there  was  bi|t 
prove  any  matter  against  him,  and  by  a 
and  unjust  construction  of  thestatutci  a^ 
sons  was  most  unjustly  attainted."  A*^, 
the  act  reverses  the  attainder.  Surdy*  ^ 
nature  of  the  evidence  we  have  given,  U»  V^ 
this  paper  to  be  the  prisoner's  hand«  *^T 
sidered,  it  stands  clear  of  any  materi^t-^^ 
tion  that  can  be  raised  from  that  act  J*^ 
not  barely  proved  by  a  comparison  of  ■■■■ 
here  is  a  witness,  that  ofteu  saw  his^  T, 
swears  it  to  be  his  hand- writing:  tby^  TJ; 
multitude  of  papers,  some  oflmd  to  ts^B^ 
by  similitude  of  hands,  and  every  mm  ^" 
waa  read  in  my  lord  Preston's  ease.       ; 

JBaaiflhap  been  ia  that,  whiohl  b«  "^ 


^fm  High  Treasrtft, 

I  ft  cmifcssioii  by  51  r.  Layer,  I  but 

hl*^  ^^riung";    if  ibe  question 

Iter  by  tlte  1r»r<ls  uf  ibe 

-xver   are    cousicJered,  it 

lin  confcs&inn  of  it ;  tlieretore 

k  it,  that  we  hure  given  a  suflS- 

ffrr  the  readisg  of  ibis  pat>er  ; 

f  shjill  haTc  yaur  lordship's  di- 

IsbmH  he  read. 

"odicr  of  the  kiog^'i}  counsel  of- 

If  there  was  any  occasion,  you 
»srd;  hut  there  is  no  occasioo. 
" :  '  fty  the  witnesfieji  that  these 
vtr.  Layer's  possession,  that 
.  ,,..;u  to  Mrs*  Mason,  that  sbe 
ft  up  in  her  trunk,  aealed  as  they 
rrd  to  her  by  Mr*  Liiyer,  and  after- 
i'lA  of  her  trunk  by  the  messen* 
^t  rf  ifi^y  rest  it  here',  and  no  other 
bt  t  u  ijiven  ;  the  papers  ougbl 
1  bt-.ujT  W\s  papers,  which  he  once 
tiou,  if  nothing  else  had  been 

in  the  werld  be  an  authority 

t^an  that  of  my  lord  Presloo, 

hicb  were  in  his  custody, 

tody,  were  read  witbout 

T'M-n  uva  they  were  \m  hand. 

oasider,  this  g^oes  further ;  it  is 

Ipcr  found  in  his  custody,  but  it 

Rten  with  bis  own  band  I  How  do 

It? 

Iter  of  tins  gentleman  tells  you  he 
rk.  lived  ^ilb  him  two  years;  af- 
ned  letters  from  him  about 
business  lie  did  accordiu;^  to 
oil  ol  thosa  letters,  and  was  paiil 
f  by  htm  fur  it,  and  that  he  believes 
*"  ftd.  If  they  had  g-one  no  furlber, 
I  ba?c  doubted,  hut  that  according 
cour»e  and  ride  of  evidence  it 
Then  they  make  an  ohjec- 
hnw  h»ij|p  Jt  ii  since  he  was  his 
lahout  H  or  15  years  agjo:  his 
I  altered  iu  that  time  ? ery  mnch  ; 
can  you  swear  it,  when  it  i!%  so 
~"|iv  htu  i,an,|  ?  Why,  says  he, 
ir'rs  from  biru  five 
ix  Ills  ai/ent ;  ihii* 
Tr  T  ,  be  sent 

■♦lit  I  nt'  letters 

sd  Vi^iib   this  paper,  and  from 
I  Wirre  that  his  tharacler  is  not 
pow  do  vou  know  be  writ   those 
iwtri'd  tlio<ce   U'lters^  and  they 
' '    ifi  which  1  did  for  him,  and 
Id  me  %ery  hon«»«rably  for 
I  ■        \*ctehis  writ- 
ii  notchnngcd 
Bp«ii    nil    \rbolc  mattc:r, 
»r  tt  tu  b*»  bit)  own  hand- 
T,   ihii  ift  ronliru^r  d  by  his 
i  I  bill  if  ii  bad   bren  an   mde- 
it  is  an  evidtMice  sufficient 
Itkk  |is|icT  read  ;  because  if  « 


A.  D,  ITflt. 


[20.1 


man  says*  be  verity  helieres  it  to  be  his  hand* 
wriking,  it  is  always  allowed  to  he  read-  You  , 
did  ask  liioi,  but  upon  what  g^rounds  do  yoti 
believe  his  character  is  not  chanored?  Wh}^ 
says  he*  I  do  principally  believe  it  from  th« 
letters  I  received  from  him,  which  1  should 
have  doubted  on  the  hand,  which  he  writ  14 
years  ago,  whether  it  wa^  changed  or  not ;  and 
I  believe  it  is  not  changed,  because  it  is  agree* 
able  with  the  characters  he  writ,  when  be  wai 
my  clerk  ;  and  upon  the  whole,  1  beliove  it  to  J 
be  his  hand' writing,  ] 

Then  ibey  tell  you  of  an  examination  of  thti  i 
genUenoan  before  the  lords  of  the  council; 
when  they  asked  hiin  about  arms,  he  knew  no-  i 
tiling  of  them  ;  then  they  shew  him  this  papei*, 
and  ask  tan),  bow  came  you  in  a  scheme,  all 
of  your  own  hfind- writing,  to  say,  arms  that 
arc  provided;^   What  was  more  natural   ihuii  ' 
for  him  to  say,  here  is  a  paper  that  doth  men- 
tion it,  1  deny  it  to  be  my  hand-writinGr  f    Bui 
be  was  sii  far  from  denymg  it,  that  as  the  plain 
sense  and  import  of  the  words  spoken  mu^t  b« 
underiitood,  he  owns  it  to  be  his  hand. 

It  is  a  mistake,  says  he,  I  should  have  wr 
which  shoiihf  have  been  provided. 

How  should  he  have  writ  that,  if  he  had  not'  | 
writ  the  other  ? 

So  considering  the  whole  cantexture  of  thK  I 
business,  and  course  of  proceeding,  it  is,  and  ' 
I  believe  none  can  doubt  it,  as  idaiuly  proved  | 
to  be  his  own  hand- writing,  as  if  he  bad  said 
in  so  many  words,  it  is  my  hand^writiug,     H 
must  have  been  read  as  a  paper  found  in  bit 
cnstoily.     The  other  evidence,  that  is  given  ttKJ 
the  jury,  will  be  a  matter  proper  for  their  con-  j 
sideratioD  ;  but  if  that  evidence  had  not  beeu^j 
they  must  have  been  read ;  they  offer  that  ag  j 
of  greater  import,  because  it  is  of  the  prt* J 
80 net's  own  hand* writing.  1 

You  tell  us  of  the  lady  Carr's  case,  which  J 
was  an  extraordinary  case,  when  she  in  hef  i 
aujswer  in  chancery  swore  that  it  wa^;  not  her  . 
hand,  they  come  to  convict  her  of  perjury,  by*. 
proving  it  to  be  her  hand  by  a  letter  "they 
produced.  J 

Gentlemen,  there  is  no  pretence  to  make^ 
this  a  question.  Do  you  think  that  the  paprr  . 
wfntb  you  offer  shall  con%'ict  llits  woniJin  of  jl 
perjory  ?  No  ;  when  she  had  s^vorii  it  wagfj 
not  her  hand,  they'  come  to  prove  it  by  a  wit*^ 
iiess  that  says  he  hehevf^s  it  to  he  her  band,^ 
because  they  produce  a  letter,  which  they  say^J 
is  her  haiiiU  Upon  thi^  the  Tourt  d*ftt^knune*»i 
that  this  evidence  shouhl  not  be  allnvrcd  ;  IIihIm 
is,  that  it  coubl  be  of  no  con^efpience  lo  Ijilsify  t 
any  mutter,  which  she  barl  declared  u{»on  oath,  l 

But  as  this  cane  its,  sure  iIi^tc  is  mit  !he  leastJ 
doubt  but  if  the  proof  of  his  hand  bii<l  heeni 
out  of  the  case,  H  must  be  read  a«  a  pafK?? 4 
that  was  in  his  custody,  and  taken  out  of  ibeJ 
custody  «d' one,  v^ith  iUi(»oi  he  hail  depoHite4|| 
it,  which  is  provoit  tK*y(iitd  nil  ronti  adiction.     ^ 

And  in  the  case  of  my  lord  Preston,  and  iii^ 
a  thousand  eases,  it  bath  hten  so,  and  u 
was  denied* 

True,  U'they  come  and  sAy*  it  this  his  li«nd  f\ 


n 


9  GEORGE  I. 


I  Ibe  witneM  says  I  «1oiiH  know  whether  it 
bis  band  or  do  ;  I  have  seea  something  of 
i  haDil,  and  I  don't  know  but  it  may  be  hiif 
lod ;  it  is  not  rig^ht :  but  the  witness  must 
round  bia  belief  stronger;  1  ha^e  seen   bini 
^rite»  and  I  know  bis  writinj;,  therefore  I  be- 
iere  it  to  be  bis  band.    II*  tbey  had  rested  it 
m  that,  that  the  first  evidence  knew  bis  band 
14  years  ai^,  that  must  be  lefl  to  the  jury, 
wbeiber  tbey  believe  Mr.  Doyley's  evidence  ; 
because,  says  he,  I  saw  him  write  14  years 
ago.    The    possibility  of  that,  if  there  was 
nothincr  else  in  the  case,  mi^ht  be  left  to  the 
jury,  whether  that  evidence  was  sufficient  to 
iatisty  tbem  that  it  was  his  hand.     Upon  the 
whole,  never  was  any  thing  clearer  tlian  that 
this  must  be  read  as  a  paper  found  in  his  cus- 
tody, that  hath  in  the  usual  manner  and  method 
the  proof  of  being  his  hand- writing. 

Prixoner,  If  faro  out  of  time  I  beg  your 
lordship's  pardon ;  I  will  not  take  up  your 
brdship's  time ;  1  only  beg  a  word  or  two ; 
whether  there  is  any  legal  evidence  as  to  the 
publiftbing ;  the  indictment  says,  *'  publicavit 
quoddam  malitiosam  seditiosura  et  preditiorum 
8cri|>tum,"  and  that  is  not  that,  that  is  the  de- 
claration. 

£.  C.  J.  WbateTer  you  say  or  offer,  although 
h  happen  to  be  out  ot  time,  we  will  dispense 
with  you,  when  out  of  time ;  but  what  you 
offer  now  is  upon  a  mistake,  we  are  not  upon 
the  paper  you  should  apply  it  to,  that  is,  the 
matter  of  your  declaration,  but  we  are  upon 
the  fcbeme-paper,  not  whether  you  published 
it,  but  whether  you  writ  it.  * 

Prisoner,  1  am  charged  in  the  indictment  as 
publishing  a  malicious,  seditious  and  traitorous 
writing. 

£.  C.  J.  Yon  are  charged  with  that  as  an 
overt* act  of  the  treason  of  compassin^r  and 
imagining  the  death  of  the  king ;  that  yon  did 
publish  a  malicious,  seditious,  and  traitorous 
paper,  that  is  the  matter  of  the  declaration. 
The  matter  now  is,  not  fur  publishing,  but 
whether  there  is  a  reasonable  proof  given  that 
it  is  your  hand- writing. 

*  <*  Writings  of  tbis  nature  [tending  to 
vilify  or  disgrace  the  king  or  to  lessen  him  in 
the  esteem  of  his  subjects,  or  uny  denial  of  bis 
right  to  the  crown,]  inasmuch  as  the  very  act 
betokens  greater  delibei-ation  and  malignity  ; 
may,  I  think,  with  strict  propriety,  be  urged 
more  strongly  against  the  writer,  as  evidence  of 
a  treasonable  intent.  13 ut  this  must  be  takpn 
witji  some  reserve.  Writings  plainly  appli- 
rablc  to  some  treasonable  design  m  contempla- 
tion are  clear  and  satisfactory  evidence  of  such 
desij^n,  although  not  publisiied.  if,  say  Mr. 
Justice  Foster  and  Mr.  Justice  Blackstone,  the 
papers  found  in  Sidney's  closet  had  been  plainly 
relative  to  the  other  treasonable  practices 
charged  in  the  indictment,  they  might  have 
been  [legally]  read  in  eridence  against  him." 
See  East's  Pl«u  of  tbeCrowDyCliap..a.nelr  M6r 
and  tba  booka  there  rdanad  I0b 

i 


•1 


Trial  of  Christopher  Layer^ 

Just.  pQwyt,  Tliis  is  only  a 
not  an  overt-act  sufficient  to  ooBricC  MS* 

Sol.  Gen.  My  lord,  we  offer  tbiepi^M 
strong  evidence  corroboratiofp  pnd  eninmi 
every  thing  which  bath  been  aim  ly  | 
witnesses,  and  we  pray  it  may  be  nai.  ^ 

Mr.  Hu^gerford.  1  was  reading  Iha 
parliament  when  they-  ■ 

Sol.  Gen,  My  lonf,  we  miiat  htg  ^Kfm 
insist  U|H)n  the  course  of  proGCcding,  that  4 
counsel  shoulfl  not  go  on  to  aiyae  a  Mi 
after  the  opinion  of  the  Court  baa  bees  giM 

L.  C.  J.  Now  you  have  beard  th9  epift 
of  the  Court,  you  must  not  go  on. 

Mr.  Hungerford,  I  was  kMikiag  apoo  1 
act  of  parliament^-^- 

L.  C.  J,    You  remember  Fraiicia*a 
there  was  a  letter  taken  up  at  hia  Ma 
was  disputed  whether  that  should  be  read; 
last  a  witness  came  and  said,  1  have 


write  several  times,  and  I  bdiere  it  ta  be 
band  ;  and  it  was  read. 
3Ir.  Hungerford.  Ay,  hastily 


(Clerk  of  the  Crown  reada  the  SokoNL) 

The  Scheme. 
Ah  defkut  de  la  force,  ilfaut  employtr  la  rm 

1.  Let  the  general,  and  only  one  ofiieer 
note  in  tbe  camp,  agree  upon  a  day  for  el 
cution. 

9.  Let  the  officer  that  day  put  faiiaeelf  < 
the  Tower-guard. 

3.  And  as  there  is  eight  seijeanta,  vis.  thf 
of  the  first  regiment  ot  foot-guarda,  three 
the  second,  and  two  of  the  third,  all  rod} 
an  hour's  warning  to  obey  orders ;  cariy  I 
morne,  let  the  officer  see  a  single  person,  na 
ly  George  ^Vilson,  who  manages  these 
jcants,  and  give  him  directions  to  biingt 
all  to  some  convenient  place  at  lour  that  a 
noon. 

4.  Then  the  officer  must  give  each  set 
money  sufficient  for  the  purpose,  ami 
'em,  that  each  serjeant  order  25  men  (ir 
together  200,  which  tbey  have  ready) 
singly  out  of  the  camp,  and  meet  toge< 

church-yard,  exactly  half  i 
past  eight  in  the  evening,  when  and 
anrither  officer  that  they  know,  must  in« 
and  take  tlio  command  ;   give  'em  ' 
ready  loaded,  and  march  wit)i  them  ii 
to  the  Tower-gate,  at  nine  tliat  night  ( 

5.  Our  friend,  the  officer  within,  r 
cisely  at  that  hour  of  nine  be  on  tbe 
the  Tower-gate,  and  seeing  this  bod 
apiiear,  order  the  garrison  to  let  'eo 
recruit  sent  to  the  'i'ower- guard. 

6.  As  soon  as  ever  iliey  have  enter 
the  arms  at  the  Tower  gate,  shut  tl 
and  secui-e  every  one  iii  tbe  Tow 
officer  on  guard  gives  them  order 
hut  not  to  shed  any  blood. 

7.  The  Tower  being  thus  setB* 
oal«  a  anall  ffturd  there  under  tbi 

.  and  tbw,  with  aUtb 


^■pOB  to  cog 


1055         TK^^^ftf  HififA  Treason, 

JOQ,  marefi  diTA^ty  to  the  Excliang;?,  where 
^  fre;«4  4twra  B»^  bfi  ready  opened,  and  the 

\m  person. 

%*  Jl  ttie  exact  boor  ofDtne,  that  the  Tower 

I  be  Ihiis  seized,  the  (persons  of  some  great 

I  tt^  be  Atresled  at  their  houses,  bronchi  di- 

the  city,  aDd  delirered  to  the  ge- 

"Hiat  tipoQ  our  meeting^  at  the  Exchange, 

ed  PfocUmation  tw  be  spread  about ; 

of  the  city  to  be  shut  up,  and  pieces 

brought  dovi^o  against  'em,  hut  every 

ilemres  to  enter  the  gates »  before  any 

fbrce  appear,  to  be  admitted  to  come 

after  the  genera f  has  appointed  a  guard 

l^te,  acid  inlet*  of  the  city,  with  proper 

tit  command  there ;   kt  him  march 

l^oeral  rendezvous  under  the  cannon  of 

^Tower,   and  order  the  lord  mayor  a  good 

f«H  to  wateh  over  the  Bank,  but  iirit  take 

wmm  frr>ni  thence  to  the  Tourer,  in  order  to 

10.  Tbut  OD  the  morne  of  this  same  day, 
J  t*j  have  an  inter  view  with  some 
«btf  prhictpal  ofiicer  of  the  camp,  and  order 
^^^  to  eognge  alt  friends  to  attend  at  their  re- 
'\tm  posts»  and  expect  a  token  *  to  he  sent 
l9Cftcb  of  them  as  that  very  night,  on  receipt 
^  «bich  token,  thty  are  to  draw  their  men 
9^  And  march  directly  to  the  artillery  in  the 
emp,  a$  a  place  of  genera]  rendezvous ;  and 
fkaH  Uie  captain  of  the  artillery  may  not  be 
llirBied,  let  this  principal  omccr  previously 
wnA  a  message  to  him,  that  orders  are  come 
Irom  tbe general  (Cadogan)  to  double  the  guard 
«f  tbe  artillery,  on  a  rumour  that  li  spread  of 
dK  mob  l*eiog  np  in  the  city* 

It.  The  party  being  come  to  the  artillery 
with  the  said  principal  officers  at  the  head  of 
'on,  let  ^em  immediately  draw  tbe  gnns  round 
'ro^  and  stand  U|K>n  their  defence,  without 
fealdog  any  deula ration,  until  the  said  principal 
■ficer,  who  commands  in  chief  there,  receive 
cerlMti  inteliigence-f  from  our  general  that  the 
tWef  is  seized  upon,  and  the  city  all  in  arms, 
md  tbeu  under  a  pretence  of  securmg  the  king*s 
Msiofi  from  the  insults  nf  the  mob,  kt  this  of- 
iber  make  a  detachment  to  take  him  into  cua* 
tnihr,  and  send  him  into  the  city  to  the  general 
•t&t  Tower. 

I  U  To  facilitate  the«e  proceeding*?,  let  the 
rMperal  the  same  day  speak  to  the  horse-ofBcera 
'  s  ibe  camp,  who  he  knows  to  be  our  friends, 
Hi  vpofi  the  Tery  first  alarm  of  the  city's  bar* 
lif  rerotted,  lit  'em  march  their  men  to  either 
Ulgale  or  Newgate,  on  pretence  to  suppress 
Ifct  mob ;  iind  when  they  are  at  the  gnt^^  as  a 
feben  of  their  being  friends,  let  the  watch-word 
fca  *  tbis  morning/  and  upon  giving  us  the 

•  It  may  be  a  note  in  writing  thus :  Sir, 
In  meet  you  at  nine  to-night,  don't  fail  me. 
1.  S,  lonner  Edition, 
f  k  v»*rbal  message  by  a  third  person  that 
be  by,  when  the  general  und  this  chief 
Con«Hlt   together  liH  morne.     Former 

VOL.  XV r. 


A.  D.  1752,  (Sl6 

word  there,  to  open  the  gatM  and  let  'era  in, 
and  as  soon  as  they  are  entered,  to  march  di- 
rectly to  Tower- hill  and  juiu  themselves  with 
the  general  tliere. 

13.  Let  the  general  also  the  same  day  or- 
der four  of  the  half- pay  captains  to  take  upoo 
them  the  following  cummandij,  viz. 

14.  First  captain  to  go  into  Southwark,  and 
exactly  at  the  liour  of  nine,  to  make  a  bonfire 
in  the  fields  there,  and  give  some  money  among 
the  mob ;  end  ^vhen  you  have  got  a  number 
together  J  send  an  account  to  the  general^  tukc 
the  arms  that  must  be  lodged  there^  and  distri- 
bute out  amongst  'em  to  your  acfjuaiiitance  in 
the  first  place,  and  to  tho<>e  which  they  recom- 
mend, and  then  issue  out  the  declarations ;  and 
after  the  receipt  of  a  token  from  the  captain 
next  mentioned,  whn  is  to  command  in  Palace- 
yard,  to  ferry  over  tliilher  in  lighters,  wiih  the 
watch -word  *  this  morning/  and  join  the  cap- 
tain in  Pa  lace- yard. 

15.  Second  captain,  exactly  at  the  hour  of 
nine,  to  be  in  Privy*garden,  adjoining  to 
White-hall,  with  a  few  gentlemen  armed, 
find  seize  upon  the  great  guns  there,  and  then 
spread  the  declarations,  and  stay  there  under 
the  cannon  till  a  greater  body  join  you  from 
Soulhwark;  or  otherwise  nail  up  the  cannoni 
and  march  directly  t(j  the  next  captain  in  St* 
James^s-park  with  the  watch-word  ^  this  mom^ 
ing,*  and  then  send  the  token,  as  above,  to  the 
first  captain  in  Southwark,  and  let  the  mes- 
senger jou  send  conduct  him  and  his  men  to 
you  in  St.  JamesVpark. 

16.  Third  captain  at  the  said  hour  of  nine,  to 
go  into  St.  Jameses- park,  with  the  key  that  t« 
given  you  of  the  private  door  out  of  Arlington- 
street,  and  appoint  only  some  few  gentlemen 
lo  meet  you  there  exactly  at  the  hour  and 
ready,  f»ne  to  have  the  watch -word  you  give 
them,  which  must  be  *  this  morning/  IjtI  your 
first  rendezvous  be  at  the  little  grove  under  the 
wall  near  the  gate  leadmg  to  Hyde- park,  and 
there  you  will  meet  fire-arms  ready  charged* 
Then  march  down  to  the  parade  next  I  he  horse- 
guard »  and  seize  upon  the  cannon  there,  and 
ammunition  in  the  store-house ;  and  the  better 
to  secure  St.  James's- park  for  a  place  of  general 
rendezvous,  you  shall  have  nn  officer  out  of 
the  camp  exactly  at  the  hour  of  nine  come 
to  your  assistance  with  some  men,  as  he  and 
you  shall  agree  in  the  morne  of  this  day,  nnti 
as  soon  as  you  have  seized  the  cannon  here,  and 
ammunition  aforesaid,  you  are  to  put  your- 
selves in  a  posture  of  defence,  and  puhlisfi  the 
declaration,  and  send  forthwith  to  the  general 
at  the  Tower  to  let  him  know  of  your  siluotion^ 
and  also  send  to  the  captrtins  iu  Palace 'yard, 
Southwark,  and  Tultle- fields,  that  they  imme- 
diately come  and  join  you. 

17.  Fnurtii  captain,  exactly  at  the  hour  of 
nine,  the  evening  of  the  tome  day  to  be  in 
Tattle  fields  ;  raise  the  West  minster  mob 
there,  and  with  the  arms  that  are  there  lodged 
equip  them  as  you  can:  piihlisli  the  decfa- 
rations,  and  march  to  St,  Jameses-  |»ark  directly, 
and  join  trilh  ihem  there,  wlio,  on  your  givingi 


811]  9  GEORGE  L 

them  the  watch-worJ,  are  to  admit  yon  into 
the  park. 

IB*   Ho  tiere  helag  two  bodies  of  men  Ibus 

fDtleo  l(H^etl»er  the  first  ni^bi,  riz.  ooe  on 
ower-biU  and  Ibe  uiher  id  St.  Jameson -park, 
(besides  oor  frieoda  at  tbe  artjtlery  in  Iiydc- 
park.)  Tbe  D€ja  niorijing",  if  not'tooocr,  let 
aur  |Feiieral  order  a  detach metit  to  Lincoln's* 
ion-oelilfl,  and  soioe  caoaou  to  be  placed  on 
tbe  terras  cvf  ibe  garden  therei  lest  tbe  eacmy 
come  in  tbere  between  8t«  JametVpark  and 
Ibe  cUy. 

19*  A  proper  eaplaio  must  be  appointed  to 
Ibe  watermen  belonging  to  the  Thames, 
previous  to  tbe  day  of  executioOf  be  muit 
f  with  the  duke'.s  Largetiian,  thai  upon  ihc 
i  noiice  lo  be  given  them,  that  they  abrni 
ill  the  watermen t  and  bring  them  lo  a  r^jodez* 
DU«  the  same  hour  of  nine  that  night  of  exe* 
lion,  and  tliis  captain^s  rendezvous  muU  be 
Greenwich,  where  be  must  seiste  the  ma- 
1  of  powder,  and  take  out  such  pari  of  it 
ch  man  will  carry,  then  blow  up  tbe  rc&t ; 
ch  from  thence  to  the  Tower,  and  join  his 
with  Ibe  general  there,  to  whom  be  must 
St  send  a  messenger  with  the  watch  word, 
and  an  account  of  bii»  numbers* 

90.  8om^  time  before  execution,  the  general  lo 
•end  a  mensenger  to  particular  men  in  the  couo- 
iry,  that  Ibey  rise  in  ibeir  resi^ective  counties 
|vpou  Ibe  6rsi  news  of  n  hat  is  done  here. 

*2U  All  officer,  &c«  to  go  to  Richmond,  and 
at  the  exact  hour  of  nine  to  seize  upon  prince 
VnUy  Man,  and  brintjf  him  away  to  8oulhwark 
Ui  some  particular  plat  u  appointed,  where  an 
ai^eni  from  the  general  mu&t  meet  them  with 
his  furtlier  orderi. 

8crj*  Pengeliif.  We  read  this  as  an  ev rdencc 
liat  cannot  be  mistaken,  which  is  all  of  his 
vn  baud- writing*. 

AU.  Gen,   My  lord,  we  apprehend  that  this 

imtirms  what  both  the  witnesses  haresworu. 

[^  iievj,  Pen^tUi/*  We  ftball  now  produce  some 

ei  fipts  fiuh«ciibed  by  ilie  name  of  James  R. 

_  nd  pray  that  they  may  be  read,  these  were 

'  kkewise  among    tho&e  papers,  as  hath  bctrn 

prored  in  the  manner  you  have  heard  already* 

CL  oftheCr.  reads  one  of  them. 
*  I  acknowledge  to  have  received  from 
♦  the  sum  of  which  sum 

P  J  promise  to  repay  with  an  Interest  for  it  Ht  I  he 
'rate  of  peraunnm.  Ja:^ie«j  K.* 

/*,  C.  /.  They  are  not  read  as  if  proved,  the 
lud  is  not  proved,  but  as  papers  found  on  him. 

I  8oi»  Gen.  In  my  lord  IVtston'i  case,  his 
1i»rdslilp  was  taken  in  the  bold  of  a  ship  Iving 
upon  the  ballast,  and  Ashton  there  near  liim, 
and  between  his  lordship  and  Ai»bton  was  found 
lying  also  u^ion  the  halliist,  a  packet  of  papers 
\\^  -r^:  ^  hton  t:natched  up,  and  put  into  his 
J  1 1  vv h e iicf  ill ey  wc re | inseot ly  taken; 

iUi-   ,.,.,,  u  hich  appeared  to  he  my  lord  tVes* 

biotrs,  when  he  was  spcictary  of  state,  were 
Ibimd  lying  near  to  the  papers.  Upon  this 
^roof  Inose   papers   wet«   read  as  evidence 


Trial  of  Chrutopher  Layr^ 


[SIS 


against  my  lt>rd  Preaton^  witlmal  any  proof 
made  of  tneir  being  bis  band  «^lang,  m  order 
to  tbe  reading  of  them. 

BIr.  Hungerford*  My  k>rd  Prest-ju  was  I 
on  board  a  ship  going  to  F  «  in  i 

with  England,  these  papers  ^  i  m{ 

bosom  of  Mr,  Asbtoo,  who  was  gning  wiib  bj| 
my  lord  endeavoured,  so  far  as  be 
throw  them  over-4>oard:    Tbe     "       _^^ 
turn  upon  tbe  papers  being  writ  bjf  fl^H 
Preston,  or  not ;  in  my  lord  Preston's  cSSSf 
papers  contaiDe»d  a  diiicovery  of  tbe 
of  the  fleet  and    garriaons  of  EngltBii 
France,  in  order  to  enable  France  tof8«aile  nsj 
it  signified  notbinff  who  writ  the 
crime    was    ibe   ljaviu|^  ibfm,  ki 
ctioicuts  f>f  (hem,  and  endearouriog 
them  to  France,  so  tlie  circuii^tancai  of  my 
lord  Preston  widel  v  diifer  from  ibia. 

Mr.  KeUlbey.  I  he^  leave  to  meatioo 
ther  thing,  there  the  papers  were  fouod  in 
custofty  of  my  lord  Preston  ;  herif  ihvy 
found  m  the  custody  of  a  third  person^  v 
evidence  we  shall  controvert  by  a  numljer  of 
witnesses,  w  hen  it  comes  lo  our  turn.  1  be* 
lie  ve  it  will  appear  that  some  of  the  papers  wera 
found  on  the  table  in  my  lord  Presto n*s  caaCt, 
and  others  taken  out  of  bis  pocket.  — 

Sol.  Gefi*  No^  they  were  first  found  1] 
on  the  ballast. 

Mr.  Ketdhty.   What  were  found  on  Af 
and  liken  out  of  bid  bosom,  were  seen  1;^ 
on  the  ballast ;     but  there  were  otber  }n| 
icized  at  that  time. 

SoL  Gen,  Tlicy  were  the  same  papers 
were  afUrwards  taken  out  of  Ashton*s  ' 
which  w?reread  as  oviilence  against  my  lonl 
Preston  upon  the  circumstances  I  have  men* 
iioned. 

Mr*  KtUtbty.  As  I  remember,  some  of  tbea 
werti  found  on  the  table  in  the  cabin. 

Just.  Eyrt,  ^io,  the^^  were  on  the  ballaat  Ja 
the  hold  of  the  ship. 

X.  C,  J.  You  say  that  they  were  found  in 
lord  Preston^s  po^  ess  ion,  and  iKit  in  the 
session  of  Ashton ;     you  say  my  lord  Pi 
bad  no  counsel,  but  you  know  ii  is  the 
the  Court  not  to  sutTer  auy  tbiug  to  be 
evidence  thai  ouglu  not.     You  say  yi 
controvert  this  matter,  and  give  an  answer  to  il, 
^md  thntit  appears  they  \iere  not  in  his  cuj 
they  were  taken  out  «f  this  witnesses  c< 
and  under  \\\^  seal,  aud  thei-efore  the  diffei 
it  makes  i«»  nothing  at  all.      Besides,  the  pi 

in  my  lord  Preston's  case  is  not  so  stnnig'^ 

the  proof  of  the  scheme  against  the  piisonefi 
because  the  scheme  is  proved  to  he  his  own 
hand  \vriting,  v^litch  was  not  in  tbe  caie  of  my 
lort)  Pieston. 

Mr.  Ktteibetf.  3Iy  lord,  will  not  your  lord' 
ship  think  it  necessary  lliat  they  give  further 
evidence  that  they  are  his  papers  betore  tl 
are  read  ? 

L.  C.  J,  riead  tliem. 

Ci.  qffheCr.    ^*  I  acknowledge  to  have  t«^ 
ceived,"  ^c.  h«re  are  ten  of  ibem,  that  are 
same. 


ffIS] 


for  Hi^h  Treamn* 


A,l>.  1722. 


fSI4 


6crj«  Ptngeliif,  Mr.  Sfanyfto^  ^o  yon  re- 
••iBl«tr  «»li«ther  uny  r|iii*HtiotiK  were  a&ked  him 
rilli  rdflliofi  tfi  ihci&e  rtf^eipi  ,.> 

til.  Wliat  I  recollect  is  this:  upon  ilie 

J  Mr.  l*aytT  ibf  tneaijiutf  of  tho^e 

rmtiett  by  Ihe  PrelftwIiT,  ami  vUiat  iis^ 

iortbero,  be  said,  ^*  that  fKirmirtlietime 

tn««i  At  Rome,  he  hnii  ftetiled  a  corresprMi- 

4mim  vitit  sir  Willmm  EHi^  nnd  some  litiie 

whrnwrnim  be  writ  to  sir  Willi»Ei^  EWm  acciiril- 

la^  l»  flie  clMt-cljoiis  be  (pive  Umu  axid  lie  told 

luiiWAf  Itc  could  send  any  recei|>l»  sigucd   by 

lifywty,  or  the  kioff,  as  lie  called  him,  bV 

Him^  motir y  mi(;bt  oe  rai8e«l  iipoo  lljem  for 

flnyjo^  iio  the  caiij»e,^*  these  were  tbe  \^  ord^> 

aiMarct  I  ran  remcmher. 

Jlir  ''  -       ^Tr,  Delalaye,  «a^  you  b\  ? 

Mt  It  was  for  mibitit;  rn'^iipy  ^^ 

firn  v'fj   i.i^  oause,    you   iiieati  &ir  Willmiu 

tMit  e»v*e  f-^S/anvan.  No,  Sir. 

Nt  iittn^ctjh/d.  He  ucknovvledj^d  to  bave 
f«0fi4  ttnem  from  sir  WiUmn)  Elbsf 

SUnvnn.    Yes. 

Mr  Vou  saiil  he  owned  be  bail  tbem 

ftni  V  lu  Etlis,  havings  fiptllt'd  a  corres- 

■HiliDti  wtlit  Uinit  that  money  might  he  raised 
M  tbckv  to  carrv  oil  \m  cause;  he  told  you  be 
U  tMrnusM  10 ^Q  for  sh  Wiiham  EHis  ? 

fifiiip^«si.  No.  1  know  notbiog^  of  sir  Wjl- 
fijin  r  ^  '  ic^ess,  bul  that  he  had  appoitited 
li  <U)  ith   itirWdlinm   Ellis,  and  sir 

ii\  c^jnH  i;r'^v^  tiitu  bis  address  how  to  di> 
t  biin,  «iid  he  acknowb^Iged  to  bave  re- 
I  a  letter  or  tetleni  from  »ir  William  Ellis, 
m  Miut:  of  ^ones,  and  that  be  writ  to  hitn 
s*^*"-  *f^  th**m,  * 

[r  A  re  you  sure  as  to  those  words, 

Qii  MurpoTi  of  tliem  ? 

St^tyan.    I  thitik  tbey  are  near  the  words, 
bwi.  I  till  sure  Ibev  are  tbe  ]iur)iort  of  tbem. 
Mr,  Ktttihey^  Was  it  reduced  into  wrilinir  ? 
Simnytin.  It  was  reduced  into  writing  in  this 
■ttuoer*      It  was  a  fery  lon^  examination, 
iloal  foor  or  Bve  hours. 

Mr.  Ktieihey,  1  ask  you,  whether  it  was  re- 
kaeei  itito  writiog^f 

Sitn^n,    Yes,  it  was ;  the  lonls  sent  to  me 
toaflial  Mr-  Delafaye,  upon  Mr.  Layer'b  bebg 
auDMied  i  Mr«  Detafaye  took  the  heads  of  the 
i  prupouodei) :  and  I  sat  near  tbe  table, 
Qfer    Mr.  Delafaye ;    attended   to  the 
and   answers;    so  that  we  ooold  set 
I  aiMlther  right  wbeo  we  came  to  coniiider 

Ir.  Kcuihe^.  Tbia  you  wrote,  was  it  read 
rif>  the  prisoner?' — Stanyan,  N<j» 
Hr.  hciciUy,  Do  you  be  tie  re  tbe  priBrmer  at 
"""  you  write? 

.  Yes,  I  bebefebesawus  write. 
Ir.  iCetelifey.  Do  you  beheire  be  thoug^bt 
ttj  |»c-r%ofi  was  ukins^  his  confession  in  writ- 
rngt'-^Sianuati.  t  think  it  cannot  be  otherwise. 
Ilr.  Keiethey.  I  ask  you,  do  you  bebevethat 
Ur.  La^er  knew  that  you  was  taking  his  cod- 
i^i^Bfiat  that  time? 

Simmjf^n*  Tbe  lords  spoke  thus ;  Pray,  take 
Mtke,  anil  tbeo  take  dowQ  sucb  a  tbiog,  and 


I  such  a  thintf ;  ami  T  believe  ftlr.  Layer  heard 
Ibem  savi  Take  down  that,  ^ind  take  down  tbtt, 

!Vf  r.  ^ttcthcy.  WnA  it  e?er  known  for  ont-  to 
lake  dnwn  the  questions,  and  the  other  the  an- 
swers; and  ihpn  to  compare  tbem  together,  in 
order  to  make  a  confession  ? 

St  any  an.  No ;  Mr,  Delafaye  wrote  down 
tbe  4|uestions  and  answers. 

Mr,  Uungerford.  How  was  the  position  of 
Mr.  Layer,  wii'li  respect  to  you ;  was  your  back 
orftice  towards  him  ? 

Stc^iiytiH,    tt  was  on  one  side. 

Mr  Hungtrford.  Was  you  in  the  room  when 
Mr.  Layer  came  in  tirst  ?' 

Sianyan.  I  wfts,  I  called  on  Mr.  Layer  by  tbe 
lords'  order. 

Mr.  Jluti^terford.  Was  it  ever  read  to  bim  ? 
-  Sianoan.   No. 

Mr.  Hungct/ord,  Was  it  drawn  np  in  form, 
so  tljftt  you  inrght  call  It  an  examination  ? 

Slufiyan.  I  will  ttM  you  what  we  imder«ilooil 
by  it ;  it  was  the  minutes  of  an  exammatioii  to 
be  drawn  out  in  form :  but  the  lords  finding 
Mr.  Layer  not  so  candid  and  ingenuous  as  they 
thought  he  would  hare  been,  did  not  ask  huii 
to  sign  it ;  ai^il  we  only  make  use  of  it  to  te* 
fresh  our  memorie!». 

Mr.  Ketrthey^  If e  calls  it  an  examination, 
and  it  appears  by  what  Mr.  Stnuyau  saitii,  ibat 
be  and  Mr.  Detafaye  took  it ;  onet^ke^ont 
part,  and  the  other  takes  another  part. 

Soi,  Gen.   He  did  not  say  any  such  thing, 

Mr,  KeUii^y.  Hii  confession  was  in^fer 
read  over  to  bim. 

SoL  Gen.  Mr.  Slanyan,  when  tiie  lords 
directed  Mr.  Delafaye  and  you  to  write  this  or 
that  particular  thing,  was  the  prisnnei  so  near 
that  in  your  apprehension  be  might  bear  their 
lordships  give  such  directions  ? 

St  any  an.   Yes^  he  was, 

Mr.  Hungerfvrd.  Sure  tbey  are  not  contend- 
ing, that  any  confession  should  affect  a  man^  un- 
less it  was  read  to  bim ,  and  it  ought  to  he  signed 
by  him  ;  my  lord,  the  man  ts  no  way  answerabtsT 
for  an)' thing  taken  in  writing,  without  bis  con- 
sent or  privity,  in  a  criminal  case :  it  is  called 
minutes,  or  an  examination,  which  tbey  migbl 
enlarge  a?i  they  please ;  therefore  we  humbly 
submit  it  to  your  lordship,  whether  it  ought  t9 
be  offered  in  evidence  at  all  as  a  confession. 

Mr.  Kctelhcy.  What  w  ill  be  tbe  canse^uence, 
if  tills  be  allowed  here?  Is  a  person  to  be  con- 
victed of  treaion  upon  a  confession  taken,  with* 
out  its  being  read  to  btm,  and  %vitbout  his  sign- 
ing it  ?  A  coufession  to  a  justice  of  peace  in 
cases  of  felony,  unless  read  to  the  party,  aiul 
signed  by  him,  must  not  be  given  in  evidence. 

Ir.  C.  "J.  Mr,  Ketelbey ,  you  seem  to  mistak* 
what  it  ii  that  is  contended  for  by  the  king's 
counsel :  they  are  not  goin^  to  offer  any  thing 
to  be  read  in  evidence ;  your  object  ion  would 
prevail,  if  tbey  were  a  going  to  read  a  confes- 
sion  as  evidence,  which  was  neither  read  to 
him,  nor  signed  by  bim  ;  but  if  there  is  no  exa- 
mination reduced  into  writinfiTt  and  signed  by 
the  party,  tbe  consequence  of  that  is,  that  Ihe 
witness  is  at  liberty  to  give  an  account  of  wbal 


I 

■ 
■ 


I 

t 


J 15]  0  GEORGE  1. 

was  said  I  and  be  may  look  to  his  D^tes  to  re- 
fresh his  memory  :  it'  you  will  siy,  it  is  uot  so 
great  au  eviilence,  of  so  ^reat  \vetght«  as  an 
examination  taken,  and  tiigned  by  the  party, 
there  its  some  room  left,  some  foundation  ca 
ail  n  pose  the  evidence  may  he  mtstakeo. 

He  asya»  he  was  examined  l>efore  the  lords 
of  the  council ;  and  he  took  minutes  of  hia  exa* 
tniuatioD :  and  atierirarda  lo  refresh  himself, 
be  looks  upon  them  and  aays^  he  heJieves  that 
ti  the  substance  of  what  he  conj^ssed  at  that 
lime.  You  say,  there  is  no  precedent  for  it ; 
for  God^B  sake  !  recoil ect  yourself,  it  is  every 
day  done  at  the  Old  Bailey  :  if  a  person  con- 
feBsetl),  and  it  he  not  in  writing,  they  do  prove 
bis  conft^ssion,  viva  voce, 

SoL  Qdn,  My  lord,  Coleman's  case,  which 
was  during  the  time  tlmt  sir  William  Jones  waa 
sttOFoey  f^enerat,  went  further  than  this:  there 
his  letters  were  laid  in  the  indtctroent,  as  the 
^ery  overt  act  of  the  liig^h  treason  charged 
a^siM^t  him  ;  and  yet  one  of  those  letters  wa« 
nrored  hy  hi^  confession^  u|H)u  an  examination 
before  a  committee  of  the  Houie  of  I^rds  $  and 
that  confession  was  proved,  viva  voce^  by  sir 
Philip  Ltoyd. 

Mr.  Keulbeif.  Whether  that  case  will  be  a 
prt'oedeni  f  1  never  beard  it  so  reckone4l. 

Mr.  Hungerfard,  And  1  ho[te  it  will  never 
lie  one, 

Mr.  Delufa^t  sworn. 

8erj,  Che%kirt.  Mr.  Delatave,  pray  give  an 
account  what  Mr.  Layer  declared  before  the 
lords  of  the  council  concerning'  these  receipts. 

jyclujayt,  The  account  he  jjave 

L.  C,J,  Mr.  Delafaye,  yon  was  present  at 
Ihe  time  of  taking:  this  examination  ;  you  say 
you  took  minute:*  in  writinjp;'  ^  you  have  told  us 
the  reason  why  it  was  not  in  form,  and  read  to 
Mr,  Layer:  if  you  have  not  already  done  it, 
you  may  look  to  your  minutes,  and  refresh 
your  memory  ;  ihut  which  the  Court  demands 
df  you  is,  what  Mr.  Layer  did  c^infess  ut  ihe 
time  of  his  •xamiuatioQ  before  the  lords  of  the 
council. 

Delafaye.  He  told  the  lords,  that  he  did 
write  to  sir  William  ElUa,  that  he  would  send 
over  some  blank  roc^ipta  under  the  king's  own 
band,  that  might  be  made  use  of,  tor  the  carry- 
ing on  this  cause :  that  he  did  receive  such  re- 
ceipts, and  his  intention  was  to  have  tried  his 
friends,  and  to  have  raised  money  am  those  re* 
oetpts. 

8i»rj.  Chtmhirt.  Did  he  give  any  reason  why 
bf  wifnt  into  that  method  ? 

Dfitifaye,  For  a  precedent,  he  said,  a  little 
before  the  restoration  of  king  Charles  3,  a  me  - 
thoil  of  this  kind  had  been  used. 

Jtt,  Gen,  iVIy  lord,  weshnll  now  proceed  ta 
read  the  letters  ihat  were  sent  and  pasted  be- 
tween tbem^sir  William  Ellis  and  Mr  Layer: 
biii  ti  will  be  proper  first  to  lay  before  you  the 
cyplicfrs  which  they  made  use  of  to  explain  se- 
vermi  cant  words  and  expressions,  which  they 
used  in  their  I  tetters. 

L*  C.  X  Were  the  cyphers  found  among 
Hr*L«jer'spftpciif 


Trial  qf  Christopher  Letter f 


[S16 


a  great  deal  of  pH 


Alt.  Gen,  Yes,  my  lord, 
Serj.  Cluihire,  Pray  lead  N».  38* 
AH,Gttu  I  dcm't  know  whether  we 
trouble  your  lordship  to  read  the  whole  cypbcr; 
it  is  very  long  ;  but  %vhen  %ve  meet  with  a  word 
in  the  letters  wfiicli  wants  ex|danaiio<k*  we  may 
have  recourse  to  tht;  cypher*     Read  the  Idler 

CL  qf  the  Cr.  reads.    This  letter  b  i 
Eustace  Jones,  &c. 

"Dear  Sir; 

**  I  received  with 
and  satistaction,  a  letter 'of  the  2irh  < 
her,  from  my  worthy  friend,  wttli  all  i 
of  \m  safe  arrival,  of  which  I  uaii  in  some 
dtiubt  before,  and  in  no  small  psun  oo  that  ac- 
count:  I  easily  conceive  he  must  tjf^cdi  liiv« 
had  a  great  deal  of  business  on  his  retitm,  as 
well  of  hh  uncle's  as  of  his  own  ;  and  there- 
tore,  I  don't  think  mucti  th.it  1  tic^nl  m 
sooner  from  bim,  believing  he  wa?«  much  bMlir 
employ^t  ^nd  that  busioets  b  to  be  preiWi^ 
before  comphment. 

♦*  I  was  entirely  of  his  opinion  as  to  the  me* 
thod  of  carrying  on  the  maniifiietoiy  ;  the  pro^ 
curinq;:  of  f^ood  workmen,  is  the  first  step  to  be 
made,  and  if  he  can  get  such,  the  rest  will  he 
easy  ;  and  particularly  if  be  could  giitn  9oin€ 
of  the  ablest  of  Mn&.  Barbara  Smith's,  1  knofr 
it  would  be  very  agreeable  to  all  conceroed* 
and  particularly  to  Mr,  Atkins,  to  whom  bi 
spoke  of  writing;  and  which,  I  am  sattslled, 
will  be  very  acceptalde  i  and  if  he  thinks  fit  lo 
inclojie  it  to  me,  I  shall  convey  it  safety  to  hji 
hands,  w  ho,  I  find,  was  very  gliii  to  bear  of 
him,  counrs  ?t;ry  much  upon  his  frieiidslii|r, 
and  hopes  for  the  coutiouancc  of  if. 

"  I  made  his  compliments  to  Mr  T;f..«»«t^* 
Watson ^B  wite,  who  t<Kjk  them  ver>  I  t 

returns  hers,  with  her  most  homtk  :_:_,-, 
She  and  her  charge  are  very  we(l»  Oi»i  he 
praised,  as  are  alio  all  friends  here. 

*^  He  having  read  uver  several  tinirt  the 
paper  1  shewed  him,  and  having  a  gtood  fite- 
mory,  1  dou*t  think  it  necessary  to  tend  %  i 
of  it. 

**  I  am  with  great  esteem  and  respect, 
most  entirely,  dear  8ir,  your  mftst  atfectiontli 
most  humble,  and  most  ol^edieut  servant, 

**  El'stace  JoTMtt,*" 
*'  January  30ih.     For  James  Foun- 
taine,  ^W{,  lo  be  leJt  at   HowelPt 
cotlee- house,  to  Great  Witd-sltvet, 
London.*' 

Att,Gen,     Your  lonkliip  is  pleased 
member,  Mr.  Stanysn  satd;  that  sir  Will 
£lli.*«  was  to  write  by  the  name  of  Jiiiitaa* 

Stan^^an,     My  lord,  he  did  suy,  that  he  I 
received  a  letter  since  he  had  i^etlled  a  cu 
jHindence  with  sir  VVthtam  Ellis  subsciribcd  I 
the  name  of  Jones* 

AtL  Gen.  la  the  cypher  air  William  Ellis  m 
calle^l  Jones, 

CI  of  the  Cr,  reads.  This  letter  is  signed 
Eustace  Jones,  dated  GOtb  Januaryi  no  yeftr, 
*«  De^  ^^  1  ttoeivedt"  ^c. 


i 


Jqy  High  Trtti^tmm\ 

Your  lanJsbip  will  be  pleased  to 
\  «X|M^MstonA  iti  ibU  leiier,  the  |iro- 
Ffvod  worktDefi :  now  look  in  the  cy- 
\  •  ttdUlicr^*  are  meaut  by  *  workmen  / 
ry*  MiiDijt)  ibe  cyjiliera;  bui  I 
Uir  whftt  tiijitiutkctory  tbev  wanted 
^  to  r*i%e  %  n  bell  ion*  ^he  ablest 
rfi«ra  Hmub's;  look  tor  <ai  my*  in 
soil  you  tvtll  Bnd,  that  is  siguiiietl 
It  vvUl  be  %ciy  acceptable  to  all 
'  : ii  !,irly  to  Ml.  Alkiuit ;  in 
rreteniler.*  Compti- 
l.iii.fiu^  Watson's  wife;  look 
plicr«,  null  *  Timothy  '  stands  for 
wlii*»e  wile  is  nurse  to  the  Pre- 
Tbift  letter  id  directed  for  James 
**4^.  to  be  left  ut  Howell's  coflfee- 
Vdi|.5U-eet;  nud  1  obser?e, 
the  prifitmer  %vei}t  by  the 
Nil.  \%  sre  six  ficliuous 
V  to  them:  Read  it. 
l^fAc  CV«  uads  No.  lU. 

*  Digby Dillon. 

Urrrry Burtbni, 

Ri^nt-  Steel » 

I      f«— ^— Tannen* 

.:^^.  WngglU 

Uogcro—piunkett," 
,'Of».    Hriid  the  letter  No.  40, 
f/  jdi,    Hi^edN*adaledthe 

rrr'TiH  wIlU    all  possible  mitisl'jictian 
D»-  i:*telHier  of  mh  May,  with 

*^v  I    was  prenentty  deliveretl  to 

^  bu  took  it  extrcTiii*  kindly  ;  but 
^  uiidiT&t^nd  wlMit  relates  to  Mr. 
n      :  ntir  answer  to  what  I 

^Ur  .  last  mofitbf  may  soon 

t  iiii¥e  lieen,  by  what  t  then 
•ritier  CJitne  sate  to  liis  baiMls, 
„..>^  ..)   your  not  having-  bud  a  dis- 
•f   Ift  It :    he  liad  the  diiK^kinsjs  yoa 
.11.  arid  returns  vtHiinnny  thanks* tor 
itl  other  marks  of  your  af- 
■\  for  him  and  bis,  and  triU 
\^*i  thereof  on  all  occa- 
i  expectation  of  heariDj^ 
•  li,  i&iid  am,  with  all  possible 
ITI,  tJciir  Sir,  your  most  faiiti- 
.lant,  N.C/* 

'»  e?M|.  to  be 
,  roH'ee*  house,  in 
<'et,  Lmdon,** 
?rx  UKiriithat  N.C.F 
,  Ci£^   A^ J  ^^^t^%  we  do  not  know^  tt  is 
I  Wmmimmu  «iq«  Mr.  8i.  JoHn 

1tr«  B«diit4  ftpy^eart  to  atoftd  for 
I  CVss^  in  tlio  iilllfl  C7pl««T. 
iiiMiii«gr^«^  Li>#kiiit«ifc.pajieni>pray, 

KjtmI  iImb  ii£iirr  N«.  41. 

r  CV    This  is  dat«d  thi*  STth  May,  it 
MJMniVf  isordtr«(rt«d  t4»  any  bcidy  ; 


^^^ A-  D.  1722.  [218 

'*  Dear  Sir  ;  Mfly  St. 

"  I  receii  ed  wttb  ■  great  deal  of  pteasuret 
tbefaFourof  your  nio«»t  oblig^ing-  letter  of  2^d 
March,  with  an  inclo'ied  for  our  friend,  iiho 
was  \^T^  [^iad  to  bear  from  ^'ou  \  anil  is  ferjr 
sensible  of,  and  lakes  very  kindly  the  care  you 
lake  of  bis  lutle  concern  there ;  but  aaya,  be 
doth  not  sufficteotty  understand  the  state  you 
sent,  so  as  to  be  able  to  make  a  particular  ao- 
swer,  till  you  Khali  furlher  explain  it ;  there 
being  some  tenauis^  mentioned  by  you,  whose 
names  be  dfies  not  liud  in  the  reutai,  as  Bur- 
ford,  8teel,  Dij(bv,  tbe  little  soldier,  and  SioH 
moadii;  the  latter,  be  beUevcs  should  hm 
Simmes,  be  is  of  the  North,  a  grey  haired 
ancient  man,  whom  he  very  \tell  remembers^ 
and  bas  a  particular  esit-«m  and  value  for,  as  • 
very  g;^oi>d  tenant,  and  a  very  honest  man. 

''  All  friends  here  are  in  perfect  good  bealtliy 
God    be   thanked,  and  remember   tbemteUe*  ' 
kindly  to  you,  and  1  am  most  entirely, 

'*  Youn,  &c.»' 

Sol.  Gen,  If  you  look  into  the  cypher  yoii 
will  tind  lieui&l  stands  as  tbe  fictitious  name  lor 
the  cypher  itself;  Burf Jrd  stands  for  tbe  lard  Or- 
rery ,^Steel  Ibr  the  Regent,  and  Digbv  for  general^  | 
Dillon.  Sim mona,  be  believes  should  be  Sim mes, 
butSin^monds  in  tbe  large  cypher  is  put  for  lord 
North  and  Grey,  and  who  is  meant,  apjiears 
pretty  plain  from  tbe  cant  which  follows.  ''  lie 
IS  of  tbe  North,  a  grey  haired  ancient  man, 
whom  be  well  renieniberii,  and  bath  a  particular 
esteem  and  value  tor,  as  a  very  good  tenant, 
and  a  very  bonsat  man.** 

Att.  Gen,  Look  for  Simmons  in  the  cypKer, 

Mr.  Hungerford,  I  can  make  one  observa* 
tioii,  that  Mr,  Harcourl  is  very  ready  at* 

CL  qf  ike  Cr,    It  is  alpbabeted,  so  that  it  b  ^ 
m^y  to  look  for  it.  i 

L.  C.  X  What  use  do  yoii  make  of  tbea^ 
letters? 

Sol,  Gen.  The  use  we  make  of  tbem  is  t^i  { 
shew  that  Mr.  Layer,  who  took  on  bim  tbe  \ 
sham-name  of  Founiaine,  by  wbieb  iiRinesc 
of  these  letters  are  addressed,  had  a  correspoii-i  ] 
dence  with  the  friends  of  ibe  TVetender  it' 
Home.  Tbai  this  corr^i^ndeDce  related  to  i 
coni^piracy,  wbicb  Has  fanDedand  carrying  oa  ' 
bert; ;  and  it  appears,  they  look  upon  ilu  in  \% 
mention  Aeveral  persons  of  distinctiim  under  % 
ktQ4l  of  jargon. 

Ait.  Gen,  The  first  letter  wherein  is  men*  I 
lioiied  tbe  carry ini^  on  the  manufactory,  the  I 
procuring  good  workmen,  and  particularly,  if  J 
he  could  gain  some  of  the  ablest  of  Mrs.  Barw  j 
bam  Smith  s,  and  that  it  would  be  very  agre#» 
able  to  all  concerned,  and  particulat  ly  to  Mr« 
AikhiH,  which  istlie  iwime  for  the  Pretender  |  j 
ahevrSftlmt  tbe  ngentsof  tlieprelender  nt  Uomayj 
iMbd  laid  desigiia  u  procure  s«4dters,  and  tbo&e^  j 
if  pOMolhle,  out  «4'  bisoti^ie<sty's  lr«>op«;  which  ( 
lalis  ill  wilb  the  e%iden('e  we  have  given  of  tbsJ 
prijiuuer*s  endeavours  to  get  aokliers  aad  ser 
jeaMts  oifl  of  tlH;  aroiy. 

Serj.  CkeMre,    it   mhj  aot  be  iaapreper, ' 
siuce  we  have  explained  itp  to  lay  belore  ycm 


S19J 


9  GEORGE  I. 


Trial  c/ Christopher  La^er^ 


[220 


the  list  of  several  |»erson8'  names  that  are  in 
the  ami}*.  Pray  read  No.  7,  oul  of  ihe  large 
4>ari<llc. 

CL  of  (he  Cr.  reads  fi  List  of  oflicen:,  names 
Willi  marks  iiml  numUns  tu  some  of*  them 

Att.  Gtn,  We  tliit  tnenlion  before  that  there 
were  ihe  n antes  of  »e?eral  j»ersor»8  of  fery 
great  bttnouraitd  loyalty  to  his  ninjcsty  ia  some 
nf  tbehst^;  but  this  is'  to  shevr,  that  tW  pri- 
soner was  consuUio^  how  he  niiijhi  gel  an  ac* 
count  of  the  aumber  of  the  lorces;  as  bow 
many  colonels^  how  mauy  captatos,  and  how 
'luaoy  soldiers  there  were  in  tlie  g^unrds  and 
0tlier  troops  of  his  majesty.  Bend  No,  5,  in 
the  hrge  bundle* 

Cl.qfihtCr,  reads  No.  5.  A  List  of  officers 
4)f  the  second ,  or  Coldstream  regititcnt  of  gnnrds. 

Ait,  Gen,  We  make  the  s;icne  use  of  itiis  to 
•shew,  that  he  was  searchio^  and  examiub^  tu 
get  an  account  of  the  guards. 

L*C.  J.  I  suppose  he  is  taking  a  surrey  of 
the  persons  thai  were  of  the  guards,  that  he 
inighi  be  capable  of  makint(  a  judgment. 

AU.  Gen.  Yes,  my  lord ;  and  to  know 
tbeir  strengib :  Look  out  No.  6,  in  die  large 
bundk;. 

CL  of  the  Cr,  reads  No.  6.  A  List  of  offi* 
cers  in  the  first  U<\*\\\  (»f  horse-grenadiers,  the 
names  being  distinguished  l)y  dilferent  letters. 
No,  7.  out  of  the  same  bundle,  A  fist,  &c.  here 
are  eleven  of  them  put  duwn. 

SoL  Ctn,  Read  No.  8»  in  the  large  boodle, 

CI.  ofiheCr.  rtadft  No.  8,  A  List,  cSrc. 

Alt,  Gen.  Yoiw  lordship  will  obscfve,  that 
I  this  ii  a  list  of  some  persons*  names,  and  the 
tiumbers  of  horses  and  men  they  were  to 
,  jirovide. 

X.  C*  J.  You  Hill  have  this  to  import  an  ac- 
count af  what  quotas  ae? eral  persons  were  to 
find. 

4'^  Gen,  The  last  was  read  for  thai  purpose : 
Bead  No.  15,  in  the  large  bundle. 

Cl>  of  the  Cr,  reads  No.  15,  containing 
dtfers  nameSf  with  numbers  set  against  some  of 
Ihem. 

Seij.  Ptngell*/,  Read  No.  20,  SI,  29,  83,  and 
S4,in  the  large  bundle. 

CL  of  ihe  Cr.  reads  No.  30»  containing  a 
list  of  the  great  officers  of  the  Tower,  No.  2 1, 
«ontaiuing  names  of  ofticers  of  the  second 
troop  of  horse -giiards,  second  troop  of  horse- 
frrenadiers,  and  ibuiib- troop  of  honie-guards. 
No.  2!it,  containing  a  list  of  names.  No.  2:i, 
containing  names  of  officers  of  the  first,  second, 
third  and  fourth  troops  of  guards.  No.  24, 
containing  the  names  of  two  officers  of  the 
borse- guards. 

Ait.  Gen,  Ijook  upon  that  list,  No.  21,  whe- 
ther there  are  not  some  private  marks  u^mn  it. 

CL  of  the  Cr,  Yes,  here  is  upon  one  of  them 
m  dot,  and  on  the  other  side  there  is  a  dot ;  and 

two  or  three  places  some  men  marked  and 
^«roii8ed. 

Serj.  Cheihhe,  Read  No,  «5. 

CL  of  the  Cr,  read?*  So.  25,  containing  a 
'  list  of  officers,  five  of  thtin  marked  to  be  *'  not 
bad/ 


ftfr.  Reeifie,    Are  the  words  *  not  bad*  of  tha 
same  hand-writing  f 

CL  of  the  Cr,  Yes,  it  doth  appear  to  me  l« 

be  so. 

Hjrj.  Penget/y,  Read  tbc'tille  of  No.  22.  J 

CL  »fthe  Cr,  Here  arc  a  great  tnany  ] 
pleV  names,  with  murks  tipoo  same,  aud  t 
upon  others :  upou  one  of  them  is  writ*! 
"  liain  Johnson,  to  he  gained.* 

8erj.  I*cnfidhj.  Read  No.  ^T^ 

CI,  of  the  Cr,  reads,  A  List  of  the  i 
men  I  of  guards ;    against  sereral 
names  are  dot^  and  mai  ks. 

8erj.  Pengctiy.  Re:ul  No.  ^^    . 

CL  of  the  Cr'  read's,  A  Lbt  of  the  i 
the  Coldstream  regiitic  iit  of  guards  ;  and  a  Lilt 
of  the  officers  of  the  Scotch  guards. 

&»/.  Gen.  Read  No,  :^5- 

CL  of  the  Cr,  reads  S^,  35.     A  Paper. 
tain  in  g  ati  account  of  the  numbers  ol  the  ^ 
cers  and  soldiers  in  the  first,  second,  and  l' 
regiment  of  loot  guards. 

Strj.  Pengdly.  My  lord,  we  be^  le 
ask  JVIr.  Deiafaye  and  hit,  Siaograo  in 
three  questions,  to  support  the  evtdi 
Mr.  Lynch  and  Mr.  Plunkett,  in  rela 
some  particular  facts ;  whether  at  the  tin 
the  examiniition  of  Mr-  Layer  belore  the  I 
of  the  council,  any  thing  was  said    of 
Layer's  being  at  Rome  ? 

Mr  HuHgtrfard,   With  humble  aoboii] 
Mr,  Laytr*s  being  at  Roaie,  and  correaponj 
with  the  Preteuder,  (if  he  did  so)  is  made 
son  by  another  act  of  pmliumf nl,  not  by 
act  of  parliuinent  upon  \i/hich  he  is  indio 
iherefore,  whether  he  was  himself  at  Romd 
corresponded   vrith  the   Pretender,  canii 
ofTered  as  an  evidence  of  high  treason  up4Mi4 
indiclmenL 

8erj.  Pen^dly,  Tt  is  only  to  shew  tb€  ] 
babihiy  nfhis  receiving  those  receipts. 

Mn  KeieUey    Since  we  did  not  know  t 
thing  of  those  papers,  we  could  not  prop 
make  our    exceptions  against  thetu,   till 
heard  them  read;  and  now,  if  ihey  proved 
thing,  it  rs  the  liolding  correspondence  witf 
Pidiender :  but  that  relates  to  another  lat 
of  parliament ;  it  is  another  species  of  tre 
and  the  evidence  wbicU  they  would  ^t 
confessiuu,  viva  voce  ;  they  say,  it  m\ 
6U|)[iort  these  papers  that  are  read  ; 
make  any  objection  to  a  paper  which  wfil 
know  nothing  of?     1  believe  few  in  the  r 
know  what  the  meaning  of  these  papers  I 
now  they  are  read  ;  for  my  part,  I  know 
little  of  them  ;  we  apprehend^  that  Inste 
being   allowml   to   support   this  evidence,  I 
proving  a  foreign  correspondence  between 
Liver  and  the  Pretender,  by  the  name  of  ] 
James,  which  is  made  treason  by  a  pafli< 
act  of  parbimient ;  Ibey  ou!>ht  rather  to 
mdictetl  lum  upon  that,  than   endeavour 
support  their  defective  proof  by  giving  eviid« 
of  an  oAence,  which  may  be  matter  of  anoi! 
eni|uiry. 

Attn  Gen.    My  lord,  we  apprehend  a  proof, 
tliai  the  prisoner  was  at  Rome^  and  bao  c 


ei^ 


1^ 


Jot  Hi;;h  Treaim* 

I  Pretender t  will  be  very  pm*  i 
ie,  and  explain  I  he  Mvi^u-rrf^  | 
vep  hy  the  witnes^^' 
amt  Vir  Wilhaiii  La     -  ..■ - 
^naac^er  ;  and  for  tbose  porposes  we 
mm  9f  it. 

Though  we  apprf  bead  we  have 
9  ttxtrenwly  strong  ali'eady^  yet 
hmm  heeti  opeued  m^y  be  ofTeretl  by 
coaEmiAtian :  notwithstamlin^ 
wbicfa  IB  made,  that  we  are  at- 
e  €f  idenee  of  another  kind  ot' 
[|<^ed  i»i  \hM  indictment,  vet  we 
Ui«t  it  is  proptj-  here,  as  cjrcum- 
uf  tlj€  treason  which  is  alleged, 
a  conspiisry  enl^red  into  bc- 
fftiitleman  mul  taiivr^,  to  bring  in 
kreiirr,  and  levy  war  for  tbnt  purpose  ^ 
1^  iftolea  aiirnc'l  innip^  T^  iitiwh  he  re- 
101  sir  Wii  at  the 

r'»««)tirL      N  ing,  hy 

ibat  tlie  piDioni^r  was  actuaJly  at 
iBtl  liaid  pc*r«onai  conferences  with  the 
r  biaifteU';  tUat^  surely,  must  be  ad* 
W  m  luaterial  eircuui&tance  to  support 
nf  iJince  other  facts,  Hje^f  leave  to 
M  it  haa  been  held,  even  since  the  stat. 
r  ^ctfi  of  high  treason,  not  laid  in 

may  be  given  in  evidence,  if 
iTicti  ic»  the  proof  of  some  oven  act 
tbvre  laid. 

C^cmMtc,    We  apprehend  your  lord- 

twieive  evidence  of  the  same  kind  of 

n  \i.s,  <  r  't*  Tr»..-  In  nrder  to  prove  the 

d  and  conspired 

, place  him  upon 

r  did  correapond  with  his  mi* 

^iiabebad  aocesa  to  the  i'l'etender  him- 

I  aai  he  did  own  it.     That  wc  iippr^hend 

J  a  ilap  higher,  somethin;^  further  than 

/badmitlMl;    and  if  it  t«  proper  e?i- 

^thrra  ia  oo  rctaoia  why  it  shouid  t)e  re- 

^^^^.^  It  b  Imef  we  have  not  indicted 
IwUlMaDfiabto  eorreapundeuce  ^ith  the 
p  Ibiercibre  they    object,  we  cannot 
"ear any  tuch  correapondeoce  upon 

■•a«  humbly  apprehend^  every  thing 

l^atn^anrtr  (hai  Hill  ^Ain  creilii  Ut 

l^  proper  evirleiice,    Jt 

tlint  a  ectuleuian  of 

» «4  lilt  U\r  Biiituld  enter  into  this 

'  deiigij^  which   \h  exprcasly  i^worn 

*o*ii»o  itiinciwe*,  whose  creilitthey 

J^^P^ii ;  therefore  we  humbly  otter 

*~  Bittal  evidence.     This  sjen- 

V  from  hi»  pi-ofes§ion,  hath 

rkiodty  ' 

'  «^i^aianidei  :> 

^^ JH'»Cf*^*t"f  irtii>isi.i.^r>  : 

*'»  I  e  cr^nht  to 

Jt     lia    ..    ^,.^i.   J*  ^otitive  ^it* 

^•**^  thiok  tl  proper,  and  sub* 

**^^  fi»  tui,  thty  art  not  g«- 


A.  D.  1722-  [2«2 

iii^  upon  an  evidence  of  a  new  overt  a«t  *if 
trea^ion  ;  the  ovcii  acts  are  ron^^ultingf  ad* 
viiiing,  and  a^jreeing  to  raiae  a  rcihellion. 

Mr*  Uun^trjotiL  I  humbly  beg  your  lord* 
ah in's  pardon. 

i,  C*  J»  If  von  will  not  hear  me,  you  will 
teach  me  not  to  hear  you, 

hlf,  Hungerford,  Sly  lord,  I  hope  we  have 
a  right  to  reply. 

Mr.  Wtit.  Upon  the  first  letter  of  sir  WiU 
haul  Eilis's  he  congratulates  him,  as  hia  friend, 
on  hia  safe  arrival. 

IVfr.  HungcrforcK  My  lord,  I  beg  your  lord* 
shin's  pardou ;  1  am  in\he  service  of  my  client* 
anj  in  endeavouring  to  do  him  service,  I  am 
verily  persuaded  1  shall  not  offend  your  lord- 
ship :  really,  for  my  part,  1  cannot  satisfy  my* 
self  that  the  evidence  which  they  tender  to  the 
Court  is  a  proper  cf  tdence. 

This  gentleman  is  indicted  upon  the  sta* 
tutc  de  l\oiiitionibus,  25  Kd.  3.  The  overt 
acts  laid  in  the  indictment  are,  his  coni; idling, 
conspiring  and  agreeiu'^  to  raise  a  rebellion, 
aod  to  levy  war  against  (he  king,  <^c. 

There  is  an  act  of  parlcunent  in  the  la^t  year 
of  king  William,  thereby  the  Pretender  m  at* 
tainted,  which  makes  corresponding  with  th# 
Pretender,  or  any  of  his  oilherenls  high  treason  ; 
and  when  any  man  commits  thai  particular 
treason,  he  ia  liable  to  be  taken  up  and  proae- 
cuted  for  it.  Now,  mv  hird«  shalj  I  hey  be  ad- 
mitted to  give  an  eviJi?nce  ol*  a  treaMin  com- 
mitted in  breach  of  one  act  of  parliament,  when 
they  are  prosecuting  him  upon  another ;  they 
may  as  well  offer  evidence  against  him  lor 
counterfeiting  the  great  seal,  or  clipping  and 
coining,  for  the  sake  of  evidence  :  we  ho|ie  tht« 
practice  shall  not  be  allowed;  if  they  are  so 
full  of  proof  (as  by  their  o^^ening  they  seemed 
to  be]  which  by  the  rulet*  of  )uw  can  reach  this 
man's  life,  which  1  cunnot  yet  see,  lei  justice 
t»ke  its  course:  but  we  humbly  hope  they  shall 
not  be  permitted  to  give  evidence  of  facts  which 
are  entirely  foreign  to  the  present  aecusatjon, 
antl  can  be  calculated  fur  nothing  but  to  capti- 
vate the  jury,  by  acquainting  them  that  the  pri- 
soner hnth  been  at  Home.  Hut  if  the  kind's 
counsel  will  htiveit  etfertually  published  thattlie 
prisoner  hath  been  at  Rona\  let  them  consent 
to  have  him  found  not  guilty  upon  this  indict- 
ment, and  let  hitii  then  be  prosecuted  upon  the 
act,  for  corrc!;pouiling  with  the  Pretender,  and 
see  what  will  come  of  it. 

Mr.  KttdiKi/.  The  act  of  parliament  that 
makes  this  new  treason  is  the  latUaod  ]  4th  of 
king  William  ;  which  not  only  makes  that 
treason  which  was  not  treason  belbre,  but  puts 
it  on  «  new  method  of  trial  in  any  county  of 
England,  vfhere  it  is  laid.  Now  they  would 
gi»e  iti  evidence  a  fact,  which  Mr,  Serjeant 
Cheshire  says  is  evidence  of  the  same  kuid  of 
treason^  though  in  a  lowt^r  degree,  and  onifbl 
to  he  received  to  prove  lb*?  utrtt  ucU  of  vm\* 
suiting  and  conspiring  to  restore,  oiid  bring 
the  Pretender  to  the  throne  :  As  to  tha  evi- 
dence that  hath  been  read,  we  could  i»ot  liate 
objected  to  the  papera,  became  we  did  not 


9SS]  9  GEORGE  I. 

know  what  they  were,  nor  whether  thfl¥  re- 
lated to  a  foreiga  or  domestic  oorrespoiideiice. 
Now,  because  they  are  read,  as  heinir  fouod  oo 
a  person  to  whom  he  gave  them  ;  shall  they, 
to  support  a  treason  o?  compassing  and  ima- 
gining the  death  of  the  king,  give  erideace  of 
corresponding  with  the  Pretender  ? 

My  lord,  I  do  not  apprehend  the  .king's 
counsel  have  given  us  any  manner  of  answer ; 
and  therefore  shall  not  take  op  any  more  of 
your  lordship's  time,  by  repeating  m  a  reply, 
what  I  offerefi  before  by  way  of  objection :  I 
rabmit  it  to  your  lordship. 

L.  C.  J.  Sure  as  this  evidence  is  offered  it  is 
very  proper;  consider,  in  the  indictment  the 
ofert-acts  are,  meeUng,  consulting,  adrising 
and  agreeing  to  raise  a  rebellioD.  The  next  is, 
pabliminif  a  traitorous  libel,  in  which  rewards 
are  promised  to  those  that  would  assist  in  this 
rebellion ;  a  third  orert  act  is,  the  enga^ng 
and  listing  men  for  the  senrice  of  the  Pre- 
tender ;  a  fourth  is,  a  designing  to  depose  the 
king ;  and  another  is,  to  set  up  the  Pretender 
on  the  throne  :  Now,  consider,  if  they  have 
not  given  an  evidence  of  these  overt-acts,  whe- 
ther sufficient  or  not,  that  must  be  left  to  the 
jury ;  if  they  have  given  evidence  of  these  acts, 
a  design  to  set  up  the  Pretender,  and  to  depose 
the  king,  &c.  1  f  they  are  not  proper  to  shew  for 
this  purpose  this  gentleman  corresponded  with 
Rome,  was  with  the  Pretender,  then  lettere 
sent  from  sir  William  Ellis  to  him  :  letten  (ac- 
cording to  his  desire)  purporting  receipts  for 
■urns  of  money  to  be  signed  by  the  Pretender, 
as  a  fotindation  to  oblige  him  to  make  re-pay- 
roent:  After  this  and  these  things  have  been 
offered,  is  it  not  proper  to  go  as  far  as  tliey  can 
on  this  head,  and  shew  how  far  he  hath  been 
engaged  with  the  Pretender  and  bis  accom- 
plices f  Sure  it  is  proper,  as  a  further  evidence 
of  these  overt- acts. 

Do  not  trouble  yourself  as  to  that,  no  use 
shall  be  made  of  that,  to  charge  you  with  the 
treason  made  so  by  another  act  of  parliament, 
about  corresponding  with  the  Prt tender,  for 
evidence  it  is  proper  here,*  and  it  neither  can, 
nor  shall  be  made  use  of  to  any  other  purpose. 

Mr.  Reevt.  Blr.  Stan  van,  pray  go  on,  and 
give  an  account  of  what  he  contessed,  when 
examined  before  the  lords  of  the  council  about 
his  being  at  Rome. 

Stanyan,  Mr.  Layer  did  acknowledge  he 
had  been  at  Rome,  and  returneil  from  thence 
in  July  17Sl,hesaid  he  had  had  two  confer- 
ences with  the  Pretender. 

Mr.  Ketelhey,  1  think  Mr.  Stanyan  said,  he 
had  taken  minutes  of  his  examination ;  I  had 
rather  see  the  minutes  than  trust  to  his  me- 
mory. BIy  lord,  in  the  trial  of  the  two  Bailiffs 
in  this  court,  the  substance  of  what  the  de- 
ceased said  was  reduced  into  writing;  and 
therefore  tlie  parole- evidence  that  was  offered 


to  be  given  was  rejected,    f  rabmit  it  to  yoar 
lordship,  whether  the  rnio  is  not  tlm  anna  in 


greater 


ly  and  anch 


bi**-' 


Trial  of  ChriHapker  Layer ^  [224 

before  your  lordship.  I  have  not  the  least 
disresp^t  for  Mr.  Stanyan,  and  couM  take  hit 
word  for  any  thing  but  my  citent'a  lif« ;  there- 
fore, we  hope  he  shall  prodnee  thoan  salei^ 
which  he  hath  referred  to  once  or'  twioe,  mw 
he  is  |(oing  to  give  a  further  aeeoont  ii  Ui 
examination. 

Mr.  HuHgerford.  My  knrd,  I  waa  noaiitl  in 
that  case ;  the  justice  of  peace  who  bad  taken 
Mr.  Lutterel's  examination  did  not  appeari  aai 
that  examination  could  not  be  had ;  tacra  wm 
a  copy  of  it  taken  and  produced,  and  pravad  ki 
court  to  be  a  true  copy,  but  y oar  hwdaUp  wmdd 
not  let  that  copy  be  read,  or  the  subject 
of  it  to  be  given  in  evidence,  unicaa  tlM 
examination  itself  were  produced. 

L.  C.  /.  Mr.  At'orney,  von  hear  ham  tha 
matter  is,  Mr.  Delafaye  and  Mr.  Stanyan  giva 
an  aocount  that  they  were  comnnamM  by  tha 
lords  of  the  council  to  attend  and  take  mlniUrt 
of  Mr.  Layer's  examination  before  them ;  that 
they  have  those  minutes,  and  have  kiokad  kt$ 
those  minutes  to  refresh  their  memoricar  W 
they  desire  they  may  be  produced,  do  yaaap- 
pose  it  P    Have  you  tlie  minntea  here  f 

Si^nyan.  Yes,  my  lord. 

Seij.  Pengelly.  Then  may  be  a  great  wtrnf 
things  that  are  not  material  to  the  preaentcain 
of  Mr.  Layer  ;  why  shenU  they  have  all  thcsn 
minutes  read  P  It  is  not  for  the  sake  of  tb« 
prisoner  at  the  bar,  but  for  the  sake  of  aonw 
other  people,  who  may  be  listening  here. 

In  the  case  of  Lutterel,  there  waa  n  o 
plete  examination  taken  by  a  justice  of 
peace :     In  this  case  there  is  no  exan 
completed  and  drawn  up ;  it  is  nothing  but  nia 
oral  confession,  and  amounts  to  no  more.  Tb^ 
minutes  the  witnesses  may  take  in  their 
as  proper  to  refresh  their  memories. 

Att.  Gen.  Their  desiring  to  have  these  mdk*^ 
notes  read,  is  not  so  much  for  the  sake  of  tkcfcr 
own  client  ar  for  the  sake  of  other  people. 

Serj.  Cheshire.  How  the  matter  in  that  camito 
was 

L,  C.  J.  It  is  enough,  1  only  asked  Mr.  A%^ 
toroey  General,  whether  he  thought  fit  to  eaaaa^ 
sent  to  it ;  and  without  his  consent,  we  are  ^4 
opinion,  that  they  cannot  be  read. 

I  asked  Mr.  Attorney  the  question,  and  mrai 
not  aware  of  any  ill  consequence. 

Mr.  Attoracy  says,  the  minutes  refer  to  ^M 
whole  examination,  ami  to  a  great  many  cvChM 
people,  and  it  would  he  for  the  diaservice  of  ^^ 
king  to  have  these  things  disclosed.  Mr«  M 
torney  might  have  refused  to  consent  wa^ta^ 
giving  a  reason,  but  he  hath  given  a  g9f>^  ^^ 
son,  and  therefore  will  not  consent  that  ll::a«y  ■ 
read. 

Mr.  Ketelhey.  We  do  not  consent  t*»  ^■f 
them,  but  insist  upon  their  being  read.  j 

Att,  Gen.  We  do  not  ask  your  eooa«n<* 

Mr.  Keteibey.   If  you  do  not  ask  it,  anor 
it,  wo  are  ao  far  even  ;  bat  I  aasore  yovs 
Ml.  Ar  .M        ■ 


■nob^ 


y&r  High  Tnoion. 

>  »liti  rnitiutes  Uketi 
^  tiiAtti!rs  are  out 
u>  the  xvorM* 
ofT  ilroppf^tl,  OA  if 
9111  irr  lor  ttie  stike  uf 
HI,  we  t!oiiiruiri  sucit 
of  couiiyef  tbr  Uuit 
^  linn  iMfth  tiiii^ly. 
\m%  we  tMivj;nrtl  cr>un«e1  for  hitiif 
jr«u  liB«l,  1  believe  you  would  not 
til  In  1 1  live  Kjud  to  niucli. 
No«  iDdeeil. 

:ciiy,  x\Ip.  SUnyonf  plense  to  r«coN 

wliru  Mr.   Layt-r  wu»  exnmined 

lor^ii  of  tiiv  coutinl«  (it  is  to  confirm 

tif  Mr.  L^Qch)  any  tLiiog-  pwi9ed 

J.     Biit  before  you  was  intendtng  to 

^      J       _•  to  Roiue,  mid  having 
'  iiiler. 
r^j^v     My  krftd,  iltut  he  bath  taid 
N«»te  I  ii^k  you   what  wds  satd 
rdiliog  to  the  drclanition  ? 
TW  kirdi  t»ked  Mr.  Layer,  >f  he 
Ijf  ih'rtjiration  :     he  saiil  no,  he  had 
lie  drew  htiotelf: 
t  declaration  waa, 
be  baJi«ircd  i>tie  VV  il>iiin  tiad  it. 

iiy.  Has  auy  ijuestiona  Mked 
M  it^ffton*  tliat  had  seeu  it  ? 
Ye*  I  be  said  the  onJy  nenont 
it  was*  that  VViliionf  oue  Uilliam 
\fm  iMO-jiiritiff  iiart^on«  umi  fme  Lynch. 
^  Bimfdly.  VV  here  did  be  meniioD  to 
hawwtt  tii  Lynch f 

i|f«i^   Oa  hies  way  to  mv  lord  North  and 
•»«!  tl>e  Green  Mhu  at  l^ppinif* 
i»  P&m^tllf,     \\^  ih^rii  any  thing*  more 
y  LAjfar,  raUting  to  Ikiat  journey  to  Ep- 
•lid  wbatf 

•5«M.  fir  iiAjd  that  he  went  to  my  lord 
I  attd  Or^y  '§,  und  dined  at  the  Green  Mao 
'•em  I  Ibini  be  carrie^l  Mr.  Lynch  la  my 
Will  and  Grey^ti,  and  recfim mended  him 
}\mi  Nfirtti  mid  Grey  %a  h  proper  peraon 
lia[y4i»^Mi.  1  think  it  was  employed  in 
MPKunn*  or  id  any  thiu^  »'lt»e,  that  hta 
ii^ibiiulii  oonunattd  him. 
It  ttitlhrjf.  If  he  i«  not  rertftin,  I  deatre 
^  pTDitiicii  hia  minutes,  as  be  (fires  bii 
e«ih  hia  inetnory. 


rl  «.»   I 
i  ti*m  tM  «iy 

on  for  hvi 


(idi<d  him  oa  a  proper 
An  uiKur'^etiUon,  and 


that  b 
3  hat  Layer 
and  Grey 
npt, 

•  youaaid  inan 

'  ed  or  lhiMrg;ht  ; 

'  lio  ofi,  the 

an  at  the 

e»  yon  aay 

•ill  as  you 


A.  D.  1T22.  1^226 

pve  m  povititre  evidcrnce^  that  thta  was  cocifest 
by  Mr*  f^yer. 

Siangan,  i  hnve  r€'4?otlect«Ml  the  worda^  and 
Mr.  Layer  used  tho^ie  wortla, 

Bf  r.  KttfJbey^  From  wtience  ia  it  that  yoa 
are  now  jso  positive,  and  were  not  sf»  at  first  f  ^ 

Sianyitn,  i  did  say  the  wordii  »!  hrsl. 

Mr.  Kettibey.  Elut  yi»u  said  <t  wiili  an  alle* 
▼iaiioo  ;  I  deitire  to  know,  if  you  are  pouiira 
Iboae  were  the  worda  f 

Stanyan,  1  am  very  poaitiTe, 

Mr.  Kcteibej^.  And  yet  you  were  not  posiiif* 
before  r 

Siani^an,  f  did  not  lay  I  was  not  positif  e. 

Mr.  Hungcrford,  Did  you  give  your  evi* 
deuce,  that  you  was  certain  he  t^aid  that  he  bad 
recommended  Lynch,  as  a  proper  person  Ui  bn 
eonceruetl  in  an  insurrection  4nifeoeral,or  only 
&a  a  proper  per»)n  to  seia^  my  lord  Cadogaii, 
or  both  ?  IJow  did  he  ejirprcss  faim*felf? 

$lanyan.  1  will  telt  yuu  how  tht;  v^ordi  were: 
Lynch  iiaving  told  him  he  would  seize  my  lord 
Cadotpin.  Layer  recommends  Lynch  to  my 
lord  North  and  Grey  as  a  proper  person  for  audi 
an  attempt. 

Mr.  Hungtrford*  Then  the  insurrection  was 
out  of  the  5^aae  ;  he  was  only  recommended  tn 
my  turd  North  and  Grey  aa  a  proper  per^u  td 
aejze  my  lord  Cadogun. 

Mr.  Ktitlbcjf,  I  think  you  have  repeated  it 
three  timea,  and  ihlferentat  each  time  ;  unw 
please  to  rectify  your  n^emory,  and  let  \is  have 
It  BO  aa  it  may  be  understood. 

1  must  deoire  it  in  this  case^  my  client  is 
upon  hia  hf«>,  and  ho  ahould  have  riij;hl,  1  am 
sure  he  will  have  it  from  the  Court  and  iha 
Jury. 

We  desire  to  know  whether  you  give  tucli 
an  evidetice  of  this  part  of  hi«  confession^  with 
respect  to  [\\&  rt^com mending  IVlr.  Lynch  to  my 
lord  North  and  Grey»  a2»  you  will  i^iiind  by  i:* 

M r .  Hu ngtrfitrd,  M r .  Stany an »  pray*,  give 
an  account  once  for  all  how  that  matter  was, 

Stanifan.  J  can  give  no  other  account* 

]Vlr.  Keleihej/,  lie  hath  vaneil  every  time;  I 
appeal  to  Mr.  Allorney,  I  appeal  to  your  lord* 
abip, 

i,  C.  X  Wherein  it  the  variaiioa  ? 

Mr.  Kctnlbey,  First  he  ncquaiutt  you,  that 
he  coiifesiiefj/that  he  recommended  Lynch  to 
my  lord  North  and  Grey,  aa  a  tii  per«on  to  btt 
em  I  *  '  ^e  Uiitjks,  or  helitives.  it  wa§  in  ait 
lu  ]    and  then  he  sayii,  he  m  ]»ositire 

thuk  f.ir  ><  v.tanmended  him  to  my  loni  Noitli 
and  Grey,  an  one  that  Wtt»  tit  to  he  employed 
in  an  iiMUrreclion,  nr>d  »t  last  he  aayat^  hf*  was 
recommendvd  by  Mr,  Layer  to  my  h>ni  North 
and  Grey,  as  the  tit  per-iM>ii  to  seiace  my  lord 
Cadu4ran.  1  apprai  to  your  lurdt^hip^a  mm* 
luory,  uind  hia  own  oath,  whether  thiji  wan  nol 
so,  and  yet  he  ia  poaittve  of  it,  he  in  sure  of  it. 

L,  C*  J*    Is  there  auy  diderence  in  all  thiaf 

Mr.  Ketcllfey,  As  much  as  betw«eu  being 
certain,  and  being  uncertain, 

X.  C.  X  For  what  ^  Vou  talk  of  the  vsrit* 
tion  between  an  inaorrection  and  selling  ttiy 
lord  Cadogau.    Tlie  insurracttou  was  uanly  %m 

Q 


I 


9  GEORGE  L 


Triat  of  Ckmfophw  Layer^ 


tie  made  on  the  fteiz'm^r  my  lord  Cadograti,  at  the 
fame  lime  an  to  tkeilitate  the  insurreciion  ;  both 
•ware  to  go  trigelher  ;  if  he  was  a  proper  person 
to  seizes  my  hird  Cailogtm^  he  was  a  pro|)er  per- 
foil  to  be  employed  in  an  insurrection. 

Mr.  Ketdbey.  He  is  charging  the  prisoner 
vith  his  contessiont  ami  therefore^  I  say,  he 
liAlh  mentioned  it  with  two  or  three  variations : 
'firHt,  that  he  was  tit  to  be  employed  in  an  insur* 
rectton,  and  he  explains  ttiat  by  seizing  my 
Jonl  Cadog'an. 
^     L,  C.  /.   That  IS  part  of  the  insurrection* 

Mr,  KtUlbey.  Surelyi  my  lord,  this  serres 
to  make  otsr  objection  so  much  the  stronger 
^^ainal  aliowiog^  parole  evidence  of  a  confes- 
smni  ifhich  was  put  in  writinir-. 

Att.  Gen,  1  can't  imat^ioe  what  they 
mean  ;  here  is  a  ^enileraan  that  ^ves  an  ac- 
^ntmt,  that  the  prisoner  confe^^ed  that  he  re- 
commended Lynch  to  my  lofil  North  and  Grey, 
as  u  proper  person  to  be  emplnyed  in  the  insur* 
nectiont  and  to  seize  my  lord  Cadogan  |  where 
is  the  variation  in  thi;*? 

Soi.  Gen.     Mr.  Stanyan,  j'ou  was  wtrinpf  an 

mccotmt  of  Mr  Layer's  recommending  Lynch 

toroy  loid  North  and  Grey;    did  Mr.  Layer 

declare   any  thing  further   relating   to    thai 

h  matter? 

Siangan,  He  said  my  lord  North  and  Grey 
feceifed  him  civilly  ;  he  supped  there,  and  lay 
there  that  nighty  and  they  dined  tliere  the  next 
day. 

Sol.  Gen.  Did  he  give  any  account  of  what 
passed  at  dinner? 

Stanyan,  1  donH  know  whether  it  wasju«!t 
I  At  driiner,  or  afierwards  :  but  he  said  tliat  se- 
veral healths  were  drunk,  which  were  be^un 
by  my  hrd  North  and  Grey  ;  and  after  dinner 
there  came  in  a  man  they  called  a  citizen,  they 
drank  the  Prctender^s  health,  bis  wife  and  the 
young  prince. 

St)i.  Gen.  Did  the  prisoner  say  any  thing 
about  the  christening ol  hit  child? 

St  any  an.  That  was^  when  he  confessed  be* 
fore  the  lords  that  he  was  at  Rome ;  in  the 
conference  he  had  with  the  Pretender,  he  lo^}k 
occasion  to  speak  of  the  discontents  of  the  na- 
lti)n,  which  liati  bt-en  occasioned  by  the  losses 
sustained  in  the  8oulh  8ea.  The  Pretender 
Hsked  him  if  he  knew  any  persons  of  dislinc- 
tion  in  thet  case  ?  He  said,  that  he  knew  a 
great  many  that  were  well  ^a Reeled  to  his  inte- 
rest ;  that  he  was  not  acf|uainted  with  people 
of  quality  ;  but  that  he  knew  several  of  ffood 
estates  that  were  very  well -affected  to  hi?!  mle- 
rest*  Upon  this  the  Pretender  asked  hiia  se* 
feral  cjne^tioos  ;  says  he,  it  must  be  Tery  ex- 
pensive to  you  to  come  hUher  to  Rome,  it  must 
cost  you  500/.  N0|  sajth  he,  not  above  half  so 
much.  Then  the  Pretender  praisefl  his  zea(» 
and  commended  him  ;  afker  that  Mr,  Layer 
asked  the  Pretemler  to  pire  him  some  tokens 
or  credentials,  thai  he  mi|f hi  have  sometbing 
fi-om  his  majesty ;  that  would  be  a  means  of 
his  ci^aining  cretlit  among  his  friends  here.  He 
isys  the  Pretender  scrupled  that:  then  Mr* 
Layer  proposed  al'tematds  that  the  Pretender's 


wife  should  stand  aagml-motber  to  his  daogh* 
ter,  to  Mr.  Layer's  daughter ;  I  hat  aflerwardi 
col.  Hay,  to  whom  he  was  iutroilncsetl  at  the 
Pretender's  court,  brought  him  word,  that  the 
Pretender's  wife  wouhJ  stand  as  godmother  tA 
his  child  :  but  then  tho  question  was,  wIm 
should  represent  her  ?  And  alier  somelicieit 
was  proposed  to  Mr.  Layer  to  find  out  a  fitpifw 
son  to  represent  her.  Mr.  Layer  proposed tke 
duchess  of  Ormond,  which  was  agrcel  le^ 
after  that  the  Pretender  agreed  to  aimiid  i 
father  with  his  wife,  and  then  the  poiotl 
who  should  represent  him  ?  And  coL  He 
him  that  he  must  take  care  of  that^  tu 
proper  person  to  represent  his  majesty. 

Sol,  Gfn.  VVljat  account  did  be  giVe  of  ^ 
was  done  in  pursuance  of  this,  when  he  4 
into  England  ? 

Stanyan.     When  hecamcmto  Engtao 
said  he  applied  himseif  to  one  Mr^  Tbon 
to  spetik  to  my  lord  Orrery  to  stand  to 
sent  the  Pretender  with  the  duchee 
mond  :  but  he  said  my  lord  Orrery  d« 
and  afterwards  he  got  my  lord  North 
to  stand.    That  Mr.  Thompson  did  cUnMail 
child,  my  lord  North  and  Grtjy  and  the 
of  Ormond  staniling  as  proxies  for 
tender  and  his  wife  ;  my  lord  North  i 
did  staml  to  represent  the  Pretender^ 
dnchess  of  Ormond  to  represent  the  PreU 
wife»  knowing  they  ilid  so. 

And  he  w^as  asked  by  the  lonis,  who  i 
company  at  the  christening  ?  He  Kntd,  enW 
duchei^*;  af  Ormond,  my  lord  North  and  u 
Mr.  Thompson  the  minister,  himself,  and 
wife,  and  another  woman,  at  whose  hou 
chrisleninif  was  performed  :   but  he  said,  j 
was  not  present  in  the  room,  thong li  she  i 
ed  at  the  christening. 

Mr.  West.    Did  he  mention  any  tinae 
this  clirislening  was? 

St  any  on.  About  the  spring :  I  cannot^ 
that  question  was  asked  him  by  ttie  lordvi: 
J  cannot  a.scertain  the  time. 

Mr.  Wc9t.  Did  he  say  any  thing  i^alil^ 
roy  lord  North  and  Grey  ? 

Stanyan.    He  told  them  of  my  lord 
and  Grey 'a  being  at  the  he^d  of  these  de 

Friionen    What  dolh  he  conceni 
with  Ihe  lord  North  and  Grey  for? 

Mr.  Wc$t,  Pray,  Sir,  be  quiet. 

St  any  an.  He  said  he  told  my  lord  IWI 
Grey  that  he  had  acquainted  liynch  witl 
brdjihip's  being  at  the  bead  of  tins  design,  l| 
fiirc  Mr.  Lynch  had  expressed  a  great  de  "' 
wait  upou  his  lordNhip. 

Att.  Gen.    Mr.  Del afaye,  pray,  give  i 
count  what  Mr.  Layer  said^  when  be  wael 
mined  f»«tore  the  lords  of  the  council,  i 
to  hiH  being  at  Home, 

Detufttye.  Mr.  Layer  declared  to  the 

of  the  council  that  he  had  bepu  at  Rome,( 

he  hud  had  two  conferences  with  the  Preteitdefi 
that  he  had  acquainted  the  Pretender  with  tb« 
disaffection  of  the  oation,  with  respect  to  lh« 
losses  that  had  been  sustained  by  the  South  8et 
He  said,  in  g«tieitJ^  the  natiou  was  well  afiisolfi 


Jbf  High  Treoii 

■QOi  of  state,  not  tjunliii^ 
irilervst:  ihen  hr  |iro|»oseii  to 
riokeiMorilie  iVetentler'R  re- 
oll  WM  licit  (S^raiiUii  Ititn  :  then 
Fl*rwteiKfer*«  sjinu^e  Jihoultl  stand 
to  bis  rlitlil;  th?  Pretc'iider  said 
pill  cooniler  of  it;  col.  Hay  afterwiitls 
It  litai  wtird,  th«tl  she  4'oiiHeut«»il ;  tbeu 
I  fjonlcreQces  who  dbould  repi'e* 

OW«  Uic  S9me  accouiii  thiil  he 
t  lord*  Df  Ibe  comiciL 
iiL  Uay  brougUt  wurd  lo  Mr. 
k^Aetrnder**  spouse  consented 
^*"ir  10  liiB  child  ;  »nd  it  wms 
I  of  Ormond  should  re|>ri?«eiit 
hm  dcnred  s  ciedtftitial  ur  token  to  the 
m  of  Orntoud.     Hay  told  him,  without 

10  irotltd  stand  ;  only,  H*ilh  he,  carry  a 
I  tli«  duk«  19  wfMf  and  gone  to 
.  tlie  wuuld  do  it ;  and  Layer  de- 
^wbiiahonld  Kiaud  uh  g'od-Jkther; 

hiniseir,  that  is,  the  Pretender ; 
I  j!D  know  \Tha  M'aa  to  rcpre- 
Hrnlto  he  excused,  but  Layer 
>  one  iipOQ  \m  return  into  Eng^> 
BHjitvi profMr  for  th At  purpose ;  viben 
IM  inld  Bns^iaod  he  wai  at  a  loss  for  a 
I  to  reprcMfnt  the  PrcteudeF ;  be  went  to 
Ih^nfmi  10  advise  i^ith  him  about  it, 
nei^l  to  my  lord  Orrery,  lo  desire  bim  to 
lift  jiroxy  for  the  Prelemler ;  my  lord 
^nliacd  it ;  then  he  went  to  my  lord 
I  Onj,  who  iicce|»ted  it.  The  child 
it  wa«Ht  Chelsea,  I  t&ke  it, 
^  wbere  there  was  a  china  shop.  Ii 
■pring*,  whot  day  I  cannot  tell, 
kr  wad  tfaeri*  waa  bis  wife,  my  bird 
'tad  Otty  ^Uo  itood  for  the  Pretender, 
Kbc«i  «f  Ornciond  who  stood  for  the  Pre- 
r^  wiUt  *l*e  woman  of  the  bouse,  but  she 

11  wiibio  the  room  at  the  chriMenin^'. 

K  Gt«*    00  you  reme^niber  any  tUin^  said 

Em  aay  declaration  that  was  drawn  ? 
Mr.  Layer  owned  that  be  bad 
of  a  declaration  ;  and  that,  when 
[  to  my  lord  North  and  Grey*s, 
»  Mr.  Lynch  at  the  Green -Mao, 
I  wmf  tliither. 
^/      '^  '  '  lie  of  his  recom^ 

J  iimnatitrn? 

_^_,    lit'  *p'.ki- ut  IMS  recomraendin^ 
Al«ie«|  titat  Mr.  Lynch  bBvinjj  told  hira 
>  my  lord  CadotE^an,  bu  did  reconi' 
to  my  lord  North  and  Grey,  as  a 
,  far  that  atl^'imit.     The  "second 
"iBQiDmendtd  him,  he  batl  pro 
^  Lynch  to  my  lord  North  and 
Flnmogtoid  bam  that  be  was  a  very 
Xfilto  k#  rm>r«med  m  an  insurrec- 
H-»'  :  told  Finch  hi«  lord- 

|ta  b*  i  ot  the  d e^i^n ,  Ly  nob 

ttuwiiii  ujion  him. 
We  thull  now  prove  there  were 
fr*a  bonni!  wbm  be  waa 
,    I,  wef»  you  at  Mr»  Layer's 
I  hiWMi  w^Mi^f^Stanyan.  'Yet. 


^it,  po  you  know  of  adj  armf  thirer 

Sttinj/an*  Yes, 

Ait.  Gen.  Give  my  lord  and  the  jury  &o  ic- 
count  whatarma? 

Stanjfan.  Just  after  Mr,  Layer  wa'j  aeiied  I 
came  in,  be  was  just  trot  out  of  b<»  bed*     I 
obserTed  in  the  roum,  where  be  Uy,  there  were] 
a  pair  of  pistols  hunijf  by  his  bed  jiide,  and  be- 
tween  them   a  borsenian^s    sword,  a    riding 
sword,  and  a  pretty  larue  swi»rd ;   on  the  other 
side  of  the  beil  nejrt  the  chimney  a  little  cuse 
of  pistolti,  and  anutber  sword  buntr  in  another  | 
part  of  the  room.     In  the  closet  uf  the  same. 
room  we  looked,  and  I  saw  tv%o  carhtnes  or 
guns,  and  two  rousquetoons  or  hhinderbusses  ; 
si-ein^^  so  tnany  arms,  I  went  to  handle  some  of. 
them,  upon  which  be  said.  Have  a  care,  they 
are  loaded,  don't    medtlle  wiib   them;     upoar' 
that  I  asked  him  what  be  had  to  do  with  soii 
many  arms  ?    He  answered,  you  must  know 
my  clerk  anel  I  are  streat  i^UooterK,  when  we 
are  in  the  country.     Ju  auotbrr  room,  looking^ 
further,  we  observed  several  nmutds  tor  the 
making  of  builets.     There  was  also  u  cartridge- 
box,  and  a  number  of  cnririd if es  ready  mude  up, 
as  ne&r  as  1  can  g-uess  (1  did  n*i|  coiint  I  hem) 
there  were  about  tbrty  or  fifty  uf  ibeni.    There 
was  n  ({^niteman  of  the  army « and  belaid  they 
were  such  cartridges  as  were  ut^ed  in  the  army* 

Ait.  Gtn,  Was  there  any  tbioif  relating'  to 
thciie  arn)s  confessed  by  Mr.  Layer  befure 
the  lords  of  the  council  ? 

Sianyan*  lie  did  not  deny  i*^  I  believe* 

Att*  Gen.  I  would  ask  you  whetht^r  there 
was  any  thin^  said  helbre  the  lords  r^latiu^^  to 
these  arm*? 

Stiinj/an.  Thelonls  did  ask  Mr.  Layer,  what 
did  he  with  forty  or  tifiy  cm  Irid^^t^s  ready  made 
up?  lie  said  they  were  tviade  up  by  Bowers 
ibiL^  l^unsmith,  and  that,  if  there  wa!^  any  dis- 
turbance in  ibe  nation,  be  should  bare  occasiott 
for  them. 

Alt,  Gtn,  Mr.  Delafaye,  wais  yoa  by  when 
he  was  asked  the  question  about  these  arms  f 

Delafaye,  Ves  ;  he  was  aski^d  wbst  he  did 
with  so  many  cartrid£^s  and  artn<i,  and  be  fmtd 
they  were  proper  fur  liis  use,  if  there  should  be 
any  disturbance  in  the  nation. 

Colonel  JJutkt  sworti. 

Ati,  Gen,  Was  you  by  when  these  arms  wer« 
seizefl  in  Mr.  La  year's  bouse  Y 

Hutke,  Yes  ;  there  w  ere  two  cases  of  pistols, 
two  fuzees,  and  $ome  other  ariOR,  and  a  blun* 
derbufcs,  and  two  or  three  sword*  ;  there  were 
aliout  40  cartridi^es  ready  made  up  in  the  U:<iual 
manner,  as  ihev  are  mode  up  when  our  soldiers 
are  to  charge  their  pieces  for  expedition  in  eas« 
of  action. 

Att,  Gen*  How  many  were  there  f 

Jiutke.  About  forty. 

Au.  Gen.  Did  you  tee  any  mouldi  for 
bullets  f 

Huikc.  There  wis  a  mould  for  mitsket-balli. 

Pritmer,  You  say  I  had  two  fazcea  i  will  • 
musket  ball  go  into  a  tuzee  ? 

iiMiki*  1  oaoBOl  tell  but  il  isAy* 


231] 


9  GEORGE  I. 


Trial  of  ChrhlojJier  Layer^ 


[892 


Prisoner.  There  were  fortvcartridgei,  which 
were  ready  made  up,  will  those  cartridges 
go  into  a  fuzee  ? 

Huske.  These  very  cartridges  were  only  fit 
for  the  army. 

Mr.  Keteibey.  These  cartridges  were  not  fit 
for  the  musket  P 

Hutke,  1  did  not  try  there. 

Mr.  KeUlhey,   Would  they  gp  into  a  fuzee  P 

Huike,  I  don*t  know. 

Mr.  KeteUtey.  According  to  my  notions,  there 
is  a  difference  iu  bigness  between  a  fuzee  and  a 
musket;  ami  a  cartridge  fit  for  a  musket  will 
not  go  into  a  fuzee. 

Hutke,  A  cartridge  that  is  fit  for  a  fuzee, 
will  go  into  a  musket. 

BIr.  Keteibey.  I  belie?e  that,  and  so  it  will  into 
a  cannon ;  therefore  1  ask,  whether  a  cartridge 
that  is  fitted  to  a  musket,  and  proper  fpr  the  use 
of  a  soldier  going  to  batUe,  whether  that  car- 
tridire  will  fit  a  fuzee? 

Hutke.  The  bore  of  a  fuzee  may  be  made  as 
large  as  ihat  of  a  musket. 

Z.  C.  J,  Those  cartridges  that  were  there, 
would  they  hare  served  for  the  fuzee? 

HmkeC  I  am  satisfied  that  they  would  serve 
for  the  fuzee,  and  the  smallest  arms  tliere, 
except  the  pistols. 

Mr.  Ketclkey,  You  say  there  were  two  swords? 

Hutke.  Yes,  I  saw  two  swords. 

Mr.  Keteibey.  I  beliere  you  never  are  with- 
out two  swords  ? 

Huskem  I  believe  I  have  a  dozen,  but  they  be* 
long  to  my  company. 

Prittmer.  Were  they  horse-swords,  or  swords 
fit  to  walk  with? 

Hutke.  IcanUtellthat. 

Mr.  Hungtrjord.  I  think  you  say,  that  those 
bullets,  made  into  cartridges,  were,  by  the  size 
of  them,  intended  for  the  small  arras  ? 

Hutke.  I  do  believe  they  would  fit  the  two 
fuzees  that  I  saw. 

Mr.  Keteibey.  Did  you  open  any  of  the  car- 
tridges? 

Hutke.  I  did,  and  there  was  a  ball  made  up 
at  the  end  of  each  cartridge. 

Mr.  Smeybert  sworn. 

Sol.  Gen.  Do  you  know  the  prisoner  at  the 
bar? — Smeybert,  Yes,  I  do. 

Sol.  Gen.  Recollect  whether  you  have  seen 
bim  at  Home  f^Smeybert.  Yes,  I  have. 

Sol.  Gen.  When  ? 

Smeybert.  About  a  year  and  a  half  ago. 

SoL  Gen.   For  how  long  time  was  he  there  ? 

Smeybert.  1  think  about  a  week  or  a  fi>rtnight. 

Sol.  Gen.  Did  you  or  the  prisoner  leave 
Rome  first? 

Smeybert.  I  left  Rome  first. 

Mrs.  Hay  sworn. 

Sen.  Chetkire,   Did  you  ever  see  the  pri- 

ner?— Hoy.  Yes. 

Serj.  Ckethire.  Where  did  yoo  see  him  P 

Hay.  I  saw  him  at  RoiM. 

Serj.  CAeiAire.  WbenP  •    i 


Serj.  CAfsAire.  What  time  of  the  year  was  it^ 
as  near  as  you  can  remember  P 

Hay.  r  cannot  tell  exactly  what  time,  but  h 
was  last  summer  was  twelve- month. 

8erj.  Chethire.  You  are  sure  yoo  saw  bin 
there  ?~Hfly.  Yes. 

Att.  Gen.  My  lord,  we  shall  now  ptomikt 
prisoner's  escape  out  of  the  messengei^  m^ 
tody,  as  was  opened  before.    Call  Mr.  T    * 


Mr.  iS^tre  sworn. 

Jtt.  Gen,  Look  upon  the  prisooer  at  At 
bar,  do  you  know  bim? 

Squire.  Yes,  I  do  know  him. 

Att.  Gen.  Do  votf  know  any  thing  of  lua 
being  taken  op  ?  6ive  au  account  wheo  it  was 
that  he  was  taken. 

Squire.  He  was  taken  the  18th  day  of  8i^ 
tember  last. 

Att.  Gen.  Whose  custody  was  be  in  after  Im 
was  taken  ? 

Squire.    He  was  in  my  costody* 

Att.  Gen.  What  became  of  him  aflcrwarilf 
Did  he  continue  in  your  custody  P 

2 mire.  No,  be  made  his  escape. 
tt.  Gen.  How  long  slier  he  nad  I 
was  it  that  he  made  his  escape? 

Squire.  It  was  the  next  day,  he  got  out  «f 
the  window. 

Att.  Gen.  How  high  was  the  room  ha  gat 
out  of? 

Squire.  It  was  two  story  high  ;  be  lifted  ap- 
the  sash,  and  so  gut  out  of  the  window. 

Att.  Gen.  Did  yon  pursue  him  P 

Squire.  Yes. 

Att.  Gen.  What  account  can  yoo  give  of  his 
being  taken  again? 

Squire.  He  bad  not  been  gone  kmg  belbra  E 
fi>und  he  had  made  his  escape,  and  understand* 
ing  which  way  he  went,  1  immediately  poiwatf 
him,  and  I  took  him  in  a  lane  gmng  towaite 
St  George's  fields. 

Att.  Gen.  What  did  he  say? 

Squire.  He  said  he  was  very  sorry  to  wtm 
me ;  I  asked  him  how  he  could  offer  to  M 
away  from  me ;  and  he  said  every  body  Jm 
would  have  done  the  same  in  his  condition,  anJ 
that  nobody  coukl  blame  him  fiirit;  and  that 
he  believed  my  lord  Carteret  wonM  not  blain^ 
him. 

J/f.  Gen.  But  why? 

Squire.   Because  he  looked  upon  himself  i» 

cli  a  bad  condition,  and  so  roueh  danger^  hB 
said,  nobody  could  blame  him,  beouMO  na  W90 
in  thatcondittoD. 

Priaoner.  What  conditKHiP  I  desura  toarfC 
you  one  question ;  Did  not  I  ask  yoo  to  i 
me  vour  warrant  ? 

Squire.   No,  you  never  asked  mo. 

Pritoner.   Did  not  I  ask  you  at  my 
house  P^S^atre.  No,  you  did  not. 

Pritoner.  Did  you  shew  me  yoor  i 

Squire.  You  did  not  ask  me  lor  it 

Primmtr,  Didi 
Ii 

ImdtodatoiaaMr 


socli 


It  BSK  ms  lor  n.  v 

ItollyotttbaraaHallifll 
■al  &lnotl»Mr«M 


JhfT  HtgJt  Treason, 

iCt  l*ei€t»Qn  sworn, 

T'  teTiion,  do  you  know  may 

In  cusli^iiy  at  my 
|uui»ie,  in  A  roam 

ftit.     J>o  yoo  know  toy  thing  of  his 
yf 
k  No«  I  irti  ibro«il  Ibeo. 

IdHik  upon  tfip  pns«>Der  at  the 
r«oienib«r  you  erer  wiw  him 

Ce.    Vci^  1  s&w  hlcn  ju«(  goiog'  into  St. 

Irem.  IIrI  any  (kmIv  l&t<c  him  there  ? 

U*  1  w««  it)c  6p(i  iliHl  took  him. 

Cim*   IV  lull  did  tie  say  to  you  when  you 

tfc  lie  ssUt,  ForOofrs  sake  let  me  i^o ; 
'4  it  wsn  an arrt^i :  \V  hy  then,  and  |)lea«ie 
ly  teird,  my  pirtner  CAnie  up,  and  nsiiked 
rtMrilirr  il  i«««  an  iurcitt,  aud  he  8aid  it 
I  iheti  Jookuig^  ubfnit  mr,  I  saw  an- 
i0ii  oofniiig  after  us,  %vbi>  was  the  met- 
It  ■■■Wit  tie  had  broke  out  of  the  mes- 
Wii9^  And  then  he  clapt  hiK  liand 
ii  podi«l»  and  polled  out  I  beheve  about 
fsineaii,  and  «ttid  we  should  take  whf&t 
11'  wa  would  let  him  go ;   but  we 

Amth^ny  Stephem  sworn. 
L  G«i«  What  did  Layer  say  when  he  was 

u  We  aakcd  him,  i«  it  for  an  arrest? 
■i^  b^,  it  b  an  arrest ;  and  when  he  saw 
'^pHR^  son  comjni^  alter  us,  he  would 
[  ttpfMisvfl'  we  pJeasett  to  let  btm  fro ; 
ItlliAB  that  he  niiid  thf  y  had  no  warrant, 
fiilfMil  know  that  they  could  keep  bim 
I  a  warrani, 
Pcafttfy.  My  lord,  we  have  gt>ne 
l|{k  mmmwidmoc^  and  shall  rest  it  here. 

9m  Mmmg&rford^  May  it  ples«c  your  loni* 
mA  yoo  gentlemen  of  the  jury,  1  am  of 
rf  for  llie  prisoner  at  the  bar ;  and  af\er  so 
m  0tW*iie«  hath  been  fliten  in  this  cause, 
km$  beoome  me  to  uraw  the  matter  in 
tiftiiimfia  point,  if  1  can,  nnd  thereby  to 
■■e  tm  your  lonlsbip,  tlie  jury,  and  Uie 
it  on  bw  ttidn.  My  lord,  the  prisoner 
liisaarf  «|ion  the  tEUtute  of  tlie  U.Mh  of 
■4  liioiUrri^  oommonly  calleil  the  statute 
PMitl«Blii\  t)tc  things  made,  or  rather 
ied  irvtMo  by  that  act,  are  6rit,  the  ot^m- 
Wfm  Untcinuif  the  death  o1  the  kioif,  or 
»  Mior  of  WiJa««  Then  the  statu U>  t^oes 
I  dUiianollwr  things  treason  which  relate 
•aibr  |M^»oo*o»  <c>mc  nt  ihr  royal  family  ; 
ftca  it  dfNdar^^  hi^wt-i,-^  u,*t  »t  is  treas4m 
isywarav'  ^c»     It  ianot  said, 

^  -  Isty  WOT,  but  ac- 

•1  •»  ^y  '^  o»»Jf  iliaJi  tit  tfetioo. 


>ii  IS  tfie  text,  vbis  the  law  upon  which  fh,. 
geotteman  at  the  l>ar  mutit  t>e  either  saved  o 
CiHi'lemned,  The  treascm  Isiid  to  his  charge 
in  coinpssstni^  nod  immfmint^  the  deiith  ot  iSe 
king  :  the  overt-atTts  luid  tu  his  chartfe  are, 
thai  he  did  consult  and  conspire  to  levy  war« 

That  hf*  did  publi!»h  a  certain  treason abt# 
libel,  purporting,  among  oth*r  tUiniys,  a  pro* 
mise  of  rewrtnl  to  bis  majesty -s  faithful  sub> 
jects,  to  rise  iu  arms  aud  levy  war  against 
the  kiug*, 

ThatTie  consulted  to  put  the  Pretender  upon 
the  throne. 

That  he  listetl  soldiei-s  for  him. 

And  the  last  overt^act  is,  that  he  consulted 
to  f*ei«e  and  imprison  the  kin^'. 

My  lord,  and  you  gentlemen  of  the  jury, 
there  is  no  evidence  of  any  of  these  orert  acta  * 
attempted  to  be  gi? en  in  evidence  agniust  him 
in  £s5ex.  save  rinly  that  of  publtshinff  a  trea- 
sonatte  liliel,  which  the  kioj^^s  counsel  in  their 
evidence  would  insinuate  to  be  the  Pretender's 
declaration.  The  evidence  of  the  other  overt- 
acts  are  mt^mpted  to  be  proved  in  Middlesex. 
And  in  rrufh,  the  i^reatesi  part  of  ihe  whole 
transaction  was  by  the  kind's  own  evidence, 
proved  to  he  in  that  Ciiunty,  and  I  wonder  the 
todictment  was  not  laid  ibf^re  ;  but,  gentlemen. 
Ihe  indictment  being  bid  in  Essex,  if  an  act  of 
hi^li- treason  is  not  proved  to  have  been  com- 
mitted hy  the  pristoner  iu  that  county,  he  moat 
be  acquitted. 

1  tniifht  here,  ray  lord,  insist,  that  an  actual 
levying^  of  war,  and  not  desi^fu  to  levy  a  war, 
being-  made  treason  by  the  statute  of  hrasona, 
tlie  publishing  a  paper  which  purports  at  the 
utmoa  but  an  intention  Ofdy  to  levy  war  or 
raii«  a  rebellion  is  not  treason,  and  conse- 
quently not  a  legal  overt- act  within  that  sta- 
tute, ThU  opinion  is  warranted  by  the  eicpress 
words  of  the  act  of  parliament  itself,  uhicli  is  a 
belter  authority  than  all  the  coinm<?niatoi^ 
Apon  it ;  tind  it  is  likewise  the  opinion  of  my 
lord  chief  justice  Coke,*  and  ray  lord  chief 
justice  Hales;  and  in  truth,  if  this  be  not  the 
true  meanui^  (\f  the  act,  one  paraffraph,  viz. 
That  which  declares  actual  levying  of  war 
treason,  is  superfluous  and  redundant;  for 
what  is  the  use  aC  making  actual  levying  of 
war,  or  a  rebellion,  a  distinct  species  of  trea* 
son,  when  the  intention  of  doinnf  it,  according^ 
to  s^^me  modeni  doctrines,  wiis  hi^h- treason 
within  the  fint  clause  of  the  act,  viz,  Ima- 
ginios;^  the  death  of  tlie  king*?  This  opinion 
likewiHc  8€»"n»»«  to  be  confirmed  hy  the  two  sets 
of  fiatham^t^'  ""*^  -n  ijueen  Rlicabnh'a  time, 
Aod  one  ii)  1  ten  the  second^f  where 

eousuhing  v-i  i:.,..  Jufr  to  levy  a  war  or  raise 
arebelhon,  in  made 'high -treason  duriuif  the 
livea  of  them  two  respciUive  princes,  lor  which 
tentporary  provision  there  would  be  no  reason 
if  the  bw  were  so  before.  1  know  what  hath 
been  said  to  some  part  of  thia  matter,  that  the 

*  CokeV  lostit,  ch,  1,  p,0,  and  JO,    Sile^i 
Pleas  of  the  Crown,  p.  13. 


8SS] 


9  GEORGE  I. 


UfjiDg  of  war  metat  in  the  ttetute  of  S5  of 
Ediward  tbe  third,  was  not  meant  of  such  a 
rebellioD  as  was  levelled  against  the  king's 
person,  crown,  title,  or  gofemment;  but  of 
such  public  commotions  as  disturbed  the 
peace  of  the  kin^^om,  is  the  polling  down 
of  inclosures,  which  was  the  case  in  queen 
iSlizabeth's  time,  or  of  pulling  down  bawdy* 
liouses,  which  was  the  case  in  Charles  the 
tecond*s  time :  but  to  shew  how  unnatural  a 
construction  of  the  words  *  lever  le  guerre,'  it 
is  to  say,  that  it  relates  onljr  to  such  riotous 
commotions  as  1  hafe  mentioned.  Gife  me 
leave,  my  lord,  to  make  but  one  observation. 
The  statute  of  treasons  is  penned  in  the  French 
of  that  age,  and  the  words  of  the  statute 
*  lever  le  guerre'  agminst  the  king,  1  have  here 
within  the  reach,  in  court,  a  book  of  very 
great  note  and  good  authority,  it  is  the  history 
of  Froissart,  who  writes  tbe  history  of  Eng- 
land, France,  and  Spain,  from  the  year  1326, 
to  the  year  ISiO,  and  dedicates  his  liook  to  that 
very  king,  viz.  Edward  the  third,  in  whose 
reign  the  statute  of  treasons  was  made,  and 
in  this  whole  book,  *  lever  le  guerre,*  is  con- 
stantly mentioned  to  denote  a  public  stated 
war ;  and  in  this  sense,  it  is  likewise  taken  by 
Du  Fresne  in  his  Glossary,  vol.  9,  pag.  S55. 
— i  only  hint  this  matter  to  your  lordship, 
for  1  well  know  what  determinations  my 
lords  the  judges  have  of  late  years  given  upon 
this  objection ;  but  I  humbly  hope  that  there 
will  be  no  occasion  Ibr  an  entire  dependence 
upon  this  objection  in  this  case,  for  that  I  hope 
it  will  appear  both  to  your  lordship,  and  the 
jury,  that  no  such  overt- act,  as  is  laid  in  the 
moictment,  that  is,  publishing  the  Pretender's 
declaration  at  the  Green  Man,  is  at  all  proved. 

The  evidence  given  touching  that  matter  is 
only  by  Mr.  Lynch  ;  and  he  gives  an  account 
that  the  prisoner  and  he  met  at  Aldgate,  in 
order  to  go  to  the  house  of  m^  lord  North  and 
Grey  at  or  near  Epping:  m  the  course  of 
their  journey  thither  finding  themselves  too 
late  to  be  at  my  lord  North's  by  dinner ;  they 
caHed  in  at  the  Green  Man,  and  there  got  a 
beef-steak :  and  before  it  was  brought  up  the 
prisoner  gave  Mr.  Lynch  a  paper,  which  Mr. 
Lynch,  and  not  the  prisoner,  calls  the  Pre- 
tender's Declaration:  Mr.  Lynch  reads  only 
one  paragraph  in  it,  whereby,  as  he  says,  the 
soldiers  were  tempted  to  be  allured  from  his 
majesty's  service ;  this  is  the  whole  evidence 
given  touching  any  offence  committed  in  the 
county  of  Essex:  for  as  to  any  treasonable 
discourse  l»ctween  Aldj^ate,  and  the  Green 
Man ;  they  cannot  in  justice,  and  without  a 
particular  proof  to  that  purpose,  be  charqfed 
upon  the  prisoner  to  be  done  m  Essex,  a  threat 
nart  of  the  wajf,  viz.  from  Aldgate  to  Bow- 
Midge,  being  in  Middlesex,  and  not  in  the 
oannty  of  fissex. 

In  the  first  place,  therefore,  gentlemen  of 
tbo  jury,  we  hope  there  is  no  evidsneo  to  eon- 
▼inoa  you  that  any  tnah  dedaration  wh  pub- 
Babed  at  all ;  and  yet  leedadlj.  If  *««  ^ 
a  paper  read Ihte,  fmpfutwmimm'' 


Trial  of  Christopher  Layer ^  [S 

act  of  high-treason;    The  time  thai  tke  w 
soner  and  Mr.  Lynch  staid  at  the  Gracn  Ma 
seems  to  be  very  short,  their  stay  wan  ■•  ahi 
that  there  was  no  evidence  that  their  hon 
were  put  up:  the  beef-steak  was  beapokabalb 
they  went  into  a  room.    Mr.  Lwnoh.ean 
down  twice  out  of  the  room;   be  \amm 
admits  onoe,  besides  his  gaping  at  noMi  pa 
sons  in  tbe  yard  whom  be  knew,  bifcia  Ih 
beef-steak  was  brought  up ;  and  jre^  bsfci 
the  beef-steak  was  brought  up,  this  dadbn 
tion  is  pretended  to  be  published  ^  forny'pai 
considering  how  little  time  there  waa  ler  aai 
a  transaction  as  this  is,  I  cannot  think  iIm 
could  be  any  such  thing  as  that  tranncM 
that  time,  the  compass  of  time  would  barl 
allow  it ;  whatever  was  done,  is  adnsitlei  k 
all  hands,  to  be  done  before  the  beef-ateik  « 
brought  up,  and  the  other  inddenta  may  ffi 
well  oe  supposed  to  take  up  all  the  tine  b 
twixt  tbe  bespeaking  and  disning  up  the  baa 
steak ;  so  there  could  be  no  time  for  ao  i 
an  act  as  publishing  a  declaration  to 
three  kingdoms.    But  in  the  aecohd 
the  prisoner,  which  1  don't  admit,  did  gh 
Mr.  Lynch  any  paper  to  read,  a  parunaf 
whereof  was  to  the  purpose  Mr.  Lynn  n 
lates;  yet  such  paper  cannot  be  imputed  to  tl 
prisoner  as  an  act  of  high-treason,  there  we 
but  a  few  lines  of  the  paper  read,  and  the  re 
were  not  read  at  all,  either  by  Mr.  Lynch,  i 
the  prisoner ;  and  I  never  knew  that  part  of 
deed  or  writing  was  ever  allowed  to  be  given  i 
evidence,  without  producing  or   reading  tl 
whole.     In  the  case  of  my  lord  Russel,  wh« 
the  declaration  for  rebellion  was  assigned  as 
act  of  high -treason,  the  whole  declaration  v 
proved  to  be  read,  and  not  a  part  only ;  r 
vet  even  that  evidence  was  upon  the  revolu' 
m  the  first  year  of  king  William  and  qv 
Mary,  looked  upon  so  imperfect  an  evidem 
high-treason,  that  for  that,  and  other  reaf 
my  lord  Unssers  attainder  was  reversed 
have  a  copy  of  tbe  act  of  parliament  ff 
reversal  here  attested,  and  we  are  res* 
produce  it  if  your  lordship  thinks  fit.-^ 
ne  said  that  the  prisoner  giving  Mr.  Ly 
paper,  of  which  he  reads  only  a  few  line 
then  the  prisoner  takes  it  up  again,  is 
lishing  of  a  treasonable  paper,  or  in  ti 
publishing  of  any  paper  at  all  ?    Dech 
fur  rebellions  ore  commonly  published  i 
places,  to  captivate  multitudes,  and  not 
from  one  man  to  another  when  they 
pecting  a  beef- steak ;  there  was  no  s 
or  solemn  meeting  at  the  Green  Man ; 
course  of  |»eople  there,  neither  in  f 
Mr.  Lynch's  own  evidence,  can  it  br 
be  a  real  declaration ;  for  he  says,  as 
her,  in  that  paper  it  was  mentioned 
lord  Cadogan  was  in  custody;  tti 
uueriy  false,  hit  lordship 


yor^IJigh  Treason^ 

srr   _'  mmI  tttbotirei)  un<)er 
kli  Micertanity  tUrre 

kigiiMrt'Lisuij,  nnd  wlmt  wag 
lie  ik«rii«tD^'Dl  liit^reupod,  to  ease  the 
|^i^L.f>^ple3(tlyt  in  the  Solh  of  EtU 
^^^^K*|itt%«cil  liie  laiv  of  li  eauons,  tor 
PIPfBlile  tbcfn  yiaiit  a  great  sum  ot' 
g  «u«t  ftir  \%liii'h  tlmt  patliaiiietil  wnn 
».»-<!  'imfliafiMfriinin  beatuin),  ftiitt 
mtifi  doihf  though  perhaofl 
iliitll  be  interpreted  to  te 
LmI^  U^h-trt;ui(on»  the  subjerl  will 
llie  tttrne  i aeon retiic nee,  and 
^«ime  pernlexjtK^,  as  iJiey  wiie 
■.laloles  or  trca^oui;  tliis  practice 
'  inproted,  that  it'  a  man  delivers 
[tellM  l9  atiotber  to  be  read,  that 
tied  wn  overt- act  of  hig^h* 
more  if  pei>pte  in  their  cupi 
ach  health*,  as  were  said  to  be 
ny  lord  North  aad  Grey's  house; 
^di'UY  but  thai  *  biberc  est  a^ere/ 
"  «re'  in  i  tiii«,  my  hird»  in  all  that 
i  present  coi>cei  titu^  the  charfife 
dn  ufH^ti  the  prisoner  within  the 
rx  ;  »ud  if  there  be  no  charge 
I  him  there,  the  evidence  tfiven 

w  hftl  he  did  or  said  etsewhere^ 

*  nothmg. 

May  it  please  Yonr  lordship, 

mcfi  fii  the  Jury,  I  hkewise  ap- 

i        '  ^      the  prisoner,  who  haT- 

to  this  indictmeDt,  1 

^  ' '     found  otherwi£:e^ 

;ned  tor  him  by 

.  utices  i)f  bis  case 

Mrue  and  cle:ir  a  Wi^hi  an  I  can, 

pur  roiinisteratioti  what  may 

ind  legally  coo* 

rnce. 

»  him  m  of  the  highest  na* 

'  Kn^tand  know  ;    *  crimen 

itla;*   nri  le<(S  ihan  the  con Rpirinfi^ 

i«i>e  (hi'  destth  of  the  king  ;    and  as 

tie  of  any  aggravation, 

uy  thiiii^  that  we  can 

b(/pe  your  lurdbhip,  and  the 

iry,  will  expect  the  strongest 

Ftff  llii>  ca^ie  udtnlts,  such  *h 

^t^ and  in,  in  %omv  uukiijure,  pro- 

L*»^'"'"  '   "  '^flhe  otic  lice. 

1  which  the  pri- 

.  tiii  of  BthvHrd  S* 

to  niiikc  hiNi  a  iuiiit*-d  there 

^aci,  and  thiii  ovrrt  act  must 

J  pri»ted  :  *  £t  deceo  pro? a* 

t  de  overt  tait/ 

r,  Id  bti  third  luJititute*,  fol.  15, 

pt^Upm  thnt   net,  explains  the 

E'  ^ving  it  mutt  be 

>\\  not  ti[«»o  con- 

l»ri»    *tr  iiiirri»nce,  or  Mraiii« 

fK»l     bo    •  cotiimune  argu- 

^l  other  statutes  have 
ttic  siih|«ct,  uid  [itr  re 


A.  0.  I'm* 


[«38 


gntattng'  trials  io  casea  of  high  treason  :  par- 
iieularly  the  late  Ktatute  Tmo  Guhelm*  S, 
which  enacts,  that  there  must  be  two  lawful 
witnesses  to  the  same  overt  act ;  or  one  of 
ihem  to  one,  and  the  other  of  them  to  another 
overt  act  of  the  same  species  of  treason  :  ami 
that  no  evidence  shall  be  admitted  or  given  uf 
any  of  ert  act  that  is  not  expresetly  laid  iu  tlie 
luilictment* 

I  think  we  need  not,  at  present,  enter  loto 
the  whole  of  the  case,  or  trouble  the  Court  with 
a  )on^  detail  of  circumstances  and  many  wit- 
nesses ;  but  rather  cbuse  to  leave  that  on  the 
foot  Mr.  HuDgerford  hath  put  it  for  your  lor<U 
sbiD*e  cooslderatiou. 

II  mast  be  admitted  to  us,  that  if  the  prisoner 
is  not  guilty  of  an  overt  act,  legally  proved  to 
be  committed  in  the  county  of  Ei^ex,  where 
the  species  of  treason  and  all  the  overt  acts  io 
the  indictment  are  laid  }  though  all  the  other 
fttcts  in  JMiihllesejc,  or  at  Rome,  or  any  where 
al«)e,  should  be  never  so  clearly  made  out,  yet 
they  do  fail  upon  this  indictment,  and  tlie  pri- 
soner  must  be  acquitted. 

What  have  they  to  charge  him  with  such  an 
overt  act?  Nothing  but  Uie  single  evidence  of 
Lynch  1  He  is  tlie  only  person  that  speaks  to 
this  point.  He  says,  that  they  set  out  from 
Aidgate  in  order  to  ride  to  my  lord  North  and 
Grey's,  and  alighted  at  the  Greeo  Mau  ;  that 
what  discourse  passed  between  them  there  was 
before  dinner :  he  owns  be  went  downstairs 
twice  before  dinner,  and  spent  some  time  in 
looking  out  of  the  window,  to  see  some  persons 
with  whom  he  was  acquainted,  and  when  the 
dinner  (which  was  soon  got  ready)  was  brought 
up,  Mr.  Layer's  servant  came  and  waited,  and 
DO  diMTOurse  passed  there  during  that  time  ^  he 
tells  you,  that  Mr.  Layer  puHcd  a  paper  out  of 
his  pocket,  and  shewed  it  to  the  witness,  who 
read  part  of  it,  and  that  it  contained  I  reason - 
able  matter,  as  laid  iu  the  indictment :  this  is 
the  substance  of  what  Lynch  swears,  I  took  it, 
as  well  as  f  could,  in  writing  from  his  mouth. 

Now,  my  lord,  is  this  sufficient  to  convict 
this  ^entlciimn  of  commitiiDg  an  overt  act  of 
high  (reason  in  Essex?  A  bare  pulling  a  paper 
out  of  hiH  pocket,  and  giving  it  him  to  read, 
where  vueh  and  such  a  thing  is  set  forth,  as  by 
him  is  called  a  tretu^onahle  declaration  I 

My  lord,  if  he  hud  pulled  out  of  his  pocket 
the  must  treasouuble  paper  that  ever  was  jo< 
vinted,  is  it  uny  more  thuu  pubhbhing  a  libel  f 
Is  ihat  an  overt  aut  of  treasoit  P  I  will  suppose 
it  a  copy  of  the  Fretcnder'iJ  declarattoa,  or  an 
original,  such  a  one  as  was  burnt  by  the  sherifls 
of  Lotidim  two  days  ago :  if  a  tnan  had  that, 
nnd  pulM  it  out  of  his  pocket,  and  gave  it  to 
auoilier  to  read,  is  this  high  treason  ?  1  dare 
say,  if  any  such  person  tails  into  IMr*  Attorney** 
bandit,  he,  that  always  does  his  duty  to  the 
crown  Rs  he  ought,  wdl  go  no  higher  than  an 
information  for  puhllNhing  a  libel  i  and  all  this, 
my  lord,  is  upon  a  supposition  that  the  facts  are 
true  wt  '  '  '  '  fcworn  by  Lynch;  but, 
on  I  Ik  'ore  are  so  rAany  unao* 

couatau*^  *  41V  wii»^>  «<*c«s  in  the  ridatioiiy  Uiat  in 

e 


S39] 


9  GEOKGE  I. 


Trial  of  CkrutajAer  Latfer, 


[WO 


I 


affair  of  that  coo«equenee  ftbould  be  tranf&cted 
in  such  n  (jiace ;  in  so  bbort  a  time  ;  upon  «uch 
tin  accideuUl  bait ;  when  one  of  I  be  cun»)iira- 
tors  wa«  either  i;azi[it(  at  the  i^'iodow,  or  run* 
ninc^  up  or  doHti  stairs  the  ^reatetit  part  of  the 
while,  and  other  f>ei-fions  were  continually  go- 
4ntr  hackwardii  and  forward*^  into  ilie  riM»jii,  or 
MrithiQ  hearjrttj  of  every  word  that  ^ Missed  there, 
we  ihiuk  it  carries  with  it  such  au  air  oK  im- 
probability^  that  no  reasonable  man  cati  give 
credit  to  it^  rnuL-li  less  couviet  a  person  of  bo 
great  a  crime  upon  aucti  evidence. 

But  suppose  what  passed  at  the  Green  Man 
(which  I  am  very  far  from  adoiiiting)  should 
be  adjudg^l  an  overt  act  of  hig^h  treason  :  how 
ft  it  proved  ?  Ou\y  by  one  wilues^i ;  one  sin^^le 
Witntfss  to  the  fact  in  ibis  county  1  The  law  re- 
quires two  witnesses  to  convict  a  man  of  high 
treason,  and  that  the  jury  should  he  returned 
out  of  thut  county  where  the  facta  are  laid  ;  *■  de 
»  vicineto :'  because  the  law  supposes  tbetn  more 
conusant  of  the  circumstnnceiof  a  case  which 
^mribes  in  their  neisfhUiurbood  :  hut  if  the  proof 
of  one  overt  act  in  the  county  where  it  is  laid, 
by  one  witness,  should  be  sutficient  to  let  thtni 
in  to  prove  other  overt  acts  in  dijitantcounirieif, 
or  in  foreign  kini^d^inus,  these  fundamental  iii]e« 
of  Jaw  would  be  totally  suhverleit :  how  is  it 
possible  for  a  man  to  provide  or  defend  himself 
ag'ainst  such  a"  attack  ?  It  iii  spriugint;  a  mine 
ujwn  hirn  1  Hudden  and  unrxpecled  ruin! 

Mr,  Attorney  wonH  shew  any  precedent, 
where  it  ever  was  alloived  to  be  g^ood^  that  one 
wiioeaw  tnig^ht  pn>\e  the  overt  act  in  the  county 
where  it  is  laid,  and  that  then  they  might  t(ive 
evidence  of  overt  arts  conmiitted  m  any  other 
county:  if  your  lordship  is  of  opinion  against 
us  in  Uiis  piriicular,  iheu  we  must  be^  leave  to 
go  farther  I  and  observe  u|H)n  the  rest  of  the 
wilckeasea  they  bnve  calleil ;  not  only  to  take 
oflT  their  credjl,  but  to  conlradicl  tbeoi  m  a  great 
measure. 

There  hath  been  a  ereat  deal  of  other  evi- 
detice  giten  by  ihein,  but  we  must  submit  it  to 
your  lordship,  whether  it  is  material  his  escap* 
injjf  from  the  uiessenger's  Imuse,  and  his  l»eing 
ibken  in  8t«  Geurj^e^s  tields  ;  and  the  evidence 
tN^int  to  run  thin,  or  elae  I  believe  they  would 
nut  have  troubled  the  Court  to  call  those  pcr- 
lons  to  chat  which  is  no  ways  conducive  to  the 
point  now  in  judi^ment ;  il  your  lordship  in  of 
iipitiion  with  us,  that  this  i^  uot  an  overt  act  in 
£ssex,  and  let^ally  proved^  bein^  there  in  but 
one  witness*.  au>l  at  tended  with  such  circum- 
itaoces,  then  tlie  matter  is  at  an  end  ;  but  if 
your  lordnhip  is  of  another  o|)ioion,  then  we 
Auat  beg  leave  to  go  on,  and  likewise  to  offer 
what  Me  have  froto  the  mouth  of  our  wit- 
nesses. 

L*  C-  J.  You  must  go  on,  you  have  mixed 
your  disGour»e  so  that  nobody  knows  what  to 
make  of  il  ^  sometimes  though  the  fact  are 
dear  as  lo  the  overt  act,  you  have  said  sku  much 
agaioat,  a»  for,  the  improliability  and  nature  of 
tho  thing,  in  point  of  law,  aa  for  the  other.  I 
don't  see  how  we  shall  eumo  at  it,  uftleiat  you 
go  Uiruugh  the  cuuse. 


Sol.  Ctn.   My  lord,  in  the  obsenratioos  th 
have  hrlherto  made,  they  have  mixed  <  " 
as  to  the  fact^  tojv'ether  witli  ^ome  fliiatt«r»  i 
Uwj  that  scemvd  to  W  HMoedat,  and  fixed  uM 
no  point;    to  which  we  cannnt    '" 
cular  answer;    therefore  we  i 
go  through  their  %f  hole  caae^bt^b  .^ 
any  part  of  it. 

Mr.  Hunger fttrd.  Since  it  is  your  lortlsbip^i 
pleasure  that  we  shall  now  i^o  on,  1  shall  pn 
ceed  to  make  some  observutjon^  upon  the  n 
of  the  eiideucc  given  against  the  priamier  I 
the  bar  out  of  the  county  of  Easex^    Tbei' 
servations  which  I  shall  make  will  be  in 
general  only,  for  I  cannot  descend  lo  all  i 
particular  tasiaiices  of  the  evidence  gtf 
tug  not  taken  pru|»er  notes  for  that  pf 
for  I  depended  upon  the  insu6icietic| 
evideur43  given  touching  any  act  of  big 
son  b^ing  committed  in  Etisex ;    and   I 
that  ti'oni  that  very  circumstance  the  priaoocr 
would  have  been  acquitted;    but^  howu 
know  the  learned  gentleman  who  is  jnind 
me,  baih  taken  very  exact  notes  of  l^ 
evidence,  and  therefore  what  I  omit,  1  i 
sured  he  will  abunfUntly  supply. 

The  second  \vitnes5  proiiucfff  agaiuat  ih«f 
soner,  is  Mr.  Fhinkett,  who^ie  evnlencc  1  ihii 
ought  to  weigh  but  very  liule  with  any  jiuli 
tu re  whatsoever;   the  prisoner's  meeiing  wil 
this  man  was  very  accidental  in  Liiicolti'a-tti 
fields*  when  they  did  not  know  each  other,  I 
yet  ihey  itnmedmtely  entered  into  a  diseour 
of  raising  a  rebellion,  and  overturning  two  king 
dutus,  and  that  ^reat  secret  of  knoiiing  wf 
was  to  be  the  general ;    though  Mr.  Lyncl 
alter  lungacqimintance  with  the  [insoner.cou' 
not  get  it  out  of  liim  ;  yet  it  was  communioati 
to  the  eminent  wiiueas  Mr.  Fltinkett  at  th«  fir 
interview,  w  itli  an  addition  of  mentionmg  the 
names  of  two  very  great  men  more,  the  earl  of 
Sti-aftbrd  and  general  Webb^aa  well-atfected  to 
the  uudtrtaking :  but  that  noble  earl's  and  great 
general's  services  to  their  country,  are  iOf»  well 
known  to  be  blemished  by  such  an  incredible 
evidence.     After  s^une  discourae  be»wi\t  the 
prisoner  and  Plunkett  atmut  the   undertaking, 
in  which  there  was  an  incident  of  a  disc«nir(*e  of 
another  nature,  whether  the  Luibenm  religion 
were  not  preferable  to  llie  Popishi*    And  aAer^H 
(a(«  Flunkti'U  say%)  the  pritkom-r  bml  CiimmuiUtf^^ 
eated  to  him  an  intention  of  nivading  the  king«^ 
dom  by  some  persons  from  abroad,  tlie  prisoiirr^ 
in   a  very  ^real  fit  of  bcHinly,  presents  Mr. 
Plnukett  wuh  tlie  sum  of  haii'a  crown*     This 
relation  seems    to   be  so  im[irobah)e,  and  in 
truth,  is  delivered  (or  rather  slammere<J  out)  in 
so  wretL4ied  und  incoherent  a  manner,   that  I 
lielieve  that  no  one  that  heard  it  b<:hevea  a  w ord 
of  it. 

The  truth  is^  I  lie  scheme  itself  teetiM  railior 
lo  be  a  chimerical  plan  of  some  craxy-p^ted 
politicians,  than  a  solid  (iroject  of  vkity  tiien  of 
sense,  or  iu  their  wits.  VVhnt  undertaking  can 
there  be  so  improbable,  as  that  laid  down  by 
this  scheme,  viz.  seizing  the  general  ol  the 
•rmy I  msmu$  the  To  wer»  ieizlog  tlie  £xcli«iig% 


^wkm^  the  Bmie  #f  England  ;  atid  all  this 
^jAtfo«5e  whicli  dciefl  noiajipear  to  consist  of 
■■^iltf^e  or  ioar  ineaf  ami  for  money ,  the 
^^^Km  of  W«r,  lii*^  nf^mn  to  be  no  great 
^BEkvCtkai  ;  P'  m  '  :  I  >  i  ,ho\il  half  a  crown 
HMWBltiiie,  aotl  i  at  another;  for 

^Bli  thi^  iptuaea  jptjrejs  gave  him,  it  doib 

Ml  ifliiei  tJie    prbocier.      Mr.  Lyncb  indeed, 

«^  «Kf»«  lo   b^  a  man  of  g^reater  weighty 

tf^Vnt  fre^ueiii  rej»ealirig  biniself  to  be  very 

^— iaBii|,  g'ol   abciiit  sei'en  or  eight  guineas*      1 

^■ViiM  ibe«e  lUing^,  gentlemen  of  tlie  jury, 

^BliAfl»  bow  itnptnibable  tilts  part  of  the  efi- 

V  ima  k  I'  lud  we  boj»e  to  make  it  ap- 

m  fOMlD  you  le  more  so,  hy  the  evidence 

'      vedk^i   [iroduce  to  tbe  reputatioo  of  the  wit- 

I         M  U>  lb«  p«pcra  of  all  kinds  produced  as 
mAfoe^  mgainst  tbe  prisoner,  we  hupe  he  can- 
mhi$  mflecied  by  tbem,  none  of  tuem  beings 
imcil  to  bis  of  ms  hand  writing ;   aa  to  the 
m  fbtmil  in  the  prisooet^B  house,  they  are 
i#a«rt  lb«o  what  sfeiitiemen  usually  have  for 
ipM^fiee  of  their  taoiily ,  or  their  recreations ; 
mi  m  for  bis  bdag  at  *Roroc,  it  is  admitted 
iidllifi  cvideoce  is  not  given  es  a  fact  of  high- 
lannt    50  out^ht  ri<>t  to  be  considered  as  any 
in  the  prisoner'8  guilt:    As  to  the 
r'm  endeavouring  to  escape,  it  i^  no  evi- 
tnf  the  prijioner's  ^uilt;    I  do  not  eater 
llie  cooMderation,  tvhttlier  the  custody  of 
■MCDi^cr  1^  a  It'^oI  prisun,  or  no  ;  but  there 
piliardly  •  AM  jnder  any  confinement 

t^  but  irou: Jy  escape  into  liberty  : 

I  Um  prisuncv  haih  sulfered  already  for 

Eeoce*  if  it  be  one ;    he  hath  been  put 

FlnNkt^  and  hia  attempting  to  escape  is  the 

I  that  m  a8*<i^ued  for  it. 

aa  aomcthiog  spoke  in  the  introduc- 

1 1»  ibis  acGutaiitm  which  was  very  remark- 

,  fix*  Itial  »t  waa  a  design,  if  it  had  took  ef- 

^  diAt  would  have  enga|^  the  whole  nation 

1  would  hafe  destroyed  our  ciiil 

rights  :    We  who  are  of  counsel 

uer,  have  as  great  an  abhorrence 

radiiag  of  that  nature  aaaoy  men  can  have : 

lyK  wt-  bo[ie,  that  mankind  is  not  to  h^.  led 

ritb  ihew  and  colour,  but  to  be  guided 

00  mud  umttemof  fact.      Is  it  (lOfgible 

F^lht  peoiile  could  have  been  raised  into  %  re- 

llfta*   Djf  *   Droelamatiou  wUkh  was  never 

It  toy  Mr,  Lynch 's  reading  two  or 

htm  HmcM  of  it  f    And  w  hich,  by  BIr,  Lynch** 

9m  cviileocc  (ivhioh  1  forgot  to  remark  before) 

^  tflipcrf <rct  i    for  he  »ayt|  Ihat  the  prisoner 

I  Hibto*  be  tntcndod  to  put  it  in  the  Pretender's 

■i^  wbich  il  seems    was  not  theo    done ; 

\  llicrvlbnB  what  was  produced,  was  at  the 

I  •!»  loipcrfect  pi*^ce  only.      Or  that  the 

vat  tba  bar.  a  innu  ut  u  i^t^itilt'jiinii-like 

bttly.  itutrri!  1   estate 

9Qm  wikM,  •  ^    ;    :      I    or  nu- 

00  provision  of 

stiould,  with   the 

<if  a  byrulit  tif  ptipers,  and  of 

i  Phinkttt,   oTenuru  and  en- 

Bli  kingdum.      God  he  thanked, 

Sfl. 


« 


the  Protestant  British  government  is  not  so 
easily  to  lie  hroug^ht  lo  destruction :  thcy  might 
much  sootier  (ami  yet  I  think  that  very  di%« 
cult  10(»)  have  lM>rrowed  lOO^OOo/.  of  the  Bink  ^ 

of  England y  upon  the  Nlind  notes  which  they     ^M 
liave  produced,  sent  by  sir  Williaui  Ellis,  than     ^M 
have  nrouglit  about  a  revolution  in  this  kin**      " 
dom,  with  ^uch  materials  as  they  seemed  to  be 
posse&setl  of 

These  things  therefore,  my  lord,  I  urge,  are 
circucn)JtunceH  wbich  render  all,  or  the  greatest 
part  of  the  evidence  given,  very  improbable. 

I  shall  close  the  whole  with  two  paragraphs 
of  a  speech*  made  by  one  of  your  lonkhip's 
predecessors,  my  lord  chief  justice  8cioggs, 
sitting  in  the  same  sacred  seat  of  justice  where 
your  lordship  now  sits;   the  words  are  these: 

**  If  once  our  courts  of  justice  come  to  be 
awed  or  swayed  by  vulgar  noise,  and  if  judges 
and  juries  sliould  manage  themiielves  so  as 
would  best  comply  with  the  humour  of  the 
times,  it  is  falsely  said  that  men  are  tried  for 
their  lives  or  fortunes;  .they  live  by  chance, 
and  enjoy  what  they  have  as  the  wmd  blows, 
and  with  the  same  certainty. 

*^  Let  us  pursue  the  plot  a  God^s  name,  and 
not  baulk  any  thing  where  there  is  danger  or 
suspicion  upon  reasonable  grounds  j  hut  not 
so  overdo  it,  as  to  shew  our  zeal,  we  will  pre- 
tend to  find  what  is  not ;  nor  stretch  one  thing 
beyond  what  it  will  bear,  to  reach  another/* 

Mr.  KeUibey,  I  must  beg  leave  to  go  Q\% 
where  I  kfi  off  with  Lynch'e  evidence. 

All  Plunkett  salth  was  in  Middlesex;  but 
whether  he  is  a  credible  witness  you  will 
hear  by  and  bye.  I  cannot  but  take  notice  nf 
one  thing  which  is  unaccountable  in  his  evi- 
dence, and  renders  it  impossible  tu  be  true  :  He 
gives  vou  an  account  of  a  letter  which  he  re* 
ceived  about  ten  weeks  ago ;  be  is  very  po- 
sitive as  to  tbe  words  of  the  letter,  1  asked 
him  over  and  over  again  to  it,  be  repeatji  it  as 
such ;  when  we  examined  bim  farther,  it  ap- 
pears that  he  could  neither  write  nor  read ;  and 
now  became  to  remember  so  perfectly,  wbeo 
be  could  not  write  nor  read  himself,*  is  very 
strange.  Why,  saith  he,  it  was  read  over  to 
me  twice,  and  we  have  heard  him  repeat  it  three 
times ;  and  I  appeal  to  the  jury,  if  any  one  of 
ibem  can  take  upon  bim  to  repeat  *it  ogaia 
witli  that  exactness  the  witness  pretends  to  do. 

Is  it  not  ccpially  strange,  my  lord,  that  Jef- 
freys, a  man  of  letters,  the  first  time  he  saw 
him,  an  itrnorant  common  scrjeant  in  the  army, 
shouhl  iiuuiedtutely  fall  into  a  iliscourse  with 
him  about  u  plot,  and  raising  a  rebellion,  as  if  he 
bad  before  been  intimate  with  him  ?  80  like- 
wise, be  saith,  of  Jamt!»  Pluuketl,  ttie  i^ame 
day,  tbe  first  day  be  caiue  lo  him,  be  came  ta 
his  own  house,  and  there-  talked  tu  him  about 
this  affair  ;  as  if  they  had  nothing  else  to  talk 
of  but  rebtfllion  againnt  the  govern  men  t.      And 

*  Lord  Cliitif  Juttice  Scroggs  his  sncecb 
the  first  day  of  Michaelmas  term,  IGfO.  rrint- 
cd  that  year.    Farmer  EdUim* 

R 


4 
4 


243J 


9  GEORGE  I. 


Tiial  of  Christopher  Layer ^ 


[244 


I  submit  it  to  your  lucdsliip  and  the  jury,  whe- 
ther it  is  likely  «ir  possible,  that  any  man  ot' 
coiiiinon  sense  shuultl  subject  liiuist-'lf  in  so 
cbiii^iTfJUS  an  afl'air  lo^iiother  ihat  was  an  utter 
Strang er  to  him :  But  here  he  t;ives  you  an 
acr.tuiit  of  tivt>  several  persons  untler  the  same 
iiii|it-iulenre,  the  same  iniattiatiou,  James 
I'lu^i'-:-  It  auil  the  non-juring-  parson.  Desuli'S, 
there  is  a  inauilL-si  contiaUieiiuu  in  hi«  evi- 
dence: fur,  at  first  he  tsaid,  that  the  non- 
jui-in;;f  parsou  told  him  his  nauic  was  Jeffreys 
the  lir>t  time  he  saw  him  ;  and  afterwards 
\mi\\r  cioss-exairiiiit'd,  he  said,  the  first  time 
he  kiicw  his  iiaiiic  to  be  so  was  upon  the  re- 
ceipt <d'  his  letter,  and  tindin>;  the  uame  so 
subscribed. 

The  next  witnesses  ^ave  an  account  of  the 
seizing  the  papers,  and  then  31rs.  Mason.  We 
a.sked  iter  it  those  pajiers  had  been  seen  by  any 
body  since  she  had  them,  and  whether  she  had 
bhowu  thcoi,  or  any  other  papers,  to  sir  John 
Meeres,  or  any  of  his  servants  ?  She  positively 
denies  it,  and  sailh  they  were  not. 

I  don't  know  \^hetlier  iliese  papers  were  seen 
by  any  body,  for  we  have  not  one  word  of  them 
in  our  brieU,  and  the  very  i)roducin^  tliem  is  a 
Ktirprize  to  us ;  lot  we  shall  pro\c,  that  this 
woman  shewed  some  paj)ers  to  sir  John  i\lecre\s 
or  his  man,  and  that  thereupon  notice  Mas 
^^Ivei),  and  the  jiapers  soon  after  seized.  But 
whether  thc<.e  are  they  or  nt>t,  1  cannot  tell. 
I  observed  before  upon  the  evidence  of  Mr.  De- 
lafaye,  Mr.  Slanyan  and  Mr.  Dovley  ;  a:;d 
though  your  lo:(l;shlp  was  of  opimon*  that  it 
was  sufficient  to  h&ve  the  paper  called  the 
t>chcme  read,  yet  we  hope  it  is  far  from  bciu^ 
u  conclusive  evidence  a^-ainst  the  prisoner,  it 
DOtbein^  found  in  his  custody;  and  ue  shall 
produce  several  viho  now  are,  and  for  many 
years  have  been  well  aci^uainted  wi;h  his  hand- 
writing, who  will  ;;;ive  your  lordship  their 
thoughts  of  it.  1  believe  i\Ir.  Attorney  uould 
not  have  endeavoured  to  call  witnesses  that  it 
was  si<^ni'd  by  him,  and  was  his  own  hand- 
writing, if  he  had  not  thou;^ht  it  material :  yet 
wc  hope  that  whun  our  witnesses  are  heard,  no 
credit  will  be  given  by  the  jnry  to  it,  as  a  fact 
to  cbarg;e  the  prisoner.  We  shall  g-ive  you  an 
account,  if  my  instructions  arc  true,  that 
Plunkett,  IjNneh,  and  Mrs.  Mason,  who  arc 
the  persons  chiefly  concerned  in  the  course  of 
this  evidence,  arc  of  so  scamlalouH  and  vile  a 
character,  that  no  re(<;ard  at  all  is  to  be  had  to 
their  testimony.  The  most  honest  men  may 
mistake  in  their  evidence,  as  Mr.  Stauyan  is 
pleased  to  i^jiy  ;  if  he  matle  any  mistakes,  I  am 
sali»fied  they  pioceeded  from  a  defect  of  me- 
mory, and  nu  ilcsitrn,  and  he  is  certainly  ex- 
cu^abie ;  hut  as  for  the  other  three.  Lynch, 
Viunkett,  and  Mason,  when  you  shall*  have 
heard  half  what  we  have  against  them,  I  dare 
stay  they  will  not  have  the  least  credit,  though 
ihey  had;^iven  a  much  more  pi-ohable  evidence 
than  they  have  done.  Bat  surely  as  it  is, 
their  eviilence  cannot  have. sufficient  weif^t 
with  yuu,  to  prevail  affaiusl  the  lile.  estate. 


and  fiuxiily  of  the  gefttlSuair lieK  btAre  von,  lift^  m  t  knANr'U; 


and   to   fix  a  perpetual  stain,  upon  him  and 
his  posterity. 

3Jr.  Huiigerfurd,  My  lord,  we  shall  call  oar 
witnesses,  and'  begin  with  my  k>rd  North  and 
(iny. 

Alt.  Gen.  W^e  desire  to  know  ivhatitisyoa 
call  my  lord  North  and  Grey  to  pn>ve  ? 

Mr.  Ilungerj'urd,  lie  is  to  g'lse  an  accDunt 
of  what  passeil  at  his  house,  what  Mr.  Lynch 
said  when  he  was  there. 

L.  C,  J.  Then  you  do  admit  that  he  was  at 
the  (jreen  Man,  and  he  weutto  my  lord  North 
and  Grey's  afkrwards? 

Mr.  Kctelbcy.  lliere  is  their  sheet-anchor. 

Mr.  Hungetford,  Wc  admit  we  were  at  the 
Green  Man,  but  committed  no  hipfh-treasou 
there ;  your  lordship  hath  set  us  ri<<^ht  in  the 
|M>ini  of  tiniinqr  our  evidence  in  the  nature  of 
this  transaction  ;  it  is  proper  to  begin  with  the 
master  of  the  Green  Man. 

Mr.  Mackrcth  sworn. 

Mr.  Hungerjord,  Mr.  Mackreth,  pray,  give 
my  lord  and  the  jury  an  account  whether  Kr. 
Layer,  or  Mr.  Lynch  were  at  your  house  lail 
summer,  or  how'lonc;  they  were  there  ? 

Mr.  KeJclbcj/.  i  think  you  are  master  of  the 
Green  Man  ? 

Mackrcth.  Yes,  Sir,  upon  the  oath  I  have 
taken,  f  do  not  know  that  Mr.  Layer  was  ever 
at  my  house. 

Mr.  Ketelbey.  Do  you  remember  any  thing 
of  the  Saturday  the  2jlh  of  August  ? 

Mackrcth.  No,  1  cannot. 

Mr.  Kctclbtj.  Do  you  remember  whether 
you  were  at  home  that  day  f 

Mackreth.  1  caiuiot  tell :  If  it  was  on  a  Sa-  ' 
turday  ;  on  Saturday  [  oflen  attend  the  jus- 
tices at  1 1  ford. 

;Mr.  Kclclbry.  Do  you  know  whether  you 
was  at  home  that  day  r 

Mackreth.    1  cannot  tell. 

Blr.  Kclcibej/.  Do  you  know  Mr.  Layer? 

Mackrcth.  I  never  saw  him  before  io  my 
life,  as  I  know  of. 

Mr.  Kctclbty.  Was  there  never  any  enquiry 
after  him  at  your  house  ? 

Mackreth.  No:  There  was  the  duke  of 
Grafton  and  my  lord  Halifax  came  to  my 
house  some  time  since.  The  duke  of  Grafton 
intimated  something  of  this  a/Fair  ;  the  duke  of 
Grafton  said  to  me.  You  are  to  be  liau^: 
Hafisfed,  for  what.'  said  I.  You  and  your 
friend  Layer  are  to  be  hanged.  Said  I,  I  never 
saw  him  m  my  life.  They  walked  to  and  fro 
in  the  hall.  'What,  said  they,  do  you  know 
nothing  of  this  Layer?  Nu,  1  don't,  as  I  hope 
to  be  saved,  directly  nor  indirectly. 

Mi-s.  Mackreth  sworn. 

l^Ir.  Hungcrford,  Pray,  do  you  remember 
any  travellei-s  at  your  bouse  upon  the  25th  (£ 
August  last? 

Mr.  Ketelbeif.  Do  you  remember  when  Mr« 
Layer  was  at  your  bouse  ? 

Maekreik,  IneTerHiwtbegGAtleiiiaBiDgqf 


H5] 


for  High  Treason. 


Mr.  Keielhey.   Are  yon  cunstantly  at  home? 

Mackreih,  Yes,  I  have  hardly  time  to  go  to 
diBreh. 

Hr.  Ketelbey.  Did  yoa  ever  hear  any  thing 
«f  a  deelmration  read  ? 

-    Mmckreth,    I  never  heard  any  thing  of  it  in 
■ydayiy  my  lord. 

Mr.  Uun^erford.   Pray,  do  you  know  tlie 
liOM  Me  pair  of  stairs  forward  in  yoar  house? 

Itmkreth,  They  are  all  forward,  my  lord. 

Vr.  Hungerford.  How  far  is  the  bar  from 

Jkckreth.  My  bar  is  below  stairs,  even  with 


Mr.  Hungerford.  If  any  thing  is  read  there 
dM,  in  any  of  those  rooms  one  pair  of  stairs, 
CmM  yoa  have  heani  it  ? 

Mackrei/i,  To  be  sure,  my  lord. 

John  Paulj'reeman  sworn. 

If.  Hungerford.  Do  you  remember  any 
iif  of  this  gentleman  bemg  at  your  master's 
Amr  on  the  25th  of  August  last } 

Ftulfrtcman,     1  remember  nothing  at  all 

•fi. 

.    Mr.  Hungerford.    You  remember  nothing 
ffit? 

FaMffrecman.  No ;  to  my  knowledge  I  never 
«e  bim  before  in  my  life. 

Mr.  Hungeffttrd.    Do  yon  remember  any 
thing  of  some  (leople  dining  there  on  a  beef-  : 
iteik?  I 

Paulfreeman,  No ;  1  don^t  remember  any  j 
thing  of  it.  I 

Mr.  Hungerford.  Do  you  remember  tliis  I 
gentleman's  face  ai;ain  ?  ' 

Pauffreemaif.  No;  I  don't  remember  that 
erer  1  saw  him  before.  I 

Mr.  Hungerford,  Is  my  lord  'Si^rih  and  ; 
Gmr  there  ?  I 

Rfr.  Hungerford.  We  shall  examine  my  i 
lord  North  andGrey  only  as  to  some  passages  ' 
at  his  lordship's  house,  and  chietly  as  to  the  ' 
character  of  this  Lynch,  and  what  a  charac-  . 
tcr  he  gave  of  himself;  generally,  a  man  i 
viH  in^e  a  good  character  of  himself,  but  he  i 
^  otherwise.  j 

Lord  North  and  Grey  sworn. 

Mr.  Hungerford,  If  your  lordship  pleases  to 

S're  my  lord  and  the  jury  what  account  you 
re  of  one  Lynch. 

Lord  North  and  Grey.    My  lord,  that  gen- 
leman  that  goes  by  the  namit  of  Lynch  I  saw  i 
l»ice  ;  he  came  twice  to  my  house  in  Essex  :  ' 
/little  thought  ihat  my  having  seen  him  twice  j 
It  my  house,  should  lie  I  he  occasion  of  my  j 
coming  hen*  m  such  a  manner.    The  gentle- 
naa  vias  wholly  a  stranger  to  me,  and  I  have 
never  seen  him  since.      As  to  mvself,  I  cnnnut 
ay  I  know  any  thing  of  him  pentonsilly.    The  : 
only  tliini;  I  cnn  say,  is  what  he  s^aid  ot  himself.  I 
It  is  a  liille  lianl  for  a  man  of  honour  to  betniy  j 
convenaitim,  what  passed  over  a  liottle  of  wine 
in  discourse;  but  since  your  lonlship  requires 
it,  I  must  submit. 

The  chief  of  our  discourse  was — H«  was  ro- 


A.  D.  1722.  [216 

presented  to  me  as  a  stranger  newly  come 
to  England,  and  had  a  mind  to  see'  my  house 
and  gardens,  lie  was  introduced,  and  brought 
there  ^accordintfly  by  Mr.  Layer,  and  1  re- 
ceived him  civilly.  In  process  of  time  he  told 
me  the  history  of  his  life  thus ;  that  he  was 
not  a  Spanish,  but  an  Irishman,  and,  my  lord, 
1  think,  educated  in  the  camp  under  an  uncle? 
of  his.  He  told,  that  when  he  was  a  young 
man,  he  had  takeu  a  great  muny  liberties. 

Serj.  Pcn^e//y.  My  lord,  we  numbly  appre- 
hend, this  evidence  is  not  proper  to  be  given  : 
If  they  have  any  particular  tpiestiofis  to  ask  of 
my  lord,  let  the  counsel  projiose  them,  or  ask 
my  lord  North  and  Grey  to  the  character  of 
Mr.  Lynch  in  general :  But  thus  to  give  an 
account  (by  way  of  repetition  of  a  discourse 
between  lord  North  and  Grey  and  Mr.  Lynch, 
where  he  was  bom,  and  where  he  was  bred  up) 
and  to  give  a  history  of  particular  facts,  is  what 
they  ought  not  to  do. 

Lord  North  and  Grey.  T  am  glad  to  be  in- 
terrupted by  that  worthy  gentleman.  I  only 
desire  to  know  to  what  points  yoa  would  be 
pleased  to  ask  roe. 

L.  C.  J.  Mr.  Hungerford,  you  know  what 
the  rule  of  practice  and  evidence  is,  when  ob- 
jections are  made  to  the  credit  and  reputation 
of  the  witness ;  you  cannot  charge  him  with 

{)arlicular  offences :  For  if  that  were  to  be  al- 
owe<l,  it  would  be  impossible  for  a  man  to  de- 
fend himself.  You  are  not  to  examine  to  «he 
particular  facts  to  charge  the  reputation  of  anr 
witness ;  but  only  in  general  you  are  to  ask 
what  his  character  and  reputation  is. 

Mr.  Hungerford.  My  lord  North  and  Grey 
is  an  entire  stranger  to  him  :  but  he  was  only 
going  to  tell  you  what  account  Lynch  gave  of 
himself. 

L.  C.  J.  That  is  very  well.  Consider,  if 
that  is  not  the  same  as  if  you  were  to  charge 
him  with  particular  facts.  You  say,  he  him- 
self, when  he  was  with  that  noble* lord  at  his 
house,  gave  a  character  of  himself  much  to  his 
disadvantage.  It  is  impossible  for  him  in  such 
a  case  to  give  an  answer  to  it ;  therefore  by  the 
rule  of  evidence  \m\  cannot  do  it. 

Mr.  Ketelbey.'  If  that  noble  lord  was  going 
to  give  any  character  of  him  which  he  heard 
from  other  persons  it  might  alter  the  case.  But 
surely  wh^n  thechaiacttM*  he  gives  of  him  is 
grounded  upon  whai  he  ^aid  of  himself,  is  not 
that  much  stronger  than  the  hearsay  of  othern, 
the  talk  of  strangers  ?  The  character  he  had  of 
this  person  is  from  himself;  therefore  we  hope 
he  shall  give  it  in  evidence. 

Mr.  Hungerford.  If  they  won't  let  this  noble 
lord  enter  into  a  relation  of  what  character  this 
Lynch  gave  of  himself,  we  cannot  help  it. 

L.  C.  J.  You  know,  if  there  he  any  ohjcc- 
tions  to  him,  to  his  seneral  rhnmctiL-r,  he  can 
answer  them:*  but  if  <ibjections  are  grounde*! 
on  parlirular  rharifes  of  his  being  a  base,  an 

♦  See  Vol.  13,  p.  1«7  ;.  and  Peake's  Law  of 
Evidence,  ch.  3,  an.  Wimesscs,  s.  2,  art.  Ge- 
neral Character,  as  there  referred  to. 


M7]  9  GEORGE  I. 

infamous,  and  an  ill  man,  not  having  any  no- 
tice of  this,  it  is  Impossible  for  him  to  liefend 
himself. 

If  you  will  ask  my  lord  North  and  Grey 
what  general  character  he  gave  of  himself, 
you  may. 

Mr.  Hungerfcni.  If  my  brief  be  true,  the 
whole  Ten  Commandments  hare  been  broken 
by  him. 

X.  C.  J.  Very  well ;  and  so  you  charpre  him 
with  the  breach  of  the  Ten  Commandments, 
and  he  most  let  it  go  for  fact,  because  he  can- 
not have  an  opportunity  of  defending  himself. 

Mr.  Ktttlhey.  What  character  m  jeenend 
did  he  give  of  nimself  to  your  lordship  r 

Lord  North  and  Grey.  I  do  nut  know  how 
to  answer  it,  as  to  his  giving  a  general  charac- 
ter of  himself.  Tims  much  1  must  say,  I  saw 
him  twice.  The  first  time  he  was  brought 
down  by  the  gentleman  at  the  bar ;  the  second 
time  he  came,  he  was  ill  received ;  and  1  or- 
dered it  should  be  told  him,  that  in  case  he  de- 
signed to  stay  there,  that  I  had  no  room  or 
anv  lodging  for  him.  As  to  particular  things, 
I  do  not  care  to  speak  of  them.  I  should  be 
very  sorry  to  say  it  when  it  was  said  in  my 
company,  and  under  my  roof. 

Mr.  Hungerford,  We  will  not  press  it  any 
farther. 

Lord  North  and  Gr^,  I  must  beg  your 
lordship's  leave,  if  the  gentlemen  have  no  far- 
ther to  say  to  me,  and  your  lordship  have  no 
farther  commandsy  that  1  may  return  to  my 
prison. 

Mr.  Hungerford,  I  hope  yon  will  make  way 
lor  my  lord  North  and  Grey  through  the 
crowd :  and,  if  your  lordship  pleases,  we  will 
go  on  with  our  evidence. 

George.  Taltfo^sworn, 

Mr.  Hungerford.  Prav,  give  my  lord  and 
the  jury  an  account  of  wliat  you  know  of  Mr. 
Lj^nch. — Mr.  Stephen  Lynch,  what  character 
hath  he  ? 

Talbot.  Why,  Sir,  the  character  I  know  of 
him  is  this,  that  he  is  a  man  that  hath  been  so 
extravagant,  that  he  hath  brought  himself  to 
necessity  by  it;  kept  very  infamous  com- 
pany. 

Mr.  Hungerford.  What  character  hath  heP 
Hath  he  the  character  of  an  honest  man  ? 

Talbot.  He  hath  a  very  indifferent  sort  of  a 
character. 

Mr.  Hungerford.  Hath  he  a  good  or  a  bad 
diaracter  f 

lalbot.  The  character  I  ran  hear  of  him  is 
a  vpry  had  character. 

Mr.  Ketelbey.  We  do  not  ask  you  as  to  the 
particulars  of  his  life  and  conversation,  but  only 
the  general  character  he  hatli,  and  the  opinion 
the  world  hath  of  liim  ;  whether  he  hath  the 
character  of  an  honest  man,  and  is  a  person  fit 
to  he  believed  ? 

Talbot.  The  character  1  have  had  of  him,  is, 
thai  he  is  not  to  be  believed. 

Att.Oen,  How  lung  have  yoo  known  him  ? 

Talboi.  I  have  not  Men  bim  these  biz  yean. 


Trial  qfChridopker  Layer^ 


[a» 


Att.  Gen.  What  is  your  empkiyn 

Talbot.    1  am  not  able  to  follow  any  ( 
now. 

Att.  Gen.  He  says  he  hath  not  w&ea  bin 
these  six  years:  how  long  ago  waa  yow  ac- 
quaintance with  him  ? 

Talbot.  I  met  him  at  the  Canaries,  when  I 
was  coming  from  thence,  which  is  aboiit  aZ; 
years  affo ;  I  know  nothing  of  him  ainoe|lHt 
what  1  nave  heard  of  bim. 

Att.  Gen.  Have  you  ever  had  any  deiKnga 
with  him  ? 

Talbot,  I  never  had  much  dealinn  with 
him ;  what  I  have  had  have  been  very  litlla  In 
my  advantage. 

Mr.  Ketelbey.  If  Mr.  Attorney  desirea  tha 
particulars- 
Mr.  Hungerford.  We  conform  ouradvei  to 
your  lordship's  rule,  to  ask  only  to  the  general 
character  of  the  man :  but  if  3Ir.  AttoriMy  will 
enter  into  particulars,  we  will  join  iaane  wilk 
hitd,  and  go  into  that  method  too. 

Att,  Gen.  1  asked  him  how  long  hahii 
known  him,  he  says  he  had  not  seen  Eim  than 
six  years. 

Mr.  Ketelbey.  Have  you  had  a  character  if 
him? 

Talbot.  The  worst  I  could  ever  hear  of  any 
person  ;  I  know  nothing  of  myself,  but  what  l 
have  heard  from  others. 

Mr.  Winchman  sworn. 

Mr.  Hungerford.  Pray,  give  my  lord  and 
the  jury  an  account  of  what  you  know  of  this 
Stenhen  Lynch. 

tVinchman.  I  knew  this  gentleman  fbnrleen 
years  ago  in  the  island  of  the  Canaries,  there 
he  kept  an  Irish  gentleman  company,  one  Wil- 
son ;  he  was  then  well- beloved  by  every  body : 
the  gentleman  took  him  into  his  company,  and 
afterwards  he  grew  extravagant  and  the  gen- 
tleman turned  him  out  of  his  company. 

Mr.  Hungerford,  Is  he  accounted  an  honest 
man,  or  a  knave? 

Winchman,  I  will  not  trust  him  for  any 
thing. 

Mr.  Hungerford.  You  say  von  will^  not 
trust  him  for  any  thing  ? — Winchman.    No. 

Mr.  Hungerford.  The  wiser  you. 

Mr.  Ketelbey,  Is  he  a  man  to  be  credited? 
Can  you  believe  what  he  says  ? 

Winchman.  I  think  I  would  not  believe  him. 

Mr.  Ketelbey,  You  are  right. 

Jame$  Darcy  sworn. 

Mr.  Ketelbey.  How  long  have  you  known 
Mr.  Stephen  Lynch  ? 

Darcy.  About  a  twelve-month. 

Mr.  Ketelbey.  I  do  not  ask  you  as  to  his  par* 
ticidar  life  and  convertAtion,  but  in  general 
what  is  his  character,  is  he  a  man  to  be  neliev* 
ed  or  credited  ? 

Darcy.  I  do  not  take  it  that  he  is. 

Att.  Gen   Where  did  you  know  him  P 

Darcy.  1  first  knew  him  Ust  winlor  ia  J 
don. 

Mr.  Hungerford.  b  IInGcoq;«  I 


UBJ  ^^^F       for  High  Treason. 

P     My  lord,  li«r«  b  n  complaiJit  mtide 
ie  irjsmepifta  caqU  be  let  in. 


A.  D.  175** 


[250 


I  C.J.  IWv  must  be  lei  m. 

hL  0<«,  Wlm  mode  tbe  complaint  f 

lif«   Him^rr/orc/*    A   geoilemikn    here   ill 


fiii  Got.   It  M  ilie  business  of^our  fi4)l)ci(or5 
ibai  way  be  niftde  for  your  wit- 


Ht.  Em^gerford*  It  in  nol  the  busineis  of 
yvm  m'mm^titrm  to  fltop  tbe  pftAfliige. 

Sd  Otm*  They  danH  «lu|>  tbe  passage. 

Wt.  Bfmgttford.  No;  Mfbm  is  vour  Kusy 
flAvirf  Ifticre  [|K>iuUfi(;  to  cvlonel  Huske^    u 

Seq.  CktMhirr,  We  must  stay  here  half  an 
mat  fsK  rvery  nittiefts. 

Sr,  Fitz^^sld  did  not  appesfi  theo  Mr* 
\  k^  ItSaioe  wsk  sworn. 

Il  UmMgrrf'^'r  ^Tr.  BUke*  do  you  know 
'  <IMbb  Ly^ncf  .  Yes,  8ir. 

m.  Mungt^j  !  J  vs  give  lay  toi-d  and 

isjfvy  •»  Arxiiunt  of  ^tni,  vrhetlier  be  is  a 
'to  be  bt^iei  ed  or  not  :* 

1  beard  a  very  ill  cbaracler  of  bim 
•cm  yearm  ago.      I  have  bcaid  that  be 
1  im  wives. 
)  MMBgirfard,     H  be  to  be  believed  or 


I  know  ootbiiig  but  by  hearsay,  1 
li#  it  fiAt  to  be  bebeved^  because  [  have 
m  \mm  efaaracter  of  bitn. 


Mr.  Coif i fix  fcwoni. 
Mr-  ITun£(rfK'd.    Wiii  you  give  my  lord 
I  [1  account  of  wbal  you  kuow  of 

ikff  1  D6?er  cxchang^ed  a  word  with 

Mi:.  Bumgerfurd.  Wbat  chsrocter  bath  be? 
I  tbJ/iJti^  A  I  c-ry  infamous  character.  1  know 
JImi  liy  cyc-^w^bi  only ;  I  have  seen  him  upon 
[iSe  Ea^iojci^r  of  l^oorion. 

FruMicr,    Is  be  a  person  to  be  Credittd  or 

lam? 

C4ifm»  No,  I  bebere  not. 

Mf.  JrcifrA  sworn. 
Trin§€rfi>r4^   Do  you  know  Stephen 

r  hatli  be, 

.MP  •  |rfrnw»i  It'  I'v  I'uii    IjIS  O&tb  ? 

itr^cJL  liklfi'tT 

Hr-  Ujim^rf&rd.  :...  i..,^  baveyou  known 

Trr^k,  Sdtorcigbi  monlbf. 

I  r,  M^Uty  and  Mr.  Bhk^  twoni.    < 
~Tr   Ari'fift^t    Mr.  K»*)(ey,  how  long  have 

il-*Mt»  t«  stepbcn  Lyntrli  t' 

'        ^  *         '      wn  bim  since  tbe 
i.^<st, 
'  "^if^ter,  IS  it  an 


I  aol  TCfy  file, 


^^  bimacha- 


Mr.  KfUiUy,  Mr,  Blake,  how  long  bare 
yoij  krtOv%o  Skjihpn  Lynch  T 

Bhiht.  8ir,  1  nearer  bad  any  acquaintanot 
with  bim,  but  i  b&vc  beard  be  bath  a  vile  ctia- 
racier. 

Mr,  Hun^tr/ord.  Have  you  had  any  dis* 
rouise  utHMit  tbis  Irialg  have  you  b^ard  any 
tbin^^  said  by  Lyncb  bimsetf  aUiul  lh«*  matter 
that  is  now  in  juiJtrnient  before  tliis  court? 

Blakc^  There  was  one  Mr.  French,  a  par* 
ticular  acquaintance  with  Lynch  j  1  met  Mr, 
French,  bearing  be  wai» »!  ibesume  inn  witli 
mCf  (I  Itelong  to  the  IVliddle  Tempt e)  and  he 
toNI  me  be  wnnieU  money. 

Sid,  Gen.  You  know  what  he  told  you  is  ool 
evidence. 

Biake.  8aitb  be,  there  is  one  Mr.  Lynch 
owes  me  a  eood  deol  of  money,  and  I  want  lo 
ifo  and  sec  bim,  and  I  have  no  mind  to  jBfo  there 
hy  myself.  Next  ilay  f  consented  to  go  a1on|^ 
with  him,  as  thinking  there  coufd  be  no 
danger  in  that:  when  we  came  to  him,  1  sus- 
pectf  says  Mr.  Lyncb,  that  you  come  for  some 
money  tint  1  owe  you.  Upon  that,  be  desired 
bim  to  Sit  down,  and  told  tbe  gentleman  lie  was 
sorry  he  had  diaapiioioted  bim.  Then  he 
begun  to  talk  of  my  ford  North  and  Grey,  and 
my  lord  Orrery,  and  Mr.  l*ayer  I  believe  I 
«batl  bang  him  ;  but  as  to  my  lord  North  and 
Grey,  and  my  lord  Orrery,  i  know  nothing 
of  them  :  I  know  nothing  mor«  of  Mr.  Layer, 
but  what  1  had  from  bim  himself.  iSome 
words  passed  betiveen  bim  and  me,  and  talking 
of  my  lord  Towns hcnd,  be  Stit  J  my  lord  Towns^ 
bend  was  of  a  morose  temper,  but  my  lord 
Carteret  was  of  a  better  teni|>er. 

I^Ir.  Ketelbe^f.  Speak  to  the  purpose ;  I  desire 
to  know  what  you  cau  say  of  Mr.  Lunch's 
character  F 

Blake,  I  don't  know  any  thing  of  Lynch, 
but  that  be  is  of  an  infamous  character, 

Mr.  Kdelhey.  What  did  besay  of  Mr.  Layer? 

Blake,  He  said  he  would  hang  bim. 

31  r.  Kttdhcy,  Did  he  say  any  thing  about 
the  f  ifcness  ot  lb©  plot,  or  why  or  bow  far  he 
tbuu£;bt  it  bis  duty  to  discover  such  villainy  f 

Btakf,  No,  I  donUknowof  any  such  thing* 
l  heard  him  say,  my  circtmisiances  are  very 
poor;  and  the  motive  that  imUiced  hitn  to  do 
tbi^«  was  to  save  tbe  lives  of  a  tbout^im^l  people. 

Mr.  Ilungerford.  Did  be  speak  any  thing  of 
getting  money  i 

Blake.  No,  I  cannot  say  any  such  thing, 

L.  C  J.  That  is  not  a  fair  question. 

Blake.  1  CAU  inft)rirt  yonr  lordship  more  i 
saitb  he,  f  was  forced  to  (f»  Ibis ;  but  if  I  had 
got  off  from  tbis  affair;  t  would  fikjh t  any 
dojcen  people  in  England  to  come  oB'tVoin  it. 

SoL  Gen.  Where  do  you  live,  Sir  ?  Do  yoa 
live  in  tbe  Middle-Temple  P 

Blake.  No ;  1  live  at  IMrs.  Ireland^s  iii  Por- 
tugal eircel. 

Mr  Uungtrford*  In  the  conversation  yott 
bad  with  Lynch,  u'ai  tbete  talk  of  any  tDoncy 
be  was  to  have!* 

SoL  Gen,  You  adktd  bim  that  tjucstion  be- 
fore, and  was  told  ii  wan  not  ti  fair  question. 


n 


251] 


9  GEO&GE  I. 


Mr.  Hungerford.  I  khiDk  I  did  not.  Mr. 
Darcy,  what  do  you  know  more  of  Mr.  Lynch  ? 

Darcy,  Sir,  I  went  to  see  Mr.  Lynch  on 
account  of  some  mone^'  which  I  lent  him, 
and  when  he  was  taken  up  in  Manchester- 
court  I  went  to  see  him ;  there  he  received 
ine  civilly,  I  took  him  aside  and  asked  him  for 
ray  roon^y.  I  told  him  so  freely,  and  asked 
him  how  he  got  money  and  several  fine  clothes 
which  he  had  P  he  told  me  a  lady  used  to  come 
twice  or  thrice  a  week  to  visit  him,  and  this 
lady  was  the  mistress  or  daughter  of  one  of  the 
chief  ministers  of  England;  he  said  this 
woman 

L.  C.  J.  You  must  not, put  him  in  this  way. 

Mr.  Kttelbey.  Mr.  Blake,  have  you  given  an 
account  of  the  character  of  this  Lynch  ?  I 
only  ask  you  the  general  character. 

Blake.  I  have  told  you  already. 

Prisoner.  I  have  two  or  three  more  to  the 
same  purpose. 

Terry  sworn. 

PrUoner,  How  long  have  you  known  Lynch  ? 

Terry.  Seven  years. 

Prisoner,  Hath  he  the  character  of  an  honest 
manP 

Terry,  He  hath  the  character  of  being  a 
loose  young  fellow ;   that  is  all  i  know  of  him. 

Pnsoner.  Is  his  character  good  or  bad  f 

Terry,  His  character  is  loose. 

Mr.  Hamilton  sworn. 

Prisoner,  Do  you  know  this  Stephen  Lynch  ? 

Hamilton,  Yes. 

Prisoner,  What  character  is  he  of,  is  he  to 
be  believed  ? 

Hamilton,  No,  I  believe  not ;  f  was  cautions 
of  keeping  him  company  ;  I  believe  him  to  be 
of  a  vile,  infamous  character,  that  will  do  or 
swear  any  thing. 

Mr.  Hungerford,  We  leave  the  character  of 
this  Lynch  here,  with  the  weight  of  the 
blemishes  charge<l  upon  him  by  our  witnesses, 
to  the  consideration  of  the  jury. 

There  is  another  of  the  witnesses,  Mr.  Plun- 
kett,  to  whose  character  we  shall  likewise  exa- 
mine. We  shall  call  a  witness  or  two  to  that 
matter,  and  then  we  shall  close. 

Mr.  Thomas  Brown  sworn. 

Mr.  Ketclhey,  Do  you  know  Plunkett  ? 

Brown,  Yis,  I  have  known  him  these  ten 
years. 

Mr.  Ketclhey,  What  is  his  general  character? 

Brovn.  He  baHi  but  an  indifferent  cha- 
racter. 

Mr.  KeteUey.  Is  he  a  man  to  be  believed  ? 

Brown,    No,  my  lord,  I  doii*t  believe  he  is. 

Mr.  Keating  sworn. 

Mr.  Ketelbey,  Have  you  known  Mr.  Plun- 
kett, and  how  long  ?  ^ 

Keating,  1  never  had  any  knowjedgvofhim 
before  tht*  beginning  of  July  last. 

Mr.  Ketelbey.  What  character  and  reputatloii 
litthheP  fibtliheagoodoranillclMnMMc^ 


Trial  of  Christopher  Layer ^ 

Keating.  I  will  tell  you :  about  th< 
niug  of  July  last  a  man  that  owed  no 
money  on  a  note  of  his  hand 

SoL  Gen,  My  lord,  we  must  opp 
going  into  particulars ;  they  know  t 
confined  to  examine  as  to  his  general  cl 
only. 

Mr.  Hungerford.  But  if  the  gentten 
follow  some  of  your  examples,  and  in 
himself  by  prefaces,  we  can't  help  it.  ^ 

L,C,J.  To  a  general  question  yb 
give  a  general  answer. 

Keating,  The  knowledge  I  have  had 
I  never  knew  any  thing  tolerable  in  hb : 
I  never  heard  a  good  character  of  him. 

Mr.  Ketelhev,  Did  you  ever  hear  a  hi 

Keating,  Yes,  a  rery  •Hiad  one,  that 
a  drunken,  idle  felfow,  always  kept  c( 
with  otli^  women. 

Mr.  Ketelbey.  And  from  the  charact 
have  had  of  him,  do  you  think  there 
credit  to  be  given  to  him  ? 

Keating,  No,  I  don't  think  there  is. 

Mr.  Hungerford.  My  lord,  here  we  y 
a  man  of  quality,  sir  Daniel  O'Carroll. 

Sir  Daniel  0^ Carroll  sworn. 

Mr.  Hungerford.    Do  you  know  PIi 

Sir  Daniel.    Yes,  Sir,  l  do. 

Mr.  Hungerford.    Pray,  what  is  his 
character  ? 

Sir  Daniel.  1  can  give  no  good  one  < 
for  it  is  a  mighty  bad  character  he  ha 
caused  his  colouel  to  be  brought  to  tow 
examined 

Mr.  Ketelbey.  I  only  ask  you  in  g 
don't  enter  into  the  |>articnlafs:  I  only 
general,  from  the  character  he  hath 
world,  do  you  look  upon  him  as  a  con 
witness  to  be  believed  against  another  n 

Sir  Daniel.  I  woulii  not  take  his  e^ 
to  hang  a  dog. 

Mr.  Hungerford,  And  here  he  attei 
hang  a  Protestant ! 

Mr.  Thomas  Spelman  sworn. 

Mr.  Ketelbey.  Do  yon  know  this  P|i 
and  how  long  have  you  known  him  ? 

Spelman,  i  have  kno^  n  him  seven  c 
years. 

Mr.  Ketelbey.  What  is  his  general  ch 
in  his  life  and  conversation  ? 

Spelman.   I  never  knew  any  ill  done  li 

Mr.  Ketelbey/.    What  is  his  character 

Spelman.     l  can't  give  any  characi 
man  I  dtni't  kn(»w.    All  1  know  of  h 
about  a  dispute  between  him  and  sir 
Carroll  about  a  horse,  and  his  desiring  tL 
yer  to  sue  sir  Daniel. 

Mr.  Hungerford,  Did  he  not  say 
thing  before  that  ? 

Spelman.  He  said,  the  lawyer  be  en; 
woold  do  bim  jnstioe. 

Att.  Oen.    Yoa  wy  yott  dw*t  ^^i^ 


Jtft  High  Treason^ 

fjmmtfrt^fhrd.    Do  ^ou  know  ibis  Plan- 

,  Id  tue  tell  you  *,  I  liave 

LAnti:>rii  iuu-<:  upon  ihii£  acc4)unlt  Hie 
Oial  1  bntu^^bt  Pliiiikeit  lo  he  uc- 
^.*).  \i.  »  .-r,  Mr  Layer's  man 
K  ,  Mr.  Laijer  bad  bis 

z*.  ;    n\wa  tlmt  1   tient 

ii  1)  liave  two  fioltticrs 

^  I.  (JO  to  Mr.  Ltt)er*8 

^  bailiffs  thai  baf  c  w  loogr* 
'^\  ^ou  must  go  and  turn 
mi.  JO  with  the  sohliers,  nod 

tlir  * '  > 'f  the  house  \  upon  which 

Mj:,  Lmjct  liai  c  him  half- &- crown :  alttfr  ibis 

Piiu)  fio  friend  but  me ;  and  he 
•  aoU  desired  me  to  apply 
for  some  money  he  &aid 
r  n  tiorsc,    1  tohl  him  1  thought 
|>rr»i«ir  Daniel  upon  that  ac- 
It  ■  •  t :  Hrf  rnomhs  a^  he  came 
I  Mr.  Ijiyer  in  Un- 
oitt  k  . ,  u.uL  Mr.  Layer  did  nut 

\mm  bim ;   i  tutd  him^bayshe,  i  am  one  of 

Oivt  tlial  ft  rv«  (I  tiirn  at  sucit  a  lime,  and  (hat 

la  bail  («^i  •M-a-crown,  and  that  then 

l--^  Tied  him.    This  is  all  I 

^rn,  and  will  tcl)  the  tnitli* 

jrd.     Is  be  a  man  as  may  be 

tCi^u  ypoo  his  oatU^  or  not? 

tU.     I  must  tell   vou,   that  I  found 

.  wm  maov  mistaken  about  hii*  own  wife, 

by  Gndf  I  would  not  take  his  word  fur  a 


A.  D.  \72f. 


[254 


x 


Httft^frfbrd,     This  contradicts  what 

...I    ..  ...      I  ^  twecn   him  and 

I  Is,  with  respect 
..T  .,.,^  ».  v.oi^u^it  fetrms  to  be 
rai^rtM^» 

How  doth  it?  1  am  to  team  again, 
laworc,  that  heentno  with  him  under 
way ,  and  tbrre,  after  he  had  talked  with 
■i  bv  i;au>  him  half-a-crown.     This  gentle- 
t  «wtn  hr  fr^vr  it  to  bim  for  the  service  he 

-fiance  of  time  before. 
3'  Go  00^  but  donH  iwear 

jUcpii  iitjy   ujurr. 

Bt9^tuY/i    I  ntn  a  iioldier,  a  man  of  hononr, 

'  '       uld  not  do  an  ill  tiling 

i^u¥  I  have  been  M^nt 


*  ^if  e  in  buit|  and  he  would 

^  bat  did  Mr.  PluukeU  say 
►  t  whai  pajised  betvieen  you 

Jt    !f  r  tn!d  mr  Mr.  Laver  gate  him 
the  service  he 
iiiti{^  tb«ofi&c«ni 

rap  Fht/lip$  nwQvn^ 
takiiow  Pluolcettf 


^h^tipi.    Yea. 

Frigoncr*    What  character  h^lh  he  ? 

Pfiulips.  1  think,  by  ivhul  I  have  known  by 
him,  he  h  not  to  be  Ixdieved. 

Prisoner.     Is  that  bis  general  character? 

Fhylipi*  It  ia;  Ui at  every  hody  gives  him 
that  knows  him. 

Altjundtr  Thytips  %vfQvt\. 

Mr.  KeUlhey,    Do  you  know  Plu&kettf 

mi/lips.    Yes. 

Mr.  ketelifty.  Flow  long  have  you  koowo 
bim? 

Philips,  I  have  known  him  about  eleveo 
weeks. 

Mr.  Kvtelbcy,    TV  hat  character  hath  be  f 

L,  C  J.  I  never  heard  tbe  like ;  when  you 
give  the  character  of  a  man,  you  g'ive  thai 
character  by  men  that  have  not  koowQ  biui 
above  eleven  or  twelve  weeks. 

Mr,  HungcrforU.  Have  you  ever  bad  ai^y 
dealing  with  him  ? 

Phyiipi.    No,  not  I ;  but  my  uncle  hath. 

X.  C  J.  Most  of  your  witnessiies  have  known 
him  but  a  little  time,  seven  weeks,  eight  weeks, 
eJeven  weeks,  ^c.  It  would  almoat  make  % 
man  suspect,  that  some  jjoopie  have  been  set 
up  on  purpose  to  give  an  ill  character  of  these 
people  on  this  occasion.  To  talk  of  seven  or 
eight  weeks  acquaintance  1 

Mf .  Hun grr ford.  That  maa  is  crowded  in 
I  don't  knuw  how,  but  sir  Daniel  Carroll  ia 
tumbled  about  and  cannot  get  out;  sir  Daniel 
is  a  t^entlcman  of  merit,  and  as  9uch  liutb  beea 
distiD^^uiahed  by  the  government)  uod  ought  to 
he  treated  a  httle  better. 

Patrick  Atahone  sworn, 

Mr.  Ket.  What ch.n at  tcr  hath  Mr.  Plunkettf 

Mahohf,  1  have  known  Mr.  Plunk*  It  several 
year«{«  and  that  he  wub  un  iiltf,  broken  man,  and 
a  great  liur,  and  not  to  Ihj  believed. 

Mr  Hunger/oni.  He  would  lye  before  and 
l>ehuuK  I  think  you  s^iy  ? 

Miihone.  Yes,  he  did. 

Mr.  Kci,  Do  you  think  he  is  to  be  oredited, 
if  he  u>mea  to  give  lesttmony  agaioat  • 
petaon  ? 

Miihone.  Upon  my  word,!  think  he  is  not, 
by  what  he  told  me ;  liecause  1  have  found  hioi 
to  lye  backwards  and  forwards. 

Mrs.  Chiid  Bwoni. 

Mr.  Kti.  Mrs.  Child,  pray  have  you  bad 
any  discourse  lately  with  Mr.'Plunkett  ihe  Ser- 
jeant ? 

Chtld.  I  never  Inid  any  discourse  with  him 
but  that  d^y  my  hit^huinl  waticonfmed,  when  I 
run  to  look  for' Mr.  Plunkat**  wife»  and  Plun- 
kett's  wife  was  not  at  horne^  but  was  gone  to 
sei»  her  husband  at  the  m«'*se»*f ers ;  I  wctit 
thither;  Mr.  Phmkelt  hearing  I  was  at  the 
door,  he  desired  that  I  should  come  iu.  SaitU 
he,  MrK.  Cliild,  how  comrs  it  that  vnur  hunbaud 
dolh  not  come  to  see  me?  Vou  know,  savs  1, 
ypou  what  aocouut  my  huiband  ahients  him- 
sell;     W hy ,  he  t*  wot  takvu  up  y el Y  Yes.  «») a 


< 


855] 


9  GEORGE  I. 


Trial  of  Christoplier  Laytr^ 


I,  be  if,  and  confined  upon  yonr  account.  He 
takes  me  by  the  band,  be  takes  me  into  tbe 
coal- bole,  and  take  notice  wbat  I  say  to  you, 
and  set  to  voor  busband  and  tell  him  quickly. 
Andne  told  me  that  he  took  my  busband  to  a 
lawyer  that  was  gohig  to  pay  on  tbe  18/.  that 
sir  Daniel  Carroll  owed  biro,  and  tbe  lawyer 
would  not  see  him,  and  so  they  came  away  to- 
gether. 

AU»  Gen.  She  speaks  much  to  tbe  purpose : 
for  she  confirms  wnat  Mr.  Plunkett  swore. 

Mr.  Kei.  What  did  Plunkett  say  ? 

Child.  He  said,  he  was  going  to  get  a  settle- 
ment for  life. 

Vkv.Ktt.  What  was  be  to  get  a  settlement  ibrP 

Cluld,  For  wbat  be  said  of  Mr.  Layer ;  a 
etory  be  had  told  me  of  my  husband. 

i.  C.  J.  You  ba?e  called  a  great  manywit- 
nesses  to  the  disreputation  of  Lvnch  and  Plun- 
kett, to  say  th^  na?e  generally  ill  characters, 
and  are  File,  infamous  fellows,  and  not  to  be  be- 
lieved ;  and  there  is  tbe  substance  of  all  your 
evidence  if  you  stay  here  till  to-morrow 
morning.  , 

Alice  Dunn  sworn. 

Mr.  KeU  Do  you  know  what  character 
Plunkett  hath  f 

Dunn.  His  character  I  had  firom  himself, 
that  he  lived  with  another  man's  wife. 

Mr.  Ket.  Hath  he  a  good  or  bad  character  P 

Dunn.  He  hath  a  bad  character. 

Mr.  JUL  Is  he  to  be  believed  ?  ^ 

Dunn,  No,  he  is  not  to  be  believed. 

John  Richmond  sworn. 

Mr.  Ket.  Here,  Richmond,  have  you  seen 
Plunkett  lately  ?'~Richmond.  No. 

Mr.  Ket.  How  loui»;  is  it  ago  since  you  saw 
himP 

Richmond.  About  three  weeks  aso  and  more. 

Mr.  Ket.  What  discourse  bad  ^ou  with 
I^unkeit  at  that  time  when  you  saw  him  ? 

Richmond.  Plunkett  asked  me  if  I  was  a 
servant  oi*  Mr.  Layer's  ?  I  said,  I  was ;  and  in 
discourse  I  aske<l  Lim  if  he  had  ever  received 
any  money  of  Mr.  Layer  for  the  use  of  the 
Pretender  ?  He  kneeled  down  upon  his  knees, 
and  struck  himself  upon  his  breast,  and  said,  he 
never  bad  received  any  money  of  Mr.  Layer 
for  the  use  of  the  Pretender  in  his  life-time. 

Mr.  Ket.  How  long  is  this?  Is  it  three 
weeks  ? 

Richmond,  I  believe  it  is  about  six  weeks  ago. 

Mr.  Ket.  Who  was  present  besides  you  ? 

Richmond.  There  was  nobody  else  in  the 
room. 

L.  C.  J.  I  would  be  glad  to  know,  that  he 
never  received  any  money  for  the  use  of  tbe 
Pretender,  what  do  you  mean  by  that  ? 

Richmond.  He  kneeled  down  upon  his  knees, 
and  said,  be  wished  he  might  be  damned  if  ever 
be  received  any  money  for  the  use  of  the  Pre- 
tender. 

Mr.  Hungetford.  Year  lordship  may  re- 
member Plunkett  swore,  that  Layer  gave  bim 
btlf  acrown  al  onetime^  and  other mon^  at 


several  other  times;  and  now  he 
swears  upon  his  bended  knees  that  be 
ceived  any  money  for  the  use  of  the ! 
that  is,  upon  his  account. 

L.  C.  J,  When  you  are  drawii 
quences  from  tbe  expressions,  cons 
those  expressions  are:  He  solemnli 
that  he  never  received  any  money  f 
of  the  Pretender.  It  doth  not  apne 
did ;  nor  did  he  say  that  he  did.     W 

Mr.  Ket.  My  lord,  we  will  leave  it 
Plunkett :  We  will  beg  leave  to  call 
nesses  as  to  Mrs.  Mason's  character. 

Mrs.  Clayton  sworn. 

Mr.  Ket.  Doyou  know  Mrs.  Masc 
Buda,  or  Mrs.  Eferbert,  or  wbat  do  yc 

Clayton.  I  know  her  by  all  thos 
Buda  is  the  name  she  always  used  i 
she  bath  eone  by  tbe  name  of  M 
Bevan,  and  Herbert. 

Mr.  4Cet.  What  is  her  character  ai 
tion  ?'^Clayton.  Very  indifferent. 

Mr.  Ket.  Is  it  bad  or  good  ? 

Clayton.  Very  bad. 

Mr.  Ket.  Have  you  had  any  talk 
at  any  time  about  su*  John  Meers  an 
Thomas? 

Clayton.  I  have  heard  her  say  tha 

Sol.  Gen.  They  are  asking  what  tl 
bath  heard  Mrs.  Mason  say  at  any  t 
sir  John  Meers  and  bis  man,  wh 
to  a  particular  fact,  surely  is  not 
question. 

Mr.  Hungerford.  What  have  you 
say  about  any  papers  ? 

Clayton.  Isee  her  have  a  printed 
used  to  go  often  where  Mrs.  Maso 
and  goine  one  day  there  I  saw  a  ( 
sitting,  which  was  Mr.  Layer :  He  I 

{lorter  for  Mrs.  Mason.  When  she  c 
le,  the  parliament- man  I  was  speakin 
{irovided  of  tbe  3001. 1  have  a  goo 
end  it  bim. 

Mr.  Hungerford,  Pray,  how  d 
Mason  get  her  living? 

Claifton.  By  deluding  young  wc 
carrvrnflf  them  about  for  money. 

Mr.  Hungerford.  That  is  to  say  a  I 
not? — Clayton.  Yes. 

Mr.  Ket.  Did  you  hear  of  any  re 
was  to  have  bv  coming  here  ? 

Clayton.  She  said  she  was  to  be  p 
she  would  not  do  it. 

L.  C.  J.  What  do  you  mean  ?  ' 
been  so  often  admonished  by  the  Cou 
signifies  nothing.  You  are  charg 
Auison  with  being  a  bawd,  when  y 
only  to  enquire  as  to  her  general  cha 

Mr.  Ketelbey.  I  asked  you  gem 
question,  whether  she  had  a  good-or  i 
racter? 

Clayton.  I  did  answer  that  questioi 

L.  C.  J.  At  this  rate  tbe  most  inna 
sons  may  be  branded  as  the  dmmI 
villains;  and  it  ia  impooiUa  iorthi 


for  High  Treason, 

Mrs.  Peirce  sworn. 
\trford,  What  do  you  kDOw  of  this 

know  I  lodged  in  the  house  where 
e. 

Itrford,  What  character  hath  she ; 
)r  a  had  one  ? 
k  very  indifferent  one. 

Is  she  to  be  believed  or  credited  ? 
4o,  she  is  not  to  be  credited. 
gitrford.  Had  she  a  good  reputa- 
ilmmons  one  ? 
$he  bath  a  bad  reputation. 
igtUy,  You  have  seen  Mr.  Layer 
rirce.  Ye«. 

Mrs.  Tri7A:inMm  sworn. 

tUbey.    Do   you   know  this  Mrs. 

».   I  don*t  know  Mrs.  Mason ;  but 
I.  Bevan. 

ihiy.  What  character  hath  she  ? 
fi.    I  know  her  to  be  a  vile  woman, 
>t  care  w  hat  she  says,  or  what  she 

*Ihey.  \%  that  her  (i^rneral  character? 
m.  Always  since  I  have  kuowu  her. 
f/6ey.  How  long  is  that  ? 
Ml,  About  two  years. 

Mr.  lyytT  swum. 

ih€y.  Mr.  Dyer,  Do  you  know  Mrs. 

T^tr,  I  kodw  one  Be  van. 

cflry.    How  long  have  you  known 

(be  liveil  with  me  13  or  14  years  ago. 

rf6ry.  What  was  her  character  then  ? 

Ibe  robbed  my  Hhoii,  and  1  sent  her 

•II. 

tlhcy.  What  is  lier  character  and  re- 

iw? 

1  desire  you  to  forbear  this  irre- 
liee. 

Strford.    Is  this  woman  to  be  cre- 
-^Dytr.  1  know  nothing  of  that. 

Mrs.  Basket t  sworn. 

r.  Had  you  any  discourse  with  Mrs. 
'Batketl.  No,  !Sir,  I  donH  know  her. 
f.  Had  you  any  discourse  with  herf 
t.  ldoQ*t  know  her. 
r.  Nor  Mrs.  Bnda  ? 
t.  No,  1  don't  know  her. 
Br,  Nor  Mrs.  Bevau  ':* 
1  1  don't  know  her  at  all. 
1^.  Do  you  kuow  ."^Ir.  Lynch?   Have 
lliiiktdv? 

^'Imwhim  l-st  nij^ht. 
ff^  DmI  you  hear  hun  say  wliat  re-  ■ 
ilihtvefor  s\*«'a»iiig  U'^aiijAt  me?  . 
*^  miMt  not  be. 

^^au  not  hear  him  sny  he  was  j 
■^earing  a-;aiiist  me :' 
ta  a  conipa.s!»ion  for  you, 
■bb  from  you,  wliith  we 
Mjttlse. 


A.  D.  1722.  [258 

SoL  Gen.  My  lord,  this  id  not  to  be  eudured. 
The  prisoner  turns  about  to  the  jury,  and  tells 
them  that  Lyuch  said  be  was  to  have  500/. 
a  year. 

jVlr.  Hungerford.  I  believe  the  geatleman 
tliat  sat  next  to  him  did  not  hear  him. 

Mr.  Wearg,  My  lord,  I  did  hear  bim  say  to 
the  jury,  that  Lynch  said  he  was  to  have  500/. 
a  year. 

L.  C.  J.  T  must  tell  yon,  if  you  did  but  con- 
sider of  what  little  consequence  it  would  be  to 
you,  you  would  not  do  it :  when  you  thought 
nt  to  make  him  your  confidant,  carry  bim  to 
the  Green  Man  with  von,  and  to  my  lord 
North  and  Grey's ;  and  there  be  was  enter- 
tained courteotuly  by  him  ;  and  do  you  come 
now  to  brand  him  with  beii^  an  ill  man  ? 

Prisoner.  Lvnch  savs  himself,  that  be  did 
not  know  me  till  June  last ;  and  bow  could  £ 
have  so  much  friendship  for  bim  on  so  short 
an  acquaintance? 

X.  C.  /.  Tbeu  for  this  woman,  if  you  would 
do  service  to  yourself,  prove  the  packets  are 
not  under  your  seal,  and  that  you  did  not  de- 
liver them  to  her  with  your  own  band ;  prove 
something  of  that,  and  these  proofs  will  be  of 
more  service  to  you  than  ten  thousand  of 
these  witnesses. 

Prisoner.  My  lord,  if  1  was  admitted  to 
prove,  1  can  make  it  appear  it  is  all  a  sbaia 
and  a  forgery. 

Mr.  Wingerford,  It  was  Dcter  proved  to  be 
bis  seal. 

L,  C.  J.  You  are  mistaken :  the  woman 
swore  it  was  his  seal,  and  the  officers  sworo 
they  were  under  the  seals  when  they  seized 
them  ;  and  it  is  proved  now  to  be  bis  seal,  for 
the  seal  is  visible. 

Prisoner.  How  do  they  prove  it  to  be  my 
seal?  iMy  lord,  it  is  not  my  seal,  i  desire 
major  Barnewell  may  be  asked  as  to  this 
woman's  character. 

Barnizvell.  1  know  her:  she  is  a  vile  woman; 
she  hud  like  to  have  cheated  me  of  1,500/. 

P/  isoner.  You  are  only  asked  as  to  her  cha- 
racter in  tjeueral.  Is  she  a  woman  to  be  cre- 
dited, or  not? 

Bamewell.  No,  she  is  not. 

Mr.  Ketftbey.  I  hope  you  are  satisfied  with 
this  general  answer. 

Mr.  Hungerford.  They  won't  tet  us  go  into 
particulars  ;  that  the  course  of  practice  won't 
allow. 

Mr.  KetelOcy.  It  is  imponsiUe  for  us  t^ 
dli'cct  the  answers  to  the  questions. 

Mr.  Lcbutt  swum. 

PrUoner,  Mr.  Leluitt,  pray,  give  my  lordl 
and  the  jury  a  general  account  of  this  Mrs. 
Buda,  or  Mrs.  .Mason,  whether  she  ought 
to  Ih*  credited  or  not,  or  t;ain  crc<iit? 

Lebfilt.  No:  .she  would  take  any  body's 
liCc  uwuv  for  the  value  of  a  f:irt!iii);^. 

Mr.  ilungerford.  Now,  my  lord,  we  will 
close  our  evidcni-e  as  lo  the  character  of  these 
witnt'sses  againi^t  the  pristmcr  at  the  bar :  we 
hope  we  barcpro^ed  their  characters  to  be  so 

S 


f59J 


9  GEORGE  I. 


Trial  of  Christopher  Layers, 


infamous,  as  no  jury  upon  earth  will  beliere 

I  hero.     Here  is  this  to  he  observed 

Fritoner.  I  be^  panlon ;  liei-e  is  mipfhty 
talk  of  my  arms:  I  am  so  fortunate  as  to 
have  a  person  here  that  will  give  3'ou  an  ac- 
count of  them,  and  bow  tm^y  came  to  be 
brought  thither. 

Mr.  Bowers  iwora. 

Mr.  Ketelbey.  What  trade  aic  you  of? 

Boaers.  A  gunsmith. 

Mr.  Ketelhetf,  Did  you  make  any  fuzecs  ? 

Prisoner.  >lo ;  pray,  let  me  ask  him  :  pra^', 
give  my  lord  and  the  jury  an  account  ot  a 
blunderbuss,  a  fuzee,  a  carbine,  and  pistols; 
what  you  know  of  them.  Did  not  you  owe 
me  six  pound  on  a  note  under  your  liand  ? 

Bowers,  My  lord,  about  five  or  six  months 
a^,  Mr.  Layer  had  a  law  suit  for  we :  I  sold 
him  a  pair  of  pistols,  and  a  little  after  I  sold 
bim  another  pair.  Mr.  Layer  had  them  for  a 
debt :  he  had  in  his  house  two  guns,  i  pro- 
mised Mr.  Beunet  a  gun  when  the  cause  was 
over,  instead  of  money .  1  gave  him  one  of  those 
guns:  there  is  another  gun,  and  a  musket 
which- Mr.  Layer  had  of  me. 

Mr.  Layer  had  a  note  of  mine  for  six  pound, 
which  I  oived  him :  1  importuned  him  to  take 
a  carbine  for  a  man  to  ride  whb,  and  a  blun- 
derbuss for  bis  house,  in  order  to  set  off  this 
debt ;  and  I  brought  him  them  when  he  was 
goinff  into  the  countrv  :  I  brought  him  some 

Eowder,  and  I  brought  him  three  doaen  and  a 
alf  of  cartridges. 

Prisoner.  Did  1  order  you  to  bring  them,  or 
did  you  brinff  them  of  your  own  head  ? 

Awers,  You  hid  me  bring  a  dozen  and  a 
half,  or  two  dozen  $  and  I  brought  three  dozen 
and  a  half:  the  reason  was,  that  1  might 
shorten  my  own  debt. 

Mr.  Baynhcm  sworn. 

Prisoner,  Pray,  will  you  give  my  lord  and 
the  jury  aq  account  of  the  piece  of  arms  I 
had  of  you,  and  for  what  reason. 

■  Raynham,  1  went  with  him  to  one  Mr. 
Prichard's  in  Frid.iy- street,  there  was  a  musket 
in  his  com pting- house;  he  said  he  would  dis- 
pose of  it:  Mr.  Layer  asked  him  his  price;  he 
said  he  would  have  fiOy  shillings  for  it.  Mr. 
Layer  saiil,  that  was  tuo  nni<:h  ;  says  he,  you 
shall  have  a  trini  of  it ;  and  if  your  sister  car- 
rier her  cause  against  Mr.  Watson,  you  shall 
give  me  50x.  for  it. 

Prisoner,  Did  he  put  it  on  me,  or  did  1 
desire  it? 

Raynham,  You  asked  him  what  it  was 
worth,  and  whether  he  would  dispose  of  it  ? 

Prisoner,  Did  not  he  say  several  times  that 
he  warned  to  diFpoae  of  it,  and  desired  me  to 
t«ke  it  on  (ho2>e  tcrnin  ? 

Ixaynhdm,  ^'c.< :  ho  said  on  that  condition 
that  your  si^t^r  ;:rot  li^u*  cause  ycu  should  have 
it,  anid  give  him  5Uj.  for  it. 

BIr.  Sttmuel  SUn-ard  sworn. 
Prisoner,   Mr.  S^«*ward,  only  give  my  lord 
and.  the  jury  an  account  whether  or  no  I  wni 


not  intrusted  with  things  of  great  1 
what  occasioh  1  might  nave  for  a  f< 
whether  you  don*t  know  of  money  p 
mortgages  P 

Steward,  Yea,  to  the  value  of  30  c 
within  these  two  years. 

Prisoner.  Don*i  you  think  it  reai 
to  these  arms,  that  1  shuuld  have  th 
house  to  guard  my  hou.sc  ? 

Steward,  I  thought  it  \ery  reason 

Mr.  Huugcrford.    My  lonl,  we 
with  examining  witnesses,  to  the  cr 
witnesses  produced  a<Tainst  the  pris 
leave  that  matter  to  the  considurat 
jury. 

Mr.  Ketelbey.  Pray,  Mr.  Stewai 
look  upon  that  paper  they  call  A  Scl 
a  French  motto  upon  it.  Before 
uiK>n  that  paper,  1  ask  you  if  you  are 
with  the  hand-writing  of  xMr.  Layer 

Steward.  Yes,  very  well. 

Mr.  Ketelbey,  How  long  have  y< 
quainted  with  his  hand-writinir  ? 

Steward,  Two  years  and  a  half. 

Mr.  Ketelbey,  Have  you  nt  anv 
him  write? — Steward,    Yes,  a  thou! 

Mr.  Ketelbey.  Do  you  believe  th 
hand? 

Steward,  I  do  not  believe  it  to  l>e 

Prisoner,  Is  it  like  I  he  character 

Steward.  Not  at  all :  you  write 
character ;  this  is  a  long  one. 

Mr.  Benntt  sworn. 

Mr.  KetcWey,     Have  you  been 
with  the  hand-writing  of  Mr.  L.iypr 

Ben  net,  I  have  been  very  wtll 
with  the  liand-writin(r  of  Mr.  Layer 

Mr.  Ketelbey,  You  have  seen  liiii 

Bemift,  Very  often,  a  thousand  a 
sand  limc^. 

Mr.  Ketelbey,  liook  upon  that  pa 
you  believe  thut  to  be  his  liand-writii 

Beunet.  No,  my  lord,  1  do  not  I 
to  be  his  hand- writing :  i  never  saM 
a  hand  like  it  in  my  life.  1  don't  tli 
his  own  hand- writing  at  all ;  1  nev< 
write  such  a  hand  tfs  this. 

Att  Gen.  8hew  him  that  [>apcr 
was  a  paper  seized  among  the  prisor 
in  the  great  bundle.]  Look  on  that 
gi\e  my  loni  and  the  jury  nn  accu 
know  whobe  hand-writing  it  is. 

Bennet.  I  believe  it  is  my  0 
writing. 

Att,  Gen,  By  whose  directior 
write  it? — Bennet,    By  Mr.  Layer' 

Att,  Gen,  For  what  purpose  was 

Bennet.  I  can't  remember. 

Att,  Gen.  Did  you  write  th; 
Layer  ? 

Jiennet,  I  believe  1  did  ;  but  J 
what  particidar  reason  I  writ  it  for. 

Att,  Gen.  Now,  my  lord,  here  it 
papers  that  were  fmiud  in  the  bmidl 
the  list*  were  fiMind,  proved  ts  he  1 
Layer'a  ckdc  by  iM.iUiictieai. 


flelipotitif^lufoitsiMllN*- 

Mllii^'lMiid-writiiiff  •  Tct  M  to  Irfi 

VAeO.  IttoAlistofimiiier 
ttoiAgf.    ^BdSmyoareidHyWlist^a 

tali.  Mylord,1ieMidiCwttiihiihiui3. 


iL».'l7«l 


l^ 


.  ThIfiiWi  found  «0oiigft1ifa  pajpers 
Idp.    ftwtsU&enfDtbttlSiiii- 
»tiie  lifts  were. 

Meftejr.  We  rabmft  it  to jfoor  lord- 
|1tte  lory :  ire  ipprehend  we  ftncve 
lirSebeiBe  not  to  belooflr  to  Mr.  Layer. 
imOed  two  witiieMet  tbatbcfelmoWta 
^  jewt,  and  have  seen  hiin  write  a 
gr  fhnca,  md  tinft  they  Terily  beUei^e 
llafcia  facnd-writiBg.  We  don't  knoir 
■  peaiiMe  to  leate  it  on  a  better  foot. 


%  my  lord,  we  aball  leare  it  to  yonr 
Mmelioii,  and  the  ifODsideratioB  flf  the 

fcijfrfinf.  Ifylordy&ntbatlilwid 
Mrfv,  ia»  Aal  ttrit  fentleman  is  indicted 
If  tovaaoB.  The  main  of  the  dim^ 
\  Wf  that  he  was  concerned  in  de- 
s'anlnsarrectiou.  How  that  ^p- 
■va  proved,  1  bare  spoke  to  already ; 

Bi  be  allowed,  that  wbatseever  deao- 
^eonaeqacnioes  miriit  now  have  en- 
lii  iMdh  bMi  no  Mood  shed,  no  armiea 
fc| tnsaaSona  attempted:  and  I  chink 
M-lfti  evidence  that  comes  not  np  to 
MrHIhe  indictment,  the  blood  of  tbia 
^Wrht  not  to  be  reached :  at  least 
flNlmpe  it  shall  not. 
mt.  tiky  lord,  as  to  Lynch,  it  appears 
fcriaaru  into  Essex  was  merely  aoci- 
WUa  we  came  to  the  Green  Nan,  we 
there  three  quarters  of  an  boor ; 
we  went  down  twice  in  the  time, 
business,  this  pobUsbinff  a  de- 
j  of  an  insurrection,  Which  is 
laid  as  an  overt  act  in  Essex ; 
done  before  dinner  bv  his  Own  own- 
I  not  three  quarters  of  an  boor  firom 
t  in,  till  the  time  we  came  out. 
|o  my  lord  North  and  Orev'a ; 
was  niere,  he  is  asked,  if  there 
s  there  about  any  such  design  P 
iras  nothing  said  of  it  there.  Is 
snch  a  design  was  on  foof,  he 
\  ahonid  go  together  to  the  Green 
Jhly  recapitulate  the  alfiiir ; 
I  ire  came  to  my  lord  North  and 
'  fabonldbesaidofit? 

\  to  Ptuokett,  hesaitb  that  he 

1  with  me  first  of  all,  by  rea- 

I  that  were  seised  in  a  bouse 

^  that  he  never  saw  me  till 

■%ia  in   Lincoln's-inn-fields. 

"Am  know  me :  we  lookhig 

Van  be  venewed  his  ac- 

^Md  me  of  foe  former 

'  ttodthereononlgave 

kteMidtmssheb 


kto  tyine  fo  Ibtii^  into  the IMmdeifViir- 
vice.  Be  conrtMsd,  is  t  proted  by  iuyor 
BarMi#dn,  thai  I  gave  it  bidllbrfortiier  ear* 
tices.  JU  ID  ifob  tbirtifen  Ahfltlnga,  he  waa 
askeHy  ^R^wCber  he  did  not  eonie  to  borrow  aoek 

aasiil'df  money  of  mv '.'  \ie  K^^id  Ir;  ilhl  ;  it 
■was  In  Older  to  release  n^njor  Bameiw^ell  out  of 
the'lBdiilMilsca.  Beinti;  asked  uh ether  Ire  was 
nok'aiq^nted  ivitli  m  Datiid  Cj\rroU,  and 
whether  there  wils  not  some  lUflTercnce  about  a 
lidiM  )n  'Spain  betweeii  them  ?  He  said  them 
WALbaii  ttuit  lie  came  to  tkdvbe  ^ith  me,  wbe- 
IherliO  oonld  reco? er  tbe  mottey  of  Daniel  Cftr* 
rollf  'Is  It  not  nataral  thai  tUe  giimea  he  talks 
'of  mitflft  be  anoiber  matiS  muoej,  lb  at  was 
tdWhnil  tVouc  Jeffjevs  was  striit  to  him  by 
me:  haialkK  to  faim  as' to  that  guinea,  when  he 
coniea  to  be  aiked^  wbelber  it  waij  not  purely 
out  Of.ldndness  md  charity  that  1  did  lead  liitn 
fliat  goinea  f  He  doth  not  deny  it  %  aQtl  now 
wonid  inalnimte  that  it  wa3  gi^en  hira  to  list 
men  ftfr  die  Fmender.  From  ibe  iroprolabj- 
lity  cfthe  fob  if,  frotn  hiis  own  owning,  no  per- 
son Goold  believe  tiitn.  1  bdiei^e  tlit^re  are 
ttinety-nine  out  of  a  hitadred  tbat  cannot  Ik;- 
lltfve  one  word  that  eUber  Lynch  or  Plutikeli 


n 


Then  the  neit  tnatitr  they  taOc  of,  tbey 
doceai^ebeme:  kov  bard  and  ilifficitljbwf 
to  ffive  any  evidSMtelbat  so  it  sboaTd  be  leiMi ; 
and  I  bumbly  apnreheod  it  did  ndit  strictW 
amoniittoiegiUevldeiiee.  Mr.IKiyley.lieaaiOt 
fie  knew  my  band  U  or  15  yOteaago,  mid  that 
be  bath  rsorived  letters  from  njeiiboiit  5  ycara 
ago,  and  hath  odmoartitlhls  scheme  withtboi)a 
letters;  and  tbefdbre bis  helices  it  to  fie  my 
hand.  When  he  comes  to  be  asked,  whether 
he  bath  thoae  letters  here  with  which  he  com- 
pared this  schbme  P  No,  I  have  them  not  here : 
yet  chiefly  hu  belief  was  that  it  was  my  hand- 
writing, by  cdinpariiig  these  letters  and  thia 
scheme  to^foer.  This  amounts  to  nothinjr 
tnore,  when  it  comes  strictly  to  be  eonndereOt 
than  only  a  similitude  of  hands,  and  swely  si- 
militude of  hand,  with  snbmission,  ia  not  proof 
in  criminal  cases  :  and  when  It  aoAOonta  to  no 
more,  it  ought  not  to  be  received. 

Here  is,  say  they,  a  circumstance  that  what 
Lynch  and  Piunkett  swore  must  be  true,  be- 
cause here  was  a  scheme  for  an  insurrectioo. 
In  this  very  scheme  or  paper,  as  1  took  notice 
of,  not  one  man  is  mentioned  by  name  in  it ; 
only  soldiers  to  be  hod  here,  the  Tower  to  ba 
seized,  the  Bank  and  the  Exchange  to  be  aeis- 
ed,  and  the  world  to  be  turned  upside  down  ; 
but  by  whom  P  There  is  no  time  mentioned, 
there  is  no  date  to  it  This  thing,  if  it  be  such 
a  scheme,  if  it  had  been  written  by  me,  which 
I  absolutely  deny  that  it  was  wnt  by  me,  it 
doth  not  appear  but  that  it  was  written  several 
years  ago.  When  they  come  to  ask  those  gen- 
tlemen, the  under- secretaries,  if  this  be  so  re- 
markable that  they  lay  the  whole  stress  upon 
this  paper,>  whether  I  acknowledged  it  to  ba 
mine,  tney  could  not  say  I  owned  it  to  be  mine. 
One  of  the  lords  lays  his  finger  on  a  paper  *^ 
aailhy  JDobt  yott  say  thia  abam  amaf 


J631 


9  GEORGE  I. 


L^t  deny  to  be  to.  flow  comes  it  that  none  of 
rtiiose  lords  directlj  oflfered  the  paper  to  me, 
pMiit  asked  me^  Is  ihbt  your  hanii-writincfi^ 
FTbere  was  my  Lord  Chancellor,  my  lord  liar- 
Icourt,  and  several  other  lords  present, ihat  very 
flikely  would  have  »^ke4  that  question ;  but 
r  cither  they  did  Dot  thiuk  it  material,  or  they 
r  liad  not  the  paper  there,  or  they  did  not  think 
I  It  of  that  consequence,  or  they  Itnew  I  would 
^deny  it. 

When  we  come  to  call  witnesses  to  this  wo- 
^man,  this  vile,  this  iofaoious  woraaOf  I  could 
Tihcw  you  she  Ijath  been  privy  to  torjj;eri*?8.     If 

it  was  not  to  take  up  your  lordship^s  iime^  I 
r  could  shew  that  this  is  a  contriTaoce  between 
[m  gentleman  and  her ;  1  ara  very  loth  to  name 

aim,  to  carry  on  such  a  paper  as  this  to  get 
"money  of  the  go?eraix)ent. 

Here  havne  been  five  or  h\x  wiioeases,  whtise 
F credit  stands  onimpeacbed,  who  tell  you  Iter 
t%'ord  is  not  to  be  taken  for  a  throat.  Another 
,  be  would  not  bao^  a  dog  on  her  evi- 
Jitfeoce.  This  Scheme  must  come  from  her ; 
F«be  sav9,  she  had  two  bundles  of  papers  that 
J'^t-ere  delivered  by  me  to  her  »eatetl  up ;  and 
itlie  says  this  Scheme  was  amon^t  them  ;  and 
ribe  can  the  better  swear  it,  Itecause  she  bath 
^»et  her  mark  upon  it.  Ooe  of  the  messengers 
Jdolh  not  know  whether  she  was  in  the  room  or 
'no.     if  this  woman  is  not  to  be  believed,  then 

all  the  other  evidence  relating  to  ihh  paper  falls 
the  ground.    It  is  a  maxim  in  reason  as  well 
^Rs  law  }    take  away  the  Ibuodiition,  and  the 
[Work  must  falK 

Gentlemen  of  the  jury,  I  would  have  you  to 
.take  notice  of  this  evidence,  and  not  go  away 
^"with  a  mistaken  notion^  because  here  is  a  vast 

ileal  of  talk  about  the  Pretender,  going  to  Rome, 
rltstiug  of  soldiers  for  the  Pretender's  service, 
J  Sec,  Your  lordship  will  tell  them  all  that  is 
rtiothing^,  unless  they  believed  an  overt  act  to  be 

done  in  Essex  r  that  is  the  true  Estate  of  the 
^  case  with  bumble  submission.  Therefore  I 
'bopp  such  evidence  as  this  evidence  of  Lynch 

and  Phiiikelt  (but  only  to  confiue  it  to  that  of 
^  J^lr.  Lynch)  Oaih  proved  nothing  at  all  against 
'me  ;  and  if  what  be  hath  sworn  doth  not  affect 

Die,  then  all  the  other  standi  for  nothing :  that 
'is  the  true  stale  of  the  case.  I  would  not  have 
'*^the  jury  think  a  man  is  to  he  hunted  out  of  Lis 
[life  by  fine  speeches,  farfetched  innuendoes^ 

and  the  like.  You  will  consider  the  character 
■"of  this  man,  thai  he  is  not  to  be  lielievt^d.  Til 
rieave  it  to  you,  and  1  hope  God  Almi^fhty  will 
^  direct  you  :    I  ask  you  no  more  thnn  justice. 

If  a  mau's  life  is  to  be  taken  away  by  such 
l^ scandalous  evidence  as  hath  apfieared  against 
I  ^e,  there  is  an  end  of  all  your  libertiey,  your 

wives  may  be  taken  from  you^  your  children 

inade  slaves,  and  all  thfal  is  valunble  to  you, 
I  jonr  lives  and  estates  will  be  hut  very  preca- 
\  lions. 

.      SjL  Gen.  May  it  please  your  lordship,  and 

ryou  gentlemen  of  the  jury,  you  have  heard  a 

»erv  long  evidence,  and  it  is  my  part,  as  ex- 

muY  and  faithfully  aa  I  cmi,  to  sum  up  to  you 


TrialofChrisfophfY  Layeff  [264 

the  substance  nf  il,  and  to  reply  to  the  objec- 
tiuns  which  have  been  made  on  the  bd|^^jf] 
the  prisoner ;    as  w*  II  to  sucb  ol 

have  been  madf  by  t-be  prisoner  hii 

by  his  counsel  for  biro,  as  I0  tbo«e  wlitefl 
from  the  evidence  that  has  oomt:  out  f> 
mouths  of  hia  wituesses:  And  nlW  1 
done  this,  I  doubt  not  but  it  will  ap^ieartf 
satiis faction,  that  thp  evidence  which  baa 
given  for  the  king  stands  unanswered,  and  b  1 
strong  proof  of  high -treason  against  the  pri* 
sooer  at  the  bar. 

Gentlemen,  the  treason  with  which  t lie 
soner  stands  charged  is  com  pa  fusing  and 
gining  the  death  of  the  king.  This  hig^h 
cnnsista  in  the  imas^iuation  of  the  heart  \ 
must  be  proves!  and  made  out  i^^insl 
ofiender  by  acts  which  he  haih  dotie, 
overt  acts  of  this  trea^ion  ailed  12 ed  to  be 
by  the  prisoner,  are,  in  the  fir«t  place,  o 
ing  nod  conspiring  to  levy  war  agaiitsl 
majesty  :  In  th^  next  pbce,  publishing  a 
sonubte  declaraiionp  containing  exhori  ^^ 
encouragements,  and  promises  of  rewBnU,l^^ 
stir  up  thii  king^s  subjects  to  take  arms,  and  | 
rise  in  rebellion  against  h\^  majesty  ;  cofttdit^  | 
ing  and  conspiring  to  exalt  the  Pretender  la  tbs  . 
crown  of  this  reahn,  and  put  him  in  posscsaioo  J 
of  the  government  by  armed  force,  and  truopf  . 
lobe  levied  jjir  that  purpose;  the  actual  io» 
lji>tihg  and  retaining  of  men  to  serve  in  this  re^ 
be] lion  ;  and,  BiiaUy,  a  conspiracy  to  seia^e 
imprison  the  sacred  person  of  the  king  hii 

Genllemeiu  the  heinous  nature  and  di 
tive  tendency  of  these  facts  were  fully 
plained  to  yo\i  in  the  opening  of  the  cause, 
they  had  met  with  success,  the  event 
undoubtedly,  have  been  no  less  than  the 
subversion  of  our  present  happy  e«tablishm 
and,  in  consequence  of  that,  the  lo^s  of  er^ 
thing  that  is  dear  and  valuable  to  t)S.      For 
reason  it  was  rightly  admitted  by  one  of 
counsel  for  llie   prisoner,  that  the  criroi 
'proved,  ia  incapable  of  aggravation  ;  and 
so  J  although  it  is  impossible  to  say  I04j  11 
concerning  it,  yet  to  say  a  great  deal  to 
must  be  unneeeitsary,  because  it  is  eijually 
possible  fur  the  hearts  of  Knglishu»en  and  ] 
testanUs  to  suj^^ge^^t  too  little  to  themselfi 
so  important,  so  moving  an  wcasion. 

The  evidence  which  has  been  given  €< 
of  several  parts  and  different  kitiils,  every 
of  which  conduces  to  support  and  ccirrof 
the  other,  an*l  taken  togL^her,  they  m 
the  fullest  and  must  convmcing  testimony 
can  be  expected  in  any  case.    In  the  first  pi 
living   wilnesses  were  produced   to  yoii 
were  privy  to  the  treasonable  acts  and 
tationa  ;  in  the  next  place,  several  papers 
lipeo  read  to  you,  some  of  them  written 
the  prisoner's  own  hand,  but  all  of  ihcti 
longing;  to   him  ;    and  last  of  all,   you 
the  coofession  of  the  prisoner  himself  pi 
by  two  witnesses. 

The  first  witness  was  Mr.  Stephen  Lyncb^ 
who  gives  you  an  account  in  what  manner  he 
was  lirEl  inuotUiced  to  the  priioutr  nt  the  bar* 


JfW  High  Trraion* 

l«  tHU  yon  he  came  into  Eiiglaml  about 
illsfl,  mtul  bud  spreral  rneeling^s  ^ith  one 
,  Miir|»hey,  wh«  wiui  his  oltl  acquaintance. 
tiN9M  oieetin^B  they  haii  a  iliscour^e  rebt- 
to  Iba    Prf;t«;iHler,  and  an  attempt  to  be 
\  for  in  i^^^r-nerai  rising  in  bis  tavtinr  ;    and 
ivin^  thus  iii**ciosed  the  secret, 
I  if  he  wy old  lie  of  the  party,  he 
■inend  him  to  a  (fenileman  who  had 

4e  share  in  the  maiia<reinent  of  the 

l^^nch  tookVime  to  deliliratr  upon  it, 
laia  mo  or  three  days  after  told  Miir|jhey 
fct  w  w«oh  ed  to  be  of  the  party. 

Mi^nyn  •r*ts  m  June  last,  Dr,  Morphey  carriea 
E^axk  to  thtt  prisooei^s  house,  who  |jra|>o»0<l 
Ji  lioB  tci  ^  to  ihe  Griflin-tavern  in  Holborn. 
IMber  lliey  went,  and  the  prisoner  1*00 n  canrve 
<liliieiii  ;  and  you  have  heard  in  nhat  manner 
Hspbey  pr^*^nied  Lynch  to  the  prisoner,  as 
l«^  the  gentleman  he  had  before  ^y^ka  to 
ItBiiT^  axid  what  propfisals  'were  made  at  that 
" — ^"-^  by  the  prisoner  to  Lynch*  That  there 
be  an  insurrection  in  the  kingdom  in 
Qtof  Ihe  Pretender,  in  which  they  ahonld 
W  sD^ported  by  a  great  many  of  the  army  and 
I  well  &ji  by  several  of  the  nobility 
and  that  he  wanted  a  fit  per^ou 
the  6rst  steps  in  it  by  aeizing 
ptnoo  of  some  general^  or  other  greut 


^^BD^pvTicu  oy 
gbt  fnords,  oi  w 
mi  weBAxyi  an 
iilidteocieof  il 


It  may  be  proper  here  to  take  notice  of  an 
ab)eaioii  which  was  made  to  this,  which 
ii  cbe  r^ry  beginning  of  our  evidence :  Thai 
LjflicV  *  :  in  absolute  stranger  to  tht?  ]m* 
MBer,  p^iiraordinary  that  the  pri seme r 

iboulii  ruaivrr  H  proposal  of  j»o  clungerous  a  na* 
lur«  to  him  at  in%\  %\\r\\\.  But  this  ia  plainly 
aceotmt«^fi  inr  Uy  the  witness^  who  telU  you  he 
Wti  I  acquainted  with  Dr.  Murptiey, 

wd  .^i  r  i      .i  was  very  intimate  with,  and  intro- 


him  to  the  prisoner  as  a  friend  who 
Might  be  confided  in.  Agiieeably  to  thi^  you 
tbKrte,  that  the  first  thing  the  prisoner  ac~ 
9Mted  Lynch  with,  was,  that  he  had  had  such 
ntoiiif  r^comnienflations  of  Lyncb^  that  he 
vti  fully  *atis6ed  in  him. 

Tbia  witness  gueti  un  to  give  you  an  account 

IhMio  a  day  or  two  alter,  in  pursuance  of  the 

Hiaetffiea  he  had  recci?ed  from  the  prisoner,  he 

ip«il  to  the  same  taTero,  and  sent  for  the  pri- 

They  had  »ome  further  conversation 

a  ni^iiiu''f  "md  the  iocltnaiion  which   ap^ 

in  the  n;itron  for  a  revohiiion.    And  now 

il  via  that  prisoner  informed  Lyuch  that  there 

^Pii«   great  man  at  the  head  of  ihiH  afiair, 

«i«jic&er  wanted  wii,  omrage,  or  restitution, 

•ad  aroold  at  a  proper  time  give  Lyuch  orders 

l»  cflvsci   something    considerable.        At   this 

•MdiDg    the    pri^ner    nariicolarly    engaged 

X»yikcb  to  seize  the  earl  of  Cadogran.    The  rea  • 

mm  of  tliii  attempt  the  witnes§  gives  you,  that 

it  trai  itiorUer  to  discourage  the  kintjV  parly 

•nd  aoiinate  the  Pretender ^».  And,  gentlemen, 

tbe  nwaatng  of  this  is  plain  and  obvious^ ;  for  If 

tnsttfrwtioii  was  begun,  what  could  be  more 
USaAy  lo  create  a  confusion  in  the  army,  and 
"  Ibe  tokiteri  to  revolt)  which  appaars  to 


i     ilUyi 


have  been  a  main  part  of  this  design ,  than  tlie 

seizing  of  their  geoeral? 

There  were  several  other  meetings  both  be* 
ore  and  after  the  prisoner's  going  into  tiio 
cotiniry,  where  the  witness  told  you  he  had  ' 
*itaid  ^txteen  or  seventeen  days.  At  those  meet- 
ings they  di$t:ourspd  concerning  theconspiracy  j 
and  at  one  of  them  it  is  remarkable  the  pri- 
soner tohl  Lvuch,  that  if  they  once  made  a  be- 
ginning here,  th£*y  should  want  no  assistance 
from  abroad.  And,  utlajtt,  Lynch  tells  you,  that 
he  being  under  iie«:essitie9,  expressing  great  uo* 
ea<iiness  at  the  dday  of  the  project,  and,  as  I 
remember,  talking  of  going  beyond  sea,  the 
prisoner  actually  advanced  to  him  a  sum  of 
money,  no  less  than  eight  or  ten  guineas  at 
difl'erent  times,  in  order  to  engatyp  him  to  stay 
in  England,  audio  a^^si^t  in  the  intended  deitigii 
of  a  revolution.  This  is  one  proof  of  m% 
overt  act  laid  in  the  inilicttnenl  of  listing  men. 

As  they  had  considered  how  to  fijspose  of  the 
general,  so  it  appears  they  did  not  neglect  the 
army;  for  Lynch  ncmmints  you,  that  upoti 
discourse  about  that,  he  asked  what  encou* 
ragetnent  they  had  from  the  army  ;  upon  which 
the  prisoner  answered,  That  they  hail  great 
encouragement  from  thence,  and  several  ser^ 
jeantfi  and  common  soldiers  had  ^men  them 
reason  to  belicvf  they  would  join  tliem.  Lynch 
being  asked  a^  to  the  time  when  this  design 
was  to  be  put  in  execution,  he  told  you  thera 
was  no  certain  time  tixed,  hut  the  prisoner  io- 
formed  him  it  was  to  be  at  the  breaking  op  of 
the  camp  \  and  tit  the  same  time  gave  a  rea- 
son for  it,  which  is  by  no  means  lo  be  passed 
over,  ^'  That  they  could  not  have  so  good  op- 
portunitieH  to  talk  with  the  soldiers  (that  is,  to 
seduce  them  Irom  their  duty  and  allegiance) 
whilst  they  were  encamped,  as  in  their  <{uar- 
ters/*  Pursuant  to  these  consultations,  Mr, 
Layer  afterwards  told  him  it  would  be  neeea- 
nary  to  take  a  proper  time  to  view  my  lord  Ca- 
dogan*s  house.  The  pretence  for  going  thither. 
was,  that  Layer  had  a  particular  of  an  estate 
which  was  to  be  sold  to  lay  before  his  lordship. 
He  tells  you  that  in  fact  they  went  to  the  house, 
surveyed  it,  talked  of  the  feasibleness  of  the  at- 
tempt, and  at  thai  time  they  also  discoursed  of 
seizing  the  Tower ;  and  the  prisoner  told  the 
witness  that  tlve  Tower  would  be  immediately 
sutTendereii  to  the  party  on  the  day  the  plot 
should  be  put  in  execution  ;  for  a  certain  officer 
would  take  ufion  him  to  mount  the  guard  there 
that  day,  who  would  facilitate  the  delivery  of  it 
to  them.  And  the  people  ofthe  Mint  were  at  the 
lame  time  u*  have  arms  put  into  their  hands. 

This  is  a  very  remarkable  passage,  and  faltt 
in  with  the  scheme  which  was  afterwards  pro> 
duceil  you  in  Ihe  |irii$oncr*s  hand  writing. 

The  next  meeting  where  any  thini^  pass- 
ed worth  repeating  to  you,  wa<;  ut  the 
Queen ^8  Head  tavern  in  Great  Queen-street; 
and  when  the  witness  came  to  the  prisoner 
there,  he  found  one  Wilson  in  company  witU 
him,  and  another  man^  who  seetned  by  his 
clothes  to  be  a  Serjeant  of  the  guardd.  '  The 
uae  to  be  nctade  of  that  fiict  ia,  that  it  is  a  cit- 


4 


SB7] 


9  GEORGE  t 


eamstanoe  which  falls  Id  with .  tlie  written 
Scheme;  for  you  obseired  that  one  Geoi^ 
Wilson  is  there  meDtioned  as  the  person  who 
was  to  manag^e  the  seijeants,  and  reccire  orders 
froui  the  principal  officer.        * 

At  this  meeting  Lynch  tells  you  they  talked 
ov«r  the  business,  and  drank  good  snclsess  to 
the  enterprize.  When  they  parted,  he  com- 
plained to  the  prisoner  of' the  k>o<*'  delay.  Upon 
which  Mr.  Liayer  told  him  there  was  a  noble- 
man at  the  head  uf  the  desig^n,  who  had  fuii 
power  and  authority  from  the  Fretendei*  (whom 
Be  called  kin^,)  who  would  lose  no  fit  op|>ortu- 
Dity  to  put  it  in  execution.  He  did  not  name 
this  nobleman,  hut  tohl  Lynch  that  he  should 
be  iiresented  to  him  in  dne  time,  and  also  re- 
ceive orders  Irom  him  to  seise  my  lord  Ca- 
doii^an. 

Gentlemen,  it  will  be  rery  material  for  yon 
to  fix  thi»  circumstance  in  your  memories,  and 
to  connect  it  with  the  evidence  which  comes 
afterwanis,  and  what  was  done  in  consequence 
of  this  meetiofi^. 

For  after  Layer  had  f  hns  declared  that  there 
waM  a  nobleman  at  the  head  of  the  conspiracy, 
and  Lvncli  should  be  presented  to  him  in  due 
time,  thro  it  follows  that  upon  the  $4th  of  Au- 
gust, the  dav  the  bishop  of  Rochester  was  com- 
mitted to  tfie  TiJwer,  which  appears  by  the 
evidence  to  be  the  time  of  their  next  meetinqf, 
Blr.  Lnyer  proposed  to  L3mch  to  ride  out  to 
take  th«*  air,  which  was  agreed  upon  for  the 
next  day. 

In  tliat  joumev  the  prisoner  pemiade<1  Lynch 
to  carry  arms,  because,  as  he  then  decl:ired, 
*<  He  had  that  about  him  which  he  would  not 
lose  for  all  the  worW.**  Upon  the  road  Lnyer 
told  Lynch  tiiey  were  to  go  to  my  lord  No'rth 
and  Grey's,  and  when  they  were  got  pretty 
near  the  Green  Man  at  Laytonstone  in  Ks!«ex, 
it  was  thon^-lit  to  be  too  kite  to  go  on  to  dine  at 
lord  North  andG-rey's;  and  therefore  the  ]>ri- 
aoner  proposed  to  stop  at  the  Green  Man  to  tak« 
a  dinner. 

At  this  place  the  overt-acts  of  higb-timson 
comntiitcd  in  Ksscx,  which  we  were  so  much 
called  iijxtn  to  make  out,  do  arise.  During  their 
stay  li(^'e,  the  witness  gives  you  an  account 
that  they  di:«C(>urscd  of  the  whole  project  of  the 
insiiiTfctitin,the  lueansol'eflectini,^  it,  tlie  unea- 
siness that  wns  in  the  nation,  and  in  creneral  ail 
the  M>veral  nintteis  they  had  consulted  of  be- 
fore ;  and  at'ler  they  ha(rdone  this  he  tells  yon, 
Mr.  Layer  the  prisoner  pr\>f)0swl  to  him  that 
deustab:c  and  shockinij;  dcstirn  of  seizing  the 
sacred  person  of  tlic  king,  which  he  sometimes 
called  ^*  sending  u  strong  guiird  to  take  care 

of" at  other  times  to  secure,  the  king's 

person. 

He  telU  you  farther,  that  Mr.  Layer  nulled 
out  of  his  pocket  a  manuscript  paper,  anu  deli- 
vertd  it  lo  the  witness  in  prt  toldetl  down,  and 
he  read  that  part  of  it  w  hieh  was  left  open. 
That  this  paper  contHined  a  declaration,  with  a 
recital,  that  my  lord  Cadogan  was  then  actually 
in  their  custoily  :  That  there  were  in  it  invi- 
tations to  the  x>copl«  to  ri»e  in  ariw  and  repair 


*isr^ 


Trial  qfChrutopher  Layer ^ 

to  their  party :     enoornvgementi  to  \ 
diers  to  revolt,  with  an  offer  of  three  (^ 
every  horseman  and  seijeatit,  two  gala 
eviTy  corporal,  and  one  ^ineft  to  ereiy 
mon  soldier,  to  be  peid  immediately  9m 
joining  the  party ;  and  a  promise  oflT    — " 
rewai^is.     Lynch  a^uaints  j'ou,  thitfT 
souer  talked  of  this  declaration  bimr^ 
own  composing,  and  that  from  the  i 
which  passed  l^txvcen  them,  and  the  i 
a  nee  of  the  paper,  he  apprehended  it  I 
the  prisoner's  hand-writing. 

My  lord,  after  lliis  declaration  bad  I 
port  need,  the  prisoner  took  it  bock  eg 
It  into  his  pocket,  and  kept  it ;  and  tfa 
the  paper  itself  being  in  his  custody,  i 
properiy  admitted  to  prove  the  contents « 
parole  evidence ;  and  I  apprehend  if  \ 
no  further  proof  of  these  overt-acts  whie 
done  in  Essex,  this  alone  is  fully  x 
maintain  the  indictment  to  he  regnilarfH»y 
profrerly  found  in  that  county. 

From  the  Green  Man  they  went  on 
ping,  to  my  lord  North  and  Grey's,  witftai 
It  b  admitted  the  witness  was  not  at  fli 
quainted,  and  consef|uent]y  could  not  of  ' 
self  have  any  particular  reoson  for  goii^ 
ther,  but  it  appears  to  have  b<»en  upon  ifcr  "i  ^^ 
tion  of  the  prisoner.    When  tliey  came f^^^JX 
lor  J  North  and  Grey's  house,  Lynch  telli  jT^T' 
tliat  the  prisonpr  introduced  him  to  hii  '^Ti  * 
ship  ;  and  this  brings  liack  to  one's  iBem<^|^^2 
and  makes  it  impossible  not  to  recollect  ^J^Sl 
the  prisoner  had  tohl  Lynch  at  tberr  fasttMC^^^L. 
ing,  in  time  next  preceding  this  joumev,  *'''^^. 
there  wa«  a  great  man  at  the  head  of  tms  ^*2Z 
sign,  to  whom  he  should  be  presented  in  it**^ 
time.  ^^ 

Gentlemen,  aHer  this  Lynch  went  a  wBOfO^ 
time  to  my  lord  North  and  Grey's  at  Eppiit^^ 
and  there  he  found  the  prisoner  at  the  bar ;  in'* 
deetl  he  does  not  own  to  you  that  any  thiniT 
passed  between  them  relating  to  this  cons|iinief 
in  the  i>resence  of  my  lord  North  ;  but  at  tti^ 
]dace  Lynch,  in  conversation  with  Mr.  LayHS 
'  expressed  an  uneasiness  that  the  affiiir  vrasd^     /^^ 
I  Inyed ;  but  Layer  bid  him  be  easy,  for  it  might    ~ 
I  be  done  sooner  than  he  expected.  ' 

I      Gentlemen,  this  is  the  substance  of  the  eri^ 

deuce  of  what  passed  in  Essex.    But  the  wi^     ^ 
I  ness  tells  you  he  had  atlerwards  several  oon^    r^ 
\  versations  with  Mr.  Layer ;  and  when  he  e»-    ^ 
'  pressed  his  concernment  at  the  delay  of  pottia||   ^^ 
the  di-sign  in  execution,  Layer  told  him  he  was    r 
I  so  l)ent  u{M)n  the  success  ot  it,  that  rather  thsi 
it  should  fail,  he  would  be  a  second  Massinelb: 
I  This  was  represented  as  a  ridiculous  expressioii 
j  by  one  of  the  counsel  for  the  prisoner :  but  iv% 
i  have  all  heard  what  cont\isions  were  raised  b)^ 
I  that  profligate  fellow  in  the  kingdom  of  Naples;      .' 
I  and  it  is  plain,  that  was  the  example  the  pif* 
soner  referred  to  by  this  exprr^ssion. 

Mr.  Lynch  was  cross-examined  by  the 
oonnsel  for  the  prisoner,  with  as  mnch  liberty 
as  they  thought  fit  to  use  ;  bnt  1  did  not  ob- 
serve that  his  evidence  was  at  aH  weakened, 
1  think  1  may  tay,  it  was  rather  conftrsNd  by 


K9]  ./or  High  Treason. 

it,  lince  it  «va»  nnon  their  own  q'.iestioiis  he 
fit«  h»  reasons  now  Layer  came  to  deal  8o 
0'^}'  and  unguardedly  niiib  him  at  first  sight. 
And  ihoae  reasons  were  strong ;  for  it  is  not 
improbable,  if  Murphey  and  Layer  were 
cocked  io  a  treasonable  design,  that  one  of 
thou  should  liaTe  confidence  in  a  third  person 
m  w  itruog  recommendation  from  the  other. 

TW.  next  witness  is  Matthew  Plunkett,  and 
1  tafitbend,  notwithstanding  evory  thing  that 
ktu  tan  said  against  his  testimony,  that  it 
is  mbfr  strengthened,  as  to  the  facts  sworn  by 
hi^  dban  weakened  by  the  evidence  for  tlie 
prwmtf.  He  tells  you,  his  first  acquaintance 
vih  Mr.  Layer  was  about  five  years  since, 
Mrf  bad  lift  rise  upon  this  occasion  :  the  goods 
■  ibe  bouse  vilierc  the  prisoner  then  lodged, 
hdng  taken  in  e.Necntiony  (whether  his  own 
fitds  or  not,  is  nut  at  all  material)  one  major 
BHBewen,  who  has  been  examined  for  Uie  pri- 
mm^  was  employed  to  procure  persons  to 
iHBC  those  giuds ;  Hamewell  applied  to  this 
■VMS,  who  got  two  grenadiers,  that  were  let 
ii  gt  m  private  door  by  31r.  Layer's  clerk. 
Th^  did  their  work,  drove  out  the  uiiiccrs,  and 
amedlbe  goods;  and  f'lr  this  sen  ice  Air.  Layer 
nwaids  tliem  with  a  crovTu  and  some  brandy. 
Hbee  that,  it  appears  he  Ims  been  empIo^-eJ  on 
flibcr  messages  between  major  BiiruewiH  anil 
Ibe priaoDer ;  and  in  v.  hat  rraniier  Plunkett  is 
■pported  in  llicse  circumstaiiccr,  and  by  con- 
■faeace  in  the  rcf:t  of  his  testimony,  by  irinjor 
^  BiraewcU  hiiiiFt-ir,  who  has  been  produced  io 
fciiidi*.  htm,  I  s!i:ill  obsf^rrc  wlien  1  come  to 
fanider  the  etidence  for  tlio  pri»on(:r. 

Bui  the  witness  havin;v  irivon  you  this  ac- 
CMn»  cf  ll:r  intrrdi;?:ion  i'»  ^^l•  c-^viT.:j>pi!i!r:'.f  c, 
tilli  you.  xl.r.t  \:i  July  list,  J:.nics  Pl-.iukctt 
one  lo  hill  \'\nn\  the  p:'«- jikt.  cnqnirrd  pri- 
mely what  :».rq'.iaintance  hv  had  lunoniTstthc 
•W.-r*.  p.rA  ilisireil  hint  to  mcft  t!:p  |jrist>ncfr 
It  llie  lla:i:.n  roirpp-Lous'  in  Rn.-.  ;cl- court ; 
Wbe  di'!  fiotr.^.uet  bim  tlic^re,  not  havjn;r  money 
Mr  iacliuation  to  i^o  to  a  OMfletr-liouso.  Me 
ptn  you  :iri  account ,  that  on  thi;  Sunday 
bBwrinj, riiiiniingfro'ii  St.  Amircw's church, 
Mbc  wa»*  i^oinjf  over  F.«nco|u's-iiin- fields,  Mr. 
la)#T  n.*-t  bin>.  I'lMikett  had  Jbr(roiten 
Ujer's  t.ire;  bat  Luycr  roiiKtr.bcicd  iiiui. 
Hi  Sftkifj  htm  if  be  knew  h'.ui ;  to  which 
ikfrit  aiiMvcTinic  that  Itr;  diil  i::ir,  the  pri- 
r  told  hiir.  hi  name,  \y\\\v.\\  maile  bim 
lyiut.  Layer  then  f  TitMMicilir.faniesPlun- 
pha'i  ii't  lirun  uilh  tne  uitiiess,  tii  desire 
htoi-(iM>  to  the  ila!iaricorrci>-iiouse,  a  few 
li:*i''>ie;  nod  liavintT  niade  bimsdf 
by  ll.-esr  cir(-iiiiL';<:uice>i,  look  I'loiikett 
;i!  a  I'liii* 
uilli  iU- 

;  ^..i'l  ii«> 

i';«':.l..t! 

*«iald  lie.i#l  andfh>3ci[''iri.'  n  u:t.>b.  f'>r 

■Tinen  cnDUi^h.     Piuii!>-ett  suiii. 

*Tal  old  soldiers,   but  he  iicsi- 

^^  tbe  Pretender's   being  a 

ItitalMaff  il)e  force  of 


lpriv:iti'  plr.rre.     'I'iirr.-  list  \ 
at  ion,  in  lui'di  ]/t\'  ;-  ! 
'  bow  M«1I  assur<  d  !' :  u:< .  r. 
Uons  to   I'le   \\i  U.-:.'.vr.  : 
same  idd   s:jlilin-s,  mi:-  !i  i 


A.  D.  1722-  [27a 

that  scrapie,  answered,  **  We  had  as  good  have 
a  Papist  for  onr  kiog  as  a  Lutheran,  I  don't 
know  \\hat  difference  there  is  between  tliem" 
(tliatih)  between  a  Popish  king  :uid  a  Pro*. 
testantone-^ — An  im]Mirtant difference!  which 
I  wish  with'^all  my  soul,  were  not  too  much 
forgotten,  or  |)erhaps,  too  little  valued,  bj 
many  amongst  us,  who  are  not  so  frank  in  de^ 
daring  as  the  prisoner. 

Mr.  Layer  proceeded  to  excite  the  witneu  to 
join  in  bis  treason,  by  a  false  representation  of 
tbe  state  of  the  nation,  and  particularly  of  the 
injustice  as  he  called  it,  which  was  done  to  old 
soldiers  who  had  served  abroad;  a  topic  most 
likely  to  captivate  an  old  Serjeant.  After  thia 
preface,  he  informed  the  witness  there  was  to 
oe  an  insurrection ;  and  Plunkett  askinj^  who 
was  the  promoter  of  the  design,  tokl  him  it  was 
my  lord  North  and  Grey,  whom  he  commended 
as  a  due  general ;  anil  then  he  went  through  a 
sort  of  list  of  several  other  persons  of  consi- 
deration. The  witness  has  declared  that  ha 
knew  several  soldiers,  said,  be  could  procure 
(ive-and-twenty,  whereupon  Mr.  Layer  desired 
he  would  make  a  list  of  their  names,  and  the 
places  of  their  lodirings,  that  thej-  might  be  in 
readiness  upon  calj ;  and  at  partmg  gave  bun 
half  a  crown. 

After  they  had  thus  talked  of  the  conspiracy^ 
there  followed  a  very  observable  passage  ;  for 
the  prisoner  declared  that  tbe  design  had  l>een 
put  in  execution  some  time  ago,  if  some  person 
had  not  discovered  it  to  tiie  FremHi  amlNi>»sador9 
who  writ  of  it  to  the  recent,  and  tio  it  was  no- 
tified to  the  king.  Ilouever  even  this  apjire- 
hcnsion  of  a  discovery  did  not  terrify  them,  for 
t!i(*  project  was  to  <;o  on.  Tbe  late  duke  of 
Orniond  was  to  come  in  a  single  ship,  and 
general  Dillon  in  another,  and  they  were  to 
bring  others  with  tbeni ;  which  you  take 
nf;ticc  fulls  in  witii  the  eudcnce  of  Lynch,  that 
Layer  declared  to  him  that  they  shouhl  not 
want  encouragement  or  assistance  from  abroad, 
when  once  they  had  made  a  beginning  here. 

The  next  intercourse  between  tlie  prisoner 
and  riu::kett  was  not  personal,  but  by  the 
nioaus  of  one  .lefl'reys,  a  non-juring  c1^rgy  man. 

(iiM'leruen,  you  observed  that  tho  prisoner 
told  I'iut.i.nt  al  parting,  that  he  would  send  a 
n)l^^et  '^i-v  Hi  Itiiii  with  mont-y ;  and  afterv^arda 
al  ikis  ovvii  house,  on  the;  nioVning  he  went  out 
of  t  'Sn  fui-  N'oriolk,  that  he  had  left  a  guinea 
wi-ii  a  noM  -jining  clergy  man  to  give  him  to  do 
service  with; — and,  snys  Layer,  whilst  lam 
ai)niiui,  you  muy  bo  sure  I  shall  not  be  idle. 
\ceovi;in*gly  Mr!  Jetlreys  eanie  uiihin  a  few 
•I  'N^  al'tcr,  and  appears  to  be  that  eUr^yman  ; 
f -r  lie  said,  he  eauie  from  Mr.  Liu-r.  tie 
tells  \ou,  tluy  diseouised  on  the  old  subject, 
Mill!  Ji  tlVi-ys  desired  he  wouM  get  men  in 
n.'-'Mir^s.  :iiut  said  he  l::id  ^<'^4'lal  other  places 
i'>  :<o  t'»  ou  the  s:.ii)c  err:>nd.  .Iefi'n-\s  gave  the 
u.liif.ss  fio  ut"ne\  at  tliai  litfie.  hot  came  a 
stC'Uid  lime,  :ind  giUi*  iiini  oiiiy  balf  a  guinea, 
w  liieli  he  said  Ij»\  er  li:w{  mi. I  liim  for  hi^  enc0u« 
riiufenitnt.  lUisid^-s  liiis,  he  tills  you  liayer 
gake  hiiu  a  crotvn  at  tlie  Castle- tufern,  in 


971] 


9  GEORGE  I. 


Drury-lane,  expressly  to  encoura^  him  to 
list  men  for  the  Pretcoder.  Upon  the  pri* 
soner's  return  to  town,  a  letter  vras  sent  by 
Jetfre^s  to  the  witness,  to  desire  bim  to  go  to 
the  pnsoner*B  house ;  and  when  be  came  there, 
the  prisoner  ga?e  him  a  guinea  with  liis  own 
hand .  There  were  several  other  conyersations, 
aeyeral  thinss  said  to  keep  Plunkett  firm  to  the 
design,  and  many  groundless  and  malicious 
slanders  cast  by  the  prisoner  upon  his  majesty's 
ffoyemment;  and  in  all  those  conversations 
Plunkett  tells  you,  the  prisoner  always  stiled  the 
Pretender  king.  It  would  be  tedious  particu- 
larly to  repeat  all  these  things  to  you ;  but  there 
is  one  thing  I  can't  help  olMerTiiig,  before  I  go 
off  from  this  part  of  our  evidence,  I  mean,  that 
Plunkett  told  you  more  than  once,  that  he  was 
to  procure  five- and- twenty  old  soldiers  for  the 
service.  Now  that  happens  to  be  exactly  the 
number  which  is  assigned  to  each  of  the  eight 
Mijeants  in  the  prisoner's  own  Scheme,  which 
was  produced  to  you,  and  is  a  strong  circum- 
stance in  support  of  this  witness's  testimony. 

Gentlemen,  I  have  gone  through  the  evi- 
dence of  these  witnesses,  and  I  beg  l«*ave  to 
say  they  are,  within  the  meaning  and  inten- 
tion of  the  law,  two  witue&>esto  prove  the  high 
treason  charged  upon  the  prisoner ;  and  it  hap- 
pens in  this  case,  that  they  make  out  all  the 
particular  overt  acts  alleged  in  the  indictment. 

Both  Lynch  and  Plunkett  prove  repeated 
consultations  to  levy  war,  to  bring  in  the  Pre- 
tender, and  the  actual  listing  of  men;  and 
Lynch  alone  proves  the  publishing  the  treason- 
alile  Declaration,  and  that  part  of  the  desiirn, 
which  nobody  can  hear  without  the  utmost  in- 
dignation, the  seizing  his  majesty's  person. 
From  henceforth  i  apprehend  I  may  take  it, 
that  the  charge  is  proved ;  though  in  truth  we 
have  gone  a  great  deal  farther  in  order  to  put 
the  testimony  of  these  witnesses  beyond  all 
doubt,  to  deliver  them  from  all  (MKsible  objec- 
tions, and  to  demonstrate  to  you  the  nature  and 
extensiveness  of  this  black  conspiracy. 

The  next  head  of  evidence,  is  that  of  the  pa- 
pers ;  and  notwithstanding  the  little  cavils 
which  have  been  urged  against  them,  those 
papers  are  fully  proved  to  be  the  prisoner's, 
and  by  him  delivered  to  Mrs.  3Iason.  It  stands . 
thus;  Mrs.  Mason  swears,  that  the  prisoner 
delivered  these  pa|)ers  to  hor  in  two  packets,  as 
thuigs  of  great  consequence,  Si*aled  up  with  his 
own  seal,  which  seal  is  now  remaining  anil  ap- 
pears on  the  covers.  That  she  locked  them  up 
safe  in  her  trunk  till  thev  ^ere  seized  by  the 
messengers,  and  out  of  tliat  trunk  the  messen- 
gers took  them.  That  she  set  her  mark  upon 
each  particular  paper,  ^liich  appearsto  be  the 
same  mark  which  by  way  of  experiment  they 
would  have  her  to  make  in  court;  and  she 
swears,  that  these  are  the  very  same  pa{)ers 
which  the  prisoner  delivered  to*  lier  witli  his 
own  hands.  The  two  messengers  gave  you  an 
account,  that  they  seize<l  these  papers  at  Mrs. 
Mason's  lodgings,  on  the  29tli  day  of  Septem- 
ber last ;  that  they  took  the  two  packets  out  of 
thotninkfUMiuM  inl  buy  ihMiv 


Trial  of  Christopher  Layer^  [272 

covers,  and  that  BIrs.  Mason  was   by,   and 
presence;   that  the^ 


marked  them  m  their 

likewise  put  their  marks'upon,  and  never  deli- 
vered them  out  of  their  custody  till  they  had 
so  done.  Indeed,  Turner  says  be  left  them  in 
the  hands  of  his  fellow -messenger,  Spear^ 
during  the  little  time  he  went  for  Mr.  Stanyao; 
but  Spear  swears  they  received  no  naannerof 
alteratwn  during  that  space;  and  upon  the 
whole,  they  swear  them  to  be  the  aame  [ 
which  the]^  took  out  of  the  trunk. 

Upon  this  evidence,  we  apprehend  we 
entitled  to  have  read  the  pa|)ers,  without  giving 
any  farther  account  of  them. 

I  did  mention  to  your  lordship  the  caie  of 
my  lord  Preston,  which  was  not  so  stroDff  ;  lor 
he  lying,  together  with  Ashton,  in  the  bold  of 
the  ship,  upon  the  ballast,  a  bundle  of  papers 
lay  between  them ;  Ashton  took  them  up,  and 
put  them  in  his  bosom,  and  there  they  were 
seized ;  but  being  found  together  with  my  lord 
Preston,  those  papers,  though  the  very  overt 
acts  of  the  treason  laid  in  the  indictment,  wcra 
read  against  him  u|ion  that  proof  only.  In- 
deed, alter  they  hail  l>een  read,  the  king's 
counsel,  in  order  to  give  a  farther  stren^h  ta 
one  or  two  particular  papers,  entered  mto  » 
proof  of  their  being  my  lord  Preston's  own 
hand-writing. 

The  first  paper  we  called  for  was  the  Scheme, 
a  regular  plan  of  this  conspiracy ;  and,  gentle- 
men, in  order  to  prevent  any  pretence  of  hard- 
ship, before  we  read  it,  we  called  a  witness  to 
prove  this  Scheme  to  be  the  prisoner's  hand- 
writing: it  was  Ulr.  Doyli'V,  who  swears  ho 
>erily  believes  it  to  be  his  hand.  He  gives 
you  the  reasons  of  his  belief;  that  the  pri- 
soner lived  with  him  as  a  clerk  two  or  three 
years,  not  whilst  he  was  a  boy,  but  aller  he  had 
served  some  time  with  another  master,  had 
been  used  to  business,  and  gained  a  settled 
hand  ,  and  during  that  time  he  frequently  saw 
him  write.  I'o  support  this  farther,  he  tells 
you,  that  he  had  trausacteil  bu!»ines5  for  Mr. 
Layer,  aaihis  a:^ut,  until  about  four  or  five 
vears  aqro,  and  had  received  several  letters  from 
Iiim,  which  he  was  sure  were  his,  because  he 
(Mr.  ]>oyloy)  had  dune  the  business  retpiired 
to  be  (lone  by  those  letters,  and  Mr.  Ijayer  had 
paid  bim  fur  it ;  that  he  had  comparedhis  pa- 
per called  The  Scheme,  with  those  letters; 
thattlie  character  of  the  letters  agreed  uiih 
what  the  prisoner  wrote  when  he  was  clerk  to 
him ;  and  ihe  character  of  the  Scheme  with 
that  of  the  letters. 

liut,  (gentlemen,  this  Scheme  is  an  evidence 
so  coiisideriiliie  in  itself,  and  of  that  general 
consequence  to  this  whole  cause,  that  we  went 
tJEirtlier  yet,  and,  not  out  of  any  necessity,  but 
in  order  to  give  you  abiiudaiit  satisfacti<in,  we 
proved  it  to  l»e  wiiiien  by  the  prisoner  from  hit  • 
own  amfession.  Mr.  SSisnyan  told  you,  tbit 
the  prisoner  ii|>on  his  examination  before  lbs 
lords  of  the  committee  of  council,  where  be 
was  prpsent,  and  took  notes,  confessed  tbi^ 
Schemeto  be  of  his  band-writinjg^.  Tbe  couP^; 
■el  Ibr  Um  priaoMr  olgeGted,  thu  quealMm  v«*^ 

8 


f7J] 


Jtit  High  Treasotu 


A.  D.  1722. 


[274 


Ml  diraellj.  asked  him  (fa  this  your  hand?) 

wai  ceoH^oantly  he  rtid  not  say.  It   is   my 

kM4    It  w  true,  that  does  not  apfienr ;  can 

fkam  be  m»  other  evidenee  of  a  confession,  but 

saeh  direct  questions  and  answers.    Upon  the 

cnamtioo,  the  prisoner  was  aske«l,  whether 

hckeeir  of  a»y  arms  lodge<l  in  Westminster  P 

Hclrtdthe  lords  he  knew  of  no  arms  bein^ 

MgidL   Thereupon  this    paper   was  shewed 

Vn,  sal  he  was  asked,  '*  How  came  you  to 

viiftiii  Mb  Scheme  of  your  own  hand- writinj:^, 

te  1km9  were  arms  lodgeil  ?'*    To  this  ha 

■stfeaaswer  it  was  a  mistake,  I  should  have 

viS  anvs    that  should  be  lodged.    Can  any 

iay  ba  snore  plain  than  this  ?    It  was  so  eri- 

^■t  that  the  paper  was  writtou  by  him,  that  it 

«ii  take*  for  granted,  and  called  bis  hand- 

aiilisr  ID  the  very  terms  of  the  question  ;  |iro- 

Wy  DO  had  GonfcsRcd  it  before    the  clerks 

i«  catted  in.     tf  it  had  not  been  his  hand, 

^iNaoltbe  natural  answer  have  bien,  Why 

diysaask  tne  almut  what  is  wriiten  in  that 

ftftt  ?     I  know  nothinsr  of  it,  it  is  not  my 

had-wriliuff ;  bat  instead  (»f  ilint  he  Sfluiils  it 

•iiksat  the  H*nM  difiirulty,  ami  takf-s  up(»n  him 

••  Iril   the  lords  what  he  intended    to  have 


The  gentlemen  en  the  otlior  sjile  cudfavn 
aliD  avoid  the  force  of  this  f^vidoncr,  fiv  I 


•avour- 

^   this 

■^ioustam — '*  I  should  have  writteu'anns 

shoulil  he  lodgi^d,"  (that  is)  '*  If  I  had  writ 

il,  I  shouki  have  written  arms  that  should  be 

hdged."     But  I  desire  to  be  informed,  if  he 

'4  not  write  it,  how  came  he  to  know  any 

lisg  about  it  ?     How  couUi  he  take  upon  him 

ti  say  it  was  a  mistake?     Whose  mistake? 

Be  adoiit^  it  to  be  his  own.   8o  that  this  obser- 

romoD  to  nothiu;^,  and  ibis  Scheme,  after 

aN  tbiir  o!>jections,  stands  confessed,  as  well  as 

\  to  be  Mr.  Layer's  hand-writinpf. 

I  poll  ihe  fuunilation  of  all  this  proof,  which 

I  bitf  If  SVC  to  ob*ier\e  does  suppurt  nl!  tlie  other 

fsj^ni  fV'i.iiid  in  the  two  packets,  \hv.  Scheme 

aas  reail,  and  \%hen  it  was  read,  it  iTipiircd 

hirictest  attention;  for  in  thnt  paper  ap- 

(■Tk  a  rei^ohr  fleii;^,  formed   tor  tlip  totrd 

ihttiMtion  of  thisgfovemment,  to  Im?  exernted 

Ibecity  of  London,  the  capital  of  the  kin^- 

M.  'I^is,  if  there  was  no  nuire,  shews  a  just 

biMlation  for  wlint  was  hitoly  declarcfl  to  us 

■Bvilrniri  uiatincTf  tliut  ii'  this  cons|Mracy  had 

'W  l»«ii  h'.)ppily  d«rtected,  wo  should  before 

^  fciip  wciii  Ihjit  city  involved  in  blood  and 

lainn  ;  Kiich  uppr-irs  to  Im>  the  plain  intent 

^B^  The  most  pr(»!li;,^:»te  ot  the  people  were 

hbffr  ar.ii««  put  into  ili*ii'  hands,  in  order  to 

^Mue  and  pilt;*;;<;  the  Iw  Tor  sort. 

kibe  first  plucr,  ilic?  'I'nwr  r  v.  as  to  be  seiz- 
jlssda  ccrliin  otfircr  r.\|)(:<:ted  to  be  upon 
I^Jpard  that  day,  who  sliunid  hr  their  friend, 
is  the  party  who  \v«M'f>  tu  make  them- 
aaslert  of  that  ifnrris'tn.  'J  lie  Ko}al- 
^^,  bein}^  in  iIm*  lu-nitof  the  city,  was 
t  head-quarters  nf  the  genera*! ;  and 
Ity  was  to  plunder  the  liank.  So 
I  OS  a  taste  of  the  views  of  these 
Mf  spoil  and  rapine  were  not,  in  the 

at 


execution  of  their  desi^,  to  have  been  aoci« 
dental,  proceedin.ir  from  the  fury  of  action,  the 
common  excuse  for  such  outrages,  but  a  pre- 
meditated avowed  part  of  tlie  measures  con- 
certed before-hand. 

The  artillery  was  next  to  have  been  seized^ 
and  a  strata^m  is  contrived  to  effect  it :  and 
to  crown  all,  his  majesty  himself  was  to  he 
made  their  prisoner:  Horrid  resolution!  co- 
loured indeed  with  the  name  of  securing  his 
royal  person  from  the  insults  of  the  mob ; 
but  how  thin  a  pretence  this  is,  I  need  not 
spend  time  to  explain  to  you,  since  the  writer 
of  the  Scheme  himself  has  called  it  but  a  pre-» 
tence. 

The  Scheme  goes  on,  and  the  conspirators 
bein^;^  sensible  bow  much  our  future  hopes,  as 
well  as  our  present  happiness,  depend  on  the 
Protestant  Succession  in  his  majesty's  family^ 
the  next  ste|»  to  be  taken,  is  to  gfct  his  royal 
highness  the  prince  into  their  power — a  prince 
at  Richmond,  described  under  a  cant  name, 
but  the  meaning  of  it  is  plain.  When  all  thitf 
appears,  how  can  the  counsel  for  tlie  prisoner 
object,  that  there  is  not  sufficient  foundation  to 
accuse  their  client  directly  of  comfiassinfr  the 
death  of  the  kincr?  Could  this  have  ended  in 
any  thin{v  else?  Or  can  any  one  dream,  thai 
eiilici'  of  those  precious  lives,  I  have  now  men- 
tioned, could  have  been  preserved  in  the  hands 
of  such  miscreants? 

Caentlcmen,  havin^if  observed  thus  much,  ia 
short,  upon  the  nature  of  the  Scheme,  it  will 
be  proper  to  take  notice  to  you,  that  as  this 
paner,  thus  fully  proved,  is  of  itself  a  strong- 
evidence,  so  it  frreatly  corroborates  and  sup- 
ports the  testimony  of  the  two  witnesses,  as  to 
every  one  of  the  overt- acts  char^red  in  the  in- 
dictment, and  tallies  with  it  tlirout^hout. 

This  is  true  as  to  the  {general  design,  but  ap- 
pears mftst  remarkably  in  some  of  the  parti- 
cular fncls.  The  project  laid  down  in  the 
Scheme  for  Rcizinir  the  Tower  is  exactly  the 
snnie  with  what  Lyncit  told  you  the  prisoner 
c(MU!nnu!catod  to  him  whilst  tli^ey  were  viewin<; 
my  lonl  Ca<los^an*s  house :  *^  That  the  ofBccT 
who  should  be  up^n  duty  there  that  day  mig-ht 
be  their  friend,  and  favour  the  desip:n."  In 
Hke  manner,  the  circumstance  of  ei^ht  serjeant«. 
beinjf  to  have  in  readiness  25  men  a-pie<ie,  fall* 
in  with  what  Plunkctt  the  serjcant  swore,  that 
he  was  to  procure  that  immber  of  old  soldiers 
to  enrriij^e  in  the  enterprize. 

Jiut  there  is  one  observation  arisinpf  from  a 
circumstance  of  lime,  which  is  exti^mcly 
strori{^  in  coiifiniiatiou  of  the  testimony  of  the 
witnesses,  and  shews  manifestly,  that  the  ac- 
count they  ifive,  must  arise  only  from  their 
knowled{;e  of  the  truth  of  \\\v.  fact,  an<l  roulil 
not  possibly  be  framed  and  modelled  to  answer 
thtse  pa|>ers ;  ii  is  this,  that  IVIr.  Layer,  who 
was  taken  up  on  the  intbrmati(»n  of  Lynch  and 
Plunkctt,  was  actually  in  the  custody  of  a 
mcsscu<;er,  and  made' his  e*<i.'a|ie  on  the  lOtli 
(lay  of  September  last ;  but  liirM*  papers,  which 
thus  fidl  in  \>iili,  and  support  the  facts  they 
swear,  were  not  seized,  as  the  two  mssaenj^era 

T 


I 


^ 
^ 
^ 


EOHGE  L 

qutimt  you,  tin  llie  ii9i\i  of  that  tnODlh  ; 
rliich  if  iieiyr  ten  days  nfier. 

Genil^tnen,  one  would  have  thought  there 
tiad  b*»en  no  »icraKion  to  go  any  farther 

IV] y  lurd,  I  dtf^ire  that  the  |irii»ODer  muy  not 
talk  iu  ih«  jury,  ^hitsl  I  atu  obaerviDg^  upon 
the  evidence. 

L.  C,  J,    Sir,  you  must  not  do  it. 

FrUoner,  My  lord,  I  did  oot  speak  to  like 
jury. 

ftlr  Hungerford  offers  to  speak. 

L'  C.  /.  I  tell  you,  Mr.  Hiingerfordf  it  is 
fiot  right;  Mr.  Layer  haih  made  his  observa* 
tion«  to  the  jury,  nod  made  lus  nods,  and  some- 
times 1  have  teen  his  lips  move, 

}*risoTter.     You  can't  tell  what  I  said. 

Sol.  Gen.  I  saw  you  turn  abunt  to  the  jury, 
and  saw  your  (i|»s  move  at  the  s<ima  time.  My 
lord,  f  desire  he  may  stand  up,  aud  look  to- 
tfards  Ihc  Court,  which  is  his  proper  posture, 

Gentlerneo,  I  wa«  saytog,  that  after  this 
Si  "heme  had  been  produced,  one  would  have 
thought  ihe  ki ring's  cuunsel  might  Mifefy  have 
rt-sted  ii  here,  tan  any  body  doubt  of  this 
treason,  ami  of  the  prisooer^s  part  in  it,  when 
he  himself  hath  thought  fit  to  record  the  con- 
spiracy viith  his  own  hand  ?  However,  we  did 
not  lea  re  it  here  :  hut  in  order  to  give  you  en- 
tire satisfaction  how  deeply  this  genikman  was 
engaged,  what  a  large  share  he  had  taken  upou 
him,  and  how  dangerous  and  extensive  this 
conspiracy  was,  we  read  several  other  papers. 
They  consist  of  li&is  of  iho  names  of  several 
peisons,  many  of  them  otficers  of  the  guarrls, 
aud  of  thtj  army  ;  some  of  them  general  list*, 
others  particular:  for  what  purpose  these  must 
have  been  made  up  or  procured,  by  a  person 
eniraged  in  siuch  a  desij^ti,  is  e^itremely  plain. 

My  lord,  it  hath  been  said  with  great  justice, 
thai  ihts  is  not  to  be  so  understood,  as  to  bring 
any  imputation  on  the  gentlemen  named  in 
tliese  li^t.s,  I  dare  say,  thut  by  far  the  gi^ater 
numl^er,  if  not  all  of  thrin,  are  persons  of  Ihe 
utmost  fidelity  to  his  majesty,  and  zeal  for  his 
service.  Hut  men  engaged  in  such  designs, 
who  are  plotting  lo  overturn  a  government, 
must  weigh  and  calculate  the  strength  of  that 

fovernment,  as  well  as  their  own.  They  must 
now  who  is  to  he  relied  upon  on  on^  side  as 
well  as  the  other,  and  consider  who  are  tit  to  he 
applied  to,  aud  who  not ;  iherefore  they  must 
take  an  account  of  persons  concerning  whom 
they  have  no  hopes^  as  well  as  those  of  whom 
they  have  hopes.  Thus  it  was  in  my  lord 
Preston's  case ;  be  had  got  lists  of  ships,  and 
ol"  the  king's  olticers  and  troops:  The  meaning 
of  it  was  well  understood  upon  his  trial ;  the 
Court  uuJer.^tood  it,  and  the  jury  understood  ii, 
that  he  hud  procured  them,  iu  order  to  the  better 
information  of  himself  and  his  accomplices  iu 
Ihe  conduct  of  that  plot. 

Gentlemen,  in  the  next  place,  several  letters 
were  read  to  you,  wbkli  were  also  found  a  iiiouifst 
the  papers  dejio^tited  by  the  prisoner  with  Mrs. 
Mason.  You  will  remennher  on  this  occasion, 
mhaiMiW^  Alasoa  swore,  that  the  prisoner  hath 
S 


T-^ 


^ 


rml  of  Chfisiojiher  Layer  ^ 

some  time  gone  by  the  name  of  Foaoli 
gave  directions  to  hiT  that  \^  any  leltri 
directed  lo  ^r.  Founiaiiie,  she  should  lal 
in,auddeh«er  them  to  him.     8 he  teUi 
letter  did  come  directed  to  Mr.  Founlaii 
she  delivered  it  to  the  prisoner*  who 
read  il,and  kfpl  it  ai^a  letter  li»r  him  \  wl 
an  ex|iress  owtiing  ol  thut  nam^,  aii4 
of  the  letters  now  produced  are  directitS 
name  of  Fouutaine. 

There  was  fouod*  together  with  the* 
a  cypher,  that  \9,  a  fist  of  tWit^cRil  oa.  «  : 
persons  and  things,  which   bus  heen      i 
read  ;  and  in  this  cypher  the  caut  expa 
made  Uife  of  in  the  letters  are  contmiaG 
the  persons  and  things  signi6ed  by  i^"  >  *^ 
phcrtd  iu  plain   words*,      iSir  Will 
follower  of  the  Urelender,  with  ^v 
pears  the  prisoner  had  settled  a  cori 
is  there  described  by  the  name  < 
and  ibe  (irnt  letter  that  was  reud,  \-^  ^.u! 
with  that  name  and  directe«l  to  Jaisi*^^ 
laine,  esq.  In  that  letter  sir  Wdliam  Ll!ir 
him   '^  be  is  entirely  of  his  opinion   as  Ic^ 
uiethod  of  carr)  iog  on  the  maniiraclOTy^ 
the  procuriiitT  ul  good  workmen,    is  tbe 
step  to  he  madtfJ*     Manufactory  waute^i 
explanation,  but  ii  is  fuUy  cleared   up  l>y  **lfc> 
H(»rd — '  Morkmen,*  which  Inllows.      For  '*5' 
into  the  cypher,  and  *  workmen'  stands  for  ***jL 
diers;'  so  ihal  the  *  manufactory'  must  h**  "ir/^ 
as  It  uiuj  fit  for  ♦  soldiers'  to  work  in,     U* 
on  and  advises  him  narticutarly  '*loget 
the  ablest  of  Mrs.  Barbara  Sniitirs,*'     Bai 
iu  Ihe  cypher  means  the  ^arrny  ;'  so  the  adi 
nmoiintsi  to  this,  that  in  onier  loriii^e  arehelli 
he  e»lKiutd  seduce  bomR  of  the  nbleii^t  coldters 
the  king's  army.      A  counsel,  which  is 
made  %cry  plain,  the  prisoner  bum  endeaw 
punctually  to  follow.     To  eneonrage 
this,  he  tells  him,  **  that  it  will  be  very  a; 
to  ,all  concerned — particularly  to  Mr. 
Now,  according  lo  the  prisoner's  own  explni 
lion  in  ihis  cypher,  Aikins  is  one  of  the  feigi 
names  for  the  I'l  etf nrier. 

The  next  letter  is  dated  the  1  Ith  of  July  I 
sobbcril>e<l  N\  C.  and  ackno\tlerlges  the  rci 
of  a  leUer  dated  the  8lh  of  May,  with  auol 
letter    inclosed,    which    the  i^ritcr  asv^,  ' 
presently  delivered  to  Mr.  St.  John,  w\>o  ti 
tt  extreme  kittdly  :   Look  into  the  cypher,  aad 
it  appears  tliut  Mr.  8t.  John  is  one  ^f  the  ficti- 
tious nsmes  for   ilie  Pretender ;  so  that  ititi 
letter  shew  s,  thnt  the  r»ersnn  to  whom  it  ^n 
written,  corre:>pondedimmefliatHy|with  til 
tender  htdisell.     But  it  st^ems  Mr,  Si.  J 
not  well  understand  wbalrclatt-d  to  Mr.  ii.ii 
ford,  which  the  hnter-writer  hopi*5  may  i»<  su^n 
cleared  by  an  answer.     What  il\ts  wa» 
wanted  explanation,  is   in   the  dark  \    \ 
much  We  know  tlmi  iu  the  prisoner**  c>  puti, 
Bmffird  stand:^  tor  the  earl  of  Orr*ry, 

There  in   another  letter  dni**!!   ihe  '^7'^   '^^ 
May,  iu  \Uiich  live  writer  ti*l|j«  Mr,  La>  <• 
their  frieud  had  hi>!;  teller  of  ihe^sd  ol'  .'\i „,.,,, 
and  li>ok  very  kindly  ihi*  cai«  he  hud  taken  at 
his  little  -coiujariifi.      IViio  is  meant  by  that 


«") 


Jhr  High  Treason* 

cmtkcerm  ^^tre  the  prisoner'*  r are* 
"f '*    Aplietr;  hut  it  in  very  tin- 
lje  liftiiip  |H^r^n  before  oiUcil 
If,      However,  it  stents  tlitii- 
I  a  loss  ftboul  ct^rtaiD  niiines 
.ill,  ilie  tiiUe  soldier,  and 
fiBiniii,  '■'  n  hift  rental. 

TW  »♦  iUr.  La}cr*«cy|ilier,  li 

ibe^aMi  ten**  hir  acviilier;  and  in  that  likewise; 

tff%  la  W    tiHimi  (be  olher  words,  tvhieh  Itia 

fjaal  M    ont  then  umleistand;    parlicutarly 

%a«^  avbich  ifl  put  Uieie  tor  the  Jord  Nfirtli 

«il6nj.      But  tl  ibat  did  not  appear  hy  the 

y¥%    liie    deacHpHoQ    urhich    follous, 

imi^u^h  to  ciiin  i:       ,  :      v  man  in  liis 

HMteifu%mrnt  who  w  Uy  it — **  He 

•«flfce^'  ''*■   "•  — «'y  hiiiiKO  iinrji*ijiinao,**caiit 

«fii~«u«  I  \*  hicli  tnke  in  both  the  titles 

•I  Ili4t  tit^i.. vi .     Tlt^  letter-  writer  adds,  that 

*OBir  frieofi  (the  same  wr hose  concerns  were 
aia  oare  ofjtery  well  remembers  rhia  per- 
1^  soil  luUb  a  rery  particular  esteem  and  value 
lb  liifn,  ftii«l  that  he  is  (iti  tbeir  pttrnse)  a  very 
fM4l«Miil,  ood  a  very  honest  mau,^* 

QevdcaieB*  some  of  the  papers  were  read  to 
fM  fii  m  more  exlraordinary  nature  titan  even 
ftM»  IcUara ;  J  tnean  the  notes  signed  Jajnes  U. 
mah  tlm  l*t»tri%dt.T'x  owti  hand*  These  are  not 
«ily  Boe  e**dcnce  *ir  the  plui,  but  a  part  of  the 
■am  kiy  whirh  it  wns  to  be  ei)>cted ;  for  they 
m  be  rt'ceipta  fratued  with  blankn,  to  be 
mp  Willi  siifiit  id  money  as  occasion  uf- 
with  a  promise  of  rt'j»f<yii*i'Bt  with  in. 
Tb»*-  ^*"''*  ^'ttTie  at  the  ways  and 
for  ntti'  s  out  of  the  pockets  «t 

lUp  at  ,,.  .^.  i  ^^  luund  weak  nnd  silly. 
iJ  s»  wit:k«iienoii(;h,  to  advance  monc^y 
m.  shidov  of  a  security,  tor  so  flagitioui 
•  Mr|Miae.i  Hut  they  ask  us,  who  proves  the 
■Miariipliofi  to  he  the  Pretender's  handf  I  an- 
•wr.  It  tscrrtnin  ll/nt  it  not  material  ;  hut  if  \\ 
w«  Uavc  It  liufiicienily  from  the  prinnner 
Tbe  account  he  hath  thoujfht  Ht  tu 
iC  tbcni^  yen  have  heard  from  Mr.  D<-1a- 
>  to  hia  correspondent 
ir  William  could  send 
^  r  the  kintr^a 
ler)  he  l^e- 
M  the  cany- 
th:it  his   intention   was  to 


uc  ii;i4cjir  \i\r^  mi 


\  his  friends,  and  to  hate  raised  money 

Mr»oct(»t9,     I'biii  nbewsthe  priHoner  re- 

t  llirtii  aa  being  «i^Mud  with  the  l*retendf  r*s 

and   ihcwt  hkrwixe  the  uite   in- 

I  la  ba  made  of  tbnu ;  Mftd  it  appeam  be 

W  tb«  eoui&dence  to  juiittty  hioMflf  in  ibisi 

prim,  by  tlic  like  method  haivtn^  been  taken 


Mjp  lord,  ihlt  ii  tht  aubiitaoce  of  our  proof  as 
^IH  ^fiertatid  the  ohnervationa  which  bavtf 
VL«ije«l  ti9  nsft  vipott  litem ;  and  1  wiU  pre* 
■^  In  say,  wah  grsflt  aubniiasioQ  to  your 
im^hif'%  t*«tlrr  judfowiil  aad  oh%ervatiou,  that 
ip0  Ibia  rf  id«Dce»  nduB  together  h  iih  ihe  tea- 

MMn  tfif  tJbtf  |«fo  wttetiOMy  we  mi^ht  safely 
ic4  our  oaoto  to  jour  lordatup's  di- 


A.  D.  1722.  [^7» 

roction,  and  the  consciences  of  the  jnry.  But 
we  went  farther  »tiU^  not  because  ive  wanted  it 
liO  convict  the  prisoner,  for  nv  hurl  dlre^dy  done 
aufficient  ttir  that  purpose,  but  in  order  to  f^ise 
abundant  sAttstaeiiou,  not  only  to  the  gentle- 
men of  the  jury,  but  to  the  whole  world,  (d'tho 
reality  of  this  conspiracy  in  general,  as  well  as 
of  thii  manV  part  tu  it ;'  thai  ibey  mny  <»eeand 
be  convinced  of  tiie  jujit  grounds  ihfre  were  for 
thtit  priwecntion^  and  for  the  treatment  the  pri* 
soner  hifs  met  with*  For  this  reason  it  was, 
we  calleil  Mr,  Stanyati  and  Mr.  Delalaye  io 
give  an  account  of  hisconfestiion,  npiui  hisejui- 
mination  before  the  lords  of  the  committee  of 
council ;  and  1  apprehend,  we  were  poperly 
and  Hgreeably  In  the  rulea  of  law,  let  into  thai 
evidence.  We  have  had  the  judf^mcnt  of  the 
Court  upon  that  point,  thertlore  I  won't  trou- 
ble your  lurdtihip  witli  any  authorities  for  it, 
but  rely  upon  that  as  the  heal  uuilioriiv. 

GentlemeOi  the  relation  Mr.  Dflaikye  and 
Mr.  Stanyan  {fafe,  was,  that  the  priiconer  de- 
clared to  the  lordi>  of  the  council  ili^it  he  lia^l 
been  al  Rome  in  the  year  17lil,aud  staid  there 
some  time,  and  had  iicieral  conferences  witU 
the  Pretender  in  nerson :  that  in  one  of  llioso 
conferences  he  asked  for  some  token  or  crtden- 
tial,  in  order  to  give  him  a  credit  with  the  party 
when  he  return^  tu  £u4;Und  ;  thut  it  wvl*  not 
at  ^rst  granted,  but  atWw;irds  he  put  his  re- 
quest into  this  shape,  that  the  Pretender's  wife 
(the  queen  he  (!alltHl  her)  would  be  (i  I  eased  to 
aland  i;od-niother  to ihe  pri^otjer's child,  8*ime 
lime  WHS  taken  to  consider  of  this  proposition, 
and  then  word  was  hrout^ht  by  coL  Hay  tu  the 
prisoner*  that  she  wouhl  ^ituol  ^od  mother  to 
the  child  ;  and  it  was  uirreed,  that  the  late  du- 
chess of  Ormond  shouKl  represent  her.  Afier- 
wanls  the  Pretender  consented  to  be  the  g"f»d- 
fulher,  but  Lnyer  was  to  procure  some  pcriioa 
to  be  his  proxy* 

U'bat  was  then  agreed  upon  was  followed  by 
the  fact.  When  the  |m  iMoiMU'  returned  homey 
and  the  cluhl  was  to  he  christened,  he  apptied 
to  my  lord  Orrery  to  represent  the  Pr*lender, 
and  to  the  late  ductless  of  i*rmond,  ti*  rt-prrsetU 
the  princcsH  Hobie^ki.  The  latter  coiiiplied« 
hut  my  lord  Orrery  declined  the  service  i  and 
thereupon  the  pnsoner  made  application  to  my 
lord  North  undGrey,  who  was  pteased  to  accept 
it.  The  rhiUI  w:u  christened  al  Chelsea,  and 
my  lord  North  *inii  Grey  stmul  aw  projity  for 
the  Pretender,  and  the  late  duchess*  of  OrmuiMl 
ibr  the  princess  8obic»ki ;  an<l  the  prisoner 
siidi  they  both  were  privy  that  they  represent- 
ed those  persotts. 

Ibe  priautier^s  eonfession  likewise  vertlief 
<?very  material  circumstance  of  l*yucb*s  et !• 
<lence,  aa  to  what  paasetl  m  the  <'onoty  of  £s- 
aejt.  That  he  was  at  the  Green  5lan  wah  one 
Xi^nch,  and  tbtre  she  wed  him  the  heads  of  a 
declaration  which  he  had  rlriiwn  ;  that  they 
went  from  thence  to  my  lord  North  and  Grey's, 
imd  there  the  prisoner  presented  the  witness  to 
his  lordship  as  a  very  honest  iinin,  and  u  person 
ftt  to  be  employed  in  set%in|;  my  lord  Cado* 
gan  i  wtxd  aHer wards  be  said,  as  a  person  tit  tt 


1 


i 


i 

4 


•79] 


9  GEORGE  L 


be  employed  in  an  insurrection.  Tliat  the  pri- 
tonrr  and  Lynch  lay  at  my  lord's  house  ihot 
nigfht,  dined  with  him  at  his  owu  table  the  next 
day  ;  and  that  the  healths  of  the  Pretender,  his 
wife,  and  child,  were  drank  by  them  after  din- 
tier,  and  the  same  healths  were  drank,  and  (if 
I  undei-stood  it  right)  begun  by  that  noble  lord 
himself. 

There  was  a  farther  circamstance  sworn  by 
Mr.  8tanyan,  in  which  he  is  confirmed  by  ool. 
Iluske,  that  at  the  time  Mr.  Layer  was  appre- 
faended,  a  considerable  quantity  of  arms,  and 
about  50  cartridges,  made  up  with  liall,  and 
fitted  for  the  use  of  soldiers,  were  found  in  his 
house :  and  the  prisoner  being  asked,  upon  his 
examination,  what  he  did  with  them?  He 
•aid,  they  were  for  bis  use,  in  case  there 
should  happen  any  disturbance  in  the  nation. 

The  prisoner  entered  into  an  examination  of 
the  gunstiiith,  how  he  came  by  tliese  'arms ; 
Irat  thot  is  not  at  all  material :  in  his  house 
they  were  found,  and  he  has  confessed  they 
were  intended  for  \m  use  in  case  of  a  disturb- 
ance in  thenalion.  What  disturbance  was  there 
likely  to  happen,  but  from  himself  and  his  ac- 
complices ? 

Gentlemen,  the  prisoner*s  escape  out  of  the 
messenger's  cuRtody  is  another  strong  circum- 
stance. In  order  to  Hy  from  justice,  he  ven- 
tnrpd  to  p:L't  out  of  a  window  two  stories  hii^li, 
and  had  the  fortune  to  meet  with  a  sculler, 
which  carried  him  cross  the  water  into  South- 
wark.  When  the  witness  first  endeafoured  to 
atop  him,  it  appears  he  was  in  the  utmost  con- 
cern ;  begged  of  him  for  God's  sake  to  let  him 
go,  pretending  it  was  an  arrest ;  and  then  he 
pulled  out  of  his  pocket  a  great  many  guineas, 
and  bid  the  witness  take  what  he  please<l,  so 
he  would  but  let  bim  go ;  but  the  messenger 
pursued  him  pretty  clbse,  and  he  was  retaken. 

Gentlemen,  this  is  a  ^ery  material  piece  of 
evidence  to  shew  the  guilt  of  the  prisoner.  The 
law  of  England  supposeth  guilt  from  flight, 
and  though  it  was  said,  that  anv  man  in  Mr. 
Layer's  condition  would  liavc  done  the  same 
thing,  if  he  could  ;  that  ran  be  true  only  in 
this  sense,  that  any  man  in  his  condition,  as  to 
the  consciousness  of  Wis  own  guilt,  would  iiavu 
done  it ;  but  an  innocent  person  would  never 
have  bmught  that  imputation  upon  hiinscif,  by 
endeavouring  to  escape. 

This  is  the  substance  of  the  whole  evidence 
which  has  been  given  for  the  king  against  the 
inrisoner  at  the  bur,  as  well  as  I  can  recollect  it; 
and,  gentlemen,  I  persuade  myself,  when  you 
have  considered  it  seriously,  you  will  be  satia- 
fiefl  that  it  makes  good  every  part  of  the  indict- 
ment. But  be  that  never  so  strong,  the  pri- 
Sfiner  ought  to  be  heard  against  it,  and  have  a 
full  opportunity  of  making  his  defence :  for  if 
he  hath  a  goo<r  defence,  either  in  point  of  law 
or  fact,  to  take  off  the  force  of  this  evidence, 
God  forbid  that  he  should  suffer  by  it. 

The  prisoner  entered  upon  bis  ilefence,  and 
his  counsel  were  pleased  to  act  eat  with  mak- 
ing some  obsanrations  apoo  the 


Tnal  of  Christopher  Lnyer^  [280 

My  lord,  ihey  first   make  n  otyMiM  ia^ 


point  of  law,  that  the  treason^  tf«r  which tba 
jirisoner  ia  indicted,  iscoiDpasaiDg  tiM  dnth  of 
the  king,  and  one  of  the  overt-ads  hnd  is  Mif 
a  consultation  to  levy  war,  which  they  lioMl 
is  nut  an  overt- act  cl*  that  species  of  trvMip 
nor  iiuleed  any  treason  at  all,  beoaun  the 
words  of  the  statute,  «5  Edw.  8,  import  m%ir 
actually  levied ;  and  for  the  wtmmt  of  thta 
words,  which  nobody  ever  doubted  of,  eaae 
ancient  French  writers  were  qooted. 

My  lord,  I  appreliead  this  ctjedioo,  if  it 
bo^one,  is  rather  to  the  indictment  then  to  the 
evidence,  of  which  they  know  tbej  maj  fn^ 
perly  take  advantage  'in  arrcat  of  jodgncalb 
Bat  with  great  submission  to  year  ionlaki|i| 
there  is  no  weight  in  it  either  way.  Oee«i»* 
not  help  being  a  little  surpriied  to  licnrit  ■«■• 
tinned,  after  that  point  has  been  ostaUiabei  kj 
so  many  resolutions,  which  at  the  oame  tine 
they  tell  tis  they  are  aware  of;  and  in  Ihovaijr 
last  case  of  higli  treason,  which  wae  m  Ifae 
court,  I  mean  that  of  Kerr,  Dorrel,  aod  GMni 


it  was  solemnly  determined  by  the  i 
opinion  of  all  the  jmlees,  that  a  conanililiili  tl 
levy  war,  in  order  to  destroy  or  depoeetheUif^ 
is  an  overt- act  of  liigii- treason,  iu  i  um|ieMg 
his  di'sth.  This  was  the  received  doclnBohi*  . 
fore  the  Revolution,  and  it  has  been  adhered  It 
eier  since ;  and  though  the  act  of  rensnelff 
my  lord  Ruisel's  attainder  has  been  BBcnlie— t 
yet  if  that  were  lookeil  into,  I  dare  say  mo  de- 
claration will  be  found  iu  it,  contrary  to  this  de- 
tenuination.  But  they  go  fan  her,  and  abfed 
that  here  is  no  overt-uct  at  all  proved  to  he 
done  in  the  county  of  Essex ;  and  if  oo,  tha '  \ 
whatsoever  proof  there  may  be  of  liicts  done  ie 
Middlesex,  that  will  go  for  nUhio^,  and  the 
prisoner  must  be  acquitted  upon  this  indictmeet 
And,  my  lord,  so  fur  I  agree  with  then,  that 
unless  we  have  proved  one  overt-act  at  least  le 
be  done  in  Essex,  we  cannot  maintaiB  this  ie* 
dictment.* 

In  support  of  this  objection  thev  would  heie 
it,  that  the  only  tranmictton  in  Essex  is  wkil 
passed  at  the  Green  Man,  and  the  whole  if 
that  is  reduce<l  singly  to  the  publishing  the 
declaration :  and  that,  say  they,  is  not  legaMy 
proved,  and  if  well  proved,  yet  it  is  no  overt* 
act  of  treason.  As  to  the  proof,  they  objeol 
that  the  paper  itself  is  not  produced,  and  pa- 
role evidence  of  the  contents  of  a  writing  il 
not  to  be  admitted. 

But,  my  lord,  I  have  given  this  an  answw 
already,  by  observing  that  the  inieoner  task 
back  the  paper,  and  kept  it ;  ao  that  the  wril* 
ing  itself  being  proved  to  be  in  the  custody  «f 
the  party,  we  were  entitled  within  the  onlieai^ 
rule,  to  give  parole  evidence  of  the  tuuta— > 
But,  my  lonl,  this  declaration  was  m  pert  af 
the  treasonable  consultation  then  had;  aal' 
sure  1  am,  it  would  be  the  finest  iavontioB  W- 
secure  certain  im|ninity  to  plottere  that  eieff 
was  thought  of,  it,  instead  of  discoaraing',  lh0 


See  p.  164,  eai  £aet%  PI.  Or.  ee 


iSI  ]  fir  High  Treason. 

'  "  W  ctrried  oa  by  papers 
I  iTOia  «w  to  MMther,  and  nobody  can  be 
s  the  paper  is  not  to  fale  found. 
As  to  Uiat  part  of  their  olvjection,  that  it  is  no 
svtrt  act  of  treason,  one  of  the  gentlemen 
lb«iglil  fit  to  treat  it  in  a  ludicrous  manner. 
Tvaa  cbIj  rc«uiinji;r  a  pieoe  of  paper,  supiiose 
tbiy  kad  Mii|r  m  ballad.  That  |[;entleman  will 
I M,  if  I  say,  those  expressions  did  not 
m  Ms  ciccasion.  An  accusation  of  high* 
» which  highly  concerns  the  king  and 
bjigwim  lit,  is  an  aftair  of  a  serious  nature ; 
and  if  he  does  hut  reflect  upon  tlie  contents  of 
'  By  wliich  the  witness  related,  he 
c  it  m  Bsatter  to  be  spurted  witli. 
■r.  Kcttslhey  was  pleased  tu  say,  that  this 
•hU  he  tto  overt-  act  of  treason,  because  it  was 
m  hbel.  But  surely,  that  is  very 
■y.  Publishing  of  a  ps|)er  oaay 
one  crime  or  another,  according  to 
•  matter  of  that  paper ;  and  can  it  be 
at  this  time  of'  day,  whether  the 
a  declaration  or  a  biiok  containing 
or  offering  rewards  directly  to  stir 
luog's  sulijecti  to  rise  in  rebellion 
him,  he  high-treason  P  The  treasonable 
i  this  caae  cannot  be  doubted,  and  it  is 
ia  that  the  publication  is  an  act ;  what 
then  wantins;  to  make  it  treason  P  But, 
■f  brA,  this  has  also  been  adjudged,  and  there- 
Ms  I  won't  argue  it. 
■]r  lardp  I  have  aahl  tlius  much  about  the  de* 
Air  the  sake  of  following  the  gentlemen, 
are  counsel  for  the  pri*ioner,  in  their  argu- 
k ;  bat  after  all,  their  founilution,  which  is  a 
that  there  are  no  other  overt -acts 
ia  E«sex,  besides  this  of  the  declaration, 
\y  fails  them ;  for  your  lordship  will  in- 
ftm  the  jory,  that  Lynch  deposed  that  whilst 
ftqr  stoid  at  the  Green  Man  they  did  more 
fkm  "  talk  a  little  politics,"  they  consulted  about 
^  piOfeU  of  an  insurrection,  and  the  pri- 
■Hf  tliere  actually  proposetl  to  him  (besides 
Vhttwas  oontsined  in  the  paper)  the  design  of 
■iBBg  the  king's  person,  which  arc  two  other 
■Nrtacts  laid  in  the  tndictmeiii. 

UpoD  this,  another  objection  was  raised  by 
Vr.  Ketdbey,  which,  if  it  holds,  will  go  to 
As  whole  ;    ami  that  Is,  that  we  have  hut  one 
Lynch  alone,  to  the  iaclrt  in  Kssex; 
indictmf'nt  must  (btl,  unless  there  are 
I  witnesses  to  somu  'ir  uiIkm'  of  the  overt- 
hii  the  county  uherr  ih.>  iiMictment  is  laid, 
kl,  ray  lonl,  that  is  not  now  to  he  disputed. 
bhw  is  clearly  «;(;itIr(l,t:iBt  on  an  indictment 
Vkigfa  treason,  iu  compassing  the  kiug's- 
if  aeveral  overt- acts  arc  laid,  and  some 
IS  OTert  acts  are  proved  by  ouc  witness 
iu  the  county  where  the  party  is 
'  itthers  of  them  are  ]>n>ved  by  ano- 
to  have  licen  com  untied  in  a  dii- 
ity,  that  evidence  is  sutiioient  to 
■  lia  the  indictment ;    they  are  two  wit- 

i  ^tha  same  species  of  treason  within  the 

i«  g  af  the  law.*     Ho  it  was  exprcttsly  re- 

ft r'  —  I    ■ 

I  ■tolatt'a  PU  Cr.  cb.  S,  s.  6$. 


A.  D.  172f .  [88C 

•olred  by  all  the  judges  of  the  Ring's-bencb, 
in  tlie  Case  of  sir  llenry  Vane,  which  is  re- 
ported in  Kelynge  15,  and  that  has  been  since 
tbllowe«l  by  a  current  of  authorities ;  the  Qase 
of  tlie  Five  Jesuits,  the  opinion  of  the  judges 
delivered  to  the  Lords  upon  the  trial  of  my 
lord  Sufford,  32  Car.  2,  and  other  cases. 

My  lord,  as  this  is  established  by  autliorities, 
so  the  reason  and  necessity  of  the  thing  is 
strong,  because  otherwise  treasonable  consulta- 
tions might  easily  be  carried  on  in  such  a 
manner  that  nobody  could  be  convicted  of  them. 
It  would  be  but  to  lay  the  scene  U|)on  the 
confines  of  several  connties,  and  take  care  not 
to  consult  with  any  two  persons  in  the  same 
county  ;  then  there  could  not  betwowitncnsca, 
and  all  would  be  Hafe. 

1  have  done  with  their  objections  in  poiat  of 
law,  and  shall  now  endeavour  to  give  some 
answer  to  their  observations  upon  the  fact  And» 
gentlemen,  I  think  the  whole  of  those  observa- 
tions may  be  reduced  to  one  head,  which  is, 
that  it  is  highly  improbable,  that  what  the  wit- 
nesses liave  sworn  slmubl  be  true.  But  upoa 
that,  before  1  give  particular  answers  to  what 
they  have  offered,  I  beg  leave  to  say  in  ge- 
neral that  thougii  in  a  doubtful  case,  where 
there  is  any  balancing  in  the  proof,  tlie  im|>ro- 
bability  of  the  thing  is  a  consideration  of  great 
weight,  yet  where  there  is  plain  and  poNitivo 
eviilence  on  one  side,  not  weakened  by  any 
counter  evidence  on  the  other  side,  the  objec- 
tion of  improbability  can  be  of  little  force. 

But  to  consider  this  improbability.  They 
say*  it  is  very  strange,  that  Mr.  Layer  should 
be'  engaged  in  so  dangerous  an  undertaking 
with  such  persons  as  have  sworn  themselves  to 
be  his  accomplices.  To  this,  1  say,  it  is  al- 
ways strange,  that  men  shoubl  venture  to  trust 
one  another  v^-ith  such  dangerous  secrets ;  but 
certain  it  is  they  often  do  ;  and  as  to  the  wit- 
nesses in  this  case,  they  are  proved  by  the  pri- 
soner's own  evidence,  to  be  persons  with  «vhoni 
he  thought  tit  to  hold  a  correspondence.  IJow 
this  great  conliilence  was  at  last  created  be- 
tween them,  has  been  accounted  for  by  the 
witnesses  themselves,  in  a  very  natural  and 
probable  way,  of  which  I  have  already  taken 
notice. 

Mr.  Ketelliey  insisted  ibucli  upnn  the  impro- 
bability of  Phmkett's  evidence,  iu  those  parts  of 
it  which  concern  Ji'unes  Pluukc^tt  and  Jetrreys 
the  non-juring- parson.      That  it  is  not  credible 
I  that  those  two  mm,  whom  Flunkctt  admits  to 
!  be  absolute  Htniu«;ers  to  him,  should   at  first 
I  sight  open  theniNclves  with  so  great  freedom, 
!  to  a  fellow  of  his  degree  on  a  subject  of  treason. 
I  But  that  will    reccne    this  ans»er:     James 
I  Plunkett  and  Jeffreys  were,  as  appears  ch-aily 
:  from  the  circumstaiic«'s,  in  the  i.-outiileuce  of 
,  i^ayer.     Layer  had  a  coulideuce  iu  Matihew 
Plunkett  the  witness,  on  the  rtcoiiuuendation 
of  major  liarnewell ;    and  by  means  of  l^yer, 
both  James  Plunkett  and  Jeffreys  might  be 
induced  to  trust  him.      And  thus*  the  chain  of 
the  correspondence  is  made  complete. 
Another  olysctioa  was  made  to  Plunkett, 


9  GEOnOE  L 

tb&i  he  had  b«en  guilty  af  a  fl«t  contrirliclion 

in  his  €vifl<?nce.  Tbut  he  finil  sitoit,  Jeiffeyt 
toltl  him  his  name  upon  hU  txvsi  cnminrrto  hiirif 
and  aft€nvards  that  he  did  not  kuow  his  name 
•till  he  received  the  letter  from  him  about  ihe 
prisoner's  being  couie  to  ton  n.  Hut  tlwt  ob- 
servation wa*i  ifroimded  upon  a  tiiistake  ;  fur 
whHt  Plunkett  said  was,  that  JefTreifs  rUd  UM 
lijin  his  surname  at  fir!»t,  but  that  he  did  uiit 
Itnow  bis  Chriatian  name  tilt  he  receife^f  (he 
letter,  nhicb  is  very  consistent. 

But  the  counsel  for  the  prisoner  were  w^tl 
aware,  that  their  observatJODs  upon  the  wit- 
nesses could  be  of  httle  effoctf  if  the  pajier 
called  the  Scheme  found  credit;  and  therefore 
in  the  ne%t  place  they  attacked  tliat  aft  Mnrr 
incralibfe  ;  they  represent  it  as  rittieulousiind 
IMtih— 4he  scheme  of  a  madman,  which  could 
ner^r  have  taken  place. 

Gentlemen,  a?!  to  ihisobserTntioti,  the  Scheme 
ii  indeed  such  an  one  as  I  hope  in  God  could 
fiercftake  place  any  wtiere^  but  in  Ihe  heads 
«f  Iboae  that  framed  it.  But  with  great  nub- 
mission,  that  ii  no  objection  ta  the  credibility 
of  it,  profidcd  it  be  proved.  For  the  t^nsi- 
deration  is  not,  how  it  now  appears  to  yon  or 
to  me,  who  look  upn  it  in  a  different  li^ht, 
and  on  the  contrary  pnnci|des  from  theirs;  but 
the  proper  cntisiJcraiion  ii,  what  the  con«;pi- 
ratora  thetuselvea,  with  regard  to  the  views 
and  principles  they  went  upon,  miglit  think  of 
it.  And,  i^ntlemen,  in  that  light  e^catuine  it, 
go  through  the  several  articlts  of  it,  couipare 
them  toiielher,  atut  you  will  find  them  cou- 
sistent  and  coincideut;  all  the  parts  answering 
4a  one  another.     Every  quarter  of  the  lowu  is 

Krofidcd  for,  di*i|iositiaus  made  of  certain  oiim- 
ers  of  men,  and  care  tnkon  to  pre^^erve  the 
communication  between  them  by  watch- words 
agreed  upon  for  that  purjwse.  These  things 
make  it  plain,  that  it  was  fully  con sidfTcd  by 
-those  wlio  drew  it,  and  framed  not  at  ramlnm, 
but  upon  computation  of  a  force  of  which  they 
thought  themselves  assured.  And  what,  tboui^li 
it  should  be  admitted  to  be  extravac^ant,  and 
not  likely  to  succeed?  If  that  shtiuld  be  ^iven 
way  to,  as  a  certain  objection  a^^^inst  a  pIol*s 
finding  credit  afler  it  is  detected,  1  am  afraid  it 
would  be  a  sure  method  to  make  sucli  plots 
suceeed,  or  at  least  to  ftecure  the  authc^rs  of 
them  from  punishment.  Do  hut  intermix  some 
absurd,  extravagant  parts  in  ihe  plan  of  the 
conspiracy,  and  then  accnrdiriLf  to  this  rcas^m- 
ing  it  is  below  notice,  and  must  be  suffered  lo 
jpo  on,  or  if  a  stop  be  put  to  its  prosrress,  yet  it 
IS  incredible,  and  nobody  must  be  believed  to 
be  (^ilty  of  it. 

But,  gentlemen,  whatever  difficulties  may 
be  raised  a^'^ainst  particular  parts  of  the  written 
Scheme,  yet  upon  ihp  grounds  and  suppositions 
which  the  prisoner  and  bis  accomplici-s  pro- 
ceeded on,  their  erenei  al  design  mi^ht  appear 
wery  feasible  to  themselves.  For  it  is  piam 
they  had  a  dependence,  h«iwnver  ill-founded, 
upon  discontents  raised  in  tlie  minds  of  the 
people,  and  ou  corrupting  great  numbers  of  tlie 
\Mrmy,    wh'Kh    would    Wve   diroiDished    the 


Trird  of  Christarphtt  LaytTf 
strcnisftb  of  the  {V'ovemmeiit^  aiiil  add#>d  td  theii 


ow  n ;  and  ailer  they  ha4  made  a  k««riiMyi| 
herf*,  it  if  proved  that  tbey  e:i|»eetcd  atMil^H 

The  neict  thing  to  be  Qonimkt-ed,  ii  the  U%* 
timony  of  the  prisoner's  witne«iea  ;  and, 

tlemcn,   you  observe  that    tlh-y  have 
called  any  witnesses  to  coutrudict  the*  tji 
taiotd  in  our  evidence,  iat  Ihe   tieofi'^ 
hou4c  at  the  Green  Man  say  iinthiii 
pur()Ose ;  but  all  their  evidence   is  app 
ihe  character  and  credit  uf  the  witncsaet 
dueed  for  the  king. 

Ab  to  that,  I  imist  observe  (0  you«  tlia 
not  to  be  expected  that  conspiracies  and 
tr»rous   machiuations  of  this    kind   shoulj 
proved  by  person*  of  tlie  best  cliai^a 
is  necessary  from  the  naturt?  uf  the  t 
they  should  be  proved  by  those  who  1 
privy  to  them,  and  such  ptrsions 
sibly  be  of  characters  absolutely  unfa 
Therefore,  to  say  that  such  witness* 
to  lj€  believed,  "is  in  effect    lo   say,^ 
evidence  of  a  plot  is  ever  lo  be  l»eli*'vi 
surely  is  an  argument  tJiat  (troves  tool 

The  tii-st  witness  ihi-y  called  on  this  he 
my  lord  North  and  Gre^,     I  am  heartily  1 
tosee  hislordiihip  here  in  his  prcseut  coad 
Ufion   this  occasion ;    the    rather,  becaua 
obtigcfi  me  to  ohnerve,  tirtt  here  are  cin 
stances  proved  tvliicli   utfect  him  ,   I  will  < 
it   no  farlher,    hut   some    titciiuibii 
proved  in  this  cause  whii*h  dn  HflTi^ci  I 
what  is  his  evUlence  ?  f  li^  lordship  \ 
to  impejich  thecharat'tpr  of  Lynch ;  and  I 
ever  he  may  iinpeiiclj  his  cliaructer,  1  am  I 
he  sujiporti  his  credit  as  to  tf»e  facts  sworfl 
him.     The  account  his  lordstnp  gave^  waf,< 
the  prisoner  broujj^ht  Lynch  to  his  hoiii 
Epping,  iniroduced  Lynch  to  him,  that  hcl 
never  acquainted  *vilh   hirn  before  ;  but 
Mr.  Layer's  introduction,  received  him  civil 
and  that  Lynch  came  thither  a  second  tim^ 

Now,  these  are  the  very  facts  Lynch  aa" 
to,  and  consequently  8<i  far  my  lord  sup 
him.     But  then,  as  to  bin  character,  his 
ship  is  pleased  lo  »ay,  that  the  first  lime  Ly 
was  ihei'e,  he  gave  him  a  history  of  his 
and  in  that  gave  so  vile  an  account  of  hiii 
that  when  he  came  a  second  time,   his  lord 
wouhl  not  give  him   a  loilging  in  his  ha 
This,  I  iliiiik,  was  the  whole  of  my  lord% 
timony  ;  and  I  caj^pot  help  remarking 
it,  that  his  lordship  gave  no  account  at  1 
any   business,    which   ciiher  the  prisone 
Lynch  had   with   him,  nor  of  any  partic 
occasion  upon  which  the  former  introduc 
lutlertohira.     That  was  a  matter  within 
lordiihip^s  own  knowledge. 

There  is  another  thing  which  is  a  little  I 
prizing ;  and  that  is,  that  Mr.  Lynch 
an  absolute  stranger,  as  is  confessed,  to 
noble  lord,  having  tlie  honour  lo  be  introda 
by  a  friend  to  a  person  uf  his  great  qua' 
should  have  so  tittle  regard  to  his  friend,  or  la 
the  opinion  that  noble  brd  was  to  conceiTe  al 
bim»  at  al  the  itrsl  iutarview  to  take  ao  add  1 


Jin-  High  Treason* 

Mig  reoommendei],  and  i;if  e  a  moct 
nous  character  of  hiinteir.  This  ia 
:  out  of  the  ordinary  coui*se ;  but  you 
lAt  ao  it  was. 

w  other  witnesses  to  Lynch's  credit, 
uding  their  number,  I  apprehend 
lence,  when  duly  considered,  will 
I  weight.  They  were  most  of  them 
enter  into  particular  facts ;  but  the 
reeably  to  the  constant  course  of  e?!- 
erruled  them  in  it ;  and  that  you, 
I  of  the  jury,  may  be  satisfied  do 
was  done  by  this  to  the  prisoner,  I 
Lion  the  reason  of  it.  The  reason 
cnlar  facts  are  not  to  be  given  in  evi- 
impeach  the  character  of  a  witness 
it  were  permitted,  it  would  beimpos- 
lat  witness,  having  no  notice  of  what 
oru  a(;ainst  him,  to  come  prepared  to 
iswcr  to  it ;  and  thus  the  characters 
MS  might  be  vilified,  without  having 
rtunity  of  beiu^  vindicated. 
le  witnesses  themselves,  some  of  them 
know  no  ill  of  Lynch ;  many  of  them 
iro  him  but  a  little  while;  some  of 
«  ao  account  of  declarations  made 
I  prosecution  began,  and  how  fairly 
e  drawn  from  him  don't  appear ;  and 
others  of  them,  I  submit  it  to  the 
consideration  of  the  jury,  from  their 
I  the  appearance  the>  made,  whether 
^it  not  themselves  to  have  brought 
I  lo  support  their  own  credit. 
rpeara  plainly  to  be  mistaken,  and  that 
';  he  was  askcnl  imw  l;ni«f  he  had 
jach  f  And,  I  think,  he  sai'l  he  kneiv 
mhIuu  last  winter ;  now  it  ftpjieurs  that 
me  into  EugUind  but  in  Aprd  last. 
men,  in  the  next  place  they  called  wit- 
Pluokrtt'tt  credit,  and  there  the  same 
fell  them  as  in  the  case  of  Lynch ; 
'  Barnewell,  their  first  witness  on  that 
ragli  he  is  willing  enough  to  give  him 
meter,  yet  he  confirms  several  of  the 
cfa  the  other  swore,  and  ^ives  exactly 
I  account  of  the  resouins:  the  pfoods, 
ilGiNDRtances  of  IMnnkeit's  becf>ming 
Hd  with  Layer,  which  lie  gave. 
!lhild  likewiite  supports  Plnnkett  as  to 
OMtance  of  his  carry iiiir  her  husband 
ifoner's  house,  and  the  prisoner's  re- 
Me  him. 

In.  Mason,  they  have  taken  n  great 
MM  to  prove  her  a  very  ill  woman. 
<is,  or  \»li:-.i  those  persons  are,  whom 
f  called  !•>  Imt  crc  dit,  we  «:an't  tell ; 
Mbapfica.'N  even  from  their  own  wit* 
kHahc  is  one  witii  whom  Mr.  Layer 
it  to  converse,  and  tlieretbre  it  is  not 
Uilhatshe  mi^'iit  he  f  ntnistctl  by  him  : 
sach  only  as  i)e  tliout^ht  til  to 
wmA  enlnisf,  that  uc  can  have 
f.  The  prisoner,  lias,  indeed, 
R  thrtfC  wom«-n.  who  talk  very 
fcrjf  angry  with  her  ;  and  one 
""^  in  a  scolding  way,  that 
lihe  says  or  doc:s ;''  auo- 


A.  D.  172f.  [S8(i 

ther»  that  '*  she  would  take  away  apj  iiiao'» 
life  for  the  value  of  a  farthing;"  and  auoh  kud 
of  vehement  expressions.  It  is  sofficieiit  to 
say  this,  that  people  who  talk  thus  loosely  and 
passionately  upon  their  oaths,  rather  bring  ■ 
suspicion  upon  their  own  credit,  than  upon  the 
creoit  of  those  against  whom  they  swear. 

But,  gentlemen,  if  they  had  brought  a  much 
stronger  evidence  against  the  characters  of  the 
king's  witnesses  than  they  have  done,  what 
would  it  have  availed  them  P  Does  this  case 
de[iend  upon  the  characters  of  these  threo 
witnesses?  It  cannot  be  pretended  that  it  doei« 
Let  their  characters  be  what  they  will,  their 
credit  in  this  cause  is  undeniably  supported  ; 
supported  as  to  several  material  facts,  by  the 
evidence  for  the  prisoner,  but  most  strongly 
by  the  papers ;  against  which,  1  apprehena, 
nothing  has  been  said  to  take  off  their  force. 
If  those  papers  are  not  genuine,  how  should 
the  notes  signed  with  the  Pretender's  hand,, 
which  tlie  prisoner  received  from  sir  Williaot 
Ellis,  come  to  be  amongst  tliem  ?  How  should 
this  Scheme,  proved  to  be  of  Mr.  Layer's  own 
hand-wiiting,  have  been  there?  The  prisoner, 
I  must  own,  did  call  one  witness,  Bennet,  who 
was  his  clerk,  and  is  now  his  solicitor,  to  swear 
he  believed  the  scheme  not  to  he  the  prisoner's 
hand.  But  it  happened  with  Bennet,  as  it  did 
with  several  others  of  their  witnesses,  that 
though  he  is  willing  to  carry  his  belief  as  far 
as  he  can,  that  this  is  not  his  master's  hand; 
yet  he  is  forcetl  to  acknowledge  another 
matter,  which  still  verifies  the  papers  con- 
tained in  these  packets  to  be  nis  master's 
papers :  for  being  a^ked  of  whose  hand>  writing 
one  of  them  was,  he  swears  it  was  written  by 
himself  for  the  prisoner,  and  by  his  direction. 
This  comes  out  of  the  month  of  his  own  wit* 
ness,  and  confirms  Mrs.  Mason's  testimony, 
that  these  papers  came  from  Mr.  Layer. 

But  over  and  above  all  this,  you  have  the 
prisoner's  own  confession,  proven  by  two  gen- 
tlemen whose  credit  is  beyond  all  dispute ;  and 
certainly  the  prisoner  must  be  allowed  to  be  m 
good  witness  against  himself. 

However,  we  shall  not  leave  the  credit  of 
our  w  itnesses  singly  upon  these  observations, 
though  I  think  we  might  safely  do  it;  but 
shall  cndi?avour  to  take  off  any  ill  impression.^ 
their  evidence  may  have  left  upon  you,  and 
vindicate  their  characters;  and  that,  not  by 
such  witnesses  as  some  of  those  produced  for 
the  prisoner  were,  who,  I  observed  before, 
might  stand  in  need  of  witnesses  to  sup{>ort 
their  (»wn  credit,  but  by  persons  of  undoubted 
reputation,  who  will  satisfy  you  that  their  ge< 
nerni  character  is  such,  that  they  very  well  de- 
serve to  l)e  believed  by  you. 

I  have  now  done  with  repeating  and  ob- 
serving upon  the  evidence  on  lM>th  sides;  and 
I  beg  leave  to  insist  upon  it,  that  we  have 
fully  made  good  what  was  opened  to  yon  at 
the  he:rinning  of  this  catise,  that  in  general 
tiierc  has  been  a  horrid  conspiracy  carried  on, 
ill  order  to  overthrow  our  happy  constitution, 
ait'l  to  deprive  uv  of  all  the  blessmgs  we  enjoy 


SS7  j  9  GEORGE  I. 

mnd  promise  ourselvei ,  under  the  establishment 
of  Ins  majesty  ani)  his  Protestant  royal  family. 
The  part  the*^pri«oner  hath  acte«i  in  this  fully 
appears  to  yon,  and  it  appears  to  be  a  rery 
oonsiilerable  one. 

It  has  been  Mid,  imieed,  that  he  is  but  an 
inconsiderable  man,  of  no  rank  or  fortune  fit  to 
aosuin  such  an  undertaking.  That  obserfa- 
tiou  may  be  true ;  but  since  it  is  plain  he  did 
midcrtaKe  it,  that,  joined  with  the  other  cir- 
cumstances proved  m  this  cause,  serves  only  to 
4lemonstrate,  that  he  was  set  on  work,  and  sup- 
ported by  persons  of  greater  abilities  for  such 
an  cnterprize.     And,  gentlemen,  this  is  the 

most  affecting  consideration  of  all. But  I 

would  not,  even  in  this  cause  of  your  ku.^  and 
of  your  country,  say  any  thing  to  excite  your 
passtcos;  1  choose  rather  to  appeal  to  your 
judgments ;  and  to  those  I  submit  the  stren;>;th 
anci  consequence  of  the  evidence  you  have 
heard. 

My  lord,  I  beg  pardon  for  having  taken  up 
•o  much  of  your  time;  I  have  but  one  thing 
to  add,  and  tiiat  is,  humlily  to  beq*  of  your  lord- 
ship,  for  tho  sake  of  the  king,  for  tfie  sake  of 
myself,  and  for  the  sake  of  the  prisoner  at  the 
bar,  that  if  1,  through  mistake  or  inadvertency, 
have  omitted  or  inisropeated  any  thing,  or  laid 
a  greater  weight  upon  any  part  of  thr  .'vidence, 
than  it  will  properly  Ik'uf,  your  lord^uip  will  be 
pleased  to  take'notire  of  it,  and  set  it  right,  that 
this  wh(>le  case  may  come  before  the  jury  in  its 
true  and  jii»i  light. 

Strj.  Chf  shire,  ft  is  so  late,  that  it  will  be 
inexcii^nblv  in  me  to  trouble  yuur  lordship  ^viih 
any  thinij  by  way  of  reply,  espcrially  since 
Mr.  Solicitor  Cieueral  hath  done  it  ko  fully. 
Wcbhall  only  beif  leave  to  call  a  few  witnes>es 
to  the  creilit  of  the  kind's  witnesses. 

Mr.  Ketdhttf,  I  shall  not  take  up  much  of 
ynur  lonltihip's  tirir;,  esjrerir.ry  s"iro  }our 
lordship  and  the  Cvourt  iiave  Itciii  entrrtaiPLMl 
so  wrll  r.nd  so  lonj;-  by  Mr.  ISulici^or  Gciieral, 
at  least  two  hours,  a>  1  have  observtd  hy  my 
watch;  b»it  it  uas  inipnv  lh!e  for  inn  to  think 
Lim  tetlious,  thon^-h  mi  L.tt?  at  n-'^Iil,  ;iud  esije- 
cially  Kiiice  \i\>  co.icIu.»ii':i  is  ^\..;.i;y  r.-^rctahlc* 
to  the  c'oncliisii.ii  oi  a  InN:  <;clcbrat('d  .Solicitor 
General  *  on  a.  like  cccasimi. 

Att.  Gen.  We  niu>t  be:j  k-aveto  (all  soiiu' 
witin'bi.i.'s  wo  hav«.',  who  will  support  the  credit 
of  Mr.  Lynch  and  Matthew  Plunkett. 

Mr.  I'c rno/i  sworn. 

Seij.  CUihtJc.  Do  )0U  know  Mr.  Lynch.' 

J''crnon.    V<'s. 

Serj.  CU'jhirt .  WIiul  account  dr  you  give  of 
him ';' 

reman.  1  keep  a  tivern  at  the  Swan  and 
Uurnmer  in  Fii.ch-lare;  tiiiii  giiitlenian  hath 

*  Mr.  Finch,  al  rol.  SSichu  y's  iriul.  Formtr 
Edktijri,  The  trial  ol  Sidney  ;s  rqirrtcil  in  this 
l'ol'fCtion,v(>l.  9,  p.  817.  j'do  not  tind  in  that 
report  any  account  that  the  Solicitor  General 
did  what  is  ht-re  nsrrit>ed  to  him.  Concerning 
that  report.  »ee  vol.  9,  p.  8(i5. 


[!88 


Trial  of  Christopher  Layer ^ 

frequented  my  bouse  these  ftwr  i 

day,  till  he  was  in  cuMndy;    be  hath  beoi « 

vc  ry  tr^od  custcincr,  and  paid  me  kooctlly. 

Serj.  Cheshirr,  Do  you  know  the  priMMral 
the  l»r  ?  Have  vou  seen  Mr.  Lynca  •atlia 
in  comfiany  t<i^^ether  at  your  hoaae  ? 

Vernon.  Yes ;  I  have  seen  Hiem  hiiBi  to 
company  together  at  ray  houjte. 

Mr.  keleibey.  How  long  hath  he  beayip 
customer  ? 

Vernon.  From  the  begioning  about  Ite 
months. 

Mr.  Keielbetf.  About  four  months!  Didht 
spend  his  money  plentifully  and  fnedyf 

Vernon.  Yes ;  some  part  of  it  1  bave  bU 
since  he  bath  been  in  custo<ly.  ' 

Mr.  Ketelbey,  How  much  was  he  in  yatf 
debt  before  he  was  in  custody  f 

Vernon.  Ten  or  eleven  shillings. 

Mr.  Kctclhej/.  How  long  had  he  beei  ig 
custody  before  ho  paid  you? 

Vernon.  Not  long. 

»Jr.  Hunseiford.  He  had  the  first  fnfeiif 
his  bring  in  custody ;  he  had  some  aNBlfi 
anJ  so  he  paid  *ou  your  reckoning. 

Seij.  Pen^eliy,  VVe  take  it,  that  Nr.Tflnarf 
{>ro«es,  that  Layer  and  Lynch  were  tJOumMi 
together. 

Captain  Malthus  sworn. 

Serj.  Cheshire.  Do  you  know  Stepboi 
Lynch? — Ma/thus.  Yes.' 

Serj.  Cheshire.  How  long  have  you  kaomi 
him? 

MnitfiNst.  Ahout  nine  years.  I  knew  bio 
first,  >>  hen  he  was  a  merchant  at  the  Cananei. 
I  trailed  wiih  him  several  times  ;  several  times 
i  wrs  conaritrned  to  hiiu,  an«l  1  have  seen  hirfl 
at  homo. 

Serj.  Cht'>hirc.  What  account  can  you  gift 
of  hl^  l>eh:;vj'.)ur? 

Mt  It  Inn.  Ne  always  behaved  himself  ver| 
wil;,  !  \\\v\k. 

A'i.  i'-v'i.  Do  yoM  think  hi>  wituld  sireir 
\\\\  •  iy  to  liik  ■  awny  ii  in.uiN  life? 

^hJiiius.  No,  I  don't  ihiuk  ho  would. 

VtY.  httfifny.  I  low  h«ng  is  ii  since  you  btw 
!).?%; I  .1.  (}i::iiiit(.J  wiih  liiuii' 

Mdif/ih:,.  Mjiif-  or  liMi  years, 
j      >ir.  KvlUUu.  i:ow'  long  is  it  since  your  last 
aO(;:iain'.aiK'H  i' 

?.J i!i/it:;3.     About  four  iu')tiths. 

'<*.  Kiicibey.  Whif  distance  of  time  did 
thore  use  to  be  bcfwteii  your  seeing  of  him? 

MuUiius.  Two  or  liireo  years  ;  every  time  I 
\  oatnr  home. 

51  r.  A't  tclf'Ci/.  Doih  he  owe  you  any  money  ? 

^la.'Ci'ius.  No. 

Mr.  luh'l'ty.  Would  you  trust  him  with 
money  ? — MiiUh'ix.  Ho  ne\cr  askeil  me. 

.^ir  Kctciivi/.  Vi:nr  wimess  we  may  ask  ai 
to  p;;rticular'>;  Did  yju  know  his  auiit'there  at 
that  tiine ;'—  Mutt  hits.    Ni>. 

3Ir.  Kctc/lty.  J)id  \ou  know  any  thing  of 
his  hchaviuur? 

MuU/tus.  I  never  kucw  an  ill  character  of. 
him  in  my  life. 


for  High  Treasm* 

iplaifi  Arnold  fworn* 

Do   toa    know   Sf^phcn 

Ifn-r  ':  •:-  Vfjive  yon  known 
It  b  I  ears  ii;»o. 

—  Arnt^itt,  No. 
re.    Do  you  take  bim  to  be  a 

nrf fr  hm}  nnj  Jenling^  with  him* 


cy.    WouItJ  yotl  trtiit  liim  with 

^f  e  tUitfbg^  li  a  imall  sam. 
Ci>l«  Manmng  sworn. 
Ch^ikirt.     D»    you    know  IMadliew 
^ia^mng.  Yen, 

Bow  long  bare  joo  known 

•rdv  of  len  years. 

If  hat  credit  hatb  be^   Do 

honest  man  ? 

vni  himself  wcll^  and 

Do  you  think  he  would  for* 

I   1  li^licf  e  not, 
-  vf*    "I  1  hailnny  ifi»coor!6c 
Vif^  Atjd  ditl  not  you 

k  No^  1  (lid  Dot. 

|nr/onf.    Did  not  you  ifive  him  a 

Ir  lA  Mr.  Lnyer  ? 

\,  No,  1  did  not. 

,   Do  you  mean  thos,  lliat  he  he* 

alf  rery  well  as  a  soldier  ?    What  is 

it  cbaracter  in  ^ctlK^^\  ? 
immg,    1  know  uo  ili  character  of  him 
II  waa  with  tne« 

Cifal^y.  Dill  yon  itmft  hear  any  thinfif 
Im  m  air  Daniel  Carrol^  th«t  he  mm& 
M4tm^ti4  irpon  him  f 
^J»  If  li»  fftad«  an  unjutt  demand,  wit) 
nfcra  be  perfnrMif 

^ititikiy.    What  hate  yoa  heani  about 
^la^wcca  Mr,  Pbnkettandsir  Dimiel 

'  Mr.  Layer  say^^ 

nattr  hparany  body 

Uim^    i  mIc  you  about  making 

I  nfoo  air  Damd   Carrol  I,  what 

filf 

^  mftf  beard  any  thinf  like  it, 

'Vy     My  lond»  wo  ai>|treheod  we 

EiiBine,  la  to  parti curara,  a  person 

fftkn  aide  proditcea  aa  a  wilnesa  to 

^     ^^         A  iodis- 
.f»iu  With 


A.  D.  1722.  [S90 

iibftnm^.  No,  I  toUl  you  t  liad  oothbg  tm 
iay  in  relation  tu  PlmiketVn  rhar«cler. 

Hr,  Hungeffi/rd.  Let  him  ilIudOi  I  woal4 
not  atk  him  any  more  (jtif'stinns. 

Manning.   Why  lei  In 

Mr,  Hun  get  ford.  I  *v<  ,  .  ,  j  ve  him  e»» 
BDtne  you  any  further. 

Manning,  You  ore  ?ery  civil, 

Mr.  HuitMrrfQrd.  So  1  aiD,  to  give  you  oo 
further  I  rouble* 

Major  Home/ sworn. 

Serj.  Cheshirw,  Do  you  know  Ulatthew 
Plunkeit  ? 

HameL  I  bare  known  hitn  these  seTentectt 
years. 

Sffj*  Cheshire,   What  character   bath   he? 

Hamel,  He  was  then  ailrumiiRTin  the  rr^« 
merit,  and  always  did  his  duty  well ;  I  tmiew 
heard  him  coni plained  of;  he  aWays  hud  a 
good  character;  he  went  from  Ireland  to  Smtin. 

Mr,  Uungerford,  You  speak  to  hia  military 
conduct  ? 

HameL  I  know  of  no  oiber. 

8erj.  Cheshire,  You  say  be  always  had  a 
good  character  ? 

HamrJ.  Yes,  he  always  had. 

Captain  Croiltf  sworn* 

8erj.  CheMhirc.  Do  you  know  serjeaot  Plu 
krtt.^— Croji^y.  Yes, 

8erj,  Cheshire,  How  long  hsire  you  known 
htm.— Crui^V.  Three  yeara, 

8eij,  Ckahire.  What  cbaracter  had  he  for 
that  lime  ? 

Crmbj^,  W^hilst  I  knew  htm,  he  bore  a  good 
cimrftiier. 

Sery  Chtthire,  Did  yon  hear  any  ill  of  him  P 

Cro$hi/,  Not  during  the  time  that  I  knew 
him, 

Mr,  Kctdbey,  Where  waa  the  regiment  at 
thut  timer 

Crotby,  tt  was  in  towu  about  half  a  year  ago. 

Mr,  KeUihn/.  Were  you  not  of  the  aania 
regiment  ? — Crmhy,  We  neve. 

Berj.  Cheshire.  We  won't  gir c  your  lordship 
any  further  trouble, 

Mr.  Kctelhof.  And  we  sppreh^nd  we  hara 
no  occajiion  to  giro  your  lordship  any  further 
tronhle  hy  way  of  rcii^y. 

Ait.  Gtn,  My  lord,'aBto  my  lord  North  and 
Grey,  we  can  prove  he  atli'mpieil  to  get  away, 
ami  waa  endeavouring  to  go  to  Francf ,  ana 
wan  taken  in  iht  isle  of  Wight ;  and  that  o  hett 
the  prisoner  wasucized,  he  went  a  messenger  to 
give  my  lord  N  oi  th  notice  of  ii .  This  la^l  waa 
conivaBed  on  his  examinatfoo,  and  wt;  can 
prove  it,  " 

BIr,  Kffelhry,  1  most  aubmit  it  to  yoor  lord- 
ihi'^  <  be  admitted 

aa  <  '  person. 

L,  i  .  /,  it  Hu.tiyr, 

Geuctemeri  »«  »« indictment 

a;j:;i     "  *^"    '  a^n,  m-    j.m   >Mcr  at  the  bar,  |%>c 
liVj^i  '  The   treji^on  witli   which    ha 

muTihU  » ,»..i  -^li,  is  the  oompa^^mg  and  itnagin* 
ing  ibe  drath  of  the  king ;  tlm  overt-acta  ths^ 

U 


I 


« 


f91] 


0  GEORGE  I. 


Trial  of  Christopher  LayeTf 


[tori 


are  laid  in  this  indictment,  as  evidence  of  this 
treason,  are  several ;  first  of  all  that  he  did 
meet  and  consult,  adfiae  and  ame,  to  lery  war 
against  the  king ;  the  second  is  that  be  did 
publish  a  seditions  and  traitorous  writing,  ex- 
citing and  encoaraging  the  people  to  an  insur- 
rection, and  offering  rewards  for  that  purpose; 
the  third  is,  that  he  did  engage  in  a  design  to 
■et  the  Pretender  on  the  throne ;  the  fourth,, 
that  he  listed  soldiers  against  the  king ;  and 
the  last,  that  be  did  consult  and  agree,  to  take, 
aeize,  imprison  the  kin^ :  these  are  the  several 
oreit  acts  that  are  laid  m  the  indictment  of  the 
treason,  that  is,  the  compassing  and  imagining 
the  death  of  the  king.  Gentlemen,  I  must  tell 
yoii,  belore  I  go  on  to  lav  before  yon,  and  ob- 
ierve  on  the  evidence,  what  the  law  is ;  and  I 
must  tell  you,  that  the  law  is  undoubtedly  so, 
if  a  man  is  charged  with  treason,  in  compassing 
and  imagining  the  death  of  the  king,  there 
Bust  be  an  overt-act  of  that  treason  proved  in 
the  county  where  he  is  indicted ;  and  in  the 
next  place,  if  there  be  such  overt-act  in  that 
county,  he  may  be  charged  with  any  overt«act 
of  tlie  same  species  ot  treason  in  any  other 
county  whatsoever.  This  hath  been  irequently 
resolved  and  agreed,  and  was  hardly  ever  maiie 
a  question.  1  observed  in  the  hands  of  one  of 
the  counsel,  and  he  took  notice  of  it,  that  he 
bad  the  trial  of  sir  William  Perkins ;  he  coulil 
not  but  oheerve  there  laid  down  by  my  lord 
chief  justice  Bolt,  if  evidence  be  g^ven  of 
treason  in  one  oomity  where  the  indictment  is 
laid,  he  may  be  charged  with  any  overt-acti  of 
the  same  species  of  treason  in  any  other  county 
irhatsoever.  The  law  being  so,  I  will,  in  the 
best  manner  I  can,  set  out  the  uiatters  that 
have  been  given  in  evidence,  on  this  long  evi- 
dence, in  the  clearest  light  that  I  can  state  the 
examination,  the  objections  that  have  been 
made,  and  the  obsenations  that  are  proper  to 
be  made  upon  it. 

To  maintain  this  indictment,  the  king's  coun- 
ael  have  produced  several  witnesses.  The  first 
witnctis  is  Mr.  Lynch ;  the  second  witness  is 
Mr.  Plunkett ;  all  the  other  evidence  bath  been 
offered  to  confinn  the  evidence  ffiven  by  these 
two  witnesses.  As  to  Mr.  Lynch,  lie  tells  you 
liow  he  came  to  the  acquaintance  of  Mr.  Layer ; 
that  he  was  an  intimate  acquaintance  of  I>r. 
Mnr])hey,  and  Dr.  Murphey  recommended  him 
to  Mr.  Layer ;  being  so  recommended  he  had 
several  meetings  with  Mr.  Layer  in  Middlesex 
at  the  Griffin-tavern,  and  in  Holboro  at  the 
Castle- tavern,  and  1  think  at  Southampton- 
buildings. 

He  tells  you,  at  thene several  meetings  it  was 
declared,  that  there  was  to  be  a  rising,  and  it 
was  Uiouglit  necessary,  tu/inake  this  rising  the 
more  eflfectnal,  that  my  lord  Cadogan,  the  com- 
mander in  chief  of  the  king'a  forces,  should  be 
seized. 

Mr.  Layer  said  to  Mr.  Lynch,  he  was  kioked 
upon  as  a  person  proper  for  the  undertakiiw, 
and  he  declared  that  be  was  willing ;  and  aaio, 
if  that  was  the  opinion  of  thwe  conomad  io  the 
affair,  be  wouU  undertake  Io  do  k 


;  they  went  to  my  lord  Cadogao*8  boaw,  to  ?iew 
the  house,  and  the  several  avennea  aboot  tho 
house;  and  after  the^r  bad  taken  Uua  viewt 
Lynch  declares  bis  opinion,  that  it  was  ftiiiUi| 
and  he  would  undertake  to  do  it. 

After  he  had  given  yon  an  aocoootof  what 
happened  at  the  several  meetings  in  MiddhMSi^ 
then  he  comes  to  what  was  done  In  the  awiHj 
of  Essex :  he  tells  you  Mr.  Layer  canae  toUii, 
and  asked  him  whether  he  would  ride  oat  «lh 
him  to  take  the  air?  He  agreed  to  k;  tbqi 
both  went  out  of  town  together;  be  sud,  fhk 
as  they  were  going  along,  Mr.  Layer  toM  Mm 
his  intention  was  to  go  to  my  kml  North  tod 
Grey's;  he  says,  they  went  forward  with 
that  intention,  but  before  they  come  to  the 
Green-Man  at  Layton-stone,  they  thooght 
it  would  be  too  late  before  they  pit  to  my 
lord  North  and  Grey*s  for  dinner,  tbcrefiNO 
thev  thought  proper  to  halt  at  the  Ghreen-Mtai 
and,  take  a  refreshment  there.  He  teHsyoi^ 
they  did  stop  there  at  the  Green-Man,  and  «C 
tliat  time  Mr.  Layer  did  repeat  the  disooanoiT 
the  rifling  that  was  intendetl  to  be ;  hesoU,  n^ 
lord  Townshend,  and  my  lord  Carteret  aid  Mr. 
Wal|M>le  were  to  be  seised,  a  party  were  to  b| 
sent  to  seize  the  king ;  and  that  a  scheoN  VH  ^ 
laid  for  seizing  my  lord  Cadogan,  and  thit  it  ^ 
was  proposed  as  a  proper  time  to  put  tUo  U  ^ 
execution  at  the  breaking  up  of  the  canp^  "Hi  ^ 
saifl,  when  he  was  mentioned,  at  first  fa«  mdl  ^ 
some  little  doubt  whether  tliat  was  a  proper  ii^  \ 
portunity ;  with  that  Mr.  Layer  told  him,  pnw  .^ 
consider  with  yourself,  if  you  do  not  think  lUl  -^ 
practicable,  will  you  propose  sooMtbiDg  ehli.^L 
anil  \yQ  will  alter  our  scheme  ? 

He  saith,  at  this  same  time  Mr.  Layer  poM  ~< 
out  of  hi«  pocket  a  Declaration,  purportiog  aO 
exhortation  and  excitation  fur  people  to  riM 
and  t.ike  up  arms  against  the  king,  sod  rewaidl 
offered  for  that  purpose. 

Afierwanls  they  went  to  my  loni  North  aid 
Grey*s.  and  that  Mr.  Layer  introduced  him  1^ 
his  lordship,  as  his  friend ;  that  they  were  o» 
villy  and  kindly  received,   supped  there,  jl^F 
there   that   nii^ht,    and  dined    there  the  dy'    - 
atler.    This  is  the  evidence  given  with  relslittaA.  . 
to  what  was  done  in  the  county  of  Essex ;  t*^ 
if  this  relation  be  true,  no  doubt  there  k  a  i*''  2 

orft>^  -S 


overt  act  proved  upon  him  in  the  county 
sex,  and  consequently  the  indictment 
laid  in  Esiiex,  and  then  the  evidence 
county  of  Middlesex  will  be  a  proper 
against  the  prisoner.*    But  as  to  this 
of  Mr.  Lynch,  they  say  for  the  priai 
Lynch  is  not  to  be  believed,  that  be 
profligate  wretch,  and  no  credit  is  to  i 
to  him,  though  U|»on  bis  oath ;  and  it 


*  See  Bast's  Pi.  Cr.  ch.  S.  a.  61,  ai  «> 
164.    That  if  one  suffideot 
county  io  wbioh  theindii 
by  one  witnesa  and  i 
be  proved  by  i 


f..w 


'  High  Trea»(>n^ 

>  «tiif<^ce  Ihftt  bath  been  [j »ven  for 

ft  CT^rat  number  of  witoess^it, 

r  your  conjiiiieration  :  but  you 

i  cane  of  thh  ruirure,  if  yoii  ore 

es  wltbotit  rxcephiiD,  it  i«  im- 

J  ftny  eirictt'tice  to  couvict  a  man 

i;  nolKKly  wUl  eugn^e  in  sucb 

I  of  ft  Dice  crettit  and  rt;|)uttitiori, 

t'n  not  to  Iterxpt'ined;  for  if  U 

1  bft  imfKitsible  to  convict  any 

urtll  emiMiiJcr«  ftUbough  credit 
be  i^iven  to  n  mna  of  ill  rc- 
i»su|t|>oried  in  hh  cvitleno*;  that 
other  evtdcDccSf  you  vvill  consider 
fOiftl  w\l\  not  remove al!  sorts  of objec* 
\  ta  liii  dttracif  r. 

\  tite  orert  act  of  publishinnrtUe  deflara- 
1(1  ported  hevond   coT»lradiction  ; 
in  h\s  rxaminiition   before   the 
tUiiCii,  uberi  iieisiLakcd,  whether 
iclaratitin  ?     He  says^  he 
p  Arid  tbat  was  drawn  by 

Mv  lordf  what  Mr.  Staayan  ftuvs, 
4m  tiot  say  thfti  1  confesseii  that 
liv  we. 

'<ju  must  not  interrupt  me  while 
r  Ibe  jury.  You  have  behftved 
IperatHy  hiiberto,  but  you  must 
I  cHunot  bear  it.  The  bub- 
Mr.  Stanyaii  Htitd  is,  that  v\  hen 
mI  of  yoUf  whether  you  bad  seen 
imttftm,  }ou  said,  you  had  leen  none 
riMKli  drftugbt  tbat   Wfts   drawn    by 


1  hfg  your  lordahip'i  pardon^  Mr. 
m  m  here  in  court. 
X  X    U  be  in  court  f    Let  biiD  be  aak- 


ftgain. 

^•%  My  liird,  I  lielie? e  I  did  iayt  that 
i^i^r  M  confesii,  that  it  was  the  heads  of 
IfMaoo  which  be  bad  drawn  himself. 
C«  J*  Now,  Sir,  after  this,  i  expect  not 
M  by  you  any  more. 
the  leatteri  he  doLb  at  the  same 
that  that  waa  the  declaration 
be  bad  shewn  to  Mr.  Lynch  at  the 
(•Man,  «iD  the  way  as  they  were  goinf^ 
i  lani  North  Mid  Gm'f .  ho  that  part  of 
tft  nippmied  by  Mr.  Layer's  own 
~  E>  the  other  pait,  that  he  did 
tft  Jevy  war,  contider,  that  he 
tbe  council,  that  he  did  i^o 
EB»llftft,  and  there  shewed  the  de- 
Mr.  Lyncb  ;  whether  that  doth  not 
whit  tbeniht  rKaith,  that  be  went 
Naiif  and  tlmt  th^rethey  Utk. 
ion,  and  the  li^vyioK  ^*  '*"*' » 
my  lord  North  and  Grey*s, 
tftooamitfided  Mr.  Lynch  to 
'  0f«y  ftft  ft  fit  peraoD  to  aeize 
aaal  to  bft  coDcenwd  in  tbo 


A.  D.  17^22.  [294 

war  a||:ainst  the  king ;  but  be  confesaed  beforft 
tite  council,  that  he  went  to  Rome,  h»d  two  se« 
T era t  conferences  with  the  Pretender,  and  wai 
very  kindly  received  by  him  :  beaaid  be  aaked 
the  Pretender,  if  he  would  tjif  e  him  any  cro* 
deutiab  thai  niJ^ht  reconnnend  liim  to  bis 
friends  in  En^rland  ;  thut  waji  obj^^ct^d  to,  and 
not  complieil  with  ;  but  then  he  anked  a  pkrti- 
cubr  Ikvour,  that  the  PrHendtr's  spon*»e  would 
stand  ^oduKither  ti»  hii  child;  ihat  is*  trrantc*!  j 
and  the  Pretender  iiimself  is  willing  to  stand 
giHifftther. 

Afterwards,  when  he  returns  into  England, 
he  coiisitli '^eti  of  proper  proxies  to  represent 
the  Pi  f'f endtT  ant)  his  upouae  ;  and  asking  mf 
lord  Orrery,  he  refused  him  ;  then  heaakeil  my 
lord  North  and  Oicy,  who  con^icnleil :  my 
lord  North  and  Grey  «tood  ai»  pr^ixy  for  thft 
Pretender,  and  the  ducbefa  of  Orroond  aa 
proxy  for  the  Pretender**  wife. 

lie  tells  you,  at  this  time  when  he  was  at 
Rome,  he  had  tobl  sir  William  EUis,  it  would 
be  of  great  service  if  be  could  have  a  fund  of 
credit  to  raise  money  with.  How  must  that 
be?  \Vhy»saith  he,  letrae  have  blank  receipt* 
signed  by  the  Pretender  himself;  and  accord- 
ingly he  1 1  ad* 

This,  be  tells  you,  is  what  happened  at  that 
time.  Now  the  evidence  given  by  Mr,  Lyncli, 
liein^  of  an  insurrection  in  favour,  and  for  the 
service  of  the  Pretender,  when  Mr.  Layer  owns 
be  had  two  con*erences  with  the  Pretender, 
and  was  receiveil  so  kindly  by  him,  and  hnd 
lucb  particular  marks  of  bia  Favour  ;  cotifclder 
wbrther  thid  dotb  not  support  the  evidence 
wbicli  is  given  by  Mr.  Lynch. 

The  next  evidence  ia  Mr.  Plonkett ;  be  idli 
yon  how  became  recomoiended  to  1^1  r.  Layer 
by  one  major  Baroewell,  on  this  occasion*  Ho 
tells  you  Mr.  Layer's  goods  were  in  executioDp 
and  be  was  employed  by  major  Bar ne well  to 
rescue  them  ;  accordingly  he  went  and  fetched 
a  couple  of  soldiers,  got  into  the  bouSe«  droto 
out  the  othcers,  and  rescued  (he  goods.  By 
this  it  appears,  (hat  Mr.  Plunkett  was  a  bold 
daring  man,  tit  to  be  employed  on  sucb  an  oc* 
casioQ,  and  they  assign  that  aa  n  reason 
which  answers  tbe  objection  made.  Saitb  Air. 
Layer,  how  came  it  to  pa»s,  that  when  I  bad 
never  seen  tbis  man,  that  1  of  a  sudden  should 
have  such  a  contidence  as  to  trust  him  in  an  af* 
fair  of  this  nature?  Jn  answer  to  that,  it  is  sai<f| 
he  liad  done  bim  a  singular  service  before,  be 
bad  done  ft  bold  act,  bad  got  some  grenadiers 
and  rescued  his  goods  when  tbey  were  taken 
in  execution;  and  likewise  James  Plunkett  had 
given  a  character  of  him,  that  he  lookexl  upon 
him  as  an  honest  man,  and  therefore  recom- 
mended bim  to  Mr.  Layer. 

Then  he  tells  you,  that  Mr.  Layer  said  they 
wanted  a  man  to  serve  on  this  occasion;  that 
•Tames  PI uukett talked  of  ofticers,  but  we  don't 
waul  officers  ao  much  as  we  do  brave  serjcanta, 
old  soldiers,  such  aa  will  be  r»'ivdy  and  qualifieil 

!«upport  tbe  mob,  »nd  to  dinripline  and  head 
Micm  I  ibftseare  the  men  we  want,  can  you  get 
I  §mU  m  thotf  Stlcb  aa  yoy  arv,  that  will  bft 


f95] 


9  GEORGE  I. 


ablato  discipliaethe  mob  and  pot  them  io  order. 
1  told  bim  (says  the  witness  Plunkett)  I  wooM 
do  my  endeavourt,  aud  accordingly  1  adf  ised 
him  that  I  had  procured  twenty -five  read^ 
for  the  serrice ;  he  desired  to  hare  lists  of  their 
Mmes,  and  the  places  of  their  abode,  that  so  he 
nifjrht  know  where  to  send  to  them  on  occasioD. 
'  Now  the  objection  to  this  evidence  being  only, 
how  comes  it  to  pass  that  a  man  should  be 
trusted  with  such  a  secret,  snd  this  on  the  first 
•iflfht  or  acquaintance  P  Why,  saith  he,  I  had 
b^n  employed  before,  and  had  shewn  myself 
faithful  on  other  occasions,  and  did  serve  him  in 
rescuing  his  goods,  when  they  were  seised  upon 
in  execution,  and  James  Plunkett  recommended 
me.  This  is  the  eridence  of  Alatthew  Plunkett ; 
and  if  Plunkett  swears  true,  if  he  was  desired 
by  Mr.  Layer  to  procure  and  list  men  for  the 
service  of  the  Pretender,  and  he  says  and  de- 
clares he  did  do  it,  then,  if  this  evidence  is  to 
be  credited,  the  prisoner  at  the  bar  is  guilty  of 
the  treason  wherewith  he  stands  cbar^:  But 
■till  they  rely  upon  it,  and  hope  you  will  not 

E've  credit  to  tiie  witnesses.  You  hear  what 
ith  been  answered  by  the  counsel  for  the  king, 
and  I  observe  to  you  now,  that  though  here 
was  such  a  charge  against  the  witoeases,  the 
kind's  counsel  have  |miduoed  several  persons 
that  had  good  aspects,  and  seemed  to  oe  men 
of  reputation,  wlio  say,  they  know  them,  and 
believe  them  to  be  men  of  reputation. 

Then,  gentlemen,  the  next  thing  insisted  on 
is,  that  the  evidence  given  by  Lynch  and  Plun- 
kett is  supported  by  the  papers  that  were  seized 
in  Mrs.  Mason's  custody.  Consider  how  that 
matter  stands ;  Mrs.  Mason  tells  you,  that  Mr. 
Layer  bi-ought  two  imckets  of  papers  sealed  up 
to  ner,  and  told  her  they  were  love-letters ;  she 
says,  slie  was  desired  to  keep  them  by  the  pri- 
soner ;  and  accordingly  she  did  keep  them  for 
him  ;  and  you  have  it  afterwards  from  the  wit- 
nesses, who  have  been  produced,  and  against 
whose  credit  there  is  no  exception,  that  having 
a  warrant  against  Mra.  Cook  and  Mrs.  Mason, 
tliey  came  to  Mrs.  Cook's  house  to  search  for 
papers,  and  in  Mrs.  Ma<K>u's  room  there  was  a 
trunk  which  was  locked ;  they  entered  it  to  be 
opened,  which  Mrs.  Bf  awm  did,  and  they^koot 
of  the  trunk  two  bundles  of  papers  sealed  up 
as  you  have  heard  ;  they  tell  yon  the  bundles  of 
papers  were  Ojtencil,  that  they  set  their  marks 
upon  each  paiier ;  and  one  of  them  did  not  im- 
mediately set  his  mark;  but  afterwards  it  is 
proved  that  be  kept  ihem  from  the  time  they 
were  delivered  to  him  till  the  other  came  back 
again,  and  then  upon  his  return  he  delivered 
them  back  again  to  him  ;  tlien  he  set  his  luark 
upon  them,  both  set  their  marks  upon  them, 
and  therefore  they  can  swear  that  they  are 
the  same  papers  that  were  token  out  of  Mrs. 
Mason's  trunk :  Then,  if  Mrs.  Mason  swears 
true,  they  are  the  papers  of  Mr.  Layer,  which 
were  delivered  to  her  liy  hiui ;  and  so  tracing  it 
from  iiaiid  to  hand,  thi-se  are  the  same  pe|ien 
thai  were  found  in  Mrs. 
Mrs.  Mason  swears  the 
her  flurk  apon  then. 

1  ^ 


Trial  of  Chridoflier  Layer f 

Bot,  saith  Mr.  Layer,  than  is  as  i 
^ven  to  Mrs.  Mason,  she  is  sn  ili^ 
infamous  woman,  thcirefora  her  r-^ 
to  he  regarded. 

Gentfemen,  consider  how  tlus  I 
in  one  of  these  packets  of  papsra  w«n  immk 
the  Pretender's  receipts,  which  Mr.  Lrairbs* 
fore  the  council  said,  he  had  desired  r~  — 
Ellis  to  procure  for  him  Irsm  the 
and  which  he  had  aoeordingly 
that  he  had  received  them ;  aiui 


that  he  had  received  them ;  and  tbsss  rsMfii 
being  in  the  packet  found  upon  Mrs.  MmMi 
how  came  they  there,  if  they  had  not  ban  4» 
livered  to  ber  by  Mr.  Lsyer?  Tiieiiifanithsu 


Ma.ion's  oiiatody, 
s;  nndsksalnis( 


receipts  bemg  in  this  packet,  plainly 
strate  that  tlMse  papers  are  Cfas  papers  sf  lir« 
Layer,  and  were  by  him  delivcrsd  ts  Itai 
Mason :  And  if  they  were  bis  pspsiSp  than 
papers,  and  what  is  contained  in  theili,  will  hi 
a  strong  evidence  against  Mr.  Laysr.  Nf^ 
withstonding  all  this,  wky%  Mr.  Laysr,  than 
were  never  my  papers ;  it  is  foigery  sr 
Whether  or  no  you  will  believe  these  | 

be  Mr.  Layer's,  when  it  appears  those ,^ 

were  found  amongst  them ;  iiesidss  thst,  hws ■ 
s  paper  soiongst  uiem,  that  the  witness  Ihift  k 
produced  by  Mr.  Layer,  one  that  was  Ua  cM^ 
swears thatlt  is  his  own  hand- writing ;  liow  SHH 
that  there,  if  this  be  not  the  bundle  snd  paehit 
of  Mr.  Layer  ?  And  on  this  they  Uin  Ikp .: 
strength  of  their  case. 

If  this  be  so,  consider,  first  here  it  s  Seheast ' 
whose   hand- writing  it  is,  hers^  hsth   ban' 
variety  of  evidence  as  to  that.     It  ia  inaislsd  SB  ^ 
by  the  king's  oouosd  thsttbe  ISehsais  istf  ^ 
lAr.  Layer's  hand-writing;  and  if  so,  tbiaisa 
stronger  evidence  against  Mr.  Layer*  than  IT" 
the  papers  had  been  only  found  in  hit  entlodr. 
How  stands  that  P  Here  ia  one  that  was  WR^ 
Lajrer's  master  formerly,  who  aaith,  he  vciil]^ 
believes  this  to  be  the  hand -writing  of  Mr« 
Layer;  if  tliat  he  so,  then  all  ia  well,  snd  ift 
ought  to  be  read,  not  only  as  a  paper  that  «n^ 
,  in  Ilia  poasessios,  but  aa  a  paper  tnat  was  i 
j  by  him :  But  they  diKpute,  snd  say,  it  is  not 
,  hand- writing;  they  ahk  this  witness  how  I 
I  it  is  since  the  prisoner  lived  with  bim  as 
'  derk ;   about  tburteen  or  fifteen   years 
aaya  the  witness:   A  man's  hand,  aay 
may  be  changed    in    that   time :    but 
the  witness,  I  verily  believe  it  to  be  his 
:  writing,  for  I  have  within  these  fi«e  yeais  w^ 
,  ceiyed  several  letters  frovi  him  about  bnahaMBM 
j  there  being  a  correspmidenee  between  biB»_^^ 
,  me,  I  being  his  agent  in  town,  and  these  U>*%^ 
are  of  the  aame  character  he  used  Ibnrttf**^  ^ 
fifteen  years  ago,  theretbre  1  beliefeitto  is^^  ^ 
'  hand -writing. 

>      But,   say  the   counsel    for  the   kiisgliC'v 
won't  only  prove  this  hy  these  gentUmg**  J  j 
the  prisoner  himself  liatli  cootieat  it  ^^^ 

hiiw  Btands  tliatP   He  contini,  when  fc^^*^ 
asked  at  the  council-taMs,  whst  he  \s:^^am^ 
arms  that  were  inovidetl  P  He  said,  he  ftK.^^^ 
To  which  when  it  wss  asijl,  h»^ 
tsmeutinnitinXhiBflshanMaf  : 


fof  High  Tnasm* 


\  Im,  it  ia  m  uufttftke,  I  Jliould  Ua%e 

iOMih,  t«Jir  lUifi  tcifelber,  oonsitler  \»ttb 
«i«  vf  UiU  Uie  i  I  np<^fi  (li*  il  U.  He  i^a  it  1  j , 
r  b  a^kftd  Alioiit  tb«te  amtf,  f  tbouid 
itt*  «ibtob  fthoutil  be  proviiied,'  W briber 
|b  tittl  ttncatii  to  a  c4itile88io{i  nf  tbb 
I  be  i«4l  %tf  your  eiiuside ration,  «i  « 
•fidkiice  of  wb»i  the  otber  wit- 
Bul^  sAJib  Mr.  Layer,  let  me 
In  firore  tJiat  it  m  not  my  btnd- 
Mb  a  gtntlem&o,  and  be  says  it 
tiritkig' ;  be  calls  bis  clerk,  41  nd 
it  ia  not  bin  maftler's  baud. 
ilufasea:  Tben  tbere  is  an  ad- 
t  oil  tlxe  olber  side,  and  tbat  is, 
oil.  Wbetbcr  it  amouiiU  to  a 
be  U'fl  to  your  cousideraliou ; 
Hcbenie  be  not  of  biii  own  iiand- 
»  it  iraa  aScbtine  wbicb  be  bad  in  his 
i  aJooe  bad  been  a  coni^iderable 
him.  How  cauie  be  by  ibis 
tliad  be  to  do  witb  it  ? 
t  bath  been  read  to  you,  which 
end  nsctbodji  to  be  |»ri}€e4;ded 
I  pbee,  tb*?  Tower  i«  to  be  seiz- 
i  to  oitfuut  the  guard  ibut  wouUI 
t,  and  at  nine  oVlock  at  olght 
fmdMm  the  Towi^r  :  then  they  are  to 
k^aiid  8ft  a  g^uurd  ibi'rr^  after 
t  IaImo  oul  tftoney  froui  I  hence  :  after 
ttUii  ^OM  of  ji^f  eial  oibef  i^tiardtt  tbat 
1  in  other  (>laci>Sr  and  then  a  o^rty  i« 
»  aeize  tlir  kiag  ;  iJien  be  Uflls  you, 
m  to  be  seaf  over  tbe  water  to 
hoena  tlie  {prince  ;  be  calls 
e,lMil  it  f§  jdaiii  be  lu  meant* 
thi«own  bund  i« lit iokf,  it  is  a 
I  tbat  be  wnjf  ill  ibts  tMmii|iiraev ; 
a  ^bt  ittc  of  ibitf  uature  in  bit 
I  will  be  ao  r«ideuee  ugaioal  him, 
I  ttol  write  it. 

iiMsr  eirery  body  i«  aol  lilifficd 

\  were  bii,  whicsi  in  ihcaehua* 

fcceifii  ^i^mud  by  tbe  Prolan4air 

i^fn  r  I  bat  wa«i  of  his  ekrit'a 

ill  i*mud;  itmiafreKt 

jM-e  of  Hru  Maaoii, 

I  ilia  btAtii)U^  tu  be  bis  papers. 
•  maUer^  frf  rtidtfute,  and  initit  be 

vtmitie  tiie  Ireojon- 
^  Um  liitii,  Ike. 

laoey  would  be 

F.  Layar,  I  told  dx  Witlniu 

I  llut  lliiffeare  ritceiiila  sigoad 

"  Mich  tbe  iiniOBer  aaid 

»'y  on  ilial  oocaaion. 

wiUi  me.  pailb  Mr. 

•  iidii  me  uH'<'i|»iM,  and 

-    rofouud  Hi  iUiit  bundle 

y  vBiye  tbvjr  iban;,  if  tiiey 

rn;  tlie  dealgB  Utt|^ 

V  are  la  angiftt  ^ 

fMdngt^  yoii  «<t  iii^  ttferai 


{»spert  srt)  found  in  tbe;^  bumi1e«  that  contain 
an  account  of  tbe  number  of  men  tbiit  were  ia 
such  a  troop  of  ^uardii,  the  0 umber  in  such  a 
troop  of  fiirenydivrs,  and  tells  you  what  tha 
numbers  were  ;  what  was  the  me^nln^  of  all 
this  ?    How  came  this  gtntieman  to  be  so  soJi* 


» tbe  number  of  guardi 

gel  a  true  si«t<;  of  thia 

luiow  who  were  I  be  per* 

•^^  ly  I0  be  corrupted,  and 

iuies  be  mig^bt  meet  Willi 


ciious  in  exiiii. 
and  oiBcers,  ' 
matter,  thai 
sons  thftt  wi  I 
what  a  outntkri  .^ 
on  litis  occaaioD  1' 

These  are  Fery  strong  circuioilatices  agaiml 
Mr.  Layer,  uoless  Mr.  Layer  can  ij^ive  any  ao 
count  why  be  kept  these  piipers  su  carefully. 

To  ^o  a  little  b«Ack,  as  tt*  tbe  business  of  illr. 
Lyndi ;  it  apf)ears  ht;  did  n<H  kuuw  Mr.  Lynch 
before  ibis  affair  was  set  on  foot ;  he  rode  out 
with  hi()>,  fifties  to  tbe  Gre€n  Man  with  bim^ 
IJiere  they  talked  over  ibis  affair^  there  he  pub* 
liirbes  that tmi(orou& decUtatioOf  Shd afteniarda 

IiresL'nted  Lynch  to  toy  lord  North  and  Grey, 
inw  came  they  no  iatimately  ac<|uainted  un- 
leaa  on  tliis  occsi^^ion  f 

Then,  (gentlemen,  I  bey  go  €0  and  tell  you, 
when  this  ^enlteiuaa  was  coromitted  info  the 
cuslodv  of  a  niesseuger  he  tti^tia  his  escspe, 
and  tills  we  look  uf«oa  as  an  eiideuce  of  guUt, 
iuti  a  conclusive  eeideoce ;  a  o»au  may  4;»cape 
though  he  Is  iBaaceut^  yet  it  is  an  evidence 
that  is  msterial  to  lie  \t(i  to  the  jury,  and  is  pro* 
per  for  their  cocmi deration  ;  he  is  putkued  and 
n-taken  ;  when  he  i!^  retaken  he  is  under  great 
ci»nftemali^io  ;  he  begs  for  the  Lord's  sake 
they  would  lei  him  go«  aad  ^aid  it  was  an  ar- 
rest ;  he  took  out  of  bis  pocket  a  i^reat  number 
of  guiueasi  aud  said,  they  »hotibl  ha%e  what 
number  they  plpa«ed,  if  Ihcy  wotilit  k*t  hhii  |<^  i 
this  ia  a  matefial  cireuaiatauce,  hihI  doth  shew 
that  this  urentlefnitt  waa  more  than  ordinary 
concerned  in  tliisaffsir. 

Vou  will  liy  these  llt'iogs  to^rether,  and  coo- 
■ider  bow  lar  ihe^^  satisfy  you»  that  this  geo> 
tletnaii  is  guilty  oithe  treason. 

Than  they  ffite  you  ua  account  t><>^v  h^  did 
csvfefls  belbre  the  lord n  of  thi*  <  ry 

lynvf  thai  lialli  lieen  sworn  by  iIm  ls: 

that  he  weiit  to  the  Green  Mim  ui  your  coun* 
ty,  and  there  cunsultt'il  ami  u^ret  d  10  Ciirrv  on 
tnis  affair  ;  that  he  did  Uike  out  and  resd  the 
declaration  j  ihi^  i?^  a  uirong  ev  id  nice,  eni^e- 
clully  ifcoiiipartd  wi:h  what  he  confesbpj,  ihsi 
be  tiad  two  rimferenres  with  lb**  Freirnder  at 
Home,  was  kiiidty  it  crimed  by  huMi  aud  bad 
particular  aruirks  of  liis  tiiraur :  be  is  desired  Lo 
stand  ^od  lalher,  and  bis  wile  to  stand  i(od> 
roollier  to  bis  cliibl  ;    and  at'cordin^ly  they 


i 


4 


stood  ;    he  di^Mjresi  iuy 
•land  isiimay  furthf 
obesiiifOriliimdi<'>    r 
spouat }  aiMl  ttiev 
in|f  cuf  fuH  t4iiM. 
tb 


to 

'III* 

..  i..^  , ^r'f 

vine  at  the  cbrisleft- 

the  en  I  c  11 1 II  iftt  A 11  cea 

I  be 

:    -  -      1  lis 


said  on  the  be  bull  iil  kkr  (irt»uii«r.LbsL^Mf  »ta(»ls 
at  the  bar  U|»ori  his  hte  nud  deaih|  which  will 
depeud  upAO  y#ur  t erdio. 


S90J 


9  GEORGE  I. 


1  think  you  oup^hl  to  cmsiidir  of  that,  and 
that  1  lio[>e  will  iniluc«  you  to  coosiiJer  »uii 
^I'djfb  wirll  the  t:vi<ketice,  and  not  to  tied  the 
prkutier  Guiltv«  itotess  you  are  satisfied  he  is  so. 

It  i^  true,  (icre  i»  the  life  of  a  tuan  iti  the 
Cftse;  but  tt  un  vou  must  consider  hkewise  the 
misery  auil  litfsnlutionithe  btooii  and  cotitiitiian) 
that  uiutit  have  happened  it'  this  hail  taken  ef- 
fect, and  put  one  utr^iiist  the  other  ;  and  [  be- 
lieve thai  consideriitiun,  m  hich  is  on  the  behatf 
of  the  kin(j,  will  be  much  the  strong^est. 

These  tilings  are  proper  to  be  considered,  in 
©rder  to  prepare  you  lo  be  careful  iu  ejiamiuiu^ 
and  weighing  the  evidence  well  ;  hut  in  ^ivirii; 
your  verdict  I  hope  you  will  lay  ibeoa  all  aside ; 
you  will  coasider  the  weight  or  the  evidence  on 
either  side,  and  the  credit  of  the  two  wllnessf  !i, 
and  how  fiLr'ihey  tre  supported  by  a  writins^ 
uuder  his  own  hand,  a  contessioo  at  the  couo* 
eil'tiible;  consider  hotv  tkr  that  will  support 
their  evidence,  though  not  men  of  the  dearest 
reputation. 

A  cypher  balh  been  taken  Dotice  of,  by 
H'hich  were  explained  several  nainea  that  suen 
and  such  persons  and  thiugfs  ^vere  to  he  called 
by  ;  there  was  the  uaoie  of  Atkins,  ubicb  wut 
to  signify  the  Pretender ;  there  was  another 
natue  for  the  Pret4.>tider,  aud  that  was8L  John  ; 
and  oonformable  to  these  names  they  have 
read  several  letters,  by  which  it  appears  th;tt  a 
treasonable  corres(fondeuce  was  cuirrieil  on  hy 
]llr«  Layer.  This  is  the  circumstance  of  the 
evidence  that  hath  been  laid  before  you.  Cou- 
mder  this  evidence,  and  the  objections  ih at  havf: 
been  made  to  it^  and  how  far  those  objections 
have  been  answered. 

Discharge  tiie  part  of  boneat  men^  consider 
mnd  weigh  well  the  evidence. 

Upon  the  whole  matter ,  if  you  do  heUeve 
hat  there  was  an  overt  act  of  treason  in  the 
county  of  Essex,  and  that  it  was  proved  by  Mr. 
Lynch,  and  confiruied  by  tlie  confession  of  Mr. 
Layer ;  and  if  there  be  any  overt  act  in  ano- 
ther county,  as  his  listing  or  employing^  any  to 
list  or  engage  men  in  the  service  of  the  l^re- 
t«nd*rr»  then  you  nill  6ad  the  prisoner  Guilty.* 

If  you  are  not  satis5ed  these  things  are  true, 
h«n  youll  acquit  him. 

The  Jury  withdrew  for  about  half  an  hour, 

►  consider  of  their  verdict,  and  when  they  rc- 

Eturncd   into  court,    were  called   over    by  the 

'^lerk  of  the  Crown,  and  answered  to  their 

riMmes. 

CL  of  the  Cr,  Gentlemen  of  the  jury,  are 
nu  agreed  on  your  verdict  ? — Jury.  Yes. 

CL  of  the  Cr.  Who  shall  say  for  you  ? 

Jury.  Our  foreman. 

CL  of  the  Cr,  Christopher  Layer^  hold  up 
roiir  hand,     (Which  he  did.)     You  of  the  jury 

ok  upon  the  prisoner.  How  say  you  ?  Is 
kChristopher  Layer  Guilty  of  high  treason 
l%vhereof  he  stands  indicted,  or  Not  Guilty  ? 

Jury.   Guilty* 

CL  cf  the  Cr,    What  goods   and  chattels, 

*  See  the  note  io  p.  292, 


yial  of  ChriUtfher  Lfif/tff  ([3 

lands  and  tenements  had  he  at  the  time  of  tH 
said  high  treason  eommittcd,  or  at  any 
since,  to  your  knowledge  ? — Jury,  None. 

CL  of  the  Cr,     Hearken  to  your  verdtcl,as 
iiie  Court  bus  recorde<l  it.    Vou  nmy  tbatChrts* 
topher  Layer  is  Guilty  of  the  bigb 
VI  hereof  he  stands  indicted;    and  yoit 
had  m*  iir^ods  nor  chattels^  lands  nor  1 
at  the  time  of  the  said  high  treason  oi>n 
or  at  «ftny  time  since,  to  your  knowte 
so  you  say  all. 

Mt.  Grn.   We  pray  a  rule  may  be  made  la 
brintr  up  (he  prisoner  to  receive  senteuc 

J ust.  Eyre,  He  must  have  lour  daya I 
in  arrest  uf  judgfrncnt.     Lift  there  be  a 
bring  him  again  ujion  Thursday  next. 

Then  the  Prisoner  was  remanded  back  lo  t 

Tower. 

November  27,  1722. 

Christopher  I^ayer,  esq.  was  brought  lo  I 
bar  olthe  Court  of  Iking's-bencl]^  in  order  4 
receive  sentence,  ^ 

Att,  Gen,     My  lord,  the  prisoner  at  ibel 
stands  convicted  of  high  tiea)§on  ;    1  prai 
lordship's  judgment  against  him  for  the  I 

CL  of  the  Cr.    Christopher  Layer,  boldl 
ihy  hand.     (Which  he  did.)    Thou  hasi  I 
iniUcted  for  high  treason,  fur  compassing 
imagining  the  death  of  the  kiog^  and  thereti|i 
been  arraigned  ;    and  tltercumo  hast  pie 
Not  Guilty,  and  for  ihy  trial  put  thyself  up 
God  and  thy  country,  which  country  halb  f 
ihee  Guilty ;    what  can'st  thou  now  say 
thyself  H  hy  the  Court  should  not  give  jik 
ment  uf  death  a|^ainst  ihee  according  to  law  I 

Mr.  Hungcrford.    Is  it  your  lordship'a  | ' 
sure  to  give  any  directjims  touching  the  i 
of  the  pruioner^s  being  iu  irons?    1  hope  ya 
lordjihip  will  order  them  to  be  taken  oiF,  at  )e 
during  his  attendance  here. 

L.*C*  J,    I  don*t  know,  there  is  none  of  I 
cases  that  have  been,  wliich  go  further  ibi 
during  the  time  of  his  trial ;  his  trial  is  over^j 
he  hath  any  thing  to  offer  to  the  Court, 
thinks  he  may  not  be  able  to  do  it  so  well  ir 
he  is  under  these  irons,  1  would  recommend 
to  Mr.  Attorney,  not  to  make  a  precedtsot  of  | 
that  bt^  irons  may  be  taken  off. 

PriMoner,  Ye-s,  my  lord,  I  have  a  great  d« 
to  say,  which  1  shall  offer  in  arrest  of  ju  ' 
ment. 

ftlr.  Hungerford,  He  bath  complained  j 
he  hath  lieeii  here,  that  he  is  in  great  (laiiiy  i 
the  position  be  aiands  with  his  irons. 

X.  C>  J.  C/Ome,  brother  Pengelly,  have  l 
any  thiug   to  object  against  his  irona 
taken  off, or  do  you  consent  lo  it  P 

Serj,  Pengelly,  My  lord,  we  dooU  oppose  I 

Then  the  irons  were  taktn  off. 

Serj.  Pengelly,     My  lord,  the  prisoner  ( 
the  bar,  Mr.  Laypr,  after  a  long  and  a  fair  in" 
hflth  been  found  guilty  of  high  treason ; 
on  bfhalf  of  the  king,  we  pray  the  judgn 
of  I  he  Court  against  the  prisoner. 

Mr.  Hungerfbrd*  By  your  lordahip^s  odnl* 


fir  High  Treason* 

imce^  1  am  counsel  for  the  prisoner  at  the 
bir ;  J  lia?e,  and  1  hope  Khali  cuuiinue  to  do 
Aral  what  aert ic«  I  can  :  the  prisoner^^  h^e  ih 
itifidCie^  and  1  hope  1  shall  not  he  supposed  lo 
W  Inaolileiome^  if  I  desire  a  record  to  be  read, 
wliieb  hatli  not  beeD  yet  read  tn  court ;  it  is 
teVftiire,  aod  that  beinfi^  part  of  the  record, 
J  are  pruper  tn  hare  it  read.* 
FtngtUif,  We  appreheod  it  is  such  a 
•a  baa  i>ever  been  made :  if  they  have 
tons  to  any  part  of  the  proceedings, 
itioas  to  take,  they  are  at  hberty  to 
and  to  state  their  objections,  that 
'ArGbsrV  if  necessary,  may  refer  lo  the  re- 
Mf^  Id  see  whether  they  are  just  or  no  ;  but 
la  caoie  axid  desire  the  process  to  be  laid  before 
ibi  Court  for  the  intbrmatioo  of  the  prisoner 
md  bk  iroonael,  it  never  hath  been  done:  they 
tit  fittitl«(l  now  to  ofi'er  aoy  thingi  if  they  can, 
to  arrrst  of  judgment. 

Ait.  Gen.  Jf  what  they  desire  should  be 
mtWA^  it  would  be  a  precedent  which  mt$;ht 
It  aC  very  ill  consec^uence,  and  I  apprehend 
"  I  bey  desire,  is  directly  contrary  to  law  ; 
are  no  authorities  that  the  prisoner  should 
iMive  copies  of  the  process,  or  that  the 
ft^outd  be  read  to  nim^  only  to  enable 
to  ftad  a  liiult.  I  behe>e  no  ia stance  can 
Wftrcfi  wlijiiiioever,  that  it  was  e?er  allowed 
im  a  ca^e  of  this  n^iture ;  if  it  be  done  now,  nt 
be  a  precedent  for  the  future.  The  act  of 
went  as  far  tn  wns  thought  proper, 
Ci|ps«cf  tlieindicttDent  and  copies  of  the  names 
w  lilt  jury  are  directed  to  he  delivered  to  the 
;  hm  as  to  any  of  the  process,  the  act 
DO  «tirection,  and  therefore  as  what  they 
It  neithrr  founded  on  law,  nor  precedent, 
«#  ll«pe  ft  nhall  not  be  granted. 

SpL  Gen.  My  lord,  Mr.  Ilungerford  has 
Wan  flYoaed,  in  the  course  of  this  case,  fre* 
Mefitly  to  put  us  in  nitnd,  as  he  does  now, 
Mt  wTiat  he  has  insisted  on  was  iit  favour  of 
1th.  Tbat  is  a  movinfr  arjgfunient ;  but  it  proves 
Botbiog,  save  that  the  prisoner  ou^ht  to  have 
ilf  Itie  indulgence  which  the  law  and  (he  set- 
ihi  fomiH  of  proceeilin;;  do  allow  ;  hut  I  ap* 
il  ia  ft  reason  for  no  more.  What  is 
I  of  more  constqtience  than  appears  in 
ular  caae ;  and  whatsoever  your  lord- 
A^tloUi  now,  will  be  made  a  precedent  for  the 

^  brd,  before  the  act  of  partiament,  which 
'  tbe  prisoner  co  have  a  copy  nf  his  in- 
and  of  the  pannel  of  the  jury,  it 
certain,  he  wfui  not  entitled  to  bare 
iBi  copies.  Before  that  law  was  made,  he 
M  informed  of  nothinj<  hut  by  having:  *^«  >"- 
lktnK*nt  read  to  him  in  court  upon  his  arraign- 
lieai,  and  that  not  barely  to  give  him  an  op- 
forlunity  of  tttkin^  exceptions  to  it,  hut  fr'im 
tbc  iicic«a»i(y  of  the  thiiij?,  Iiecause  it  wa**  the 
itoiTfi  tn  which  he  was  in  answer.  Then 
tnmm  the  act  of  pnrliainenl,  the  7th  year  of 
liqi^  WiUiam*  and  allows  the  prisoner  a  copy 
af  bia  iodictiueut,  and  of  the  paniiel  of  hi^^jury. 


A.  a  im. 


[30f 


r  £a9l'aFL  of  tbe  Croiruj  c.  «,  §  50. 


But  the  legislature,  when  they  had  these  mat- 
ters under  their  consideration,  and  >eem  to  hafe 
intended  to  g^ve  at  least  all  the  indulgence, 
consistent  with  reason »  lo  prisoners  in  cases  of 
hi^h- treason,  even  at  that  time  they  went  no 
further,  and  did  not  think  fit  to  direct  that  ti> 
be  done^  which  is  now  desired  on  the  behalf  nf 
this  gentleman.  Therefore  this  molion  of  Mr, 
Hung^erford^s  must  be  understood  to  he  made 
at  comniOD  law  ;  but  I  must  beg  leave  to  rely 
upon  it,  until  some  precedent  is  produced  on 
the  other  side,  that  there  is  no  instance  what- 
soever, either  before  or  since  the  act  o(  parlia- 
ment, wherein  any  record  of  tbe  proceedinga 
hath  been  read  to  the  prisoner  besides  the  in- 
dictment. This  is  a  consjideraiion  merely  of 
practice  and  regularity  ;  and  in  a  poiut  ot  thai 
kind,  where  there  is  no  prece<ieot^  1  hope  yoiir 
Jord^hlp  will  not  make  one. 

Serj.  Cheshire,  My  lord,  the  carria^  and 
behaviour  of  the  kioj>*^  coimsel  towards  the  pri- 
soner hath  been  so  fair  and  candid,  that  it  de« 
serves  thanks  from  him,  rather  than  complaint ; 
and  1  believe  this  temper  will  hold  on  to  the 
lafit:  but,  my  lord,  v^e  have  no  authority  to 
give  up  the  right  of  the  crown,  or  to  fix  that 
on  the  crown,  to  grant  which  the  prisoner  hatti 
no  right  to  demand. 

My  lord,  it  roust  be  admitted,  that  this  is  a 
demand  made  at  common  taw  ;  and  if  it  be  a 
demand  of  right,  I  don't  know  but  it  may  go 
to  every  thing  in  an  equal  degree ;  that  he  hath 
the  same  right  to  demand  a  sight  of  the  Com* 
mission.  Certiorari,  lScc.  f  don't  know  but  ha 
hath  the  same  right  to  enquire  into  every  step 
that  is  upon  record  in  this  case.  The  officera 
concerned,  I  dure  sav,  have  doue  their  duty* 
There  is  nothing  ot  law,  but  what  cornea  la 
upon  the  statute  of  king  William  j  that  he  hath 
had  the  heneht  of  to  the  full  extent  of  it ;  he 
hath  had  a  copy  of  the  pannel  of  the  jury  j  he 
halli  had  a  copy  of  the  mdictment,  and  in  such 
time  as  was  proper  for  him  to  make  due  use  of 
il;  and  this  they  ask  now,  we^appreheml,  if 
only  to  lengthen  out  lime,  and  to  introduce  that 
which  may  be  greatly  inconvenient.  We  have 
very  titlle  reason  of  apprehending  that  it  can 
be  of  any  protil  to  him  ;  but  for  example  sake, 
and  asi  he  hath  no  right  to  it,  we  cannot  come 
into  a  consent  to  it.  Therefore  we  sub  mil  it 
to  your  lardi»hip^s  consideration,  from  the  in* 
convenience  that  may  ensue  from  the  prece- 
dent, whethiT  the  prisoner  hath  any  right  la 
make  this  demand  ? 

Mr.  Hunger  ford.  I  acknowledge  that  be- 
fore the  7  th  ofkiog  William,  the  prisoner  wa» 
not  entitled  to  have  a  copy  of  his  indictment, 
and  therefore  I  so  far  concur  with  the  gentle- 
men of  the  other  side,  that  we  are  not  tnlitkii 
to  a  copy  of  the  rcconl  of  the  Venire  Facias. 
But  what  I  humbly  pray  now,  is,  what  1  ap- 
prehend we  were  entitled  to  Jiefore  the  act  of 
parUament  for  regulating  trials  ui  cases  of  high 
treasotj.  The  in*(tances  are  several,  where  iti 
the  ciMirseof  a  iriat  for  hijfh-ireason  before  lliat 
act,  which  gave  the  prisoner  several  new  ud- 
raiitages,  the  prlsi^tier  bavVi  <k^4t^  V\vk  'vcv^v&v 


903]  ^    9  GEORGE  I. 

iDcnt  to  be  md,  and  the  Coort  Deror  denied 
h;  to  have  any  other  part  of  the  record  to 
be  read,  Mems  to  be  as  reasonable  at  the 
indictmeift.  The  objection  had  been  8tron(per, 
if  we  had  desired  for  the  prieimer  at  the  bar 
the  copy  of  the  Venire ;  tlieie  we  thould  ha?e 
been  jiMly  toM,  ibat  we  h%il  been  entitled 
to  uothinK^'  but  what  the  act  of  parliament  bad 
directeil,  f  iz.  the  onpy  of  the  inoictment.  We 
pmyacupy  of  nothing',  but  only  pmy  that  a 
am<ill  |Min  of  the  record  that  makes  up  the 
wlidle  reciird  of  this  ireutleman's  conviction, 
miiy  be  read.  And  this,  with  subnisoiun,  wt 
hope  we  are  entitled  to  have  for  the  same 
reaiMin  as  the  indictment  was  read  before  the 
act.  (?oionel  Siilney  desired  th^t  his  indict- 
ment should  be  reailj  and  it  was  so.  And  can 
any  reason  be  assigned,  why  the  Venire,  which 
is  but  a  part  of  the  record,  should  not  be  read 
as  well  as  the  indictment?  No  one  part  of  the 
record  of  conviction  is  more  sacred  than  the 
other ;  and  why  therefore  should  not  one  part 
be  read  as  well  as  the  other  ? 

Serj.  Fengelly.  Can  yon  shew  any  case 
where  the  indictment  was  read  upon  the  prayer 
of  the  prisoner,  after  conviction,  and  before 
aome  exception  taken  V 

JL.  C.  J.  We  would  be  far  from  refusing  any 
indulgence  to  the  prisoner  that  by  law  we  are 
warranted  to  grant  him ;  what  you  ask  now, 
you  must  own  is  without  any  precedent  what- 
soever. You  know,  that  berore  the  act  of  par- 
liament, yon  were  not  entitled  to,  nor  could 
demand  a  copy  of  the  indictment :  It  ■  very 
true  what  yon  say  before  the  art  of  parIia-> 
ment ;  when  it  bath  been  desired  by  the  pri- 
soner the  indictment  hath  been  read,  and  that 
method  of  proceedinsjf  having  been  allowed, 
gave  him  a  right  to  demand  it;  but  yon  can- 
not produce  any  one  instance  that  ever  he  de- 
manded this  that  now  you  offer ;  that  ever  he 
demanded  the  Venire  should  be  produced  and 
lead  to  him. 

Consider  how  strict  the  law  was  in  cases  of 
bieh-treaoon;  tee  the  Act  of  Kights:  The 
course  of  the  Court  is  the  law ;  this  whidi  yon 
now  desire  was  never  so  much  as  asked  for, 
nor  did  this  Court  ever  grant  it ;  and  if  so,  bow 
can  the  Court  be  warranted  to  grant  that  which 
was  never  granted,  nor  was  ever  desired  to  be 
granted  ?  The  reason  of  it  is,  that  every  body 
was  satisfied  by  law  it  could  not  be  granted. 

You  have  instanced  in  cases  of  great  per- 
sons, colonel  Sidney,  lord  llussel,  and  otners 
tfast  have  been  attainted  of  high -treason,  who 
could  not  want  atlvice  to  desire  any  thing  that 
was  proper,  or  that  they  had  a  rigiii  to  demand. 
Neither  they  nor  any  of  the  greatest  quality 
that  have  had  tlie  misfortune  of  bein^  tried  for 
an  offence  of  this  nature,  ever  demanded  it; 
which  is  an  admisMon  that  they  \rere  not  en- 
titled to  it;  and  if  tlie  oiurseof  the  Court  be 
so,  we  roust  not  estabUsb  a  new  course ;  we 
oan't  see  what  the  consequences  may  be. 

Just.  Eyre.  The  case  of  rea«liug  the  indict- 
ment  to  a  prisoner  ia  certainly  very  dafferent, 
•Bd  GtD  ba  M  aullMri^  to  nfiMit  uw  rpadiaf 


Trial  afChriskpher  Layer^ 


[301 


of  the  Venire ;  for  the  indictment  is  tho  charge 
to  which  the  prisoner  is  obliged  to  plead,  and 
he  must  know  bischaige  before  he  can  giw 
it  an  answer :  Deeides,  the  merit  and  joatiee  of 
the  case  depend  entirely  upon  the  indMlmeBl« 
which  must  be  read,  in  order  to  andentand  Ito 
true  state  of  the  question,  and  to  see  the  Act  W 
which  the  witnesses  are  to  be  examined,  h  ia 
therefore  absolutely  necesaaryy  that  tbc  indin- 
ment  should  be  resd ;  but  none  of  thean  ffia>* 
sons  will  serve  for  resding  the  Venire,  wMcb  ia 
only  to  summon  the  jury,  and  bring  tbeastatiM 
bar :  and  therefore  as  it  was  never  done,  no# 


ever  asked  before,  I  can  by  nfv  me 
fit  for  us  to  albw  it  now. 

Just.  Powyt,  1  think  it  is  a  perfect 
wliat  you  demand,  snd  not  only  so,  bvl  in  iiv 
consequences  very  dangerous :  For,  properly 
speaking,  the  common  iuage  to  move  in  armt 
of  judgment  hath  been  out  of  the  indictment} 
but  to  run  back  to  those  things,  which  if  yon 
had  a  right  to  demand,  it  had  been  proper  M 
have  done  it  befor^;  and  since  yon  have  aiinf 
times  known  tliat  nothing  but  the  indicHMI 
hath  been  read,  since  the  jndffes  were  nWit 
moved,  nor  any  thing  of  this  kind  dCML  an! 
nothing  in  the  worlil  hath  been  demaiMM  Iftt 
it:  if  It  should  be  granted  at  this  time, 
men  are  to  receive  judgment,  and  exee 
are  to  be  takfn  to  the  indictment,  if  they  i 
run  back  to  all  the  proceedings,  it  wonid  bn  ft 
thing  of  strange  consequence.  But  bcniit 
that,  it  is  a  ihmg  yon  have  no  csamule  fbr^H 
hath  been  never  done  ;  and  it  hath  been  MM 


served,  that  nothing  hut  the  copy  of  the  n 
ment  hstb  been  read  before  this  act  of  pvHaf' 
ment  of  king  William.  Now  there  are  tw# 
thui^  given  by  this  act  of  pariiameot  of  king 
William ;  tbe  prisoner  is  to  have  the  copy  di - 
his  indictment  five  days ;  tbe  copy  of  the  panJ 
nel  of  the  jury  two  ibys  before  bis  trial ;  anff 
these  were  proposed  as  advantages  wliioli  Ihft 
common  law  did  not  admit :  Shall  we  come  Id 
unravel  all  the  matters  preceding  ?  It  wonii 
be  a  matter  of  strange  consequence,  and  wbtf 
we  can't  do  or  warrant  by  law  :  If  yon  haft 
any  thing  to  move  out  of  tbe  indictment,  wn 
are  ready  to  bear  it. 

Just.  ¥artcscu€  Aland,    This  is  perfced^  , 
new,  or  else  in  favour  of  life  1  sbonM  be  ready 
to  grant  it :   The  true  reason  of  having  the  in*'  '-^ 
dictment  read  is,  that  the  prisoner  may  know 
what  his  charge  is,  in  onler  to  make  his  DKa*    * 
fence  at  his  trial ;  but  that  reason  holds  net  ia    -' 
this  case,  which  is  after  convictk>n  ;  and  what  ^^ 
is  asked  now  is  not  relatiTe  to  bis  charge,  ^  .^ 
concerns  the  acts  of  the   Court  only.      Tbt  7! 
Court  will  assist  in  matters  of  law,  when  thOT   '^ 
appear,  but  will  never  assist  the  prisoner  wA 
facts,  in  order  to  make  nointa  of  law;  ani 
thereifore  it  has  been  denied  the  prisoner  to  tahi    ' 
minutes  even  of  the  indictment ;  and  for  tki 
same  reason  counsel  has  ever  been  denied,  ift 
all  capital  cases,  before  ilie  late  act  of  paiw 
ment,  unless  a  disputable  point  of  law  did  mm 
and  appear. 
•   Ynu  nnro  thb  mntler  as  a  mtlim  f(K^i 


Ifrisontr 


Jor  High  Treason. 

r;  mtid  as  siicti  It  will  extend  to  &H 
I  of  mart]t;r,  and  other  ca|iitsl  coses, 
I  ttftjf  be  <*f  ^ery  txl\  consequt^ncc*.     It 
I  httmry  •trance  to  have  all  ibe  proceed- 
■  iotnctmeiits  read  to  the  prisuner ;  and 
I  m  m*  nmch  reason  to  caU  for  all  as  for 
iVrfiirt:  Facius:  I  take  it  clearly  there  never 
m  m  ciase^i  n^berfi  the  acts  and  jirocecflinga  of 
B  Oo«irt  hate  beeo  called  for  in  be  read  to  the 
t«  aQtl  for  no  other  purpo^se  but  to  make 
It  19  a  thing  U)nt  is  entirdy  uew^ 
[{urQcey  ttmy  be  i«ry  fatal,  and  there- 
■r  I  Ihmk  it  an  unreasooable  molioD^  aad 
Mfk  D«t  to  be  granted. 

JJ/  ford,     I  assure  your  lordship  I 

iy  ii<  uf  of  an  affectation  of  novelty, 

m/Ukft  hU'aW  i  persist  iu  urging  il  forlher,  since 
the  Court  hath  given  their  opiniou  ;  but  I 
tfiBii^til  (he  reason  of  the  thing,  iu  reading  the 
Mcaoetit  before  the  act  of  parliament,  was 
«ci  ifit' ;  l>ut  since  it  iii  your  lordship's  opinion 
iliiU  i*  otherwise,  1  desire  your  lordship  to 
^  leave  to  go  on* 
€r,  1  lie^f  leave  to  say  hut  a  short  word 
V'  **  '  'taction  that  hath  been  made 
I  If  I  takeihelhing:rif^hl, 

pQimt  lliv^  i  ^....  c  may  be  read,  to  see  if  it  is 
pni{crlY  issued «  and  1  hope  ihus  fsr  it  ^hnll  be 
gvioleo,  to  shew  a  reason  i^  by  this  Venire  is 
ftlsrpeil  otk  one  dAy,  auil  the  jnry  appear  on 
iftotber;  and  it  duth  np]iear  that  there  m  an 
WTTor  ID  the  proceedings  on  the  foot  of  the  Ve- 
I  hiititMv  hope  I  shall  ha^^e  the  beuefit  of 
iron,  1  take  it,  intist  be  ihis  ;  the 
It,  19  returnable  the  I'Jth  of  the 
of  >o¥Lmbcr,  1  wan  not  tried  till  the 
therefore,  what  I  humbly  ofler  is,  whe- 
tficr  vr  no  I  »fter  the  return  of  the  writ,  this  is  a 
]  ooof  euiojcr  of  the  jury  together  to  try  me 
I  IT-  *  ■■  ^  '^  there  was  no  such  writ  in  bein^", 
when  the  proceedings  against 
'»r'*|^  where  the  returns  in  the 
IS  in  the  Common  Pleas; 
J  f.iy  counsel  to  say  the  rest, 
hope,  that  I  shall  have  leave  to 
he  Venire,  and  if  it  come  out  so,  I 
I  h  in  erroaeotis,  and  that  judgmeDt  shall  be 
4ed. 

Ir*  Hungfrford,  The  geotleroaD  hath  given 
ce  to  some  of  roy  thoufjhts  ;  ami  not  by 
aringf  of  notes,  for  !  have  not  seen  his 
,  DL»r  lirard  frora  him  since  1  saw  him  here 
mt.  s  trial. 

1u.  occurs  to  me  on  this  occasion, 

lal  1  CUT)  but  ^uess  at  some  part  of  the  fact,  is, 
JIbkrii,  that  the  Venire  bear*  teste  the  last 
[  4^  of  October,  aad  is  returned  the  19th  of 
KMiinbcr^  they  are  slated  return  days  of  the 
W  (  aed,  my  lord,  if  a  man  appears  in  a  cbort 
sf/iisttce  im<i  day,  and  he  is  not  by  the  coarse 
of  prttcced«ng  iiuUil're<l  wttti  a  further  day  of 
app^Kn^j  there  Is  a  discontinuance  of  the  pro- 
ften,  ftod  the  man  is  out  of  court.  The  dtille^ 
mitikys  the  law  takes  notice  of  for  this  pur- 
—  '**?soig'n  day,  the  day  of  exceptions, 
arapce,  the  '  quarto  die  pmt ;' 


A.  D.  IY22,  [308 

I  take  the '  quarto  die  post'  to  be  an  itsdutirence 
which  a  conn  of  justice  >five«  tn  a  suitor  to  ap* 
pear  at  a  further  day,  w  hen  he  oug;ht  to  have 
appeared  at  a  former  day  ;  and  this  is  the  priu> 
tice  in  real  actions  in  the  Court  uf  Comiuoa 
Pleas.  As  to  I  he  exieption  day,  the  uie  ^ 
that  is,  that  a  man  that  is  summoned  may  ob* 
ject  to  the  summons,  as  not  being  a  tit  and  re> 
gular  sumrnoos  to  draw  htm  in  contempt. 

But,  my  lord,  in  cases  of  juries,  who  are  not 
suitors  in  court,  1  take  the  law  and  the  practice 
to  be,  that  they  are  ohlig-ed  to  attend  upon  thd 
process  of  the  Court ;  1  take  it,  they  must  do 
duty  on  the  return  of  the  Venire,  %vhich  iu  this 
ease,  is  on  Mondav  the  19th  of  Noveoiht+r,  aud 
did  not  ap^iear  till  Weduesdo)'  the  *2l!it  ;  so 
that  if  they  were  to  appear  on  Monday  the 
19th  of  November,  and  did  not  apjiear  then^ 
there  must  appear  some  act  of  the  Court,  by 
which  they  are  iodult^ed  to  a  further  day  :  and 
I  put  it  upon  Mr.  Harcourt  to  shew,  whether 
there  is  any  indulgence  of  the  Court  entered 
upon  record  for  the  continuing  of  the  jury  tilt 
Wednesday  following,  and  if  there  is  uoi,  ihere 
is  then  a  discontinuance  of  their  being  in  this 
court,  and  consequently  the  proceedings  are 
irreiTuIar,  and  the  trial  a  niis-trial:  I  shall 
quote  rmme  authorities  vvliich  ju^tify  this  oh- 
servation  ;  when  a  man  by  a  process  of  court 
appears  on  the  day  of  the  return  of  that  pro- 
cess,  unless  there  be  a  cfintinunnce  of  that  pro* 
cess,  that  *  ulterior  dies  datus  est'  to  the  party, 
or  a  subsequent  process  issues  that  day,  the 
law  deems  that  chasm  in  the  proceedings  to  be 
a  diKConti nuance,  and  that  the  parly  is  out  of 
court.  It  was  so  resolved  in  Yelvcrton,  204; 
and  ^d  Coke,  284*  It  is  the  case  of  Bradley 
and  Banks ;  aud  f eported  in  both  hooks,  btil 
most  fully  in  Yelvertou.  There  IH  an  autho* 
rity  which  weighs  witfi  me  sororthing  more, 
nod  seems  to  be  a  case  in  point ;  ft  is  the  case 
of  Pejdow  and  llowley,  t\\  of  Croke,  36T,  and 
there  the  case  is  on  a  Writ  of  Error  brought 
upon  proceedings  in  the  court  of  Shrews- 
bury, where  the  usage  was,  to  hold  plea  m 
some  real  actions,  and  there  was  an  entry  that 
the  parties  did  not  appear  on  a  precctlitig  day, 
but  made  default:  And  the  entry  was*  habuit 
'  diem  per  default*'  given  to  the  party  by  tho 
C*ourt,  *  secundum  consuetudinera  villro  proj- 
•  dicta?,'  This  came  before  this  court  by  n 
Writ  of  Error,  and  it  was  adj«d<re<l^  that  lioth 
the  entry  and  the  custom  were  naught.  The 
reason  assigned  why  the  entry  was  so,  is,  lor  that 
the  party  having  made  default  was  out  of  court, 
and  the  Court  could  upon  that  process  give  htm 
no  new  day  to  appear.  And  the  reason  why 
the  cuitom  itself  is  uaut:^ht,  is,  for  XhH  therQ 
can  be  no  custom  to  help  that  (which  the  hook 
calls)  a  discontinuance  at  common  hw  ;  ior  if 
the  man  be  out  of  court,  he  can't  he  brought  in 
til  ere  again  by  the  same  writ. 

My  lord,  if  that  be  the  case  then,  that  th« 
jury  were  to  appear  on  the  19ih,  and  there  is 
no  entry  to  couiiuue  them  till  Wednesday  the 
31*t,  then  by  the  authority  of  lUci^  lia&e^  vW^ 
had  no  call  mx  rigUv  to  a^yt^ ,  W\  vttst.  ^^V  %t 


307]  9  GEORGE  L 

court,  the  trial  was  no  legal  trial,  and  conse- 
quently no  trial  at  all. 

I  am  told,  that  the  practice  of  all  trials  at 
bar  is,  that  the  Jury  do  appear  here  on  the  re- 
turn of  the  Venire,  and  immediately  proceed  to 
do  business ;  whv  should  it  not  lie  so  too  in  a 
criminal  case,  as  this  is  P  I  think  the  reason 
in  both  cases  is  the  same:  1  humbly  hope 
therefore,  my  lord,  that  if  the  fact  be  as  I  ha?e 
represented,  that  there  is  no  entry  to  continue 
ofer  the  attendance  of  the  jury  from  Monday 
to  Wednesday,  there  is  a  blemish  in  this  pro- 
ceeding; and  you  can't  proceed  to  judgment 
•gainst  the  prisoner  at  the  bar. 

Air.  KeUlbey.  If  your  lordship  will  favour 
mc 

£.  C.  /.  You  shall  be  fully  beard ;  but  be- 
cause BIr.  llungerford  hath  appealed  to  Mr. 
Harcoort,  I  shall  ask  Mr.  Ilurcourt  this  ques- 
tion about  the  matter  of  the  Venire. 

Mr.  Harcourt.  1  shall  be  very  tender  in  this 
matter,  where  the  life  of  the  prisoner  is  at 
stake,  as  BIr.  HunQrerford  has  observed,  and 
will  not  say  any  tliioj?  but  what  I  am  sure  is 
the  course  of  the  Court.  If  a  Venire  be  re- 
turnable the  first  general  return  of  the  term, 
the  appearance-day  uf  tlie  jury  is  the  *  quarto 

*  die  post,'  which  is  the  first  day  of  the  term. 
If  the  Court  be  not  pleased  to  try  the  prisoner 
then,  they  may  adjourn  the  jury  over  to  any 
day  before  the  ne^t  return  in  the  term ;  but  no 
entry  is  ever  made  on  record  of  such  adjourn- 
ment, and  the  proceedings  arc  always  entered 
on  record  to  be  at  tiie  return  of  the  writ.  In 
all  other  returns  in  the  term,  there  is  the  same 
course  observed  :  The  jury  is  never  obliged  to 
appear  before  the  *  quarto  die  post ;'  nor  can 
the  prisoner  be  tried  sooner.  What  makes 
this  clear  is,  to  consider  the  proceedings  on 
Distringas,  where  the  prisoner  is  not  tri^  on 
the  Venire :  In  sudi  cases  the  Distringas  is 
never  te&ted  on  the  return-day,  but  the  *•  quarto 

*  die  post;'  which,  if  what  is  insisted  on  by  the 
prisoner's  counsel  is  law,  would  make  a  discon- 
tinuance, and  that  has  always  been  held  otiier- 
wise ;  fur  till  there  has  lieen  a  default  of  the 
jury's  appearing  on  the  Venire,  no  Distringas 
can  issue,  and  no  default  can  be  objected  to  the 
jury  fur  not  appearing  till  the  *  quarto  die  post ;' 
iior  are  they  anierciable  sooner  for  not  appear- 
ing. This  matter  was  settled  on  great  delibe- 
ration by  my  lord  chief  justice  Holt;  and,  I 
%m  confident,  has  been  ever  since  so  practised. 

Mr.  Ketelbcy,  My  lord,  it  was  my  misfor- 
tune not  to  get  into  court  sooner  ;  so  that  1  did 
not  hear  the  first  ajijiiication  Mr.  Hunfjferfurd 
Oiade  to  vour  lordship  on  behalf  of  the  prisinier, 
«ior  shall  I  presume  to  break  in  upon  what 
your  lordship  has  already  determined ;  hut 
whether  or  not  we  are  entitled  to  see  tlie  Vc- 
oire,  or  hear  that  part  of  tlie  record  read,  I 
bope  we  shall  be  able  to  make  out,  that  there 
has  lieen  a  mis-trial  in  this  case.  The  Venire, 
it  is  agreed  on  all  hanils,  was  returnable  octabb 
Martini,  wluch  was  Monday  the  19th  of  No- 
vember. That  the  prisoner  was  not  tried  till 
tiie  81s^  is  aott  certain.    The  geoonl 


Trial  of  ChrUtoflier  Layer ^  [ 

was  octabis  Martini,  and  he  wai  not  trie 
two  days  after ;  and  notwithstanding  what 
Harcourt  bath  said,  I  must  beg  leave  hoi 
to  insist,  that  there  hatli  been  m  nui-tritl^ 
judgment  ought  to  be  arrested ;  end  ftr  di 
have  as  strong  an  authority  as  env  thaici 
cited  in  this  court,  'tis  the  trial  of  Rookm 
and  for  the  greater  certainty,  I  have  bra 
the  book  along  witli  me,  and  have  it  is 
band  ;  where  it  is  agreed  by  the  Court, 
all  the  king's  counsel,  that  the  trial  mu 
on  the  day  of  the  return  of  the  Venire,  oi 
that  it  would  be  error :  and  my  lord  chief 
tice  Holt  declared,  the  issue  could  not  be 
afler  the  day  of  the  return :  this  matter  ( 
before  the  Court  upon  an  exception  take 
sir  Bartholomew  Shower. 

Just.  Ejfre,  That  was  on  a  coromissia 
Oyer  and  Terminer,  which  was  quite  diflfei 
there  is  no  <  quarto  die  post'  there,  no  di 
appearance,  but  the  day  of  the  retuni  el 
wnt. 

L,  C.  J.  It  must  be  so,  because  there  i 
such  thing  as  a  *  quarto  die  post'  in  commii 
of  Oyer  and  Terminer. 

Mr.  KetcWty,     I  submit  it  to  your  lords 
whether  there  is  any  *  quarto  die  post' 
Venire  ? 

L,  C.  J.    It  is  always  so. 

Just.  Eyre.  You  know  we  had  the  < 
sideration  of  tliis  when  we  appointed  the  tr 

Mr.  Kclelbey,  I  l>eg  leave  to  offer  one  w 
that,  in  case  of  a  Venire,  there  is  no  *qo 
die  ]>ost,'  because  there  is  no  essoign,  00 
ception-day  for  the  jury.  The'authorit 
first  ItolPs  Abridgment,  822,  Placit.  4  an 
is  express,  that  in  a  Venire  Facias,  or  a  S 
Facias,'  there  is  no  essoign:  and  where th( 
no  ciisoign,  there  can  be  no  day  of  excep 
because  the  exception'  depends  on  the  ets 
day,  and  consequently  the  day  of  the  re 
and  of  the  appearance  must  be  the  same, 
case  uf  essoign,  exception,  return,  and  ap{ 
ance-days,  concerns  only  original  writs, 
the  plaintifis  and  defendants  therein;  the 
the  defendant  appears  the  ■  quarto  die  p 
his  appearance  sfiail  be  accepted  as  good, 
no  further  process  made  against  him. 
whoever  heard  that  a  jury  were  essoigi 
There  are  several  oiher  authorities  for 
Dalton,  415.  2d.  Itistit.  125  6c  ii3  H.  6, 
that  no  essoign  lies  upon  a  Venire  Facial  • 
the  essoign  was  quashed. 

JL.  C,  J.  This  you  now  oflfer  will  seta»i 
the  proceedings  either  on  the  plea  side,  « 
crown  side. 

Mr.  Kctelhey,  There  is  a  case  repov 
the  Year- liuuk, Mich.  33  Henry  6,  fol.  : 
and  ahriilged  in  lirooke,  title  Nisi  Priu^ 
It  was  disputed  by  the  judges  of  tU^ 
and  at  first  there  was  a  difference  o€* 
among  them ;  but  at  last  it  was  unsav^ 
resolved,  that  the  Nisi  Priut  waanot  ^^ 
1  will  state  the  case  at  it  >pny«  ii^  ^ 
book  and  the  abridsBMBt-  V 
of  NiMFriaii 


ithijiKiop 


Jhr  High  Treason 

the  interral  tjetwcen  the  'f]tiarto  die 

nd  tbe  retiirn  oi'  the   writ*    This  wns 

I  to,  utid  snid  lo  be  a  mis  atrial ;  ^nil  af* 

llie  jodg^es  a  {freed  in  their  ojnnion, 

a  mis  tnatt  bpcaus^  it  was  not  ypoD 

lay  of  the  writ  of  Nisi  Pnus;  und 

ibat  day,   tbe  trial  oug^ht  tuA  to 

I  at  alL    And  I  don^t  a(iprelieiitl  any 

brtween  that  case  and  this,  but  only 

ttti  Nisi  Frius,  and  this  a  trial  in  bank. 

ti<»  couti nuance  lies  on  a  Venire  Fa- 

i  ir  so,  I  sbalt  subniit  it,  whether  there 

/day  of  appearance. 

Jiit,  kxfrt.    Sure  there  b  a  day  of  appear- 

Me#n  lUe  Venire  Facias;  the  prncet^dintr^  in 

llui  0a«e  are  like  those  upon  an  orij^inal.     The 

MBe  day  which  i^  tbe  day  uf  appearance  for 

''  ffiarty  apon  an  original   i^  the  ilay  of  ap> 

»n<         .    '     jury  upon  a  Venire, 

I  believe  it  will  he  hard  for 
arco un  to  shew  where  there  is  an  essat^ 
\  fenire  Facias. 

,  J,  We  have  heard  already  what  Mr. 
art  hath  said,  1  desire  Mr*^  Simmonds 
/orm  you  how  it  is  on  the  civil  side. 
VSimmondi.  Our  proceijs  w  hrre  the  suit 
Iftieoced  hy  l)i)l,  is  returned  an  a  day  cei- 
Ita  court ;  that  d^tb  uot  respect  this  case. 
t,  C.  X  How  in  it  when  it  is  by  orifFioal? 

Where  it  is  by  original,  it  is 

)le   as    tbe  process   is  id  the 

ou  Pku^ ;  and  tbe  day  of  the  appearance 

fjury,  I  lake  to  be  tbe  *  quarto  die  post,' 

9^Jiarcmtrt.  1  f  ibis  was  I'l  bf  adiscimti- 

ttce,  wbal  will   become  of  all  the   records 

rre  ibe  proceedings  are  at  {general  returns, 

fbich  ure  trieil  o»  the  Distringas,  which 

rs  hears  trste  the  *  quarto  ilie  |>ost*  alter 

I  rrium  of  the  Venire  f  Every  one  of  these 

rtiicb  are  many  e? ery  teru),  would  be 

ntioneil, 

Z,  X     You   can't   but  be  sensible   that 
I  is  oolhint;  in  this  eveeptioQ, 
rj.  Pengeilt/.  There  is  no  Ibundation  for 
I  practice. 
LCrJ.  You  need  not  labour  it. 

'f.  The  sheriff^  or  the  jury,  are 

ilioucrh  tliey  did  not  appear  on 

gt   the  return,  if  the  jtiry  do  appear 

he  <  quarto  die  post  ;*  that  shews  it 

Gcfi.  n  this  olijeclion  prevails^  it  Mill 
luni  all  the  srttlrd  course  of  trials  at  bar* 
n*imir.  Unethiu|(  I  woulil  hunnbly  offer 
uiT  lordship,  I  have  not  bad  my  hooks  by 
^Ifllt  only  what  occurs  to  my  memory,  [ 
a  ba  to  exact  as  I  ought  lo  be.  This  overt- 
_j  Easex  of  treason  found  by  the  jury  to 
llfo,  1  humbly  apprehend,  and  1  ofler  it  to 
fttv  lordship's  J udg:nnent,  in  law  is  no  overt- 
4ct  jitalL  \ II  tbe  reason,  I  shall  humbly  offer  to 
|our  tordiibip,  that  tbougfb  it  hath  been  said, 
tkat  there  \»a5  a  consulting:  and  a^eeing  in 
r  to  levy  war,  yet  it  doth  not  appear  that 
Ilie  levietl  wus  such  a  war  as  m  the  law 
t  to  be  treason,  My  lord,  this  diflers 
^tevyiii^  war  itself.  An  intention  and 
atioa>  or  a  conspiracy  barely  to  IcTy 


X 


A.  D.  nn.  [310 

war,  unless  war  be  levied,  it  is  no  trea^Ktu.  If 
I  it  be  a  consultation  to  levy  war  against  the 
king*s  person,  in  imprison  tbe  king,  to  tie* 
1  throne  ami  murder  him,  it  ever  bath  been  ad- 
judgred  to  be  treason.  If  it  be  only  a  considt* 
ing-  to  levy  war,  as  if  to  a|;^ree  to  break  open 
met'lini;  bouses,  lo  throw  do«n  huu^ips,  wat 
the  same  as  iloingorii.  There  must  be  a  war 
that  is  levied,  or  tlse  it  is  no  treason,  Not  ut\\y 
that,  but  I  beg  leave  to  say  one  word  more.  In 
ray  case,  all  the  evidence  given  in  rvspect  of 
this  ofeil'urt  in  B^»se3c,  there  ya  no  fouudaiion 
I  liii'  it;  and  tf  thtMu  is  no  ov^rt  act  in  Et»sex,  no 
overt' act  elsewhere  can  affect  me.  It  standi 
on  the  evidence  only  of  Mr.  Lynch:  he  »alka 
of  a  declaration.  Who  read  ii?  The  only  two 
things  are,  a  discourse  between  us,  and  a  de- 
claration which  I  crave  him  to  read*  If  that, 
as  I  humbly  submit  it,  be  an  act  of  treason,  it 
is  carrying  the  mailer  further  than  it  bath  been 
in  tl)os,e  few  cases  I  beg  leave  to  mention  that 
just  occur  lo  mv  memory.  If  1  stule  them 
wrong,  I  shall  be  sorry.  The  case  of  Col- 
lege tbe  Oxford  joiner.*  It  was  asked  tha 
Court,  do  you  take  my  words  distinct  from  my 
actions?  No,  says  the  Court,  we  do  not  do  so. 
You  declaretl  you  would  go  down  to  Oxford, 
and  assassinate  the  king*s  person.  In  order 
lo  that,  you  went  ilown  wiili  pistols  before 
you.  That  at  thnt  time  was  declared  to  be  an 
overtact;  ihe  going  down  to  Oxford  in  that 
I  manner ;  and  tbe  Court  seemed  to  rely  tipoo 
j  it,  lis  the  overt-act  of  lUe  treason,  and  not  the 
talking  bere^  or  conspiring  thnt  be  would  as- 
sashiuale  (he  king,  hut  the  going  down  io  a 
hostile  mauoer.  So  likewise  in  the  case  ol'  my 
lord  Preston  ;  there  I  he  question  was,  whether 
those  letters  that  were  found  with  him  in  the 
I  ship;  whether  lliat  was  an  overt-act  of  trea- 
sou  ?  The  judges  seemed  to  be  of  opinion,  that 
I  the  taking  those  letters  wilb  biui  as  he  was 
^  going  to  France,  and  there  to  consult  the  stir- 
ring up  an  insurrection  here,  and  to  invite  the 
French  king  to  invade  us,  was  an  uvert-act  of 
treason.  But  there  is  a  stronger  case,  the 
case  of  my  lord  Russel.f  He  was  indicted, 
as  I  am,  for  compassing  and  imagining  tba 
death  of  tbe  king.  The  overt  act  laid  in  the 
indictment  to  mantfest  that  inteniiou,  was,  thai 
be,  with  the  re^t  of  the  conspirators,  consulted 
lo  seize  upon  the  king's  guards :  in  pursuance 
10  that  discourse  and  conspiracy  which  they 
had  bad,  it  appeared  that  sir  'riiomas  Arm- 
strong was  sent  to  take  a  view  of  the  guards 
in  order  to  carry  on  the  design.  Notwith- 
standing there  was  a  pursuing  of  their  design 
of  seizing  the  king^s  guards,  in  sending  sir 
Thomas  Armstrong  to  view  them,  yet  the  case 
was  thought  so  very  hard  io  respect  to  my 
lord  Bussel,  that  his  attainder  was  reversed  by 
an  act  of  parliament.  Therefore  I  only  argue, 
with  great  submis)«inn,  that  ii}  my  case,  where 
Dotliiog  is  ilone  but  accidentally  calling  io  at 
the  Greeo  Man,  staying  a  little  while  there, 

♦  Vol.  8,  p.  550,  of  Ibis  CollcctioD. 
t  Vol.  9i  p^  -^T8,  of  ijus  Colledion. 


311]  9  GEORGE  L 

aod,  as  bath  been  sworn,  here  iras  nothing 
but  a  noere  discourse,  and  then  I  ga?e  him  a 
declaration  to  read.  If  I  did  so,  it  was  only 
words.  As  to  the  second,  it  was  oothinflf  but 
pulilittUiiijr  a  libel.  And  shall  this  be  a  ibun* 
dation  to  deprive  me  of  my  life  and  estate,  to 
the  utter  ruin  of  myself  and  family  P  It  is  an 
nnprecedented  things,  hath  it  ever  been  P  There- 
fore 1  hope  your  lordship,  before  you  ^ive 
any  judgrment  in  this  matter,  will  take  it  mto 
your  consideration,  whether  any  thin^  done  in 
Essex  doth  amount  to  an  Ofert-act  of  treason. 

Mr.  Hungerford,  My  lord,  1  humbly  hope, 
as  it  is  my  duly  to  do  wtiat  service  1  can  to  my 
client,  and  as  it  is  in  case  of  life,  that  I  shall 
Itare  your  lordship's  indulgence  for  a  few 
word).     My  lord,  he  hath  justly  observed 

Serj.  Pengellj/,  My  lord,  I  would  not  inter- 
rupt Mr.  li'iyer,  because  it  may  be  supposed 
he  is  not  so  well  acquainted  with  the  method 
of  proceed ingf.  But  I  hope  I  may  take  the 
liberty  to  interrupt  his  ciiunsel,  u  ho  know  by 
very  gr^at  experience  the  method  of  proceeif- 
ings,  that  they  are  not  now  to  insist  on  the 
nature  of  the  evidence,  whether  the  evidence 
that  hath  been  given  is  suilicient  to  maintain 
the  indictment ;  that  is  not  tfa|  business  of  this 
day.  If  they  have  any  thinjfto  offer,  any  ob- 
jections to  make  in  arrest  of  judgment,  that  is 
the  business  of  the  day :  but  to  arraign  the 
proceeding^  upon  the  trial,  as  it  is  said  that  the 
evidence  given  did  not  amount  to  a  consultation, 
or  to  prove  any  overt  act  of  the  treason  alleged, 
I  flon't  apprehend  it  to  be  proper  at  this  time : 
1  did  not  interrupt  the  prisoner  himself;  but  1 
hope  his  counsel,  who  know  the  method  of 
proceefling  belter,  in  cases  of  hiurh-trca*fon, 
shall  not  be  |iermitt^  to  go  on  in  that  manuer. 
•  Att,  Gen,  The  gentlemen  that  are  counsel 
for  the  prisoner  know  very  well,  that  the  evi- 
dence given  or» the  trial  is  not  now  before  your 
lenlsliip  ;  the  single  question  that  can  now  be 
made  is,  whether  the  indictment  is  good,  and 
the  facts  charged  and  found  by  the  jury,  are 
well  laid,  and  do  amount  to  sufficient  overt- 
acts  of  fhc  hi^h-treason,  of  which  the  prisoner 
■tand!«  indicted  ?  Mr.  Laver  hath  been  giving 
an  account  of  tlie  witnesses,  and  making  ubser- 
Tations  on  the  things  which  they  swore ;  he 
was  borne  with :  hut  the  gentlemen  that  are  his 
counsel,  seem  to  be  opening  in  the  same  manner, 
but  as  to  them,  we  must  insist  upon  it,  that 
they  should  be  conHned  to  what  is  proper,  and 
apply  themselves  te  move  in  arrest  of  ju(l&(- 
ment,  if  they  can  find  any  thing  u|)on  the  face 
of  the  record  of  which  they  can  take  advan- 
.  tagc.  But  1  think  they  are  not  entitled  to  ^o 
on  with  observations  upon  the  evidence  in  the 
manner  they  were  he«^nning. 

Mr.  Ilungerfbtd.  1  assure  your  lordship  1 
did  i!Ot  dt'si^^n  it,  1  did  not  intend  to  recapi- 
tulate any  part  of  the  evitlence,  or  to  observe 
upon  it.  AntI  therefore  there  wati  no  occasion 
for  the  caution.  I  thank  your  lonlship  fur  the 
indutcfonce  you  i;ive  nic,*nnd  I  will  conform 
inj-se)f  to  the  rnles  the  king's  counsel  pre- 
serJbe,  0  olmetfe  upon  nothmg  bat  tbo  reoord. 


Trial  of  Christopher  Layer^  [SIS 

My  lord,  the  indictment  is  in  this  nauMr  % 
the  s|>ecie8  of  the  treason  laid  to  Uw  elunf« 
of  the  prisoner,  is  the  conapasMo;  ^  «m1  mm- 
gining  the  death  of  the  king.  The  fini  omt« 
act  of  that  treason,  is,  that  he  did  ncct,  cm* 
suit,  conspire  and  agree  to  raise  a  ralnilin^ 
and  a  '  guerram'  in  the  kingdom,  whieh  iiw 
overt- act  of  compassing  and  imaginiaf  iIm 
death  of  the  king. 

I  know  how  the  authorities  hare  beea;  %al 
in  the  case  of  life,  your  lordship  will  give  an 
leave  to  observe,  that  by  the  atateie  of  aft 
Edw.  3,  compassing  and  imaginiog  the  t 
of  the  king 

X.  C.  J.  Mr.  Hungerford,  we  weoM 
you  in  any  things  that  is  proper,  but  i 
you  are  not  offering  a  matter  in  arrcil  of  jad^ 
ment  that  hath  been  determined  against  yea  a 
hundred  times.  Hath  it  not  beeo  eoaJauritg 
allowed  as  an  overt  act  of  treason  in  eomniM 
iiig  and  imagining  the  death  of  the  king,  vlhi 
parties  did  meet,  consult  and  agree  to  levy  «v9 
Hath  it  not  been  constantly  agreed,  and  MkH 
not  stand  aflowed  to  be  so  ?  Now  to  peranM 
us  at  this  time  to  overthrow  those  molaIMM 
uken  by  our  predecessors,  is  such  athiny  aiii 
not  right.  Do  you  think  we  will  give  a  jai|g- 
ment  contrary  to  what  our  learned  pwdacBii 
sors  have  given  in  cases  of  the  grcaleat  bh»- 
ment?  If  1  thought  it  was  of  any  cffeoCTI 
should  not  grudge  spending  time  to  bear  yeai 
hut  you  must  agree,  it  hath  been  over-rnM  d 
hundred  times.* 

Just.  Ei/re.  It  hath  been  settled  a  great 
many  times,  particularly  in  the  case  of  Oorreli 
Gordon  and  Kerr,  in  which  it  was  aigued  over 
and  ovrr  a^i^ain,  and  the  Court  was  of  opimoa 
that  the  consulting  ami  agreeing  to  levy  wari 
was  un  overt  act  of  treason  in  compassing  and 
imagining  the  death  of  the  king,  and  gave 
judgment  accordinsjly. 

Just.  Fottesctie  Aland.  Mr.  Ketelbey  wai 
counsel  for  the  prisoners  in  that  case,  which 
was  in  this  Court  in  the  1st  year  of  this  kiag;^ 
when  this  objection  was  made  ;  and  very  wea* 
knows,  that  the  Court  u|K>n  that  occasion  i 
that  they  oii<rht  not  to  have  suffered  this  i 
ter  to  be  made  a  question,  for  that  it  was 
raigning  the  judgments  of  very  many  I 
judges. 

J  ust.  Powi/8.    No  one  thing  relating  to  I 
son  is  more  settled  ;   and  in  that  case,  as  I 
been  mentioned,  it  wus  agreed,  and  it  wa«  the 
judtifuient  of  all  the  judges  that  tried  ihatcaost^ 

Mr.  Hungerford.  My  lord,  I  bumUy 
hope 

Just.  Eyre,  It  must  not  be  admitted,  wt 
unist  not  sntfer  so  plain  a  point  to  be  disputed  | 
it  is  not  only  mis-  spending  of  time,  but  shalciag 

*  As  to  this  matter,  see  in  this  Collectiea 
the  case  of  lord  Preston  and  others,  and  «f 
Harding,  vol.  IS,  p.  646,  of  Friend,  vol.  IS,  p.  I, 
of  lord  George  Gordon,  A.  D.  178(),vf  HardT,eDd 
of  Home  Tooke,  a.  d.  1794.  8ee  also.  ISast'f 
PI.  Cr.  chap.  2,  s.  9  and  the  stat.  36  6.  9,  «< 
Tt  tad  the  other  aathorities  there  cited. 


i 


for  High  Treason. 

Im*  btrai  e&tdbHdie4  by  every  trial,  m 
\  any  thing  ui  tliift  kind  has  l)«>eu  men- 
ly  Iratn  die  case  of  the  Regicides  to  tUii 


A,  D.  1722. 


[314 


isttU  Pomyt,    In  the  caset  of  the  Regicides, 

rs  Are  printed  id  Key  ling. 

i^  C*  /.   And  m  all  the  trials  ever  siocc,  there 

tme  ca^  liath  happened,  where  the 

been  lor  cunipassinf^  and  imnirining 

€if  the  kiogf  but  that  il  hath  been 

IMIvifi  overt  act,  that  the  party  churned, 

m  OBiitU  and  a^ree  lu  levy  «rar  to  bring  bis 

mkAti  ttiienuons  i*}  efTect, 

Mf*  ilatn^ttjurd.  There  is  no  doubt^  but 
^mklbm  Uej^tcidtJS  were  tbe  worst  ntid  most 
MiPfMiis  criminalH  ibat  were  ever  brought  be* 
fiRftCoun  I  *  ;    and  yei  there  is  one 

lOtalan  trials^  quoted  in  tbe  very 

\nrA\     111.   Justice   Powys    raentions, 
Vfta   never  prncti«>pd  beiore,  anrl  I  nm 
orvur  t'  --  vir^r-x. .    ^^,»t  m,  the  juilges  who 
to  ir-v  lals,  and  the  kitifr's  couti- 

b.*  ^^  ,       t  cute  Ihfm,  met  and  cou- 

n>  form  and  fix  the  accusation, 
llfi;  .  3 1  »ur  jordship^f  pleasure,  1  shall 

ifcak  »f>  iunher  in  that  luaiif  r* 

iU  C.  X  You  have  tbe  opinion  of  tbe  Courts 

mi  1  «lare  »ay  it  is  your  own  opinion  ;    and  as 

ibr  cBabihrm^  are  so  po$iitive,  it  is  uot  for  us  to 

ftakr  inf^tt:titient«  at  this  day. 

II r.  Jiungrrfifrd,     i  shall  not  press  it  any 

There  is  aoothrr  thio^  arises  upon 

overt  act  laid  in  the  indictment,  that  is, 

vit         '  "    It  scripluni,*  .Hcc.     I  appre* 

i  the  *  quoddnm  ptcriptum^' 

b" '-  '  ciuiird  iu  the  iiiilictment. 

iOen tinned  in  eiliect,  that  it  waa 
,>c  to  a  rebellion  and  an  insurrec- 

f,  Ji.iJt'trUyrtl    Vonr  loriUhip  wiU  o]ii»erve, 

||!  I  the  *  scripTuiu  '  are 

I  iment;    and  by  ilie 

I  by  uU  the  yHt\^e%  of  England  in  Dr. 

cira  i'a«i%  in  «U  aot^usativtit'^,  whether 

■tioii  %it  itidtotmeiitf  X\\e  words  fitpp- 

\  ciimiiial  ou^ht  to  be  ini»ertcd  ;  and 

P  Uiat  ia  ti<it  douf  ui  ibii  Cii^^e,  the  overt  act 

i  virM  laid,  and  lUe  judgment  ought  to  bt* 

,  C,  J.    V*oo  know,  Mr*  Ifuugeiford,  if  but 
ft  act  U  well-bid  and  provedj  it  is  suf< 

•*4  koow,  I  waa  sorry  you  fori-ed  me  tf» 

'  what  I  «%ould  vtjllincty  hnve  forgot. 

rmber,  on  thai  occasion,  yo4i  was  pleaded 

npare  it  Ui  n  ballud,  which  U  au  ekpres- 

ksl  oiisfht  nol  to  be  u«e<L     lt>  thai  a  things 

rntoiier  is  on  trial  for  liia  lifo,  and  a 
UiftUk  rertion  is  intended  agaiusi  (he 
■  I  re. I  ted  in  so  lu(iicr<»u««  a  manner  i^ 
i  as  «ri  overt  act  of  irc^ason,  and  wliul 
sOHi  if  a  itiau^SpubUsliing 
I  pxcitiog  persons  to  a  re- 
'>n  agMiDMtUe  king  isi  not  P 
fliM  bo:    and    ul^en  we  arc 

ipan  tiM<  rori'mhi  iiion,  to  coin|»are  it  to  a  lial- 
tkl,  umI  My  he  might  aa  well  publish  a  baJJ^d; 


and  lay  it  as  an  ofert  act  of  treason  in  tbe 

indictment:  it  is  an  expression  that  ought 
not  to  be  used,  aad  I  was  very  sorry  you  did 
use  it. 

Ulr.  Hitngerford.  I  am  sure  I  did  not  ^y 
be  might  as  well  publish  a  ballad  atid  make  it 
trea<)0n  ;  1  have  a  greater  dut^,  and  a  mote 
tender  regard  to  bis  sacred  majesty,  and  iba 
qnict  of  bis  kingdom  and  people,  than  to  ex** 
press  myself  so.  What  \  then  observed,  at 
near  as  I  can  recollect,  was,  that  there  were 
but  few  minutes  to  transact  tlie  business  at  th« 
Green  Man  ;  that  what  was  done  could  nol 
amount  to  the  publishing  of  a  declaration,  when 
there  was  nothing  done  but  a  maa^s  reading  tt^ 
him»etf :  I  knew  the  whole  accusatt«>n  did  turn 
upon  that  transaction  at  tbe  Green  Man  ^  and 
ia  service  to  my  cht^nt,  I  thought  it  my  busi* 
nesii  to  make  it  appear  as  inconsiderable  as  I 
could  ;  and  if  in  this  I  bfive  otfemled  your  lord* 
»hip»  or  the  Court,  1  am  heartily  sorry  for  it^ 
and  beg  their  pardon. 

M  r.  Kttribry.  I  f  your  lordship  please  to  fa* 
four  tne  with  a  few  words, 

I  shttll  be  very  lender  of  otTering  to  yoof 
lordship  any  thing  on  this  itidictmenti  whicb 
hath  been  over»rule<l  in  any  of  the  cases  wberd 
I  have  betn  before  concern td  ;  whether  con* 
spiring  to  levy  war,  unWs  war  be  actually  le- 
vied, is  an  oiert  $ict  oi  high  treas^m,  was  men* 
Itooed  on  the  trial  ol'  Dorrt- 1,  Gortlon  and  KeiTi 
and  I  think  took  that  among  other  ercepliont 
in  arri*»t  of  judgmetit,  which  were  not  allowed  ; 
but  tfte  statute  ot  13  Eliz.  cap.  1,  was  not  at 
that  lime  meotjoue^l ;  and  I  have  some  other 
matters. to  offer  ou  that  bead,  it'  it  is  now  opeu 
to  me. 

L  C.  /.  Consider  a  little  how  yon  treat  the 
Court ;  the  objection  bulb  liein  solemnly  taken 
in  this  Court,  argued  aiwl  ^idjudi.'ed  by  this 
Court,  and  now  toy  come  to  artwigo  that  judg* 
luent  that  vvas  tliR'D  given. 

Mr.  Ki'Ulhfy.  I  shall  go  off  from  that,  and 
say  no  more  upon  it,  since  your  lordship  is  of 
opiuion  that  it  is  a  point  settle*!.  Bui,  nty 
loril,  I  must  beg  leave  to  take  nottce  of  what 
Mr,  Attorney  haji  oh-jervpd  relating  to  i he  five 
overt  acts  Itiid  in  ttic  indirlment,  and  isubnuttd 
your  lordship  ;  l<ir  I  d«tnH  kooiv  that  it  was 
ever  dHermined  otheiwi^p,  bi»r  that  it' one  rif 
the  overt  ftct&  ap(>e4rs  lo  be  bad,  jmlgment  must 
be  arrested. 

i*.  i\  J  Ala-^i  fjnile  the  contrary  :  |  helieva 
you  will  tind  at  ItiH^^^ood'ft  trtal^  which  you 
have  in  your  hand  :  therr  il  i  }^aid,  if  one  overt 
act  bed,  thf  iudicinienl  is  go<N|, 

Mr.  Kt'irfhry.  If  I  am  uot  mistaken,  in  sir 
John  Freind*!*  ca^e,*^  a  i^asnolao:  we  can't 
take  ujKin  m%  to  say,  lliut  oil  the  overt  actn  are 
wrong.  Is  il  not  likr  an  ai'tiim  in  aciiil  case, 
where  there  ar**  Kt'veral  counts  m  thr  deltrr^* 
finn  r  II  Ibfiv  he  onr  wrong,  that  wdl  klay 
judtrr)»ent  for  the  whole, 

L.  C.  J.  Because  it  i*i  an  entire  declaration  ; 
and  tbe  jury,  instead  ot  giving  damages  On  one 

♦  bee  lUe  C»sas»  saV  XZ^^f.  \. 


315]  9  GEORGE  I. 

count,  may  ha?c  gifen  it  on  the  count  tbey 
ou;^ht  not. 

Just.  Eyre,  But  if  ooe  count  be  suflicient, 
the  plaiiitifT  shall  certainly  have  judgment 
ujMin  demurrer. 

Mr.  Kttelbei/.  U'hat  1  had  to  offer  was,  that 
if  one  overt  act  is  bad,  the  indictment  is  bail ; 
but  if  it  be  otberways,  and  if  there  be  any  one 
overt  act  well  laid,  that  that  shall  make  the  in- 
dictment i^^ood ;  and  your  lonlship  will  main- 
tain that  indictment :  I  have  nothing  else  to 
•ffer. 

Att.  Gen,  Say  what  you  have  a  mind  to 
my. 

Mr.  Ketelbey,  I  did  not  know  but  I  was  ri^ht 
in  what  1  was  going  to  say ;  and  I  think  it  a 
point  too  material  to  be  easily  riven  up. 

L.  C.  J.  You  allow  one  of  the  overt  acts  is 
veil  laid  ;  consider  if  tliert^  is  no  overt  act  but 
that  one ;  must  there  not  be  judgment  against 
{he  prisoner  ?  Suppose  one  overt  act  that  is  not 
ffood,  must  that  take  off  the  force  of  that  which 
ugood*? 

Mn  Ketel^y.    I  submit  it,  whether  this  is  a 

Earallel  case  in  a  declaration  for  work  and  la- 
our  done,  if  there  be  but  one  count,  and  that 
well  laid,  the  plaintiff  shall  recover :  but  if  in  a 
■eoond  count,  he  comes  and  says  in  court,  that 
he  bad  done  such  work  and  labour ;  that  the 
defendant  promised  to  pay  him  such  a  sum,  if 
cither  these  counts  are  naught,  it  may  be  moved 
ID  arrest  of  judgment. 

Just.  £yiv.  If  the  damages  are  taken  gene- 
rally, otherwise  not. 

&rj.  Pengelly.  You  find  in  Rookwood's 
ease,-!*  it  is  tnere  held,  if  the  jury  found  him 
guilty  of  any  one  overt  act,  that  it  would  main- 
uin  the  indictment :  but  what  is  your  objec- 
tion? 

L,  C.  J.  We  will  hear  any  thing  that  you 
think  material  \o  offer.- 

Mr.  KttcUicy,  1  would  not  have  offered  it, 
if  I  did  not  think  it  material ;  and  for  my  part, 
1  caiuiot  find  any  such  thing  in  Kookwood's 
trial,  or  any  where  else,  (I  beg  pardon  if  1  have 
ovcrlooked'it)  that  one  good  overt  act  should 
maintain  the  whole  indictment ;  1  admit  three 
or  four  of  them  to  be  gooil,  as  they  are  laid  in 
this  indictment ;  the  only  objection  I  have,  is 
to  the  uncertainty  of  that  which  relates  to  the 
publishing  of  a  malicious,  scandalous,  seditious 
and  traitorous  writing, '  coutinen'  et  purportau' 
<  exhortation'  incitament'  et  prtemionim  |uro- 
'  mission'  ad  suadendura  et  excitand*  subditos 

*  domini  regis  ad  arma  et  guerram  contra  do- 

*  minum  regem,'  kc.  M  v  lord,  the  rule  that 
my  lord  chief  justiceCoke  lays  down  in  his  first 
institutes,  f.  303,  a.  is,  that  in  indictments,  a 
certainty  to  a  common  intent  is  not  sufficient, 
uo  more  than  in  coiint<),  rrplicatinns,  or  otluT 
pleadingsof  the  plaintiff.  Now  whether  this,  as 
It  is  laid,  hath  the  certainly  which  that  rule  re- 
quires, your  lordship  will  determine.  In  all  ca- 
pital cases,  e6|)ecial)y  iu  high  treason,  the  indict- 

*  Sec  l<:ast's  PI.  Cr.  ch.  2,  s.  59. 
t  S^e  the  Case,  vol.  J3,  p.  139. 


Trial  of  Christopher  Layer ^ 


\ 


ments  must  be  drawn  with  the  utmoat  accni 
and  certainty.  The  words  here  are,  that  he  < 
*  licavitqiioddam  malitio6um,seditiosnm,el 
'  di  tori  urn  scriptum  :'  and  then  sets  forth 
the  substaueo  of  the  libel  in  generml.  Is  I 
not  the  same  reason  that  the  words  shorid  I 
been  set  forth  in  this  indictment,  as  in  li 
dictment  for  a  libel,  that  so  the  Court  ■ 
judge,  u|)oii  the  face  of  the  indictment,  i 
ther  tli(*y  did  import  excitement  and  ah 
tion,  Mevarc  guerram?'  1  must  own,  in 
or  three  late  cases,  the  words  have  not  bcc 
forth. 
X.  C.  J.  Remember  Francia'a  case.* 
Mr.  Kctdbey,  1  am  going  to  mention  1 
cia's,  and  ho|)e  1  shall  be  able  to  aoooun 
that,  as  well  as  the  others :  in  Francia's 
the  indictment  was,  that  he  wrote  several 
ters,  notifying  his  intention  to  levy  war,ai 
quiring  aid  from  abroad,  without  particnfari 
the  words  of  those  letters,  or  tliesubetao 
them.  The  question  was  not  ufion  an  am 
judgment ;  but  it  came  on  iu  the  coursed 
trial  whether  such  evidence  should  be  alls 
It  was  insisted  upon,  that  there  was  a  1 
mentioned,  and  the  substance  of  that  1 
ought  to  have  been  set  forth  in  the  indictn 
or  else  the  letter  itself  ought  not  to  be  i 
much  less  a  copy  of  it  lentmd  in  the  prisoi 
copy-book,  as  evidence  against  him :  a 
must  beg  leave  to  rely  on  the  solemn  resoli 
of  all  your  lordships  m  Dr.  Sacheverell's  < 
that  the  very  words  should  be  expressly 
forth  in  all  indictments  whatsoever.  In  li^ 
cia's  case,  there  was  no  motion  in  arre 
judgment;  for  there  was  no  verdict  agi 
him :  therefore,  whether  that  precedent 
stand  in  our  way,  so  as  to  stop  us  in  our  pn 
objection,  your  lordship  will  determine : 
in  the  case  of  colonel  Sidney,  the  very  w 
are  set  forth,  the  title  of  the  book,  and  the 
charged  to  lie  treason.  In  KeyUnge  2S 
Twiners  ca8e,+  he  was  indicted  for  com|»as 
the  death  of  the  king,  and  his  overt- act  < 
the  publishing  a  book  called,  *  A  Treatii 
the  Execution  of  Jnstice  ;'  and  the  title  of 
book,  and  the  very  treasonable  part  olije 
against  the  prisoner  were  set  forth  at  la 
In  C'oloman  s  indictment,  two  lettt;rs  i 
mentioned  which  were  declared  to  be  his  bi 
there  was  no  counsel,  nor  motion  msdi 
arrest  of  judi^^ment.  I  don't  rcuipmber 
case  where  tbey  are  laid  so  general  as  in 
indictment,  except  Francia's  and  i'olem 
I  shall  only  beg  leave  to  add,  that  where  * 
is  a  libel,  a  iMok,  or  letters,  charged  um 
overt-art  of  that  ft  hich  is  supp<ised  to  be 
son,  and  upon  which  the  offence  is  groaa 
they  ought  to  be  so  far  sot  forth,  tbat  a  ^ 
may  have  an  opportunity  to  clear  himself 
accusation  :  I  don't  knew  any  precedet^^ 
contrary,  but  that  of  Francia's  case, 
there  was  not  any  opportunity  of  debate 
he  being  acquitted  on  his  trial ;   and  t»% 

*  See  it  in  this  Collection,  vol.  1&«  1^. 
t  Se^vol  6,  p.  515. 


Jor  High  Trensffn* 
11^  wbicb  was  before  aoy  couumI 

c^jcdioo  wtt8  taken  in  Fran* 

j.,-.^K.    ..c  ;f  :*  \^^^\  ii^n  tnkcri 

ctofiJftrliuroent 
^    ......     -,„.,  be  admiUci)  or 

ly  •vcnuGt^  tiint  Ik  not  eirpresslY 

tntlirttDeiit.  ng^insi  unj  ii^rsf)!!  or 

ffrn     You  toc*k  ihe  objfction, 

thi^  orert-flct  of  Ireasou  is  not 

in  the  indiGtmeiit ;    Roci  there* 

tHJl  t<*  be  given  in  eiridence :    jou 

'  over  nil**<i  ui  ibe  lime  of 

II,  am!  tliuT   the  opiiiioD  of 

^ijUbl  yciu-     As  to  what  yoti 

wdf  must  be  set  for^b.  it  ti 

a  man  niuy  set  fortti  the 

mXw  «voril8,  without  &hewhi|;  the 

>« :  that  is  the  wi\y  thiit  is  pm-* 

n,  luid  when  it  is  otherwise  ii  is 

Ubt  to  be  done.-j- 

It  wan  tQileed  the  Ojimlon  of  the 

wrrr   (irtMiit    at    D\\  Kachcfer- 

cular  w finis  supposed 

u!  expressly  specified 

il  0t  iuforcnation  foraay  roia- 

itin^  or  speaking ;  ond  since 

•n  authority  to  conclude  our 

1  ciri*t  forbpfir  saying,  that  it  was  a 

;r  to  \V,  r  ball,  and  par- 

VI  ^  I  this  court,  to 

y  ituch   oiMnjoii  tiatl  beeu  (fiven  ; 

cr  i>er^n  laid  dowu  in  ony  of  our 

rule  of  law  or  nractice,  that  the 

inli  mipposed  to  ue  criminal  ought 

M  hi  the  itiilictment  or  informa- 

had  l«iru<*d  from  my  lord  chief 

t  a  libel  might  he  described 

nod  subfitunce^  or  by  the 

id  that  an  intJ»ctiiient  or  in- 

either  of  Uie^e  tonus  woulil  he 

u  h>ok  into  tjie  books  of  entries 

mrrral  irixtances  vtbcre  i^laiidc^rti 

are  diarge*!  in   Latin,  as  false 

•riion«,  and  rtotiu  thewordn 

Htali^y^s  ca*iir-.§^  who  was 

ilewonls  II  it.  13 

d  in  the  m  that 

k;otf  bad   trauoronHJy  dc- 

ipse    |inedirius    i^t^iey   ipsiim 

iotrrftccret  ;*  and  the  fact 

in  GOO  ver  sat  ton   had  f}|Kike 

'i*tl  in    FrcDch,    which    wer*j 

wltorweA  ;    and  this  evidence 

idem  to  cciUfict  him  of  biifh- 

the  particular  wordstuppo^^rd 

rrrmitml,  were  not  sptciHed 

'icre  v»'HS  nti  ititormii- 

a  all  the  {T I  cat  counsel 

ccotuTitL'd  on  one  t;«dr'or  oih*^r, 

it  bar  in  my  lord  chiel  justice 

,  »ol.  7,  p,  U 
1  Cr.  cap.  s. 
a, 

*.Gn*iie,Tri«,tWilL 


I  br  < 


mtjct 


A.  D,  1121.  [318 

Ilalt*6  litne^  and  the  olfeuce  was  cbari[^  in 
the  same  muTuuT ;  for  the  substance  of  what 
the  defejjdanl  hnd  sitvorn  was  •*<.!  toilh  in  I^iin, 
and  the  evidence  which  he  gtive  Li  Englisb 
being  proved  to  be  false,  he  was  couvicted  of 
the  periury  without  any  objection  ;  and  yet 
the  pariicitvar  Kuj^hsh  words  in  which  he  fi^Skve 
his  cvifieoce  were  nut  expressly  speci^^d  tu  the 
information  ;  and  I  don't  find  that  the  specify- 
ing of  the  particular  words  was  ever  said  or  sug>«^ 
gested  to  l»e  necessary,  tdl  this  sudden  opinjon 
was  '^iven  ;  and  therefore  ^h  I  never  thought 
it  n|;ht^  I  can't  bear  it  ur^ed  as  an  authority 
without  oHeriog  my  reasons  to  the  contrary^ 
and  ackoowleil^ng  that  1  have  been  hm^  in  a 
crreat  mistake,  if  there  be  any  one  reaoluuon  in 
the  books  to  support  it. 

Just.  Pimys.  In  the  case  of  Francia  it  was 
insisted  onto  order  to  rttop  the  trial ;  the  main 
of  the  oljjeclion  was,  that  they  ought  not  to 

firoduee  evidenre  of  the  letters,  because  tho!i# 
ettera  were  not  expressly  set  forth  in  the  in- 
dictment, and  that  very  objection  was  made  in 
order  to  itop  the  trial.  What  wassatd  there  in 
cases  of  libels  is  intended  when  set  forth  *  in 
hxc  verba, ^  and  not  in  Latin,  the  morecoromoii 
way :  but  it  is  another  thing  where  it  is  ta 
overt*  act  of  the  imagination  of  a  man's  heart 
in  treason,  it  is  sufficient  to  set  forth  the  sub- 
stance of  them  ;  therefore  it  was  so  fully  set- 
tled in  Francia^s  case,  that  I  thought  it  won  lit 
be  ncvor  mentioned  agaiu  ;  the  point  was 
argued,  the  objections  were  made  and  over- 
ruled, and  it  was  the  very  (lotnt  on  which  th^ 
trial  proceeded, 

Jtt,  Gen,  In  my  lord  Preslon*8  case  theil^ 
were  i*everal  notes,  memorandums Jiml  writing?^ 
that  were  the  very  overt* acts  of  the  treason, 
yet  they  were  ooi  partu  itlarly  set  forth  in  ths 
indictment* 

Herj.  Pefigelly.  There  it  was  alleged,  tba| 
tlie  lord  Preston  prepared  and  composed  se* 
veral  writings,  several  traitorous  notes  and 
ntemorandum^,  for  the  giving  itistrnction  auil 
information  for  the  French  king  how  to  in-*- 
vnde  Kngland.  1  desire  to  put  Mr.  Ketdbef 
thiR  case:  Suppose  any  one  had  proclaim* 
ed  the  Pretender  at  Charing-cross,  or  ela«« 
where,  and  Imd  read  bin  declaration,  exciting 
the  people  to  revolt  and  to  cotiie  in  lo  him,  and 
prnuiising  ihem  rewards;  and  th*?n  (be  d«s* 
cliir»tiiiii  had  U'»n  curried  otf,  or  so  disposed  ol" 
tluU  it  could  not  U*  reoo*.  *  rt  ti  aiu\  produced  in 
tiideucf  ;    I  would  W  ow  whetlipr 

that  pcr*;ofi  might  not  l>  i   for  treasoPp 

without  !$()'ttingtorth  the  particular  words  whicli 
be  read  out  ot  such  declaration  ;  or  whether  hn 
should  escape  nnnisbmeut  for  want  oi  being 
abte  to  set  out  Lne  particular  wordi^? 

jlHr.  KeteU'ty.  The  rradtng  of  the  paper  la 
that  case  viould  be  SMfficienC. 

L,  C.  ./.  Have  you  done,  or  have  yoti  any 
thing  further  toofibr  lor  the  prisoner .' 

Cl  of'  I  he  Cr,  Christopher  Layer,  hohl  u^ 
your  hand.  You  have  be«:u  indicted  of  high* 
treason,  ^c. 

Fri*on<r^  I  know  nothing  more  tu  siy  tidfr, 


319]  9  GEORGE  I. 

because  my  counsel  have  given  it  np.  But 
alter  your  lordship  bath  paued  sentence  upon 
me,  1  hope  ami  desire,  for  the  sake  of  elber 
people  more  than  mysdf,  those  that  f  have  had 
Very  great  xlealini^  and  correspondence  with, 
pariioularly  my  lord  Londonderry,  and  several 
others,  that  I  wouhl  do  justice  to,  that  your 
Jonlship  would  give  me  a  reasoiiahle  time  to 
make  up  their  accounts ;  and  when  that  is 
dune,  I  hope  your  kirdsbip  will  give  me  still  a 
further  time  to  make  up  that  great  account 
which  I  have  in  another  place :  W  hen  this  is 
done,  if  hin  majesty  doin  not  think  fit  gfra- 
dounly  to  continue  me  in  this  world,  I  will 
dare  to  die  like  a  gentleman  and  a  Christian, 
not  doubting  but  that  I  shall  meet  with  a  double 
portion  of  mercy  and  justice  in  the  next  world, 
tboogli  it  is  denied  me  in  this. 

X.  C.  /.  Christopher  Layer,  you  have  been 
indicted,  and  aAer  a  long  exantination  and 
fair  trial,  have  lieen  convicSed  of  high -treason 
in  com|>assing  and  imagining  the  death  of  the 
king. 

Yon  have  had  all  the  indulgence  and  ad- 
Tantage  that  the  law,  would  allow  you.  You 
have  had  counsel  assigned  you  of  your  own 
chusing  to  advise  you  preparatory  to  your 
trial,  and  to  assist  you  in  making  your  defence 
at  your  trial. 

These  counsel  have  been  permitted  to  say 
VFhatever  they  thought  proper  lor  your  service ; 
and  T  heartily  wish  that  I  could  say  that  they 
had  not  exceedeil,  that  they  had  not  taken  a 
greater  liberty  than  they  ought  to  have  done; 
but  however  tliat  was,  the  Court  thought  fit  to 
permit  it  in  them,  that  they  might  not  be  dis- 
couraged in  offering  any  thing  that  was  proper 
for  your  defence ;  we  did  not  censure  it  then, 
on  tnis  consideration. 

Tht  jury  that  have  found  you  guilty,  are 
•nch  as  may  be  justly  said,  you  yourself  ap- 
proved of;  lor  though  the  law  gives  you  a  li- 
berty ofchallengiiiflf  five  and -thirty,  vou  chal- 
lenged but  four4incf- thirty  ;  so  you  allowed  the 
rest  to  be  an  indifferent  jury  to  pass  between 
the  king  and  you  as  to  your  life  and  death. 

The  evidence  on  which  you  have  been  con- 
victed, is  the  clearest  and  plainest  that  ever  1 
Iiemrd.  Your  personal  conferences  with  the 
Pretender  at  Rome ;  your  constant  corres|K>nd- 
ence  with  him  and  his  agents  afterwards; 
the  scheme  you  had  formed  for  the  executing 
this  treason  ;  your  confessioo  of  the  greatest 
part  of  it  before  the  lords  of  the  council; 
and  at  last  your  flight  when  in  (he  hands  of 
justice,  out  of  a  window  two  pair  of  stairs,  and 
the  endeavours  you  usetl  when  retaken  to  cor- 
rupt and  prevail  with  tho^^c  tliat  took  you,  by 
rewards,  to  let  you  go  off,  these  are  matters  so 
▼erv  clear  and  plain,  and  did  concur  so  exactly 
with  the  evidence  of  the  witnesses,  that  it  did 
not  rest  on  their  creilit;  the  only  question  was, 
whether  the  jury  did  believe  what  jou  your- 
self had  declared  on  your  examination  before 
the  lords  of  the  council,  and  by  the  Scheme 
that  was  found  in  your  custody  Y 

This  being  th«  natare  of  "tlie  evidence,  I 


Trial  of  Christopher  Layer, 


must,  according  to  what  it  oeatl,  pot 
mind  of  the  horrid  wickedness  yoa  ba 
found  guilty  of. 

The  first  matter  projected  to  bede 
to  seize  the  Tower  of  London,  lo  aet  i 
at  tlie  Exi  hange  and  other  plaoes ;  ^ 
the  Bank,  awl  take  from  thence  what 
you  had  occasion  for;  by  which  th< 
city  of  London,  and  in  conseqoeoce  th 
nation,  would  inevitably  have  be«w  iur 
blood  and  confusion  ;  this  was  to  ba* 
tlie  first  fruits  of  this  projected  Scheme. 

The  next  step  to  be  taken  by  this  ej 
Scheme,  «»as  to  seize  the  sacred  persoi 
king !  a  king,  who  during  the  whole  co 
his  reign  hath  been  the  most  religious  o 
of  our  laws,  the  most  careful  preserver  s 
tector  of  all  our  civil  and  religious  righ 
the  most  mercifid  prince  that  ever  sat 
throne  of  these  kinurdoms ;  yet  this,  tfa 
excellent  prince,  was  to  be  seized  and 
sacrifice  to  popery  and  arbitrary  power. 

The  next  step  to  be  taken,  was  to  se 
prince  ;  and  when  that  was  done,  nobi 
doubt  but  the  young  prince  and  prii 
must  and  should  have  followed  the  fatei 
father:  8o  that  the  project  must  and 
have  ended  in  the  destruction  of  all  tht 
family  on  this  side  the  water;  and  whi 
was  done,  it  was  thought  it  would  be  i 
matter  to  set  the  Pretender  on  the  thron 

This  being  done,  the  king  and  the  r3 
mily  destroyed,  and  the  Pretender  advai 
the  throne ;  what  the  consequence  of  thi 
and  would  have  been,  is  obvious  to  ever} 
it  must  have  ended  in  the  entire  dest 
and  dissohitinn  of  our  most  happy  est 
ment  and  constitution  ;  the  happiest,  1 
that  ever  any  people  enjoyed  ;  it  mus 
ended  in  the  destruction  of  our  laws, 
berties,  our  religion,  and  the  church  ol 
land  as  by  law  established  ;  and  we  mu 
become,  from  the  most  happy,  the  most 
able  people  on  earth. 

These  horrid  and  execrable  designs 
very  heinous  in  themselves,  that  they 
will  admit  of  any  circumstance  of  aggra< 
But  I  must  say,  1  can't  avoid  say  in 
there  are  circumstances  with  respect  t 
that  make  them  more  heinous,  if  possible 
were  bred  up  to  the  law,  and  you  uuist  I 
posed  to  kuow  the  excellency  of  our 
constitution  and  govcToment,  and  th< 
which  you  professed,  which  makes  youi 
much  the  greater. 

Another  matter,  which  is  a  great  aggr 
of  your  offence,  is,  that  you  were,  or 
professed  youriielf  a  Protestant,  and  a  n 
of  the  Church  of  England,  whiUit  you  e 
yourself  in  measures  which  must  inc 
Iiave  destroyed  that  church  which  you 
yourself  a  lucnilier  of. 

These  are  the  treasons  which  you  a 
victod  of;  and  being  so,  the  law  ailjud( 
not  lit  to  live  ;  and  the  judgment  of  the 
and  it  is  consitiered  by  tlie  Court,  that 

«  You,  Christopher  Layer,  beled  to  th 


*  Iroa  wliCAce  yoti  came,  and  from  tfience  you 

*  «re  to  be  drawn  lo  the  i}lace  of  execution,  and 

*  thfi't'  )oci  ire  to  be  hang^fd  by  the  neck,  but 

*  Ckot  I  lUyaa  are  dealt,  but  you  are  to  be  cut  down 
*^ivr,  4t>tl  yoiir  bowels  to  be  lakert  out,  and 

*  bun) I  before  your  face ;  your  head  is  to  be 
1  from  your  body,  and  your  body  to  be 

into    tour  Quarters  ;    and  tbat  your 
I  and    quart erM  be  dispose  of  where  his 
Ky  ahal)  (hmk  6t* 

I  the  priiioner  was  carried  buck  to  the 
fQ9c  of  tioudou;  but  on  Wedtjesday  No- 
2Bt  the  attorney  and  solicitor  general 
I  for  a  rule  fur  hi«  execulii>n,  atnl  tliat  the 
'  CSlvt  woqid  appoiut  a  time  aud'  |duce  ^br  that 
pUfiin  and  sa\d,  that  the  chief  desig^u  of  exe- 
otttti^  fiuch  criminals  was  to  be  un  exaniple  to 
ttktn  Dot  10  odVnd  in  the  hke  matin er,  aud  to 
diMr  iLff^u  from  conmnitting  treasoo ;  and 
iiu>Ted  that  the  execution  might 
'  X  ihou^Tb  the  fact  was  done  iu 
luiti  tii^idf  that  there  were  itiaoy  prece- 
i  ^hr  execiitioir  criminals  in  such  places  as 
should  tliluk  proper, 
.(ion  the  Court  asked  the  clerk  of  the 
if  he  knew  any  such  precedents,  who 
,  that  one  Fit/patnck,^  who  was  an  as- 
i^ith  the  turd  Audlcy,  was  executed  ju 
ex  for  a  fact  conunittod  in  WlLuihire, 
other   late  precedents  of  the  same 


rule  w»8  made  to  the  lieutenant  of  the 

la  dehvi*r  the  prisoner  lu  the  sheriffs  of 

and   Middlesex;  and  another  rub'  to 

aheritfs  to  execute  him  an  Monday 

r  ih<*  134h,  at  Tyburn. 

en  the  kinj^^s  counncl  moved  the  Court  to 

ifae  rule  made  thf    day  betbre,  for  Afr, 

,  ihe  clerg^yman,  to  attend  the  prisoner, 

lie  was  tukeu  into  custody  upon  sus- 

'treasuQf  and  h*d  given  bond  to  appear 

this  day. 

Court  answered,  that  any  clergyman 
luld  be  admitted  to  the  prisoner,  who  was  a 
iif  known  hontsty,  inttt^rily,  and  learn- 
but  not  Kuch  who  nnifhl  harden  htm  tn  his 
uty  in  his  la>t  luomeoU;  so  two  more 
^fti^ymen  were  joined  in  the  rule,  and  the 
•tbrr  two  struck  out. 

AfUT  wards,  aud  on  that  very  day  before  he  was 
tile  rK'  €Ut4.'d.  he  had  a  respite,  and  there  being 
ioui  thai  he  could  not  be  executed 

1}  vir  'ly  warrant  signed  by  the  kiug  ^ 

W  tiiui  ii  tiew  rule  must  be  imide  id  the  Court 
if  Kifii»'^  bench  for  his  execution,  he  was  ac- 
Cttiiingty  brought  to  the  bar  in  Hilary- term 
Mkifung,  aud  a  rule  was  made  for  his  execu- 
on  the  27lh  of  March  ;  but  before  that 
be  procured  another  respite,  and  after- 
another  rule  was  made  to  execute  him 
«nibe  17lh  day  ot  Moy  folloiviog,  which  wos 
^i«a  aeoordiuji^ly .  t  II  e  tuade  a  short  speech  to 
t^anstants,  v«her«^ui  he  avowed  tlie  principles 


I 


*  See  hisCrtsp,  vol  3,  p.  41i>. 
f  See  4  Black.  Comm.  464. 


A.  D.  1722.  [322 

for  which  he  suffered,  rccomtt^ended  the  in- 
terest of  the  Pretender  ;  and  deliveri-d  a  paper 
to  the  under-sheriiT,  and  also  anothei'  to  a  fnend 
of  his.  His  head  waj(  a  tier  wards  carried  to 
Ne^vgatCf  and  was  the  oeJtt  day  it\%  nnoa 
Tern nie- bar ;  but  his  (quarters  were  delivered  to 
his  mends  ;  who  took  care  to  get  them  de- 
cently interred*  The  paper  aboVe-mentioued 
was  inclosed  in  a  cover,  superscribed, 

To  Mr.  Walter  Price,  Under-sheriff»  at  his 
house  io  Ca»tle-Vard,  ia  Uolboni;  and 
was  as  tolloweth,  viz* 

Mr.  Sheriff;  I  having  previously  resolved  to 
employ  all  the  time  allowed  me  at  the  place  of 
execution,  in  demotion,  aud  making  my  peace 
with  God,  through  the  oll-suHicient  merits  aud 
mediation  of  my  gracious  Savioor,  I  have,  in* 
stead  of  any  speech  I  could  make  to  ihe  spec- 
tatorSf  <in  i^m  unfortunate  occanion*  committed 
my  last  ihouffhls  of  all  worldly  affairs  to  writ- 
ing."* while  I  had  some  miervals  of  time  for  so 
dotog  ;  and  have  sent  two  authentic  duplicates 
thercot,  wiib  my  hand  subscribed  to  the  bottom 
of  each  sheet,  to  two  trusty  friends,  to  |estify 
thereby  to  ihe  world,  in  due  lime,  aud  a«  oc- 
casion otrers  the  true  princi]de5»  (*f  both  my  re- 
ligion and  loyally,  an  well  as  the  unparalleled 
hardslupii  and  injustice  1  tiave  lately  met  with; 
for  Mhich  I  pray  God  torgive  the  authors 
thereof. 

Atid  to  Ihe  end,  thai  none  of  my  friends,  who 
had  access  to  nie  *ince  1  was  sentenced  to  die, 
ma\  he  liable  to  come  iuto  any  tronble  upon  the 
score  of  publishing  my  suid  wrilingSt  t  siMit 
the  draughts  thereof  ideated  up,  together  with 
draught  of  two  several  letters  directed  to  cer- 
tain personal  in  the  administration,  to  one  of  my 
friends  aboFt: mentioned,  desirmg  him  to  oepy 
them  all  over  fair,  and  return  them  to  me : 
And  then  I  sul»scribed  them,  and  returned 
them  to  my  frietids,  without  lettiug  the  b*?arers, 
tirst  or  la«r,  know  any  thing  of  the  cootenta. 

So^  taking  leave  ol'  this  vain  world,  God  ia 
mercy  receive  my  8«ul !  Amen.f 

CURISTOPHKR  Lir£E. 


There  is  a  slory ,  that  Layer's  h^ad,  havta^ 
fallen  from  the  top  ofTtrnpft:  bar,  where  it  had 
been  placed,  was  picked  ujp  by  an  attorney  of 
the  name  of  Pearce,  who  was  an  agent  for  the 
non -jurors  ;  that  Dr.  Richard  Rawlfufion,  the 
antiquary,  i'or  a  large  price  obtained  it  from 
Pearce,  preserved  it  as  a  precious  relic,  and  by 
his  will  caused  it  to  be  buried  in  his  right  bnna. 
Another  %er»ion  of  this  legend  relates,  that 
instead  of  Layer's,  auothtr's  head  was  imposed 
on  Rawlinsun,  See  Nichols's  Literary  Anec- 
dotes of  the  eighteeuth  century,  vol.  5,  p.  497 > 
art.  Rawlinson. 

For  the  proceedings  in  the  House  of  Lords 
respecliiig  the  printing  of  this  Trial,  see  Pari. 
Hisl.  YiA.  iS,  p,  54,  ef  teq, 

•This  writing  never  api>eai^  in  public. 
Formtr  £diUon.  f  bee  lite  next  Article. 


323J  ^  GEORGE  I.  Pfoceedingg  agaimt  Bishop  Atterhurif^ 


464.  Proceedings  in  Parliament  against  Johx  Plunkett,  George. 
Kelly*  alias  Johnsok,  and  Dr,  Francis  Atterbuuy,  Bishqfl 
of  Rocliesler,  upon  Bills  of  Pains  and  Penalties  for  a  Treason-^ 
able  Conspiracy:  9  George  Lf  a*  d,  1723* 


The  Kmjjf,  iti  a  Speech  on  October  It,  1722, 
AC  qua  in  led  both  Houses  of  Parliament,  that  o 
dan^erouB  Conspiracv  hatl  been  for  some  time 
furmedt  ^^^  ^^  ^^^^i  carried  on  ajifainiit  his 
}»ci-snn  and  gofernmcnt  in  faT our  of  a  Popish 
IVelencIer ;  an  J  after  relating  scvcnil  parti- 
eaiars  conccniing^  the  same,  he  stated  that  notne 
cif  the  conspiiators  had  been  taken  up  and  ftc- 
curett,  and  that  oodeavours  nere  used  for  the 
apprtheudmif  oihtrs. 

Chrislopher  Layer  having,  on  the  23rd  day 
i»f  November,  17*2^,  been  convicted  of  his^h- 
treason^  as  hath  been  related  in  the  precediitg 
Caae,  tlic  House  of  Commons,  on  January  15, 
17^5  (ihe  second  day  of  their  meeting  after  the 
'Christmas  adjourn metit)  came  to  the  fotlofviDg- 
iTotes . 

**  Uesolred,  nem.  con*  That  a  CommiUee  be 
•ppoiRlc  d  to  g-o  to  the  Tower  of  London,  to 
IjB^amine  Christopher  Liijei,  io  relation  to  the 
^cmspiracy  menlioued  in  his  majesty's  Speech, 
:  the  opi^ntngp  of  thii»  parliament,  to  be  carry' 
Bg  on  afraiQst  hi«  person  and  government. 

Ordered,  That  such  members  Of  this 
louse  as  are  of  his  majesty's  most  hon.  privy 
iiuncit,  be  the  snid  committet.'. 

*♦  Revoked,  That  an  humble  Addresi  be 
rrf^kentei)  to  his  majesty,  That  he  Hill  be  gra- 
usly  pleased  to  giv^e  directions,  that  the  ste- 
eral  ex  ami  nations  and  papers  ^  retattng  to 
^hri^topher  Layer,  may  be  bid  before  tbb 
louie/' 

It  appears  that  the  Committee  consisted  of 
Nlie  Speaker  (sir  Spencer  Com p ton,  the  Chan - 
l[£el!or  of  the  Exchetjuer  (Mr.,  afterwards  sir 
Tftfjbert  Walpole),  the  Master  of  the  R<dls  (sir 
Joseph  Jckyll),  the  ComptroUer  of  the  Hous£' 
piolit  (Paul  Meihuen,  esq.)  Mr.  WiUiam  Pulte- 
Lpey,  afierwards  earl  of  Bath  (who,  before  the 
tpiils  of  Paioa  and  Penalties  aguinst  Alterbury 
Wid  the  others  received  tlie  royal  as»L*nt,  was 
[ippoinied  Cofferer  of  the  Household),  Mr.  John 
|StnUh,  Mr,  Richard  Ilampdeu,  Lieut.  General 
I'Willa,  and  sir  Robert  Sutton,  Mr.  Putteney 
l^as  Chairman. 

Go  the  foUo^ring'  day«  the  said  examinations 

♦  Siee  1  Stranfre,  530.  Furtescue,  101. 
^%  Mod.  96.  Hatseirs  Precedents,  title  BrHs 
of  AttaiDder,  and  Bdls  of  Pains  and  Penalties, 
/See,  loo,  the  precedintf  Case,  and  the  Journals 
»'0f  the  Houses  of  Lords  and  Commons;  and 
^the  New  Pari  Hisit.  vol.  8. 

f  Swift,  in  the  6Th  chapter  of  GultLrer^s 
^  oyage  to  l^pnta,  &c.  has  introduced  some 
layers  aj^aiost  these  proceedbgs. 


and  papers  sealed  up,*  were  presentptl  to 
House^  and  were  rcferre*!  to  the  said  C 
mittee. 


On  the  Slst,  Mr.  Pii1t«»noy,  from  the  t 
mittee,  acqnatntnl  the  HoW,  '«  Tiiat,  u| 
their  pevtisal  o(  ihe  papers  relating^  to  1 
Christopher  Lay«*r,  and  on  iheir  ex^in 

of  the  said  Christopher  Layer,  fre»{tie    

tion  was  made  of  one  James  Plunkett,  wh6  \€ 
now  in  the  custody  of  one  of  hi»  majesty'* 
luesseDgers."     Wheteupon  it  was  ^~ 

"  Ordered,  That  the  said  Comtuittee  1x4 
powered  to  examine  the  said  James  Phmk 

**  Reso|¥L4l,   That  au   humble  Addr 
nresented  to  his  majesty,  that  his  majfl 
be  graciously  pleased  to  "ive  dir^ciim 
the  ex4iuiiriutiou9  and  p.ipers  relating 
said  James  Plankttt  may  be  laid  bd^ai-e 
Ifoimi'." 

And  on  the  following  day,  the  paper^{fte>leA 
up)  retaiing  to  Plunkelt,  were  presented  1 
House  and  refer rrd  to  the  same  comm 
who  wei-e  directed  to  examine  Plunkett ; 
within  a  few  days  aAer wards,  Mr  Pult 
from  the  Committee  ap}fointef1  to  exan 
Christophtr  Layer  and  Mr.  James  PJun 
ac(]Maiitied  the  flouse,  that  they  bad  exa 
the  said  if  ames  Plunkett ;  and  tind,  by  the  | 
pers  relatiufr  to  him,  and  hkewi^se  by  tbetr  4 
miiialton  of  him,  mention  made  of  one  Geoi] 
Kelly ;  and  that  the  Committee  had  dir 
htm  to  mo\e  the  House,  that  tlrey  may  be  em* 
powered  to  examine  the  said  George  Kelly. 

**  Ordered,  That  the  said  Committee  be  a 
power«d  to  examine  Mr.  G^rge  Kelly,  AOWJ 
prisoner  in  the  Tower  of  London. 

**  Mr,  Pulteacy  also  acquainted  the  Ho 
That  he  was  directed  by  the  said  Committee  to 
mo?e  the  House,  that  an  humble  Addre«8  may 
be  presented  to  his  majesty ,  that  the  examina^ 
tiona  aod  papers  relating  to  the  aaid  Ge 
Kelly,  and  such  other  papers  as  relate  to 
Consjiiraey  mentioned  in  his  majesty  ^s  Spc 
may  he  bid  before  this  House. 

**  Resolfed,  That  an  humble  Address  be  pre- 
sented to  his  majesty,  that  he  will  be  gma- 
ously  pleased  to  |five  directions,  that  the  setml 
examinations  and  papers  relatinsf  to  Mr.  Georgv 
Kelly,  aud  such  other  papers  as  relate  to  tEe 
Cousniracy  mentioned  in  his  majesty's  S^ 
may  ue  laid  before  this  House.** 

And  accordingly  the  said  papers  w«re  I 
before  the  House. 


31 

tteefo 
s  may 
imina^ 


to  tne 
miWF 


*  S«€  New  Pari.  Hist,  to),  8,  p.  ii» 


end  oikerSfJor  a  Treasannbie  Con$piracif. 


•{VA 


MAftii  1,  Mr.  Pultcney  reported  from 
ftt  CofBiaiOfc  as  fultows  * 

lh$  Comurrec  apiKyintGd  1o  examme  Cbn's- 

LAy«rr  at)tl  otheis,  in  rektion  to 

r  Cmt%i»iT^cy  metilmned  in  his  majesly*8 

"      to   be  CdfTyiticf  r»n  a^^ainst    tiis 

MitOQ  moil  i|;ov<;rnmeut,  havtngf  perused 

1^  t^vt-i:*!  tiapt-rs  and  exumiuations  re- 

IhtH  iiid   liaring  ^oiie  thr^agh 

•  t'x  u  of  lliose  persons,  have 

i  on  tbe  frillowiug  Beporl. 

":  !  -  I  ''Tin-  fxaminitions, 

yy^  your  coiii« 

^ .  .  1 .  V  ^  ,  i  L  etl  not  be  ^t  rtct )  V 

:>nd  order  in  which  they 

rnayf  tor  the  ease  of  th^ 

r,  moijc  I  he  seTerai   matters  occurring  to 

)  near  q;*  they  can,  in  the  order  of  tioie 

I  Iht^  ^ere  iraostactetJ,  or  as  thfy  best 

'  ihctr  mutt^al  connecL,ioD  to  illustrate 

her,  without  a<SiliD^  any  obsenrationi  of 

♦♦fit  nuch  as  naturally  arise  from 

st'i'enil  jiaperaamt  examinations 

icli  as  are  necessary  to  help  the 

jrrfu  e  cftiily  to  ^lermve  the  con- 

and    incan^iist^ncjea    of   the    con- 

r  ity  the  iirisoners,  as  ivell  as  the 

ami  coincidence  of  the  facts  ei* 

r  ctvfninittee  oUeive  in  general,  tbut  a 

mm  bog  been  carry ini^  on  by  persons 

\wne  and  dtuim!iiun  at  home»  in  conjunc- 

fUh  tr«it(ir«  atroai),  for  niacin^  the  Pre- 

m  tb»  throne  ol'  these  kingdoms*    That 

mifthoda  hare   been    attemptetl,  and 

fixed  for  puUiii^;  this  design  in 

That  ilie6r6t  ioientiou  was  to  have 

a  regahir  body  ol  foreign  forces  to 

TVi»~r~  ~^ 

imlphi  -  ;, 
{JL\  CofiUjning^  Foreign  Correspondence. 
'   ^  '   P»j»eni  relating  to  Captniti  Halstead. 
rfr*  relalinif  to  Chrislopher  I>aver. 
Pii**  r^  rrlatiog  to  an  intended  (n?a- 

n]f  to  John  Plunkett, 
relating  to  the  Bishop  of  fto- 

Paperi  rebtmi;  to  Oenrjre  Kelly, 
Paprrs  n  Uiiri^^  lo  nrnnii  Kelly, 
papers  rebtin^  tu  John  Sample. 
Pipcni  relating  to  the  duke  of  Norfolk, 

1  rtUling  to  Scotland, 
n  relating  to  Ireland. 

':o\  pages  of  the  Reports  of  j 

-'^'-'     ■•''■  ^  '»   ■-  '-' n,  but  ! 

ve  to 

,    i  ..,..»...,  kelly, 

incorporated  into  the 

no{  been  thought 

iieodrxes  Ihetn* 

ur  ivferencea  to 

-tD  ^vkkicb  occur 


«  accompanied  by  Ifvelve 
I i shed  by  dlflerent  tetters 


ey  ocrupv 


tOTade  these  kin^^domiS  at  the  time  of  the  lata 
elections;  but  thai  the  conspirators  being  dli* 
apirointed  in  this  expectation,  next  resoUed  i^ 
make  an  attempt  ut  the  time  that  it  was  gene- 
nil  ly  believed  his  majesty  intended  to  go  to 
Hanover,  hy  the  help  of  such  oHicert»  and  sol- 
diers as  could  pass  into  England  unobserved 
from  abroad,  under  the  command  of  the  late 
dukeaf  Ormond,  who  was  to  have  landed  ici 
the  river  with  a  gieat  qaaottty  of  arms  pro* 
vided  iti  Spain  for  that  porpoae ;  at  w  Inch  tima 
the  Tower  was  likewise  |o  have  been  seieedi 
and  the  city  of  London  to  have  been  made  a 
place  of  arms:  but  this  design  being  also  dis* 
appointed,  by  the  discoveries  made  in  Eng« 
laud,  and  hiai  majesty's  puttingolf  his  journey  ; 
by  the  encampment  of  his  forces  at  nnme,  as 
well  as  the  sending  for  those  from  Irelmid ;  and 
by  the  readiness  of  hts  majesty's  goud  alUea 
the  States  General  to  assist  bim  in  case  of 
need  ;  by  the  orders  given  in  Spain,  thut  the 
late  duke  of  Ormond  should  not  be  suffered  ta 
embark^  and  the  like  orders  issued  iu  Pr^^nce, 
that  he  should  not  be  suffered  to  pass  througli 
that  kingdom  ;  the  conspirators  found  them- 
selves under  a  necessity  of  deferring  their  en* 
terprize  till  ti>e  breakmg  up  of  the  camp : 
during  which  interval  they  were  bboaring  by 
their  agents  and  emis^taries  to  corrupt  and 
seduce  the  officers  and  KoUliers  of  bis  ma- 
jesty *8  army,  and  depended  so  much  on  thit 
defection,  as  to  entertain  hopes  ot'  ohictng  the 
Pretender  on  the  throne,  though  they  should 
obtain  no  assistance  from  abroad,  which  never- 
thefessthey  stHI  continued  to  solicit  for. 

The  truth  and  reality  of  these  wicked  de- 
signs, yoiir  committee  are  of  opinion  will  appear 
confirmed  to  the  House  by  concurrent  and 
unquestionable  advices  from  almost  all  parts  of 
Europe,  sent  by  persons  who  appear  to  have 
had  no  communication  with  each  other ;  which 
advice*{  hare  again  l>een  verified  and  tiupported 
by  several  discoveries  made  at  home,  by  the 
informations  and  confessions  of  sume  of  the 
persons  concerned,  as  well  as  by  a  long  and 
regular  series  of  correspondence,  which  the 
coQspirators  have  furnished  the  government 
with  agaimst  tbemvflves,  and  the  several 
branches  of  which  ap^K^ar  to  the  committee 
connected  with  oneauother,  and  till  concurring 
in  one  continued  de»it;u  of  subverting  our 
present  happy  establi*»hment,  and  involving 
th^se  kingdoms  in  bluml  and  confusion* 

The  several  examinations,  lelter>i,  and  other 
papers,  are  all  contained  in  an  Afipendix  to  thit 
fteport ;  and  as  they  are  ull  severally  numbered, 
so  the  several  pHra^raphs  which  are  f^iioted 
from  them  ha*e  rrlereucea  to  tho^-  numbers^ 
that  they  muy  the  easier  l>e  turned  to  upon  <iu* 
casitju,  and  be  supported  by  the  autJiorities 
from  whence  they  are  taken. 

That  the  fir»»i  *i.'^i..it  was  to  have  been  cxe» 
cuied  during  M  tih,  an«l  to  bate  been 

siipf sorted  bv  i  „  n-es,  is  collected  Chnn 
the  fo' lowing  cireumfitaoceii : 

Philip  Neynoe,  clerk,  (who  waa  drowned  ia 
attempting  to  loake  Urn  cicape  lihilii  the  mat- 


4 

i 


,  tengera) 


tgto  loai 
ilacUuNMl 


uponbu  cxacaiiifttipAMici 


327] 


9  GEORGE  I.  Proceedings  against  Bishop  Atttrlmtgf 


soDie  of  the  lords  of  the  council,  <<  That  he  had 
been  employed  by  George  Kelly,  and  one  Wat- 
son, whom  he  took  to  be  the  late  earl  marshal, 
^nd  who  was  in  En|(!and  last  springy,  to  draw 
lip  three  several  memorials  to  the  reerent  of 
Fratice,  to  solicit  him  to  send  forces  to  the  as- 
yistance  of  the  conspirators.  That  the  last  of 
these  memorials  was  drawn  up  in  December 
1721,  and  contained  a  demuud  of  5,000  men, 
to  be  sent  over  by  the  regent  to  invade  these 
king^floms." 

This  is  confirmed  by  nnqiiestionable  advices 
{irom  France,  the  IQtli  of  April  last,  in  which 
it  is  expresslv  affirmed,  "That  repeated  ap- 

{dication  had  been  made  to  the  regent  for  some 
ime  past,  to  furnish  only  a  bodjr  of  3,000  men, 
by  the  fif^lp  of  which  the  conspirators  made  no 
ooubt  but  iu  be  able  to  place  the  Pretender  on 
the  throne." 

Layer,  at  his  examination  before  a  committee 
pf  lords  of  the  council,  confessed,  **  That 
being  in  disrourse  with  lord  Orrery,  soon  after 
Lis  first  acquaintance  with  him,  (which  was 
before  the  encampment)  lord  Orrery  said,  no- 
thing could  relieve  the  nation,  but  a  restora- 
tion ;  and  that  he  would  be  glad  if  he  could 
contribute  to  bring  it  about:  that  it  must  be 
done  by  foreign  forces,  and  could  be  done  no 
other  way.  That  he  often  asked  lord  Orrery, 
iirhat  methods  they  had  taken  to  procure  them  ? 
That  lord  Orrery  said,  they  had  friends  abroad 
that  had  made*application  to  the  regent  for 
iissistance  to  bring  about  a  revolution;  but 
he  does  not  know  whom  his  lordship  meant ; 
general  Dillon  might  he  his  correspondent  for 
aught  he  knew  :  that  lord  Orrery  likewise  told 
him,  the  regent  might  be  brought  to  wink  at 
any  thing,  but  was  so  pcrBdlous  that  he  was 
not  to  be  trusted ;  and  that  the  Fiench  hud 
made  a  tool  of  the  Pretender.'* 


may  oflTer  before  the  end  of  thte  yH 
not  perhaps  every  way  so  ftfooraM 
letter  was  writ  on  the  20th  of  AprUt  i 
of  the  elections  were  over,  and  oai 
that  opportunity  was  elapsed. 

That  an  insurrection  was  thoaght 
time  of  the  elections,  is  farther  confii 
the  following  particulars ;  Layei 
before  the  lords,  "  that  Green  the 
being  in  aimpany  with  lord  North  ai 
and  talking  oi  5,000  arms  and  7,000 
were  ready,  said.  When  the  W 
mob  were  up,  if  they  had  had  am 
which  lord  North  interrupted  him. 
don't  talk,  you  are  a  (Citizen,  you  k 
are  no  arms ;  hut  that  the  man  ins 
were  5,000  arms  ready  in  the  city." 

Neynoe  declared,  «' lliatTbo.Ca] 
made  two  expeditions  in  the  sprin] 
the  elections)  one  into  Cornwall,  ai 
into  the  counties  of  Warwick,  Nc 
Derby  and  Stafford  ;  and  that  npon 
blaming  the  riotous  conduct  at  the 
election.  Charter  repliefl.  Hang  the  ele 
never  saw  fellows  of  such  mettk 
trained,  so  fit  for  business." 

Among    Mr.    Denny s  Kelly's  pt 
scizetl  an  exact  list  of  the  quarters 
majesty's  forces  in  Great  Britain, 
time  thai  ihey  were  drawn  out  of  m* 
great  towns  and  boroughs,  on  accot 
elections. 

From  all  those  circumstances  the  • 
see  reason  to  conclude, that  the  first  < 
to  have  been  executed  with  the  as 
foreign  i'orces,  at  the  time  of  the  elect 
the  Pretender,  the  lute  duke  of  Orn 
Orrery,  and  tlie  bishop  of  Kochestei 
this  opinion  ;  that  memorials  were 
here,  to  be  presented  to  the  regent  fo 
|io8c  ;  and  that  those  memorials  wer 
presented,  or  at  lea^t  application  ma 


Layer  repeated   the  same  in  part,  at  two 

other  examinations  before  his  triol,  and  bos    r— '    - n 

since  confirmed  to  your  committee,  upon  his    regent  in  cimsi^qnence  of  ihem,  by 
examination  at  the  Tower,  '*  That  lord  Orrery  !  from  persons  in  £nglaud  ;  and  thait 
declared   himself  constantly  of  opinion,  that    positions  havf  been  made  for  this  em 
nothing  could  l>c  done  to  *a':y  purpose  in  the 
Pretender-8  favour,  without  foreign  forces." 

About  the  latter  end  of  April,  a  letter  was 
interceptetl  here,  coming  from  Spain,  icclosing 

the  ropy  of  one  fiom  O to  L ,  which 

Mill  be  shewn  in  the  sequel  id'  this  Report,  to 
have  been  from  the  late  duke  of  Ornioiid  ;  in 
which  Ornmnd  says,  *•  Pray  K  !|  J^Irs.  Cliau- 
mont,  th..t  since  the  parliament  is  dead  and 
gone,  \  think  it  w  a  M.).id  lime  to  make  an 
cflori,  w!i«Ti  thi.  -.rr^iir  is  gone  to  Hanover." 
It  will  ap-K-rii-  fr.uithe  sequel  of  this  Re|>ort, 
that  by  Mrs.  C:>ai;;iiont  is  probably  meant  the 
PrttenJe:. 

On  the  e3id  <»f  April  another  letter  was  in- 
tercepted, siffiied  lii«r,  and  directed  to  Mr. 
Jackson,  which  your  committee  have  good 
reason  to  Mieve  was  from  the  bishop  of  Ro- 
chester to  thi-  Pretender,  as  will  be  shewn  in 
the  foIluwij>K  part  of  this  Report.  In  this 
letter  he  says,  •<  notwithsUnding  Ihii  oppor- 


tunitjr  is  tbj^d,  I  agree  irith  yon  anotlMrJkaveliMiU^ 


that  time,  as  broke  out  into  r'wXs  at  9€ 
elet  lions  :  which  must  he  allowed  to 
no  unfavourable  juncture  for  such  a 
considering  the  discontents  occasion 
late  South  Sea  scheme,  which  ihe  a 
have  all  along  flattered  themselves  tti 
be  able  to  improve  into  a  spirit  of  rebe 
,  the  libei  ties  usually  taken  at  such 
when  all  the  freeholdeis  of  England 
I  sarily*  and    Irirally   assemblea  toge 
I  when  the  whole  nation  is  too  apt  to  b 
'  ment,  even  in  the  quietest  times. 
This  design  failing,  on  account  (a 
sonable  to  believe)  of  the  conspiralon 
able  to  obtain  the  forces  they  folic 
abroad,  and  of  their  beiiig  tbaaif*^ 
in  opinion  as  to  the  time  and  B 
tion,  their  next  andoavdilr  i 
insurrectioD  at  the  tip** 
hit  maieity  \ 
dfAeMi 


ofhitSrfar  tf  TreasonnUe  Conspiracy. 


D.  112$. 


Ipoium^  tliAt  ihey  think  ttroncter  could  not  ren* 
aQti4i»(/  b^  ^iipecUrf,  in  nn  utiatr  wUate  it  tvtu 
iD  niQcb  iLt  mieresl  of  the  conspirators  to  act 
irjtb  i'  ^   ■^"  >5sr  eauiimi  and  secrecy. 

U  iv  '><^o  obserted,  tliat  the  late 

,,.  L,,.,,-uJ  ttiouglit  ihc  tirneof  the  king's 

Utf  Germany  a  f;itoural>|e  o|i|ici:rtiiDi(y 

\  nu  m  effort,  mid  ihiU  the  (lersoti  whr* 

jys,    '•  Notmihsflandiog"  thii!  tip- 

a|i^,  I  »eree  with  yuy  another 

Ui'tore  the  euU  of  the  year,  though 

bap^  every  way  so  favourahk." 

fer  coafesictl  to  the  lords  at  two  &cTera1 

tiuna  pt  eviou»  to  his  trial,  and  has  since 

fittlbiii^  lo  yoar  r^^      :  "  That  he  made 

tMllE^oi]  to  lot  d  i  >  tatid  god -fat  her 

li  Ml  child  for  the  rreTpnier,  intendmi^  that 

%m  msirk  of.  kitidaeas    fiorti  the  Prdteoder 

Aonld  serve  as  a  credctitial  to  lotd  Orrery  to 

bioCie  biKii  t4f  converse  frc^cly  with  hiiu,  in  re- 

Iriofi  to  ikie  Pretender'n  affairs  :  that  then*  ac* 

4piotat3ce  bavilie  heg^un  in  this  niauner,  lord 

Ufn-ry  mmiI  to  hitn  to  enquire  into  the  Pl-e* 

tM«l«r*s  cluractcr  and  qualifications,  and  asked 

\itii  Ht^^nil  fioies,  wlieihcr  he  had  any  recom' 

I  from  the  Pretender  lo  any  person  ? 

ti  his  nns^ering:  No ;  im  lordship toM 

1  to  be  an  honest  man,  and 

iiy  should  be  always  wel- 

o^iii^  tQ  Inm^wbedier  they  had  any  credentials 

m  ort  :    that  he.  Layer,  then  ifave  his  lord>«hip 

:ut  of  what  had  pasi^eil  lietween  the 

and  him  durinx^  his  slay  at  Rome, 

*      '     '  Jiip  what  h>()es  there  were? 

hip  answered,   that  there 

I   dii  the  nation  were  g:cnerully 

emleFf  except  EUi-h  as  had  phices,  or 

«e   to  them   from    the  ^oviTonjent, 

lord  Orrery  fiirUi'^r  told   htm,  that  lord 

wr  Harry  Goim^,  lord  Sirafluid  and 

were  ifoini^  to  do  a  rash  thiu*^  tu  favour 

'  Preteoder,  whieli  he,  lord  Orrery,  was 

for,  Utcduse  it  wonhl  prore  ahurtlve,  and 

lis  succeeding  another  time :  that  Layer 

*  '  n,  who  wai*  to  have  the  eoinmaudF 

Orrery  udd  hnu,   he  hehe?ert    lord 

III  Grey  wa»  to   have  the  oummaml, 

.  ttie  said  lord  had  a  c!omniis$iiiu  from 

that  the  ford  Orrery  ailleiL  thi« 


he  wu  not  popular  enon^b,  that  (he  diilte  of 
Oniiond  would  he  fit  for  It ;  and  if  they  had 
him  here,  hi«  lordship  bdieved  most  of  the  sol- 
diers would  join  him:  that  he,  l^ayer,  cmdi* 
nned  to  press  lonl  North  and  Grey  on  ttiis 
head,  hy  telling  huu,  that  be  w^  Itttef  for  a 
{Tetieral,  and  wn^  popular;  (he  said  lord  an- 
iiwered,  no,  tlie  duke  of  Ortnond  nnn  i\\r  man, 
he  was  the  soldievs'  diirling'.  That  he,  Layer, 
otVen  lalke<l  of  this  ulfuir  to  the  lord  North,  be- 
ing induced  so  lo  do,  by  the  impatieuce  he  ob- 
served in  him,  and  jti  lord  Orrery,  thai  socnc« 
thini^  Uiould  he  done.'* 

Mfltthew  Piunkett,  Serjeant  of  in?aUd*,  has 
dqio^ed  upon  oath,  *♦  That  Layer  tohl  I  ' 
July  bill)  that  the  duke  of  Orm'ond  woti 
in  a  single  sliip  witli  sorae  officrrs^  and  m;it  u 
had  been  don^  long  u^^o,  if  the  Frenrh  umbas* 
sador  had  not  been  told  ol  it^  who  toUl  it  agaiti 
to  the  king." 

It  appeal^  to  your  committee  fVom  sererU 
depiisrtrons  on  oath,  a^  well  as  from  infortna- 
tiona  and  written  iDtelligfence,  that  in  conse- 
fjuence  of  this  design  of  briuiring  ott-r  the  late 
d nice  of  Of moud,  Oil ptain  Charles  Halslead,  a 
Lancashire  man  (who  was  concerned  in  the 
iuMirrectfun  inteiid(*d  at  Oitford  in  t^e  year 
1715,)  set  sail  Iroiii  the  river  for  Bilho«,  about 
the  12ih  day  of  March,  1721  2^,  on  board  the 
ship  Phineas  of*  Briiilol,  William  Arnold,  mas- 
ter, with  a  provision  of  arms  and  powder  on 
board,  which  one  of  the  saifors  on  uis  eXfttiil- 
natiou  declared,  "  He  apprehends  to  hare 
been  greater  than  waa  necessary  for  an  ordi- 
nary tt-ading  woyage.  That  the" said  ship  was 
hired  at  100/.  freight  per  month,  20Of  being 
paid  in  advance  (as  Halslpad  himsejf  owued^) 
and  had  no  goods  nor  any  passenger  on  board, 
except  the  said  Halstead»  who  went  hy  the- 
name  of  No  well,  and  was  known  to  the  master 
and  sailors  by  that  name  only,  duimg  (he  vo^'^ 
age  to  ^pain.  That  the  said  ship  was  cleared 
at  the  cuhHom- house  in  ballast  for  Uhhm  ;  but 
that  ivht-n  they  came  into  the  hay  of  Discar* 
the  makter,  h  ho  had  orders  to  follow  NowelPs 
directions,  gave  private  instructiuns  10  the  pil^t 
to  steir  to  Bilboa  ;  that  they  arreted  (liere  on 
the  $5th  of  March,  O.  S.  and  thtit  Halstrad 


w<>ut  on  uUore.  and    lay  that  uii^'ht    at  Mr, 

^au«e  not  duly  cuiic*^  rted,  nor  |  Biown*«,  un  Irish  mprchani*  anil  the  next  day 

n  forceu,  ivilliont  which, be  i  went  forv^ard'tiowards  Madrid,  being  furnished 

y  must  be  more  th«iri  mad- I  "With    horsea  hy   the  saul    Brown,  on    i>hicb 

.o  Mks  thing  to  etTect  for  the  ,  journey  he  was  absent  uImjoi  a  turmight ;  that 

\  ice.     That  he,  Layer,  the  next    during  his  ab<ience,  a  report  wrh  current  all 

over  the  town  of  BdlMia,  arid  particularly  among 
the  comeuts,  that  the  «aid  ship  wa4  come  to 
fetch  over  the  di:ke  of  Oimond,**  And  Tho* 
mas  Carter,  one  ol  ttie  sailors  ot  the  said  ship, 
who  was  employed  hy  (iatstead  to  wait  on  hiin 
as  a  serf  ant,  has  deposed  upon  oath,  **  That 
three  days  after  the  said  NowelTj^  rHoin,  the 
deponent  heard  lum  projio^t  to  go  lo  the  above- 
nauieil  captain  Arnold  to  carry  the  bte  duke  of 
Ormond  and  (bur  other  passenger!^  to  England  ; 
which  the  said  i-aptain  Aruofd  rel using  to  do, 
the  Stttd  Now  ell  ius»Htcd,  saying,  tlie  ship  was 


,urd  North  and  Grey,  which  was 

encampment  of  the  troops,  aa^uuint- 

ith  what  lord  Orrery  had  suiil  HbouL 

liie  nistineM  ot  the  design  ;    that  loid   North 

ttrtj  ilrry  replied^  lord  Orrery  was  a  timorous 

1 1  was  always  making  dtfficuttie!!,  and 

Jt  of  his  own  braiu;    thai  he  knew 

I  otdd  know  ;  hut  that  it  wa^  Ids 

opinion,  the  Pretender  might  he 

i  y  the  people  of  England,  without  the 

(  e  of    any  Ibreign   force.      That   he, 

'  "     '  to  lord  North  and  Grey  of  his 


general  ^   but  lot^  Nforlb  said,    bb  so  long  as  be  |>aid  the  btre  of  ber^  aud  the 


ssii 


9  GEORGE  I.  Proceedings  againti  Bishop  Atierhuriff 


tracres  sod  \  ictuallinpf,  and  they  had  hi^h  words 
upou  it.  Carter  farther  deposed,  that  Halstead 
receired  a  letter  directed  to  colonel  Nowell  But- 
ler, ivhicb  i«a8  the  name  the  said  Nowell  ivent 
bv  when  be  was  in  Spain.  That  when  the 
ship  was  released,  tbey  plied  off  and  ou  about 
four  hours  off  St.  Andero,  expectin(|^  somebody 
to  come  oir  in  a  boat ;  but  uouoily  comini^,  and 
nijj^bt  drawing:  on,  they  made  the  best  of  their 
way  to  England,  and  arrived  in  the  Downs  the 
beginning  of  July  last"  Allison,  who  came 
OTer  to  Enfflaud  a  passenger  in  the  said  ship, 
bas  de|M>sed  upon  oath,  <*  That  he  lefl  Madnd 
on  the  4tb  of  June,  N.  S.  and  that  some  time 
before  be  came  away,  the  late  duke  of  Orraoud, 
-who  bad  resided  a  considerable  time  at  Madrid, 
iiad  sent  away  bis  horses  and  equipage  from 
thence,  and  put  his  servants  on  board -waq^es, 
and  that  it  was  reported  be  was  to  go  to  Ven- 
tusilla.  That  be,  Allison,  upon  his  coming  to 
Bilboa,  found  the  ship  Phineas  bound  for  Eng- 
land, but  stopt ;  that  he  agreed  to  take  his  |)as- 
sage  on  board  her ;  and  gomg  to  the  corregidor 
of  fiilboa  for  a  pass,  be  found  there  Mr.  Brown 
a  merchant,  and  one  who  went  by  the  name  of 
Kowell;  that  Brown  asking  tne  corregidor 
why  the  ship  was  stopt  ?  He  said,  it  was  not 
the  ship,  but  Nowell's  person  that  was  detain- 
ed, bv  orders  from  Madrid  ;  that  he,  Allison, 
heard  a  report  at  Bilboa,  that  the  late  duke  of 
Ormond  was  on  the  coast  in  disguise,  and  that 
Nowell  had  been  at  Madrid,  and  come  back 
again  in  15  days;  the  expedition  of  which 
journey,  and  the  ship's  coming  in  ballast,  had 
raised  a  suspicion  in  Bilboa,  that  Nowell  came 
over  to  the  late  duke  of  Ormond,  on  account  of 
the  conspiracy.  The  sailors  observed,  that 
during  Noweirs  stay  at  Bilbua,  brigadier  Camp- 
bell (a  person  concerned  in  the  Preston  rebel- 
lion) was  frequently  on  board  with  him,  but  did 
not  care  to  own  his  name."  The  same  parti- 
culars are  confirmed  by  letters  from  sir  An- 
thony Wescomb,  who  was  sent  to  Simin  to 
gain  intelligence,  with  several  other  circum- 
stances relating  to  ships,  arms  and  recruits, 
provided  for  the  Pretender's  service  in  Spain. 

During  these  transactions,  colonel  Stanhope, 
his  majesty's  ambassador  at  Madrid,  who  does 
not  appear  to  hare  known  any  thing  of  this 
ship's  being  come  to  Bilboa,  having  received 
intcllifircnce  from  other  hands,  that  the  duke  of 
Ormond  was  preparing  to  set  out  for  England 
with  8011)1*  Irish  uiHccrs,  in  order  to  put  him- 
self at  the  hcud  of  the  rebels,  obtained  orders 
from  the  court  of  Madrid,  to  hinder  the  late 
duke  of  Oiinond's  embarkation,  as  will  appear 
more  fully  in  the  remaining  part  of  this  Re- 
port. 

In  consequence  of  ilipse  orders,  the  king  of 
Spsin's  ofiircrs  caine  on  board  the  ship,  and 
laid  au  embargo  u|>on  her  for  about  a  fortnight, 
till  Halstead,"finding  himself  disappainted  of 
bis  design,  agreed  that  part  of  a  cargo  of  wool 
and  iron  should  be  put  on  board  the  said  ship 
bv  Brown  and  Slingcr ;  and  then  fetomed  to 
England  with  one  Maxwell,  whom  the  ipsi>»i 
iiDderatooU  to  be  a  lelatioB  of  IIm  I 


Marr's,  and  two  other  passengers,  and  a 
in  the  river  about  the  7th  or  8tb  of  July 

About  the  beginning  of  May,  a  left 
intercepted  here  coming  from  Spain,  d 
to  Mons.  Dnmville,  procurcur,  and  in 
under  cover  to  one  Wilmore,  at  Mr.  Si 
bookseller  near  Charing  Cross.  'Who  is 
by  the  name  Dnmville,  the  committee  hi 
been  able  to  discover. 

In  this  letter  was  enclosed  the  copy  of 
ter,  which  the  committee  have  reason 
lieve  was  from  the  late  duke  of  Orni< 
some  persons  abroad,  the  initial  letters  of 
name  is  discovereil  by  the  decypberers  to 

The  letter  to  Dnmville,  as  well  as  th< 
of  the  late  duke  of  Ormond's  letter,  wi 
partly  in  cypher ;  and  among  the  words 
cypher  several  fictitious  names  were  ma 
of,  which  the  committee  observe  is  thi 
also  in  several  others  of  the  intercepted 
referred  to  them. 

It  was  reasonable  to  expect,  that  in  m 
ing  correspondences  of  so  hazardous  a  i 
all  sort  of  art  and  industry  should  be  use 
all  the  help  of  cyphers  and  jarc^n  called 
disgfuise  the  real  designs,  and  to  couce 
true  names  of  the  persons  concerned,  in 
to  their  avoiding  the  danger  of  legal  con vi 
but  your  committee  likewise  ol^rve,  tb 
vera!  of  these  disguises  are  so  groa»  an 
vious,  that  they  only  serve  to  betrav 
selves ;  others  of  tbem  are  explamed  I 
skill  of  difTerent  decypherers,  agreeing 
same  explication  ;  which  explication  is 
confirmed  by  facts  unknown  to  those  p 
at  the  time  of  the  decypheriug.  Othe 
explained  by  cyphers  and  lists  of  dc 
names,  seized  on  the  conspirators  them! 
as  well  as  by  comparing  toe  several  pa 
their  correspondence  together;  ana  i 
again  by  direct  informations  upon 
And,  as  the  degrees  of  evidence,  in  a  f 
of  this  nature,  must  be  various,  the  comi 
have  taken  all  the  care  they  can  to  distin 
what  appears  to  them  fully  proved,  from 
is  sup^mrted  by  strong  and  probable  conje 
only. 

In  this  letter  to  Dumville,  dated  the  2 
April  1722,  (N.  S.)  mention  is  made  of  i 
ing  publicly  known  in  Spain,  by  letten 
Bilboa  and  other  parts,  '*  That  a  ship  ca 
Bilboa,  with  an  express  to  Ormond,  in  or 
bring  Ormond  to  England ;  that  the  sa 
press  went  to  the  place  where  Ormopd 
that  this  made  so  much  noise,  that  it  wi 
ccssar^  to  send  to  England  with  all  p( 
dispatch ;  that  a  ship's  coming  with  I 
only  gave  occasion  to  those  reports,  an 
in  order  to  stifle  them  it  was  necessarjr 
in  the  ship  g(K>ds  for  England  ;  that  this  < 
be  a  considerable  expence  to  Tom,  who  I 
that  friends  will  consider  it,  and  send  I 
pooriblea  greater  supply  than  the  flv« 
sand  ponndi  that  he  wrote  for  in  hk  a 
dth  and  iOth  of  Aoril  i  thii*  *>>«  U 


tmd  others f /or  a  Treoiomhle  Conspiracy* 


A.D-  IT^J. 


rsM 


nc  mcBQiittre  ore 

ami  KLi, 


.1 


^ 


of  ojviinon,  tliat  hv  B.  is 


•■.-.  Hrowu  htwi  iwdvetliua- 
"  ;!odv  for  Ihe  service  ofllic 
I .  li  is  nlgo  firoveil  by  the 
>  ^il  wail  fieqiientJy  id  coin- 
Brown  an  J  his  nc^UtwSf  and 
,ii  his  houtie, 
'^  kt  n  utL*ut  hy  Tom  in  the  saiikletter,  tbp 
QBafli#e  will  not  tuke  upan  them  to  d^Her- 
■»  ^    K  ■    'ifFe  it  n  id  appear  probable 

»ci  1  the  conncxiOQ  ami  other 

Oif^Biwmnc^^j  iiiiii  It  luii^t  [fiean  ilie  late  duke 
i#(lnniMHl. 

TWnrrtnti  that  irrltes  thts  letter  to  Dum- 
Hk^mdm,  •*  Thnt  since  Blrs.  Chaiimoot  con- 
ft«  Qif«t  Ormoud  at  nuy  pUce  on  the  road,  it 
kjitolul<fi%  iifC«u«ry  that  Ormond  should 
W  »«  gixxl  a  preparation  of  arms  as  cau  be 
bit^cTc,  Itrr  to  make  it,  be  will  waot 

mmtotuKi*^  J    I  lends/* 

tW  mttM*  [»«r»oti  ftay^,  that  he  bad  that  day 

mtm*^  m  Ultfr»  iai^u^rting^    *'  That  M 

\  gtl  more  arms  it'  ht^  had  more  money.*' 

eomrotttee  are  of  opinion,  that  by  M 

Ittfltttt  3It^gan,  %^ho  \t  mentioned  m  sef«i-al 
intQ  Spain,  as  in  tend  ant  of  the  Pre 


and  trrr 


thy  ft  teiiL 


r>d  active  in  procunng' 
^  letters  are  cod  firmed 
Revolution  at  Genoaf 
I  ain  8cot*s  letter  iVom 
the  chief  care,  trying 
:  which  is  n^ahi  con- 
1  Anthony  Wescomb 


\  ibtt  writes  to  Dimnville,  farther 

,  **  That  Oifor>nd  bopea  Onslow  and  Ilair- 

[lif  mil  •rmf  R   [inrt  of  the  money  they  have 

'imond  j  for  Ormond  upon 

,eni  credit  to  M ;  he 

lli.miiilc  to  mind  ihis,  and  not  to  loie 


Wlii  Mm  meant  by  Onslovr  snd  Hawley,  the 
CinDut  urtermine ;  but  they  are 
bdiete^  that  they  are  tlie  same  per- 
ls at&otber  letter,  rocloi^ed  to  Wit , 
ftdcr,  and  writ  in  the  same  cypher, 
lUis  decyphcrers  to  haire  the  luitial 


Vakr  ir    nanir- 

'^  C ami  N ;  iu 

r 

tlie  naore  confirmed. 

r 

r.iiplunkett,  in  which 

1    liariJT 

irr  with  G.  are  con- 

dr*f»^m 

ions  on^  beginning* 

l^' 

•  ingin  the 

1 

c  KiterN. 

1 

u. 

i  '' 

I't^  ahoTe- mentioned, 

!»• 

*-r  from  the  late 

I> 

^i»ju:ntto  Ditm* 

; 

itnid  men* 

^ 

^ 

uat  bm  had 

procured  ten  tliotisarid  ariui,  and  ridrisies  the 

joining  sti>ck8  with  II ,  since  th<*y  cannot 

linre  too  many  arms  ;  and  aay«  he  con  only 
depend  on  two  thous&od  arms  frotu  M—*< — 
(Morgan  probably);  but  thnt  he  could  hira 
had  mure  anns,  ii  he  had  had  more  money. 

The  committee  observe,  that  thin  account  of 

lO.OOD  arms  [irocured  by  D ,  and  of  $,0(K> 

by  M — -,  oirrers  exactly  with  an  account  «ent 
600&  aftt;r  from  Mr*  Stuubope  at  Madrid^  and 
confirmed  by  sir  Anthony  IVescomb,  th&t  lijOOO 
arms  were  lodge<l  in  the  bands  of  Drown  at 
Bilboa  for  ihe  Pretender's  service ;  and  thot 
Morgan  was  ordered  to  the  Bay  of  Biscay,  \m 
order  to  transport  the  t»aid  arms  to  Et};;laud« 

The  committee  take  notice  likewise,  that 
the  very  same  number  of  arms  is  meuttoneil 
in  a  letter,  writ,  as  tbey  have  good  reason  to 
believe^  by  Georg^e  Kelly,  lo  general  Dillon's 
secretary  ;  and  the  arms  are  there  spoken  tif, 
as  provided  by  ^Iansfield*s  relations^  which 
name  Georf^e'  Kelly  explained  to  Ncynoe  t9 
mean  the  Ute  duke  of  Onnond. 

The  circumstance  of  Kelly's  mentioning 
these  arms  to  Dillon's  secretary,  makes  it  pru^ 
hable*  that  by  D.  in  Oi'mond*s  letter,  is  meant 
Iho  said  Dillon,  who,  as  your  committee  are 
informed,  is  an  Irish  Roman  Catholic,  and 
quitted  Ireland  on  the  capitulation  of  Limerick, 
and  is  at  present  a  lieutenant-general  in  the 
French  service,  and  has  the  command  of  one 
of  the  Irish  regiments  in  France;  and  he  ap- 
pears to  your  committee,  from  several  parts  of 
the  intercepted  correspondence,  to  have  the 
chief  management  of  the  Pretentler^s  affairs, 
and  to  l>e  the  principal  agent  and  director  of 
carrying  on  this  conspiracy. 

Ormond  in  his  letter  to  L—^-*  afterwards 
says,  *^  That  since  the  parliamcut  is  dead  and 
gone,  he  thinks  it  will  be  a  good  time  to  make 
an  eftbrt  when  the  elector  is  gone  to  Hanover; 

and  adds,  I  hope  you  have  agreed  with  U 

the  time  of  going'for  £n;^Iand,  and  when  that 

is  fixed  between  Mrs  Cbaumout,  and  D , 

you  will  let  Ormond  know  the  place  of  landing 
m  England.  I  desire  an  express  niav  be  sent 
to  me,  with  particular  accounts  of  what  is 
agreed  on."  This,  tlie  committee  take  noliye, 
ogreea  with  Mr.  Stanhope's  intelligfoce,  that 
Ormond  was  going  for  England,  and  likewise 
with  intelligence  aent  from  llome,  that  the 
Pretender  was  to  embark,  as  noon  as  I  wo  offi- 
cers, relations  of  the  late  duke  of  Urmond« 
should  arrive  at  Porto  l^ingone ;  which  cir- 
cumstance makes  it  not  improbable,  that  by 
Mrs.  Chaumont  may  be  meant  the  l*retendcr« 

la  Che  same  letter  to  L ,  Ormond  «ayf« 

**  I  have  ordered  II *s  ship,  that  1  de- 
pended on,  to  return  to  England  ;  it  was  not 
proper  to  make  use  of  tt,  tor  reasons  not  ne* 
ce»(sary  to  trouble  you  with.  There  was  ne 
*     '         lecaus<.»  ctf    '  cr- 

j^vtitng  t'  ' 

linii    l*k**"' .j.'^  f  J    Lin     i."'lJ 

evidently    rHatc^    to    ! ' 
mentioning  his  cendifi;,^ 


Upon 
he  im- 


4 


^ 


mv'hiirty  adds,  »*  1  have  Of d*rtd  H r'«<lkif 


•35J 


9  GEORGE  L  Proeeedingi  agamti  Bishop  AUtrhir]/^ 


to  come  to  A~- ;"  which agreett  exactly  uitli 
Mr.  Stanhope's  account,  that  Mor^ao'a  ships 
were  ordered  to  the  bay  of  Biai^a) ,  to  traDS- 
port  to  Eoij^and  the  arms  above- mentioned, 
togfetlier  with  Ormond,  and  what  officers  (*ould 
be  got ;  and  it  appears  by  subainiuent  letters 
from  sir  Anthony  Wescomb  at  BJlnoa,  that  the 
said  ships,  under  the  command  at  Mnr^ij,  did 
put  in  at  Sainto  Andero,  which  the  committee 
understand  to  be  the  niace  meant  by  A—,  to 

which  Ormond  says  oe  had  ordered  M 's 

ship  to  come.  Tlie  said  ships'havingf  put  iu  at 
Andero,  ami  staid  there  fiUeen  days,  is  a£>:iin 
conGrmed  by  a  letter  from  Genua,  writ  b^ 
captain  Gardiner,  who  commanded  the  ship 
Revolution  lately  taken. 

Soon  ailer  this  letter  to  Dumville,  another 
was  intercepted  here  coming  from  Spain,  di- 
rected A  Monsieur  DodsworUi,  not  signed,  en  • 
closed  under  cover  to  Wilraore  as  the  former, 
and  writ  in  the  same  cypher  ;  the  most  ma- 
terial paragraph  of  which  is  thus  explained  by 
the  decypherers. 

**  I  aaust  again  entreat  you  to  use  your  ut- 
most endeavours,  to  get  tlie  5,000/.  from  friends 

returned  to  O directly ;  the  hopes  given 

by  G to  I'xpcct  a  ^reat  sum,  and  by  N , 

that  he  had  raised  20,000/.  induced  O to 

supply  M ,  and  to  make  other  necesNary 

provisions-     If  Uiat  money  be  nut  returned,  it 

will  fall  heavy  u[M)u   O ,  and  he  will  be 

disabled  from  answering  the  expectation  of 
friends,  therefore  ought  to  be  your  first  and 
greatest  concern.  All  other  actions  are  trifles 
in  comparison  of  it ;  for  the  hopes  of  success 

depend  principally  on   O .    I  mentioueil 

thi^  in  former  letters,  and  friends  are  desired 
to  return  more  than  5,000/.  if  possible.  If  they 
do,  more  arms  and  amnuinitinn,  and  officers 
can  be  had  here  ;  and  the  end  of  raising  money 
by  friends,  is  to  procure  arms,  am  munition  and 
offir^i-s." 

To  whom  these  letters  were  writ  does  not 
appear ;  but  the  committee  observe  tliat  they 
are  writ  in  the  same  cypher  with  three  letters, 
which  they  have  grounds  to  believe  were  from 
the  bishop  of  l{;ocliester.  They  observe  like- 
wise that  the  same  cypher  is  sometimes  made 
use  of  by  George  Kelly. 

Mr.  Stukoe  the  bookseller  being  examined 
about  Wilinore,  under  wiiuse  cover  these 
letters  to  Dumville  and  Dodsworth  came  en- 
closed, could  give  no  other  account  of  hini, 
but  that  he  was  one  who  once  writ  a  letter  tn 
hin  shop,  and  desiretl  him  by  a  letter,  (<ated 
Epsom  the  first  of  March,   1723.  to  take  in 


committee  of  lords  of  the  conpcil,  dfid 
**  That  tbe  first  design  in  the  sprinjf  w 
have  been  executed  in  London  by  setsini 
Tower,  and  that  the  late  duke  of  Onnoni 
then  to  have  landed  in  the  river ;  but 
discovery  of  the  plot,  and  the  Idng's  not  | 
beyond  sea,  it  was  put  offlbr  some  lime; 
the  bishop  of  Rochester,  lord  Orreiji 
North,  and  sir  Harry  Goring,  were  the 
cipal  leailers  and  directors  of  the  whole  da 
and  that  Watson  (whom  he  took  to  be  tfa 
earl  marslial)  had  told  him,  lord  Nortl 
Grey  was  thought  of  for  the  commtand." 

On  the  29th  of  April,  O.  8.  inUdlii 
came  from  France,  **  That  the  week  i 
the  late  duke  of  Ormond  had  made  ap| 
tioii  to  til  e  regent  by  a  person  of  great 
tinction,  for  leave  to  pass  through  Fr 
under  a  pretence  of  going  into  Italy ;  bnf 
the  regent  had  absolutely  refused  him,  a 
the  same  time  had  di<i*patched  the  nece 
orders  to  the  fronticni  of  S])ain,  to  hiodei 
from  passing  either  Ojieidy  or  in  disguiaw.' 

On  the  2ud  of  May,  O  S.  sir  LokeSd 
seiitaflvLce,  *<  That  one  I^icsley  had  becnii 
ing  out  for  lodgings  at  Paris  for  the  late  i 
of  Ormond  ;  and  on  the  9th,  that  aldei 
Barber  carried  with  him  bills  of  exchange 
50,000/.  sterling  for  the  Pretender;  and 
the  same  sum  wa^  si^nt  to  Ormond  by  anc 
hand,  to  %*\v:.  ,\\.'  hm)  to  m»kc  the  heoei 
preparations  in  Spain  and  Italy."  The  ( 
inittee  obser\  e,  that  this  agrees  as  to  tb 
vision  of  the  money,  with  a  passage  m 
ther  letter  from  Dillon's  secretary  to  Ge 
Kelly,  dated  the  second  of  May,  N.  S.  w 
will  iie  farther  explained  iu  its  proper  plao 

On  the  2drd  ol  May,  O.  S.  air  LukcScl 
sent  ailvice,  ^«  That  the  late  duke  of  Om 
was  to  s«H  out  from  Aladrid  about  tlie  20i 
that  month,  with  his  family',  without  its  b 
known  whither  he  was  going ;  that  it  wai 
lievkd  he  would  give  out  that  be  was  goin 
settle  at  a  certain  distance  from  Madrid, 
whence  he  might  steal  away  afterwards 
observed." 

On  the  28th  of  May,  O.  S.  Mr.  Stan 
writes  word  from  Madrid,  ^*  That  having 
intelligence  to  be  relied  on,  that  the  late  < 
of  Ormond  intended  speedily  to  pa^  into  ] 
land,  with  a  great  number  of  Irish  office 
that  time  in  the  service  of  his  Catholic 
jcsiy,  in  order  to  put  himself  at  the  be 
the  rebels  there,  and  for  tUai  parpose  w 
set  out  from  Madrid  the  next  day,  uniler 
tence  of  ij[oing  foi-  the  rest  of  tlie  suiami 


1722, 
such  French  letters  as  should  come  directed  to  i  V'-ittosilla,  a  house  of  the  duke  of  Medina 
him;  and  by  another  letter,  dated  Harwich  j  half-way  bet vie<*n  Madrid  and  Bilboa,  b 
the  14th  of  May,  desired  him  id  take  in  no  |  reality  to  be  thereby  reailier  to  pass  to 
more ;  that  he,  Sioko<>,  did  rect  ive  two  letters  i  port,  and  with  less  suspit  ion  li  emiiark 


from  abroad  so  directeil,  which  were  letche<l 
away,  and  paid  for  by  persons  to  him  un- 
known. 

That  the  late  duke  of  Ormond  was  ex|»ected 
to  head  an  insurrection  in  Engiaiii!,  is  faituer 
ConBrmed  by  the  following  particulars : 

Neynoct   upon  bis   •Kaniaalion   betore  .a 


thence  for  Eugland,  u  heuever  mattcn  si 
be  ripe  for  h.s  so  doing;  >jt' made  applie 
to  his  f?atiiolic  majesty  iiy  the  aian|ui 
Grimaldo,  for  orders  to  oe  sent  to  all  the 
of  Siiain,  to  prevent  tbe  said  late  duka^ 
barking  with  tbe  officers  above-n — *^ 
and  received  a  letter  tram  Iht , 


8S7]  «nrf  others^ Jbr  a  Treasonable  Conaphacy.         A.  D*  I7SS. 


tSSB 


(a  copy  of  ithicb  it  annexed  to  Ibis  |  iioned,  ti£.  tbe  bishop  of  Rocbester  and  lord 


1}  meafoinijiag  birO)  that  Ihe  kio^  of 
Had  directed  tacb  orders  to  be  issued, 
ttd  wiEi  read  J  on  all  ooctsions,  more  particu* 
Itflj  0m  tbb  wbicb  regarded  tbe  quiet  and 
twlMmiai^  of  bb  BriUnnic  ntajesty*s  king- 
dm«,  to  oooirilHite  all  in  bia  power  towards 
Ui  amje^y*^  satiafaction." 

Aadrew' Pander,  formerly  captain-lieutenant 

«f  krd  Cobham^s  dragooQi,  bas  deposed  upon 

wik,'**  That  being  g^rown  intimately  acquaint- 

«l  wik  8keene  (now  to  custodv)  a  person  re- 

Iril/tO  MaiT^  and  en^raged  in  tbfi  rebt^liuns  of 

I   nnd   Glenshi'fld,  Skeenc  began  to  ac* 

bim,  about  June  Ini^t,  that  there  was  a 

carrying^  on  in  England  for  plscluef  the 

■  ~  OD  tbe  ibrone,  of  wbicb  he  at  diffe- 

totd  bim  tht!  follovring"  parliculurs: 

or  eight  battalions  oF  Irish  l'o<jt,  double 

,  were  to  have  come  over  from  Spain, 

were  quartered  upon  the  coast  of  Giilli- 

ttiat  purpose  ;    ibat  the  nine  Spanish 

ofv^mr  which  ha?e  joined  the  Dutch,  and 

~         lo  have  been  fitted  out  at  Barcekotia, 

at  AticanU  (ss  he  best  remembered) 

.  all  sixteen  Span  is  b  men  of  war,  were 

been  employed  in  this  service.     That 

troops  were  to  hate  landed  either  in 

wall,  or  near  Bristol:    Thst  there  were 

«tand  of  arms  in  Great  Brit:im,  part  in 

IcOllftodf  other  part  in  London,  other  part  in 

Sriiltfli  and  other  part  in  Cornwull.   That  there 

were  7  or  800  men,  with  ofEcers  among  them, 

m  LsodoQ,  iubsistet),  and  in  readisiess  for  such 

•i  oeeasion.    That  a  sum  of  200,000/.  ha^l 

Im9  raised  by  contribution  for  carrying  on  this 

desiifi),  snd  put  into  the  management  of  the 

IMap  of  Rochester,  who  with  tlie  lord  North 

aid  Grey  were  tbe  leading  men  among  them  ; 

mtA  Ibat  tbe  lord  Strafford  snd  lord  Kinoole 

kttfw  Uie  tbtog*    Th^t  the  managers  of  this 

sJhir  in  Spain,  were  the  late  duke  of  Ormond 

■Mil  ttie  late  earl  marisbal ;  and  those  in  France 

tbtlaie  lord  Marr,  and  lieutenant  genera!  DiU 

tea.    That  tbe  court  of  Spain  was  in  their  in* 

tcrest,  but  as  to  the  regent  and  cardinal  Du 

Boiit  tbey  ooutd  not  tell  what  to  make  of 

Ifcnii:  Thai  this  design  was  to  have  been  exe* 

«ned  iome  time  af^,  but  was  then  disappointed 

1^  tlie  regent :  That  the  late  duke  of  Ihmond, 

Wbi  liir  late  earl  marishal,  were  to  bare  cume 

villi  cbe  troops  beforementioned  from  Spain, 

lad  tlie  Pretender  about  the  same  time  was  to 

Wre  lefl  Rome  privately,  and  to  have  lain  con- 

ailed  somewhere  near,  from  whence  be  woidd 

lire  come  over  when  there  bad  been  a  fair 

f»ss|iect  of  success.    That  as  to  any  opposition 

tbty  could  expect,  we  had  but  14,000  men  in 

ill,  of  wbicb  3t000  vrere  necessary  to  guard 

Jjodoo,  3,000  more  for  Scotland,  and  S^OOQ 

iir  ibcfi^rrtsons ;  so  that  the  remainder  wotdd 

isivor  dnre  to  attack   those  who  came  from 

8p^n :  and,  in  the  confusion,  their  (meaning 

Icoder's)  friends  would  have  been  able 

ipoi  together,  and  made  a  bead.    That 

aooduet  ol'  ibis  afisir  there  passed  little 

Ib  trriting,  and  oolj  tlie  tear  lords  before  i 

VOL.  XVI. 


North  and  Grey  principally,  and  lord  Stra^bnl 
and  lord  Kinoule,  were  concerned  in  tbe  ma» 
Digement  of  it  here.  Tliat  the  husioes»  was  10 
have  been  done  before  tbe  Dutch  troopii  could 
come  to  our  asststunce.'^ 

The  committee  have  laid  these  several  parti* 
culars  together,  though  of  different  dates,  that 
the  House  may  see  at  one  view,  ihe  ifason 
there  is  to  believe,  that  the  late  duke  of  Or- 
mond was  to  have  landed  in  Englamt  with  otH^ 
cers  and  arms  about  the  time  Uiui  it  wasgme* 
rally  supposfd  his  majesty  intinjdcd  lo  go  to 
Hanover,  The  reason  of  Ormondes  nni  com^ 
ing,  is  sufficiently  explaint^d  by  the  orders  is- 
sued at  Madrid  and  in  Franre,  by  the  king's 
not  going  abroad,  and  by  the  discoveries,  8nd 
disposition  of  the  forces  made  in  Enirland, 
And  notice  is  taken,  in  letter!^  to  one  ot  hi!*  ma* 
jesty*s  secretaries  of  state  from  Rome,  that  a 
person  of  great  distinction  at  thai  place,  bad 
declared  it  as  bis  opinion,  that  the  grand  pro- 
ject formed  in  the  conclave  for  placing  the  Pre- 
tender on  tiie  throne  of  Britain,  was  going  to 
he  put  in  execution  ;  but  that  the  same  person 
afterwards  assigned  four  reasons  for  its  baviu|f 
miscarried ;  which  were  the  xvant  of  money^ 
tbe  suspected  faith  uf  the  regent,  tbe  want  of 
skill  in  thoRe  who  were  to  coudiurt  it,  and  tbo 
pUBillanimity  of  the  Pretender,  who,  to  avoid 
ba/ju'ding  his  own  person,  piO|i06ed  to  setid  bhi 
child  :  which  lost  particular  is  again  mealAoned 
in  another  letter  from  Rome. 

The  committee  now  return  to  shew  whtt 
other  evidences  they  have  before  them,  of  m 
design  laid  for  beginning  au  insurrecdoa  ia 
London,  at  the  time  when  it  was  supposed  the 
king  intended  to  go  to  Hanover. 

About  tbe  latter  end  of  April,  bis  m^estv 
received  intelligence  from  abroad,  upotJ  wbidb 
be  can  entirely  depend,  '^  That  a  design  wis 
laid  for  bringing  jn  the  Pretender,  which  mum 
thought  to  \S^  so  welt  concerted,  and  conducted 
by  persons  of  such  experience,  that  if  the  secret 
M-as  but  kept,  as  was  proposed,  the  success  wae 
looked  upon  as  infiillihie ;  and  that  it  was  to  be 
put  in  execution  uboiit  the  end  of  April,  or  be* 
Grinning  of  May,"  The  original  letter  contain- 
mg  this  intelligence,  has  been  commuDicated 
to  your  committee,  and  an  extract  of  it  is  aa* 
nesced  to  this  Report. 

On  tbe  S^tb  of  April,  tbe  same  intelligence 
was  repeated,  with  these  farther  particulars, 
**  That  tbe  conspirators  did  no  longer  think  tt 
iiecessary  to  insist  on  foreign  assistance,  flat* 
tering  themselves  that  great  part  of  the  king*e 
own  forces  would  declare  in  their  favour. 
That  they  now  contented  tbemielva  with  de- 
siring tbe  regent  should  observn  i  neutralitj 
between  his  majesty  and  the  Pretender ;  aud 
that  lord  Lansdowne  was  l^*  preseot|  or  cause 
to  be  presented,  a  memorial  to  Ihe  regent  lo 
this  enect,  that  day  or  the  next.  That  the  de< 
sign  was  probably  to  be  executed  in  London  | 
that  the  beginniiig  of  May  was  the  time  6xed 
00  ;  and  that  the  FMeader  wli»  speedily  to  set 
oi>t  for  England.'' 


I 
I 


I 


939]  9  GEORGE  L         Proceedings  againsi  Bixhop  AiierHurf^ 


[340 


'  Your  committee  do  not  find  that  tbe  above- 
mentioned  memorial  was  presented  to  the  re- 
gent ;  but  in  letters  tr«)m  Plunkett  to  Dill(»n 
they  find  the  same  repeated  id  these  words ; 
'*  If  the  regent  stands  neuter,  we  will  soon 
bring  the  law-suit  to  bear :"  which  Layer  ex- 
plained to  be  the  Pretender's  cause. 

On  the  24th  of  April,  O.  8.  Mr.  Davenant, 
his  majesty's  minister  in  Italy,  Kent  an  exprtfss 
from  Rome,  with  advice,  *'  that  the  Pretender's 
adherents  were  making  preparations  in  Cadiz, 
and  other  ports  of  Spain,  for  an  attempt  on 
£nt;lBnd ;  that  the  Pretender  was  speediljr  to 
embark  at  Porto  Longone,  and  was  retire<l 
from  Rome  for  that  purpose:"  And  it  appears, 
that  the  same  advice  was  soon  after  coiitinned 
to  his  majesty,  by  a  foreign  minister  residing 
in  England,  who  receive<l  the  intelligence  Irum 
a  person  of  great  distinction  abroad,  and  com- 
municated it  to  his  majesty. 

On  the  9th  of  May,  Mr.  Craufurd,  his  ma- 
jesty's resident  at  Paris,  writes  word,  *'  that 
the  Jacobites  in  France  expected  soon  an  in- 
aurrectiuii  in  England,  which  was  to  be  begun 
by  the  heads  of  their  party  here  soon  a(\er  his 
majesty's  setting  out  for  Ilanover,  and  was  to 
be  supported  by  Irish  officers  and  soldiers,  who 
lay  ready  at  Cadiz,  besides  such  as  should  be 
able  to  pass  over  into  England  from  France  by 
stealth:"  and  in  his  letter  of  the  26th  of  May 
O.  S.  he  adds,  **  that  the  grountis  of  this  ex- 
pectation were  assurances  given  from  England, 
that  the  conspirators  would  immeiliately  make 
themselves  masters  of  the  Tower,  and  city  of 
London." 

This  intelligence  agrees  with  a  paper  deli- 
Tcred  to  the  secreuiries  of  state  of  July  last,  by 
one  of  the  lords  of  his  majesty's  council,  who, 
as  they  have  certified,  assured  them  that  a  per- 
son, whom  he  had  good  reason  to  believe  to  be 
deeply  concerned  in  the  conspiracy,  came  to 
him  in  the  month  of  July,  and  brought  him  a 
paper,  which  he  affirmed  he  had  copied  by 
stealth  out  of  the  scrutore  of  a  noble  loni,  whom 
be  refused  to  name ;  and  that  the  said  person 
writ  out  a  fair  copy  of  the  paper  in  his  pre- 
sence, which  contains  minutes  of  resolutions 
taken  at  a  consultation,  and  is  in  the  following 
words : 

'*  R.  That  the  arms  be  dug  up  immediately, 
and  dispersed  in  suiall  uarcels.  BeeininSuulU- 
warS,  Wbitecbapel,  napping,  Holborn,  and 
Smithfield.  March  into  city.  Possess  the  gates. 
Against  the  horse,  barricades  in  the  narrow 
streets,  especially  at  both  ends  of  Fleet -bridge, 
bhoe-lane,  Fetter- lane  and  Chancery- lane. 
Possess  St.  Clement's  church-^ard  by  a  party 
from  Holbori).  A  strong  barncade  in  the  nar- 
row part  of  that  titreet.  Line  the  two  first 
stories.  Bricks,  stones,  &c.  may  be  useful  in 
the  upper  rooms,  and  may  be  thrown  by  women 
and  others  unfit  to  liear^arms.  Lighu'rs  with 
ammunition  under  coals  lie  at  Blackfriars  and 
Milfocd-lane.  No.  depeudance  or  assistance 
from  WestoriDSter  and  tliose  parts,  except  some 
few  by  water,  the  cvmmunicatioii  being  cut  olf. 
iletaaga  to  ibt  lord  mayor  bjr  thm'lmdi* 


Proclamation  made  to  olilige  all  who  ahall  not 
c(»me  in.  to  hriiig  in  their  iniiskHs,  aud  militia 
arms.  Declaration  ready  printi'd,  to  be  dis- 
persed among  the  |ieople.  Twenty -three  offi- 
cers of  the  Gucinls  to  be  depend<*d  on :  a  g^eat 
many  others  welt  affected,  espeoialij  the  com* 
mon  ceiiiinels.  l)a}i  resoUeilon  Apnl  theSOlb. 
R.  Tbat  forty  deie: mined  iH-mnns  he  imme- 
diately pitched  iipt>n,  armed  uiih  Kttords  and 
pistuls,  to  execuie  all  ordent;  and  iliai  for  tht 
siilMistence  ot  tiie  Ksid  40  ^enikiiien,  money 
be  advaiiceit  out  of  the  fund,  ai  the  rate  of  7t. 
jHT  diem  for  tiiuti  hikI  iiiin>e.  (JuiniDaiMter  in 
chief  lord  N.  Ipiif  se^eii  ill  the  morning." 
"  Dis:  C.  \V.  M." 

The  committee  make  nodoulii  bnt  the  Homa 
will  readily  observe  iliui  this  iSriieine,  drawa 
up  in  April,  and  delivereil  as  Hiortvaid  to  ona 
of  thelrtrds  of  the  rouncil  in  July  last,  has  a 
near  affinity  with  that  of  Layer,  and  appeaiw 
to  he  the  grounilwork  of  it,  though  Layer  de- 
nies his  having  ever  se«>n  any  such  paper  of 
resolutions,  or  having  received  any  iiis-ructioBi 
relating  to  hisHchenie,  except  fnmi  Wifann  a  ' 
surjgeon,  Murphey  a  physician,  aiNl  While  a 
Serjeant. 

The  committee  likewise  observe  fronii  Ibis 
and  Layer's  Scheme,  as  well  as  from  a  letter 
of  Sample's  (of  whirti  notice  will  be  laken  ia 
its  place),  that  the  involving  the  city  uf  LumUA 
in  blood  and  confusion,  appears  to  have  beA 
universally  understood  and  ogreed  on  andoof 
all  the  conspirators,  as  the  first  step  to  be  takeo» 
and  the  foundation  of  their  future  ho|ie8. 

By  another  paper  delivered  in  July  last  by 
the  same  person,  it  appears,  that  when  tlia 
stroke  was  struck  in  London,  there  were  to  b« 
insurrections  in  several  counties  of  England  ; 
and  that  the  numbers  of  gentlemen  and  private 
men,  to  be  depended  on  both  in  liondon  and 
the  country,  were  coinpute<l  and  set  down:  and 
the  committee  observe,  that  the  extending  the 
insurrection  to  the  country,  atler  London  was 
seized,  makes  likewise  a  part  of  Layer's- 
Scheme,  and  Sample's  Letter. 

The  committee  liirther  take  notice  that  in 
these  Schemes,  as  well  as  in  Pancier*s  Depo- 
sition mention  is  made  of  great  <piantities  of 
arms  concealed  for  the  use  ot  the  conspiraton; 
and  Layer  having  confessed  at  his  examinatioa 
before  the  lords,  that  he  supposed  there  wefe 
arms  provided,  and  thatCreen  the  gunsroitb 
being  in  company  with  lord  North,  had  men- 
tioned 6,000  arms,  and  7,000  arms,  and  in- 
sisted, in  contradiction  to  bird  North  ««ho  \ni 
him  hold  his  tongue,  that  there  were  6,000 
arms  ready  in  the  city ;  the  committee  exa- 
mined him  particitbriy  on  this  head,  hut  voM 
draw  nothing  more  I'rotn  him,  than  that  Greea 
had  told  captain  Bonyn  at  hml  Nunh^s,  that  h* 
could  help  him  lo  5  or  7,000  arms  at  an  hoor^ 
warning.  And  though  your  nuiiuiiiteeislitP^ 
satisfied  that  no  care  haa  lieen  wanting  r^ 
where  to  disoovcr  these  arms,  and  lo  ^^ 


eonspiramf  m  eo  eaeei 
llMyeaHNtMtM 


mnd  oiherSf  Jhr  a  Treasonable  Cmtspiraci/^  A.  D.  17^5* 


i9t» 


I  |tf4»«r 


L'ritlciirourii  bare 

ml  r  further,  itiftt  in  the 

rytp#*  ♦rf«oluiiou.'5,  nii'uiiou  is  made  ofii  fund 

l»r(tvidt<K  and  of  a  great  uufuber  of 

I  p*  I  '  '  in  Londua  for  (he 

■fvlHch  n  d-i  >tvtr  tilted  on  abd  o(>* 

fmttd,   an*!  ii  ^uder  iti  chid"  knovim. 

Ak^Wii  mvtet^l  ,,,.P^,uUr$corr^|Kind exactly 

«iA^  intrlligrnce  received  at  the  aaooa  time 

fi^«IlfOail,  uilh    Paiiner's  deposition,  with 

9^ij^fvTu\wtit^d  bid  Orrery  had  told  him, 

All  hm  Uetiefed  lord  North  mid  Grey  had  a 

cafBgnaaaUio  IW  4>Qiumai)din|r  in  ehief ;  and  with 

vImiI  N'cyooe  Wfta  told  by  Watson,  that  lord 

Htnh  aad  Grey  wan  thought  of  for  the  com- 

Bnsd ;  «» likrivite  witli  what  was  told  IVfatlhew 

Pkiolu^t   by  Layer  aod  John  Plunkett,  that 

knl  NnHli  and  Grey  with  others^  were  ready 

^beftd  AH  insurrection. 

Yoyr  emsfuittt'e  h8vin§r  thus  laid  before  you 

tW  g^B^fil  ifridencef  which  convinces  them 

a  dottgn  Wis  lurtaed  by  peraons  of  dis- 

''^  J^  invade  these   kiiigdoma  with   a 

Iwce;    Ihat  beiiij^f  disappointed  in  this 

a|P«nalioa»  they  stilt  urrstii^ted   to  make  an 

iiUfiii»t,   Mil  1 1   fiicli    omeers  and   soldiers  as 

Md  f^  I) n  cured  pujutely  fi^m  abroad  ;  that 


J 


f  Oruiond  was  to  have  tuudeij 
'?«  and  to  have  been  followed  b^ 
;    that  arms  and  money  were 
men  !»uh!»ii»ted  for  this  wervice ; 
L  til?  II  WHS  to  have  been  lie^^fun 

im  l»ii<}<n  jce  to  ha?e  been  extended 

^mr    '  litm.     Thev  will  now  pro* 

0«»-:  M\y  to  ex p fain  the  sevtral 

fan;  c  i^iiders  and  infenor  agents  op- 

fnr  ik«li  in  conducting  this  design, 

tafxx  _-  ,.  *«mecnn  he  collected  IVuui  thif 
klcrccptrd  carrcfapondencei  and  Other  papers 
iderrvd  to  thetn,  and  from  the  exarninatuias  of 
1^  |irT»an«  ronc'Tni'd  ;  by  which  it  will  farther 
ftppc^  In  lb*  Huu>«e»  ttial  the  design  was  cou- 
icuted  in  alt  |i.irb),  without  any 
itiou  nr  iutL'nniiiftion,  than  what  the 

Xei^  their  atfairs,  and  the  diiicoreriea 
ie«'d  thcsm  to,  tn  orikr  to  lay  their 
fteasiifr-.  .iid  txi  make  the  success  of 

iWm  mr :  and  that  the  enterprize^ 

'       '  "  r   the  sprini^,  was 
exrcnfion  at  the 
t  the  belpof  offi- 
if  they  could  he 
T  "f^^U  nfsuch  fkhiUty 

I  to  be  a*  I  {it  and  aeduce  atnon|( 

la  nmt  ^i^  *  s. 

riier  (as  it  is  nntnral  to  be* 
*<'lvt?g  from  the  danger  of 
*^****'  i^ge  their  corres- 

tif  perioni  of  a 
^;»eratc  for* 
ipeihe  ob' 
r  no  nth«r- 
i  rtpoicU  ia 


The  committee  think  proper  to  Ijike  Dotice, 
that  of  these  inferior  Oifenlt,  Lnyer  appears  Ut 
have  tieeu  prtncipallv  enirusted  by  lord  Nortk 
and  Grey,  and  lord  Ctrr-ery  ;  aitd  ihat  Pluukett, 
who  travel  leii  wit  It  Layer  to  Rome,  and  w  boss 
trcawnable  practices  and  correspoitdmces  are 
closely  connected  with  those  of  Layer,  writei 
of  hinisiLlf  as  transacting  part  of  his  treasons 
with  lord  Orrery's  !  v^-  nd  sending  frequent 
accounts  to  the  I  ^  iigeot^  abroad^  of 

matters  relating  to  ^i.c  ...u4  li>td. 

George  Kelly,  a  i>on-juring  clergyman  at 
present  (though  in  the  late  queen's  titoe,  tht 
committee  is  infortoed,  he  took  the  oaths  to 
the  governruent,  and  hkewise  the  abjuration) 
uppears  to  have  been  the  person  principally 
entrusted  by  the  bishop  of  llochenter,  and  to 
ha?e  been  employed  in  writing  for  him,  and 
conveying  letters  to  him,  until  the  time  that  he, 
Kelly,  was  first  taken  into  custody  ;  after 
which  it  appears  to  the  coiamiitee,  thalThomaj 
Carter,  aoother  non-juring  clergy mnii,  wag 
etitrti9ted  md  employed  by  the  bishop  in  tbt 
same  manner.  And  the  committee  obaer?e, 
that  George  Kelly's  correspondence  haaaGlostf 
connexion  with  that  of  Dennis  Kelly  ;  and 
likewise  that  he  appears  to  have  been  privy  to 
Pluukett'sand  Neynoe's  traniiactions. 

The  person  em  ploy  td  by  the  duke  of  Nurfolk» 
tn  conveying  letters  heiween  him  and  George 
Jeruegno,  an  agent  of  the  ^Pretender's  in 
Flanders,  they  find  to  be  Mrs.  Spelnmn,  atiaj 
Yallop;  who  has  hkewise  owned  her  convey* 
ing  letters  in  the  same  manner  between  Mr* 
Harvey  of  Comb,  end  one  Moor  of  Brownlow* 
street,  and  the  said  Jernegan.  The  committee 
libserfe,  that  John  Sample  acted  under  tba 
direction  of  Mr,  SempiEl  (commonly  called  lord 
Sempill)  and  his  son  at  Paris,  and  that  he  wroU 
letters  to  the  late  duke  of  Orraond  and  the  IVe- 
teoder;  but  whom  he  trriu^acted  matters  wttk 
in  England,  your  committee  do  not  i]nd|  by 
his  examination,  he  would  declare. 

The  committee  farther  observe,  that  thig 
treasonable  correspondence  extended  itself  into 
Scotland;  that  Wilham  Erskine  remitted 
money  to  France  for  the  service  of  the  Pre* 
tender^s  friends,  and  had  a  letter  under  the  late 
lord  Marr*s  hand  found  upon  biro,  when  ba 
was  taken  iotij  custody.  That  Mr.  Cockran, 
itow  in  custody,  and  others  of  that  country  yd 
unknown,  were  concerned  in  the  same  trca* 
Bonable  correspond  en  ce,  carried  tm  under  the 
same  fictiliouH  names  and  eX[)re^$ion«  that  are 
made  U!>e  of  by  several  ot  the  corres|KJndeutg 
iu  England ;  and  that  the  same  cant  was  like- 
wise made  use  of,  for  the  §amc  purposes,  by 
persons  in  Ireland.  That  all  these  several  oe- 
gocialious  and  correspondences  concurred  im 
one  romnvon  design,  of  »lirrmgii|i  an  insurrec* 
tron  in  tbesti  kingdoais>  aod  placing  the  Pre« 
tender  on  the  throne. 

The  committee  have  thought  it  proper  to 
lay  before  the  House  such  pariicular*  as  occur 
to  them  relating  to  each  of  thi*sc  ncg<K-ialiouS| 
and  tq  begin  with  those  of  Layer  and  Pitmkett, 
at  bctikg  doidy  ooui^ectod  witb  odc  at^tbcr, 


4 


4 

I 


4 
4 


343]  9  GEORGE  L         Proc$edhigi  agahd  BMop  Atierhay^         [8M 

of  Dixwdl  and  Diglnr ;  mud  thst  hj  Um  ■•■• 
vf  Joseph,  ia  the  laiif  letter,  u  to  be  imdenlood 
the  Preteoder. 

"  That  be  and  Plunkett  arrifod  at  Rone  the 
latter  end  of  May  17S1 ;  and  that  after  he  had 
been  a  day  at  Rome,  he  aent  to  Francis  Ken- 
nedy, secretary  to  the  Pretender,  to  lei  kSm 
know  he  shonUl  be  i^lad  to  aee  him,  and  IDM^ 
new  aoquaintance  with  him." 

Beinif  asked  when  and  where  he  6ml  be- 
came acquainted  with  Francis  Kennedy,  he 
said,  «  That  Kennedy  has  a  brother,  lecwtary 
to  the  late  duke  of  Ormood,  with  which  bre^ 
ther  he  had  some  acquaintance ;  and  he  thinks 
he  has  formerly  been  in  Francis  Kennedjy'^ 
company  at  London  along  with  the  other  hrs- 
ther:  But  as  to  this  particular  he  cannethe 
positive.**  This  is  what  he  said  rdatinj^  to 
Kennedy  at  his  first  examination;  and  your 
committee  observetl  by  his  behaTioor,  that  he 
was  under  difficulties  how  to  account  Ibr  his 
applying  to  Kennedy,  not  having  owned  at  that 
time  he  had  any  directions  so  to  do,  and  btfar 
willing  to  have  yourcnmmittee  believe,  that  m 
jonruey  was  not  known  of  at  Rome :  BiitiAv 
Plunkett's  examination,  being  uncertain  whil 
Plunkett  might  bare  confessM,  he  thou^^  it 
pntper  to  be  more  open  upon  this  head,  thoofh 
contradicting  in  some  measure  bis  own  Jonner 
confieasion.  He  farther  said,  **  That  upon  his 
sending  to  Francif  Kennedy,  as  above,  the 
said  Kennedy  came  to  his  lodgingii,  which  at 
the  same  time  he  said  be  was  surprised  at,  it 
being  in  the  face  of  all  the  English  gentlemen  | 
but  that  Kennedy  told  him,  he  needed  not  he 
uneasy  at  bis  coming  to  hb  lodgings  openlyy 
since  he  frequented  the  company  of  all  the 
English  gentlemen  that  came  to  Kome,  with-! 
out  distinction.  That  at  the  first  visit  he  de- 
sired Kennedy  to  introduce  him  to  the  Pre* 
tender,  which  he  promised  to  do.  That  Ken- 
nedy came  to  him  again  the  next  night,  and 
promised  to  introduce  him  to  the  Pretender  pri« 
vatcly  in  an  evenuig,  so  that  nobody  should  be 
able  to  prove  his  having  been  there." 

And  when  he  reviewed  his  examination,  being 
asked  by  yuor  committee,  whether  he 
of  any  letter  to  Plunkett*  on  their  first 
to  Rome ;  and  being  aKked  it  in  such  a 

let  him  understand  that  they  knew  from 


and  set  on  foot  earlier  than  it  yet  appears  the 
others  were ;  and  as  being  likewise  what  the 
House  thought  fit  first  to  refer  to  the  examina- 
tion of  the  committee :  and  by  comparing  the 
substance  of  the  papers,  and  exammationa  of 
these  two  persons  together,  the  House  will  be 
enabled,  at  one  view,  to  tbrm  a  true  judgment 
ef  the  sincerity  of  their  confessions. 

Before  the  committee  examined  Mr.  Layer, 
they  acquainted  him  that  the  several  qucsUons 
they  intended  to  propound  to  him  were  reduced 
into  writing,  and  that  to  avoid  all  mistakes,  his 
answers  should  be  so  likewise,  and  before  they 
irere  repuited  to  the  House  he  should  have  the 

Eerusal  of  them.  Acconliugly  he  did  review 
is  first  confession  to  the  committee,  aud  made 
several  addititms  aud  alterations,  which  will  be 
taken  notice  uf  in  ilieir  proper  places. 

Mr.  La^  er  has  owneu  partly  to  a  committee 
of  lords  ol  the  council  before  his  trial,  and  partly 
to  your  committee  (as  will  appear  by  reference 
bad  to  his  several  examinations  annexed  to  this 
Report),  "  That  being  bred  up  under  an  uncle 
who  was  a  noti -juror  in  Norfolk,  he  early  imbibed 
those  principles ;  that  having  a  private  affair 
to  transact  at  Venice,  this  and  a  natural  inclina- 
tion and  curiosity,  which  he  had  always  had  to 
see  the  Pretender,  carried  him  on  to  Rome ; 
that  he  set  out  from  £ngland  on  the  1st  of 
April,  1721,  in  company  with  John  Plunkett, 
now  in  custody,  who  went  sometimes  by  the 
name  of  Rogers,  whose  expences  he  bore  on 
account  of  his  being  useful  to  him,  as  speaking 
several  languages.  That  he  believes  from  the 
time  of  his  first  acquainting  Plunkett  with  his 
intended  journey  (which  was  some  months  be- 
ibre  their  setting  out),  the  said  Plunkett,  in 
erder  to  magnify  his  sert  ices  to  the  Pretender 
and  his  adherents,  might  write  to  general 
Dillon,  and  others  of  them,  that  he  was  going 
to  Rome  with  a  friend,  and  that  his  aud  his 
friend's  journey  would  be  of  great  consequence 
to  the  Pretender's  affairs."  Bui  this  particular 
be  did  not  own  till  the  review  of  his  examina- 
tion, when  he  found  the  committee  were  ap- 
prised that  notice  had  been  sent  to  Rome  of  his 
jonmey ;  for  be  insisted  at  first  that  his  journey 
to  Rome  was  purely  accideutiil,  and  not  con- 
certed with  the  IVetender  or  any  of  his  agents. 
He  farther  owned,  *«  that  in  their  way  to  Italy, 
they  uassed  tbrougrh  Antwerp,  and  that  Plun- 
kett there  received  a  letter  from  general  Dillon, 
which  he  shewed  to  Layer,  directing  them 
whom  to  apply  to  on  their  arrival  at  Rome,  to 
introduce  them  to  the  Pretender."  And  on  his 
reviewing  his  examination,  when  he  found  your 
committee  were  in  possession  of  that  letter,  he 
owned,  **  That  Francis  Kennedy  was  tlie 
permo  they  were  directed  by  Dillon  to  apply 
to.'*  A  letter  to  that  effect  lieing  found  among 
Plunkett's  papers,  signed  Dixwell,  and  the  same 
being  shewn  by  your  committee  to  Layer,  he 
declared,  **  That,  to  the  best  of  his  memory  and 
belief,  it  was  the  very  letter  which  was  shewn  to 
him  by  Plunkett  at  Antwerp,  and  aflSrmed  by 
Plonkett  to  be  from  general  Dillon:  Tha  be, 
Layer,  betieres  DiUun  gocs^by  tlie  nsflMsboUi 


Whom  it  came,  and  by  whom  it  was  writ ;  then, 
and  not  till  then,  he  owned,  '<  That  he  believed 
Kennedy  delivered  to  Plunkett  a  letter  under   2 
the  Pretender's  own  hand,  when  Kennedy  and  J^ 
Plunkett  were  alone  together;  for  the  next   i 
morning,  as  he.  Layer,  was  in  bed,  in  a  room  ! 
next  aogoining  to  that  where  Plunkett  lodged,  1 
Plunkett  came  to  his  bedside,  and  told  him  with  t 
seeming  satisfaction,  that  he  had  got  a  letter  « 
under  the  kiog^s  (meaning  the  Aeteade^.4 
own  hand ;  but  that  Kennedy  never  aaid  sal 
word  of  this  letter  to  him.  Layer.    That  Fir 
kett  shewed  him.  Layer,  the  said  latter,  * 
whole  of  which  he  bnieres  to  hate  bsen 
in  the  same  hand  m  whieh  tfaa  MH^  ^ 
taken  amongst  bis  psMSsat  V^ 
ligMd,  wUefa  ha  Uttnw  Mik 


fjedT  oihers^Jbr  a  Tftoionabk  Conspiracy,  A.  D-  1728. 


the  sutratance  of  the  letter 

Itte     t»««f«r,  Francis  Kennedy,  would 

t  Pl  u  ti  Re(t  to  the  Pretender,     He  said 

^BOt   |»c;  |voeiltve  whether  it  wns  said  in 

t.limt    Renni^dy    would    introduce 

or  whether  he  himself  was  roeo- 

to  be  introduced  by  Kenoedy. 

told  him  he  saw  the  Pretendtfr 

t**"^  Lay  er  wa^  i  n  trod  need  to  him/ ' 

*i^l    letter  has  since  been  delivered 

*tr*ittee,  wilb   the  depositions  re- 

^y  "vthich  it  appears,  that  Plnnkett 

wtib  other  papers  to  one  Mary 

^^  Michaelmas  laat,  which  was  near 

Layer's  btinff  taken  np ;  it  is  dated 

tn,  si|E^ned  James  R.  and  directed 

^Ht,  and  is  in  tbefotlowiog  word«: 

I  ^fia$  IS  o&ly  to  direct  you  not  to  mention 
'"^  of  biMJQcss  to  any  body,  till  1  have 
1  bare  not  much  leisure  to*ni|^iit, 
ftisiti;  but  however  J  shall  be  glad 
itlor)€,  and  a^ree  with  you  the  roost 
^«iy  snd  manner  for  your  companion 
i  10  meet,     Tiie  bearer  Fr.  Kennedy  will 
Oti  »»'T^  nrivately  to  my  house  to- nii^bt 

iunkelt.*' 

•mimtlee  nfwcffe  from  this  letter,  as 

I  other  papers  before  them,  what  a 

truM  ttiid  confidence  Plunkett  was 

[^lo  (notwUhiianding  he  %vould  endea- 

'  V  preiaeot  ajtpearance  to  make  it  seem 

f  and  perceive  likewise  by  tliis  letter, 

1  Layer's  journey  to  Rome  bad  been 

t  to  the  Pretenifer  as  an  aflair  of 

■nee. 

titer  said,  «*  That  Kennedy,  in  hb 
nt|  appoiuletl  him  to  meet  him  and 
aye  in   llie   ^I'^uare  before  tiie  Pre* 
at  ten  the  next  ui^ht ;  that  he 
I  there,  and  that  thev  conducted  him  up 
IpMck  stairs  tu  the  Pretend er/' 
llbe  committee  proceeil  to  ^\we  an  ac- 
Vihe  contersation  which  Mr.  Layer 
with  the  Pretender,  they  think  it 
f  obaerve,  that  a  mo  n^  Pkuiketi's  j>apers 
1  two  foul  draughts  of  letters,  which 
i  to  be  Ptunkett'H  hand-writing,  which 
light  ttf   the  (jccQsion  of  his  and 
nmeyto  Rome.    The  6rst is  without 
tion,  but  appear*  evidently  by  the 
)  have  been  writ  to  the  same  persoD, 
\  thesaroe  time  as  the  second,  which  \s 
\itd  of  March,  J7'i1,  (about  ten  days 
I  »nd  Layer's  setting  out)  and  directed 
on,  which  name  is  found  in  a 
amon^  Plunkelt's  papers,  and 
to  be  his  hand -writings,  to  de- 
der. 
t  of  these  foul  draagfhls  are  these 
'  There  is  one  that  sets  out  from  Nor - 
k  a  few  days  to  let  yon  know  they  (that  is 
era,  which  he  explained  to  Layer  to 
the  Tories)  will  stand  by  you  oofHrca- 
I:  He  only  stays  for  roe,  and  oflfen  to  bear 
,  fo  that  I  ihaLl  wait  on  joUi  and 


CS46 


have  the  iatisfaetioD  to  tdl  voii  by  word  of 
mouth  what  will  be  acceptable.  He  carriti 
the  List  with  him,  do  doubt  on  it  you  may  havfl 
many  such  now.** 

In  the  letter  lo  Jackson  of  the  22d  of  March 
are  these  words:  **  The  gentleman  I  men- 
tioned to  yon  formerly,  is  come  out  of  the  coun- 
try, with  instroclions  to  wait  on  yoti,  and 
tender  you  his  service.  Ue  olFera  to  bear  my 
expeoces/' 

From  these  pafsa£res  compared  with  the 
ktter  received  by  Plunkett  trom  Dillon  at 
Antwerp,  in  which  Dillon  says,  *'■  I  have  sent 
Joseph  advice  of  your  journey,  in  whtch  I 
wish  you  and  your  companion,  tboug^h  un- 
known, all  happinesa  i"  And  then  directs  him 
to  apply  to  Kennedy  at  Joseph's  house  for  in- 
troduction ;  and  com[»ared  likewise  with  the 
Pretender's  letter  to  Plunkett,  iu  which  he  di- 
rects him  not  to  mention  any  thin^  of  businesa 
to  any  body  till  he  had  lyeen  him  alone,  in  onler 
to  a^ree  with  him  the  most  private  way  and 
raanoer  (or  meeting  his  cotupanioa.  It  appears 
to  your  committee  to  be  moat  evident,  that 
Layer  did  not  undei-take  so  long*  and  expeoaive 
a  journey  on  aocertaio  profl|iecis  of  privala 
basinets,  or  out  of  mere  curiosity  ;  hot  that  hts 
Journey  was  concerted  with  the  Pretender's 
friends  at  home,  and  noiitied  to  the  Pretender 
and  his  ag'enttJ  abroad ;  and  ibat  be  carried  over 
with  him  tenders  of  service  to  the  Pretender 
fvom  persons  in  England,  as  likewise  a  Liixt  of 
names,  which  was  of  such  importance,  and  so 
well  understood  and  expected  at  Kume«  as  to 
be  mentioned  by  Plunkett  in  one  of  his  letters 
to  the  Pretender,  without  any  other  desenptioa 
than  barely  ihat  of  the  List* 

The  committee  IhoUf^ht  this  observation  ilia 
more  nece&^^ary  to  be  premitetl,  liecause  Layer 
did  of  himself  own  to  them  his  giving  to  the 
Pretender  a  List  of  names,  and  the  Pretender^s 
asking'  him  at  a  second  interview,  nhat  he  had 
to  say  to  relation  to  his  Lifit ;  but  yet  «n* 
deavoured  to  explain  that  affair  in  such  a 
manner,  as  your  committee  apprehend  to 
be  no  ways  consistent  with  Pltinkeit*»  foul 
d ra  u ff h t»  abo ve  men  t  w neii ;  nor  w  i  t h  1 1 1 e  e xpec* 
tation<»  Ihat  seem  to  have  been  raised  in  the 
Preteuder  and  liis  agents,  from  Layer's  and 
PI  onkett's  journey. 

La^  er  told  your  committee,  *^  That  on  his  be- 
ing introduced  to  the  Pretender  by  Kennedy 
and  Haye,  as  above-mentioned,  the  Pretender 
asked  htm  the  occasion  of  his  coming,  and 
nhether  he  had  any  crtdentials  from  ptople  in 
England  ;  that  he  answered,  Nothing;  but  cu- 
riosity, end  a  desire  of  pavings  my  duly  to  your 
majesty,  has  brought  me  hither.  That  the  Pre- 
tender asked  him,  what  lords  he  wa^j  ac<|uiiinted 
with  ?  To  wbich  he  answered,  none,  bitt  surh  as 
be  was  concerned  with  in  the  way  of  his  profes- 
sion. That  the  Pretender a^aio  expressed  him- 
self surprized  at  liis  having  no  crcdt^nlrals  nor 
recommendations  frtrm  any  person  in  Kntrlttod  ; 
and  said,  This  journey  must  have  bteo  very  ex- 
|>easive  to  you,  I  believe  it  cannot  co»t  ynu  le&s 
than  fira  buadrad  poutida.     To  wfaieli  hd  at* 


1*7] 


9  GEORGE  I.  Proceedings  against  Bishop  Atterburyf 


twered,  That  a  private  afimir,  which  brought 
him  to  Venice,  would  have  defrayed  the  ex- 
pence,  if  it  had  succeeded ;  but  that  being  dis- 
appointed in  that,  his  inclination  drew  him  on  to 
Rome,  to  pay  his  duhr  to  the  Pretender,  which 
he  had  long  bad  in  his  thought,  so  took  this 
opportunity  of'  doing  it.  That  one  Plunkett, 
who  was  now  in  RiNne  with  him,  had  often 
told  him  that  he  need  not  fear  being  introduced, 
or  to  that  effect.  That  the  Pretender  said,  he 
believed  that  Plunkett  was  a  very  honest  man, 
and  as  proper  a  person  as  Layer  could  have 
had  for  a  companion." 

The  committee  observe,  that  what  is  here 
said  conoeming  the  Pretender's  good  opinion 
of  Plunkett,  and  Piunkett's  having  given  as- 
aurances  to  Layer  of  his  being  introduced,  was 
not  mentioued  by  Layer,  till  i3ter  Plunkett  had 
heen  examined. 

Layer  farther  said,  that  the  Pretender  again 
repesited  his  surprize  at  his  having  no  recom- 
mendation from  any  person  in  England;  but 
paid,  I  am  informed  by  Francis  Kennedy,  who 
knows  you,  that  you  have  a  good  character, 
and  for  that  reason  you  are  welcome  without 
any  credentials.  Yet  your  committee  observe, 
that  Dr.  Blackerby  Fairfax  (an  intimate  ac- 
quaintance of  Layer's)  has  deposed  upon  oath, 
**That  Layer,  smce  his  return  from  Rome, 
told  him,  that  while  he  was  in  private  audience 
with  the  Pretender,  a  Scoteh  colonel  broke  in 
upon  them,  upon  which  tlie  Pretender  took  him 
into  another  room ;  and  that  he.  Layer,  did 
there  deliver  his  credentials  to  the  Pretender." 

Layer  told  the  committee,  **  That  the  Pre- 
tender, aHer  the  discourse  above-mentioned, 
asked  him  uhat  count v  he  was  of,  and  what 
gentlemen  he  knew :  Tiiathe  answered  he  was 
of  Norfolk,  and  knew  all  the  Tory  gentlemen  of 
that  county.  That  the  Pretender  asked  him  if  he 
could  recollect  their  names,  and  put  them  down 
in  writing :  To  which  he  answered,  he  could 
easily  .do  that,  having  brought  with  him  me- 
morandums of  their  names.  That  acconliugly 
he  drew  up  a  fair  List  of  the  Tory  gentlemen  of 
Norfolk,  and  gave  the  said  List  to  the  Pre- 
tender at  a  second  interview,  thinking  it  would 
be  agreeable  to  him.  That  the  Pretender  then 
asked  him,  whether  he  would  see  the  queen 
(meaning  his  spouse),  and  promised  she  would 
admit  him  to  kiss  her  hand. 

**  That  about  three  weeks  or  a  month  after, 
Francis  Kennedy  and  colonel  Haye  appointed 
him  to  meet  them  at  the  same  place  and  lime 
as  before,  and  introduced  him  to  the  Pretender 
and  his  spouse.  That  the  Pretender  then 
called  him  to  him,  and  asked  him,  whether  he 
had  any  thing  to  say  in  relation  to  his  List.' 
that  he  answered,  he  forgot  something  which 
he  had  to  communicate  to  his  msjesty  ;  that 
the  Pretender  said,  his  wife  would  go  out  of 
the  room  presently,  and  soon  after  spoke  to  her 
in  Itelian,  to  withdraw,  as  he  believes.  That 
the  Pretender  then  asked  him,  what  he  had  to 
■ay  P  To  which  he  replied,  1  have  Dothmg  so 
■material  to  offer  as  ought  to  havo  proeuradino 
this  great  honour  apd-iiidiflfHWti  bntiflbace 


be  any  service  on  earth  I  can  do,  I 
ready.  That  the  Pretender  said,  What 
do?  have  you  any  acquaintance  ?  Toi 
replied,  that  all  the  persona  meotioni 
List  were  entire!  v  devoted  to  the  Pr 
interest,  aud  all  the  gentlemen  in  £ii| 
same,  except  those  in  places  of  profit  i 
and  that  all  parties  were  united  m  his 
That  the  Pretender  then  asked  him,  ^ 
gentlemen  were  whose  names  were  on 
To  which  he  answered,  they  were  al 
and  that  he  had  not  put  down  any  of 
man  Catholics  of  Norfolk,  of  who 
were  several,  men  of  estates.  That  I 
tender  said,  be  believed  the  people  of 
were  generally  well-incliiied  to  his  cs 
pretty  well  convinced  of  their  error;  i 
spoke  of  the  discontente  occasioned 
South-Sea  scheme." 

The  committee  observe  that  in  the 
which  Layer  received  from  sir  Willii 
the  names  of  several  Norfolk  gentleme 
•erted ;  who,  they  think  it  probable, 
part  of  the  List  delivered  by  Layer  to 
tender ;  but  at  the  same  Itme  tliey  th 
justice  due  to  those  gentlemen,  to  obse 
Layer  has  owned  to  the  committee, 
order  to  magnify  the  number  of  the  Pn 
friends,  he  did  in  several  of  the  lisl 
amonff  his  papers  insert  the  names  of 
as  welT- affected  to  the  Pretender's  servv 
out  having  the  least  authority  from  the 
doing :  and  his  false  assertion  to  the  Pr 
that  all  the  gentlemen  in  England,  exec 
in  places  of  profit  and  trust,  were  enti 
voted  to  his  interest,  shews,  that  he  t 
distinction  between  the  innocent  and  thi 

He  next  acquainted  the  committee, 
after  the  discourse  before- meniioned  \ 
Pretender  in  relation  to  the  List,  the  Pi 
commended  liis  zeal,  and  told  him,  h< 
de|>end  on  any  service  he  could  do  him 
he,  Layer,  then  desired  some  token,  b 
he  might  obtain  credit  among  the  Pre 
i'riends  of  the  nobility  in  England,  and  ( 
that  of  the  I^reiender  and  his  s|iouse's 
ing  fur  his  child  ;"  whii-h  thecomniitl 
rejieating,  the  account  he  gave  tliem  s 
with  that  printeil  in  his  trial.  He  said, 
U|K)u  his  desiring  a  letter  to  the  duches 
mond,  for  her  representing  the  Pre 
spouse,  colonel  Haye  told  hini,  no  letl 
be  sent  by  him,  but  that  care  u  (uild  b 
the  duchess  should  stand.  That  he  '. 
gave  him  a  message  to  the  duchess,  to 
feet,  *  that  the  duke  of  Ormond  was  «i 
gone  to  Madrid,'  by  which  he  told  h 
wonkl  understand  the  business  he  came 

*'  That  he  retuined  to  England  ab 
end  of  August,  or  beginniitg  of  Sep 
1721,  and  waite<l  on  the  duchess  with 
quest ;  adding,  that  he  ho|>ed  she  wtf 
together  a  stranger  to  that  affiur;  l0 
she  returned  him  no  particular  anaw 
miaed  to  stand  god- mother., aaho 

"That  ha  then  nM 


9]        agi  other$,Jbr  a  Trentonahle  Cowpinty.  A.  D.  l7tS. 


[350 


t  A9  le    \\et  ckAplain,  And  by  Sn-rnt- 
tefif  Ornrv'st  si^rrttarv.  who    under- 
*i/ordOrT  t  to  represent 

Jer.      If,  il  sent  to  the 

r  kstom  wheih^r  she  i^iuod  P  Who  dd- 
f  ^e  xM  \  yet  Utrd  Orrery  refus^  ; 
ticqtiaintancef  and    hearing 
luit  Grey   had    eouseuted  to 
Ijiyer,  and  made  excuses  to 
I,     That  he  made  use  of  this 
I  i»j  H»r<t  Orrery,  to  ioiltice  him  to  coo- 
Wit  h  htra  in  relaiion  to  the  Pre- 
ir%ir«,  havin|v  heard  iliat  the  said  lord 
^'  lH«i€nder*5  interest, 

'>l»ot»    his    beingf    refused    by  lonl 

,^v^  made  his  application  to  lord  North 

-^   ^»%  mt^ntioaed  in  his  IriaU  who  slood ; 

lieres,  that  he  stood  for  the 

'        ihiK  tmnsnction  wasthe  be- 

\^  hki  itiiitnocy  «rith  lord  North  and 

t  conversation  be  had  with 

i^  to  the  Pretender's  affairs, 

>  alter  the  christenintr  ;    that  he  then 

I  North,  whether  nothing  could  he  on- 

tlie  Pretend er*B  fn?our,   his  lord- 

ra  miHiary  man  ?   That  his  lordship 

jbf'        »  ■'■'--  Pretender  bad  friends 

I  if  t  It  understand  one  ano- 

ItLtf 'Miij;  ■..  general,  and  moiit  uf  the 

|roffic<7rB,  were  well- mciined  to  the  Pre- 

in  July  last,  he,  liSyer^  ^n^  down 
on  the  circuit,  called  on  lord  North 
,  and  nipiin  at  his  return  ;    that  he 
ihf  said  lord  again,  whether  no* 
fould  fKi  done  in  favour  of  the  Pretender? 
lord  North  said,  how  can  any  thtng"  be 
bile  so  err^at  a  body  of  forces  ia  en- 
umkr  the  very  wj^llsof  London,  besides 
uts  in  other  parts  of  the  king- 
yer  told  him,  he  found  most  of 
in  Norfolk  that  were  Tories  be- 
now  ;  that  lord  North  and  Grey 
same  in  other  counties,  hut  that 
iikl  he  done  till  the  camp  should 
That  !V'^"'  '  "^  '-'^  ...^^^cin,j  ^liiYi  to 
her  nn  ■  d,  lord 

what  «    .    J      .  ;      ;  ;     .u  Orrery 
ngu  f  That  he  answered,  lord  Orrery 
nioo,  noihiof^  could  be  done  without 
^>  for*:e  ;  that  lord  North  and  Grey  re- 
"  cdttiuot  l)e  of  hisopimon.  I  believe  the 
'  En(r|nnd  inny  do  it  of  theui«ielves. 

Layrr  ?i«!innV  him  durinjf  the  vaca- 

Istavi  <  nt  bin  house, 

lop  lipase  heme} 

ej*:iiii,  \y*    *i<*i<her^    do    not 

vrs    much  ahaut  srhemet^:    he 

--  :  \*il!  be  done.'*     And  at 

the  lonls»  he  owned, 

-  ,^ ■■  ...r..  .P.vv  said,  if  there  be  a  ris- 

If,  yoQ  •ball  not  want  men,  or  money,  or 

^^Mr  ire  your  comtnrttee  an  ac- 

^^Bf  I  'xrtjijf' acquainted  with  Lynch, 

MiOf  hia  carry iu^  hi£Q  to  loni  North  and 


Gey,  upon  Lynch's  teiliug*  him  that  be  had 
sometbiug  to  propose  to  that  lord  that  might 
he  of  great  service  to  Uie  Pretender^a  eauae. 
But  in  giving  ao  account  of  what  paased  be- 
tween Lynch  and  him  at  the  Greeti  Man,  your 
committee  observed,  that  Layer  took  great 
pains  to  shew,  that  he  did  not  eumrnuuicattt 
any  papers  to  Lynch  till  al^r  diuner,  and  thai 
he  then  only  shewed  him  memoranduRi8,tran* 
scribed  out  of  the  prince  of  Orange's  declars* 
tioo,  though  Lynch  has  depoaed  upon  oath, 
that  mention  was  made  in  that  paper  of  lonl 
Cadogan^a  being  seized,  and  retnaining  in  tho 
cuitodj  of  the  conspirators. 

He  owned  to  your  committee  his  having  car- 
rieil  Lynch  to  lord  Cadogan's,  but  said,  *^*  He 
went  thither  only  in  relation  to  the  purchase  of 
an  estate ;  that  while  they  were  watting  there 
in  a  room  neirt  the  garden,  Lynch  viewed  th» 
garden  and  house,  and  said,  1  can  easily  setzo 
you  this  general ;  but  he  denied  their  oaving^ 
had  any  previous  discourse  to  this  purjvose,  and 
said,  the  proposal  arose  iroin  Lynch,  and  that 
he,  Layer,  was  mad  enough  to  make  it  part  of 
his  Scheme.** 

He  said,  ^'  That  when  Lynch  and  be  came 
to  lord  North  and  Or^s,  his  lortlship  asked 
him  who  Lynch  was  ?  That  he  said,  be  was  an 
honest  gentleman,  recommended  by  a  particu- 
lar friend.  That  his  lord&hip  saic),  I  wonder 
you  would  bring  hiiu,you  know  I  amnotetty 
nor  free  before  strangers.  That,  however,  lord 
North  and  Grey  entertained  Lynch  civilly,  and 
after  BU|>per  enquired  of  him,  whether  he  wot 
in  the  army  ?  To  which  Lynch  answered,  thai 
be  was  bred  up  to  merch&ndt:£e,  hut  bad  been 
nith  the  Pretender  in  Scotland,  and  had  the 
command  of  a  ship  under  fte  king  of  8pain  in 
the  descent  on  iScotland  ;  and  eniargea  much 
on  his  loyalty  and  zeal  for  the  Pretender ;  but 
that  lord  North  waved  the  discourse. 

^'^That  not  long  at\er,  Ljnch  came  down 
again  to  lord  North  and  Grey's  to  Epping» 
while  La^er  was  there  a-shooting,  and  was  ci- 
villy receiveil  hy  his  lordship ;  and  that  after 
he  was  gone,  Laver  making  apologies  lor 
Lynch's  iotruiling,  lord  North  and  Grey  said^ 
Lynch  wag  a  good,  honest  fellow,  and  had  en- 
tert:iined  them  with  tereral  merry  stories.'* 

The  committee  observed,  that  Layer,  in  re- 
tatinir  what  passed  while  Lynch  was  at  lord  • 
Nor  til  ^8,  took  so  much  pains  to  shew  that  lord 
North  and  Grey  could  have  no  private  discourse 
with  Lynch,  that  he  left  no  room  for  the  said 
lord  Norths  baring  had  any  private  discourse 
with  him,  Layer;  which  yet  is  ioconatfteot 
with  his  examination  taken  before  the  lonis,  ae 
well  a$  tvtth  hiR  confession  to  your  committee  ; 
in  another  part  of  which  he  owns,  that  while 
Lynch  was  at  lord  North's,  he.  Layer,  shewed 
lord  North  sotue  iiart  of  hisi^cheme,  or  headt 
relating;  to  a  declaration,  as  he  t%as  walkioff 
with  him  in  the  garden,  and  that  they  hid 
some  discourse  upon  it* 

They  ohnfrve  likewise,  that  what  be  owned 
to  (he  committee  in  relation  to  his  introducing 
Lyuch  lo  lord  North  and  Grey,  falla  very  ilsott 


351] 


9  GEORGE  L  Proceedtngs  againsi  Bithop  Atlfirlmry^ 


of  what  be  oopftMwl  lo  tb«  lords  of  dM  coaocil 
OD  the  same  rabject,  profiously  to  hit  trial. 
For  ho  thoo  said,  **Tbat  Lvoch  baviufl^  told 
him  ho  woold  seiso  lord  Cadogan,  he  carried 
Lynch  to  lord  North  and  Grey'a.  and  recom- 
monded  him  as  a  proper  person  for  sach  an  at- 
tempt. That  ho  uad  befere-hand  proposed  to 
hud  North  and  Gray  the  carrying  Lynch  to 
him;  that  his  lordshin  made  a  difficulty  of  seo- 
10^  him ;  hot  that  he,  Layer,  insisted  onLy  nch's 
be»g  an  honest  man,  fit  to  be  employed  in  an 
iBsurrectioo  for  the  P^retender ;  saying,  Lynch 
wonM  do  any  thing  his  lordship  wonld  bare 
him,  if  there  shonld  be  a  risinjf :  that  he  was 
fit  to  be  sent  with  a  party  to  seiae  any  particu- 
lar person^  and  that  Lynch  was  impatient  to 
•eehiilofdsbip,  Layer  having  told  nim,  that 
hiB  hmlahip  was  at  the  head  w  those  desi^.*' 

Lcjer  farther  acquainted  vour  committee, 
M  That  during  his  stay  at  lord  North  and  Grey's 
atEpping,  in  the  ▼acatioii,  he  again  pressed  his 
lordsbio  to  bring  matters  to  some  issue  in  fa- 
four  or  tlie  Pretender,  saying,  if  something  be 
vet  done  speedily,  we  siudi  aJI  be  taken  up ; 
that  hu  lonlship  replied,  is  not  the  camp  there 
still  ?  If  you  can  fiad  some  expedient  it  would 
he  well,  it  ia  more  than  1  can  do.  That  Layer 
said,  it  was  his  opinion  something  might  be 
done  cToa  during  the  encampment;  and  in 
order  to  tUsco? or  whether  lord  North  and  Grey, 
and  lord  Orrery,  had  an^r  scheme  of  their  own, 
he  drew  up  a  Scheme  himself,  and  baring  so 
done,  lodged  it  with  BIrs.  Mason  the  dav  be- 
fore he  was  taken  up.  That  he  intended  to 
hare  communicated  this  Scheme  to  lord  North 
and  Grey,  and  lord  Orrery  ;  that  he  had  some 
discourse  with  George  Wilson,  Dr.  Mornhey 
and  others,  on  the  sul^t  of  it,  before  it  was 
drawn  up."  Being  asked,  who  those  others 
were  ?  He  said,  **  He  could  recollect  no  one 
else,  but  one  who  called  biniaelf  Serjeant 
White,  whom  he  saw  in  company  with  Dr. 
Murphey  at  a  tor  em,  and  eoquired  of  him, 
how  far  some  parts  of  bis  Scheme  were  practi- 
cable P" 

Being  asked  whether  he  had  shewn  this 
Scheme  to  any  body  ?  He  said,  "  He  did  shew 
the  heads  of  it  to  lord  North  and  Grey,  as  he 
was  walking  with  him  in  the  garden,  and  that 
his  lordship  said,  all  was  impracticable  during 
the  encampment :  but  that  he  nerer  shewed 
his  Scheme  to  any  body,  after  it  was  drawn  up 
in  the  form  in  which  it  was  left  with  Mrs.  Ma- 
son." Which  last  part  of  his  answer,  the  com- 
mittee obserre  may  be  crasire ;  siuce  by  his 
own  account,  as  soon  as  be  had  drawn  it  up  in 
that  form,  he  lodged  it  with  Mrs.  Mason,  and 
the  day  atler  was  taken  into  custody. 

The  committee  farther  toke  notice,  that  the 
account  he  gare  when  he  was  questioned  be- 
fore the  lords,  whether  he  had  shewn  this 
Scheme  to  any  body,  are  iocoosistent  and  con- 
tradictory. 

For  in  some  part  of  that  examinatwn,  ho 
aays,  **  Lord  North  and  Grey  wouki  not  hear 
of  any  thing  till  the  camp  was  broko  up  i  thnft 
tho  iwd  lord  wwUMiMtUiMi«M|  l^fi 


the  said  lord  saki,  ho  might  koep  his 
his  schemes  to  himself,  lor  then  wa 
to  be  done ;  that  the  said  kird  said  1 
time  enough  for  forming  a  scheme ;' 
in  another  part  of  the  same  oiaaiir 
says,  **  Lord  North  did  notdisliko  a  \ 
general,  but  disapprored  hisSoheose.' 

Your  committee  bog  leave  to  maki 
lowing  obserrations  on  these  passagi 
design  to  shew  the  insincerity  ar 
sisfeencjT  of  Layer's  confessions,  an 
presuming  to  draw  from  them  any  c 
elusions. 

First,  that  if  what  Layer  said  was 
North  must  hare  perused  and  examine 
Scheme ;  since  a  man  that  did  nut 
scheme  in  general,  could  not  be  said 
proro  any  particnhff  scheme,  unles 
first  consulered  and  examined  it. 

The  committee  obserre  farther. 
Scheme  itself  does  not  appear  drawi 
man  of  Layer's  professum,  assisted  o 
would  insinuate,  by  Murphey  a  doctor 
Wilson  a  surgeon,  and  White  a  serji 
they  cannot  hut  think  it  rery  extn 
that  bb  Scheme,  drawn  up  in  Augu 
tember,  should  hare  so  great  an  afl 
the  paper  of  Resolutions,  for  the  digg 
arms,  &c.  mentioned  ahore,  which  v 
up  the  Anril  before;  and  yet  that  La; 
hare  hau  no  sight  of  that  paper,  no*i 
ceired  any  instructions  or  assistance 
persons,  who  were  priry  to  those  Ri 
which  be  has  deckired  t»  the  commit 
not.  And  tlie  committee  are  farther  c 
that  the  Scheme  was  not  drawn  up  b; 
from  a  particularity  contained  in  a  de 
Dr.  Blackerby  FaiHiix,  who  has  sv 
being  for  four  or  fire  yesrs  past  en 
readmg  ciril  law  and  French  to  the  sf 
he  recollecte  that  Layer  once  asked 
meaning  of  the  French  motto,  sioci 
to  his  ^heme  in  these  words,  "  Au 
la  force  il  faut  employer  ki  ruse ;" 
upon  Fairfax's  explaining  it  to*hii 
said,  it  had  been  explained  to  him  in 
manner  by  others.  Neitlier  does  tfa 
a|»pear  drawn  up  at  a  rentnre,  or  m< 
a  riew  of  engajnnyj  the  Pretender's 
the  execution  of  this  or  some  other 
their  own,  as  Layer  would  insinuab 
reral  passages  in  it,  coin|>ared  with 
papers,  make  it  probable,  that  the  ofi 
jeants,  soldiers  and  arms  mentioni 
Scheme,  were  first  engaged  and  pre| 
then  the  said  Scheme  drawn  up,  tor  ei 
in  the  best  maunerjpossible,  such  a  fb 
been  so  prepared. 

This  appears  by  comparing  these 
the  third  paragraph  of  his  Scheme  j 
there  is  eight  Serjeants,  riz.  Three  o 
regiment  of  foot-guards,  three  of  tb 
and  two  of  the  third,  all  read^  at  i 
warning  to  obey  oiders"),  with  t« 
pMMn  taken  with  hit  f  '  "'^ 

fii.ThM«U-k«;«ii. 


mid  oiherSt/or  a  Treatonahk  Conspiracy.  A*  D.  172S» 


[354 


l-writin|ri  '*l"c-h  conttSna  etevcn  of 

lixxymsiliM*  lunnes,  and  eight  of 

►  •rr^tmnts  lt«?e  tnarks  sel  n^inst 

tn  ihni  it  may  be  cunctiiile<i  {r^m 

'  111  been  able  to  ttnj^age  liut 

^cen  serjoints ;  ntuJlheTe- 

ticoie,  b«  mentJODB  do  more  than 

bin  ohs^rtfltion  fftrlber  appears, 
pyrr'fl  $aid  examuiation  of  the 
'rith  llie  fourth  parsurnph  of 
'  in  tliat  mm  i  nation,  be  ^^yn^ 
on  had  assurett  bim»  that  two 
be  •oldiem  in  the  camp  lia<l  b(?en 
ad  were  ready  r  nod  therefore 
•aid  Iburtb  paniffrapb  of  his 
ilions  only  two  hntwtrrd  soldiers  to 
[  gvfes  every  one  of  bis  ei(ifht  ser- 
MM^ind  of  ntre-ftrid-tWfntY  of  the 
^^^Hjl  men*  Fmiti  whence  it  ntay 
I^I^Bi  t^ie  officer  ttiat  wm  fo  seize 
B^Sd  tbc  arms  for  execiitiog'  the 
jrcnsatvo  ill  a  rcndinFfifi. 

r  reoiarlcable,  that  Layer  intended, 
your  committee,  to  crtmimf ni- 
ne in  ite   present  form  to  bird 
/,  and  lord  Orrery  ;  and  yet  »e- 
\  fiarN  of  it  are  not  exptnined   aa 
1  but  rclerred  to  as  matters  atrei«dy 
iij<Irr^,iotid   by  the  persons  thai 
could  only  lie  by  pnevions 
I  -  luhifCl ;  turintlauce, 
|ianif(rapii  it  is  aaid,  *^  Let  the 
'  f  one  otfic*^  of  note  in  ttie  camp 
iy  *  utioii  ;**  which  must 

'Vi[  Jjetfinninj;  to  an> 
Hiot  UutI  Miitie  pTe»i<n4fidiki»oiifse 
everul    otl^crra   in  the  ramp  eo- 


Mx  |nu*  mt'ii  ;  "  www 
I   Wlieveii  ibo^e  prr* 
.  .^ttenie^  bad  beard  of 
otided. 

arafirrapb,  Georjr^  Wil^ton  is 

nanorr,  ai  maki^  it  probable 

^koown  to  those  \vho  were  to 

Scheme ;  and   the  com- 

iyer  c^nfesaeil  to  theU»rd9 

toM  trtrd  NorUi  and   Grey,   that 
t.»at  a  (rllow  who  bad  served  in  the 
!  :tei]uaintaD€ey  and  uas  fit 
lordilitp  would  make  use 
wi«t<  u  (he  aaid    U>tA  rephed,  that 
\  be  would  employ  him, 
g-  — — uitk  parsf^mpb  of  ih« '8cheme 
Mf  **lii't  ib«  (feneml  order  four  of  the 
,**   without  any  farllier  de- 
ab^-wri   that  I^yer  tboiijfbt 

iStllk^nir  i»nii  \n  hf  r^ommitni- 

I'.ers  that 
id  North 
hiiu,  that  moat  of  the  half- 
i  uicim^d. 

pb|  ht  iUots  part  of 
ifo  tn   the  duke's 


p  oUitr  ftdditieo :  wbkb 


is  a  matinei'  of  exprevaion  no  one  woidd  bjivt 
used  in  a  paper  to  be  shewn  to  persons,  who 
were  entire  strttngers  to  the  affair, 

l^yer  heing  in  the  course  of  his  pxaminatioti 
dc^iired  hy  the  committee,  to  exidain  hy  what 
services  or  merit  no  bi$  pnrt,  the  hnyuess,  wbich 
he  would  have  it  believed,  the  IVetender  ex- 
pressed towards  bira  at  bis  frst  coniiag  to 
Rome,  and  the  little  acquaintance  he  then  bad 
with  [^i-sons  of  distiurtiou  at  home  in  the 
Pretender's  interest,  came  soon  after  io  h« 
changed  into  so  great  a  degree  of  confid<}nce 
both  at  Home  and  here,  that  he  should  he 
trusted  with  negociaiiuij;;  blank  receipts,  uniler 
the  Pretender's  own  hand,  for  nnliniitcd  sums  ; 
be  told  the  committee,  that  during  bis  f^tay  at 
lloine,  be  contracted  h  tVicnihlup  with  sir 
William  fillts,  who  is  a  servant  of  the  Pre- 
tender's, and  that  at  his  leaving  Rome  he 
settled  a  correspondence  hy  cypher  with  the 
said  £llis,  and  arquuinted  him  from  time  to 
time  how  the  Preiendcr's  affdirs  went  on  here  : 
but  the  com  mi  (tec  ob<<»^rve,  that  tbi^  general 
aj  sv»er  does  hy  no  mean?*  account  (in'  the  term* 
of  thunkfotoeNS  and  respect,  wih  which  Eilii 
writers  to  him  from  the  Pretender,  nor  lay  a  suf- 
fiarnt  f'mndation  fur  his  Wing  admiiled  Jo  so 
particular  a  trui^t.  He  i^aid  tlmt  in  the  com'se 
of  his  corrrspomleoce,  bt^  wrtt  to  Ellis  that  he 
bad  got  act|ttHinieil  %%)ib  Bnrford  und  Symms 
(by  the  first  of  which  uqiups  hp  meant  lord 
Orrpry ,  and  hy  the  latter  ford  North  and  Oreyy 
nod  tliat  if  be' bad  Imi  htank  reci'ipts  under  ttie 
kioc's  (mfttt*ing  the  Pretender's)  own  hand,  be 
behi'ved  he  could  raiie  a  considerable  sum  of 
money  upon  ttiem,  Miid  pot  tlie  Pretender** 
atfnirs  in  a  great  forwurdnes^,  by  engnging  A 
considerable  pjrt  of  the  kini^^^g  urmy  in  tbo 
1*  tender^  interest,  with  the  money  ^o  raised. 
I  he  did  not  nnme  anv  purticolar  snm  to 
i-,»ii*j,  iMtt  buped  bim^f  If  to  liave  rai>ied  twenty 
tbonsflnd  pounds  by  thii  nveihod.  lie  said  ho 
received  from  Ellis  only  tin?  ten  receipts  taken 
aiiUtiig  hi«  papers  at  Mrs.  Mason'S;  that  be  re- 
ceired  tit  em  at  dilfi^riMit  times  by  the  post,  and 
that  the  first  of  them  came  to  hiti  bands  the 
latter  end  of  July  last.  Re  Raid  further,  be 
intended  tn  have  trietl  to  put  otf  these  receipt* 
among  tbe  Norfolk  genllcmen  namett  in  tb* 
list  which  be  gave  to  the  Preleoder,  but  that  b« 
never  had  spoke  to  any  of  tbem  on  thU  subject^ 
nor  received  any  assurance  from  them, 

Bemg  asked  by  tbccommhtee  whether  ha 
bad  shewn  these  receipts  to  any  oi!i  i  «*, 

or   had  any  disoounic   with  any  ut 

raising  money  this  way  f  He  »wid,  lir  uciitjveil 
be  hr»d  mentioned  to  lord  North  and  Grey,  and 
lord  t>rrery,  his  having  such  receipts  \u  bii 
fiossesjeion ;  and  that  the  said  lords  told  him, 
they  lielicvcd  they  would  be  of  little  use,  for 
that  people  would  scarce  venture  to  keep  sucli 
fcceipta  by  them,  or  to  have  them  in  tbetr 
custody,  or  words  to  that  effect. 

The  committee  takes  notice,  that  when  b« 
was  examined  before  1  he  lord*,  he  prevaricated 
in  relation  to  the  cypher  received  from  sir 
William  Elba,    wbielt   b«  faid  waa  an  old 

%  A 


4 
4 

4 

i 


4 


i 


S55] 


9  GEORGE  I.  Proceedings  ogahH  Buhap  AUevhurj/f 


oypher,  in  use  before  the  PrMton  rebellion. 
But  beiDgf  shewn  the  named  of  eeTeral  peraons 
ill  that  cypher,  with  the  addition  of  their-em- 
ptojrments,  which  they  did  not  ei^v  at  the 
time  of  that  rebellion,  nor  some  ot  them  till 
▼ery  lately,  he  end  that  he  applied  to  PInnkett 
for  such  name^  ae  were  not  in  the  old  cypher ; 
though  the  committee  obeerre,  that  the  whole 
cypher  is  in  the  same  hand  with  the  letters  he 
owned  he  received  from  Ellis,  and  that  the 
persous  designed  by  late  employments  are  not 
addeil  or  interlined,  but  placed  m  their  alpha- 
betical order  in  the  oody  of  the  cypher. 
Being  asked  by  the  committee,  whether  he 
had  seen  or  knew  of  anv  other  cyphers  ?  He 
answered  in  the  negative;  yet  they  observe 
that  in  the  letter  from  sir  William  Ellis  dated 
the  ]8t  of  October,  he  desired  to  make  use  of  a 
pattern  of  lace  of  Mrs.  Kinders,  (which  name 
ne  owned  to  the  lords  to  mean  Mrs.  Hughes, 
nnrse  to  the  Pretender's  child)  sir  William 
EUis  having  lost  or  mislaid  his  own.  Nojr  the 
word  '  paftern'  in  Ellis's  cypher  denotes  cut- 
paper,  which  shews  that  t^yer  was  privy  to 
another  cypher  of  that  kind,  in  use  among  the 
Pretender's  agents. 

He  likewise  denied  his  knowing  any  6cti« 
tious  names  made  use  of  by  the  Pretender  or 
his  agents  for  carrying  on  their  correspon- 
dences, except  those  mentioned  in  his  eiami- 
nations  before  the  lords ;  yet  afterwards  upon 
being  asked  by  the  committee,  who  was  meant 
by  Joseph  in  Dillon's  letter  to  Plnnkettf  He 
confessed  that  he  knew  Joseph  was  one  of  the 
names  made  use  of  to  denote  the  Pretender. 

Theeommittee  farther  observe,  that  the  ac- 
ooants  he  has  given  do  by  no  means  dear  up 
several  passages  in  sir  William  Ellis's  letters, 
inrticularly  one  in  the  letter  of  the  30th  of 
Jan.  in  which  Ellis  says,  "  That  Layer  having 
read  over  several  times  the  paper  lie  shewed 
him,  and  having  a  gooil  memory,  Ellis  does 
not  think  it  necessary  to  send  a  copy  of  it." 

Layer  being  qneationed  by  the  committee 
about  tlie  lists  of  names  taken  at  Mrs.  Mason's, 
says  he  employed  George  Wilson  and  Dr. 
Murpbey  to  enquire  into  the  characters  of 
officers  and  soldiers,  and  that  he  received  most 
of  the  lists  from  Wilson,  who  told  him,  he 
believed  if  the  late  duke  of  Ormond  were  to 
come  over,  and  lord  Cadogan  were  shot,  the 
soldiers  mentioned  in  tliose  lists  would  readily 
toin  Onuond  in  favour  of  the  Pretender. 

That  Wilson  made  most  of  the  marks  against 
the  names,  to  explain  what  men  might  or 
might  not  be  confided  in;  from  which  cir- 
cumstance your  committee  observe,  that  there 
were  persons  m  those  lists  whom  tiie  Pre- 
tender's friends  coukl  not  confide  in.  He  told 
the  committee,  that  Roatb  or  Roach  in  the  list 
No.  15,  against  whose  name  is  set  1,000,  is 
one  whom  he  does  not  know  ;  but  that  Mur- 
pbey told  him  the  said  Koath  or  Roach,  was 
a  person  of  great  interest  in  Stafibrdsliire,  and 
able  to  raise  a  thousand  men.  That  the  paper 
No.  11,  at  the  bottom  of  which  is  writ  *  enquire 
of  North  and  Grey,'  was  a  memorandum  ftr 


enquiring  of  the  said  k>rd  whstbar  he 
oomet  Itedding  in  the  serviee  abmd. 

Bemff  shewn  the  two  lists  endoned  Brii 
list,  and  lord  Yarmouth's  list,  be  sayi 

auett  is  an  eminent  tobacconist  in  the 
lat  the  said  two  lists  only  oontam  nama 
jury  for  a  relation's  cause,  but  that  he  iol 
to  shew  those  two  lists  to  lord  Orrery  en 
North  and  Grey,  as  containing  an  aeon 
men  to  be  raiand  for  the  Pretender's  m 
in  order  to  magnify  to  those  lords  the  ni 
of  the  Pretender's  friends. 

Being  asked  by  the  committee  what  wi 
occasion  of  his  taking  away  his  papers 
Mrs.  Mason's,  when  he  went  down  to  £| 
and  what  papers  he  at  that  time  took  out 
said,  he  onlV  took  out  a  paper  csontain 
transcript  of  the  prince  of  Orange's,  de 
tion,  and  some  other  memorandum  p 
He  farther  added,  that  he  was  to  have  gi 
lord  North  and  Grey's  to  dinner  the  & 
he  was  taken  up,  and  that  he  sent  hia  s! 
to  the  said  lord's,  to  let  him  know  he  wi 
rested  forhi^h-treason,  that  his  lordship  i 
not  be  surprised  at  his  not  coming,  and 
wise  that  his  lordship  might  provide  §l 
own  security :  and  before  the  lords  be 
that  he  thought  it  reasonable  to  send  this  i 
to  lord  North  and  Grey,  apprehending  th 
government  would  seize  toe  said  lord  ii 
diately,  on  account  of  what  had 
tween  his  lordship  and  him. 

It  appears  to  your  committee,  thai 
North  and  Grey  did,  in  pursuance  o 
message  from  iiiyer,  endeavour  10  profi 
his  own  security,  by  making  his  ei 
Layer  sent  that  messsge  to  lord  NortI 
Grey  on  Tuesday  the  18th  of  Septembc 
day  that  he  was  taken  into  custody ; 
Hugh  Floyd,  his  kirdship's  servant  wl 
tended  him  to  Portsmouth,  has  declared 
lord  North  and  Grey  came  to  town 
Eppuig  on  Wednesday  the  19th  of  Septtei 
(whkh  was  the  day  after  his  rceeivini 
message  from  Layer).  That  hislordsh 
not  go  to  his  own  house,  but  to  the  Ki 
arms  tavern  in  Paul's  church -yard,  and 
dismissed  him,  Flovd,  with  onfers  to  nsee 
at  four  in  tlie  nioming  on  the  Friday  folio 
over  a^nstSt.  James's  church  in  Pices 
That  his  lordship  came  at  the  time  and 
appointed,  m  a  hired  coach  and  six,  wi 
servants,  and  ordered  the  coachman  to 
on  to  Kensington,  and  then  to  Brentibn 
so  on  from  town  to  town,  and  bid  him,  J 
Floyd,  have  nothing  to  say  to  any  hod; 
take  any  notice  that  he  was  travelling* 
his  lordship ;  so  that  in  the  whole  jouni 
Portsmouth,  be  remembered  no  town  but 
siugtoD,  Breiittbrd,  and  £gham.  Tha 
second  morning  his  lordship  proceeded  i 
.journey,  wiih  hired  saddle-horses,  wi 
boots,  with  a  guiile,  and  several  other  ■ 
circumstances,  which  may  be  seen  in  tb 
amination  of  Hugh  Flo^-d,  and  ethers,  in 
tion  to  his  lordship's  joumev  to  the  ■ 
Wight,  and  to  the  manner  of  bis  i 


#mI  oHeripJiit  a  TreoMonabk  C<m$pifacy, 


D,  1725. 


[358 


ibfiDce  ;  wbif  li  ft^rve  to  sliew 

r  of  bi4  ti>rfiilit|»'«  lli|(ht,  And  of 
\  lie  thought  it  to  take  adtran- 
\  (KMiible  ui  Uie  ucHicc  giren 

tibjcr  bang  sskcd  hy  llie  oommiltee  1 
vtMM  W  f«^t«d  ibe  Muneft  Ibuud  in  bis 
bni-irfiyBfi  mtaoof  bis  fMi|ierg,  ?iz. 


from 
own 


*•  D%by 

Oittry 


-  Dillon. 
— Buribrd. 
— HteeJ. 
-Tanners, 
-Waggfi. 
-Plunkett." 


I  of  soiDe  pctvons  wbom  be  bail 
latiofli  in  bu  Ictlen  lo  sir  Wil- 
I,  net  beiotf  lOserteU  iti  Ibe  cy^iher  be 
U6«iai  ¥M\%y  he  tt|i|jlieil  to  i^iunkett,  now  in 
Wttkff  !•  imow  by  what  oames  be  should 
^mtm  iImm^  pmont,  and  that  Plunkett  gare 
is  lb»  Mji  Acticioas  nami^  alio? ••meDttoned  % 
i^eb  Tiainfli  the  committee  find  freqaeotJj 
ta  riunkrtt^*  letters  and  papers, 
^aftltMl  if  Plunkeit  ever  explained  to  him 
M%  laaaot  by  Burii>rJ'tf  ctub  (an  expres- 
MA  M  «Hen  tiled  by  Plunkett  la  bis 
Ut   OUbm,  ai    wiU   be  observed  in   its 

t)  f  ilv  ftaid/lhut  Flutikelt  had  told  him,  it 
■I  J^ltle^jUiotl  luailii  use  of  by  the  Pre- 
1  bis  agents,  to  denote  a  club  of  Tory 
otb«r9t  of  which  eiub  lord  Orrery 
That  Piunkctt  bad  named  to 
Mkosof  dttttinctionj  as  members 
whrnsA  luicnes  Laver  repeated  to 
p^  isconydtied  in  bis  examination 
li»  ibis  Report*     Bat  the  committee 
r  li  a  |<x<h;^  ^*t<^  to  seYeral  of  the  persons 
by  LAycr,  to  observe,  that  the  matters 
1  m  Burford'aduh  in  Plunkett's  letters, 
ittffly  iaoonsistent  with  the  known  cha- 
\  oi  wtmM  of  tboee  persons. 

laked  by  1  lie  committee,  whether 

wa^ioifdnyed  by  Plunkett  to  transact 

'i  lbt»  nr  iinv  Other  club,  in  Plun- 

r('  arb to  the  committee 

liii  '  hjtikirti's  Ittters),  he 

delicti    It  ;    but  udmitted  that  he 

I  Itt  vkit  lord  ilrrcfy,  and  bad  fre^ 

p«mali«iit  wtib  bim   re  lathis  to  the 

agi^fff,    ami  the   npt^cs«ity  of  fo- 

'"   '     '"■    " ■  ii^r, 

-  ami 

anif  tbal  iord   Ui iL-ry  had  Jclt  a  uote  in 

J,  tlMK  i/C  Layer  csme  lo  U>wn,  be  jibuuld 

4owa  ta  bnl  Hrrery's  m  the  country, 

bo  mikralixid  to  be  with  an 

of  9kmw  disOMHwnff  more  at  leisnre 

\  ft mad<r't  aflbif  t  battn|r  nerer  had 

wilb  lofd  Orrery  in  tlie  way  of 

,  90f  uiy  other  pr irate  boainesii 

■  •■ttd  gt9«  ooaasioo  to  such  a  mcssago; 

tpm  b»«U  B0lffo4owa  at  that  time, 

bMIm  OMTve.  that  *  paper  of  1110- 

im  Ukm^  in  tita  book-^se  of 

which 


be  lord  Orrery ^s  own  writing,  in  which  th« 
message  lo  Layer  is  criotauu'dp  and  8 wort 
fegger  owoed^  that  be  di^livered  ihi^  mensago 
to  Layer,  and  that  he  bad  sou»eUinu4  tteen 
Layer  at  his  lordship^si  house. 

Layer  being  shewn  by  the  comtnittee  a  letter 
taken  among  hts  papers,  signed  J,  Plunkett, 
and  dated  ihe  Stb  of  Novemberp  17'20,  owned 
that  he  received  that  letter  tu  NoHolk  Iroin 
Plunkett,  now  in  custody  ;  that  it  relates  to 
the  Pretender's  atiaira;  that  by  Pluukett^s 
friend  in  the  said  letter  is  meant^  as  he  betietres^ 
Dillon  I  and  by  his  law-suit,  the  Preiender^s 
cause  ;  in  which  »ense  the  committee  find  tlie 
word  law  suit  frequently  made  Uhe  of  in  othera 
of  the  inteictpted  letters*  Layer  farlhitr 
owned  that  Plunkett  gave  his  wile  a  letter  of 
recommendation  to  general  Ddton^  when  she 
went  to  Paris,  which  letter  was  signed  Rogers* 

Being  a»ked  by  the  eommiiiee,  whether 
Phmkett  had  any  conferences  with  the  Pre- 
tender or  his  ageulB,  during  tlietr  stay  at  Home, 
or  had  owneii  to  him  his  being  employed  bj 
the  Pretender  in  England,  he  said  that  Plunkett 
bad  two  private  conferences  with  the  Pre* 
tender,  and  conversed  often  with  Francis 
Kennedy,  secretary  to  the  Pretender,  and  with 
others  of  his  agents  ut  Rome.  That  Plunketi 
has  frequently  owned  to  him,  that  he  waa 
employed  in  the  Pretender^s  aflkira,  hut  never 
explained  to  him  by  which  of  the  Pretender's 
agents  particularly  :  and  that  be.  Layer, 
never  opened  himself  to  Plunkett,  in  relation 
to  the  Pretender's  aifairs,  after  ibeir  return 
from  Rome, 

Yet  the  committee  observe,  that  Plunkett  in 
his  letters  to  Dillon,  speaks  frequently  oi  him* 
self  as  privy  to  La^er^s  trea^nabte  transact 
tioQS,  and  grounds  bis  recommendation  ot  Jllrs. 
Layer^  on  bis  knosv ledge  of  her  husbaiid'a 
nierit  and  industry  in  the  service  of  the  Pre* 
tender. 

They  likewise  observe,  that  Layer  owns  he 
received  the  names  of  Digby,  Burford,  &c. 
from  Plunkett  since  his  return  from  Home, 
vvbich  they  think  plainly  implies,  that  Plun* 
kett  and  be  were  privy  to  each  other *s  treason* 
able  correspontknce. 

The  several  |iBrticuhuii  above-mentioned 
contain  the  subitance  of  what  Layer  confcsfed 
on  bis  examinations  before  the  lords,  and  be* 
tore  your  commit  tee.  And  after  this  lung  ac- 
count given  by  him,  in  which  there  appear  so 
many  and  such  convincing  proofs  of  the  con* 
still  aoy  itt  general,  your  committee  think  it  pro- 
per 10  observe,  that  though  he  ailected  a  girat 
openneat  and  frankness,  wbeti  such  quesliona 
were  put  to  bim  as  tended  only  to  a  genemi 
discovery,  to  accuse  bimselt,  or  such  as  hm 
knew  were  escaped  and  Hed  out  ol  the  king* 
dum  ;  yet  wbeu  such  ipit^Htiotm  ivere  put  to 
him,  as  be  apprehended  might  aiTcct  or  disco- 
ver any  others  of  the  conspirators*  be  alwaya 
gave  answers  with  great  shynsss  and  reserve  : 
and  Ibia  care  lo  say  as  hide  as  possible  that 
inigbt  affect  other*  in  a  criminal  way,  jotned 
witti  a  dcauNs  to  tecio  candid  and  ingaainiitSf 


I 


oftpn  prodaeed  the  inconsisteDcies  and  oontra- 
dictions,  upon  wbich  tbe  committee  have 
thouj^ht  it  their  duty  to  make  tbe  fwegokug 
obstTvationM. 

Your  committee  will  now  proceed  to  lay  be- 
fore you  what  tlif>y  have  been  able  to  collect 
from  ttie  p«i|ierN  and  tvaininatiom  of  John 
Plunkett,  whuae  treasonable  |iracticp9  and  cor- 
re8)M)iidencen,  as  liaa  been  ob«rrved  before,  ap- 
pear to  be  9i»  closely  connected  with  those  of 
Layer^  thst  they  ^ve  great  iif|;bt  and  conttr- 
inatiun  to  4-iich  other. 

The  rnmuii  t(*e  obserfe,  from  a  careful  pe- 
rusal of  the  If  tiers  and  cy  i*her8  seized  at  Plun- 
kett*!!  lo«l|irui>rti,  that  he  nut  otily  of  late,  but  for 
many  years  pu»»t,  has  been  employed  in  carry- 
ing on  several  treasonable  correspondences  with 
persons  of  high  rank  and  distmction  abroad ; 
that  a  very  areat  share  of  confidence  has  been 
placed  in  him  by  the  Pretendf  r,  and  several  of 
the  anoKt  cousidorable  agents  for  htm,  and  that 
be  has  been  a  principal  actor  in  the  late  horrid 
oonspiracy,  and  too  much,  as  they  have  reason 
to  believe,  concerned  in  the  blackcBt  part  of  it. 
And  though  the  evidence  against  him,  in  seve- 
ral particulars,  is  most  full  and  undeniable,  yet 
his  behaviour  on  his  examination  was  so  har- 
dened and  obstinate,  and  attended  with  such 
bare-laced  prevarications  and  falshoods,  that 
the  committee  are  very  much  confirmed  in  the 
opinion  of  his  guilt,  from  the  pains  he  took  to 
deny  with  solemn  imprecations,  the  most  evi- 
dent truths. 

Layer  confessed  to  the  lords,  that  Plun- 
kett recommended  Wilson  to  him  as  a  man 
of  integrity  ;  that  Plunkett  went  by  the 
name  of  Rogers  in  Italy  and  since;  and 
signed  the  letter  which  he  gave  Airs.  Layer 
for  KtMieral  Dillon,  by  the  name  of  Ko|fers. 
But  the  committee  observe,  that  Layer  let  them 
remain  in  the  error  of  believing  that  Plunkett's 
Christian  name  was  James,  till  the  question 
was  put  to  him,  on  his  second  examination,  in 
such  a  manner,  that  he  found  the  commiitee 
was  already  apprize«l  of  bis  true  name,  wbich 
be  then  ownni  to  bo  John.  He  farther  owned, 
as  ban  bfen  oliserved  above,  that  Plunkett  re< 
ceivLil  a  i<  tt^r  um'er  the  Pretender's  own  hand 
at  Rome,  was  twice  in  private  conference  with 
the  Pretender,  conversed  with  Kennedy  and 
other  agents  of  the  Pretender,  had  assured  him, 
Layer,  of  a  ^ood  recpptiun  at  Rome,  was  kind- 
ly spoken  of  by  the  f  retender,  bad  owned  to 
Layer  his  hciog  employeil  in  the  Pretender's 
service,  and  his  ci  rre*s|K>nding  with  Dillon, 
writ  to  Layer  in  Norfolk,  in  relation  to  the 
Pretender's  affairs,  and  gave  Layer  fictitious 
namrs  for  Dillon,  lord  Orrery,  the  req^ent,  &c. 
and  aiiioiig  the  rest,  tbe  name  of  Rogers,  to 
denote  him,  Piunkctt ;  which  firtitioiis  names 
the  committee  find  all  of  them  frequently  used 
in  Plunkett^k  papers.  >* 

It  appears  farther  to  the  committee  from 
depositk>ns  upon  oath  of  Matthew  Plunkett, 
tlirft  John  Plunkett  came  to  him  in  July  last 
from  I^yer,  to  doiire  him  to  most  Laytr  al 
tho  itsliaa  ooffeo-houM  ia  "      ' 


[S60 
■smdy  t» 


359]  9  GEORGE  L  Proceedings  againtt  Bishop  Aiterhmfi 

named  to  him  the  same  persoast 

head  an  insurrection,  who  were  at  i 

time  named  to  the  said  Msttbow  Flaiikcttby 

Layer  on  the  same  oceasioo.    • 

that  he  farther  asked  Matthew 
whether  he  was  well  aoquainted  in  the  i 
among  the  soldiers  P  T6  which  be  repU^  lit 
knew  many  «if  them  that  had  beeo  whli  lHi»' 
Spain  and  at  Preston.  That  John  Phdhrtk 
then  told  him,  he  came  from  Hr.  Layer,  aii 
under  the  arch  going  into  Dmry-lane,  lUptA 
him  to  pick  ont  aa  many  seijeaots  as  be  kaow 
in  the  guards  to  recommend  tbens  to  Mr.-- 
I^yer :     That  the  next  time  ho  saw  i 


or  wmB 


Pliinketr,  which  was  in  two  or  three  dajL^ 

he  inviteil  him  to  his  chambers,  and  thsK  fmk 

him  Mr.  Layer  was  a  verv  good  man,  aniiM* 

only  one  he  cM>uld  depena  on  to  do  hlv  nui 

vice :    That  the  design  on  which  he»        '' 

Plunkett,   waa  to  introduce  the  an 

Layer's  acquaintance,  was  to  serve  the'i 

tender  by  disciplining  the  mob,  who 

rise  in  his  favour.      And  that  s^\  the 

tions  of  John   Plunkett,  with  him, 

Plunkett,  were,  to  engage  him  in 

by  his  acquaintance  among  the  i 

the  Pretender:   That  John  Plunkett 

him  after  wants  in  Covent  Garden, 

what  he  hail  done?   To  which  he  ifplisi,it 

went  on  very  well,  and  John  Plunkett  biA  UV 

go  and  tell  Mr.  Layer.  :  'ssf 

Mattliew  Plunkett  farther  depoeet,  lilrf 
John  Plunkett  told  him,  the  busineae  (i 
the  invasion  and  rebellion)  bad  ' 
fore,  but  that  the  French  ambi 
to  the  regent,  and  the  regent  wrote  h'ti 
king  George  (or  words  to  that  dfeet)  an# 
it  was  upon  that  account  the  amy  was  atffe 
to  camp.  "^ 

Dr.  Blackerhy  Fairfax  has  dcpOsMl 
oath,  that  being  in  company  with' 
and  one  Jeffcreys,  Jefimys ) 
course  said,  Plunkett,  give  the  Doctor  a  i 
misaion,  addincTi  Plunkett   has 
which  Fairfax  underntood  to  mean  eomi 
from  the  Pretender ;  but  that  Plnuketti 
eil,  The  Doctor  does  not  wear  a  sword. 

The  comniiuee  observe,  that 
kett's  papers  was  found  a  larico  ei 
names  with  fictitious  names  over  ( 
sworn  to  be  all  in  Pluukett'a  own  i 
ing,  which  cypher  tallies  with,  and  Wf 
original  lettcrr  of  the  «3d  of  Jidy,  VtU^ 
to  Mr.  Digby  at  Paris,  and  siptoed,  J. 
which  was  stopt  at  the  post  olBce,  and 
wise    sworn    lo  be  Plunkett^s   haod-^ 
And  several  other  Urtters  directed  lu  Digby^i 
signed  J.  Rogers,  havtnir  hkewiae  beenofMr 
and  copied  at  the  |iobt-utfioe,  and  than  i 
forwards,  the  clerks   who  were  empVm 
copying  them  have  sworn,  that  to  tlia  M 
their  memory  and  hi' lief,  the  ori||{i\ulsi 
said  letters  were  all  writ  in  tbe  navntt  hini 
thai  of  tbe  SSil  of  Joly,  which  w»%«mi 
is  sworn  lo  be  Plnnkatt'b  j^***^  ^w"* 


,fnf  a  TrciUonnbU  Conspiracy,  A.  D,  172S. 


art  found  in  llie  cy|)b€r 
i  Vk»nktn*A  hwDit- writing. 

•re  iolbrmed,  lh»t  il  was 
» ctop  but  one  of  the  «>rjgLoal 
okett,  ftfitl  to  suffer  iiie  others 
I  h>eiMii  it  was  juf^ged  (hut  oue  wus 
kmiliicover  the  wriier,  tnd  thai  the 
M  i^e  i!orT«B|iuiidenGe  to  be  continued, 
Ip  tfoe  gv^rninent  lo  Imither  lights  io 
^. 

Itknvine  observe,  that  there 

'  bn  papers  au  orikfinal  letter 

'  tbe  SOth  of  May,   17'i2, 

J  by  tbe  ckrki^  of  the  post  office 

e  wtoicb  tbe^r  opened  und  took  a 

"  '\  waa  directed  to  Mr.  Jaiuca 

,  Altbar*S|  banker  in  Loiidoti^ 

~^Miti  ta  aioce  torn  off.    From 

r  oiMDiDtttee  obaerve,  that  his 

traa  dia^utsed  aa  well  aa  hif 

i  f*cei  pt  of  this  letter  i  s  ackno  w  * 

'  IIm  copy  of  out)  to  Dighy  aigDed  J . 

'  '      like  y lit oi  May,  iK  8.  iirz. 

^bnenre,  that  the  original 

by,  ia  in  the  same  hand  with 

Jizwdi,    found    abo    among 

and  owtiett  by  Layer  to  lie 

r  ab«wn  him  by  t*iuukeu  at  Ant- 

mNiral  Llihou;  tliitt  the  letter 

aJao  in  ili"  •^^^t"*^'  hand  with 

lA.  iV  !ed  to  Ki> 

rwbich,  ttv  )  Kiiniiteeare 

taken  oq  one  blunt  a  Popish 

■  from  France,  and  owned  by 

^fts  Itum  general  Dillon  U»  Uh  nephew. 

farther  oUisrvrf  timt  tlieae 

llr^hy,  DixvieU,  and  A.  D. 

ban*l  wilb  another  iii^ued  C\ 

also  amoui^  i'liiukrtt'v  papers, 

of  Howell  IH  tfX|duiui'd  in  Phin- 

t»  nkeaa  itla^gow,   whom  the 

to  believe  to  be  ChriitO' 

Irish  otiicer  in  Uillvti'ii  re- 

tra  til  b«5  eruployed  b^  Ddlon 

IfvaaonaMe  kiteix   M(,^ue<l   by 

aa  well  a«  m  unun^  < 'libera  ol 

iiii^iii<4i  hv  tktitiouis  uiiUie^   be- 


tbo 


Bttr 


,  tliwt  iu  the  co|iy  of 


I    hu  liilovy-tra< 
J  ilty  betorc  for 
rta^i  iti;ii  hi:  guie  b«r  a  Irttrr  to  biui, 
^^icb  agrc«fji  with  Layer's  eonfevaiout 


iMtaa 


did    ^.^         - 

tm  I  > 

ft4  fro. 

I  Ibat  i>illou 
M  nnl  pant  uil  d 


Her  of 

^,  aud 

iu'    [iditllO   of 

wbieh  uaoie 

u^  lord  Orrery  to 

went  by  the 

iiht^  Li  a  dJB- 
Mr.  Craulu 
i*Ik#  bemy   <,,,,,.   i    i  .   ,i  a- 
uieaut  by  that  uatue^  iimda 
I  iiMWii^  ouotnraiice.  ui«iitJINi«d 


"  1  have  j«ft  now  found  oat  who  Mr  Th^hr 
ig.  I  folded  op  a  paf>er  iu  the  form  of  a  leuet. 
and  sealed  it,  and  directed  it  to  Mr,  Di^by  at 
Parla,  then  wrapt  it  up  in  a  piece  of  waate 
pa|j«r  wiih  a  meniormndura  io  it,  to  be  inform- 
ed at  Mr.  Waters^s,  banker  in  Cliri«tine  itreet, 
io  what  part  of  Paris  Mr.  Ditfby  lived;  I  gave 
it  thu^  Diade  uff  to  a  sharp  young  fellow  wb<» 
speaks  both  French  and  Eoffliah,  and  ordered 
him  to  go  booted  and  a  little  dirtied  to  Mr. 
Waters'if  to  open  before  bim  the  sham  letter 
and  read  his  meinorartdunu  and  to  shew  him 
the  direction  of  the  letter,  and  to  desire  him  at 
the  same  time  to  send  somebody  with  him,  to 
conduct  him  to  the  place  where  it  was  lo  be 
delivered  ;  that  as  soon  as  he  should  come  to 
the  door^  %vhere  he  was  to  deliver  it,  he  shoulil 
pretend  to  have  left  a  packet  at  home,  and  mak- 
ing as  if  be  would  go  back  to  fetch  that  packet, 
he  should  slip  away  from  (he  person  who 
shewed  bim  4ltitlier.  The  thing  succeeded 
better  than  1  expected^  ior  Witters  was  not  a4 
home,  and  my  man  acted  his  part  so  well,  that 
Watera'fi  chief  book  keeper^  without  giving 
hioiaelf  the  trouble  of  goin^;  wrote  tbe  direc- 
tion for  bim  upon  my  &liam  letter,  in  the  man- 
ner your  excellency  will  see  in  the  enclosed* 
The* book-keeper  was  very  desirous  tt>  hare  the 
letter  in  order  to  deliver  it  himself;  but  my 
man  insisted  to  deliver  it  with  his  own  b»nd« 
and  answered  holdlv  to  some  que«>tions  which 
the  book- keeper  asked  him,  preteniiing  he  was 
to  return  the  next  diiv  for  Eogliind/^  The  di* 
reclion  wni  hv  i^Ir.  ^^att^rsV  Imok -keeper  under 
tbe  name  of  Digby  was  A  Monvieur  Dillon, 
Rne  Colotnbier  a  V  Hotel  d'  Holiande:  which, 
as  your  committee  are  itifbrnied*  \h  the  ordi* 
nary  resideuce  of  Ueuteniiiit  general  Dillon. 

Opon  this  discovery  notice  wus  sent  from 
France,  by  Dillon  and  his  agrnt^t  t)  bis  correa- 
poodents  ui  England,  to  forbid  them  muking 
use  any  more  ot'  ihit  tictiiiou«  name,  as  lihall 
lie  more  fully  taken  notice  of  hcrealier  in  tbit 
Report. 

Not iiith standing  nil  ibis  evidence  of  Plun- 
kett^s  coiTcspondintr  ^>i(h  Uillou,  nhen  he  4«aa 
examined  he  denie4i  hi8  kn<iwmi»  tfeiifml  Dd- 
lon,  or  his  hnving  ever  exchtinged  a  li'ttcr  with 
Diik)0  Of  bis  secretary  in  his  life ;  he  denied 
tbe  tetter  to  Digby  of  the  TSd  of  July  f<top|>ed 
at  the  posl-othoe,  and  the  c>  pher  Ibund  at  his 
Indlftnifs  lo  l.e  hiM  own  hand* writing;  liede* 
uM«d  tbe  receipt  of  the  letter*  Iroin  Howell, 
Dixwell  anil  Utgby,  found  iiiu'ing  bis  paper*  ( 
but  owned  he  had  once  rrreiveil  a  letter  from 
one  FareHy  a  Pupiah  pri**^t,  formerly  governor 
to  the  duke  ot  Berwick^s  chihlrm,  signed  by 
I  be  name  of  Diirby,  and  relatinif  to  stocks  of 
Nicholas  WotjfBir*  and  olhiT*.  The  commit- 
tee obaervethut  in  thtH  prevaricatnig  answer  he 
was  labouring  to  account  for  the  meaning  of 
the  %vord  « f^tock*)/  which  is  mrntHKi^d  iu  tbo 
Utter  from  Uighy,  but  will  l>e  ehewn,  iu  tbt 
aeuuel  of  thi>;  u«i»ni(,  to  he  meant  m  a  very 
diflereni  aon^  ^  natural  iiuport,  and  lo 

meoii  tho  eon  ;       ;    only;  and  lu  Pluiikett*t 
owii  cypbtr  tbt  fioliyoai  word '  brokert/  ii  ei^ 


D  GEORGE  L  Proceedings  agaimt  Bishop  Att^rtmr^^ 


\  plnifKHl  agents.  Upon  preBning  biro  farther  to 
^  «oe  if  be  would  own  Lbe  correspoDdence  witb 
I  Pillou^  and  ackoonrtedge  Uie  leiters  the  com* 
I  aailtee  bad  such  full  e? idence  vrerc  bis,  th«y 
i  fbuud  tbat,  io  order  to  avoiil  the  ownine^  it,  he 
t  bioMelf  iato  such  an  evident  ahitirdity  and 
Dcr,  as  appears  to  them  a  strong  ar- 
[g'umeDt  <»f  his  ^litt. 

T      He  attirmed  the  cypher  (which  is  swoni  to 
iW    bis  owD    band-writiog')  to  beloni^  to  one 
LiJUQ^^b  Tboinas,  formerly  of  the  hc-rald's  othcef 
ibo  bad  lodtffed  in  the  same  bouse  wtih  him- 
[•elf;    tbat  he  bad  heard  this  Hiipb  Thomas 
j  ©wn  in  compny  with  Neynoe,  that  he  correa- 
f  poii'Jed  vtivii  Dillon  j  tfiut  Huisrh  Tliunias  went 
Kpy  tbe  name  of  Rogers ^  and  thai  he,  Phinkett^ 
[fbund  this  cypher,  and  seroral  letters  direcletl 
rRogers,  among;  Hu^h  ThomiLs's  old  books 
1  fmpers.     Deinq'  asked  wbeiber  H  ugh  Tho- 
I  ever  signed  IMuukett  ?  He  said,  not  to  his 
vledge ;    and  tlieu  endeavoured  to  impose 
I  tbe  committee,  by  tcUin^  tbem  his  ow  a  true 
sine  ivas  PbnketL     Being  asked  what  was 
ofue  of  this  Thomas?  He  said,  be  bad  been 
ad  a  year  and  a  half,  and  tbat  be,  Plunkett^ 
Ittoutd  not  keep  him  alive.     Bat  the  committee 
re^  ihat  the  orif^inal  letter  to  l>igby^  sign- 
1  J.  Rogers,  is  doited  the  93rd  of  July  last,  and 
"^yet  is  in  the  same  baud  with  that  cypher,  which 
pe  pretends  to  be  the  writing  of  a  man  who  has 
been  dead  a  year  and  a  half.    Tbey  oliserve 
likewise,  that  the  letter  from  Dijg^by  directed  to 
Rogers,  is  dated  the  aoth  of  May,  \T'l%  and 
lhat  most  of   the   letters   directed  to  Rogers 
(which  Plunkett  pretends  were  writ  to  Hugh 
Thomas)  had  the  name  of  Rogers  bhHted  out, 
^liul  that  of  John  Phmkett  writ  over  it;  and  yet 
he  owns,  be  never  knew  thst  't^bomas  v%eDt  by 
the  name  of  Plunkett :  besides  h  bich,  it  is  no- 
torious,  that  Plunkett  iiimself  went  by  the  name 
of  Roffers  in  Italy,  and  Layer  has  owned  not 
only  that  Plunkett  went  by  tliat  name,  but  that 
be  signed  >Trs.  Layer's  letter  of  recommenda- 
tion to  Dillon,  by  tlie  name  of  Rogers, and  also 
gmve  htm.  Layer,  the  name  of  lugerB  to  de* 
Dote  himself,  tit  the  same  time  that  he  gave  him 
the  name  ot  Digby  for  general  Oitton. 

Your  committee  are  of  opioion,  that  these 
circumstances  laid  together,  leave  no  room  to 
doubt  but  that  Plunkett  writ  and  received  the 
letter  above-mentioned ;  tbe  contenti  of  which 
Urill  be  ejcjdained  in  tbeir  place. 

Plunkett  being  shewn  a  letter  without  direc- 
liOD,  si^ed  N,  Wogan,  enclosing  a  cypher, 
-rhich  IS  called  jo  tbe  letter  the  duke  of  Ber- 
rick's  key,  he  said,  this  letter  and  cypher  like- 
'fvise  belonged  to  Hugh  Thomas,  who,  he  said, 
OOrresponded  with  the  duke  of  Berwick  about 
getting  subscriptions  lo  a  book ;  which  matter, 
Uie  committee  observe,  neither  needed  any  cy- 
pher, nor  could  well  be  treated  of  by  the  he'lp 
of  that  I'hey  likewise  take  notice,  that 
Plunkett  owned  the  receiving  a  letter  from 
Digbv  in  relation  to  tbe  said  VVogan's  stocks, 
and  lhat  Wogan  is  inserted  in  Plunkett's  own 
cypher  by  the  name  of  X«  land,  which  circum- 
stances make  it  probabk  be  did  correspond  with 
Wogaa. 


Thei^  is  one  farther  particular  reli 
this  cypher,  which  I  he  committee  tbiul 
per  to  remark  to  the  House,  which 
Plunkett,  while  be  was  in  eiHtody,  i 
certain  book  might  be  broogbl  to^iiiii 
lodgings,  but  the  tiie8teiig*^s  wife,  seer 
tbe  book  before  she  deUvetsd  it,  has  »- 
upon  oath,  that  she  found  iu  it  ihia  li 
N.  IVogan.    And  as  the  committee  are 
e<l,  tbat  most  of  bis  other  cyphers 
were  found  hid  in  the  leaves  of  his' 
thiuk  it  probable,  that  he  singled  out 
in  hopes  of  recovering  and  flestroying 
pher  that  serves  to  explain  his  letters  ; 
tents  of  which  the  committee  will  aow 
to  lay  ljefi»re  the  House,  and  to  avoid 
of  names,  wherever  tliey  can,  will 
the  real  names  found  in  bis  cvphor, 
the  fictitious  ones,  by  which  tbey  are  e^K^ 
in  bis  letters  annexed  to  this  Repon, 

Amon*;  his  pa|iers  was  tbnnd  tbe  foul  ^ 
of  a  letter,  dated  March  the  22nd,  irS 
directed  tA  Mr*  Jackson,  which  in  bis 
pher  is  explained  ibe  Pr^iender     In  tbi 
drausf ht  (which  is  sworn  to  be  his  haud^iri 
are  the  foMowiug  passages  : 

**  I  look,  Sir,  on  j'our  law* suit  to  be  in    ^^ 
a  forwardness,  tl»at  a  speedy  and  happy  f^^^i 
cation  must  inevitably  ensue ;    the  \V  aag^^  *^  ■ 
well  as  the  Tanners"  (which  names  K   • 
plained  to  Layer  to  denote  the  Whigs 
ries)  **  seem  convinced  that  nothing  kfi 
redress  their  ruin  :  nay,  the  latter  is  apj 
sive  the  former  will  compliment  you 
your  own  terms,  tn  order  to  eogrosa 
vour  for  the  future.     Tbe  precepts  my 
and  I  gave  in  lately,  have  contributed  m 
this  emulation  :  we  have  more  to  give  In  j 
if  tbey  improve  them  sk  tbey  have  theft 
you  will  have  a  good  game  oiiH.'*     The 
replication  and  precepts  are  not  found  in  his 
pher,  but  tbe  sense  of  tbe  former  may  cislly 
guessed  at. 

He  afterwards   adds;    **The  gentkm 
mentioned  to  you  formerly,  is  come  oiil  of 
countr}',  with  instructions  to  watt  on  yoit, 
tender  you  his  service  ;    he  ofl'ers  to  best 
expences  if  1  go  with  him  :   as  1  take  it 
my  going  will  be  of  more  use  than  my  sta; 
now,  I  believe  I  shall  accept  of  his  omrr,'*' 
another  foul  draught  of  tbe  same  letter, 
says,  (as  has  been  before  observed)  **  Thm 
ono  sets  out  from  Norfolk  in  a  few  days,  H 
you  know  the  Tanners  will  stand  by  yoa 
occasion,  and  offi^rs  to  bear  my  ezpenceo; 
that  f  shall  wait  on  you,  and  have  the  sftii 
tion  to  tell  you  by  word  of  mouth  what  miM 
acceptable.     He  carries  the  List  with  bin 
And  in  head^  or  minutes  of  the  same  letter, 
says,  **  Wag  and  Tanner  will  etjually  coucar. 
—My  friend  wdl  wait  on  you  to  tender 
service — Our  message  will  pio  the  btal 
You  may  have  daily  messRges  of  this 
you  will  be  courted,  tt  i§  the  English  way — ** 
Tbe  committee  think  it  unnecessary  to  re* 

C>8t  here,  bow  inconststeul  these  Mtounts  of 
ayer's  Jouraeyi  are  wiib  Ihciefifeiily  Lji; 


othtrttfor  a  TreatonabU  Contpiraetf.  A.  D.  I72S. 


r3C6 


_^ Imw  strongly  they  contradict 

iiiold  useveratioUf  that  tie  knew  no- 
iflLj-^T^i  inteading  lo  go  lo  llotue  be* 

il  df»oghi  of  a  letter  was  (bund 
L^$  papers,  and  is  sworn  lo  be 
the  mailer  of  which  appears 
f  ery  renaarkabJe.  It  is  not 
B«lt  tiut  apoearB  pUinly  to  have 
^  tM^nniDgot  the  last  year,  and  in 
Uc»^mg  passages,  *^  1  bad  four  of 
»»«.^*s  leticra  since  my  last  lo  you  ; 
ti  Eaaid  tUem  all ;  bia  clerk  gave  me 
■*^  ibey  were  sent  to  31  r»  Jos, — 
^^^5  not  to  trouble  you.     This  on!  v 

*  ift.  t»»ppy  new  year*  I  hojie  il  will 
J'^^-suit  lo  bear,  atore  it  will  end  ;  if 
^  Heave  courage  and  iotegHty,  they 
J  ic.  George  out  afore  Lady-day 
L^fi  iu  ftoother  part  he  says,  afore 
*J  **  He  is  weary  of  ibera,  and  thinks 
*w  Kiaying  among  them."     liappears 

•  V^^r*  that  Plunkelt  bad  couvi*3ed 

*  «oiiie  letters  of  count  Bolhraar^s  to 
*^y  J  that  lord  Orrery's  clerk  had  given 
>  liitdersland,  those  letters  were  sent  to 
rcleailfr  (from  whence  it  may  be  con- 
It  tltit  either  lord  Orrery  or  his  clerk  had 
ti  eiirrespoadeoce  with  the  Pretender,) 
it  Plunkelt  was  privy  to  some  design  for 
f  L  George  out  (as  he  calla  il,)  which 
fcquired  courage  and  integrity,  and  was 
kbeen  executed  either  before  Lady-day» 
rra«  liuring  the  elections,  or  by  the  be- 
' of.  May,  whidi  was  the  second  period 

•  lias  been  ob^rved)  tor  beginning  the 
ilioo.  Simon  Swortfegjjer,  secretary  to 
rcry,  owned   upon  his  examination  he- 

»nd«,  that  he  was  acquainted  with 
ftfl  had  been  in  company  with  him 
at  Mr,  Aaron  Thompson's  cham- 
Uu)  Plunkelt  owned  to  the  committee 
g  acquainted  with  Hwortfegger,  and  bis 
Men  in  company  with  him  and  Layer, 
r^  houae ;  but  denied  bis  knowing  any 
the  foul  draughts  of  the  letters  above* 
ed. 

tellf  in  his  tetter  to  Dt^by  of  the  2Ut  of 
ijra,  *^I  liope  io  a  little  time  Mr.  Jo* 
itlitch  Layer  owned  to  be  the  Pretender) 
r  the  ministry's  only  refuge,  fiurford" 
Layer  declared  likt:wise  lo  be  Orrery) 
lis  chib  seemed  lo  think  ao  r  they  will 
lager  in  the  pie  if  they  can  ;  I  know 
I  OMBa  in  for  a  good  share  in  it,  if  they 
e  a  little  concert  and  regulation  ;  there 
ic  lliat  will  underUike  to  do  tlie  job  in 
boon  time.  A  little  time  will  shew 
ribey  will  give  Qtting  encouragement ; 
r  three  are  taken  ofl*,  no  matter  how, 
Mge  wilt  go  off  by  hook  or  by  crook, 
oenrae  the  Lowty  wilJ  be  for  Joseph : 
lieiro  communicated  to  your  friends/' 
liaaaeant  by  the  Jwowly,  does  not  ap- 
hia  cypher;  hut  by  the  seoae^  and  the 
lical  order  of  the  cypher,  it  is  not  im* 
I  but  jl  may  mean  tne  mintitry . 


Whether  the  job  that  was  ready  to  be  ud* 
dertaken  on  fitting  encouragement,  and  to  be 
performed  in  twelve  hours  time,  relates  to  the 
rash  cnterprisfie  for  surprising  the  city  of  Lon* 
don,  which  b&s  been  already  taken  notice  of, 
or  to  the  wicked  and  execrable  design  for  scia- 
iog  and  destroying-  his  majesty's  sacred  person, 
of  which  mention  is  expressly  made  in  two  sub- 
sequent leUers  of  Plunketi's,'^  is  leA  to  the  con* 
sideration  of  the  House. 

But  the  committee,  from  comparing  the  me^ 
raoraudum  at  the  eud  of  the  paper  of  reaola- 
tions,  in  the  following  characters  Dis.  C.  W. 
M»  with  the  two  or  three  that  are  mentioned  in 
this  letter  to  be  taken  otf,  and  likeivii^e  with 
VVilsuu's  intimation  to  Layer,  that  if  lord  Ca- 
dogan  were  but  shot,  the  soldiers  would  declare 
tor  Ormond ;  and  aba  with  Layer^s  negocia- 
tion  about  seizing  lord  Cadogau,  and  with  the 
paragraph  io  his  8cheme  for  eetxiog  some 
great  persona  at  their  honsfs,  aee  reeaioii  to  be* 
lieve,  that  by  the  first  of  those  characters  in 
meant,  DiH[mtch  lord  CitdogsQ;  and  by  the 
olJterSf  two  other  officers  of  distinction. 

In  the  same  letter  of  the  121st  of  May^ 
Piunketl  takes  notice,  *^  That  Johnson,  uu  ac- 
quaintance, was  taken  up  the  day  betbre,  but 
had  burnt  his  papers,  and  seemed  to  be  easy  ia 
the  matter ;  and  adds,  1  believe  they  will  get 
nothing  by  him/' 

Piunketl  being  asked  by  the  committee,  whe- 
Uier  be  was  acquainted  with  George  Kelly, 
alias  Johnson,  said  he  knew  him  by  sight  and 
coffee- house  acquaintance  only  ;  that  be  did 
not  remember  his  having  ever  received  a  letter 
from  biin  ;  aud  Kelly  p^ve  the  same  acconnt 
in  relation  to  Phmkett :  yet  a  tetter  from  Ketly 
was  found  among  Pluukett's  papers  ;  and  John 
Ma  lone,  who  wailed  on  Kelly  at  his  lodgings, 
has  named  Piunketl  in  his  deposition,  as  one 
whoot\en  visiteil  Kelly  there.  And  the  com- 
mittee are  satisfied,  that  they  were  privy  tn 
each  oilier 's  treasonable  correspondence,  hf 
some  passages  in  the  letters  lo  and  from  Kelly, 
in  which  mention  is  made  of  Piunketl  by  the 
name  of  Rogers,  as  will  be  shewn  in  its  proper 
place,  Plunkelt  concludes  bis  letter  of  the  31sl 
of  May  iviih  these  words:  "The  motive  of 
my  journey  is  over  at  present,  my  pocket  feels 
it,  the  man  must  be  fed  with  money  now  and 
iheu  ;  the  labouring  oar  will,  I  believe,  be  laid 
ou  me**' 

As  he  denied  the  writing  these  letters,  the 
committee  could  not  draw  from  him  any  expH* 
cation  of  this  parngraph  ;  but  comparing  it 
with  the  other  part  of  his  letter,  where  it  is  said, 
that  a  little  time  will  shew  whether  Burford 
(lord  Orrery)  and  the  cluh,  would  give  fitting 
encouragement  for  undertaking  the  job ;  they 
think  it  appears  probable,  that  some  part  in  this 
job  is  the  labourine'  oar  referred  to,  for  which 
lie  expected  to  he  fed  wttli  money. 

His  next  letipr  to  Digby  is  of  the  Slst  of 
Mav,  in  which  he  says,  ***He  finds  the  regent 
haJ  a  hand  in  ket^ping  k*  George  from  going 
abroad,  so  that  the  ministry  wtlf  carry  on  their 
game  safely  and  lejsurety  tvithout  any  oppo- 


4 


9  GEORGE  I.  Proceedings  mgaintt  Bishop  Aiterhmf^ 


lition  whatever  from  the  clab,  or  way  of  tbe 
Pretender's  friends/*  He  adH»,  **  Let  tbem  be 
ever  «o  sanguine,  they  cah  di>  noihinif  as  long 
an  Ihe  regeiit  slaiidn  by  the  ministry:  Hut 
ihoutd  Oi'inoDfl  come,  %vitli  Imlf  a  lim^n  retfi- 
lUPiiUorily,  he  woukl  carry  hi*  \mint^  anil  make 
k.  Ueorife  run  for  it*"  Thrs  |ias!kA^e  ctinfirms 
^hai  hath  be^n  set  forib  nbtive,  that  the  late 
duke  of  OrmoudS  coming  over  made  a  )»art 
of  the  orijt^inal  Scheme^  and  ag^rtes  ^iiii 
the  ticcouDls  received  frojn  Spain,  of  Iriiih 
•oldi^rs  prof ided  there  for  the  Preterider*s  ter- 
fice. 

Plunketttheu  adds^  **  If  Bnrford  O^^rd  Or- 

ery)atid  the  club  have  a  ititiid  to  liate  k.Gcorf^ 

^-dehFered  U|»  tti  Ihem,  he  shall ;  there  are  those 

that  wiU  uadrrlukc  il,  and  oHer  to  do  vvbutever 

required*^*     And  in  his  teller  uf  the  41  h  ol  Jidy, 

lievuyst  ** '  I  can  as&ure  yuu,  despair  hait 

nitule  some  to  take  a  niitdution  to  lay  violcfil 
Juuids  on  k.  George  ;  but  tliei-e  is  a  stop  put  to 
Ibem  8t  present  1  Ji  is  nut  the  Pielender'tt  in> 
terest ;  hut  ynu  cau*t  do  so  always  j  au  i\\  pre- 
cedent is  daii^erous«" 

The  black  and  villainous  design  expressed 

by  these  iwo  paragraphsi  neeils  no  eX|ihcalion 

(fro I II  your  committee,   who  are  sens^ible  tbe 

louse  cannot  have  heard  them  read  wktiout 

Itbe  utmost  horror  and  ludij^oaliou. 

He  ^ipeaks  uf  IntoiieU  in  these  letters  «s 
ImoHingthe  meo«  uho  badtakeu  a  rosi^dimon 
|fO  lay  rudent  bauds  on  the  sacretl  person  of  bis 
tnnjosty  ;  and  wa^  himself  so  far  eo^ag^ed  in 
this  execrable  desitrn,  as  to  say  in  one  of  bis 
letlerSf  ]f  tbeelnb  de«ire  it,  [m  majesty  shall 
be  deliverefl  op  inio  their  hands  t  And  in  ano- 
ther letter  disiuades  it,  tiiil  out  of  any  con- 
•cience  or  remorse  fur  the  criine«  but  merely  for 
tear  the  same  barbarity  should  be  rein  hated  on 
tbe  Pretender  :  Vet  this  mao  still  continues  so 
hardened  and  obstinate,  as  to  renew  bis  gnilt  by 
refusing:  to  muke  the  least  discovery  at  bisac- 
comfdtees,  or  to  ^ive  this  only  reparation  aod 
^onemeot  be  is  capable  of,  to  a  country  which 
\  bai  been  labouring  to  iorolve  to  the  greatest 
l|ialamitit*^* 

He  utterwards  says,  **  That  tboug^b  there 
ibouhl  ite  a  ri»tng  iu  most  parts,  if  the  mob  is 
I'fceat  in  onu  place,  the  rest  will  go  borne  and  be 
quiet  tor  seven  years  more,** 

His  next  letter  is  of  the  'iUt  of  June :  In  this 

Be  says,  ^*  That  Burhird  anil  tbe  club  thmk 

bemselves   sb^bted   by  the   regent  and   mi- 

Bistry  ol  France ;   nod  conceive,  that  tbe  re> 

I  joins  with  king  Georj^e  lo  be  revenged  oo 

liem.     That  h«  may  have  room  to  repent  it 

arly  or   late ;    for  should  the  parliaraeat  be 

(»ke,  and  a  ue>v  one  called,  he  might  tind 

||lim»elf  aiore  emburras^^pd  than  be  is  aware  of.'^ 

leadds.      *'  II  the  re^etit  stands  aeuter,  they 

liil  soon  brmg  iht^  Uv%-sujt  to  hear;    so  far  1 

piin  iiatistii'd  or  it,  that  lour  or  Hvc  hundred  meo, 

itida^  many  arms,  with  1,WX>/.  will  complete 

He  matters  lo  a  btll«  time,  and  give  a  ;food  ac* 

ount  i>t  king  George  and  the  miniiitiy ,      The 

^miy  wantonly  an  opporiuniiy  to  do  their  duly* 

Tbiji  •cbectiej  if  Uuly  ;uid  discreetly  iuanaged| 


will  give  tbetn  an  opportunity  to  do  it 
we  sure  the  regent  ivould  not  tnb 
would  Uke  it  in  band  forthwith/*  _ 

The  commit  tee  make  no  doubt  Kill  the . 
ban  prevented  tbem,  in  observing  tiow  i 
this  leti<-r  agrees  with  Iheaocouiilft 
tmie  before  from  Prance ;  that  the  eo 
reckoned   on  great   |mrt  of  the   ktog^ 
forces:    and  ouly  desired  tlie  regent  ■ 
would  keep  himielt  neuter  l>etweeii  ila 
leniter  and  his  niajt*sty.    And  this  letter  a 
lo  have  \\een    writ  at  the   time  whc«^ 
Wilson,  >lurphev  and  Plunkett  were  It 
to  corrupt  tl»e  oflficers  and  soldiers  oft' 

I'Jutikeu  iidds  in  the  same  letter,  * 
reg^^ni  and  ctjort  of  Spain  w  ill  but  ply  k- 
H  idi  large  deniamis,  and  bring  the  C&. 
to  Hanover,  Ihe  Pretender  wilt  have  a 
biancbe'  from  tbe  ministry  and  kiiH? 
as  aho  from  all  tbe  rest  of  bts  frieeifi 
foes  :  Tbin  I  lake  to  be  tbe  best  and  talc 
bitth  for  tbe  Pretender  and  bis  well^wii 

This  expression  of  tbe  PretenderV  i 
*  carte  blanche*  Crom  tbe  king  and  roia 
repeated  several  times  in  PhinkettV 
and  however  extravagant  and  ill  footided  i 
snggt^fttions  were,  yet  tbe  committee 
bill  4di«erve,  that  his  representatiOfis  n^pt^f  \ 
have  met  with  such  a  spirit  of  credultiy 
tlelositni  in  the  Pretender  and  bis  agents,  1^ 
not  long  a^ter  he  was  vain  enough  to  < 
hopes  of  capitulating  with  bis  majesty  . 
crown  by  that  traitorous  and  in*oletit  (' 
ration,  against  which  both  Houses  have |^ 
ly  exp revised  their  juil  resentnoetit  and'l 
rence, 

Plunkett's  next  letters  are  of  the  4th  and  J 
ofJuTyf  1733;    in  which  lie  has  the  vanity  | 
tell  D*illon,  "That  he  had  been  desiredyJ 
some  leading  members  of  the  then  p^trlj 
to  acquami  the  regent's  agent  here,  tbi 
now  in  tbe  power  of  the  regent  and  f 
send  away  kmg  George,  and  io  send  bo 
Jos.  with  a  *  bonne  grace,*  and  muchtotbeirl 
vantage;  that  it  was  only  to  insist  on  tbei 
pulation  king  George  had   made   with  thd 
and  they  i«ould  have  a  fair  pretence  to  do  it'^ 

It  appears  by  other  pasaaffes,  that  tbiai  ' 
p<)sed  stipolatioD  relates  to  the  oc^ion  of  < 
rahar. 

He  afterwards  gives  an  account,  **  Tim  I 
did;  t>otli  00  the  4th  and  5tb  of  July,  wiill 
tbe  regent's  agent  with  this  message  | 
says,  That  as  that  agent  was  acquainted 
some  of  the  members  of  partiatnent  who  4 
ployed  himt  be  gave  some  alteuUon  to  hlfl 
But  tbe  objections  which  the  reiifeot^a 
made,  appear  lo  have  been,  that  the  Pn 
bail  not  the  name  of  a  man  of  great  parts  or  I 
sololion  I  That  he  had  hitherto  m*  great  opin' 
ut  Burfrird  and  tbe  club  :  and  that  such  a  |^ 
cedure  on  the  part  of  the  re^eot^  would  be  i 
violation  of  the  '•  bonne  toy,*  To  whicli  bit 
Fhmkett  replied,  that  it  would  be  no  breacll  of 
Ibeir  *■  bonne foy  'to  be  grateful  to  those  w lio  weie 
their  deliverers  formerly/'  However,  Plunkell 
says,  ^^  Be  coavincod  the  ag«nt|  thai  . 


^^ 


7J 


^tni  others^  Jor  a  Treasonable  Conipiract/* 


P0fr   ifl   ^^  jn^geurt  power  lo  inake  lli^  mi* 

^^fj  •*>*'  itii^g  Georg'e  ifif e  the  pretender  a 

^  ^r^  WaiX^li^  -»  Aiid  by  so  doing",  to  nwike  the 

^jgMffPf  '''^  ■*'*  ■  •    ••'^  ^^  hat  lie  has  now  in  Flanders, 

^1^0*1*^'  iroke*      That  the  commotj 

^^ITi  ^^'  i;.u  V  I'&riy,  and  all  the  Eogpltsli 

r^Jl^forii  K^i^lit  be  bronght  to  Joiii  wiih  lUe 

^Jj^w*  |*i"T>l»^r  cneasiiren  to  do  it ;    or,  that  if 

^i^nt    'i^oviM  but  f-tand  neuter,  they  wooUl 

^^  Vnn?   t^He  Prctender*s  low-stiit  lo  bear  in- 

'   ' 'ti   ^ny  whntever."   He  &dds,  **  That 

"^i   the  agcut  would  write  theie  seo- 

^»i«  court;    aod  that  it  is  Dil Ion's 

^«t  the  regent  see  be  has  the  same 

^^0^  ^Txim  other  people  here,'^ 

?Uft*^\  bein^  examined  hy  the  committee, 

0idi^  to  this  leti*?r,  owned /he  had  freouent 

— -*^'itte  of  the  French  ministers  on  private 

'    *nd  that  Layer  knowing-  him  to  he 

<i|«Mrt^  with  him,  asked  him,  whether  he 

^  TO^out,  by  the  lielp  of  tliat  minister^ 

*' the  regent  migrhl  not  be  brought  into 

tmresf    Ami  iStephen  Lynch  has  de- 

^w^E^iST^^C?^  *^*'  Layer  told   him,  ajiplication  had 

j^l.  ■'•»t^^fc>  ibiife t  either  by  himself,  or  some  other 

fMDt  to  oae  of  the  Frendi  agents  here  to  the 

•ill  mentioned  in   Pluukelt'»  letter,     How- 


meotioned  in   Plutikeit'»  tetter.     How 
CTrv      ■  *Wt  Pltinketl  denied  his  having  eirer  spoke  to 
*«  minister  in  relation  to  state^a flairs,  or  his 
mm^  writ  any  such  account  to  France. 
Tl»e  com  m  it  tee,  from  eo  in  p  a  r  i  n  g^  t  h  is  relation 
B  two  conversations  with  what  he  says 
rYetteni,  of  hriiisrinj^  the  czar  down  to 
r,  in  order  to  oblige  Ins  mnjesty  to  with- 
from  England,  oliserve,   that  the  con- 
were  »o  intent  on  compassing  their 
desig:n9  by  any  tDeans,  that   having 
lio  tlieir  applications  for  foreign  assistance, 
llfjr  were  now  lubourinsr  to  make  France  and 
J*iw^n  msi&t  on  the  restitution  of  Gibraltar,  to 
mdcrs  into  the  hands  of  France,  and 
I  he  C2ftr  into  Germany,  in  hopes  to 
m?Qlrt'  all  Europe  in  confii*jioo,  and  thereby 
to  pif  e  the  way  for  bringing  in  the  Pretender. 
in  the  same  letters  he  tells  Dillon,  **  Now  is 
thv  time  for  the  regent  and  ministry  of  Prance 
Umrwc  you:  if  they  do  not,  I  can  assure  them, 
\  Ikfj  may  baTe  room  to  repent  it :     lor  the 
mteoder's  friends  will  tind  mean*  to  get  into 
ibesaildleinsptte  id'ihe  ministry  and  k.  George.*' 
He  adds,  **  That  the  army  will  not  stand  by 
lie  kifi4^  and  niini!itry,  against  the  great  bent 
•Ctbe  Eoglish  gentlemen,  the  common  people, 
toll  ihe  country  party;    who  are  so  incensed 
t^nat  the  court,  that  the  least  accident  would  | 
•iiriy  overturn  what  they  have  been  doing 
tkftc  seven  years  past.^* 

He  then  says,  **  That  his  fellow-traveller  is, 
Oil  has  beeu  fery  active  since  his  coming 
Imm  bit  travels,  and  is  more  serviceable  than 
ifcafc  who  move  in  a  higher  sphere:  that  he  is 
•Mnogon  the  club  daily,  and  has  made  many 
or  them  niore  active  in  the  law-suit  than  they 
itletwise  would  have  been.  That  hiit  wile 
1  the  day  before  for  Paris ;    and  that  he 


other  civilities  Dillon  could  shew  ber,  during^ 
her  stay  there*"  He  add«,  "  Your  Irientk 
continue  their  preparation,  and  resolve  to  hobi 
themselves  in  readiness  on  occasion," 

The  committee  lake  notice,  that  the«e  letters 
were  wril  just  about  the  time  that  Layer  went 
down  to  Norfolk.  And  ihey  think  tlie  sanguine 
manner  in  uhich  Plunki^tt  writes,  is  in  part 
accounted  for  by  what  I  on  I  North  and  Grey 
told  Layer,  that  the  encampment  had  spoiled 
the  project :  but  we  shall  have  them  again* 
And  by  his  lordships  saying,  be  you  quiety 
something  will  be  done :  if  there  l>e  a  rising, 
you  shall  not  want  men,  or  money,  or  arms. 
And  that  these  letters  and  passagra  tnajfe  it 
highly  probable,  that  the  substance  of  Layer^t 
scheme  had  not  been  only  seen,  but  approved  of. 

Notwiihstanding  the  account  which  Plunkett 
gives  in  this*  and  c»ther  letters,  of  Ijayer*«  pro- 
ceedings, yet  Layer  deniml  that  he  had  ever 
opened  himself  to  Plankeit,  in  relation  to  th# 
Pretender's  aflfairs,  after  their  return  from 
Rome;  and  Plunkett  affirmed,  that  h?  only 
knew  Layer  by  coffee-house  acquaintance,  anit 
never  conversed  with  him  but  in  the  street* 
publicly. 

PInnkett's  nert  letter  i«  of  the  2Srd  of  July, 
the  original  of  w  hich  being  stopped,  and  being' 
sworn  to  be  his  own  hand-writing,  the  com* 
mittt'e  think  it  proper  to  biy  the  whole  before 
the  House,  wit!i  the  explanation  of  the  tictttiout 
nan)^s  taken  out  of  the  cypberi  which  is  sworn 
to  be  his  own  hand  alao. 


A  At ontieur  Diobt  k  Paris. 
Under  t  blank  cover  lo  Waters. 


n 


^tti 


July  23,  17St. 

"  By  the  time  this  comes  to  hand,  kioff 
George^s  agent  will  arrive  there:  I  am  gbil 
onU,  because  I  hope  all  the  negociatioos  otKl 
proceedings  of  the  ministry  and  king  George 
will  be  laid  before  the  parliament,  which  wiU  bo 
a  meaiis  to  send  him  to  lianuver.  Though  he 
thinks  to  bring  the  country  party  to  approve  of 
whatever  he  will  propose  to  the  partiament| 
he  will  hardiv  even  bring  the  court  party  to 
do  it.  He  iliinks  to  diseulpe  himself  at  the' 
expence  of  the  dead.  This  1  told  some  of 
the  parliament-men  ;  they  say  'twont  do  for 
love  or  money.  Certain  persons  are  forming^ 
projects  that  will  distress  the  coort  of  8patn, 
in  case  of  war  between  Spain  and  the  emperor. 
Count  Both  mar  comes  into  it  by  king  George** 
connivance;  *tis  now  in  embrio ;  when  it  come* 
lo  perfectfotiy  E  shall  be  master  onU.  1  gave  ft* 
hint  on*t  to  the  regent's  agent ;  he  was  not  a' 
little  surprized  at  it.  They  must  not  linger 
much  longer ;  if  they  ^^^  the  emperor  and 
king  Gecrge  will  tlnd  tneans  to  distress  the 
court  of  Spain  anil  tlie  ministry  in  France  ; 
they  m«8t  ha«>ten  the  peace  to  prevent  it* 

**  My  companion,  who  has  been  in  (be  court* 
try  this  three  weeks  past,  came  to  tow  n  yester* 

_^  ,    ..    day:   he  seente  to  be  sore  of  his  game,  viz* 

her  a  letter  for  Dillon ;    his  fellow  tra- |  that  Mr.  Joseph*s  friends  will  run  down  the 


ilir  thinking  himself  entitled  to  tt,  or  any  |  ministry  and  king  Georg«  la  »  liltJt  licae^ 


•ml' 


D  GEORGE  I.  Pfoeeedings  agaimt  BiAop  AHerhurg^         [STS 

proper  manner,  he  mtgbt  be  ncfiSed  on  ta 
come  into  proper  meirarefl,  at  letit  mdifectlv, 
and  that  withoat  breach  of  the  *  bonne  foy*  fie 
owes  kine  Oeorffe  or  the  ministry."  Haaddi^ 
<«  That  £ey  (hw  friend's  clienla)  are  foe  any 
thing  but  under  their  hands;  and  that  if  the^ 
should  apply  to  Dillon,  or  the  regent  (is  ki 
companion  had  told  biro  they  soon  woald),  Ihsjr 
might  safely  offer  at  least  to  come  into  thsK 
measures,  to  stop  their  mouths  hereafter  ;:i 
he  thinks,  with  submission,  'tis  pity  to  I ' 


3713 

bring  the  law-suit  to  bear  on  their  own  bottom, 
and  independent  of  the  regent,  or  any  bod^ 
else.  1  am  resol? ed  to  know  nothing  of  their 
proceedings ;  I  am  for  baring  e? ery  thiuff  laid 
before  the  parliament  first,  and  then  e?ervbody 
will  see  we  want  the  Pretender  more  than  he 
wants  us.  Both  friend  and  foe  will  join  in  any 
enterprize  that  will  be  made  in  his  favour: 
neither  will  tliey  ever  dare  upbraid  him,  if,  on 
any  occasion,  be  should  look  asquint  on  'em 
hereafter.  1  hinted  often,  the  only  wav  to 
spirit  them  up,  was  to  con v luce  them  the  law- 
suit would  be  brought  to  bear  without  them ; 
and  that  by  the  regent  and  king  George.  The 
construction  they  put  upon  this  was,  that  the 
former  was  subtle  enougn  to  make  ose  of  the 
folly  of  the  latter,  to  play  the  game  to  his  own 
advantage  at  our  cost,  and  that  he  will  govern 
Mr.  Joseph  when  here,  as  he  does  now  king 
George.  This,  or  some  such  imagination, 
gave  tliem  an  uncommon  resolution;  and  I  be- 
lieve they  will  struggle  hard  for  a  start  in  the 
race  of  honour.  'Tis  in  tlie  regent's  power  to 
make  king  George,  the  ministry,  and  the  cinby 
trj  give  31  r.  Joseph  a  carte  blanche :  'Tis  in- 
cumbent on  you  to  convince  him  of  it.  1  am 
sure  his  a^eiit  here  is  already ;  for  i  gave  him 
this  moniuig  demonstrative  proof,  that  king 
George  designs  to  support  the  emperor  a^inst 
the  French  king,  and  his  ooss.  and  that  without 
being  seen  in  it. 

**  I  would  be  glad  to  know  how  the  duly  of 
Berwick  does,  and  if  he  continues  there  this 
summer.  I  have  little  to  do  in  town,  so  I  de- 
sism  to  go  to  the  country  lor  three  weeks.  The 
town  is  d nil  and  empty. 

'*  We  hear  the  Czar  is  in  motion,  I  wish  it 
may  be  towards  Hanover,  for  king  George 
would  soon  move  from  his  country  seat  here. 

*^  I  believe  Mr.  Josepli  will  laugh,  when 
he'll  hear  of  the  stratagem  I  made  use  of  to 
bring  his  friends  to  so  good  a  temper  of  duty. 
I  hope  tlicy  will  keep  to  it,  which  is  the  wish 
olj  Sir,  your  humble,  obedient  servant, 

**Jo.  UOOEBS." 

In  his  letter  of  the  16th  of  August,  he  says, 
^  The  Pretender's  law- business  continues  in 
the  same  plight.  Aly  companion  goes  on,  as 
he  thinks,  very  successfully,  and  is  confident 
he  will  bring  the  business  to  bear  in  a  little 
lime." 

This  letter  was  writ  nine  days  before  Layer 
went  down  to  lord  North  and  Grey's  with 
liynch. 

Pluukctt  says  in  the  same  letter,  <<  That  the 
Pretender  miist  promise  the  regent  and  mi- 
nistry of  France  lair,  and  that  he  will  be  a  fast 
frieud,  when  in  his  {lower,  and  must  seem  to 
rely  more  on  Uicm,  than  any  here ;  that  this 
is  tbc  only  game  he  has  to  play  at  this  time." 

In  his  next  letter  of  the  28(1  of  August,  he 
says,  <'  That  his  fi  lead  came  out  of  the  conn- 
try  a  lew  days  ago,  and  fcold  him  that  his  clients 
seem  now  to  des^iair  of  bringing  the  law-busi- 
ucHH  to  bear  this  next  term,  except  the  regent 
were  made  a  PMty}  that  he,  Plunkatt,  told 
him,  in  caia  tat  regant  wart  applied  to  in  a 


them  from  plunging  themselves,  ai  they  diA 
before."    He  adds,  <'  That  it  is  in  the 


of  the  regent  and  ministry  of  France,  to  make 
the  ensuing  parliament  give  the  Pretender  bife 
own  terms,  and  that  as  the  French  king  ieeeoa 
to  be  of  age,  he  may  do  every  thing  wiifa  a 
gsod  graoe  and  *  bonne  foy ;'  and  aetHe  the  - 
Pretemier  so,  that  it  will  always  be  in  hia  power 
to  serve  him,  and  the  court  ot  Spain." 

Pienkett,  who  assumes  to  himself  ee  eewi* 
derable  a  part  in  these  transactions,  being  ed^ 
ed  by  the  committee  to  give  some  accooil  4f 
his  life  and  education  sai<l,  that  he  waa  bsnal 
Dublin,  and  bred  up  when  a  boy  at  the  Jcaali 
college  at  Vienna ;  that  be  is  a  Roman  caiha* 
lie,  Imt  not  in  any  orders.  And  though  he  ea* 
deavourcd  (as  has  been  observed  above)  by  fail 
dreijs,  appearance,  and  behaviour,  to  repwssat 
himself  to  the  committee  as  very  inoonsidsr» 
sble,  and  no  ways  equal  to  the  part  he  #is 
taxed  with,  yet  a  great  number  of  letters  firoa 
persons  of  the  first  quality  abroad  were  fonad 
among  his  {mpers,  in  which  the  committte  eb^ 
serve  he  is  treated  with  great  intimacy  aad 
confidence.  And  in  a  letter  from  the  lady  Mid« 
dleton,  of  an  old  date,  mention  is  made  of  bcr 
being  to  introduce  him  to  the  late  king  Jamea^ 
queen  in  France ;  to  whom,  as  he  owned  to  the 
committee,  he  had  been  introduced.  And  that 
the  trust  and  confidence  reposed  in  him  sliU 
subsists  undiminished,  appears  to  the  eem^ 
mittee,  not  only  by  his  own  confessing,  thai  he 
did  walk  and  converse  with  the  Pretender  pnb* 
licly  in  his  garden  at  Rome,  but  from  Layer% 
account,  that  he  had  two  private  oonfereneee 
with  the  Pretender ;  and  above  all,  from  the 
letter  under  the  Pretender's  own  hand,  whidi 
be  shewed  to  Ldiyer  at  Rome,  and  which  hai 
been  communicated  to  the  committee,  la  be^ 
fore-mentioned,  in  which  tlie  Pretender  traafa 
bim  with  such  distinction,  as  to  charge  him  not 
to  mention  any  thing  of  bubiness  to  any  bodri 
tf  il  lie  hintself  had  seen  him  alone ;  than  whM| 
the  committee  think,  a  stronger  and  a  mora 
convincing  proof  of  trust  could  not  well  hava 
bei*n  given.  It  appears  also  by  foul  dranghis 
of  letters  taken  among  his  papers,  that  he  wril 
dii-ectly  to  the  Pretender  himself. 

Mention  iietng  made  in  Plunkett's  letten  ef 
Johnson  alias  George  Kelly,  and  some  extradi 
of  letters  to  and  from  the  said  Kelly  haviaf 
been  referred  tn  tlie  committee  among  LaycA 
and  PImikett's  nafiers;  by  which  it  appeaiai 
to  them,  that  Kelly's  treasonable  oorrespeaj 
dence  had  a  connection  with  the  others,  aaa 
particularly,   that   be    was   privy   to  wmm 


375  ]  mid  alherstjbf  a  TrmM/naUe  Compiracif, 

H  niialivll*i  transactiotis ;  your  commlllre 
llNQglit  llt»|  tlieir  hiLfiD^  a  general  vicmt  of  all 
llie|p«|ira  rdalitii;  to  ibe  conspiracy^  R)i|^bt 
Jm^  Ii»  illnstmtc  mxiX  oyplatn  tlje  $ev«riil  parte 
«f  rtf  ifi  flic  AAttie  miuiner  as  Loyer'n  aoti  I^liiii- 
j     isttt't  |ia|Min  mututtily  contirio  and  give  liglit 

^■^  For  ihm  retsoo  ikey  tnr»ved  lUe  Hotite  lo 
^Av^  %hm^  papers  laiii  tu  fore  llicm,  atid  to  em- 
^■^'^VO  tiiMn  to  lake  fiucU  farther  exam  in  at  ions, 
^  «  MflU.  Im  luiceMiary  lo  kad  thtftn  on  in 
^ii^ottt  ilia  aaufoe  of  the  tieasuni^  enquired 


llniRg  a^oonliugly 
tfii  cssixiiuril  ^oiiu^  of 


It  AMears   lo    tli 
^ttk,  im  b^n  of 
fbrtilinpfUTV' 


perused  tliose  piiperB, 

ttir  iKTSfins  pnncipalfy 
ted  to  lay 


la  iUUv**  corf( 
A>ir  ifciicnl  ami  fc 
Ini^  «mpli>yed  I 


;elly, 
tfiit- 
C4»r' 
t  tlje 
i<l<9^» acfienU  ^ilira^tJ,  aiiU  jiei&oas  «jf'c;icat 
'00  »l  liotne,  icndiog  to  ilie  brin^iu|;  in 
^  Pte|«lider  vritb  an  iriu^iJ  force,  and  to  the 
ivtrtamiog  the  present  happy  estahlUhment 
•  ckiirelisiidstafe. 

likd  here  your  committee  dnd  themsel?e9 
iMigpl  la  KMUition  UielonJ  hiBhop  of  Rochester, 
il|riiieB|»Uy  aidini;,  directing  aod  employing 
^  iiai  K^liyt  ifi  the  proaecutioo  of  his  trea  • 
"*  rd«9ifiia. 

^i..- .  — -ffctpondencto  seem  lo  derive 
I  Mffnitiraocy  chietiy  from  his 
hy  tlie  bishop  of  Ilocheatcr, 
will  firat  lay  before  you  the 
\  that  iuduce  them  to  beliere  be 
via  ID  i«i|iloyed,  aod  the  patl  which  it  ap- 
|m  fa  tbeci  the  bishop  has  had  in  thk  con- 

11  ifiMArv  to  your  coiomittee,  from  leTeral 
■fcniialioiiJ  of  Pbihj)  Neynot-,  clerk,  fomietly 
♦*  Tlial  uec^Tge  Rfclly,  ftlias  Joho- 
lold  him,  Uiat  the  bishop  of 
7re- 
»ein- 
lod 
_  ~<Ni  ibe  aaid  corr^pontleu^es ;  that 
r  inlil  liarx)^  ttie  Freteoder  rehed  more  on 
kfnMn  the  hiahop,  than  from  any  other 
;  iliAt  he  bad  aeverml  timea  )e(\  Kdty 
)  bcaAi#p*a  door,  when  Kelly  went  into  the 
I'a  tiott«e,fti>d  cliid  there  an  hour  or  two, 
hack  lo  htm,  Ktlly  made 
mh£u»  t€*t  ulaymg  no  loog,  atnl  tol^l  hitUi  be 
b^^Ki  wTiiiiii;  the  bi»hop^  letteri,  which  bo 
^itofv  appcb«iiiM  to  be  tlic  tur<4gti  con^e* 
I  of  Ibe  biihofi  with  the  Pretend«r*<i 
\\  and  tlitit  Kelly  told  him,  the  tmhop 
t  wothttd  btm  to  take  a  hit  of  paper  of  the 
~  \  hAnd-wrniDg  oat  of  the  room. 

be  kiMiWi  Icttcrt  were  directed  to 
Ike  aame  of  Meeea  Hancock  and 
\\  and  ttial  he  baa  geeti  ui 
ie»c  a  leUirr  to   Kelly  front 
l"ka«  be  lakea  lii  he  agrnt  or  lEecft^Uiry  to 
Wn«and  amidoyed  hy  Uilloa  in  the  aame 


A*  a  ITM.  [8T4 

cheater)  in  which  K-iter  there  were  oompli' 
ineots  to  the  hiUiois  by  the  nauke  ^  Nanriloo, 
which  name  Kelly  explniiied  to  him  to  ine«u 
the  biahop.  That  Kelly  has  told  him,  the 
hivhop  oi'  llocbeiler  went  aometimes  hy  ll*e 
name  of  Joneft;  Ihal  he  had  likewi^  heard 
the  bishop   ^*  (times  hy  ih**  name  of 

lllingtoo,  wii  wan  told  hy  IVIr,  Carter, 

to  the  best  ot  /us  intmory.  That  m  the  later 
which  Kellv  allowed  him  atButton'tf  coiree- 


hJL 


mm  boU  •orreependencea  with  the  rn 
and  bieiienla:  that  1m>,  KjHIv ,  wa* eir 
I  bj  iJie  bishop  in  writjng  for  him,  an 


%mj  mm  by  ibe  biabep  of  lio- 


honsc,  nientiou  waj)  made  of  IMan  '•' '  *-  lurh 
KcUy  explaiiie^l  to  him,  to  mean  <  ike 

of  Ormond.    That  he  has  seen  at  \  « rs 

in  Kelly 'S  hands,  oue  in  figures,  i^\  itc- 

tt(i<ius  Riiines.  ill  which  last,  ^oarji.  ^khI 

fo  .;  (  sadlers'  and  ^  sophist^rs,' 

ftn   1  .       iiid  the  like;  that  he  has  seeo 

Keliy  mitke  mse  of  theae  cyphera,  and  that 
Kelly  with  great  freedom  owneil,  thut  theae 
cyphera  wrtrc  carryiug  00  the  correapondence 
with  the  Pretender's  agents.  That  he  had 
likewise  seen  cyphera  in  Carter^a  handa^  who 
w;iB  al£o  employed  in  writing  dispalchea  to 
the  Pretender 'a  ageD  Is  abroad.  That  he,  Ney* 
noe,  had  been  employed  to  draw  up  three 
several  memorials  to  the  regent  of  France,  to 
solicit  him  to  send  forces  to  the  asfistance  of 
Ihe  conspirators,  the  last  of  which  waa  in  De- 
^enober,  1721,  and  contained  a  demand  of 
5,000  men,  to  be  s^nt  to  invade  theae  king- 
doms; that  the  heads  of  these  memorials  were 
Ipvfn  him  bv  Keily,  and  one  who  w*'nt  by 
the  name  of  Watson,  whom  he  took  to  be  the 
late  earl  marshal. 

**  That  in  March  last,  Kelly  brought  him 
the  heads  of  a  letter,  to  he  drawn  up  with  a 
design  of  ita  being  intercepted  by  the  govern* 
meut,  in  order  to  amuae  ll»em  into  a  false  se- 
curity. That  he  drew  up  the  said  letter  in  a 
Caper,  writ  column -ways ;  that  this  paper  was 
rought  back  to  him,  corrected  by  the  bishop 
of  I^chester,  as  he  believed.'' 

Your  committee  are  informed  this  letter  was 
not  inlereepted,  hut  that  a  copy  of  it  was  tent 
about  that  time  lo  one  of  the  secretaries  of 
state,  fix)m  an  unknown  hand. 

Neynoe  farther  declared,  *'  That  tlie  bishop 
of  llochester,  lord  Orrery,  lord  North,  and  sir 
Harry  Coring,  were  the  principal  luaders  and 
directors  of  the  con^^inracy,  which  was  first  to 
have  b«en  executed  in  the  spring  of  the  year 
1752,  by  seizing  the  Tower,  uf>on  which  the 
late  duke  of  Onnond  was  to  have  landeil  in 
the  river  ;  that  upon  the  discovery  of  the  plot, 
and  tlie  king's  not  going  abroad,  it  was  put  oft' 
for  »ome  time ;  but  thut  it  was  alVerwar^ls  r«- 
aumedto  be  atlenitjted  in  the  west."  Neynoe 
farther  added,  **  That  Kelly  nsiure*!  him,  the 
bishop  got  notice  of  his  being  to  he  ukro  un 
some  days  before  it  bap|Yeuei1 ;  anil  that  ibis 
notice  was  given  the  bishop  by  one  ol  the  lords 
of  theeouonil."  But  be  nttcr^vards  confesAcd, 
(as  your  emvJtlee  art-  that  in  thiir, 

and  other  ttmnifistions,  i  1  *  leavourcd  all 

he  could,  to  create  dil5tlefi€«   and  Miapiujons 
a.moug  his  mtyeaty's  servants. 
Theae  inlgrtnaUotia  of  KeyD 


I 


375] 


9  GEORGE  1.  Prcceedingi  against  BUhcp  AHerhuty, 


Lgroat  part  of  llieoi,  in  a  paper  >rrit  with  tits 
kiOwa  ham},  nntl  tlelifered  by  him  to  a  com- 
uftiiitec  of  farijs  of  the  council    The  other  port 

is  e¥iracte«i  out  of  papers,  which  he  dictateil 
k«t  hU  sererml  examinations ;  which  p.'i[^rs 
^irere  read  to  him  paragmph  by  paragrapli,  anJ 
'»lgreml  to  by  bim  before  the  lords. 
\  Thai  Ncyooe  was  intimately  acquainted  with 
'« Kelly t  Tisitetl  him  often,  and  someiimes  lay  at 
^Itis  h»dgingp3,  and  thereby  had  a  better  oppor* 
ptimity  of  being*  informed  by  him,  appears  from 
[the  Hepositioiis  of  SiefiheusoD  and  Uls  wife^ 
I^Margfaret  Kilburn,  landJady  to  Kelly,  and  John 
'-  Malone,  servant  to  Mrs.  Barnes,  who  waited 

Vfx  Kelly  at  his  lodg-ings. 

That  the  btsbop  of  Rochester  was  acquainted 
|«vith  Kelly,  invited  him  to  tline  with  him,  sent 
*h\»  serirants  to  enquire  afW  bis  healthy  and 

wrote  to  Uim,  appears  from  Htevenson's  and 

Ktlburn's  depositions,  as  also  in  part  from  Mrs, 

Lovett's. 

But  what  ^ives  the  greatest  weight  to  the 

•  several  particubrs  couiaioed  in  Neyiioe's  in- 
[ 'formation,   is,   that  they  are  corroboraltfd  and 

'  supported  ill  every  material  circumstance;,  by 
•aeveroi  concurrent  proofs,  as  will  appear  from 
the  sequel  of  this  Report. 

Fancier  has  deposed  upon  oatli,  that  Skeene, 
among  other  particulars  of  the  conspiracy,  told 
him,  that  the  bishop  of  Hochesler,  in  conjunc* 
iion  with  tlie  lord  Norlh  and  Grey,  had  the 
|ijiucifml  direction  of  the  conspiracy  ;  and  that 
£00,000/.  had  been  raised;  and  put  into  the 
manftgemenl  of  the  bishop  of  Rochester,  which 

•  Mas  called  tike  military  cheats  and  was  to  be 
^  l(epi  tog^cther  till  the  project  was  put  in  exe- 
cution* 

Your  committee  are  informed,  that  when 
the  bishop  was  taken  into  custody,  vast  numbers 
**f  letter*;  and  papers  were  found  in  liis  house, 
l»earing  cbtiG  iHifore  the  year  1712;  but  from 
tbiit  time  downwards,  few  of  any  consequence, 
except  these  which  follow. 

One  was  from  the  duchess  of  Ormoiulj  dated 
January  14^  17^1  Jn  which  arc  these  words: 

♦*  I  rf»«otved  to  send   whst  \  received :  for 

•  though  it  had  not  happened  to  belong  to  the 
|iCi'son  I  addresseil  it  to,  I  was  sure  it  could 
not  lie  put  into  better  hands.'* 

This  passage  m«ikes  it  bioffaly  probable,  that 
the  bishop  used  to  receive  letters  from  abroad 
:4tir^cted  by  fictitious  names;  which  is  still 
further  cod  firmed  by  the  following  circum- 
stances : 

In  the  cypher  which  Layer  owned  he  re- 
ceived from  sir  Williau*  li^llis,   the  bishop  of 
RochesltTis  designed  by  the  name  of  Just um* 
Neynoe  declared,  thut  in  the   letter  which 
»  Kolly  shewetl   him  from   litllon's  secretary, 
'  there  were  compliments  to  the  bishop  of  Uo- 
.  Chester,  by  the  name  of  Naunton. 

Among  the  bishop's  letters  was  found  one 
directed  to  Mr.  Dubois,  nut  signed  with  any 
.  tiainei  nor  dated  from  any  place.     It  waa  in 
-ibe  following  words: 

•^  Sir  ;  Forgive  my  ^lenoe.  You  easily 
tfiiticeiTe  the  di£lca1ties  I  am  under  in  that 


regard.  I  write  this  only  to  aastire  you  of  mj 
sincerest  and  uoalterabfe  respect;  aod  reAr 
you  to  the  wortliy  bearer  for  news,  and  1«r 
every  thing,  which  otherwise  1  aboubl  bave 
found  some  way  or  other  of  whtiog  to  rat 
myself,  I  have  heard  nothing  from  yoQ  iiafli 
the  letter  I  had  about  two  months  ago  by  Mr. 
Johnson,  to  which  I  immediately  in  bit  faad 
returned  my  answer.  A  rumour  has  reicM 
mo  of  your  having  written  hither  since;  bail 
can  find  nobody  that  owns  he  has  seenyoK 
letters.  I  am  always,  8ir,  your  tnily  obt* 
dient,  and  mo!»t  humble  servant. " 

l/cc.  la. 

Your  committee  obierve,  that  John 
the  name  by  which  Kelly  conataotly  \ 
appears  to  them  from  several  affitla 
that  he  was  at  Paris  the   16th  of 
17 '21,  N.  8.  and  set  out  in  two  or  three  i 
atVer  for  England,  as  appears  from  the  [ 
book  tak(!U  upon  him :  and  the  leiter  to  J 
seems  to  intimate  such  a  correspondeno 
made  it  unsafe  to  write  openly,  and  \ 
disguise. 

Among  the  bishop's  papers  was  found 
ther  letter,    dated   RoneUf  Jan.    t5th,  XI 
without  any  name  ;  and  the  superscription  I 
off.     Which  letter  is  mentioned  to  be  set 
an  honest  gentleman;    and   the   writer 
desires  to  know  how  he  may  direct ;  and  { 
sires  to  be  directed  to  by  the  name  of  Wid" 
at  Mr.   Arbuthnot^s  at   Rouen,  which  i 
bably  a  fictitious    direction,  no  name 
subscribefl  to  the  letter.     He   likewtM 
tions  a  former  letter  sent  under  cover  CO  1 
common  friend  sir   Red.     Who  air  Red.' 
does  not  appear  to  your  committee  ;  but  i 
find  one  sir  Red.  Everard  inserted  in  Ptaok 
cypher^  and  designed  by  the  fictitious 
of  Fly. 

Among  the  bishop's  papers  were  Ukei 
found  two  letters  from  captain  Charles  "^ 
stead  of  OreenHich ;  the  person  who,  a 
bieo  mentioned  above,  was  sent  to  Bitb 
transport  the  late  duke  of  Ormoiid  to  Eogli 
So nie letters  having  been  intercepted,  wh 
there  is  B^twd  reason  to  lielieve  were  from  I 
bishop  of  Rochester  ;  and  one  of  these  lell 
being  signed  T.  Jones,  and  another  T.  illingtoii» ' 
your  committee  will  now  lay  before  the  Hoiiit 
the  evidence  they  bave  found  of  the  bifhof%  | 
being  designed  by  those  two  names,  eolb  ^  '* 
from  circumstances,   which   being  in  th 
selves  seemingly  minute,  and  of  little  i 
queoce,  were  for  this  reau^n   more    fn 
confessed  by  those  who  were  obstinnte  in 
cealing  stronger  proofs  ;  and  yet  at  the 
time  lead  directly  to  the  discovery  of  the  | 
meant  by  those  names, 

Mrs.  Barnes  being  escamined  before  a  ^ 
mittee  of  lords  of  the  council,  obstfnatel  j 
fused  to  make  the  least  discovery  relating  to 
George  Kelly  ;  but  when  the  came  to  bi 
asked  what  she  knew  about  a  do^  aeot  i»f«rlfi 
Kelly  from  France  ;  not  8U8f»eclmg  this  Mid 
lead  to  any  discovery^  she  readily  owofd,  that 


and  others^  for  a  Trtaionable  Conspiracy, 


lie  dog,  ciilfed  HarlcqiiiDt  wbicb 
\k\  from  Fmnce,  «d<1  baO  a  leg 
lell  with  hei  by  Mr.  Kelly  lo 
It  cared  r  tluat  the  said  Ac^^  \^ns  oot  tor  ber, 
M  fur  ill*  buibop  of  fWhester  ;  anH  tbat 
IMir  pronsifrd  to  grt  tbe  dog  of  the  bisbop  of 
Ba<w*trf  Ibt  bcr,  in  c«8€  it  tlitl  nat  recover  of 
Tbis  tieelftratiou  sbe  riiatJe  antt 
'*f  the  committee  of 
ir  made  no  difficulty 
iiaiv  ri*v eii'iikv(  itiuh  i  *  .  '  o  France* 
i«dp|>ear»  to  your  t  by  letten 

•flaftl  Wiwc^n  Kelly  ituu  in*  curresiiotid- 
tfliii  Fnuiov  (tb«  proots  of  wbicb  will  oe  set 
IcibiB  tlic  Mquel  uf  ibis  Report),  tbat  a  do^ 
immA  aad  burt,  was  sent  ore?  lo  Kelly 
FimiMMf,  io  be  delivered  as  a  present  to 
^  ptcMPO  denoted  by  ibe  names  of  Jones  aud 

lu«  letter  to  Howell   (ivbo   is  ex- 

I  to  I'lpnketl's  cypberiomeaii  Glasjcow, 

Ueeo  observed  above  -lo  be  DitluD^s 

f),  be  metitious  bis  baving  received 

l^yiuiLiil,  and  ibe  accident  of  a  leg  beinj^ 

la  tbe  voyage ;    uod  adds,    ^*  I   will 

^r,  Jones  soon  of  it,  to  wbom  I  know 

bNt^raoi  I  hilt  quarter  will  be  very  ac* 

^mJ      lo  Uie  *Mime  paragraph   he  Vays, 

[  loses  died  last  Wfek  ;  aod  when   tbe 

riMiiriiiug  are  over,  be  will,  I  hope,  be 

bwiocwi.*'     This  letter    was  writ  on 

I  Ibe  Both  of  April ;  and  the  bishop's 

d  Ibe  week  before,  on  Thursday  the 

r  kftiL 

$f  iti  biK  letter  to  Musgravc,  (which 
lirill  b»  bereatler  shewn  lo  signify  the 
Sd  Hair)  dated  tbe  7th  of  May,  says, 
>  lUuigton  is  in  great  tribulation  for  poor 
flan^  wbo  is  in  a  bad  way,  having  slipped 
|»^r  ikgviBf  before  it  was  thoroughly  well ; 
I  k^cr  km  obligations  lo  the  lady  are  as  great 
Imi  W  bad  oome  safe,  which  he  desires  you 
|llblkrrbn»w/*  ^ 

tie  wiMrds  *  be'  and  *  bis*  being  relative  to 
.  Ulifegtifci,  aticw  it  is  a  man  that  is  spoken 
^  bialvop's  laily  was  dead  at  tbe  time  this 
im  wnl.     And  this  diMguise  of  putting 
Mr.  iH  l'ref}uentiy  made  use  of  in  lltt; 
I  kUrffl,  jtnd  ix  confirmed  by  a  parallel 
*  ittitncHhatd y  roUowitig, 
tita  9th,   Ddlous  secretary  writes  to 
lays,  *♦  Mrs.  Chivers  (which  will 
1  to  be  general  Dillon)  prays  v^u  will 
itt  bb  Qttiiie  on  the  death  of  Mrs.  lU 

by  tbeM  ^s,  tbat  the  d«»g 

Jooex,  M  ion;    and  ujion 

"  ^  -r     '  ,,,^  Junes  wjiidriid, 

if'  an  t  be  dm  t  b  of  M  n*. 

I ;    .,;*.:;.  -i.,  V.  t-  Jones  and  lUiugtnn  to 

i  «4i#,  and  liotb  lo  be  made  use  of  to  de- 

Iflir  biibou. 

*>  «jf  May,  Motfield  (who  is  the 

H^raViv    tli.it    ii*  the   late  lord 

T|«9Hlaaii>  )gton,  enclosed 

riA  K<  .4,  after  acknow. 

fwaifit  of  iiUngtoD'i  letter  of  the 


20th  of  April,  be  adds,  ^'  t  did  not  expect  so 
soon  after  to  have  heard  of  a  loss  you  baie  had 
since;  for  which  I  condole  with  ytiii,  and  no* 
thing  which  concerns  you  so  near  can  i\ti{ 
touching  me,  as  in  friendship  it  ongbt.  ft  is, 
though  becoming  us,  as  it  is  our  duty,  to  i»ub* 
mit  with  resignation  to  what  the  just  and  great 
God  thinks  lit  to  order  for  us  in  this  vain  and 
transitory  world  ;  but  you  know  such  things 
BO  much  better  than  I,  that  I  will  not  t^'onbla 
you  with  saying  any  more  upon  it.*' 

This  last  paragraph  seems  to  point  out  the 
character  and  function  of  the  person  to  whom 
tbe  letter  was  writ. 

Mot6eld  adds,  *'•  1  would  fain  hope  iliat  your 
own  distemper  will  soon  give  you  ease;** 
which  agrees  with  the  circumstance  of  the 
bishop's  being  ill  of  tbe  gout  at  the  time  of  bis 
wife's  death. 

This  particularity^  as  also  several  others^ 
which  will  be  taken  noticeof,  as  to  the  bishop^o 
being  in  town  or  in  the  country,  at  tbe  re« 
spective  times  mentioned  in  tbe  intercepted 
letters,  have  been  carefulty  enquired  into;  and 
it  appears  by  a  paper  annexed  to  the  Report, 
that  these  several  circumstances  do  exactly 
agree  with  what  is  mentioned  in  the  letters, 

Ketly  %v riling  to  Musgrave  (the  Inte  lord 
BIarr)»  the  7th  of  May,  says,  **  Mrs.  Jones  is 
come  to  town  :*'  the  sarue  day  writing  to 
Chi  vers  (Dillon)  be  says  '*  Mr  *  llbnt^ton  if 
now  in  town  ;**  which  Qgain  confirms  Jones  and 
Dlin^on  to  be  tbe  same,  and  agrees  with  the 
inquiry  made  at  ibat  time. 

On  the  lOtb  of  May  Kelly  writes  to  Dillon's 
secretary,  *^  Lltington  is  gone  into  the  country^ 
and  sent  me  word  he  would  be  in  towtt  on 
Tuesday  night,  when  he  has  desired  to  sec  lue 
at  a  particular  hour,  by  which  1  conclude  it 
may  be  about  business."  And  on  Monday  the 
14t}i  of  May,  (the  day  before,  it  is  said,  ll- 
tington was  come  to  town)  writing  to  the  same 
person,  he  says,  **  Jones  is  still  in  the  country, 
but  has  sent  me  word  he  will  be  iu  town  to> 
morrow." 

These  several  circumstances,  join rd  to  Key- 
noe's  deelsration,  that  Kelly  had  told  bim,  the 
bishop  went  sometimes  by  the  tiaine  of  Jones, 
nnd  tirnt  Carter  had  told  liim,  tbe  bi^hoo  went 
by  the  name  of  ilLington,  shew,  tbat  wherever 
Jottes  and  lllinglon  are  named  m  Kelly's  cor- 
respondence, tbe  bishop  of  llochester  js  tq  be 
unclerstood  by  those  uameis. 

Your  conimittct!  therefoie  will  otM  proceed 
to  lay  before  you  the  niut  which  Jonen  or  IU 
lingtou  nppear  to  have  U^rne  in  tbe  treasonable 
corre«pondeni'e* 

1t;i»pprHrN  by  Kelly's  pocket-book,  that  Kelly 
set  out  tor  Pans  on  the  Q-Jd  of  IVbruary,  1721-3, 
and  returned  to  L«MidoM  ubout  the  8th  of  April 
following  It  appears  by  Mrs.  Loveit's  and 
John  MatoneS  deposition*  that  he  came  to  Mrs. 
BanieVfi  on  Wednesday  the  Uth  of  April,  at 
eight  in  th»?  morning,  t-xtremely  fatigued,  and 
WiMit  immediulely  to  bed.  Mrs,  Lovetthas  de- 
|K>sed  upon  oath.  *'  Tliat  Mrs,  Barnes  totd  her 
be  wts  then  just  arrived  from  Fronoe,  %od 


4 


I 

I 


379J 


9  GEORGE  L  Proceedings  against  Bishop  Aiierburjf, 


bron^bt  over  letters  with  him :  that  lereral  •f 
the  disafiected  bad  been  at  her  hoiwe  to  enquire 
after  him  before  his  aniTa),  and  expressed  the 
utmost  concern  tor  fear  he  should  be  taken." 
And  Neyuoe  declared,  **  That  he  saw  a  great 
bundle  of  letters  which  Kelly  brought  orer 
from  France."  Mrs.  Barnes  farther  told  Mrs. 
Loyett,  <'  That  the  6^y  after,  (? iz.  Thursday 
the  ViXh  of  April)  the  bishop  of  Rochester  sent 
bis  own  coach  to  fetch  him,  and  that  Kelly  was 
absent  in  the  country  till  Saturday  the  14th." 
Two  depositions,  annexed  to  this  Report,  shew, 
that  the  bbhop  of  Rochester  came  to  town  on 
Wednesday  the  11th,  and  went  to  Bromley  on 
Thursday  the  ISth  of  April. 

It  appears  by  a  letter  writ  to  Kelly  from 
France  by  the  late  lord  Marr,  and  intercepted, 
that  on  Monday  the  16th  of  April  (which  was 
the  first  post-day  to  France,  after  the  bishop 
had  sent  for  Kelly),  Kell^  had  writ  to  Marr  an 
account  of  his  negodations  with  Illington,  and 
of  IlUngton's  willingness  to  be  reconciled  to  one 
designed  by  the  name  of  Hacket.  Who 
Hacket  is  does  not  appear  to  yoar  committee, 
but  he  is  described  in  several  of  the  letters  as  a 
person  in  ill  health  retired  in  the  country,  and 
one  in  whom  the  Pretender's  agents  at  Paris 
place  their  greatest  hopes  and  confidence  next 
to  Ulington.  This  reconciliation  with  Hacket, 
Illington  was  de&irous  might  be  kept  secret  tor 
■oroe  time,  that  it  might  not  be  known  they 
acted  in  concert. 

It  appears  by  another  letter  to  Kelly  from 
Dillon's  secretary  at  Paris,  that  Illington  had 
writ  a  mysterious  letter  thither,  and  that  Kelly 
had  writ  a  subsequent  one  in  explanation  of  it, 
which  had  been  shewn  to  Dillon. 

The  first  letter  that  was  intercepted  from 
Kelly  himself,  was  dated  the  22d  of  April, 
signed  James  Johnson,  (the  name  he  always 
went  by,  and  often  signed  by)  and  directed 
to  Gordon  junior,  bankeratBoulogne,  at  whose 
house,  it  is  probable,  be  had  been  entertained 
in  his  last  return  from  Paris ;  which  Crordon 
is  mentioned  in  a  letter  from  Mr.  Craufurd,  as 
being  formerly  the  Pretender's  banker,  and  as 
one  employed  in  hiring  a  vessel  to  transport 
some  of  the  chiefs  of  the  conspiracy  to  England, 
in  this  letter  to  Gordon,  Kelly  recommends  to 
his  care  a  packet  enclosed. 

This  packet  was  directed  to  Mr.  Cliivcrs 
(which  will  be  proved  to  be  Dillon),  and  con- 
sisted of  three  letters,  one  to  Chivers  himself, 
ai^ed  J.  Jones ;  another  to  Musfrrave  (which 
will  be  proved  to  be  Marr)  signed  T.  Illington, 
a  third  to  Mr.  Jackson  (which  will  be  proved 
to  be  the  Pretender)  signed  1378 ;  which  num- 
ber is  ibund  by  tlie  decypherers,  to  denote  the 
{iroper  name  of  a  person  beginning  with  the 
etter  R,  in  the  cypher  made  use  of  in  these 
three  letters,  the  order  of  which,  as  your  <:om- 
mittee  is  informed,  is  alpliabe:ical.  All  the 
three  letters  were  dated  the  U0\h  of  April,  and 
appear  by  the  mattifr  to  be  from  the  same  per- 
son, which  proT/  1378  to  be  the  same  with 
Jones  and  llliogtou.  Vhe  letters  to  Mnsgrave 
«id  JacksoB  were-CDcloiad  in  that  to  Chiven. 


The  person  who  dictated  ihese  kttcri 
of  biooself  as  being  in  ill  health,  in  gre 
under  some  sad  vad  melancboW  drciun 
which  made  him  uncapaUe  of  doing  ai 
regularly  at  that  time,  but  whksh  he  i 
wouM  soon  blow  over ;  which  agrees  ' 
bishop's  circumstances  at  that  time, 
wife  was  extremely  ill,  and  died  six  daj 
and  he  himself,  as  has  been  observed 
was  at  that  time  afflicted  with  the  gout 

The  letter  to  Chivers  is  a  great  part 
of  cypher,  and  with  the  decyphenng. 
following  words : 

^«  90th  f  April, 
<<  Sir ;  I  ought  to  aduowied^  in  f 
several  papers  I  have  successively  : 
from  vou,  if  I  were  capable  at  present  < 
any  thing  regularly ;  nut  indeed  I  am 
Hatfield  well  knows,  and  why  I  am  not. 
time  must  pass  before  I  am  any  way 
of  business ;  in  the  mean  time  you  ai 
right  to  press  the  gentlemen  concemec 
manner  of  ways  you  can  think  of,  to 
what  by  being  hitherto  not  supplied, ! 
dered  the  thing  impracticable.  They  \ 
sirousof  having  that  matter  entirely 
own  management,  and  I  not  nnwilli 
they  should  have  it,  bein^  always  dif 
success  on  my  part  upon  interpositioni 
kind ;  and  therefore  it  gave  me  no  co 
be  so  freely  excused  from  any  share  (i 
for  a  great  while)  in  that  trouble.  At 
deed,  when  the  point  was  found  npoi 
be  more  difficult  than  they  expected 
pressed  to  undertake  the  matter;  but 
that  I  did  not  think  it  reasonable  for 
to  interpose,  nor  can  1  yet  undertake  ai 
of  that  Kind,  it  beinp^  what  (since  somi 
mismanagement  wherein  I  was  dee| 
cerned)  I  have  constantly  declined,  bop 
1  might  not  be  altogether  unuseful  to 
vice,  if  I  went  on  to  promote  it  in  i 
that  is,  in  another  way.  I  still  hope 
that  a  little  time  (which  must  be  emp 
doing  nothing  but  soliciting  supplies) ' 
me  room  for  entering  into  measures  t 
be  somewhat  more  significant  than  th 
mcrly  taken  ;  this  T  sliall  endeavour, 
present  perfectly  tired  by  the  distracti 
surcs  wliich  have  been  taken  from 
I  quarters,  by  persons  noways  equal  to  tl 
f  and  at  the  same  time  not  agreeing 
>  themselves.  This  is  all  lean  say  at 
\  bnt  that  I  am  with  the  same  entire  res 
fidelity  I  ever  was.  Sir,  your  most,  &c. 

"  T. 

**  I  have  communicated  the  copiei 
Mansfield's  and  Jacob's  letters,  whici 

the  G : ,  (whereof  th< 

copy)  were  the  only  ones  of  those  trai 
that  1  was  directetl,  or  indeed  thougli 
so  to  do.  Though  I  have  for  mi 
thought,  that  nothing  of  importance  il 
trusted  to  the  post,  and  am  rcaolved  m, 
to  send  that  way  ;  yet  the  death  of  I 
d^land  mtkeiMich  a  cauliw  more  in 


tffd^  fl  Trmtonable  Con$pirnet/. 


ITM. 


[SRt 


fi^r  ^ou  maj  dcp€Di)  upon  it, 

I  pa^«r  facre  irill  noiv  coler  intri 

Pt  flofcritj  and  strktuesei^  8 nil 

Hiligttiee,  m  wdi  a»  fowtrr, 

HfM^  lo  wliom  tills  fetter  was  iH- 
ffeoernl  Dill  on »  ii  CTirleitt  from 

■  to  Rdly, 
ui  (lie  Bi- 
■i-U  the  uauiu  of  Cane  lo 
.  writ  Iltltoti,  and  Kelty 
fl*MH  vi-rv  <-'        "  "       V  '■  ,    !e»i  to 

iriili  Uigt»y  atui  Dixnt-U^  wliitlj 


He: 


|j«liO|«'s  litt«r  lo  Mufigravr  (vvfoo  will 
rd  id  b«  the  kie  lord  ftlarr),  is  6i 


To  J\Ir«  lilusgniTe. 

*'  Jprit  the  mth,  in2. 
\i\A  froiD  Mr.  Ilatfietd  (afkr  a 
of»   of  v.MJi    favoufi)  a  letter 
to  tiie^   I  have  also 

;|[  lit  \\m\  to  ofirr  to  riu* 


i(iin 


He  has  ulreAijy  iiUoirned  yoy)  wiU 

1 10  be  actir?^  soon,  or  eren  set  for- 

Lin  '  ^vith  me^in  so  speedy 

•r  tw  I  '•'  The  best  i%  that 

•  \  ^  sa  neither  is  there,  V 

ic  need  of  it,  some  time 

uurards    rineninff    niatteriJ, 

V    the   C :  ,  .  .  ,  /d, 

rrmy  be  artt'iided  \Tlih 
iveuieocies;  but  you 

..ihe : s 

'  caire^  shall  \\c  fonvunled  in 

nd   nt   thf 

'  the  ficr- 

I  Lo  bi'  Hj:<hf4i   tur,  IB,  that  the 

I  J  urn  h>  net  '.:  "h  ^vrmhl  come  lo 

fntter 

L  t  ra  be 

111  umc  Ul  i:oiiic^  i  liouc  1  shall 

j>Arl  ujih  him.     I  adi]  no 

ibiH 

:  anil 

I  whom  this  letter  wag  di- 
larr,  in  tJji*  pirvpcL 

Krlly,  that  Mr, 

no  til  Pliitiketl's 

,  mncb  j»Uust.il 

ti  '    I'll  obeierv- 

rd. 


I  %*trfinrv  wr*^*  M* 


ofaperaoobeginnini;  v^tth  the  Mtif  iff,  and 
KHly  answeritig  tbia  l«tler,  directs  to  Mua* 
grove* 

Besides  which,  Mn^irra^e  is  (bund  to  lie  a 
nerson,  whose  per  \\  to  be  st«»pt  ill 

England,  at  the  vei  ^  i  a  p«  risJon  j^'fritif* 

ed  to  the  liile  lord  JVliirr  ^u^  i  r  >  n 

of  io  olber  klteraas  one";urp,  '  Sf 

them,  with  such  c  < ;«  a»  Ii^l  Ui«  [)er« 

BOii  meaot  to  be  til.  >Urr. 

The  bishop^s  Letter  ta  J  ckson  (who  will  hi 
proved  to  tneau  the  Pretender,)  is  ai  follows ; 

*'  To  Mr*  Jackson,  umler  the  covtr  of 
M.  Gordon  le  tils,  Banquier  ii  Bon- 
hgne  sur  Met, — April  the  20/ A,  1722. 
<*Nir;  I  am  aorry  to  f""*  '"  vw.i»,~a    -^''ieji 
H»*t6fc!d  brougrht,  that  y  u* 

litiiQces  on  ibis  side  so  uc.  ,    ^i  jw* 

ledg^e  does  cot,  1  nppreheiid,  give  you  any  ad- 
raotageuus  opiuioti  \ii  uh  ;  however  lei  that  ba 
aa  it  will,  it  IB  not  fit  you  should  be  deuetTedp 
lOid  rely  on  more  than  will  be  made  g^od  tO 
you  :  if  ^^ott  guess  at  my  right  mind.  I  daet 
Bay  it  was' agreeable  to  yottrown,  and  thai  you 
could  not  but  see  through  the  fbrwardnei^a  ol' 
all  those  un8unporled,pretendint?  people,  NoU 
withstanding  this  opportunity  is  elapsed,  I  a^re« 
with  you  another  may  offer  before  the  end  oA 
the  year,  though  not  perhaps  every  way  §o 
favourable :  Plowerer  it  became  me  to  apeali 
strou|^ly  on  that  head,  especially  at  the  tim^ 

when  the: was  drawn,  which  was  louif  ^ 

bcforf  \\  ivri^  ii-niKiiiliUfl,  fof  it  wsFi  kept  bacR 
a  L  hat  deeds  misjlit  liart 

ac<i     ^  1 1  sent  at  hist  rather  to 

jijRtity  the  writer  in  respect  to  that  part  be  had 
undertaken,  than  to  |iush  on  any  design  in  so 
utiprovided  a  cotfdition.  J  find  I  was  not  mta* 
taken,  and  am  glad  it  wai  not  ao,  tbouifh  every 

word  of  that ; pas^^  the  tiew  and  ap* 

I  probation  of  the  per«on«  roneerntHl»  btit  they 

treated 

rne  to 

M    mr    IJH-  Tiriii*/,      1  had 

before  Hatfield's  return, 

s  nte  to 
.  ,  ,..  ■  ,^..,. ..  .->  cireutn- 
.  whtch  wiH  he  ft^  soon 
jn  for  me»  1  wdl  not  be 
idle :  In  the  mean  time  give  me  leave  to  with* 
dr»w  iDvielf  seemingty  from  any  enjyagemeni 
of  this  ktud  ;  I  sbirll  return  to  it,  I  dotdtt  not, 
with  mrtre  ahilitv  *'>  promnte  the  work :  Not 
tiiat  1  v^ill  derlme  any  proper  occo*cioris  that 
ma}*  ofler  themselves  to  cont^rs^  freely  with 
the' men,  and  iu  the  manucf  I  have  beeti  used 
t»  ilii,  lor  it  is  6t  upon  all  accounts  t  shouM 
do  so;  but  by  little  and  little  that  confidenee 
\*i\\  eoni,  and  make  room,  I  hope,  for  some* 
what  of  a  more  sol  '  ^  ^  •  •  ;Tortant  nature,  I 
dii'iHie  this  in  gr  nd  for  that  reason, 

.  i^.v-scnt  in  any  eeadi« 
li  add  only  my' faithful 


4 
I 


were  lo  l>e,  and  sii 
tenderly  ;  though 
enter  deep  witfi  tl^  t 
taken  this  re^hition 
and  aiTi  pleased  fn  * 
me  in  opmion,     A^ 
my  health,  an'i  °- 
stances  are  T 
as  there  is  air. 


3 


1 1^  duoott  Uie  proper  namo    for  yo 


I  ml  urj filter  able  r^"<p»*ct 


H' 


383] 


9  GEORGE  I.  Proceedings  against  Bishop  Atferbur^  [SI 


That  Jackson  (to  whom  this  letter  is  direct- 
ed) means  the  Pretender,  appears  from  Plun- 
kett's  cypher,  in  which,  over  against  the  name 
of  Jackson,  is  writ  *  the  king^ ;'  though  two 
names  had  gone  before  in  that  cypher,  over 
against  which  is  writ,  king  George. 

Besides  which,  Phmkett^s  letter  mentioning 
his  and  Layer's  journey  to  Rome,  is  directed 
to  Mr.  Jackson ;  and  Jackson  appears  from 
other  letters  to  be  the  same  with  Malcolm,  to 
whom  application  is  made  in  a  letter  from 
Edinburgh,  for  a  patent  for  knight  baronet,  and 
for  orders  to  raise  one  or  two  battalions. 

The  cypher  made  use  of  in  these  three  let- 
ters, is  the  very  same  that  is  made  use  of  in 
two  letters  intercepted  from  the  late  duke  of 
Ormond's  agents  in  Spain,  of  which  notice  has 
been  already  taken.  And  the  same  cypher  is 
also  used  in  letters  from  George  Kelly  and  to 
Dennis  Kelly.  And  among  the  papers  of  the 
latter  was  found  a  piece  of  a  cypner  in  George 
Kelly's  hand -writing,  which  your  committee 
are  mformed  is  a  supplement  to  the  cypher 
made  use  of  in  Jones  and  lliington's  letters. 

The  clerks  of  the  post-office,  who  opened  and 
copied  these  letters,  having  been  shewn  several 
papers  sworn  to  be  George  Kelly's  hand -writ- 
ing, have  deposed  u|)on  oath,  That  the  letter  to 
Gordon,  junior,  signed  James  Johnsf»n,  as  well 
as  the  three  letters  inclosed  in  it,  directed  to 
Chivers,  Musgrave  and  Jackson,  were  all,  to 
the  best  of  their  knowledge  and  belief,  ^nt  in 
the  same  hand  with  those  papers  ;  which  join- 
ed to  Neynoe's  information,  that  Kelly  had  told 
him,  he  was  employed  in  writing  letters  for  the 
bishop  to  the  Pretender's  agents  abroad ;  that 
the  bishop  never  let  him  carry  a  bit  of  his  haud- 
writine  out  of  the  room  ;  and  that  Kelly  made 
use  of  Doih  a  numerical  cypher,  and  a  cypher  of 
fictitious  names,  for  managing  this  treasonable 
correspondence,  appears  to  be  a  strong  confir- 
mation that  these  three  letters  were  dictated  to 
Kelly  by  the  bishop,  and  that  the  bishop  is  the 
person  denoted  by  the  names  of  Jones  and  II- 
liueton,  anil  by  the  cypher  1378. 

In  what  manner  these  letters  were  conveyed 
to  Paris,  will  be  observed  in  that  part  of  the  lie- 
port  which  relates  to  Kelly'.  Tne  correspon- 
dents at  Paris  own  the  receipt  of  the  packet 
from  their  cousin  Jones;  and  on  the  7th  of 
May,  Kelly  writes  Dillon  word,  that  Illington 
is  glad  to  hrar  his  letters  came  safe,  and  wishes 
his  next  to  be  more  to  Dillon's  satisfaction. 

Your  committee  having  thus  laid  before 
you  the  grounds  they  have  to  be  convinced, 
that  these  three  letters  were  sent  from  the  bi- 
shop of  Rochester  to  general  Dillon,  the  late 
lord  Marr,  and  the  Pretender;  they  think  it 
their  duty  to  make  some  observations  on  the 
contents  of  them. 

They  observe  from  his  letter  to  Dillon,  that 
be  has  contracted  a  great  intimacy  and  fami- 
liarity with  a  professed  Roman  Catholic,  who 
appeared  openly  in  arms  a^nst  the  late  king 
William  in  Ireland,  and  being  obliged  to  leave 
that  country  so  long  ago  as  the  capitulation  of 
Limttick,  has  ever  since  adhered  to  the  same 


cause  in  foreign  parts,  and  is  at  present  mc 
active  and  industrious  than  any  other  of  t 
Pretender's  agents  in  exciting  a  rebdlkm 
these  kingdoms.  He  is  at  this  time  a  Ileal 
nant-general,  and  has  the  eoronsand  of  one 
the  Irish  regiments  in  the  French  service.  . 

Your  committee  observe,  that  as  the  difiere 
professions  of  these  two  persons  couU  lay  i 
sort  of  foundation  for  any  ititimacy  or  inti 
course  between  them,  so  the  long  abaence 
general  Dillon  makes  it  highly  probaUei  th 
their  acquaintance  could  not  be  commcne 
before  his  leaving  these  kingdoms ;  and  th 
it  can  only  have  proceeded  from  their  boi 
long  united  and  confederated  in  the  comoH 
support  of  the  same  wicked  cause. 

Vet  their  intimacy  in  such,  that  the  bah 
acknowledges  the  receipt  of  several  nape 
from  Dillon,  toglther  with  directions  of  en 
municating  them,  which  the  bishop  cwns  I 
obeyed  as  far  as  he  judged  it  proper.  Aril 
service.  Some  of  these  papers  appear  to  her 
been  from  the  late  duke  of  Ormond,  whoiiii 
tainted ;  and  others  probably  from  the  At 
tender,  whom  he  has  so  oAen  abjured. 

He  advises  Dillon  to  press  the^  soBdi^ 
supplies ;  and  owns  he  has  been  desired  Is  M 
dertake  that  province  himself,  but  that  he  hi 
hitherto  declined  it ;  not  firom  such  restrdil 
as  should  naturally  have  arisen  in  the  mind  i 
one  of  his  character  and  function,  but  niad|j 
on  account  of  some  fi)rmer  ill  success  and  OHl 
management,  in  which  he  owns  he  had  bN 
deeply  'concerned. 

He  aflerwards  advises  Dillon  to  use  tbesiri 
caution  which  he  himself  intended,  of  M 
trusting  any  thing  of  importance  to  the  psi 
endeavouring  to  act  within  the  shelter  and  ssA 
guard  of  the  laws  for  subverting  our  hapfr 
constitution. 

This  great  caution,  which  (as  Neynoe  lii 
Kelly  told  him)  the  bishop  used,  made  hiai 
extremely  careful,  as  not  to  let  even  the  m 
he  trusted  most,  have  one  line  of  his  own  baai 
writing ;  and  shews  that  he  was  wonderfully  li 
licitous,  not  to  avoid  the  guilt  of  treason,  botodt 
to  escape  the  punishment  due  to  it,  by  savii| 
himself  from  the  danger  of  legal  couvictroo. 

Another  of  his  letters  is  to  the  late  ki 
Marr,  who  so  lately  appeared  in  arms  agiil 
his  majesty,  and  has  smce  had  a  |v>8t  of  tl 
greatest  confidence  and  trust  near  the  Pretends 

In  this  letter  he  owns  the  receipt  of  one  fM 
Marr  by  Kelly,  together  with  verbal  insliil 
tions ;  which,  to  cut  off  all  excuse  of  surpfk 
or  inadvertency,  he  says  he  carefully  oil 
sidercd,  and  yet  entirely  agreed  to. 

He  then  mentions  his  present  sad  cireii 
stances ;  but  comforts  himself,  that  as  iM 
will  not  permit  him  soon  to  act  openly,  so  ri| 
tlier  is  there,  he  thinks,  any  immediate  ocoiA 
for  it,  some  time  being  necessary  toiMP 
ripening  matters.  So  that  when  a  proper^ 
portunity  should  have  offered,  the  mask  wiil 
have  been  thrown  off,  and  then  he  was  m« 
to  have  avowed  the  cause,  which  hf  haa  hiJM 
supported  only  in  disguise^ 


mni  utkertfjbr  a  Treasonable  Conspiracy, 


i 


^i'  the  bifihop's  is  to  ihe 
it^Baoceof  ihai  law  nliicb 
liii*  LolUiu^  aiiy  con^S|»otuteDce  with 
ll«Qi,  ur  bin  i^xiti,  higU-treusoit,  Jn  this  letter 
WowfMiL  or  one  from  the  Pretendlerj 

mai  mmhi  .  I)  Ue  Jeiierred  that  con- 

id»op,  he  Uuii^fhi,  nhii  best kno^ffi the thon^hu 
lllnftwa  l>e«rl,  dt?clju-e«,Thttt  if  the  Preieuiler 
At  Lt0  r"/ht  r.,...fl,  h*5  dare*  sa^'  ilf  is 
r*s  own* 
Uje  Prctiso<J«r  to  hope 
lunity*  t!ioi)gb  not  every 
aif  ibe  ttrsti  which   wms 


>1«  tu  the 


ftw  lircMfraWe  opportu»ity  app^nrsto  1 
luitbifn^  'ious;  una  your  coriim 


h4  bul 


h«ve 

your  cormniltee 

>!mt  the  tuu  most  riotous 

it^bout  itie  kiryi^dam.  were 

.  a  pkc»  onder  the  imme* 

'     flop  of  UoL-liester  j  Qud 

[«[^car«  by  this  Report 

^    rf^,  nil  u^etit  or 

i  l»y  him  in  mn* 

.^  ^  ., ,.  .,|>inHleiice. 

'  i  to  himself  the  merit  of 

o   lie  had   ilra\«ti  ttp   and 

lie  IVetender,  a(W  it  bad  fir»t 

;*nd  iipprohulion  of  the  persons 

lys  it  had  heeii  kept 

[lef  thai  d^-uds  tni^lit 

\*^Mi  Which  ntfaiii  fthews 

nMt*  >  to  have  U'cu  the  re> 

Vio-i  raliifjij    and  lh:it  iboil^h 

bit!  r  ill  words,  yet  other  ucis 

were   wliat  he  hoped  for,  and  was 

-     '-    '     '      '1  restore  him  to  his 
^eit  tott  Ants  the  pro- 
,.:,  jiid  Hi  the  nii-an  iinie 
lUs'  irlrat*    himself  hrcmin^ly 

l^ftnv  -  Eiin  4if  ibui  kind*  that  be 

t'ttter  zcaI  mi  id  nciivity  to 
iind  fictile,  by  phictn^  a 
irtrudcr  on  ihe  ihr'me,  in  \iul  iiion  of 
•Tv4    OAth^  SO  frequetttly   takeo 

w*«f»oiiti«>4i  will  now  proceeil  to  shew 

'    III'  bishop  appeurit  to  have 
CorreKpoiideiK'e  and  ne- 
on  with   the    i'rctender^ti 


I  tM  France. 


ifcttftftioti  on 

aU  w<:h 
Jftod 


\VI. 


^'^'  'fjuiswerslllioij- 
MMrr)  the  ^eih 
...^  .i,,..i    in  n   it  rter  to 
e  of  the  AOfiwer  if  to  con* 
i  bi?t  loan,  and  to  express 
^iidiri^^  him  in  the  tame 
Bliirr.  in  rehttlon  to  their  old 
ice  (Uackei) ;  and  in  an* 
V «  he  frts  llhn^ton  know 
Uu  I  i^^nicihution   wuuld  be  to 
V  moeh  lo  Farmer  a  interciit. 
"♦'«•  reason  to  believe,  from 
!  (tie  letterii,  that  Farmer 

i^rrd   afiMve,  one  of   the 
I.. id  by  tlic  i^n^pirators  for 


putting  their  design  in  executiott  was  Uia  b«* 
giaciinsc  of  May^  17'.;^* 

Uu  the  lat  ot  May,  Dillon*s  se^^rtiary  writfta 
lo  Kelly,  »•  That  Mr.  Jones  cannot  take  a  bet- 
ter time  10  bare  himself  fitted  with  an  easy 
saddle,  ihei-e  Uiiu^  a  number  of  saddlers  idle  in 
France  at  present,  who  in  case  of  w&rs  would 
be  so  yery  busy  there  would  he  no  coming  at 
them,**  This  is  explained  by  what  Nej^uo^ 
fsaid,  that  in  Kelly  *s  cipher '"  saddlers'  stood 
tor  Irish  soldieris,  though  he  did  not  know  any 
letters  bad  been  interce|)teii  where  tliat  tercy 
was  made  use  of;  and  m  Pluukeit's  cyjdier 
*  saddles^  stands  for  regUuetitSi  and  ^  gh  i  *  for 
100  men. 

On  the  3od  of  May,  Dillon  himself  ec* 
koowleda[es  the  receio't  of  hia  cousin  Jones** 
letters  of  the  ^20*h  ol  AiiriK  and  •♦  expreijtsea 
much  concern  for  that  ladv'^  ill  Estate  of  liealthi 
lieiog  much  ofraid  his  owu  sraull  cout^enis  can 
hardly  be  seltled  to  satisfaction » till  KJie  i^  Mm 
to  Fohcii  in  bU  fa?our/' 

On  the  7th  of  31  ay,  Kelly  writes  to'  Mas- 
grave  (Marr^)  **That  he  had  commuaicoled 
his  letter  to  Mr.  Jones;  and  that  Mr.  J<fnP8 
desired  a  letter  from  Musgrave  or  Fiunttfr** 
(ihe  Pretender)  **  to  tlackttf  to  brinai:  him  to 
town,  without  which  it  would  Ihi  inmracticabla 
f«>r  them  to  do  business  togelher  That  Jones 
finds  Armstrong  and  €orn(>auy  very  loth  to  b« 
any  way  coucerncd,  havinj^  no  opinion  df  th^ 
present  hands;  however  that  it  is  siUl  neces- 
sary to  make  the  most  of  them/' 

VVho  U  uieant  by  *  Armstrong  and  Company* 
does  not  ati|>ear  to  the  committee. 

On  the  !Hh  of  May,  Ddlon^a  secretary  writes 
to  Kelt),  *^Thal  if  this  post  had  not  bnu^^^bt 
an  atldition  of  thiee  to  the  iix  formerly  c<>tiio 
from  Hc'priey,  it  i^  ea»y  tor  Mr*.  J  noes  to  »t?e 
what  IS  still  wAotinir  hjr  tlie  purcluse  bht*  in« 
tenda  to  nifike/'  Who  is  wmMW  by  ftt*|iney 
is  not  certain  ;  hu!  m  the  following  part  of  this 
llepori  there  w  ill  appear  ijrouuds  of  a  probahit 
com  ec  tore. 

Thi*i  passa^re  relates  toaVdl  of  evchan^e  (of 
QfiGOL  probably)  sent  over  to  Calais,  and  thenca 
to  Waters  the  rre tender's  banker  at  Paris,  ou 
the  16tb  of  April ;  the  retei]it  of  which  is  ac- 
knowletlged  in  sevcrnl  letters  both  to  George 
Kelly  and  Dennis  Kelly.  This  paragMpTi^ 
which  says.  '*  I  bat  if  three  more  are  not  come, 
besides  the  nix  from  Repoey,  it  i»  ea><y  fur  ^Irs. 
Jones  to  see  whnt  i^  still  v^HnttU};  for  the  pnr* 
chose  she  intends  lo  make;'*  ahewi  phiirdv, 
that  Jones  was  at  least  privy  to  that  rtmit- 
tanoe:  which  agrees  with  what  P:mcier  has 
de{H)sed  uj^on  oath,  that  he  v^af^told  b)  Skeeue, 
among  other  paiiicular;  re^Uingto  the  conspi- 
racy,  that  a  large  <  n  had  been  raised 
ancf  put  under  the  <  ^  nt  of  the  bi^ho^ 
of  Rochester*  which  wa^  called  their  tnilitar)r 
chest. 

On  the  lOih  of  May,  (three  dM\      '        li« 
encampmerif)  Kelly  w'riies  to  Dil 
tary,  "  That  it  waj,  repn      Ml     ' 


I 

t 


MLdiitrly  refused  lo  put  < 
tendcnl  to  stt  out  aartt  u^Ai 


Mid  in- 
Lhauf 


S07] 


9  GEORGfi  I.         Proceedings  againtt  Bishop  Atterhury^  [968 


tbey  ooold  then  compass  barrels  enoaffh,  the 
sooner  fhe  wine  comes,  he  belieTes,the  Setter.*' 
He  adds,  '*  that  Jones  promises  to  be  a  k^mkI  cus- 
tomer, and  that  he  hopes  Hacket  ami  Jones  will 
giro  them  the  finishing  stroke.*'  Tlie  time  of' 
year  in  which  this  letter  was  writ,  and  the  ab- 
aard  supposition  of  its  being  more  difficult  to 
find  *  barrels'  than  '  wine,'  shew  sufficiently 
that  these  words  are  not  to  be  taken  in  their  li- 
teral sense. 

Your  committee  are  informed,  that  '  wine' 
was  explained  by  Neynoe  to  mean  invasion, 
thooffh  be  had  never  been  told  that  any  such 
wordhad  been  made  use  of  in  these  letters,  nor 
had  lieen  asked  any  question  about  it ;  and  in 
PInnkett's  cypher,  *  barrels'  is  explained  army, 
and  *  vines,'  1,000  men. 

On  the  19th  of  May  Dillon's  secretary  writes 
to  Kelly,  *(  That  he  is  assured  by  good  hands, 
Hacket  and  Jones  are  the  best  able  to  adjust  his 
liarticular  coneeilis ;  that  he  does  not  question 
their  good  dbposiiions,  and  that  doing  it  timely 
"will  be  a  double  merit." 

On  the  19th  of  May,  Kelly  was  taken  into 
custody,  about  the  7th  of  June  he  was  admitted 
to  bail ;  and  on  the  11th  he  writes  an  account 
of  his  examination  to  one  Gerrard,  whom  your 
committee  believe  to  be  sir  John  D'Obryan, 
whom  Kelly  owned  to  be  employed  by  Dillon 
in  writing  for  him.  In  this  letter  Kelly  says, 
<*  He  was  chiefly  questioned  about  a  little  dog 
he  got  from  France,  and  about  five  or  six  cant 
names,  which  were  Illington,  Jones,  Cane, 
Howell,  Quitwell  and  Hacket,  and  that  who- 
ever Illington  is,  he  was  the  person  chiefly 
stnick  at.'^ 

On  the  18th  of  June  he  writes  to  Dillon, 
*'  That  it  is  absolutely  necessary  to  make  no 
more  use  of  their  present  account-book,  since 
those  that  have  got  part,  may  by  the  same  me- 
thod have  got  the  wnole ;  and  that  it  will  be 
highly  improper  for  him  to  meddle  with  busi- 
ness, at  least  for  some  time." 

From  this  time  forward  vour  committee  ob- 
serve, that  the  names  of  Jones  and  lllmgton 
are  no  more  heard  of  in  the  intercepted  corres- 
pondence ;  neither  does  Kelly  so  frequently 
write  letters  of  great  business,  but  in  his  stead 
Thomas  Carte,  clerk,  takes  up  the  manage- 
ment of  the  bishop's  oorrespomience. 

The  letters  from  Carte  are  signed,  and  those 
to  him  directed  by  the  name  of  George  Wil- 
liams ;  and  Mrs.  Harbin,  to  whose  house  they 
were  directed,  having  been  examined  before 
some  lords  of  the  council,  has  deposed  on  oath, 
that  Carte  desired  her  to  take  in  letters  so  di- 
rected, and  that  she  delivered  one  so  directed 
into  his  own  hands. 

And  in  the  cypher  taken  among  Dennis 
Kelly's  papers  in  Georp;e  Kelly's  hand- 
writing, Mr.  Carte  is  designed  by  the  ficti- 
tious names  of  Thomas  and  Trotter,  who  ap- 
pear, by  comparing  several  passa^  in  the 
fettiers,  to  mean  the  same  person  with  George 
Williams. 

From  the  time  of  George  Kelly's  being  first 
teken  op»  the  hi^op  of  Rocheiter  ia  denoted 


by  the  names  of  Rt§f  and  Weston,  ii  will  i^ 
pear  from  the  following  drcnmstaiioei. 

On  the  30th  of  Angust,  Kelly  writee  to  Dil- 
lon a  long  letter,  which  contains  the  porticnlan 
of  the  bisliop's  being  taken  into  custody,'  en* 
mined  and  committed.  On  the  14th  of  Sep- 
tember Dillon's  secretary  writes  to  Kdify 
•'  That  his  letter  on  the  30th  of  August  sum 
safe,  and  that  the  particulars  he  gare  of  Mr. 
Rig's  case  were  very  acceptable  to  DUm, 
whose  concern  for  a  true  and  wortbv  frteod  anA 
relation  cannot  be  doubted,  and  k  longing  ^ 
sire  to  know  her  entirelv  dear  of  her  die- 
temper."  In  the  same  letter  he  dewci  to 
know  what  is  become  of  Carte. 

That  Rig  denotes  the  bishop,  is  farther  eon- 
firmed  by  these  particulars :  Kelly  in  bis  fiist 
letter  after  his  enlargement,  writes  word  to 
Gerrard ;  *'  All  I  can  do  now,  will  be  only  to 
deliver  to  your  cousin  Rig  any  goods  that  jfon 
can  send  by  private  hands :  be  is  detemmed 
not  to  receive  them  any  other  way,  and  in- 
deed 1  cannot  say  he  is  in  the  wrong.  Hew 
far  this  late  affair  may  affect  him,  I  eiMOi 
tell." 

Now,  since  it  appears  that  Kdly  wasftr- 
merly  employed  in  conveying  letters  to  and 
from  the  bishop  (which  are  often  called '^osdi' 
in  the  intercepted  correspondence)  since  tbi 
bishop  himsell  had  desired  in  his  letter  to  Dil- 
lon, that  no  more  letten  of  consequence  might 
be  trusted  to  the  post ;  and  since  Kelly's  en- 
mination  about  the  dog  could  affect  no  one  bat 
the  bishop,  it  may  justly  be  concluded  that  fiff 
and  the  bishop  are  the  same. 

That  Weston  is  the  bishop  will  appear  from 
the  following  circumstances : 

On  the  7tli  of  June,  DUlon's  secretary  writei 
to  Carte,  and  acknowledges  the  receipt  of  aki* 
ter  from  him  of  the  S8th  of  May  (which  wis  ^ 
soon  after  Kelly's  being  token  up),  and  after 
expressing  great  satisfaction,  **  That  the  hie 
rumours  of  a  plot  had  not  occasioned  a  tolil 
interruption  of  commerce,  nor  obliged  any  of 
their  correspondents  to  go  aside  ;*'  he  addii 
<'  That  Dillon  desires  to  be  most  kindly  remeo- 
berc^  to  his  good  friend  Mr.  Weston,  for  whom 
he  was  in  the  greatest  concern,  on  account  of* 
story  that  his  clerk  had  been  laki  up  for  debt; 
but  that  he  hopes  Carle's  next  letter  wilF  pot 
him  St  full  ease  in  this  matter." 

This  plainly  has  reference  to  Kelly's  briflf 
taken  up ;  and  his  relation  of  clerkship  to  tbt 
bishop  lias  been  fully  explained  by  what  gotf 
before. 

On  the  14th  of  June,  Carte  writes  to  Dilkm^ 
secretary,  and  endeavours  to  put  him  at  ftlll 
ease,  in  relation  to  Air.  Weston,  by  telling  hiBi 
*'  That  Mr.  Weston  is  in  the  country,  that  hi 
saw  him  two  days  ago :  that  he  is  perfccdf 
well,  and  as  easy  in  all  his  affairs  as  any  BMi 
alive,  and  very  much  Dillon's  humble  servant* 
I  It  appears  by  depositions  annexed  to  this  Re- 
'  port,  that  the  bishop  was  in  the  conntiy  at  lki( 
time. 

On  the  14th  of  July,  Dillon  writes  to  WcrtM 
under  cover  to  Carte}  end  denrae  he  wQl  ad- 


"t^^  A  TreoionaMe  Compiract/.  A.  D.  172S. 


[390 


b«f  ^§ent  c»ver  from 


France  ex- 


kof  July»  Kelly  writes  word  thai 
I  IdAiI  ii«eii  (alef  V  tiigetlier  ;    aa«l 
^j  tHev  wet,  Rjg  s^oi  lo  him  to  know 
|8iMNJ  with  DUHm  anil  lij»»  |varliiej's, 

liiM  day,  &»tAnley  (tvbo  upjkears  by 

PJ|f  liM  letter  to  t>e  ilif  sutne  with 

I  U»  Dillon,  ''  Ttini  lie  hail  been 

mJeiit,  to  whom  the  lett«»r  o( 

J  ttnil  Imii  partly  engratreil  him 

fcflkir/'     On  ilie  30ih  uf  July, 

t  word,  he  liad  the  homiurofintio- 

ey  lo  5Ir,  Weston,  unci  ineotions 

~  >p  oi  which  ootico  will  ba  taken 

t  iniisiu«re«  i|  appearSi  thai  ^Vestoti 

bv  Carte)  mean**  the 

>.   use  of  by  Kell^  )  which 

VD  l»dure  to  lueaa  the  bishop  of 

4ore,  and  Wegton,  being  made  use 
>  ibc  bishop  ;   it  remains  to  he  coa- 
ikAt  nirt   Ki^  or  Weston  appear  to 
111  the  «tf]uei  of  (he  intercepied  corrrapon- 

ipfeara  b)  the  letter  from  Dillon's  secre- 

d  tkw  7!*i   •*  '  T' r  tlmt  thiiy  apiireheoded 
iiermlt  oii  i  lu^  taken  np,  that  somti 

^titoQtTf  Mould  lx>ul»li|(cd  ta^o 

(    liiat  Ut  Latest  pain  wa^for  Mr 

HW.  tthoM  .V  with  Kelly  was  such, 

stiled  tiii»  olerki  which  U  no  im- 
K    [       -'  tor  one  that  kept  the  cypher*, 

Ktyled  Ibrottghunt  the  inteVcepted 
m  of  accompts;*  and  in  Laycr'i 
Hied  *  rentals/  If  K«'ily  had  hud 
vrreal,  the  pain  for  Mr.  Wesiou, 
Mother  corretpuiidf^nts  goin^  asidei 

^  the  Hth  of  J  one,  Carle  seta  them  at 
m  fptatioQ  to  Weaton,  wlio  was,  he  «aya, 
aifairsaiany  tniinalite;  which 
ea*e,  Kelly  hafinjr  burnt  hit 
^^.1,..^  .,,jf  tiiid  ul  liberty  to  af- 
ield iordii  could  j^et  nothings 
tit  it;  iititioD,  wht^p  lieatieuu- 
'  lug  ever  heatfl  of  the  naines 

TOU, 

(ha  lUh  i*f  June,  Kelly  scinds  tna  friends 
Ira  an  Bcoimni  of  hia  late  nu^forttuie  ^ 
|Aer  eontfilatntnif  of  their  DPglcci  in  not 
y  hhm  nut  aoofier,  and  iolimatin|C  that 
nii;rhl  hate  |M*ovoke<l  a  paasionair 
helray  their  aeereta  ;  he  «aya,  your  uhl 
idred,  olTcretl  oU  that  could  be 
thu  poor  man. 
laudyi  ili  *:  V 


f 


'lhi« 


pnaaage 
r    of  tbuiae 

<>  have 

.^^ii^ii.  himacif 

Kt'dv  in  ^oo<J 

*  4*^ii»tance. 

>:ih  of  Jiitii.*, 

5   itUUU>   I   |»|ll 

!huu|;h 
it  baa 


ff^m  aouti.*  jai  tttijd«:d  friattd 


than  any  real  enemy  t  and  as  his  eonjectura 
Uea  on  thta  aide,  you  may  easily  guesa  the 
point  it  tends  (o/^  This  uasaaite  aitewa  thai 
lite  discmeries  made»  wrre  known  by  Rijp  to  be 
well  founded  ;  auice  no  one  could  be  led  to  sus- 
pect, that  an  information  entirely  false  should 
nroc-eed  from  aome  friend  entirely  in  the  secret ; 
besidta  it  shews  Rig  had  trienda,  in  whose 
jiower  it  was  to  beUay  him  ;  and  that  tliosa 
fiienrf4  were  known  to  the  correspondents  ia 
France, aince  Kdly  says,  they  are  »ble(oguesa 
who  it  is  that  Ri{^*suspeets  on  this  ^ide.  Thia 
is  a  farther  intiinatioUf  that  Ri|(  had  friends  on 
the  other  side  of  the  water,  in  wliose  power  it 
\«as  euually  to  have  betrayed  the  secret* 

Kelly  then  tells  Uilton,  *'  That  it  is  ubsohite- 
ly  necessary  to  make  no  more  use  of  their  pre> 
sc^ntaccompt  book;  since  they  that  have  got  part, 
may  by  the  same  method  have  got  the  whole, 
This  is  a  direct  conliission,  that  the  name«  of 
Jones  and  lUiobfion,  and  others  on  which  Kelly 
was  questioned,  were  really  a  part  of  Iha 
cypher  in  use  between  him  aud  his  correspon- 
dents in  France :  And  as  Kelly  writ  word  thai 
Illinetou  vas  the  person  princi[»ally  struck  at| 
and  knew  very  well  by  Mrs.  Barnes's  coolieB* 
sion  about  the  dog,  who  I  Hindoo  was  under* 
stood  to  be ;  it  amounts  to  a  confession,  thai 
that  exposition  of  the  name  of  lllin^ton  waa 
true. 

He  then  ndds,  *<  All  that  hes  in  iny  power 
now,  will  be  to  deliver  to  your  cousin  Ihg  aw/ 
goods  yon  can  send  by  private  hands;  he  be* 
ing  determineil  not  to  receive  them  any  other 
way."  So  that  by  private  bauds  Rig  waa  aliU 
witling  lo  receive  them. 

However  Kelly  says,  <*  If  your  business  caa 
be  coaveyed  any  other  way  to  him,  you  can- 
not do  tne  a  greater  favour :  For  to  lell  yon 
the  truth,  it  is  against  nay  opinion  and  incii> 
n»tion  to  have  any  farther  dealing  that  way/' 
Thia  shews  what  dealing  Kelly  had  hitherto 
had  ;  and  at  the  same  lime  explains  how  Carta 
comes  to  be  employed  in  managing  the  biahop^a 
correspondence  for  the  future. 

Kelly  adds,  *"  That  lie  does  not  know  how\ 
far  this  late  affair  may  adect  Rig.  This  shewa 
that  he  knew  Rig  was  engaged  in  some  cri- 
minal correspondence  ;  since  the  recetving  a 
dog  from  France,  or  beifig  called  by  a  lioti« 
tious  name,  cool  it  not  other  ivisc  have  afircted 
him. 

On  the  lOth  of  July,  Carta  writea  a  lopf 
tetter  about  Korne  MS.  and  Weston^s  opiniou  of 
Ih4.'m,  Ns  tilao  that  ol  Fioch«  What  is  meant  by 
maiMiacriiits,  di>e8  not  appear;  Ufiiher  is  it 
csrrtnin  who  Fioch  is,  but  he  is  spoke  vf  as  be- 
ing in  liii^h  repute  wiih  Weston< 

C>ii  the  l»t  ot  AutrUMi,  Dillon  writes  to  Carta, 
**  That  he  runnot  apply  to  a  more  sutficient 
juflifi*  than  Wesioo  uhuui  hia  ronceni  nittt  Mr* 
V[Uth:^*  aud  he  ofr^-n  i^-.-hu,  •*  That  he 
ihsikesa  most  pariicni  '   Mr.  VVirsion'a 

jtid^ment;  and  that  i-  utirely  on  Wes- 

ton's frii'od^hip  and  Batice*^*  and  Other  to^ 
preNsion%  of  the  like  nature. 

On  Ih^  14tU  of  July,  iiaion  wrilc«  alatiarl# 


391]  9  GEOUGE  I.  Proceedings  against  Bishop  Atterlury^ 

Weatorf  (the  bitfhop)  enclosed  to  Carte,  io  the 
IbUowiny^  wordB : 

<*  To  Mrs.  Weston,  inclosed  to  BIr.  George 
Williams,  at  Mrs.  Harbin's  over  against 
Somerset- house. 


[309 


"  Saturday  25  July,  1722. 
*'  Dear  Madam ;  I  cannot  on  any  reasona- 
ble grounds  complain  of  your  silence,  though 
long  it  appears,  because  I  am  informed  of  ue 
ailuaiion  uf  your  health,  and  the  concerns 
your  family  are  in,  by  bankrupts  and  lawHsuits. 
Permit  me,  however,  to  fuliil  a  part  of  my 
duty  in  presenting  you  my  best  respects,  and 
tinalifrabie  atlarhment  to  you  and  yours.  I 
wish  this  may  tind  you  so  tar  recovered  from 
jiast  misehancrN,  as  that  you  may  be  once  more 
\n  a  humour  uf  a ffurding  me  a  ci»mfortabIe  line. 
1  have  all  the  stock  I  bought  lying  by,  and  1 
Intend  it  shall  remain  sf>,  until  you  advise  me 
of  the  proper  time  to  dispose  of  it :  Being  fully 
convinced,  that  in  the  slippery  ai^e  we  live  in, 
1  cannot  confi:le  to  any  better  than  you.  I 
bear  many  say,  that  our  stocks  will  infallibly 
rise  again  to  a  good  height,  by  Mr.  Wal|H>le  s 
wise  and  able  management ;  I'roin  whence  1 
should  hope  not  to  be  so  much  a  loser  in  re 
•erving  mine.  8till  my  lights  at  this  distance 
can  l)e  hut  very  imperfect :  Therefore,  dear 
Madam,  1  will  earnestly  pray  your  direction, 
when  you  fiiid  leisure  to  grant  me  this  favour, 
as  also  of  forgiving  this  trouble,  for  which  I 
offer  amends  iu  any  manner  1  can  be  of  service 
to  you.  Tlie  few  acquaintances  of  yours  1  con- 
verse with  in  these  parts,  are  well:  and  rely, 
as  I  do,  on  your  friendly  advice  in  a  most  par- 
ticular manner,  about  their  concerns  in  the 
funds.  They  disire  you  will  be  pleased  to  ad- 
mit Mr.  I^kinner  to  receive  your  commands, 
who  is  diiected  to  call  upon  you,  and  explain 
some  particulars  too  tedious  for  a  letter.  He 
ftccms  to  be  very  ready  at  business,  and  will 
i>boy  your  ordi^rs  punctually.  I  am,  with  the 
grc'atirst  esteem  and  sincciity,— Dear  Madam, 
your  most  humble,  and  most  obedient  servant, 

«  DiGBY." 

On  the  16tb  of  July,  Dennis  Kellj^  writes 
word  to  France,  that  Skinner  arrived  in  town 
the  night  before ;  that  be  had  been  to  wait  on 
him,  longing  much  to  know  how  the  fall  of 
stocks  adeclid  his  friends. 

On  the  26th  of  July,  Kelly  writes  to  Dillon's 
»ecrrtar}',  *■  That  Kig  and  ^in  bad  been  lately 
together;  and  that  before  they  met.  Rig  had 
sent  to  him,  to  know  if  Skin  stood  well  with 
Dillon  and  partners."  He  adds,  <*  That  Rig  still 
seems  to  promise  his  assistance,  if  he  can  get 
the  better  of  his  suspicions :  and  that  Rig  went 
into  the  country,  the  day  after  Skin  and  he 
had  been  together.'*  It  appears  by  a  deposi- 
tion a:incxed  to  this  RejMjrt,  that  the  bishop 
came  to  town  on  the  19th,  and  returned  to 
Bromley  on  the  2  ist  of  July. 

On  the  same  day  tliat  Kelly  writ,  Stanley 

iwho  is  the   same    with  Skinner)  writes  to 
)illon,  "  I  have  beto  with  your  correspondent 
10  vbsn  Uni  Utter  of  cndU  wss  seot,  who  hu 


ition  decypuerit.  in  tbis  parai(rapli,» 
I  of  saying  a  word  about  the  funds,  M  M- 
Its  Dillon,  **  That  they  are  ceruinly  be- 
id  by  some  one  entirely  in  the  secret,  wbe 


partly  answered  my  demands,  and  pnwises  to 
comply  in  all  points  with  your  directions.'*  He 
then  adds,  **  I  must  now  give  you  an  sceoeDl 
of  what  product  may  be  hoped  for  from  the 
public  funds." 

Then  follows  a  paragraph,  some  few  letlHi 
of  which  are  in  cypher,  but  as  your  comnillss 
is  informed,  in  such  an  easy  and  obvious  esr, 
that  any  one  that  reads  it,  may  with  the  last 
attention  decypherit.  In  this  para«pipfa,» 
stead  (  "  ■ 
quaints 
trayed  \  ^ 

has  given  such  light  into  all  their  affairs,  that 
the  most  minute  circumstances  are  perfectly 
found  out ;  that  therefore  he  mustcautioD  hkBt 
as  he  is  requested,  to  be  very  careful  who  be 
converses  with,  even  at  Paris,  without  eioepv- 
ing  any  one." 

This  paragraph  explains  sufficiently  what  is 
meant  by  Slocks  and  Funds ;  and  it  is  rausfli^ 
able,  that  in  Plunkett's  cypher,  ■  broken^  ii 
explained  *  agents.'  The  owuinf^  themseffsi 
discovered  by  some  one  entirely  m  the  acsn^ 
proves  there  was  a  secret,  and  that  the  dM- 
coveries  of  the  government  were  well  fouodsl. 

He  then  adds,  **  I  have  partly  prevailed  with 
the  correspondent  (Weston)  to  undertake  whst 
he  had  firmly  resolved  against,  which  is  the 
procuring  arrack,  which  cannot  fail  SMCOedisg 
by  that  channel."  And  on  the  SOtb  of  July, 
Carte  writes  to  Dillon  in  the  following  words: 

«<  I  had  the  honour  of  intrmlQcing  Mr. 
Stanley  to  Mr.  West,  who  received  biw  in  the 
best  manner,  and  assured  him  of  his  readinca 
to  serve  him  in  what  he  could.  Mr.  St.  was 
much  p1ea».e<l  with  him ;  but  did  not  engsg|e 
him  to  solicit  in  his  arrack  affair,  which  yet  n 
of  tlie  greatest  consequence  to  him,  anil  Mr. 
W.  is  nio^t  capable  of  serving  him  in,  because 
in  the  esteem  of  all  the  commissioners  in  whose 
power  it  is  to  relieve  him  in  the  case.  And  ss 
Mr.  W.  would  do  it  effectually,  if  engaged  in 
it,  so  Mr.  Stanley  desires  roe  to  beg  the  fovoar 
of  yon,  to  request  the  favour  of  Mr.  W.  in  a 
letter  from  you  to  Mr.  Stanley,  which  he  is 
sure  wouhl  fortify  the^jTood  inclmatioua  Mr.  W. 
has  already  to  serve  him,  and  effectually  «i« 
gage  him  in  the  thing." 

The  original  of  this  letter  bein^  stopped, 
is,  as  your  committee  are  informedy  u  Carte's 
own  hand -writing. 

What  is  meant  by  these  mysferioospassagci 
about  arrack,  must  be  leti  to  tlie  conjecture  eC 
the  house. 

Jf  this  be  compared  with  the  bishop's  letter 
to  Ddlon,  and  with  Fancier's  depoaitiOD,  it  ii 
not  improbable  that  by  *  arrack'  may  be  meail 
contributions  of  money. 

But  whatever  is  meant  by  it,  the  committss 
observe,  that  it  was  a  |K)i«il  of  the  greatest  im- 
l>ortauce  to  the  conspirators,  since  it  wsi 
thought  necessary  to  be  laboured  by  a  persH 
sent  from  France  on  purpuse;  and  the  bUiop^ 
reluctancy  to  come  into  it  argues  it  to  have 
been  something  very  dangerouvt  wkA  bey8u4 
the  ordinary  lengths  of  bia  r " 


\  Metifjor  a  Trensnnahle  Conspiracy*  A*  D*   172S.  [S^^ 

r««»  ttiiittlte  jititinpftHirectjoti  I  (now  in  custoily),  Cmrie  snd  Dennis  Kelly* 
under  u  11  ili^  disguises  of    ofttn  tisited  George  Kelly* 


and  nrnitk,  is  submitted 
I  jnitgrnful,  uo  wbicb,  it  is  oi'len 
lltit'iTY  rfly. 

H»'v  finvihiK  thus  ^^^^  before  you 

19  in   the  inlrrcepl^*!  cor- 

i  itf-  »o  the  bisihop  of  Ro- 

,  will  now  proceed  to 

1  (id  rn  iliesume  corres- 

iUuti^  to  lieorge  Kelly ;  vrho,  as 

Vft  belure,  acted  so  mucli  uuder 

I  !  ce  of  ilie  bishop,  thut 

I  ^  would  lake  &uy  step 

.!  utfair  of  this  iinture^  with- 

'\-Z  \\\  least  uiade  privy  lu  it. 

.  '■■  •■  /^!-   whftt  wa^ 

ids   of  me- 

[eg*_^nt»  'UOiiLjiiL  uv  Kelly  to 
^Ibcy  \\n\\  Kouie  farther  purti- 
niieV  pajieri,  rtftiitiag'  to  Kelly 

\\y  Itud  owDed  to  him  Xvm  havirijOT 
lyat  AviiTnou  while  ihc  Frelender 
iM  at  hia  ifturn  froti)  Fniucfi  la&t 
ht  over  fctverul  papers  and  let- 
th«  rest  one  in  Freuch,  in  the 
igof  Dillon's  secretary,  iutituted 
tttuMy  ot!Vrt?d  lo  curdiuttl  Dti  Uois, 
At    ific  .  .;  the  Hoo^e  of 

taio  thrwri'  ud,  preferably  to 

<   lilt'   rcul    interest  of  the 
»r  In  tlmt  effet'L     Thatthii 
■^  =  to  be  lnifidatedt 

/ist,  und  turning 
luai   would  accrue  to 
agaiuu  pnhliHhin^  it. 
.     .  ..nil  at  other  times,  that 
uiRwd  pounds,  nay,  fifty  thou - 
*  T  hv  sufficient  fur  brintpng' 
liat  he  would  ifurraut 


Ht 

ned  to  be  a 

!V>, 

numbers  of 

ir  for  hitn:'* 

fitfil  from 

nn    DdlonN  se- 

rs/  which  Kelly 

E"" 

Insii  Kofdiirs. 

¥ 

iL  Kelly  propo«ed 

1 

■  ■■*l  to  acute  in 

t»"' 

he    «aid    he 

ti'i  .  i;  .   . 

10  make  hitt 

IJ.-    A, 

\  tee  obierTe, 

ry  tin>^ 

was  iakcD 

»b. 

1.  -IV^ 

ifl|Mlt»onfMi  to  hihi  houif^  iuue  htj- 
■^flUlnt^ht  rHy  on  hi«  honesty" 


f  Ti  w  Inn  iVHllv  'iv.ni 

Op  •    of  writings  he 

lit''  :>t    to    Mr». 

ffc^  u-,,.,i    .i.  ;.^,.^  „.  hi«  lodgin|pi» 
i4|  that  tUiH  ^i^ynoc,  JoUo  E*lunkelt 


As  George  Kelly  iti  frptpietttly  designed  by  a 
great  variety  of  tittilious  names  in  the  tnler- 
cepted  correspondence^  the  couimittee  think  it 
proper  first  to  apprize  the  House,  what  reason 
there  is  to  assert  thai  those  nanieMdo  really  be- 
long to  Kelly,  and  then  to  shew  the  nature  attd 
import  of  the  correspondence  carried  oo  undex 
those  names. 

It  appears  to  yoar  commitlee,  that  since  tli^ 
bejjinninjf  of  April  17 '22,  (the  time  of  Kelly 'a 
last  return  from  Prance)  a  great  number  of 
letrerC  gotnjr  to  France  were  by  order  of  the 
government  opened,  and  copies  of  them  taken  ; 
and  that  several  of  those  letters,  thou^^h  signed 
by  diifcreni  uanies,  were  observed  by  thecTerka 
who  copied  them,  to  be  all  in  the  t.ame  hand- 
writintj  ;  and  one  of  the  orij'-inals  baring  been 
stopped  for  a  specimen  of  the  hand,  and  bavins 
been  Bhewn  to  John  Malone^  he  has  tlepoaea 
upon  oath  that  he  hud  ot\en  E;een  George  Kelly 
write,  and  that  he  believes  it  to  be  bis  baniT 
Three  oilier  paperi»i  seized  at  Mrs.  Barn«^*i, 
having-  been  shewn  to  Alnlone,  be  has  aworu 
them  seTerully  to  be  Krlly**  writinj^ ;  and  the 
srime  three  papers  having  been  abewn  to  the 
clerks  of  the  post-office,  they  have  sworn,  That 
to  the  best  of  iheir  knowledtfe  and  belief,  at  well 
the  original  letters  stopped,  as  the  oihei**  sent 
farward*,  which  were  signed,  tome  of  tliem 
Johnson,  otbent  Halfield,  J*  J.  G.  H.  and  \Vil- 
kins,  were  all  in  the  same  hand  with  thoi^e  three 
panerB  «o  attested. 

This  general  proof  fives  several  of  the  names 
to  belong  to  Kelly  ;  and  it  is  remarkabJe^  that 
if  any  one  of  ttte  names  above 'mentioned  be 
allowed  to  belong  to  Kelly,  all  the  ^est  by 
which  he  signs,  iu"  is  directed  to,  may,  by  the 
%eries  of  hi^  corretipoodence,  be  sltewn  to  belon|j^ 
to  the  same  person* 

Btityour  cotnmittee  farther  obser? e,  that  tl* 
most  every  individual  name  he  makes  use  of 
is  atiendetl  with  i^ome  particular  proof,  which 
determines  it  to  belong  Co  htin  ;  of  which  notice 
will  be  taken  as  (he  names  arc  mentioned. 

It  has  been  observed  already,  tliat  he  came 
ftom  Fiance  about  the  lOih  of  J>ecember,  N. 
8«  1751,  and  thui  a  letter  was  fonod  among 
the  Lishr>p*s  paper*!,  dated  the  16tb  of  Decem- 
ber, io  wluch  mention  is  made  of  a  letter  re- 
ceived by  Johnson,  and  an  answer  returtied 
tome  time  before  in  JohnRtm*i»  hand. 

Neyuoe  declared,  tliat  the  hist  memorial  (o 
the  regent,  which  Kelly  employed  him  to  draw 
up,  was  in  UecembiT,  17*2 !«  aud  that  tt  con- 
tained a  demand  of  f*t<e  thousnnd  men  for  the 
as^iMiance  of  the  conspirnlor*.  In  February 
following  Kelly  went  again  to  Frnoce,  and  to- 
wards the  end  of  April,  tiie  goveruuient  re* 
ceiviNl  unqoe^dtfliable  accounls,  that  repeated 
application  had  been  made  to  the  Tegeut  for 
ttuf  h  a  IkhW  of  forces. 

Viit  bishop  in  bin  '  '  -  -  '•■*  -  -^^  "'*- 
Kelly's  return  from  I 

receipt  of  a  letter, ami  .v..  .;  ,;., 

Mart,  by  Hatfield,  and  \}f  a  Icttc r  i \^' 


S95J 


9  GEORGE  I.  Proceedings  against  Bishop  Atierhuy,         [996 


tender  by  the  sando  band,  and  mentions  Hat- 
field as  kuowint^  his  present  unfitness  for  bu- 
siness. 

But  the  letters  signed  Hatfield,  which  were 
copied  at  the  post-office,  are  sworn  to  have 
beeu  in  lh«*  same  hand  ivitli  other  papers  which 
are  sworn  to  be  Kelly's  hand- writ! n(|f.  And  it 
appears  by  a  letter  from  Marr  to  Hatfield,  that 
he  was  the  person  to  whom  the  dog'  was  sent 
for  llliny^tou;  which  shews  Hatncld  to  be 
Kelly,  and  confirms  Neynoe^s  information,  that 
Kellv  received  letters  mrecte<l  by  the  name  of 
Untneld.  And  it  appears,  that  he  not  only 
brougcht  over  letters  from  France,  ag^reeably  to 
what  was  told  Mrs.  Levett  by  Mrs.  Barnes,  and 
confirmed  by  Neynoe ;  but  that  he  was  trusted 
with  a  letter  to  the  bishop  from  Jackson,  the 
name  made  use  of  for  the  Pretender  in  Plun- 
kett's  cypher;  which  cypher  it  is  evident 
Kelly  was  no  stranger  to,  since  he  makes  use 
of  several  other  names  (Lane,  Howe!,  Xoland, 
Cane,)  found  in  that  cypher,  to  denote  the  very 
same  persons  that  are  there  expressed  and  de- 
Hoed  by  those  names. 

On  the  2l8t  of  April,  Dillon's  secretary 
firitcs  to  Joshua  Vernon  (which  will  be  shewn 
to  be  another  of  Kelly's  names),  congratulating 
his  safe  return,  and  tells  him,  **  That  bis  first 
letter  was  very  uleasing  to  Mr.  Lane  (which 
IS  explained  lord  Marr,  in  PI unkett's  cypher), 
who  waited  wiih  much  impatience  for  those  of 
Monday,  hopinn^  to  receive  a  more  pariicubr 
account  of  bis  bills,  which  he  daily  becomes 
more  pressed  for ;  the  prospect  of  a  good  vint- 
age increasing  by  late  showers  which  liad 
dropped  there,  and  raised  the  spirit  of  the 
labourers.  He  adds,  that  it  seems  more  plain, 
that  on  advances  of  ready  money,  good  bar- 
gains may  be  proposed." 

He  afterwards  tells  him,  **  That  Dillon  ad- 
Tiscs  the  money  which  Kelly  mentioned  in 
Clynt- Ill's  hands,  should  be  equally  divide^l  be- 
tween Medley  and  the  Pretender."  Who 
Clyntun  is,  does  not  appear  to  the  committee  ; 
but  thry  see  reason  to  believe,  from  passages  in 
other  leUers,  that  Medley  means  the  late  duke 
of  Orniond. 

He  then  tells  Kellv,  ''  That  Farmer  and  fa- 
mily are  well,  and  that  Mrs.  Hughes  became 
80  very  uneasy  she  was  dismissed,  and  is  on  re- 
turn.''^ 

This  passage  shews  tiiat  Farmer  means  the 
Preti  uder,    it  being  well   known    that   Mrs. 
Hughes  was  nurse  to  the  Pretender's  child,  j 
and  was  on  her  return  to  England  about  this  | 
time.  I 

From  this  letter  your  committee  observe,  j 
that  Kelly  was  employed  by  Marr  and  Dillon, ' 
ID  soliciting  supplies  tor  the  service  of  the  con- 
tpiraturs ;  and  that  he  had  act^uainted  them  of 
a  sum  of  money  lodged  in  the  hands  of  0!)c,  j 
whom  they  call  Clynton,  which  they  advisetl 
should  be  equally  divided  between  the  Pretender 
and  Ormond.     Whether  Kelly  was  consider-  • 
able  enough  to  have  this  advice  sent  him  for 
his  own  goveniroent  and  direction,  or  was  only  ; 
to  be  the  cliaauel  for  conveying  it  to  some  other  j 


pNcrson  of  greater  distinction,  it  left  to  the  oao- 
siileration  of  the  House. 

On  the  33nl  of  Aurti  (as  hae  been  obiervcd 
above)  Kelly  sent  iiie  bishop's  packet  of  leir 
ters  under  cover  tt»  Crordon  at  Bouloifnep  wi^ 
orders  to  him  to  deliver  it  to  a  tall  black  mm, 
who  would  soon  call  on  him  for  it. 

This  person  is  in  other  letters  called  Cmr; 
and  appears  to  your  committee  hv  sevenl  eon- 
current  proofs,  to  be  James  Talbot^  an  liUi 
papist,  concerned  in  the  Preston  FebelUoo,  anA 
now  in  the  Spanish  service. 

Kelly,  in  his  examination  before  the  eon- 
mittee,  owned  his  beingr  iatimately  aoanainted 
with  this  Tullxtt,  and  bis  having  seen  uim  the 
morning  be  left  EngUind ;  and  a  letter  signed 
J.  Tully)t,  was  seized  among  Mrs.  Bamea's 
papers,  in  the  same  hand  with  a  letter  sent  from 
France  to  Kelly,  signed  J.  T.  which  is  an  an* 
swer  to  one  writ  by  Kelly  to  Crow* 

On  the  29th  of  April  Gordon  acknowledg^ 
the  receipt  of  a  packet  ^already  proved  to  Im, 
the  bishop's),  and  says,  he  dehvered  it  to  ttt     , 
gentleman  as  he  was  directed,  who  set  eatiir 
Paris  on  tlie  30lh  of  Ajjiril.    On  the  lot  of  Mt|t     . 
Dillon's  secretary  writes  to  Kelly,   *'  YeoK     ; 
fi  lend  Crow  is  arrived  safe,  and  delivered  iht    ^ 
three  books  you  gave  him,  ao  directed." 

On  the  3nd  of  May,  Dillon  himself  writso  le    ^ 
James  lUker  (which  will  be  shewn  to  be  aaO". 
therof  Kelly's  names)  and  sayo,  "  I  nw  je« 
acquaintance  Crow  two  days  as[o,  who  M) 
vered  me  a  present  from  my  cousin  Jooeo."    , 

And  on  the  same  day  Jameo  Talbot  writes  H 
Kelly,  *<  That  Mr.  Gordon  ^ave  bim  thepadtil 
at  Boulogne,  which  he  delivered  safe  on  Uon^ 
day  last,  as  directed."  He  adds,  '^  the  person  iff 
ceived  me  very  obligingly,  and  was  mocb  mon 
open  to  me  than  I  expected.  Then,  and  sinMb 
he  let  me  know  he  dioes  not  despair  of  doiof 
bis  business." 

On  the  7th  of  May,  Kelly  writes  to  DiAHH 
<^  That  Illington  was  glad  to  hear  be  had  ro* 
ceived  his  letters  by  Crow,  and  wished  bis  not 
might  be  more  to  Dillon's  satisfaction." 

From  these  i)assa;;es  it  appears  at  one  vie«| 
that  the  bishop's  letters  were  sent  by  Kelly  tl 
Boulogne,  by  the  post ;  and  thence  conve/M 
to  Dillon  at  Paris,  by  Talbot,  Kelly's  intiuial^ 
friend. 

Oa  the  24th  of  April,  Dil)on*8  secretaif 
writes  to  Kelly  a  long  account  of  one  Xulaal 
(Nicholas  VVogan)  who  was  to  command  one 01 
the  shi|is  that  was  to  be  hired  of  sume  Swedii^ 
merchants  at  Cadiz. 

This  agrees  with  Mr.  Craufurd's  letter  of  tbf 
25th  of  July,  N.  8.  1722,  in  which  he  sayig 
that  Nicholas  Wugan  was  to  have  the  coin* 
mandofone  of  theshii>s  under  Morgan,  sno 
of  which  having  Itecn  lately  taken  at  GenoOi 
the  commander  (as  your  committee  are  in* 
formed)  has  writ  over  hither,  that  she  wa^  bii«( 
of  some  8weilish  merchants  at  Cadiz,  withsi* 
veral  other  circumstances,  which  agree  entiri^ 
with  this  letter  to  Kelly,  and  shew  for  wh2 
use  those  Swedish  shi|»s  were  hired. 

In  the  same  letter  Dillon's  ■ecretaij  tita 


W  «i^ 


pthiriffor  a  Treasonable  Conspiracy,  A.  D,  17$JS, 


[398 


**  if 0m  ktridlY  Freeman  (the  Pretender) 

^B  K  p\\y  Bnfiwen  ihif  let- 

,  Ml4  MVK,  *»  I  w)^  Tmaysuc- 

I  hU  itHmiey . "     \\  i      ,  ti  i  ^r  com  pawd 
rti«  sent  sbout  that  limp  from 
lit  Romr,  tliiit  tlic  Prekndt-f  was 
ng-  to  eciib^k,  makes  it  moi«  than  jiro- 
Imi  be  is  th«  clni^f  to  h  horn  Ketl)/  vrlnhes 

y  tb«i  piT«^  an  account  of  t  f  ery  im- 

n  he  httti  with  one  Ilore. 

I  lore,  your  committee  will 

po«rtiTe!y  to  determine; 

^   et eml  pasBa|res  of  the  let- 

Puppcttm  to  them  hiji^hly  pro- 

tiV  Harry  Goringf ;  in  n  hieh 

I  the  more  con firn»ed  hy  Here's 

kl  fts  ill  of  tlie  jj''>nt  in  France, 

■^ejilf  mbcT :  and  Kelly  take^  uo- 

-t-book,  that  sir  H.Cj»  wtnt  to 

lu(^txst^  wliicb  was  the  day  be- 

bhnp  ivs»  1*1  ken  op. 

•  letter   Kelly  says,  "  Horc  is  most 

have  a  niore  satis  factory  account 

ant?  hf>^>ea  there  may  he  room 

ct   I  here  was  nine  remitted 

n,  fls  he  ti^Us  me,  ^end 

whit  h  with  the   12,000  arms 

^hy  ilAQstichrs  (OrmotHr»i)  relations 

*►  ire  '!    '  ?y  to  be  »i*nt  wherever 

fcod  i  >»  Willi  he  hopev«  hrin^j 

a  of  bearing,** 

nmittee  obsrrvejj,  that  thi^  impa- 

rHofP  fi*\\<  in    in   ru.int  of  lime,  wtth 

beoiinl  I  )  Layer,  Ihiit  lord 

I  soil  Gr  J  '  t^rintr,  I'^nl  8traf- 

mA  iilii«"y,  were  tr"i"S?  to  do  a  ra^h  thing 

l^or  of  the  Pretetirfer.    That  it  likewise 

IV  wHb  the  letter  to  l>ods\*orlh,  mentioned! 

k»lfwmrr  pfirt  of  the  ftenort;  where  it  is 

''pe«i(iven  byG,  to  expect  a 

V  N.    that  he  had   raised 

I   Kid  to  supply  1^1 0Tj2^a Of 

Niry  pn>»i*nuns;^'  part 

Dvitiijnfi  nripear  to  haie  Uven  the 


Clyiiton  and  company  have  aent  Malcolm  half 
nuiney,  wliicli  Hot**  aititl  he  had,  to  pay  for 
the  ban  els  which  Jactjli*  ha*  nt  hi*  tli§p*»»<rtl.** 

It  has  alrea<ly  been  »hewn  thnt  Alnkolm 
means  the  Pretender,  and  as  C'tynfon*jr  money, 
which  was  before  to  he  divided  l>etween  Or** 
mond  and  jHckaon,  H  noiv  to  he  Ren!  half  of  it 
to  Malcolm,  this  in  a  further  confirmation  that 
JackFon  means  the  Pretender ;  and  agfreea 
with  the  ititelli*rence  from  France,  of  sums 
sent  about  this  time  to  Orraond  and  the  Pre- 
tender. 

In  a  letter  to  Kelly  of  the  3d  of  May,  was 
inclosed  one  from  Dillon  to  J  em  is  on,  who  ap- 
i>ears  to  be  some  inlioiate  friend  of  John  Plun- 
kett's,  and  was  present  in  France,  wheo  the 
cyphers  were  settled  between  Dillon  and  Kelly  ; 
but  his  real  name  is  tindiscovered. 

In  this  letter  Dillon  acquaints  Jemison, 
**  That  Mrs.  Freeman  intends  to  brintr  her 
cause  to  a  trial  i^  soon  as  possible  ;  and  that 
he  behefes  Mr*  AWI'g  departure  will  be  no 
detnment  to  her  pretensions,"  This  passajre, 
compared  ^ith  other  letters,  shew^  I  hat  by 
Freeitisn  is  meant  the  Pretender,  and  Abel  his 
majesty  ;  and  confirtirs  the  destgrn  of  au  insur- 
rection at  the  be^inninfi  of  May. 

Dillon  then  desires  Jemiion,  »*  To  assure 
his  cousin  Holers  (John  Plunkett)  of  his  hev| 
re<?jT^rts,  and  how  much  lie  depends  on  her 
friend! t  and  kind  offices  in  his  (kmily  con- 
cerns, which  bafe  gtcat  need  of  so  good  assiat- 
ance," 

Plunkett  hein^enamineil  by  the  committee 
10  relation  to  this  letter,  denied  his  knowings 
any  such  person. 

On  the  7th  of  May,  Kelly  writes  (o  Dillon, 
acknowledsjinfir  I  he  receipt  of  the  leiter  fot 
JemiM^a,  mentions  a  long-  discourse  he  had 
with  one  whom  be  calls  Mr.  For,  who  resent- 
ed his  Muff  put  out  of  the  Pretender's  service 
by  Dillon  ;  hut  Ktlly  endeavoured  to  convince 
him  that  Dillon  had  no  hand  in  it,  and  laboured 
to  refrain  him.  Wl.o  Fox  is,  does  not  appear 
to  7our  committee. 

ketly 


then  lakes  tiotice,  «'  That  the  Pre- 

-.   .-    —        __..  .,_     fender*!?  favour  to  More,  &C.  hail  ifiven  g-real 

lenliouetl  in  Onnond'*  letter  of  I  offence  ;    rnd  ihat  Rofjers  (Plunkett)  hearioir 

pti),  in  Mr  Hianhope'g  the  ath  of  '  of  the  freed* im  which  ITore  and  some  of  hia 

partnrr^  took  with  him,  is  mueh  dinolilitfed  al 
it,  »tid  ordert'd  JeinisoH  to  tell  Dillon  so,^* 

Your  committee  ohserf  e  from  this  passage, 
thct  Plunkett  is  treated  a«  one  whom  it  was 
tlif^icht  of  conscfiiicnce  not  to  disoldijfe';  and  \ 
lli;J  Kelly  was  apprised  of  his  intimacy  with 
Dillon. 

Kelly  then  ^fet  an  siM*ouiKt  of  his  havTti^ 
calM  on  Mrs.  Medley's  (the  duchess  of  Or- 
mond>)  thaplain.     The  letter  which  desired  j 
.    ,      him  so  to  do,  was  directed  to  Jan u^i  fSaker  ;  f 
m  tccouiit  of  the  lute  duke  of  |  and  this,  in  which  he  ^ay^  he  ha*i  <i\\kd  upon  1 
expected    with    offtcera  Slid  l  the  chaplniu,  Is  aitrned  J.  J.  whieU  shews  th^ll 
I  James  Haker  is  the  ^\ue  with  J.J,  which  sp 
the  initial  \rv—    -'  'tunes  Ji.hnM.n. 

On  the  J  .  Kelly  tt  ^Ion*j 

secretary  Li,  ..,^;-i  «f  *^»*^  *^'  ni»d#| 

hy  the  {/overoineiit,  snd  the  eocamptneut  of  tk 


ain  in  thtt  leiter  of  Kell^  *h. 
"  That  he  hears  Ormond  con* 
\  Ibe  old  Ktring,  that  he  can  get 
Isai't,  I  wish  the  sending  over 
J%e,  cofitfiiisaiona  ro*^  not  do  luore  hurt 
load  ;  for  that  affair  ts  already  become 
errt,  and  may  pick  some  friends,  as  well 
"*winl>ers  ou  lh»'ir  g^uard.'* 

^  aheWK  thai  the  scheme  for  an 
at  al  thai  time  in  ftuch  forward- 
BMons  were  actutdly  >^fut  over 


PfMftlt 

Half.'  M^.    fi  »J   rvh,..,...  .f^rretary 

fKfV  y  have 

H|u;.--^L,         U-,   .,  h  -,,  .1.  for  the 

iftltml  10  hoy;  and  that  he  hopes 


999] 


9  GEORGE  I.  Proaedingt  against  Bishop  AfUrhuy^ 


king's  forces ;  bat  your  oommittee  observe  bis 
Msnraoces  of  success  were  so  stroni;,  that  in 
tbe  same  letter  he  si^s,  **  The  kinf  will  ^ 
abroad  next  month,  and  if  you  can  then  com* 
pass  barrels  enough,  the  sooner  the  wine  comes, 
I  believe  the  better." 

On  tbe  10th  of  May  be  was  taken  into  cus- 
iody ;  and  it  appears  to  your  committee  by  tbe 
deposition  of  one  of  the  messengers  who  seized 
him,  that  when  he  was  seized  he  offered  to 
draw  his  sword,  but  was  prerented.  That  tbe 
other  messenger  being  called  out  of  the  room  to 
rescue  one  of  their  companions,  who  was  in  dan- 
ger of  being  murdered  in  the  street,  Kelly  called 
to  the  people  of  the  house  to  lock  the  door ; 
and  seizing  his  sword,  which  had  been  laid  by 
in  the.  window,  drew  it,  and  made  a  iiass  at  the 
messenger,  who  verily  believes  he  did  it  with 
an  intention  to  murder  him  :  that  he  afterwards 
made  a  second  pass,  and  swore  if  he  came  in 
again  he  would  stal>  him ;  add  said,  that  if  the 
secretary  of  state  who  signed  the  warrant  had 
been  there,  he  would  have  done  tbe  same. 
That  the  messens^er  going  out  to  call  for  help, 
and  returning  within  a  minute,  was  told,  that 
Kelly  had  \\\  the  mean  time  burnt  one  of  the 
papers  seized  upon  him. 

Another  of  tbe  messengers  has  deposed,  that 
before  Kelly  offered  this  violence,  he  had  been 
shewn  by  the  messengers  the  scutcheons  or 
badgesof  their  office,  and  likewise  had  been 
.  t  shewn  their  warrant  signed  by  one  of  the  se- 
cretaries of  state :  that  the  warrant  was  also 
shewn  to  a  person  present  in  the  room,  who 
perused  it,  and  declared  to  Kelly,  that  it  was  a 
sufficient  authority  for  apprehending  him. 

Your  committee  think  it  unnecessary  to  make 
any  observation  on  a  behaviour,  whicli  implies 
bis  having  so  strong  a  sense  of  his  own  guilt, 
that  he  rather  chose  to  stand  ail  the  conse- 
quences of  resisting  and  assaultio«j^  hi^i  majes- 
ty's messenger  in  the  execution  of  his  office, 
than  to  let  his  papers  fall  into  the  hands  of  the 
government ;  feariue  (as  may  justly  be  con- 
cluded) that  such  a  iRscovery  might  prove  fatal 
to  himself  as  well  as  others. 

But  your  committee  6nd,  that  however  care- 
ful he  was  to  destroy  all  his  papers,  yet  one 
was  seized  upon  him  and  preserved,  which  is 
of  itself  sufficient  to  prove  him  concerned  in 
tbe  treasonable  correspondence  above  set  forth. 

It  was  a  list  of  directions,  in  the  following 
words : — "  To  Anthony  Saunders  esq.  or  Mr. 
Joshua  Vernon,  at  Will's  coffee-house,  Covent- 
Garden,  London.*'—"  To  Mr.  James  Baker, 
or  Arthur  Stephens,  esq.  at  Burton's  coffee 
house  in  King's-street,  near  St.  James's,  Lon- 
don." 

Bv  the  three  first  of  these  names,  most  of 
tlie  letters  to  him  alwve  mentioned  came  di- 
rected ;  and  your  committee  find,  that  a  |)erson 
having  been  employed  to  watch  at  Burton's 
coffee-house,  who  should  take  up  letters  di- 
rected to  Mr.  James  Baker  at  that  house,  has 
deposed  upon  oath,  that  on  the  14th  of  5Iay,  a 
letter  so  directed  being  left  there  by  tbe  post- 
maa,  George  Ktlly  came  ia  and  took  the 


same,  opened  and  read  it,  and  went  out 
house  with  a  letter  in  bis  pocket  \ 
Barnes's. 

It  appears  to  vonr  committee,  that  i 
was  examined  before  the  lords,  the 
Majr,  1723,  he  endeavoured  to  accoun 
receiving  letters  by  various  names,  by 
that  one  Mr.  Talfciot,  who  was  under 
and  who  went  for  Franee  or  Spain 
week  before,  had  desired  him  to  call  ai 
houses  for  letters  directed  to  the  said  T 
several  names ;  and  particularly  that  tl 
directed  to  Baker,  which  he  owned  he  1 
was  for  the  said  Talbot.  Yet  ^our  ooi 
observe,  that  the  said  Talbot  arrived  at  B 
on  the  25th  of  April,  and  did  himself  seoc 
from  Paris  to  Kelly  on  the  8d  of  May, 
J.  T.  directed  to  Mr.  James  Baker  at  I 
coffee-house  aforesaid;  and  letters  co 
to  be  sent  by  that  direction  fi-om  Paris, 
time  that  Kelly  was  taken  into  custody, 
Talbot  was  all  that  time  in  France. 

Kelly  being  examined  by  yowr  coi 
in  relation  to  these  Ietter8,j>ersi8ted  in  tl 
account,  that  they  were  for  Talbot,  a: 
the  occasion  of  Talbot's  going  abroad  wj 
Talbot  had  received  an  account  of  j 
Crofton's  being  dead,  and  of  his  having  1 
what  he  had.  Which  particular,  youi 
mittee  observe,  agrees  in  part  with  N 
account,  that  Kelly  had  shewn  him  a  h 
Burton's  coffee-house  from  Dillon's  ai 
secretary,  in  which  it  was  said,  that  tlie  i 
general  CroAon  would  be  a  great  loss  to 
field,  which  name  Kvlly  explained  to 
mean  the  late  duke  of  Ormoud. 

Kelly  farther  owned  t(i  your  com 
'*  That  lie  went  to  France  the  l>eginniiif 
winter  1721,  and  agnin  the  spring  thi! 
on  account  of  transactions  he  had  in  the 
there.  That  he  was  desire<l  by  a  brt 
the  lord  Dillon's  to  cary  over  to  general 
an  act  of  parliament  relating  to  the  es 
that  family,  but  that  this  was  the  onlji 
he  carried.  That  lie  saw  Christopbei 
cock,  who  is  a  captain  in  Dillon's  regime 
knew  sir  John  D'Obryan,  who  isDilh 
cretary,  and  had  likewise  seen  Colin  Ci 
of  Glenderoule  at  toffee- houses,  but  b 
ver  spoke  to  the  latter." 

Yet  your  committee  observe,  that  a 
letters  he  often  sends  services  ta  sir  Jo 
Christy,  he  does  also  to  Glin  and  Collins, 
last  name  is  explained  Genderoule  in  \ 
cypher  taken  among  Dennis  Kelly's 
And  when  he  was  examined  before  the 
he  owned  his  having  received  letters  fn 
Glasgow  at  Paris,  which  name  in  Plu 
cypher  is  expressed  by  the  fictitious  n 
llowell,  and  has  been  shewn  above  to  m< 
same  with  Quit- well,  Querry,  Booi 
and  other  names  which  belong  to  Dillo 
cretary,  and  are  subscribed  to  several  i 
able  letters  from  France. 

Kelly  denied  to  your  committee  his  li 
all  known  to  tbe  late  lord  Marr,  or  Ak 
Gordon  of  Boulogne  \  though  b*  owi 


md  cihers^for  a  Treasonabh  Ckmspiracy^  A.  D.  ITSS.  [402 

In  this  letter  to  Gerrard  be  says,  <•  That  h® 
was  bailed  tbe  Thureday  before,  and  that  th^ 
jad(|fe8  were  De?er  known  so  severe  in  any  case 
of  the  like  kind :  that  most  of  the  questions 
asked  him  at  his  examination  were  about  a  lit* 
tie  dog  which  he  fpot  from  a  snrgeon  when  he 
wasla&tin  France;  that  thev  mentioned  no 
persons  to  him  but  general  Dillon,  and  one  Mr. 


f  die  name  of  Johnson,  by  which  name 
sr  to  GordoQ  was  signed,  and  the  answer 
lerdoo  directeil:  and  the  letter  from 
IS  directed  to  Hatfield,  which  name  has 
ewo  to  mean  the  same  person  as  James 
I,  and  has  been  proved  by  other  circum- 
to  belong  to  Kelly. 
prned  his  writing  to  a  broken  banker  at 


a  fictitious  name  in  relation  to  stocks,  |  Morgan  :  that  to  the  first  he  owns  he  is  a  little 


he  had  forgot  the  name,  and  that  he 
ceiTed  a  letter  in  his  life  signed  by  a 
I  name. 

rour  committee  had  reason  to  I>e1ieve 
9  whole  tenoor  of  his  behavour  at  his 
itioD,  tliat  he  grosly  prevaricated  with 
lor  at  his  first  coming  in,  before  he 
oake  any  answer,  he  very  formally  in- 
lat  nothing  he  bliould  then  5?.y  should 
i  use  of  against  his  own  life,  nor  as  evi- 
gainst  any  other  person :  and  upon 
aditions  he  promised  to  answer  directly 
lestions  that  should  be  asked  him. 
committee  seeing  some  reason  from  the 
of  his  insisting  upon  these  conditions, 
re  that  he  was  disposed  to  act  inge- 
with  them,  ordered  him  to  withdraw, 
y  might  consider  amongst  themselves, 
it  was  in  their  |H>wer,  or  proper  for 
agree  to  conditions  which  would  have 
is  examination  of  no  effect;  and  upon 
g  oalled  in  again,  and  receiving  such 
as  the  committee  thought  it  in  their 
to  gire,  he  denied  his  knowing  uny 
all  of  the  conspiracy.  This  your  cnm- 
ipprehend  to  bo  altogether  inronsistent 
e  conditions  he  insisted  on,  which  ma- 
implied  that  a  confession  of  all  he  knew 
endanger  his  dwu  life,  as  well  as  effect 
nraons.  But  in  the  course  of  his  exa- 
n  he  owned  to  them,  that  the  promise 
id  given  him  was  not  sutisfnclory, 
,as  he  pretrndeil,  he  could  not  have  an- 
Iheir  questions  in  any  other  manner,  if 
i  had  come  up  to  the  conditions  he 


eommittee  observe,  that  Reily  was  ad- 
D  bail  from  his  first  confinement  about 
Srth  of  June  last,  and  tiiCy  conceive  it  to 
at  aggravation  of  his  guilt,  that  he  im- 
ly  took  adiaiitage  oi'  (IiIk  enliir^emrut 
ne  the  same  treaKODaliic  corrcspon- 
and  to  send  triuniphunt  accounts  to 
of  bin  hating  bafHed  the  government 
bardened  obstinary  of  his  behaviour ; 
iaipruving,  as  far  as  in  him  la^',  the 

ranted  him  by  the  favour  and  uidul- 
tbe  laws,  to  the  subvei-sion  (»f  our 
BMWtilutiun.  For  on  the  1 1th  of  June, 
M)r  few  days  after  his  being  out  on 
I  tent  a  long  letter  to  (lerrard,  (whom 
ioulteebelieveto  besir  John  D'Obr^au, 
bna  already  observed)  in  which,  the 
I  ft^idin  tlie  matter,  lie  2:1; es  an  ac- 
rUi  •owiin's  late  misfortune,  as  from  a 
Wtmi  but  in  asubseipient  letter  to  Dil- 
raf  JhW|  be  owns  the  writing  this 


Z?L 


known,  having  carried  over  an  act  of  parlia- 
ment to  him  that  concerned  his  family,  but 
that  the  latter  he  never  saw :  that  lord  Carteret 
had  a  list  of  five  or  six  cant  names,  as  he  called 
them,  which  were,  lllington,  Jones,  Howell, 
Quitwell  and  Hacket,  and  what  be  never 
heard  of  before ;  that  however  they  would  per- 
suade him  he  knew  some  persons  that  were 
meant  by  those  names,  which  he  vows  he  ne*' 
ver  did ;  and  whosoever  lllington  is,  be  was 
the  person  principally  struck  at.  That  he  is 
not  at  all  satisfied  with  tbe  behavionr  of  his 
friends:  that  Gerrard*s  old  friend  Rig  indeed 
offered  all  that  could  be  expected  of  the  poor 
man ;  but  others  in  whose  \wwer  it  was  to 
do  mt»re  shewed  no  concern  at  all  for  bis  mis« 
fortune.  That  he  lay  ten  days  in  the  closest 
confinement,  without  so  much  as  a  message 
from  any  of  those  be  depended  most  ujfon  ; 
thut  it  is  well  he  had  no  secrets  to  reveal,  since 
such  usage  might  provoke  a  passionate  man, 
and  that  the  world  is  pretty  well  convinced 
that  he  had  nut,  since  no  ppr.sons  seemed  to  be 
the  least  apprehensire  thut  he  could  do  them 
any  mischief. 

"  That  this  shews  what  the  friendship  of 
I  some  people  is ;  but  whilst  there  is  one 
!  righteous  person,  wc  must,  for  his  sake,  over* 
look  greater  misfortunes. 

**  That  he  is  very  well,  ami  under  no  great 
concern  for  any  thing  as  to  himself  hut  the  ex- 
pcnee,  having  more  than  his  own  to  answer.'' 

He  concludes,  with  desiring  Gerrard  to 
direi-t  under  cover  to  Mr.  Andrews, at  the  Dog 
and  Duck  iu  St.  James's- street. 

Your  committee  fiml,  that  af\er  this  time  se* 
veral  letters  did  come  from  France,  directed  to 
Mr.  Andrews  at  the  -Dog  and  Duck,  and  that 
the  master  of  that  house  having  l)eai  examined, 
has  deiiosed  on  oath,  *'  That  one  Andrews  or- 
dered him  to  take  in  letters  that  should  come 
by  the  foreign  |M)>t  so  directed,  and  that  three 
of  those  letters  were  directed  -to  the  Dog  and 
Duck  in  King-street,  by  mistake ;  hut  were 
afterward  brought  to  his  house  in  8t.  James's- 
street,  and  taken  up  by  Andrews,  who  happen« 
etl  to  be  there  when  they  came  in." 

It  ajiiiears  farther  to  your  committee,  that 
the  said  Andrews  having  been  examined,  has 
deposed  on  oath,  '*  That  Mr.  Johnson  alias 
Kelly  desireil  him  to  take  in  some  letters  di- 
rected to  him,  Andrews,  at  the  D(»g  and  Duck 
I  ale-house  in  8t.  James's-street ;  that  he  re« 
c«:iv(.(i  in  the  whole  four  or  five,  in  the  months 
of  July ,  Auirust  and  September  last,  to  the  best 
of  his' remembrance ;  that  they  appeared  by 
the  chargfe  of  postage  to  be  foreign  letters,  and 
that  he  delivered  them  un- opened  to  the  said 

9D 


403] 


9&E0RGEL  Proceedings  against  Bishop  AHeriwy^         [404 


Jolinmm  alias  Kelly,  who  paid  him  the  poaUge ; 
that  he,  Aiiilrews,  knew  nothing  of  the  con- 
tents, nor  ever  returned  any  answer  to  them." 

On  the  18th  of  June,  Kelly  writes  to  Crow 
(James  Talbot)  (fivin^  him  an  account  of  hit 
late  misfortune,  and  the  reasons  of  bis  silence, 
and  mentionini^  his  design  of  going  over  into 
France,  as  soon  as  his  appearance  in  West- 
minster-hall should  he  over. 

*'  He  then  sends  his  8er?ice  to  alt  friends, 
particularly  to  sir  John  and  Christy  (sir  John 
D'Obryan  and  Christopher  Glascock,)  and  de- 
sires Talbot  to  tell  the  latter  he  must  find  out 
some  other  address  for  him  to  write  by,  since 
he  h&s  good  reasons  for  not  using  the  former, 
which  have  prevented  him  from  writing  to  him 
these  ten  tiays  past,  and  that  if  it  were  to  a 
French  person,  it  would  be  so  much  the 
hotter." 

^  Your  comniittee  observe,  that  soon  after  a 
French  direction  to  monsieur  Maisonneuve  was 
sent  over  to  Kelly  by  Christopher  Glascock, 
which  Kelly  made  use  of  for  some  time,  and 
the  original  letter  in  Kelly's  hand  stopt  at  the 
])ost- office  is  so  directed.  They  likewise  ob- 
serve the  reasons  which  Kelly  says  he  had,  not 
to  make  use  of  the  old  dirccliuns,  appear  evi- 
dently to  have  been,  that  he  was  questioned  lie- 
fore  the  lords  on  the  names  of  Howell  and  Quit- 
well,  which  were  the  names  made  use  of  for 
Glascock. 

He  concludes  his  letter  to  CnAv,  with  desir- 
ing him  to  direct  to  him  by  the  name  of  Wil- 
kius  at  Will's  coffeehouse ;  and  your  commit- 
tee observe,  that  not  long  afler,  a  letter  came 
signe<l,  J.  T.  and  so  directed  ;  which  was  stopt, 
and  is  in  the  same  hand  with  the  letter  signed 
J.  Talbot,  seized  at  Mrs.  Barnes's ;  which  con- 
firms Talbot  to  be  Crow. 

In  this  letter  to  Crow  was  enclosed  one  from 
Kelly  to  Dillon  by  the  name  of  Dixwell ;  the 
substance  of  which  has  been  partly  set  forth  in 
that  part  of  the  Report  which  relates  to  the 
bishop  of  Uorhcster.  In  this  letter,  *'  He  de- 
sires to  be  excused  from  meddling  in  business 
for  some  time ;  but  says  it  does  not  proceed 
from  any  change  of  opinion,  or  resentment  of 
the  little  concern  that  has  been  shewn  him ; 
but  fr(»ni  a  conviction,  that  without  changing 
lN»th  their  method  and  their  people  it  wiU  be 
impossible  to  make  any  thing  of  it." 

Kelly  adds  in  Jiis  letter :  '*  Your  correspon- 
douts  at  Will's  and  Burton's  are  gone,  and  de- 
sire you  RMiy  write  no  more  that  way  ;  and 
when  you  do  me  that  favour,  please  to  address 
tinder  cover  to  Mr.  David  Wilkins  at  Will's 
coffee-house,  Covent  Garden,  and  not  to  An- 
drews, as  I  desired." 

This  passage  confirms  the  list  of  directions 
to  Will's  and  Burton's  found  in  Kelly's  pocket ; 
and  shews  that  the  letters  to  Wilkius,  as  well 
an  Andrews,  were  for  Kelly,  though,  as  is  be- 
fore observed,  *'  He  deniifd  the  having  ever  re- 
ceived any  letter  under  a  fictitious  name." 

On  the* 28th  of  June,  James  Talbot  writes  to 
Kelly,  <*  Congratulating  him  on  his  enlarge- 
MOtt  and  bt'havwufi  and  expseniog  his  sur- 


prize, that  he  should  at  such  a  ^anctmne  have 
reason  to  complain  of  want  of  Tneods." 

On  the  same  dav  Glascock  writes  to  Iretoa 
under  cover  to  Andrews ;  and  as  Andrews  de- 
livered these  letters  unopened  to  Kelly,  this 
shews  that  Irvton  is  another  name  for  Kelt  v,  of 
which  the  matter  of  the  letters  furnishes  am- 
dant  proof. 

In  this  letter  Ghucock  takes  Dotice,  thit 
Kelly's  letter  to  Cbitwood  came  safe.  TUs 
refers  to  Kelly's  letter  of  the  18th  to  Dizwdl, 
and  shews  Chitwood  to  be  another  naow  for 
Dillon. 

'*  That  what  he  had  recommended  m  reh- 
tion  to  the  new  book  of  accounts  would  be  ob- 
served, and  that  Forrester  had  the  sanse  advice 
Siven  to  him  and  Ormond."  W  ho  Forrester  is 
oes  not  appear  to  the  committee,  but  as  be  ia 
mentioned  here  with  the  late  duke  of  Ormoady 
he  is  probably  the  person  who  wrote  the  letlen 
to  Dumville  and  Dodsworth  above-mentioiied. 

Glascock  then  tells  him,  '«Tbat  Ormond 
had  expressed  much  concern  for  what  had  bt- 
fallen  Kelly.  He  afterwards  desires  the  pir* 
ticularsof  his  case,  and  to  know  what  is  wartp 
ing  for  paying  off  the  doctor's  and  apotbecai7*tt 
bills,  acknowtedges  the  receipt  of  a  letter  fraoi 
IWers,  and  enquires  afler  Jemison." 

On  the  28th  of  June,  Kelly  writes  to  TaUMt, 
"  Of  the  neglect  that  bad  been  sliewn  himyand 
the  reasons  that  he  had  to  decline  any  farther 
traffic  with  the  merchants  here ;  he  says,  if 
Talbot  perceives  no  likelihood  of  a  sudden 
change  for  the  better,  he  must  retire  to  aome 
cheap  part  of  the  country,  if  Dillon  allows  of 
it;  expresses  his  great  obligations  to  DilloDp 
and  his  readiness  to  execute  any  private  com- 
mands of  his ;"  and  adds,  (what  appears  to 
your  committee  very  remarkable)  "  If  I  were 
m  a  condition  to  bear  the  weight  of  public  busi- 
ness, Dillon  should  never  be  at  the  trouble  to 
employ  another,  but  tliat  he  is  heartily  sony 
Dillon  himself  has  done  it  so  long  for  uograte- 
fnl  people  on  this  side ;  says,  he  never  intesd- 
ed  to  trouble  h'ls  friends  on  this  side  on  his  ow» 
private  account,  but  public  ones  of  this  naturs 
are  what  he  thinks  they  ought  to  take  care  of, 
since  they  are  best  able  to  do  it,  and  expect 
the  best  returns  for  it." 

Your  committee  observe  from  passages,  thil 
though  Kelly  would  have  it  believed  he  only 
corresponded  with  persons  in  France  on  private 
afiairs,  relating  to  the  slocks,  yet  he  here  ownf 
in  effect,  that  he  had  Ijeen  trusted  with  affiuif 
of  a  public  nature,  and  that  those  transaetiotf  ' 
having  brought  on  him  the  displeasure  of  tht  ' 
government,  it  was  reasonable  tor  him  to  bopt  '^ 
tor  support  from  those  in  England,  who  ex- 
pected the  best  returns  from  his  and  DiUoo^ 
joint  labours. 

Your  committee  farther  observe,  that  tUl 
letter  was  directed  to  C'row,  and  yet  in  it  «#  - 
enclosed  one  firum  Ireland,  relating  to  faaii^ 
affairs,  directed  to  James  Talbot,  esq.  • 

On  the  4th  of  July,  Glascock  writes  to  Kd^f 
**  That  Dillon  intended  to  have  sent  him  a  »• 
ter  of  credit  by  the  post,  drawn  on  Mr.  Hairclii^* 


f  otherSf/or  a  Treasonable  Cmspiraci/,  A,  D.  1723*  [406 


t  il  buck  till  he  heard  from  him,  for  fear, 

il  into  the  country,  or  by  any  other 

at,  it  dioufd  be  bst.'^ 

I  tbe  1  itb  of  July,  Glascock  repeals  the 

m1  hia  8y«pieioQ  that  the  letters  to  Ad- 

1  miscarried.     Then  acq  u  at  tits  Kelly 

I  expressions  Ihsit  he  had  seen  from 

eriMii  and  Mrs.  Malcolm  (the   Pre- 

ad  his  spouse)  io  relation  toUawksby's 

iliun  in  his  late  violent  d isle m per. 

committee  observe  from  uhiit  tollows 

er,  thatf  ibough  in  Plunkett's  cypher 

stands  for  kinjf  George,  yet  in  the 

r*s  cypher  it  stands  for  George  with- 

'  addition,  and  appears  for  that  reason 

de  itue  of  to  denote  George  Kelly  in 

ee.     Be  that  as  it  will,  ii  is  erident 

at  folio ffs,  that  Kelly  is  the  person  here 

^Pretender's  words  mentioiied  in  tbii  let* 
|«a  fotlon's: 

awksby's  steady  and  resolute  behaviour 
i  fim  operdtioD,  answers  the  t^ood  opinion 
ftre  long'  had  of  hitn  ;  I  am  fully  persuailed, 
1  all  the  surgeons  will  do  bt^reufter  shall  not 
I  able  to  alter  his  tentper,  and  1  hope  he  ^*'ill 
s  off  with  patience  and  a  short  confinement, 
f  ivhich  his  health  will  become  more  perfect 
id  satisfactory  to  his  friends." 
L  Glascock  then  adds,  "Mrs.  Maleoiro  (the 
dcr'a  spouse)  in  her  short  way  of  expres- 
I  says,  1  am  truly  glad  that  honest  Hawks- 
f  is  recovered,  lor  i  lake  him  to  be  a  ?ery  va- 

Ttieo  he  «nys,  **  I  know  these  compliments 

•ill  be  comfortable  to  a  sick  person  from  his 

fnenda,  for  which  reason  I  trouble  you  witli 

tkeoif  at  a  proof  of  my  attention  towards  one  1 

|iy>iowcll*' 

Tb«e  last  words  shew,  thai  this  comfort  was 
"for  Kelly,  to  support  him  under  his 
»le,  which  is  disguii»ed  under  the  notion  of 
and  your  committee  think  it  unne- 
^  tor  theai  to  make  any  observation  on  a 
t,  which  shews  so  plainly  for  whose  sake 
t  WBx  understood  be  had  brought  this  trouble 
1  bimJkrtf 

GUsoock  neit  tells  hire,    **  That  as  he  is 

Qpon  regubtiog  his  new  book  of  accounts,  he 

liiould  MS  glad  t'«  know  whether  Kellj  nod  Je- 

^  Mtm  bad  those  by  theui  they  and  Glascock 

1  together.** 

t  shews  that  Kelly *s  joumies  into  France 

Dt  wholly  on  private  affairs,  and  confirrns 

;^i  account  of  his  having  seen  cyphers 

Celly^s  hands,  and  is  again  confirmed  by 

fr cypher  found  among  Dennis  Ktlly's  papers, 

I  is  in  George  Kelly^s  hand-writing. 

acock  then  sends  him  tbe  French  direc- 

!  had  desired. 

be  17th  of  July,  Glascock  writes  again 

J,  to  let  bim  kuow  why  the  bill  waj;  not 

id  to  desire  a  sure  address.     He  like- 

titioDS  Kelly  not  to  draw  any  more  on 

00  measieors  Chitwood  and  Du- 


GlaM 


ob^ 


i  il  Mr.  Hu 


banker, 


about  the  time  that  Mr,  Crauford  made  the  dii 
cuvery  above  related  about  the  uame  of  Dig  by  %{ 
and  thm  for  some  tinre  utter,  Kelly  directs  hit 
lettem  for  Uillou  to  Duplessis,  till  a  new  cy« 
pher,  nhich  he,  Kelly,  scut  over  afterwards^ 
cskme  to  be  made  use  of. 

On  the  19th  of  July,  Kelly  writes  to 
cock,  that  Mr.  Andrews  received  the  sever 
letters  from  Glascock  all  together ;  which  ^ 
orcastoned  by  a  mistake  iu  ilirectiug  them 
King-stieet,  instead  of  St  Jameses;  which 
agrceti  with  Andrews's  deposition  above-mea*^ 
tiooed. 

Me  then  ^*  returns  thanks  for  the  letter  I 
credit  intended  him,  and  says  it  will  come  i 
either  to  Mr,  Wdkins  at  Wiirs  coHee-hou^e, 
to  Mr.  Andrews  at  the  Dog  and  Duck/'  This 
compared  witli  Audrews^s  deposition^  she^ 
that  the  bill  was  for  Kelty  hitiii^elf:  wliich  <  " 
serration  the  committee  think  it  proper 
inake,  because,  when  he  was  exnruiued  befor 
them  in  relation  to  the  letters  directett  to  An* 
drews,  tliough  nothing  v^as  said  to  him  uboul 
the  said  bill,  he  immediately  endeav<mved  to 
explain  away  that  matter  by  ihe  foUoHtug  pre- 
varication. 

tie  said,  *^  He  had  been  desired  by  one  Mrs. 
Oxburgh  in  the  city,  daughter  to  him  who  waa 
executed,  to  receive  some  letters  for  her  from 
abroad  ;  and  that  he  did  not  kuow  but  he  might 
employ  one  Andrews,  or  some  other  friend  to 
take  np  such  letters.  That  he  had  likewise  re- 
ceived some  money  on  a  bill  for  the  said  Mr 
Oxburgh,  of  a  little  man,  a  hankiT  ai  Loth^ 
bury,  orsomeuhere  behind  the  Exchange,  und 
that  he  had  endorsed  the  bill  with  hts  owu 
hand." 

Vonr  committee  observe,  that  this  last  cir- 
cumstance makes  it  probable  the  bill  wtiii  for 
htraself,  since  his  eodoisemfut  on  a  loreign  bill 
(which  is  not  usually  uiade  iiayalile  to  the 
bearer)  would  not  have  entitled  huu  to  have  re- 
ceived the  money,  nor  have  btten  a  suthcient 
discharge,  isxcept  tbe  bill  had  been  made  pay- 
able to  him. 

They  likewise  observe,  that  Mr.  Martia 
Harold,  on  wboui  the  bill  was  drawn,  whotn 
Kelly  avoided  to  name,  does  live  l^ehiml  the 
Kxctange,  (hough  not  in  Lothbury  ;  and  ia 
Giuscock's  letter  of  the  24th  of  July,  Kflly  is 
particularly  directed  to  endrtrtie  the  bill  oit 
Harold  wit)i  bis  own  name.  Your  committee 
submit  it  to  the  cojtsideration  of  the  fiouiie, 
whether  it  in  not  evident  from  these  circum- 
stances,  that  Kelly  received  the  sMid  money  for 
his  own  u»e,  as  a  reward  for  lu^  sutfL-rin^si,  and 
an  encouragement  to  persist  in  hit*  ubslnincy . 

Ou  the  '23d  of  July  Kelly  writes  to  Tadlmf, 
^^  That  thiii  bill  and  the  hopes  of  success  lo  an- 
other particular,  when  the  term  i»  over,  mokes 
him  n  httle  easy. 

^^  That  as  to  what  they  bad  so  olWn  talked 
about,  he  did  not  know  what  to  say  to  it,  and 
that  Ni«hola£  Wogan^s  return  auve  him  the 
less  hopes  of  it;  but  that  he  heard  the  tieatiti' 
determined  on  some- 


ISqu 


ainly 


Ymir  oonuoittce  obserret  thai  this  was  i  thing  \  bat  whtOi  and  m  what  manner,  if  ith»i 


407] 


9  GEORGE  I.  Proaedingi  agaimt  Bishcp  AtHrhmf^         [40E 


he  knows  nothing  of."  Who  it  mtentby  the 
'  beautiful  squire,'  the  coDimiltce  cannot  take 
upon  tbpin  to  deleriniue ;  but  tliey  obser? e,  tliis 
letter  was  writ  the  day  alter  Layer's  return  by 
Eppinigr  from  Norfolk,  at  which  time  he  told 
Plunkett,  <« That  the  Pretender's  friends  would 
run  down  the  ministry  and  king  George  iu  a 
little  time,  and  bring  the  law- suit  to  bear  on 
their  ou  n  bottnui,  independent  of  the  regent, 
or  any  body  else ;"  as  is  related  in  Plunkett's 
letter  of  the  same  date  with  this  of  Kelly's. 

On  the  3nd  of  August,  Kelly  writes  to 
Glascock,  •*  That  he  had  receiired  the  bill. 
That  his  letter  of  licence  is  not  out  till  the  end  of 
October,  and  that  his  creditors  threaten  then  to 
shew  him  no  mercy:  |n  the  mean  time  he 
must  lioue  the  best,  and  wish  that  some  good 
turn  of  fortune  may  enable  him  to  do  them 
justice." 

He  adds,  **  That  he  expected  to  have  sent 
the  suite  of  their  accounts  before  now,  but  that 
the  gentleman  who  was  to  carry  them,  met 
with  an  accident  the  other  night,  which  pre- 
vented him  ;  therefore  he  cannot  do  it  till  he 
recovers,  or  some  other  opportunity  offers:" 
Then  sends  a  long  account  of  Dennis  Kelly's 
beuig  taken  up. 

On  the  6th  of  August  he  sends  the  same  ac- 
oount  to  Dilk>n,  and  meutious  the  great  terror 
the  guards  are  under  from  informers ;  which 
intelligence  ^  your  committee  oWnre,  was 
thought  considerable  enoui^h  to  make  an  article 
in  the  Pretender's  late  declaration. 

On  the  same  day  he  sends  Glsscock  an  ac- 
count of  Sample's,  Cotton's,  and  one  Campbell's 
being  taken  up ;  ««  That  there  were  reports  of 
one  sir  Harry  Goriiig's  being  taken,  and  of 
forces  being  sent  for  the  lord  North  and  Grey, 
lord  Straffunl,  and  other  persons  of  quality ; 
but  that  he  finds  there  is  no'truth  in  theui,  and 
is  told  that  the  two  last  are  come  to  town.  He 
then  desires  to  know  Dillon's  private  thoughts 
from  whence  the  ill  report  of  his  cousin's  oir- 
comstances  comes,  which  has  occasioned  this 
severity  from  his  creditors,  and  says,  he  hopes 
soon  to  send  the  state  of  tiieir  accounts,  which 
has  hitherto  been  delayed  for  want  of  a  proper 
hand." 

On  the  9th  of  August,  Kelly  writes  to  Glas- 
cock, «*  That  Den  is  come  to  town,  and  be- 
haves like  a  friedd ;  but  that  Kep  is  still  in  the 
country,  and  so  is  Ho ;  and  that  tlte  latter  had 
earnestlv  desired  Kellv  to  go  to  him  fur  a  few 
days,  which  hn  had  hopes  of  doing ;  but  in- 
tended to  make  but  a  short  stay." 

Your  committee  see  reason  to  believe,  that 
by  *  Ho'  is  meant  Hore;  and  thev  find  an 
entry  in  Kelly's  pocket-book  of  liis  having 
been  at  Aire.  U.'s  and  another  entry  in  these 

word;  «'To  enquire  for  Mr. at  Mr.  VVil- 

liam  Baysing'H  at  Horn-dean/'  which  is  a 
house  much  frvquentcd  by  sir  Harry  Goring, 
as  appears  by  a  deposition'annezed  to  this  Re- 
port. 

Who  are  meant  by  Den  and  Rep  yonroom- 
nitlae  will  not  taka  upon  Uiem  to  determine, 
tfaongh  ihey  think  Ihit  letter  oovpeiel  with 


that  writ  three  days  before,  may  lead  to  ft  die 
oovery  of  the  persons  meant 

Ou  the  13th  of  August,  Kelly  writca  egaii 
to  Glascock,  «•  That  he  utenda  to  viait  H 
who  being*  at  a  pretty  good  distance  in  thi 
country,  he  cannot  return  under  four  or  flT> 
days."  Which  agrees  with  the  circuniitaeo 
of  his  going  down  as  far  as  Hom-dean  imm 
Petersfield. 

He  afterwards  adds  a  very  remarkable  f^ 
ragraph  in  these  words :  *'  What  would  toi 
advise  poor  Trotter  to  do,  be  is  ready  to  tafce  i 
voyage  any  where,  and  is,  you  know,  an  hones 
and  fit  person  for  that  business;  he  has  wrot 
verv  earnestly  to  me  for  my  advice,  which 
told  him  I  could  not  give  till  I  heard  froii 
you." 

Your  committee  think  it  their  duty  to  c 
to  the  House,  that  in  the  cypher  fouud 
Dennis  Kelly's  papers,  in  George  Kelly's  oir 
hand-writing.  Trotter  is  one  of  the  fictitiOQ 
names  set  over  against  the  name  of  Carte,  en 
tliat  on  the  day  this  letter  was  writ,  his  ma 
jesty  had  issued  his  royal  proclamation  for  iff 
prehendinir  the  said  Carte,  against  whom  iti 
there  set  forth  a  warrant  had  been  issued  b^ 
one  of  the  secretaries  of  stale  for  treaaonabt 
practices,  and  that  he  bad  absconded  and  fle 
from  justice. 

Yet  it  appears  from  this  letter,  that  Geeig 
Kelly,  far  from  discovering  where  the  lai 
Carte  was  concealed,  was  desirous  to  promot 
his  escape,  by  getting  him  invited  to  undertak 
a  voyage  into  foreign  parts ;  and  that  notwitfa 
standing  tiie  treasonable  practices  alledgc 
against  him,  he  here  gives  him  the  testiinooii 
of  an  honest  man,  owns  his  having  had  com 
munication  uith  him  by  letter  after  the  time  ( 
his  escape,  sollicited  Gla-^cock  in  his  favom 
and  undertakes  to  aid  and  assist  the  said  Cart 
with  his  advice,  as  soon  as  ha  should  hare  a 
answer  from  Glascock. 

On!tbe  13th  of  August,  Glascock  writes  agai 
to  Kelly,  in  relation  to  the  bill  on  HaroUl,  an 
mentions  his  expecting  the  gentleman  soon  thi 
was  to  clear  accounts. 

He  afterwards  tells  Kelly,  •*  That  Mn 
Musgrave  had  received  advice  from  her  fathei 
that  she  is  not  to  expect  a  farthing  of  tlie  aj 
lowance  due  to  her  for  the  time  past,  ort 
come,  which  Allen  had  procured  a  seizure  ol 
on  account  of  her  husband's  debts  and  miama 
nagement." 

Your  committee,  from  comparing  this  letii 
with  others,  whe-re  Musgrave  is  mentionei 
and  from  observing  the  date,  see  reason  to  bi 
lieve,  that  this  passage  rehttes  to  the  stoppoj 
a  i>ension,  which  the  committee  are  informed 
by  his  majesty's  smgular  bounty  and  indoi 
gence,  and  upon  application  from  the  late  loi 
Marr,  and  promise  of  ser%  ices,  was  allowed  I 
him ;  and  they  cannot  reflect,  without  indk 
nation  and  astonishment,  ou  the  black  mfpm 
tude  of  persons,  who,  while  they  were  m  \ 
great  measure  aubaisted  by  his  i 
cxampled  liberality, 
moit  wicked  ipd  umu 


maiesty^jHl 
isere'  labourieg',  W  Ik 


ptactiertj  i 


mmi  Mitritfir  a  TrMSonabU  Cmnfitac^*  A.  D.  1723. 


}  iijoi  <pf  iilft  crowD,  uid  to  destroy  bis 

>  :r'I»  of  August,  Gltt*M:»»dt  writes 

aiiit  amotii^  iMhtr  itiiii^  SAVA, 
-  li»  i«  4*»tiirifitJ^  to  |jfci  at  Bjiikerfiir  «  relief 
■  frr^or  «f  Farmer's  (ike  Prcii?iifler*B)  cliil- 
^itti  is  aiM^  Umr  wlep-lklher  sHould  preii^tid 
liinirtirv  ibeiti  of  Oieir  liue/'  It  upf^ears  by 
IMWr  l9lf4^,  Barker  iuean«i  some  consiflerabfe 

Bin  Fr»m?«  ;  but  what  thiu  pupilage  par- 
j  refaiies  %o^  your  ^cornniiitt^  cannot 
vi^MTUioty  «ktemitii«.  However  tbey  lia? e 
ia^  k  ibinr  duty  to  lay  Uii^  and  otiiei-  ob- 
mm  ipasttgt?  hrfbr<  the  Uousr,  thiit  it  may 
h  §mm  ttow  fiJUcli  it  is  in  the  power  of  per- 
wm  BMT  bn  eiivtody  to  dtscovur;  urid  of  what 
^i^«ft#fka«  It  in  to  the  safety  of  hm  raajenty's 
pwu  111*1111 1,  Ihiit  unch  diacotery  should  be  re* 
fpsd  *t  iheii  bmds. 
OqIIw  SCMb  of  AogtMl,  tbre«  days  before 
Iwv  ^  Roohcsier  wih  mk^ii  itito  cus- 
l«by  WTit«  to  Gtoscock  (the  original  of 
^  is  stopped,  and  sworn  fo  be  hh 
Ittd-wriltii^;)  ^niiMnv-  *' >>iiir  cousins  Ire* 
l«iad  Wiliiru^  >  into  the  cnun- 

Irj,  aiKd  f»rr»c#li ,       „  ut  of  you  not  to 

wrm  %a  tliem  any  more,  tor  which  you  will 
_IMs  Icniiir  th(?  rra^Miiirt/* 
;^€li  lli«  30tU  of  Au^imt  he  writes  to  Dillon  ; 
IslWre^vbfr  s  fery  Inn^^  afid  particular  ac- 
t  wf  aM    the  ctrcumstttnces  of  the  bishop'i 
,  M*»f  l^lrc^  op,  ejtaminrd^  aod  committed  to 
be  says,  *  Vou  nre  by  thissttiafiwl 
s(Mis  of  my    lute   silence."     Your 
nitre  olisrr^        '        itiese  passages  shew 
icctkiit  <  V  thoug^ht  there  was 

theliishiip  isuu  nunnrlf 
Iblbe  same  kiter  of  the  20th  of  August 
kivtttie  of.^  rr..  '^tioiher  Tery  reinarki- 
•xys,  that  heiseoin^ 
OoiMiirx  ,   und   he   bad  said 

I  lb.*  to  Mr.  Horc^s. 

>p*'  t^  i*  tiikcn,  that  sir 

to,  went  in  F.  on  thr-  2:ird. 
itlMi  T^th  f^f  Hrptrniher.  Glascock  writes 
'  'fire  was  under  a  fit 
^V,  lien  :  bvii  that  it  was 

•%fir,  1  o  have  her 

iijdaticeof 
ifoiog  arxjuty  wtiHii  cause  mueti  mis* 

I  ilm  time  forwards  Kelly  makesr  use  of 
^pber  of  nainn,  aud  new  dirtciions  to 

9ftb  Relty  writes  a|piin,  and  says^ 

wiiktm  II r.  It.  HiiroOifOD   went*  be   lias 

m  9j\fMt  f^m  lits  corretnondents  in 

ttbicJi  hjtshrcn  a  great  detticDent  to 

litrtbcir  ^ 

'  <rt^  .  t  Ctascock  sends  him 

•  wrote  by  the 
id  not  ytt  Hern 
;';irti- 
inuke 
,\til!  (Ituuieil  m   iho 
'   takes?  mruAUfPS  to 
\i^  *r»'iu  fMoi  niQ  tuffuiQraiidum  Kelly  bail 
ma"      " 


On  the  17  th  of  Oetober,  Gtaseoek  sendi 
Kelly  word»  '*  Thai  the  book  of  accouuta  sent 
by  Q,  Haufsdersis  al  lust  come  to  hand,  though 
tbe  ptrsoQ  that  brought  ii  i^  still  in  tbe  country, 
so  that  they  are  now  in  a  couditiuo  to  !*euk  so* 
couotit  with  Rftly."  And  from  this  time  for* 
wanl  the  corrt*fpo<ide»ts  in  France  mske  use 
of  a  new  cypher  oCnunes,  and  new  direolmui 
to  their  letters. 

Frum  all  these  circumstanees,  your  cnm- 
mittee  see  reason  to  believe,  that  Kelly  sent 
over  a  new  cypher,  aod  a  tiew  list  of  dtrectioni 
to  France  by  sir  Biurry  Goring;  in  whieh  they 
are  the  more  eonfirfiied,  by  ol^ervin^i  that  thtft 
uew  cypher  appears  framed  in  such  a  monnee, 
that  the  initial  letters  of  the  real  names  are  al« 
ways  prefi^ced  to  the  tictiliouii  ones,  which  iu»t 
are  frequently  varied,  but  the  initial  letter 
ii«Ter.  This  will  be  mure  clearly  uoderataod 
by  instancing  in  oue  of  the  names* 

The  person  w  ho  carried  over  the  cypher  and 
list  of  directiot>s  from  Kelly,  ts  in  some  lellerm 
called  G.  Sam|ison  ;  in  others  G .  Stepheimoit, 
6.  Sauttders,  and  G.  Sandl^rd ;  and  apiieai^s 
to  bt  the  same  witlt  Mrs.  U^ire*  w  ho  w«is  ob« 
served  before  to  he  probably  bir  Harry  Oonnji^^ 

Your  coratiaitee  farther  obArve,  thut  ull  the 
nnmes  made  use  of  iu  the  new  directioi>B  were 
entered  by  Kelly  in  the  p<^icket-book  that  was 
taken  upon  htm  when  he  wus  last  set^ed|  with 
such  iki«rks  aod  obtervations  liefore  them,  as 
need  no  ^reat  explanation.  Over  a^^ainst  the 
niimes  of  Bonnaville  and  Disode  is  writ  the  lb* 
breviati<»n  QUn,  and  a  letter  Kilned  fhsode, 
having:  l>een  stopped  at  the  pt>st-ot}ice«  ap|»eart 
tu  be  in  the  KUine  hand  as  those  signed  Uowell, 
Quit  well,  iiuerry,  &c.  which  were  shewn 
above  to  l«tve  been  writ  by  Glasoock.  Over* 
against  Briiiac  and  l>u  Ptiy,  is  writ  Stur  ;  aod 
your  committee  find  that  letters  eafue  for 
Kelly,  direcU'd  by  the«ie  name^,  la  8iurgis^t 
coflec- house*  Over*a^ai!ii»t  Contsde  and  Lu* 
nolle,  is  writ  Slau ;  and  your  eonmiiUee  tiiid, 
that  letters  thus  dtrectedi  weie  leti  for  bini  at 
Slausrhter^s  coffee-huuse. 

The  committee  are  seo^iblct  that  their  en* 
termq^  into  ho  minute  a  detail,  must  be  tedioui 
to  the  HoiiKC ;  but  as  the  conspirutors  have 
been  no  [»^9  indutitrious  tl>an  they  are  obtitiii«te 
in  <  :   ibeir  treason,  your  comntittee 

lla^  :  it  their  duty  to  trace  it  through 

evi  iH  ar  as  thi  y  could,  and  to  lay 

hcl  every  circumstance  whicV 

inuy  ii„^  %wi>  n  till  to  a  discovery  so  necessary 
for  the  safHy  and  cpiiet  of  tht.se  kingdoms, 
and  yet  so  Itlileto  be  ho|red  tor  from  the  present 
tetoper  and  dispositttin  of  ibe  conspirators 
themselves. 

The  first  of  Kelly's  letters,  writ  in  this  new 
cy|th<  r,  is  <ifthe  l6lh  of  Heptembcr,  directed 
tn  r  (Glssetick)^  utider  cover  to  Hues» 

ba»  -^  •*» 

to  liuii  be  snY«,  **  I  hope  you  have  seen 
G.  Seppheo'ion  oHhrc  now,**  and  mentioos  a 
trin  'un  to  send  to  bim  ;  which 

cii  vf  he  IS  the   same  peraoo 

meciut  Ljy  «t.  r^auiilordlu  other  letteii. 


41 1]  9  GEORGE  I.  Proceedings  against  Bishop  AUerbury^  [41f . 

band,  we  shall  be  mach  at  a  loM  bow  to 
manage  without  their  adfice ;  which  G.  tSamp- 
son  positively  promised  to  send  a  apeedy  ac- 
count of. 

"  The  situation  of  your  friends  atanda  modi 
as  it  did,  and  nothing  has  happened  of  lata  m 
your  family  to  eaae  their  losses,  or  mead  iMr 
condition.'' 

He  then  ^res  a  long  aoooant  of  the  M 
North  and  Grey's  being  seized  at  PorlsiaBath, 
and  of  his  being  to  be  brought  to  towa  that 
night ;  and  condudes  thns : 

**  i  must  now  plainly  tell  yoo,  that  1  an 
afraid  your  cousin  N.  Cliilon  is  in  a  very  bad 
way,  and  a  person  (whom  he  lately  employed 
to-  manage  some  things  for  hiro,  partienlaiiy 
to  compound  some  S.  Sea  bargmina)  haa  mH 
been  true  to  him:  for  his  creditora  have  as- 
tually  put  him  in  jail,  and  except  yoo  cai 
trive  to  send  him  some  relief  from  what « 


He  then  takes  notice  of  a  young  fellow  that 
he  bad  recommended,  (which  was  observed 
before  to  be  probably  Nevnoe)  "  and  earnestly 
begs  the  goods  be  carries  with  him  may  k>e 
disposed  of  at  any  rate ;  and,  if  possible, 
without  Mr.  L.  Craufurd's  or  his  partners 
being  concerned  in  the  bargain."  Your  com- 
mittee observe  from  Neynoe's  informations, 
that  he  was  to  be  recommended  by  Kelly  to 
lord  Landsdowu's  family.  They  likewise  *ob- 
oerve  fiom  several  other  letters,  that  Dillon, 
upon  the  caution  given  him  by  Skinner  from 
the  bishop  of  Rochester,  was  srrown  very 
jealous  of  his  former  friends  at  Paris ;  from 
which  circumstances,  they  think  it  probable, 
that  by  L.  Craufurd  is  meant  lord  Landsdown. 

He  then  adds,  *'  Your  cousin  C.  Saunders 
is  well,  and  with  a  friend  in  the  country,  who 
will  take  particular  care  of  her,  till  a  better 
service  can  be  got  for  her." 

This,  compared  with  what  he  says  in  his 
letter  of  the  13th  of  August,  of  Trotter's 
having  writ  to  hira  for  advice,  and  wanting  to 
be  employed  in  a  vovage  or  other  business, 
makes  it  probable,  that  by  C.  Saunders  is 
meant  Carte. 

He  then  adds,  "  Your  relations,  N.  Crone 
and  S.  Parrel,  have  made  several  bargains  for 
ready  money  in  the  third  subscription  ;  and  as 
the  time  allowed  by  parliament  for  non-prose- 
cution will  be  out  as  soon  as  it  sits,  their  credi- 
tors will  tlien  fall  upon  them  and  all  their 
friends,  and  put  them  iif  jail,  except  you  can 
send  them  some  relief:  and  though  your  ac- 
tions are  at  a  very  low  price,  however,  ]  be- 
lieve, thev  would  be  extremely  pleased  to  have 
them  soldf  at  any  rate,  to  enable  them  to  padfy 
their  creditors  on  this  side,  and  to  put  them  in 
a  state  of  safety." 

It  has  been  observed,  that  the  conspiracy  is 
often  treated  of  under  the  cant  of '  stocks ;'  and 
whether  this  third  subscription  may  not  mean 
the  third  period  of  time  fixed  by  the  conspi- 
rators, and  the  relief  desired  be  not  some  as- 
sistance from  abroad,  is  submitted  to  the  con- 
sideration of  the  House. 

That  this  passage  cannot  be  understood  in 
tlie  literal  sense,  is  evident  from  its  being  said, 
that  the  time  of  non- prosecution  expires  at  the 
sitting  of  the  parliament ;  but  your  committee 
apprehend,  that  tbe  meaning  of  this  paragraph 
is  fully  explained  by  another  in  the  same  letter, 
in  which  Kdly  says,  **  There  is  no  prospect  of 
the  state  prisoners  getting  out  till  next  term, 
and  if  the  Habeas  Corpus  act  be  suspended  at 
the  meeting  of  the  parliament,  they  will  re- 
main during  the  government's  pleasure,  and 
perhaps  have  company  enough."  Who  are 
meant  by  N.  Crone  and  8.  Farrel,  is  submitted 
to  the  conjecture  of  the  House. 

His  next  letter  to  Glascock,  is  of  the  27th 
Sept.  in  which  he  cumplain^,  **  That  he  has 
not  heard  a  8> liable  from  D.  Gainer  (Dillon 
probably),  or  G.  Roberts  (Glascock  probably), 
■ince  Mr.  G.  Sampson  (Goring)  went ;  which 
has  been  no  small  detriment  to  some  of  their 
friends,"    He  adds,  *<  The  term  being  sooo  at 


he  put  into  your  mississippi  (for  I  don't  fiad  Im  f 
has  any  other  prospect),  bis  confineaieDt  w9  ■  ; 
prove  fatal  to  him.  You  know  bis  woithi  ud.  ;. 
for  heaven's  sake  don't  forsake  him." 

This  letter  being  mentioned  to  be  writ  oi  At'  > 
day  lord  North  and  Grey  was  brought  op  ia  % 
custody,  your  committee  cannot  but  be  M  li  > 
conjecture,  that  by  N.  Clifton  is  meant  tha  <~: 
said  lord ;  and  that  the  person  said  to  be  ca*  a* 
ployed  by  him,  and  suspected  of  being  false  l».  ■ 
him,  is  either  Lyuch  or  Layer ;  and  if  thii*  ■« 
conjecture  be  admitted,  it  is  not  improbable  tb4  j^ 
by  N.  Crone,  in  the  former  letter,  may  hi^^ 
meant  the  said  lord  North.  ;l^ 

On  tlie  20th  October,  Glascock 
Kelly,)  *<  That  D.  Gainer  (who  in  another  |  ^ 
of  the  letter  is  called  D.^regory ,  and  is  ^n? 
bably  Dillon)  thinks  very  seriously  of  tbeooa-'^^ 
missions  with  which  Kelly  had  charged  hbn^-j 
for  his  friends,  and  does  not  refuse  to  emph|j|^" 
his  whole  credit  in  that  affair ;    but  that  M^^ 
single  article  had  consumed  the  bill  of  cs*^ 
change  which  N.  Cleaton  sent,  and  that  tb«a  .^ 
is  not  any  other  come  that  Dillon  knows  oL" 

Here  N.  Cleaton  means  evidently  tbe  i 
as  N.  Clit^on  in  Kelly's  letter;  and  iti 
he  had  sent  a   bill  of  exchange  to  I 
which  was  all  consumed  in  one  single  artifllee 
expeuce.    In  former  letters  notice  was  takfl 
of  a  bill  of  exchange  sent  over  by  B^oeft'^ 
and  of  20,000/.  raised  by  N. 

In  the  same  letter,  Glascock  takei  notioai 
some  goods  sent  by  Coiitade  and  LuDeUef 
Kelly's  use,  which  he  desires  Kdly  toaend  i 
and  to  acknowledge  the  recdpt  or  them  i 
fully. 

It  appears  to  your  committee,  that  l 
goods  were  the  Pretender's  declarations,  wh 
came  inclosetl  that  post,  or  the  next,  voh 
blank  covers  to  Contade  and  Liundle,  atSlaa|^ 
ter's  coffee-house,   agreeable  _to  tbe  mcfli 
random  in  Kelly's  pocket-book'. 

In  another  part  of  the  foregoing  letter, 
said,  that  Mr.  G.  Sampson  has  sent  ova 
project  of  accommodation,  and  wails  theev«i 
It,  which  it  is  probable  rdilee  to  tha  nna^ 
daratioo. 


end  oihiTSfJbr  a  Treasonable  Compiraeii/, 

IjT,  htmg  maun'me^  by  ihe  commit  lee  in 

p  10  lite  naiiic^  ill   his  pocket- book,  sAitJ, 
Y  irerc  n  ^  with  wlioui  be 

[wiaiiclril  u  France  several 

|g«.     H^  Imd  seen  tetters  a^ 

■■r^aiiii  rofre€*honse«  directed 

poTlJlote  oame^,  bat  tbtitit  might  eai»i)y 
L  IImI  tliere  mi^ht  be  persons  in  Edj^- 
[ili«  mnmn  names  witU  others  in  France ; 
^it  «va^  bt$  riiisfbrtiine  letters  should 
ic^  by  tlM»te  iinuKS.  He  insi$iei(, 
kcei^Kiokf  lUauj^'h  taken  upon  bim, 
ac  ibal  had  lain  hy  neg^lectfd  ibetie 
yet  your  fominittee  observe 
itfd«tm«  itj  it  weit*  of  a  late  date, 
I  II  (larticuliir  account  of  the  time 
I  to  and  fmm  France,  and  of  the 
be  and  Dennis  Kelly,  and  the 
Bter^  wer«  taken  into  custody, 
r  wdl  observe,  thut  this  long'  und 
tfunl  of  George  Kelly  is  extracted 
I  paprni  anJ  inlormatious,  as  were  in 
I  el  liie  STOvernmeni,  relaiinipf  to  hiui^ 
bil  iiy  »uc]i  explications  as  seetn  to  the 
\tt€  ualtimlly  to  arise  from  com]Mirina; 
Bral  [vttrtsof  th>  ~  t  Mier;  but  that  be 
i»obisexi!:  if  used  to  make 

ry  Ihiik  .ii.^i»l  jLjivehght  to  any 
Oriable  ci»rrespondcnce,  though 
Ihe  l»ad  it  in  his  power  to  do 
artieulaj^,  the  comDuttee 
brt  of  the  true  and  genuine 
&a  of  the  nameSf  or  other  fucLa,  ivhich 
h»l^  have  hupprneJ  in  untolduig  such 
)iiC  matter,  %n  Industriously  wrapt  up  in 
nh«curttv  ;  yK  they  conceive  it  will 
lt«  cretfit  of  those  fucts  uj  general 
wliich  are  supjKiried  by  un- 
ence^  notwithistandincf  bia  de- 
Dd  his  prevaricating  so  gro^ly 

will  now  proceed  to  lay  be- 
culara  aa  they  have  cotlecte^l 
referreil  to  them  relatinjj  to 

iriiii  anui-iirs;  to  tbePl,  ITom 

r  pted  letters,  to 
Miev  KcUy,  and 
r  witli  the  Mine  obatiuacy  on  hit 
Lthetn. 

!  reason  to  believe,  that 

I  of  Kirkton^  Kille- 

.  Ccfir^e,  and  Hiibberts,  are 

■  in  ib«  iriiercepiei!  lett<'ra  to  ex- 

■     -^  this 

t  the 

ni   t»i  a  tt  vtri    and 

lit  having  u  dan;^btcr 

-    '-;--■■'  Mood 

I   as 

e  by 

vVTlll 

coin- 
.  of  i>Jr. 
n  true  of 

>u     rMirj^iittrc* 

v« .    i.,!M»n  to 
aiiiiiticd  iu  the  iiit9i- 


cepted  correspondence)  of  the  person  de^ii^fned 
by  the  names  above-mentioned,  is  affirmed  of 
him. 

Vour  committee  have  likewise  been  in- 
formed, that  enquiry  having  been  made  at  the 
British  cotTee- house,  who  took  up  letters  di- 
recteil  thither  by  the  name  of  8andford,  il  wom 
found  that  one  Mr.  Kelly,  who  frequented  that 
house,  look  them  up.  Acd  a  letter  from  France 
sodirected  having  been  copied  at  the  post-office, 
add  then  delivered  out,  the  original  of  the  said 
letter,  aij^ed  M.  Digbvi  was  found  in  Dtnnig 
Kelly's  pocket,  when  nc  was  taken  up^  as  ap- 
pears by  the  affidavit  of  the  tneisenger  who 
St  i/ed  him* 

In  ibis  letter  Dtgby  sends  his  service  lo  bis 
cousin  I  retoo,  which  haji  been  shewn  above  to  be 
one  of  the  names  belonging'  to  Gei>rge  Kclty  • 
and  also  mentions  Hore,  who  has  been  already 
cxjdained  to  be  probably  sir  Harry  Goring, 

Your  committeo  observe,  that  the  saicfletter 
was  writ  in  ilie  same  hand  with  anotUer  signed 
J.  Gerrard^  which  was  hkewise  found  atnong^ 
Dennis  Kelly *s  papers,  and  has  been  observed 
above  to  be  probably  the  name  made  n$e  of 
hy  sir  John  D'Obryao,  whom  George  Kelly 
decbired  to  be  secretary  to  Dillon. 

They  farther  observe,  that  both  these  letters, 
signed  Gerrurd,  and  Digby,  were  in  the  seme 
hand  with  otliers  found  mhis  custody  relating 
to  Dillon's  private  affairs;  %vhich  confirms 
Digby  to  be  Dillon^jBind  Gerrard  to  be  one 
whoNe  hand  Dillon  manes  use  for  his  dispatches. 

Another  fragment  of  a  letter  was  found 
among  his  papers  mentioning  tlie  names  of 
Ireton  and  Hore  ;  which  is  in  the  same  hand 
wiih  llie  letters  to  PInnkett,  signed  Dixwell  and 
Howell,  and  is  therefore  probably  the  writing 
of  Christopher  Ghiscock,  George  Kelly's  cor- 
respondent. 

Some  other  papers  were  also  found  in  hii 
c  UK  tody,  mentioning  others  of  the  fictitious 
names'  used  in  George  Kelly's  letter?,  as 
also  a  long  list  of  names,  with  fictitious 
names  over  against  them,  and  a  cypher  of 
tigitres^  whicb  appear  to  be  George  Kelly^i 
hand- writing,  and  are  sworn,  hy  the  clerks  of 
the  noBt'Offiee,  to  be  the  same  hand  in  which 
the  letters  signed  Johnson,  Hattield,  ^c.  were 
writ»  It  has  already  been  observed,  that  this 
cypher  of  figures  is  found  to  l>c  a  supplement 
to  the  cypher  in  which  the  letters  of  the  late 
duke  of  Urmond,  and  the  ^bishop  of  Rochester 
were  writ ;  and  that  the  «aid  cypher  last  men* 
ttoned  is  made  use  of  in  one  of  tUc  intercepted 
letters  from  Dillon  to  Denni*  Kelly. 

There  wfis  also  found  amon^^  his  paperit,  an 
exact  list  of  the  quartering  of  lii^  majesty's 
forces  »  httle  before  the  lime  of  the  elections, 
and  a  scheme  for  erecting  by-boats  between 
London  nnil  Boulogne,  which  seemn  referfed 
to  in  the  letters  between  George  Kelly  and 
Gordou  of  Boulogne. 

T'here  wa»  abo  taken  among  his  papers  a 
frug^ment  of  s  very  tresionmble  Utter,  signed 
F.  M.  which  your  cotnioittee  cotyeclure  wis 
trow  one  Frsiicii  Mscnsuttrts,  e  ptrsoo  cod* 


415]  9  GEORGE  I.  Proeeedii^t  agaiiut  Bitkop  Atiertay, 


[il& 


ecroed  id  the  former  nebellioD^  there  being  ano- 
itier  leiief  among^  his  pa(>er9,  willt  llie  nitme  at 
Jeng-th,  in  ihe  ifuiue  hutid. 

Your  coinniiu^  huve  laid  logfelber  th^se 
■everal  circiimstAnces,  tbat  it  may  appe&r 
D<fnuis  Kelly  was  oonceroed  in  the  tr«a»9imhle 
€oiTesj»aii<lvuce«  whidi  is  conlirmeil  by  Mr. 
Ciauturd'tt  Mterfrfiin  Pans,  19  3uot'Moy,  in 
mtiich  he  M)«,  "  There  is  une  captain  ILeJly, 
who  frequeiiu  the  Ct>cva*tree  and  \\\\Vt  cot'- 
fee- home,  who  is  muuli  in  lite  coittideoce  of 
Dittofi  and  lord  Lati$dowo ;  be  mas  here  some 
tnoQilis  aj^o^  and  ta  at  prebeut  rery  active  in 

Vuur  comiiuUee  find,  that  be  was  abroad 
for  scvernl  monlUs  tUe  latter  end  of  the  year 
i;Sl«  and  that  ^ine  of  tUe  klters  nent  to  htm 
by  fit  litious  iiain^s  iVoni  France,  were  directed 
14^  VVilTi  cofl'ee  htiust  and  llic  Cocoa-tree. 

The  matters  whidi  tbey  tiiid  Uim  princi- 
pally  cotiL'trrned  in  hy  the  interi^epied  leiters, 
are  tlie  remitlance  of  (be  bitt  «>f  excbanife 
■col  over  frurtt  the  person  called  Uepney,  the 
receipt  uf  vvliich  is  acknowledged  in  several 
letters  to  him,  bts  beinji  preitefit  ut  a  consiilta- 
lioQ  with  the  |ier%oiis  called  lU'p.  11  o.  and  Den. 
ftnd  bi§  being  to  I'arry  over  lo  France  their 
^»va,l  answer,  to-;eUie'r  wiih  a  new  cypher, 
[Iji*  of  direction**,  utid  other  verbal  inittrucuons, 
'  im  Ueorife  li^^lly,  fur  Dillon ^  Glascock  and 
Talbot* 

Am  George  Kelly 'u  eo(|p8j>nndenc€  was  close- 
ly  CHMiuected  Willi  ibat  of  tbe  bishop  of 
Rocbesleri  Tbomasi  Carte,  and  Dennis  Kelly, 
ami  aa  he  appeurn  to  buve  been  privy  to  Plun- 
Iieti*8  ;  so  your  eotuinitlee  see  reason  to  believe, 
that  he  was  not  a  slrnnger  to  that  of  Bample, 
who  uppe^r^  io  l»e  ineutioned  in  a  letter  from 
Gerrarit  to  Kelly. 

Yotircoiiifiijitee  find,  that  John  Sample,  be- 

m  examined  before  the  secretaries  of  state, 

id  two  oi'  your  committee,  owned,  thai 
Francis  son  of* the  lord  Sempill,  commonly  so 
called,  bad  been  in  En^latid  tbat  summer,  and 
returned  to  France  about  three  weeks  before 
hit  examtnution,  which  waa  taken  on  the  4tb 
of  AoguM  last. 

Tbat  duringf  his  stay  in  Enafland,  he  (John 
Sample)  was  twice  in  company  wjib  bim,  and 
tbat  two  letters  found  in  iiU  trunk  were  re- 
ceived by  him  from  the  s.ttd  Friuicis  8einpill 
before  hit  coming  t(»  England. 

la  the  first  of  these  letlera!,,  dated  Jane  9^  13, 
172^1  Fr.  8en)pill  tells  him,  ''  Tbat  they 
are  daily  confirmed  Airs.  Hews^fl  distemper  it 
hut  imaginary  or  connterfeif  By  Mrs. 
Hews,  he  stiid,  was  me^ntthe  king,  and  by  his 
distemper  the  iaiedisturbaQoes* 

Fr.8empilt  iben  idls  him,  **  That  this  has 
pot  a  atop  10  I^Vr.  Stand wel^s  proceedinics 
73tandwell  he  owned  to  mean  the  Pretender) ; 
lul  that  this  cannot  disconcert  Stand  well's 
measures,  nor  even  delay  any  thing  above  a 
fiiw  weeks, 

«<That  perhaps  he  may  toon  produce  bim- 
lelf  to  Ihetr  coat,  but  it  is  not  yet  lull  lime  to 
gtte  him  (Sample)  hi^pes  oi*  tW^  kind."     He 


r  paiM 
lotndH 


adds, «'  That  they  have  not  yet  heard  from  Mr. 
Houlder/*  whom  Sample  eiplaiAid  tobatbi 
late  dnke  of  Ormond. 

Your    committee  ohserTe,  thai  this 
with  tbe  accounM  given  in  the  fortoer 
their  Jlefmrt,  of  the  atteoifits  that  were  I 
been  made  in  Bn^butl  'ir  l»e|^a 

May,  which  were  prevr  >^h  noti 

ly  discontinued,  by  the  oi^covtrntit  tuarfe  I 
and  by  thii  encdinpment. 

Sample  being  shewn  tbe  copies  of  aavwil 
letters),  taken  at  the  (loitt-otlicef  dtrectecl  la  l\r, 
8empill  at  Paris,  and  encloising  ottiera,  owacdi 
as  apjieant  by  his  examination,  the  wriiiof  df 
them  ail,  and  (rave  explications  of  thi 
made  uae  of  in  tbem.  One  ot  these  U 
Stand  well,  whom  be  owned  to  tneaa 
tender,  and  another  is  mentioneil 
Glascow'ji  master  which  is  prohahljTj 
Dillon.  He  likewise  owned  bta  bavii 
the  late  duke  of  Ormond^  and  to  1 
secretary  ;  and  while  he  waa  tn  caNt^ 
messeofi^er,  he  begun  to  put  down  in  writi 
eonfessioo  of  his  crimes,  which  was  foun 
his  rootn  afier  his  escape.  But  though  i 
of  his  letterij  appeared  dictated  by  him  to  i 
personst  your  committee  do  not  fiod  he 
discover  who  lho»e  persons  were. 

Yoarcommiitea  will  next  proceed  toh 
fore  you  tbe  substance  ot  tbe  several  ^ 
examinations  referred  toth^m,  relatia 
Spdman,  alias  Yatlop ;  in  doing  w| 
find  theiTMelves  indispensably  ooligci 
tion  a  person  of  bi^^h    ratik  aod 
Tbomai»  duke  of  Nod  oik,  ainocig  i 
cerned  in  the  treasonable  corresooodaaat 
veyed  through  the  hands  of  toe  said 
8pelinaiK 

1 1  «ppcar«  to  your    committee, 
Spehnau  being  examined  on  the  191 
ber,  concerning^  several  letters  firoin  i 
reeled  to  ber  by  ibe  name  of  Mr*  or  Mrs, 
ton,  hat  declared  upon  oath,  ^'  That  Mr. '" 
Jernegan,  (who  as  your  oomniitlee  sre  infonu- 
ed,  is  a  Roman  Catbollc,  and  appears  to  liggj 
been  long  employed  by  tbe  Pretender)  beii 
England  about  six  months  beft>re  her  < 
tion,  did,  upon  his  going  for  France^ 

ders  with  the  said  M  rs.  Spelman  to  i  

duke  of  Norfolk  such  letters  as  she  should  ft* 
ceive  trom  him,  Jernegao,  directefl  to  Mn* 
Jones;  and  loMr.  Harvey  of  Combe,  snobii 
she  should  receive  from  him,  direded  to  l' 
WilliaiiiH^  in  Newgnte^strcet,  Norwiohii 
to  Mr.  William  Moor  fwho  lives,  or  did  ll^ 
Brownlow -street)  such  as  she  shot] 
from  him,  directed  to  Mr.  Frainptoo:_ 
it  was  agreed  between  her  and  Jertiegai 
should  direct  to  her  by  the  name  of  BttftoSi 
when  he  did  not  do  it  by  her  own  name.  ^^ 
*^  That  she  did  accordingly  send  {as  ba^^H 
n greed  between  them)  tbe  letters  that  cadiPP 
her  with  the  diractions  above- m«^ tiuttetl,  lltlP^ 
ing  first  enclosed  them  under  new  coven,  whidi 
she  herself  directed  *,  that  she  sent  lh«iu  bl 
common  porters,  who  always  brought  ber  baa 
an  i€Cotmt  of  their  having  d«lifmd  th<i»t  « 


1 17 J  anti  fAherSfJor  a  Treasonable  Omspiractf,  A.  D-  1725. 


[411 


ofdiA  |Kf«iiD*A  nfvl  heln^  M  liome  ;  that  p«rii- 
caltHj  O04*  ho  the  dukeof  IVnrtblk  \«js  hrott|rlit 
Iftefc  ii|C^t^  ^^v  the  porier,  Lis  ^i  nee  oot  bc4U|^ 
iiK^iao,  which  iHter  she  kept  tih  be  came  tu 
feivii,  itfiil  ihm  ieiil  it  U)  dim.  Tlmt  she  once 
tttmt^il  m  mesAM^e  from  the  dtike  ol'  Nurfoik 
ly  Mr.  Edit^anl  Jrriies^ii ;  thai  UU  i;rac« 
pmM  i>o4  Ariii^ter  :i  hitler  >«lie  h^iff  cunveyed  to 
linfrom  Gvurixa  Jerriei^ari,  LieraiKe  he,  the 
k^  of  Norfolk,  had  »iot  thtf  krj^  of  the  cy- 
f*  *         J        ti;»  hrotlier'ia  hands;  ^helike- 

»  rceivmif  ^e»eril  cyphers  atid 

^'«   i  '  '•til  Geofye  Jeroegati ;  which 

^hiiii  I  the  liiiie  of  hir  iiti^t  litid  sc- 

owl eiE4u..i...^-.>u." 

GbifMe*  of  ih#^ve  cyphers  hivinjj  Iteen  taken  at 

lltiM  ot?ire,  it  npprarsihat  one  of  them  was 

PMpdt  A  Kl'v  0(1(1  Cypi»er»  wiih  Mr  Farmer 

•iJ  Jei  r>  ,   arid  anolT^er,  D,  O,  nnd  J  ;    the 

i*'  li    is  pniUably   a  cyi-hf-r  hetwt^en 

^  r  mitl  Jertjesrati,  and  the  latter  be- 

ihI  li^e  late  dtike  uf  Onnuinl. 

wyijrt?«rs  trt  your  commii  lee,  that 

II  beings  exumined  tii  relntiun 

m  ihe  duke  of  Norfolk  ab»>ve 

il»';joRi>d   iipmi  oalb,    •*  That 

•kaot  A  l>eft>re  the  duke  weot  to  Ihe 

Bat'     '  iii'ijtneiJ  thftt  his  |>race  had  en- 

%  I  (le  of  I  heir  family  t  Tie^   Jerneflraii, 

*  '■    ^?iin,   and   hiif  i^rtice  told  him, 

<h\  a  IcUer  (iinii  Genrf^cJcr* 

.-  Lijcn  abni^id,  btit  that  hi*  cuiild 

I  h<^aii*«e  his  grace's  brother  had 

►■  cypher,  in  which  it  was  written  ; 

I  ernei^io,  dehi  ered  this  message  to 

The  6m  letter  directed  to  Mrs.  Jones,  (the 

L\^,yi  v.vrf,4|jj  of  which  a  copy  was  tnketi,  is 

ay,   riih  of  July,    1752,  and  is 

_;  pher,  hi*t  has  bceii  dccyphere«l  in 

i  n^r  lol lowing : 

'       "n'eralious,  whkh  oblitjrd 

I  me  till  m^w  the  liciiiour 

M.M  ,   iH»M?finp  I   fUilcr  riiy?c)fj 

'•  Tut  our  me  wrjih  opiuton,  th«|  my 

ii.fiM  are  ubove    fttlhiig    into  any 

*^  your   MiHcitude  or  prifute 

luerfu'd.     You  huve  been  in 

9Qe  manner  a  wime>»  ui  the  bite  turn  in  :if- 

fUfi.  and  uuifonbt(*dly  know  an  much  of  tliem, 

ibd  t  fe^ir  ^t   wdl  pritvt*  superHuoim  to  lionble 

f«a  »rtfi  lilt' panteuUm  i*bich  I   have:    nUcr 

nwvUag*  with  »ume  of  urn-  frieiab  hX 

......  was  of  opimon,  thnt   (he 

!  '      '     •    Miinicttlrd  to  the  retfent ; 

',  that  lord  wns  deputed 

itrt,  and  parted  iu  ap* 

N  in  the  world,  tnitwitb' 

by  the  rei^rut's  orders, 

li#  ipi^  ♦irnl   111    kmjj    Gforife. 

|*f»  h  *i  |.^.  rti  ouv*n  !»elt  wm1»  Hutfi- 

IC9A|iftiiIC[i<  kuhaeomlact?     Theve 

cT^if  ovjr   uti  t  rns,   1    Iciife  them,  to 

r.' pubhr  nvwi^:  thn  overturi; 

^  f m»  now  in  tin*  way  to  be  de- 

itTvd  k»  lite  K.  of  Fr,  maionty,  who.  aifico 

?0L.  XYL 


his  removal  to  Vervatlles,  is  id  a  manoer 
in  the  hands  of  the  regent,  fits  cornnatio 
remains  still  fixed  to  the  1 5th  of  October  ; 
in  all  appcarnuce,  this  yenr  pr*Hluce«  do  d(«| 
turbanc«  to  the  present  peace  rd'EtUope,  Tl| 
eMiperor  {{rows  daily  more  [K>wertii1  in  Unly 
by  the  pope's  faitititf  into  that  interest,;  he  \u 
lately  seized  the  fortress  of  Mjissh  in  Florenr 
ami  promises  the  investiture  thereof,  witli  I  hi 
ot  Parma,  to  the  piince  of  Baviere,  upon  hi 
m^iiriaq^e  with  the  princess  Josephina.  8pai 
will  be  under  iLfreat  dilHculiies  to  find  means  ii 
support  their  cluim  to  these  provinces)  espfl 
ciaiiy  at  a  lime  that  France  seems  neg^litretit 
eveiy  tiling  that  concerns  them  There  is  ni 
appearance  hkewise  that  ihe  affairs  in  the  Norll 
produce  any  thing  material  this  season  :  tl 
pacific  temper  of  the  K.  of  Frussia  secnri 
every  thin^^f  on  that  side,  and  has  probablj 
prevented  the  iltsturbance  threatened  in  tbosi 
parts.  Thus  at  present  ore  the  aiTairt  of  Efi^ 
rope, 

**•  I  did  not  fall  to  repeat  my  usual  8o1icita< 
tions  in  favotirof  your  broiherf  and  to  add  wbai 
in  justice  I  thoas[hl  yon  merited :  this  1  did 
upon  the  first  occasion,  ailer  my  comin^f  over 
to  w  hicb,  from  the  kii»g, )  have  this  answer  : 

^' June  the  15M. 
*'  *  Nobody  has  a  better  opinion  than  I  Itai 
of  I  lie  great  person  >ou  mention,  nor  does  h 
character  more  justice  ;  (  shall  be  always  it&^ 
viruus  to  do  what  is  in  my  power  to  convioc 
tiini  of  my  rejfard  fur  his  brother,  who  now  i 
in  Ihe  country  with  me;  but  1  fetkr  it  will  oc 
be  time  to  move  in  the  patiicubiryou  mention  t 
snme  years  yet,  which  niJl  be  the  case  of  al 
others  who  pretend  to  the  same  right  as  I  do.' 

*«  Thus  far  was  his.  There  is  a  pleasure  n 
sec  with  what  generous  virtue  be  repayi  a\ 
who  consider  his  mislortunes. 

**  1  preiiitme  to  mention  one  thin^  Itiot 
heinif  moved  to  it  out  of  a  pure  consideration 
the  credit  it  will  give  to  your  name.  Dr.  Wi< 
thum  Hud^  him!^elf  uoder  ihenec^sfty  of  budi 
iiilf  tlie  old  house,  beinjj'  ready  lo  fsM  ;  and  ne. 
opting  tSiey  be^iOf  but  upon  so  «;maM  a  fund  i 
wdl  never  finish  the  work,  as  it  on^Ui  to  be 
the  consequence  of'  which  must  nece^saril; 
nbliue  them  to  beg  the  asaistsnce  of  the 
friitids.  ]  should  be  sorry  np<»n  this  occasioi 
lh;it  any  other  person  shouhi  distinguish  birii- 
Mdf  sK),  by  a  dooHtiou»  as  to  merit  his  srn»s  to  ' 
phicpd  in  the  front,  where  \  couhl  wi«»h  to  t 
your  own.  I  have  not  spoke  one  word  of  thf 
to  any  person*  in  tbe  house,  thinking  it  *vouK 
h>ok  iiit»re  generous  in  you,  if  fli»ip<*sed  to  (alo 
iJie  credit  of  laying  the  tir^t  stone,  lo  roiive  ai 
ofi*erit  yourseli.  As  to  other  maitert,  if  1 
1>c  servi«'e*ible  in  the*©  pari^i,  either  in  ygi 
particuUr,  or  to  ihf  interest  of  the  pariVt  y<_ 
know  a»e  fuithtully  devotee!  to  both,  I  ImV 
oblaioed  teHVr  to  return  by  ihe  eodof  ihe  lu' 
Ojer»  landing  it  ineoovenienl  (o  my  private  sit 
tiofi  to  remain  longer  abroad  :  I  hope  iheu 
prejient  yau  fviUi  freah  proofi  iriUi  wUmt 


4I9J 


9  GEORGE  I.  Proceedings  against  Buihop  AUerburjft  [425 


and  rc^ppcf  T  harrt  the  bonoiv  ^o  b^i  ^^  jouf 
most  «fbe(iittnt  and  most  humble  serf  ant. 
''  Be  pleased  to  address  to  nae,  ^  monsieur 
Hooker,  under  cover  i,  monsieur  Pigault, 
Baiiquier,  ^  Calais." 

Your  comniiltee  observe  from  this  letter,  that 
Jernej^n  supposes  the  duke  of  NorMk  already 
acquainted  ^ith  a  design,  on  which  application 
bad  been  made  to  the  regent,  and  with  the 
causes  of  its  miscarriage;  that,  however,  in 
Arder  to  shew  his  zeal  and  attention  in  any 
thiutif,  where  he  thought  the  duke's  solicitude 
concerned,  he  seiida.  him  an  account  of  what 
had  happened  to  thtir  common  friends  at  Paris, 
and  of  the  secret's  being  communicated  to  kiog 
George  by  the  re^fent's  order;  and  theu  la- 
ments the  impossibility  of  arming  theroseWes 
with  sufficient  prudence  against  such  a  con- 
duct, which,  supposing  it  to  ha?e  heeu  such  as 
they  represent,  Vet  could  not  nossihiy  have  ap- 
peared hlaineabfe  to  any  but  tne  enemies  of  our 
present  happy  establishment. 

He  then  shews  from  the  situation  of  affairs 
in  Europe,  there  is  but  liitle  prospect  of  an}* 
rupture,  which  may  be  favourable  or  advau- 
tageous  to  their  designs. 

He  afterwards  acquaints  the  duke,  that  he 
had  repeated  his  solicitations  to  the  Pretender 
in  favour  of  his  grace's  brother,  and  had  also 
added  wliat  in  justice  be  thought  his  grace 
himself  merited  ;  to  which  he  received  an  an- 
swer from  the  Pretender  (whom  he  styles  the 
king,)  acknowledging  bis  great  opiniou  of  the 
duke,  and  the  justice  he  does  his  character,  and 
his  readiness  to  convince  his  grace  of  his  re- 
gard, by  any  kindness  he  can  shew  his  brother. 

And  the  inference,  which  Jemegan  makes 
from  the  rejjfurd  expressed  towards  the  duke  in 
tlii9  letter  of  the  Pretender's,  is,  that  there  is  a 
pleasure  to  see  with  what  generous  virtue  he 
(the  Pretendpi)  repays  all  those  who  consider 
his  misfortunes. 

He  concludes  with  telling  the  duke,  that  if 
he  ran  be  serviceable  in  those  parts,  cither  in 
fais  grace's  own  particular,  or  to  the  interest  of 
the  party,  his  grace  knows  him  faithfully  dc- 
vote«l  to  both. 

On  the  12th  33rd  of  August,  Jemegan  wrii'*s 
B  second  ktter  to  tlie  duke,  as  follows : 

**  Sir ;  the  vicissitude  in  our  afl'airs  being  a 
prrnctiidl  ebbing  and  flowing,  it  is  extremely 
'hflicull  to  assure  anv  thing  with  certainty  :  In 
my  last  of  the  12tfi  I  mentioned  how  things 
Tiufi  bapiiened ;  and  although  the  fact  was  true, 
yet  the  consequence  did  not  answer  what  we 
apprelicudcd  :  ll  was  a  pn'iiic  necessity  which 
urged  and  demanded!  that  conduct,  and  it  up- 
\iears  now  to  have  succofded  so  \i  ell,  that  every 
hand  is  at  work,  as  liei'oie,  to  draw  things  to  a 
ri^lit  conchision  ;  brief's,  we  are  flattered  thai 
the  re^^nt  is  cordially  in  our  interest,  and  di^- 
pnsrs  every  thing  to  undertake  the  work, 
which,  according  tn  some  accounts,  will  be  put 
in  execution  wldiin  tt\o  mouths;  those  who 
"kre  serious  a\id  make  due  reflection  oo  these 
fnkhcrt,  knoTv  how  far  they  may  ba  useful  to 


the  cause,  and  with  timely  aod  pradent  pre- 
cautions may  dis]M)se  their  friends  to  act  a  litely 
part;  whilst  they  themselves  keep  retired,  tiu 
the  success  one  way  or  the  other  detemiiict 
what  is  necessary  to  be  done.  _ 

*(  I  have  opportunity,  by  being  in  tbeie  |arfi^ 
of  picking  up  several  good  officers^  and  wilb  a 
little  trouble  as  many  as  would  complete  tt  en- 
tire regiment,  into  which  any  ^ntleman  nMrt 
enter  himself,  an  d  do  bis  duty  with  hotioiir.  Tvi 
is  what  1  thought  fit  to  propose  on  this  ooct- 
sion,  and  should  be  glad  to  know,  if  solely  opoil 
your  own  bottom  this  may  be  thought  un.  1 
shall  take  all  necessary  precaution,  and  shall 
first  know  certainly  wliat  there  is  to  depend 
upon.  Your  opinion  on  these  matters,  with 
the  assistance  of  your  advice,  will  lay  a  most 
sensible  obligation  on  him,  who  entirely  devetct 
himself,  Sir,  your  most  obedient  and  most  hinn« 
ble  servant. 

"  Lf't  the  conveyer  of  these  fnmish  yon  with 
iny  iiumcdiate  address." 

Your  committee  observe,  that  in  this  lettcfi 
Jenu'gsin  does,  with  an  air  of  great  satisfae- 
tion,  try  to  lessen  the  apprehensions  and  ii»» 
courageuiciits,  which  he  supposed  his  formet 
account  of  the  regent's  having  betrayed  the 
secret  mi*^Ui  have  raised  in  his  grace,  and  siys 
that  evtry  hand  is  now  at  work,  as  before,  to 
draw  things  to  a  right  conclusion,  without  ex- 
plaining what  that  former  work,  or  the  right 
conclusion  hoped  for,  is ;  which  particulars,  it 
appears,  he  thought  so  well  know  n  to  the  duit 
as  not  to  need  the  least  explanation. 

Then  after  telling  his  grrace,  *  we  are  llattereA 
the  regent  is  conlially  in  our  interest,  .and  is 
disposint;  everything  to  undertake  the  work 
within  t\«o  months  time,'  he  intimates,  that  from 
this  hint,  one  of  his  gracc*s  siTiousness  and  rs- 
fltHMion  ini<;rlit  be  tisotiil  to  the  cause,  by  dis- 
posing his  friends  (who  may  justly  be  under- 
stood to  he  the  Roman  Catholics)  to  act  a  livdr 
part,  while  he  himself  lies  retired,  waiting  tm 
the  event  should  dclci  mine  what  part  it  was 
pnipcr  for  him  to  take. 

He  then  makes  the  offer  to  his  grace  of  rai*- 
ing  an  entire  regiment  of  officers  in  Flanders, 
into  w  hich  any  gentleman  might  enter  himself, 
and  do  his  duly  with  honour:  and  desires  to 
know,  wheth«*ron  hisgr:iCf'so\\n  bottom  midk 
a  thiiis^  miiiht  be  thought  of. 

This  tri>:isorjaL1i*  offur,  from  an  humble  ser- 
\ant  of  hit  grace's,  shews  that  Jemegan  was  at 
least  pcrsundrd  it  woulil  not  lie  ill  received: 
which  could  only  proceo'l  from  a  thorough  as- 
surance of  the  diiVc*!«  incliuaiions  to  the  Pre- 
tender's rauso,  anl  of  his  intentions  to  snpjMikt 
it  wiih  mm  and  incnry,  whenever  a  prohaoility 
of  success  should  r'i.il<p  its^tt'o  and  proper  fiir 
hiin  to  e^pouso  ir  Oj'rii!y. 

Your  commiitct'  farther  obfcrve,  that  this 
lettiT  was  writ  about  the  same  time  that  Ftno- 
kett  was  so  busy  in  pressing  Dillon  to  siilicil 
the  regent's  assistance ;  and  that  the  term  foT 
putting  the  design  in  execution,  which  b  mm* 
tioned  in  Jemegnn^i  letter  to  be  witUs  tn^ 


'}  €nrf  oih^Tf^^^y^mrmeCmtptrmy^ 


vrnT 


feorii 
tgrnA  bd«re,  wns 


\...  I., .,:.. 


.;->^  if   V-rr-  V,  has  an 
»1  upon 

.  .  Ut.*jD  oU- 

i  of  the  cMmp. 

'j»  by  scvertii 

n  France^  Spain,  nmt 

s  of  July  atitl  August, 


iWl  the  cic&ign,  >vhtcb  had  tircn  suspen<!(?d 
I  tlic  rtr»i  iii*coTery  of  the  plot^  vrns  again 
nnd  jiiepyruttons  ii»m!e  for  the  Pre* 
r«  li  aviu^'  Juily  about  the  tt^srlnnin^  of 
taltfnbrr;  for  which  purpose  the  ship  llevo- 
MB  («iticc  takrn)  set  itail  for  itbly  th&  bitter 
•f '  '  *  '    aid  near  200  men 

f^i-iiuiiti  i!i  m  inr,  iLj  jLuifg'an*s  flitters  to 
Mis.  SpdmAn,  of  a  great  nuuiher  of  letters 
vntien  to,  aiitJ  received  from  Mr.  Harvej  of 
i^wW,  by  tbe  name  of  iVIrs.  Witiitima;  ami  in 
•t»of  Ii  -'♦  Jt*  s  111  Mr,  Harvey,  be  says,  *»The 
i^r  vme  apart/ and  confides  in 

Ml'  1  [id  bos  sacrificed  us  to  make 

i  fim  tnenii  Qf  king  Cforg-e.  The  late  dis- 
•f|ioiftllDOfit  tu  our  affairs  ha«(  given  a  surprising^ 
fiomcr  to  xhc  court  of  France:  they  silence  all 
'  pniic<^«  ill  regard  to  us  ;  none  novr  dare 
Ihmt  wfty,  or  undejrtake  the  teast  tilfliug 
f  m  our  favour," 
*l|i  ihf  3Dtb  of  July,  Mr  nflffeysenlan 
iBSwrr  to  this  letter,  the  original  of  wliirh  is 
I^Oftedf  and  is  Kworn  by  Mrs.  8pelmau  to  be 
I kbifenrf- writing  ;  but  it  contuioB  such  an  odd 
^■f  l4»waud  %Lrij)eiit  scandutf  that  the  com* 
r  iloiiot  think  proper  to  trouble  the  lluuse 
^h  tny  extract  ot  it,  but  have  annexed  it  cn- 
ire  ta  tlicir  Iteport, 

Yoor  c<>u)mUit-c  liave  already  taken  notice, 
UkU  the  treasonable  vorresptintlenee  a  bore  f^et 
iMi  lit*  not  confined  to  Eoglattd  only,  but 
Waifmrricd  ou  hi  Scotland,  under  the  same  cant 
»ns  of  1^  iue,  trade^  g'o^Hl^,  iScc.  And  it 
that  tbc  Pretender's  aceuls  wevQ 
ffilVy  intny  in  di«jK)sitj{>  mdUern  tor  an  iusur- 
*    MM  '  M  ufthekinj^duiu,  atthe  name 

lo  vfre  tilted  on  in  England. 

Thif  tin  ]  I  uent  has  ret^eiTed 

lAmiliofi  tJ,  tie  Lodovick  An- 

^  Tliiti  uij  iiiv  ^*mi  v(  January,  1721, 
ludufjtosb  was  seen  by  him  (Ander- 
liriU§e  of  hit  Jtdm   Murkinzie  of 
(buJf  aoti  told  Anderson  thnt  the  PrciPiwItr  de* 
1  to  iiiivr  oij  rhr  crrowD  uf  8coil!>ud  befor€ 


mi)  at  the 


■HfltlUl 

Ue  waa  to  lie  Bsatated 

^Fr. 

1  .>Iu8eo?y ;  that  general 

W 

1  fullock  were  to  land  at  the 

m 

fiUn  for  this  porpofte," 

T 

»  was  then  in  BTitam,agreei 

•iiL 

•?jition. 

A 

•     "        nn  the 

litf 

.  Mur- 

(lore's, 

sh  had 

^^■B 

»f:rr-jai    oitm  J    pu  tit  iii;i:  ^  ;    ih:it  two 

^H 

1  lit  tAet  Mr.  Jariic'jk  Kedb,  brotht^r  tu 

PVn 

farkball,  who  ?•''  -  iri-:    -  "  !d  him 

Glliim 

would  bt-  A  dr                            o\'  the 

VnSoto,  sMOcd  to  hiui 


>  (spe- 


cified in  his  deposition)  that  were  come  over  to 
get  matters  in  a  readiness*'* 

This,  yo«i'   f n  (Km,^  r.i.cAfve*,  answers  t€ 

the  first  ]K  ining  an  insuf<^ 

rection,  witij         ..l^     :  ^  ^^u  forces,  durinj 
lh«  titne  of  the  eI<}ctions. 

Afmut  the  beginning  of  May  a  letter  was  in-^ 
tcrcepted,  directed  to  Mr.  Peter  Smyth  alBou*! 
Wnc,  and  inclosing'  ajmtber  to  Uc  Mtirtin  rl 
which  letters,  aa  your  committee  are  i  n  Ion  naif  f] 
are  in  the  haraUtv riling;  of  3lr.  Cochran.  Wbd] 
18  meant  by  De  Martin,  does  not  appear 

In  this  letter  Cochran  says,  *'  Our  customerS|l 
on  this  aide  the  water,  are  as  fond  of  tukin^l 
our  goods  as  3^00  are  of  sending  them  ;  but  i  I 
am  afraid  if  they  are  not  sent  soon  the  murkelj 
will  be  forestalled,  for  our  enemies  begin  to  bal 
upou  their  guard.  Headds,  that  theirtnends  inj 
England  are  willing  to  send  money  to  pay  fotf  I 
them  per  advance,  and  that  they  in  Scotlatid  I 
are  not  backward,  hut  hope,  in  a  few  days  to  I 
remit  as  much  money  as  will  be  sufScient  for  1 
their  country.  He  then  desires  to  know  ho^j 
soon  they  may  expect  their  wines  on  this  aids  1 
the  water,  that  they  ii»ay  put  ihemselves  in  •] 
sufficient  |>osture  for  receiving  ibem,** 

Your  cutumittee  likewise  fiud  that  Chrislo*  | 
pher  Glascock,  Ddbn^s  agent,  carried  on  cor- 
respondences to  the  same  effect,  wiili  one  who  I 
Went  by  the  name  of  Jami'S  Johnston,  at£(fin«  ( 
burgh;  and  that  George  Kelly  corresponded j 
with  the  same  James  Johnston,  and  owned  to  I 
the  lordii  at  his  examination^  his  hating  seut 
the  said  Johnston  a  paper  Irom  Glascock,  whicli  , 
he  pretended  related  only  to  the  Mississippi. 

Letters  were  likewise  uitercepted  goinj^  from 
Edinburgh,  directed  to  Collins  at  Mr.  Waters's^ 
banker  at  Pari»;  which  Colluis  anpe.irs,  bf 
Kelly's  cypher,  to  be  Colin  Campbell  of  Glcn- 
dert>ule. 

Id  one  of  these  letters  to  Collins,  meiuioo  b 
made  of  a  person  of  great  consequence  and  dif* 
linction,  lately  regained  to  tl»e  Pretender'* 
party%  who  insisted  on  a  sight  of  llie  contract 
of  cor>artnery,  which  Cotlinsi  is  desired  to  semi 
over  liy  the  tirst  sure  han<1 ;  and  Colhns,  in  hia 
aiL<iwer  signed  II.  Broun,  promises  it  shall  b« 
sent  over. 

Your  <^ommittee  observe,  that  ibis  particular 
agrees  with  Fairfax's  deposition  upon  oath, 
that  Layer  told  hitn  the  people  «>!  lingland  wert 
backward,  but  that  those  of  Scotland  had  aU 
ready  entered  into  an  association. 

In  the  same  letter  to  Collins  it  is  aud,  ThftI 
the  person  of  consequence  who  bad  insisted  on 
a  pfilgbl  of  the  contract  of  copartnery,  desired 
an  order  from  Mr»  Malcolm  for  raising  one  or 
two  battalions  ;  but  was  told  those  orden  might 
come  time  enough  by  the  hands  of  those;  who 
liappened  to  come  tlrst  lo  open  the  commerce; 
which  shews  of  what  nature  that  commerce 
was. 

In  the  same  letter  application  is  tnade  to  Mr. 
Malcolm  for  a  potent  for  knight  liaronet ;  both 
which  circumstances  coutirm  Malcolm  to  b« 
the  Pretender. 

Your  couuKUtito  obierrc,  tbut  the**  bttt«iB 


423]  9  GEOKGE  I.  Proceedings  against  Bisliop  Aiieriurff^  f4SI 

that  account ;  but  tbiugs  of  this  kind  are  veiy 
uDcertain,  and  an  opportunity  may  oanie,or  M 
broujirht  about,  when  least  expecsted ;  and  yoa 
may  believe  it  will  not  be  neglected  when  it 
does ;  nor  will  any  eodeavoiira  be  wanting  Id 
bring  it  to  that  pasis.  Husb^  thongh,  moiC  fce 
the  word,  and  friends  must  not  take  aiiiisa  tbrir 
not  being  acquainted  previously  to  tliecseCH* 
tion,  in  which  it  is  to  be  ho|ied  thev  will  not  ftii. 

"  You  see  1  make  no  scruple  in  writing 
free^  to  ^ou,  but  you  know  the  consequent  or 
this  conung  into  wrong  hand»»  and  tliose  it  ii 
fit  and  of  use  to  be  told  to,  you  know  too :  8o  I 
leave  it  to  your  own  discretion,  of  which  yoa ' 
have  given  me  many  proofs.  I  have  Meo 
much  out  of  use  of  writmg  to  H.  S.  fbr  mim 
years  past,  and  I  have  not  yet  got  a  return  of 
one  1  wrote  him  last  summer ;  but  I  shall  write 
to  him  of  what  you  mention  in  yours. 

'*  As  to  M ^y,  I  care  not  to  aay  oMra 

about  him ;  and  were  it  not  that  I  think  k  far 
the  gooil  of  a  certain  person  and  cause,  I  ahooU 
not  even  wish  to  have  all  the  truth  told  of  luB 
since  his  being  abroad.  1  cannot  anawerfar 
what  handles  may  be  given  him  for  hia  jmrtii" 
cation ;  but  let  honest  men,  who  wish  rigfal» 
tell  the  truth,  where  they  know  it,  and  that  it 
is  ncci'ssary,  and  shame  the  devil. 

^*  1  wish  you  a  good  iourney  and  good  Iwk  * 
wilh  all  my  heart,  and  that  we  may  soon  hart 
an  opportunity  to  meet  merrily,  and  be  of  Mi  , 
to  our  country.  My  compliments  to  my  Iriendiy 
and  I  hope  we  shall  never  have  cause  to  bi 
ashamed  of  other. 

*'  I  shall  long  im|>atient1y  to  hear  from  yos 
after  your  getting  to  London  and  Ediobnm  | 
and  pray  do  not  tail  writing  after  vour  conung 
to  both  placea,  and  have  seen  people. 

**  Send  me  your  address,  and  you  may  ba 
sure  of  hoarinV  from  me  when  it  can  be  tf 
any  use.  Pleasure  it  wouM  be  alwaya  to  met 
but  that  must  yield  sometimes  tocircumstancet- 

**  My  fumify  salute  you,  and  wish  yoo  all 
happiness  ;  as  1  do,  who  am  sincerely  and  af- 
fectionately }ours,  &c.  Adieu. 

**  I  wish  you  may  have  something  agreeablt 
to  tell  me  ot  your  brother  and  uncle  wlieu  yoo 
have  seen  them,  and  remeiuber  me  kimlty  to    * 
your  father  in-law.    Sure  we  must  all  wish     - 
the  same  way  to  our  country. 

*'  What  is  become  of  our  cousin  Will,  who  ^ 
I  hear  is  still  where  you  have  been*  fur  aomt  ^ 
time?*' 

Your  committee  likewise  find  evident  Ibol* 
steps  of  this  treasonable  correspondence  from 
Ireland  ;  hut  having  already  shewn  suflScieotly 
the  Lxtensiveness of ihe  conspiracy, they forbctr    - 
to  tire  the  Huuse  u  ith  any  further  particolan. 

Your  cfunmittee  have  now  gone  through  tho  J 
several   matters  that  appeared  to  them  Iron  t 
the  examinations  of  the  persona  or  ptpcn  it-  i 
ferred  to  them ;  and  they  are  in  hofwi,  thil  ■ 
reporting  every  circumataDoe,  tbatMcmed  vi 
terial,  thev  baVe  strictly  oonplM  wkh  ih 
tentioM  or  tho  Houat  jp  r-- — 

If  Um   ' 


and  some  others,  which  appear  to  hive  been 
intercepted  about  the  montn  of  May,  and  are 
annexed  to  this  Report,  fall  in  with  the  second 
period  of  time  fixed  by  the  conspirators  in 
bngland. 

And  on  the  18th  of  August,  O.  S.  Mr.  Stan- 
hope .writes  word  from  Madrid,  that  he  had  re» 
cetved  intelligence,  that  the  Scotch  had  en- 
gaged to  bring  29,000  men  into  the  field  in  ten 
daya  time,  in  case  the  late  duke  of  Ormond 
would  come  over  with  arms  to  head  them,  and 
that  they  daily  sent  most  pressing  messages  to 
Ormond  on  that  subject ;  which  shews  that  the 
design  was  reassumed  a  third  time  in  Scotland, 
as  it  was  in  England. 

Your  committee  farther  observe,  that  agree- 
ably to  what  was  promi$<ed  in  Mr.  Cochran^s 
letter  of  the  28th  or  April,  Mr.  William  Erskine 
did  on  the  Sd  of  May,  remit  2,000/.  steriing  to 
Mr.  Gerrard,  Dillon's  secretary  at  Paris,  and 
owne<l  his  so  doing  on  his  examination  before 
the  lord  justice  clerk ;  but  refused  to  discover 
who  Gerrard  was,  or  from  whom  and  for  whose 
use  the  said  sum  was  remitted. 

When  he  was  taken  into  custo<ly,  a  letter  was 
aeized  in  his  pocket,  which,  as  your  committee 
ia  informed,  is  all  in  the  late  lord  Marr's  own 
hand-writing,  dated  Paris,  February  the  9th, 
1732,  in  the  following  words : 

"  Paris,  Feb.  9, 1722. 

*'  1  have,  William,  yours  of  the  7th,  for 
which  I  am  oblige<l  to  you,  and  take  all  you 
aay,  as  I  ought,  from  the  good  heart  from 
whence  1  know  it  comes,  though  at  the  aame 
time  you  put  a  greater  value  on  your  friend 
than  he  deserves :  But  be  that  as  it  will,  I  am 
fully  persuaded,  as  you  may  be,  that  he  will 
never  fail  an  occasion  for  what  you  mean,  nor 
neglect  endeavouring  to  bring  it  about,  where  he 
aees  it  can  be  of  advantage  to  his  country ; 
and  his  friends  and  countrymen  may  depend  on 
it,  when  they  see  him  engaged  a^ain,  that  the 
retrieving  of  It  from  the  low  condition  it  is  now  in, 
andoiherways  ever  liketo  he,  is  the  chief  motive 
that  induces  him  ;  and  he  hopes,  in  that  way 
he  will  not  be  without  the  assistance  of  all  who 
wish  the  same  thiug,  and  the  more,  that  he 
will  take  all  the  rare  he  can  not  to  expose  them 
for  serving  that  of  others,  if  at  the  same  time 
he  be  not  pretty  sure  of  its  doing  effectual  ser- 
Tice  to  their  own,  and  putting  it  ou  a  better  foot 
than  it  has  been  these  hundred  years  past.  If 
he  looked  hut  to  his  own  private  interest,  he 
ooulil  perhaps  find  a  way,  which  could  conduce 
more  to  it:  But  he  hopes  by  his  former  actions, 
it  appears  that  he  never  put  that  in  competition 
witli  what  he  thought  was  the  interest  of  his 
country ;  though  iii  which  he  owns  he  was 
once  mistaken,  as  many  others  may  have  been ; 
but  as  be  never  scrupled  owning  hia  fault,  since 
he  found  it  by  experience  to  be  one,  so  he  has 
over  since  endeavoured  to  make  amends,  and 
will  as  long  as  he  lives. 

**  Things  are  in  such  a  situation  at  praaent 
over  all  £uiope«  that  there  appeaia  little,  if  any 
Appottunity^  of  doing  what  iato  \m  wiahcd  opoo 


(e  vweHrd  ihc  Report  into  loo  great  a 
b  are  p«rsuQited  the  House  %viTl  eX* 
pe  il  urns  ill  all  the  places  \wliere  thpy 
ft,  oecefisa(7  to  exptuin  the  passug^cs 
fw  el«*»  lOfhtw  the  coriuection  of  the 
II  Jii»  ihe  ro-operatj<m  of  the  con- 
\r  wicketj  Ufsi^n  of  dethroning' 
*tk.ctv4  iiiftiesty,  anil  orerturnin(r  our 
Ui|»Iiy  etIafaKibment  in  eh  urcb  atitl  state. 

Iduntit  9,  the  House  havinfif  proceeded 
'  kmiH  Report  into  cODsideratioD, 

Tbftt,  upon   consideration  of  t!ii* 

the  several   papers   and    exami- 

Liu^  10  the  4-oiitpiracy,  it  ap^iears  to 

^Ihtta  detectable  and  horrid  con- 

en  formed,  and  carried  on, by  per* 

r  and  dtstintiion,  and  their  aj^cDts 

CifD^Dls,  Id  conjiinctioQ  witti  traitors 

for    ifivading'    these    kia^dotns    with 

forces ;  for  raWtng  intnrrections,  and 

Ml,  at  liome ;  for  seizing  the  Tower  and 

'  ^  ■  *  J       IT  violent  hanth  upim 

red  majtsfy,  and  the 

inurv  to  siuhiert  our  pre- 

nrnt  in  church  and  stnle, 

l*retei»der  upon  I  he  throne. 

I   appears  to   this  House, 

yer,  lu  his  several  examina- 

'  ilie  lords  of  the  council ,  and  the 

|V>f  ih\H  Ht^use,  has  ^rosaty  pre  van - 

||[  the    truth ;    contradicted 

ivoiired,  as  f«ir  as  in  him 

furaif  and  cooceaj  the  said  horrid  and 

DHipiracy. 

!^«   That  It  appears  to  this   House, 

Im  Ptunket  has  been  a  principal  a^^ent 

!roineiit  in  the  anid  horrid  and  detestable 

icy  ;  and  haa  carrie<J  on  !»everal  trea  ■ 

correal '      "  to  procure  a  foi-eign 

Invade  I!  liims;  to  nii^p  ioKUr* 

>M,  at  home  ;  and   was 

hern,  in  the  villain'ms  and  exe- 

rtayiit^  violent  hand •>  upon  his 

s«cr«-d  person. 

Upon  a  Bill  to  uiflict  certain  pains 

upon  the  Kiid  John  Phinket  v^ns 

I  onlered  in  by  a  umjority  of  289 

Hy  Hnrch  the  11lh«  the   House 

:  :ied   contnideration  of   the 
nmittee  apjMimtrd  to  cxa- 
aiopher  L;iycr,  and  othcrH  ;  and   to 
he  t^vral  p»pen»  and  examinations  re- 
^  ftientiotied  in  his  ma- 
red. 

If coniideraiion  of  the 

I  the  ivt-v«*rnl  putters  and  exanii* 

i^'"  * '-■'^r^ft     Tt  -f|»pears 

iohn- 

iiiieiit 

t  aacy; 

►,;  ■  .    n    ■.  .    rorre- 

iiivtlr'rrrUiMi'*^    and  a    re- 

Tind  to   pn>€!ifn  a  foreig:D 

II  ahrokd. 


and  penalties  U|»on  Oe^irt^e  Kelly,  aUas  Joha* 
son ;  %VAB  ordered  iu  by  a  majority  of  SSO| 
ag^alnst  111, 

Jtesolved,  by  a  majorily  nf  985  a^tnst  159, 
That  it  appears  to  this  House,  th»t  Francif 
lord  bishop  of  Ilt>che«<ter  was  priocipaily  con* 
cerned  in  forming,  directing,  and  carrying  on, 
the  6aid  wicked  and  d*  testable  conspiracy  for 
invading  these  kingdoms  uiih  a  foreign  force; 
and  (or  niiuinsf  insorrectionti,  and  a  rebel  I  ion « al 
home,  in  order  to  subvert  our  prefieot  happy 
establishment  in  church  and  state,  by  placing 
a  Popish  Preiender  upon  the  Ihroue. 

Then  after  a  m<»tinu  to  adjourn  bad  beftn  ne^ 
yfatived  by  260  Si^airi^t  126,  a  Bill  was  ordered 
in  to  inflict  certain  pains  and  penalties  upoa 
Francis  lord  bi!»hop  of  Rochester. 

On  the  14th  the  Houj>e  reso|ved|  Tbat  th* 
Rt'port  be  commuDicated  to  the  Lords,  at  « 
conference* 

Resolved,  That  an  humble  address  be  pre- 
Si:' n  ted  to  his  iiuijet^ty,  that  he  willlie  i^raciously 
pleased  to  give  leave,  thai  the  papeiM  and  exa- 
minalionw,  which  have  Iveen  laid  betbre  ihit 
House,  relatin^^  to  the  said  coiuspiracy,  maybe 
communiciited  to  the  Lords. 

Resolvril,  new.  con.  That  40  humble  ad- 
dress be  preseniefl  to  his  to^JHsty,  expressing 
the  inili^mation  of  this  HuosiC  aifamjit  the 
horrid  and  dttestahle  conspiracy  which  has 
lieen  carried  on  against  his  majesty**  t»acred 
person  ;  and  to  coogralnlati'  bis  majesty,  oo 
the  hi&ppy  discovery  td  it;  and  to  asaure  his 
majesty,  that  this Hou^e  wilt  proceetl,  with  the 
utmosi  vigour,  to  brin^  those  to  jut^tice,  who 
have  been  concern rtl  in  these  unnatural  disi^ns 
at^atnst  their  country ;  and  will  effectually 
aup(M>rt  bU  majesty  ^s  goverument ;  and  will 
maintain,  with  all  that  is  dear  or  valuable  ta 
them,  the  present  bappy  e^tabltHhtnent* 

On  the  next  day  >lr.  CotuptroH^r  reported 
lo  (he  House,  that  their  address,  of  yealerday^ 
havip|j^  lietn  presented  tn  \m  majesty,  thai 
his  iitBJesty  would  be  g^raeiously  pleaied  to 
Lfive  leave,  that  the  tetters  auil  pa|>ers,  whick 
have  bfeii  t»iid  before  \h\»  House,  rebitniif  to 
the  conspiracy,  nii^ht  he  comuiuoicatcd  to  the 
Lords  ;  hiH  majesty  has  been  pletiiied  to  give 
leave,  that  the  sm!i  let  tent  imd  papers  may  be 
communicated  to  ihe  Lordt, 

Ordered,  Th»l  the  oriipnal  pttper*,  letters, 
and  ex»tminations,  refer led  to  in  the  Re|>orl 
from  the  committee,  who  were  appointed  to 
examine  Lhnstopher  Layer,  and  tit  hers,  in  re* 
latJon  to  the  cou-»piracy  meniMtiied  iiv  hiti  ma- 
jesty *i«  speech,  beil^livtri  d  to  the  Lttnls,  at  ibe 
flame  time  the  saul  Re|iori  is  rommunuated  to 
their  lordMhifus :  and  that  the  LoriU  Iw*  ac- 
f|uaiuted,  that  this  Hou^e  tio  de»irr,  that  the 
said  original  papers,  lftteri«  ami  examinoli'»ns 
may  be  returned  to  them,  from  tim^r  to  time 
M  vhalt  Ih'  lound  neoeaaary  for  ibe  proeeediiigi 
of  fhiM  House. 

AimI  a  committee  baviojf  been  appointed  te 
consider  and  prepare  matteni  to  be  u^Teied  lo 
the  Lonli^  at  ji  coiijerence : 

Mr.  PuLieaey  retried  fronn  Ibe  ttid  QC 


4 
4 


4 


4S7] 


9  GEORGE  I.  ^roceedifigi  agaittit  Bishop  Alterbtrjf 9         [428 


mittee,  That  they  bad  prepared  imtter  to  be 
offered  to  the  Lordf,  at  a  oonference ;  which 
they  had  directed  him  to  report  to  the  House ; 
and  he  read  the  same  in  his  place ;  and  ailer- 
'  wards  deli? ered  it  in  at  the  clerk's  table :  where 
the  same  was  read ;  and  is  as  follows ;  viz. 

'<  The  Commons,  upon  consideration  of  a 
Report  from  a  committee  of  their  own  mem- 
bers, appointed  to  examine  Christonher  Layer, 
and  others ;  as  also,  several  original  papers  and 
letters,  upon  their  humble  application  to  his 
majesty,  laid  before  them ;  beinpf  entirely  sa- 
tisfied, that  a  detestable  and  homd  conspiracy 
has  been  formed,  and  carried  on,  by  persons  of 
figure  and  distinction,  for  deposing  his  ma- 
jesty, and  placing  a  Popish  Prouder  on  the 
throne;  and  being  fully  convinced,  that  se- 
veral treasonable  correspondences  have  been 
entered  into  by  the  said  traitors,  for  soliciting  a 
foreign  force,  to  invade  these  kingdoms ;  and 
that  endeavours  have,  at  the  same  time,  been 
used  by  them,  for  raising  insurrections,  and  in- 
citing a  rebellion,  at  home ;  and  the  Commons, 
finding,  with  horror  and  astonishment,  that 
some  of  the  conspirators  had  arrived  to  such  a 
height  of  wickedness,  as  to  engage  in  a  villain- 
ous and  execrable  design  of  layio&f  violent 
hands  on  his  majesty's  roost  sacred  person, 
are  thoroughly  sensible,  that  nothing  can  so 
efiWctuallv  contribute  to  the  safety  of  his  ma- 
jesty, ana  the  preservation  of  our  present  happy 
establishment  in  church  and  state,  as  a  perfect 
unanimity  between  the  two  Houses  of  Parlia- 
ment; and  have  therefore  desired  tliis  con- 
ference, to  communicate  the  said  Report  to 
your  lordships,  together  with  the  original 
papers  and  examinations  referred  to  therein  : 
and,  as  it  may  be  necessary  to  the  Commons, 
in  their  farther  proceedings,  to  have  recourse, 
from  time  to  time,  to  the  said  original  papers 
and  examinations,  they  do  desire,  that,  upon 
application  to  be  made  to  your  lordships,  the 
same  may  be  returned  to  them. 

*'  The  Commons  do  not  doubt,  but  that  the 
■amc  zeal  which  actuates  them,  will  likewise 
animate  vour  lordships,  in  the  vigorous  prose- 
cution or  these  wicked  conspirators,  till  they 
are  brought  to  exemplary  justice,  and  until  the 
united  resentments  of  both  Houses  of  Parlia- 
ment shall  convince  the  whole  world  of  the 
danger  there  is  for  the  most  subtle  traitors  to 
attempt  the  snhversieu  of  this  government ;  or 
to  endeavour  to  deprive  a  free  and  happ}' 
people  of  the  blessing  of  his  mKJcsty's  reign, 
and  the  succession  of  his  royal  family,  upon 
which  their  religion,  laws,  and  libeities  en- 
tirely depend." 

Resolved,  That  the  House  doth  agree  v«ith 
the  oommittrc,  that  the  same  ib  proper  to  be 
otfered  to  the  l^ords,  at  a  conference. 

Ordered,  That  a  conference  be  desired  with 
the  Lords,  about  matters  of  great  importance, 
velating  to  the  safety  of  his  msyesty's  perM», 
and  the  pmervataoD  of  our  prcKoi  happj^ 
estaUishment  in  church  and  lUte. 

The  Lordi  havii^  agraed  to  such  iQBfinppih 


Ordered,  That  BIr.  Speaker  dp  deliver  to  the 
members  appointed  to  manage  the  cooftmioei 
the  trunk,  Gontaimn||f  the  original  |iapeni 
letters,  and  examinations,  referred  to  b  the 
Report :  and  that  the  said  mana^ra  do  laave 
the  said  papers,  letters,  and  exanunatioos^  with 
the  Lords. 

And  accordingly  the  said  Report  vrat  em- 
municated  to  the  Lords,  and  the  same,  togUbcr 
with  the  said  original  fiapers,  letters,  andoa- 
minations,  was  left  with  their  lordshius. 

On  the  same  day,  at  the  desire  of  the  Lmdai     , 
another  conference  between  the  Houses  vis    ^ 
held,  wherein  the  Commons  were  infbnned|    , 
That  the  Lords  had  desired  this  conferenoe  It    ^ 
acquaint  tlie  Commons,  that  their  lordships  sib    , 
taking  into  their  consideration  the  Re|iort,  as4    ^ 
the  several  origiual  papers  and  exanunadosib*  i 
delivered  to  them  by  tbe  Commons,  at  a  ooft-    ^' 
ference,  in  such  manner  as  ihe  nature  sal  ■  | 
importance  thereof  requires  :  but,  as  the  CosN.  ^ 
mons  have  intimated  at  the  said  conftccMj^    / 
that  it  may  be  necessary  for  themp  in  iWr    _^ 
further  proceedings,  to   have  recourse,  Avi    |j 
time  to  time,  to  the  said  original  papcis  Mil  '  " 
examinations;   and  thereupon  desired,  fiui^   ^ 
upon  application  to  the  Lords,  the  same  an 
be  returned  ;  tbe  Lords,  being  desirous,  atst  , 
times,  to  keep  up  a  good  corresnondeim  wilk 
tbe  House  of  Commons  ;  and  being  satisfle^f  j^ 
that  it  can  never  be  more  necessary,  than  ||  l^ 
this  juncture;  have  taken  this  first  opportnai^   T] 
to  acquaint  the  Commons,  that  they  will  niwm/^ 
all  or  any  of  tbe  said  original  papers  and  esRI*. '  '^' 
minations,  from  time  to  time,  as  shall  be  dlr> 
sired  by  the  Commons. 

On  March  19th,  the  Attorney  General  piff- 
sented  the  Bill  a{;aiiist  John  Plunkett,  and  the 
Solicitor  General  that  against  Geom  Kslff - 
alias  Johnson :  both  Bills  were  read  afirst  tinpi^- 
and  ordered  to  be  read  a  second  time,  the  fa 
on  the  28th  of  tbe  same  month,  and  the  1 
on  the  1st  of  Aoi*il :  It  was  also  ordered,  ( 
copies  of  the  Bills  should  be  forthwith  sssll^- 
Plunkettand  Kelly  alias  Jolinsoui  respedii^p^ 
that  those  persons  should  be  allowed  pen,  aJBg" 
and  paper,  and  that  the  Attorney  and  T  "  ' 
Generals  should  take  care  that  the  evK 
against  them  respectively  should  be  Ka^M 
be  produced  to  liic  House  on  the  days  < 
pointed  for  such  second  reading. 

On  March  28iid,  Mr.  Young  presented  < 
Bill  against  the  bishop  of  Rochester,  ]"[^^ 
was  read  a  first  time,  and  ordered  to  be  re>^** 
second  time  on  the  fourth  of  April ;  and  ^^^i 
other  orders  were  made  as  had  been  msd^  ^ 
the  formtr  cases.  _ii«Z 

On  March  '^3rd  a  petition  of  George  IL^K 
clerk,  prisoner  in  the  To^er  of  London*  ^ 
presented  to  tbe  House,  and  read ;  setting ft>^ 
That  a  Bill  is  brought  into  the  House  fvr 
flictiug  certain  pains  and  penalties  upsp 
petitioner;    by  which  h^  may  be  v^rr  ^ 
aftcted,  in  case  thessmo  mM  m 
law:  «QdpmriHr.th**  i^         * 


and  others^  Jir  a  TreasonaUe  Ccmpiraci/.  A.  D*  -^TSS* 


[4aQ 


ill  assign  sir  Constantine  Phipps  and 
ant  Darnell  for  his  counsel,  and  BIr. 
aCaiOii  for  his  solicrtor ;  and  that  they 
!  free  access  to  him,  to  receive  his  in- 
in  private ;  and  that  he  may  bare 
lODS  of  the  House  for  such  nitnesses 
il  think  necessary. 
«  House  made  orders  accordingly, 
to  the  summons  for  witnesses. 
t  25th,  Mr.  8j)eaker  acquainted  the 
lat  he  had  this  morning  received  a 
a  the  lord  bishop  of  Rochester,  dated 
larch  23,  17S3,  that,  his  lordship 
ctrired  a  copy  of  a  Bill  for  inflicting 
lius  anfl  penalties  upon  him  for  sup- 
iics,  of  which  he  is  innocent,  he 
should  be  allowed  to  have  sir  Con- 
^ipps,  and  William  Wynne,  esq.  for 
lel  ;  and  IVfr.  Joseph  Taylor  and  Mr. 
Morrioe  for  his  solicitors,  to  assist 
tier  to  the  making  his  defence ;  and 
'  may  have  free  access  to  him  to  re- 
instructions,  and  give  him  their  ad- 
irate. 

9  House  made  orders  accordingly,  ex* 
fummons  for  witnesses. 
I  same  day  it  was  ordered.  That  the 
General  should  appoint  counsel  to  pro- 
I  manage  the  evidence  at  the  bar  of 
se  in   support  of  the    Bill    against 

i'lame  day  conferences  were  held  be- 
9  two  Huusf's,  wherein  the  Commons 
hat  the  letters  and  papct-s  formerly 

by  them  to  ihe  l/tnlK  might  be  re- 
>  be  used  upon  Plinikett^s  Bill ;  and 
s  accunliii(;iy  deiivercd  the  same. 
t  5th   of  Apii!  itic   pa()ers  were  re- 

tn  ihc  li^rds;    on  the  27th  of  May 
«  restored  to  the  Commons,  who  or- 
t  the  8|»eaker  should  return  them  to 
B  secretaries  of  state, 
e  27lh  a  petition  of  Cicorcre  Kelly. 
iconer  in  the  Tower  of  l/tnUon,  wns 
Itothe  [loose,  ami  read  ;  setting:  forth, 
Ke  the  petitioner  h;.t)i  been    allowed 
f  pen,  ink,  and  pn;ier,  hy  order  of  the 
ind  also  counsel  and  solirito-  to  advise 
I,  he  hath  proceeded  to  pre[inre  for  his 
agaiost  the  Bill  for  indicting  certain 
1  penalties  upon  him.     And  the  peti* 
ifaig  advised,  that  the  proper  time  for 
I  heird  afi^ajnst  the  said  Bill  will  he  at 
id  readlncr,  v.  liieh  i«  appointed  on  Mon- 
ti and  tlic  ev'.:if'nrc*  airainst  the  peti- 
C  then  to  atfind,  the  piiiticuier  finds  it 
ieto  be  reaOy  at  tli.'t  lime,  by  fcasiin 
lltb  and  varifty  "f  the  cliarfrts  alieged 
In;  that  Mr.  3Iii:h'iel  Biririin^^hani, 
iMi  messieurs  Bask  nuA    l^»r{^f»nio, 
■1^  reside  at  Purls,  and  Mr.  Our- 
^  Holoign,  in  France,  arc  ma- 
W  the'petitioucr ;   hut  the  said 
"^  ^t  petitioner  apprehends, 
Iheir  affairs,  and  make  a 
i^hr*  evidence  at  the  bar 
7bf ,  tiidi  the  lecond 


reading  of  the  said  Bill  may  be  put  off  till  Moif- 
day  sevenniglit ;  and  that  he  may  then  be  heard 
by  himself  and  counsel,  at  the  bar  of  the  House, 
against  the  said  bill ;  and  that  the  depositions, 
upon  oath,  of  the  said  Mr.  Birmingham,  Mr. 
Bask,  and  Mr.  Borgouio,  to  be  taken  at  Paris, 
before  a  public  notary,  or  before  some  or  one  of 
the  British  residents  there ;  and  also,  that  the 
deposition  ot  the  said  Mr.  Gordon,  to  be  taken^ 
upon  oath,  before  the  chief  magistrate  of  the 
town  of  Bnloign,  or  a  public  notary  there; 
may  be  admitted  to  be  read  at  the  bar  of  the 
House  as  evidence  for  the  petitioner.. 

Resolved,  That  the  said  petition  be  rejected. 

On  the  2Bth,  the  order  of  tlic  day  being  read, 
for  the  second  reading  the  Bill  Vor  indicting 
certain  pains  and  penalties  upon  John  PJunkett ; 

Ordered,  that  the  Speaker's  chamber,  and 
lobby,  be  cleared  of  all  persons  except  the 
counsel,  solicitors,  and  witnesses ;  and  that  the 
back-doors  be  locked  up,  and  the  keys  brought 
up  to  the  table. 

And  the  serjsant  at  arms  gave  an  account, 
that  the  Speaker's  chambers,  and  lobby,  weie 
cleared :  And  he  brought  the  keys  up  to  the 
table:  Where  they  were  locked  up  by  this 
clerk: 

And  the  counsel  were  called  in  : 

And  the  Bill  was  read  a  secimd  time : 

And  the  counsel  for  the  Bill  produced  ex- 
tracts of  several  original  letters  from  abroad, 
giving  intelligence^' the  conspiracy  mentioned 
in  his  majesty's  speech : 

And  the  translations  of  the  said  extracts  were 
read.  i 

A  copy  of  a  letter  stopped  at  the  post-office, 
being  produced  by  the  counsel  for  the  Bill,  and 
part  of  it  being  in  cypher,  the  decy  pherers  were 
examined :  and  the  officer  of  the  post-office,  who 
copied  the  said  letter  from  the  original,  %\  hich 
\y  aK  sent  forward,  was  also  examined : 

And  then  the  counsel  were  directed  to  with- 
draw. 

A  motion  being  made,  that  the  copy  of  a 
letter  stopped  at  the  post-office,  and  copied  by 
one  of  the  officers  belonging  te  the  said  office, 
the  original  letter  being  sent  as  directed  ;  be 
admitted  t«»  be  read  as  evidence ; 

An  amendment  was  proposetl  to  be  made 
thereto,  by  adding,  at  the  end  thereof,  these 
words,  *•  of  the  conspiracy  \n  general :" 

And  the  question  being  put,  that  t!iose  words 
be  added  at  the  end  of  the  question  ; 

It  passed  in  the  negative. 

Then  the  main  question  l>cin^  pnt ; 

TtosoUed,  that  the  copy  of  a  Tetter  stopped  at 
the  poNt -office,  and  copied  by  one  of  the  onicers 
beh'nging  to  the  said  office ;  the  original  letter 
being  sent  as  directed  ;  be  admitted  to  be  read 
as  evidence. 

Then  the  counsel  were  called  in  : 

And  the  said  copy  was  read : 

And  the  Ciiunsel  proceeded  to  examine  seve- 
ral persons,  in  relation  to  other  letters  stopped 
in  like  manner ;  and  also  to  several  ori^uial 
papers  and  letters,  iu  the  hand- writing  of  John 
Plunkttt :    And  Matthew  Plunkett,  leijeaBt  of 


«SI] 


9  GEORGE  I.  Proceedings  against  Bishop  Atterbury,  [432 


iDvalidi,  was  ixamined  as  to  discourse  between 
bim  aod  Jubn  Plunkelt,  id  relatioo  to  the  cod- 
spiracv : 

AnJ  tbcn  tlie  counsel  pro«luced  a  letter,  said 
to  be  w  rit  by  the  Pretender  to  John  Plunkelt, 
w  hen  he  was  at  Itoone : 

And  some  witnesses  were  examined  in  rela- 
tion to  the  said  Iciter : 

And  the  said  letter  was  read  : 

And  the  counsel  sunioied  up  the  evidence. 

And  then  the  counsel  withdrew. 

And  Mr.  Speaker  opened  the  Bill. 

Kesfdved,  that  the  Bill  be  committed  to  a 
committee  of  the  whole  House. 

Resolved,  that  this  House  will,  to-morrow 
inominff,  resolve  itself  into  a  committee  of  the 
whole  House,  upon  the  said  Bill. 

On  the  S9ih,  the  House  ordered,  That  the 
Attorney  General  should  appoint  counsel  to 
produce  and  manage  evidence  in  support  of  the 
Bill,  against  Kelly  alias  Johnson  ou  April  1st, 
and  that  he  should  be  heard  hy  counsel  ag«inst 
the  said  Bill  at  the  same  time. 

Orders  were  also  made,  that  Kelly  alias 
Johnson  should  be  brought  to  the  bar  on  that 
day  ;  that  a  list  of  his  witnesses  should  be  de- 
livered to  the  Speaker,  and  tliat  certain  persons 
should  attend  on  the  same  day. 

On  the  said  29th  of  March,  the  House  in  a 
committee  went  through  Plunkett^s  Bill  and 
made  amendments  thereto,  which  amendments 
were,  on  the  following  day  ^ported  and  agreed 
to  by  the  House.    And  on  ^ 

April  5th,  the  said  Bill  against  Plunkett  was 
read  a  third  time,  and  was  passed  by  a  majority 
of  254,  against  77. 

On  April  1st,  the  House  being  acquainted, 
that  Mr.  Serjeant  Darnel  had  declined  appear- 
ing at  the  bar  of  tliis  House,  as  counsel  for 
George  Kelly,  alias  Johnson,  clerk,  being  en- 
gaged in  business  at  the  assizes  in  Sussex ; 

Ordered,  that  Fetti place  Nott,  esq;  be  al- 
lowed to  be  council  for  the  said  George  Kelly, 
instead  of  Mr.  Serjeant  Darnel. 

Mr.  Chancellor  of  the  Exchequer  acquainted 
the  House,  that  several  papers,  relating  to  the 
matter  upon  which  the  House  is  to  pro(;ee4l 
this  day,  having  come  to  the  hands  of  the  lord 
Carteret,  one  of  his  majesty's  principal  si^re- 
taries  of  state,  his  majesty  had  directed,  that 
they  should  be  laid  before  this  House :  And  he 
delivered  them  to  Mr.  S|)eaker ; 

And  the  same  were  read  at  the  table  ;  and 
ordered  to  be  delivered  to  Mr.  Attorney  Ge- 
neral. 

Ordered,  that  the  said  papers  be  printed :  and 
that  Mr.  Speaker  do  direct  the  printing  thereof: 
and  that  no  other  |>erson  do  presume  to  print 
the  same,  but  such  as  he  shall  appoint. 

The  order  of  the  day  being  read,  fur  the 
second  reading  of  the  Bill  for  inflicting  certain 
pains  and  penalties  upon  George  Kelly,  alias 
Johnson ; 

Ordered,  that  the  Speaker's;  chambers,  and 
lobl>y,  lie  cleared  of  all  persons,  except  the  pri- 
fooer,  the  officen  of  the  Tower,  the  cevnacl, 
■alicitonii  aud  witiK 


And  the  serjeant  at  anns  acquainted  tlie 
House,  that  the  S|ieaker's  chambera  aod  kdibj 
were  cleared  accordingly. 

Ordered,  that  the  serjeant  at  arms  do  stand 
with  the  mace,  at  the  bar,  whilst  the  prisoner 
is  there. 

Ordered,  that  the  Bill  for  inflicting  certain 
pains  and  penalties  on  (leorge  Kt-lly,  alias 
Johnson,  be  read  to  the  prisoner,  and  the  coun- 
sel, VI  hilst  they  are  at  the  bar. 

Then  the  deputy -governor  of  the  Tower, 
attende<l  by  several  of  the  wardens,  bniuglittlie 
prisoner  to  the  door  of  the  House :  Wliere  the 
serjeant  at  arms  received  the  prisoner,  and 
brought  him  in  to  the  bar:  and  the  aegeant,  or 
his  deputy,  stood  on  the  prisoner's  right  hand, 
with  the  mace  in  his  hand,  resting  itoothe 
floor  all  the  while. 

Then  the  counsel  for  and  against  the  Bill 
were  called  in : 

And  the  Bill  was  read,  in  the  presence  of  the 
prisoner  and  counsel : 

And  the  counsel  for  the  Bill  opened  the  evi- 
dence ;  and  produced  a  scheme  taken  anHmgrt 
Mr.  Layer's  papers ;  which  was  read :  and  af- 
terwards produced  a  copy  of  a  letter,  written  in 
cyphers,  stopped  at  the  post  oflice : 

And  tlie  counsel  against  the  Bill  ohjectingto 
the  reading  the  said  letter  as  evidaice; 

The  counsel  on  both  sides  were  hearti  thereto. 

And  then  the  prisoner  and  counsel  wilbilrew. 

Anil  the  question  being  put,  that  the  copy  nf 
a  letter,  written  in  cyphers,  and  stopped  at  the 
post  office,  and  copied  hy  the  officers  of  the 
said  office,  the  oritrinal  letter  being  sent  as  di* 
rectcd ;  and  the  said  c(»py  being  decyplicreil, 
and  testified  by  the  dccypherers  to  be  truly  de- 
cyphered,  be  adniitte<l  to  be  read  as  evidence; 
it  was  resolved  in  the  affirmative,  by  275  agaiait 
123. 

And  the  prisoner  and  counsel  were  called  ia; 
and  Mr.  Sjicaker  acquainted  them  with  the  sail 
resolution  : 

And  the  said  copy  was  read. 

A  paper  of  Ji>hu  Plunkett'a  hand-writifl|; 
taken  in  his  lo<liriiig,  being  offered  as  eviilcoce 
by  the  counsel  fur  the  Bill ;  and  it  iHfing object- 
ed to  by  the  counsel  against  the  Bill ; 

Thecounsel  ou  lM)th  sides  were heani tlierda* 

And  then  the  prisoner  and  counsel  witbdrev. 

KeMdved,  That  a  pa|ier  in  John  Plunkeu'* 
hand -writing,  taken  by  one  of  his  majesty^ 
messengers,  %i  hen  the  said  Plunkett's  ludsinc* 
wre  scarchetl,  and  his  |ia|iers  seized,  t^ 
bnnight  up  to  the  talde. 

And  the  prisoner,  and  the  counsel, 
called  in;  and  iMr.  Speaker  acquaiuied 
with  the  said  n^ulutiou : 

And  the  said  pa|ier  was  brought  up. 

The  copy  of  a  IcUer,  dated  London,  31  May» 
1722,  signed  J.  Itogers,  stopiied  at  the  puil- 
houhe,  being  oflered  to  be  reaa  by  the  ooMtfi 
fur  the  Bill ; 

And  the  same  being  objected  to  by  the  eMA- 
id  against  the  bill,  as  not  being  examined  wM 
the  original  letter  by  the  derk,  who 
iaid  letter  j 


f  othgrttfnr  a  Treasonable  Conspiracy.  A.  D.  1723. 


[4SI 


Vbc^Ociiaset  on  both  vules  >vere  heard  thereto. 

,  ibid  theti  the  iiri&oner  and  counsel  withdrew. 

maile,  Lliat  the  copy  of  « 

I.  May  31»  1722,  signed  J. 

,k(0|i|»«^  ttt  ibe  (M>st'Otfice,  and  copied 

of  the  officers  belonging  lo  the  t^aid 

I  ^  iter  b«iug  sent  as  directed  ; 

eSAi  m)  aft  evidence ;    the  bame 

ihns^  (irovvti  to  tie  eianriiued  with  the  ori- 

Btlktier; 

4i  loirndmirDt  wtu  proposed  to  be  made  to 
%i\tm^  by  leHv  ing  out  these  word«,  **  the 
lit  heing  orov^d  to  be  examioed  with  the 

itht  qoefttion  heio^  put,  that  those  words 
I  paft  of  the  question  ;    it  passed  ia  the 
"te,  by  *2<31  against  100. 
Ren   the  m«iQ  question  \\^m^  put,  that  the 
If  of  ft  iKter,  dated  London^  May  31,  1722, 

J .  Rogers,  stopped  at  the  pOflt-o6]ce|  i 

0  o>p>cil  b^  on?  <if  (he  ofl[icert  belong iDg  to 

iMUQoifice;  <  >al  tetter  I ^ia|yr  sent  as 

I ;    be  ii  '1^  read  a»  evidence  ; 

rwlteU  lu  tbe  atfirmative,  231  against 

Its. 

I  ibcsi  the  priioner  aud  counsel  were  caUed 
i\   «mI   Mr.  Speaker  ao^uainted  them  with 
KMil  re^ointion; 
AoJ  tkeiaki  letter  was  read  : 

I  sJbo  another  letter,  dated  June  31,  1722* 
cKftotifiation  vf  Philip  Neyooe  (who«  in 
attunisg  to  make  his  escape  out  of  the 
%y  of  «  messenger,  was  drowned)  being 
iC  b^  tiie  counsel  for  the  Bill,  to  he  read  *, 
iifOiftcd  to«  and  at\er  hearing  counsel  on 
I  mim,  tlie  same  was  admitted  to  he  read ; 
[  104  farther  wrttteo  evidence  in  support  of  the 
1  Ui  was  rt«i4. 

0a  jlpril  *ldj  the  evidence  in  support  of  the 

Ml  wai  concluded*     Then  the  counsel  for  the 

1     '     i     ■    '  « %      The  counsel 

mmI  opened  their 

If  Ml  til  viiiut^isses,  and  sum- 

■ice. 

.  Utlly  alias  Johnson  was  heard 

:  for  t1.i.  JKA\  rppHed; 

Uhdrew. 

'  be  cotumitted  by 
i  46  against  ioO, 
a  day  it  w«ut  through  the  coui- 

I  f^n  4f  rt!  0,  it  was  read  a  third  timei  and 


rtjd,  That  the  Attorney 

Dunsel  to  produce  and 
'  bir,  on  the  morrow, 
agaiJist  the  bishop  of 


own  innocence,  did,  on  several  accounta  decline 
giving  this  House  any  irt^uhle  in  ddv  :  ancf 
contented  himself  with  the  <  ' ,  if  the 

Bill  goes  on,  of  making  his  Hi  tote  ano- 

ther, of  which  he  hath  th^  honour  to  be  « 
ID  em  her.* 
The  counsel  for  the  Bill  were  called  in* 


I  n\  liic  iiiii 


a|Hii  4.  Mr*  ^pt«k«r  acquainted  the  House, 

[  Vhit  kve  boid,  aince  W  had  takeo  the  chair,  re- 

1  a  letitf r  from  the  lord  bishop  of  iiochester; 

iHkirJi  h^s  lordahip  drsirrd  might  he  oomCQIIQi' 

)  ibe  Moose:   aud  Mr.  tspeftkof  read 

I  sold  ietlci  to  the  Mouto,  comaiokig  hi  tub- 


*  "^Jarch  29.  A  petition  of  Francis  lord 
htshop  of  Rochester,  prisoner  in  his  majesty *• 
Tower  of  London,  was  presented  to  the  lloufte« 
and  read  ;  setting  forth,  That  by  oidcr  of  the 
House  of  Commons,  he  has  received  a  copy  of 
a  Bill,  for  inflicting  certain  pains  and  penaiiiea 
upon  him,  for  supposed  crimes,  of  w  iiich  he  is 
innocent:  that  by  soother  order  of  the  said 
House  ^upon  the  petitioner's  letter  to  the 
8peaker,\  counsel  and  sohcitors  are  allowed  to 
come  to  him,  to  assist  him  in  the  luakiug  his 
defence^  But  the  petitioner  finding  hy  a  stand- 
ing order  of  this  most  honourable  House,  of 
the  20th  January,  1673,  that  no  lord  muv  ap- 
pear, by  counsel,  before  the  House  of  Cont^ 
moDs,  to  answer  any  accusation  there ;  be  is 
under  great  difliculty.  And  that  he  may  uot 
do  any  tiling  which  may  give  offence  to  their 
lordships,  and  l>e  derogatory  to  the  rights  of 
peerage,  in  which,  as  a  member  t  t  '^/■  ■  M  sTse, 
he  has  the  honour  toparLike;    i  uer 

humbly  prays  their  lord slups*  dii\.^.*...i..,iv>»  bis 
conduct  in  this  behalf. 

*•  And  the  said  standing  order  being  read : 

'*  A  motion  was  made, 

**  Aud  the  question  was  put,  That  the  biiihop 
of  Rochester,  being  a  lord  of  parliament,  ou;^ht 
not  to  answer,  or  make  his  rlefence,  hy  counsel 
or  otherwise,  in  the  House  of  CommoiiS|  to  any 
bill  or  accusation  there  depending  ? 

**  It  was  resolved  in  the  negative, 
**  Dissentient, 

**  1st,  Because,  we  conceive  the  prrmilfini; 
the  lord  bishop  of  Rochester  to  make  his  ilf- 
fence  in  die  House  of  Commons,  would  he  di- 
rtcfly  contrary  to  the  words  and  ineaotng  of 
the  standing  order  of  the  House,  bearing  date 
'joih  January,  1673,  which  expressly  and 
clearly  orders,  that  for  the  future,  no  lord  («  hieh 
extends  to  lords  spiritual  as  well  ns  Icmpoml) 
shall  go  dovvn  to  the  House  of  Cumiuoiu),  or 
send  his  answer  iu  writing,  or  appear  by  coua- 
seJ,  to  answer  any  accusation  there .^  And  it  is 
observable,  th»t  this  order  is  worded  absolute- 
ly, and  not  oualilied  by  the  worthy  ♦  without 
leave  of  the  House,'  as  the  folU^ 
order,  of  ^,^th  of  Novoinhcr,  16" 


^V^^    At  I. 


though  ci^ucioui  of  bia 


hibits! 
tnous 

frfiin  ' 

vented  was  the 
desiring  it,  to  apjA 


into  the  Ho u:r  ot  Liuu- 
is  *iitting,  is  quaUfied  ; 
-    lig,  us  well  as  iroti> 

rst  nientione^l  order 
designed  tube  pre- 

e,  iu  eases  of  lords 

.    ,,.i^Wer  aCC0«2^t^^"^^*    "«« 


the  House  of  Commou<i.)  vi  e  inlet .  th  ; 
order,  of  Jjiuunrv.  1u7r..  was  mean i 
fur  all  '  '''ave should  be  ask* 

ed  by  :.  i  i  lo  answer,  or  make 

a  detence,  to  an  av^cuiaiiuu  (in  any  fpni>»  aa  ^i 


9  GEORGE  I.  Proceedings  against  Bishop  AUerhuryt 


435] 

The  Bill  was  reaJ ;  the  coansel  opened  their 
CTidence :  papers  were  read  aud  witnesses  exa- 
amined ;    the  counsel  sammed  up   the  e?i- 

conceive)  in  the  House  of  Commons,  it  oiig'ht 
to'  be  denied,  as  deeply  intrenching  on  the  pri- 
rileges  of  this  House. 

"  2ndlyy  The  said  standby  order,  in  affirm- 
ance of  which  the  question  was  moved,  ought 
to  be  of  the  gieater  weight,  in  our  opinions  ;  it 
haying  been  founded  on  the  consideration  and 
report  of  a  committee  (to  whom  it  was  particu- 
larly referred  to  consider  the  practice  of  lords 
desiring  leave  to  answer  accusations  in  the 
House  of  Commons,)  on  the  perusal  of  prece- 
dents in  that  committee,  and  upon  serious  con- 
sideration and  perusal  of  the  same  precedents 
in  the  House  itself. 

«*  Srdly,  We  cannot  apprehend  but  that  a 
bill,  by  which  crimes  are  chargcil,  and  a  pre- 
)iaration  is  made  to  inflict  penalties  if  the  crimes 
are  proved,  contains  very  cleariy  an  accusa- 
tion ;  especially  when  a  day  is  given,  and 
counsel  allowed  by  the  House  of  Commons,  to 
the  person  against  whom  the  crimes  are  iil- 
leged,  to  make  a  defence  to  the  same;  which 
proceeding,  though  in  the  legislative  capacity 
of  that  House,  carries  in  it  all  the  essential 
parts  of  a  judicial  trial :  and  we  therefore  con- 
ceive, that  this  House  ought  to  be  more  jealous 
of  their  members  answering  in  the  Honse  of 
Commons  an  accusation  in  this  form,  rather 
than  in  any  other,  since  thereby  they  submit 
themselves  to  try  the  point  of  their  lieing  guil- 
ty or  not  guilty  in  the  House  of  Commons ; 
and  that  in  order  to  receive  the  sentence  and 
judgment  of  that  House,  by  parsing  or  rrjcct- 
ing  the  bill :  and  this,  in  'our  opinions,  more 
deeply  intrenches,  as  the  standing  order  ex- 
presseth  it,  on  the  privileges  of  this  House,  than 
a  lord's  going  down  to  the  House  of  Commons, 
during  a  debate  there,  to  prevent  an  impeach- 
ment, doth ;  the  latter  being  only  to  pre\  cnt  an 
accusation  ;  but  the  former  is  (as  we  clearly 
conceive)  to  answer  an  accusation  there,  the 
very  thing  prohibited  by  the  standing  order. 

*^  4tlily ,  \Vc  think  the  accusation  which  lords 
are  prohibited  to  answer  by  this  standing  order, 
must  be  chiefly,  if  not  only,  uiiderstocKl  of  an 
accusation  couched  in  a  bill  (as  in  the  present 
case) ;  since  we  never  licurd  that  aii}'  lord  of 
(>:irliamnnt  did,  at  any  time,  answer  to,  or  dc- 
tend  in  person  nr  by  counsel,  an  impeachment 
III  the  House  of  Commons,  thon;;h  they  mny 
liave  gone  down  to  that  House  by  conuivarKi*, 
to  prevent  such  impeacbiutint ;  and  therefore 
lords  defending  thcmsi-lves  in  the  House  of 
Commons,  aguinst  an  impeachment,  could  not 
be  the  mischief  intended  to  be  cured  by  the  said 
fitunding  order. 

**  5thly,  That  the  House  of  Commons,  on 
bills  to  Inflict  penalties,  do  proceed,  strictly 
Vpcaktng,  in  their  legislative  capacity,  is  cer- 
tainly true ;  and  yet  it  is  plain  to  us,  that  in 
ivaiity  they  partake,  in  such  cases,  with  the 
flouse  of  Laifda  id  the  judicitare  \  or  which  is 
"^lo^  in  trjruig  And  wy^'i'iuv  ^ff^^^n  to 


[436 


deuce  and  withdrew.  The  Speaker  opened 
the  Bill,  which  was  ordered  to  be  committed  on 
the  morrow. . 


punishment :  and  though  the  Lords  should,  in 
very  extraordinary  cases,  think  fit  to  concur  in 
sucn  a  method  or  punishing ;  yet  it  is,  in  our 
opinions,  going  by  much  too  far,  for  the  Lords 
to  permit  any  of  their  body  to  make  defence  in 
the  House  of  Commons,  either  by  himself  or 
counsel,  which  is  letting  themselves  down  to  a 
very  great  degree,  and  giving  an  unnecessaij 
encouragement  to  that  manner  of  proceeding. 
And  when  lonls  have  so  far  submitted  to  this 
course,  we  think  there  is  little  reason  to  expect 
that  afterwards  the  Commons  will  ever  appear 
at  the  Lords'  bar  as  accusers,  when  they  can 
by  this  way  make  themselves  as  much  judges, 
even  over  lords,  as  in  this  proceeding  oy  bill, 
the  Lords  themselves  are. 

"  6thly,  Though  lords,  by  not  being  per- 
mitted to  appear,  either  in  person  or  by  cooo- 
sel,  to  defend  themselves  in  the  House  of  Com- 
mons, may  be  thought  possibly  to  lose  some 
advantage  in  their  defence;  vet  we  think  it 
was  and  is  the  tnie  meauing  of  the  said  stand- 
ing order  first  mentioned,  that  a  lord  should 
rather  sufler  somHliing  of  inconvenience  in 
that  particular,  and  commit  his  cause  to  God, 
and  the  justice  of  the  House  of  which  he  is  a 
member,  and  who  are  his  proper  Judges,  than 
in  any  degree  debase  or  derogate  from  tbe  l^fal 
stale  and  dicruity  of  the  lionls  in  general. 

**  7thly,  Although  there  be  (as  we  conceive) 
a  very  manifest  and  important  diflTerenoe  in 
reason,  as  to  the  matter  of  tliisquestion,  between 
the  case  of  bishons  (\%  ho  are  declared,  by  the 
standing  order  ot  the  23rd  May,  l(i28,  to  be 
only  lonls  of  parliament,  and  not  |»eers,  for 
they  are  not  of  trial  by  nobility)  and  that  of 
peers  of  tlin  realm,  who  undoubtedly,  for  mat- 
ters of  treason  and  felony,  are  triable  by  tbeir 
peers  only ;  yet  since  hy  the  standing  order 
first  mentioned,  bishops  are  as  much  and  n 
cleurlv  prohibited  to  answer  any  accusation  in 
the  ifouse  of  Commons  as  the  Peers  or  Lords 
temporal  are,  we  cannot  but  aj^prehend,  with 
the  deepest  concern,  that  this  case  may  beiisai 
hereaHcr  as  a  prece<lent  (though,  as  we  take  it, 
far  from  being  a  precedent  in  point,)  to  bring 
by  dtcrrfes  the  Peers  of  the  realm  to  defend 
tficmselvcs  against  accusations  of  the  like  M- 
ture  in  the  House  of  Commons  ;  which  if  once 
broii:ri)t  to  l>e  a  practice,  we  are  of  opinion,  that 
the  Peers  of  thert>alm  would,  in  great  measure, 
l>c  degrudul  from  their  peerages ;  and  so,  by 
weakening  and  debasing  the  onler  of  nobility, 
which  in  its  institution  was  meant,  or  at  least 
hath  proved,  a  lustre  and  security  to  tbecrova, 
the  safely  as  well  as  dignity  of  the  crown  itself 
tuay  be  hereafter  in  a  great  degree  iinraire^ 
8  'arsdale,  Dartmouth,  Cowper,  Gowerg 
Bathurst,  Bruce,  Guilford,  Trrvor, 
Compton,  Straflord,  Litchfiekl,  Aylea- 
ibrd,  Arundell,  POulett,  Hay,  Aabbnni- 
liam,  Uxbridge,  Foley.  Bingleyp  W«« 
ton,  Moofjo/. 


4J7J  and  oihirs^  for  A  Treasonable  Compiracy.  A.  D.  17SS.  [4S8 

PaoCEEOmOS  «N  TBE  HoUSE  OF  LOBDS. 

0»i  I^InrcJi  16ih  the  House  of  Lonln  ri-ferred 
the  fleport^  togetlier  with  the  sev^'nil  |i.»|>ersile- 
liveretl  lU*r«?>vith  by   tlie  House  ot  Cominoni 

nun««  coiisimiufe'  ot  oine  lords  choneo  iiy  bailot^ 

His  (frnce  the  duke  of  Montrose,  bis  grace 
the  ihtk©  of  Dof^pt,  the  vm\  nf  Lmcolo»  i\\% 

cMil        :      V  '  t  of  lUy,  vwcount 

f  ,i>  ^ri,    lord  hiNhop  of 

Sii«M»ury,   ^MiJn.sji     i<iru    itlshop   of   LillCOla, 

(Gibson,) 

This  committee  mucfe  ihdr  Report  on  April 

23rJ,  v^hich  wtts  us  follows; 

The  committee  to  whom  ihe  Report  ant!  ori- 
g^insil  pa|>er8  relating  to  the  coospimfy,  deli- 
vered by  the  Huu^e  of  Common*  nt  several 
coiifereiices,  were  retcvred,  and  who  were  em- 
[lowered  by  your  lordships  lo  examine  Chru4o* 
pber  Layer,  and  such  f>iher  persons  as  I  hey 
from  tiine  to  lime  shotild  think  proper ;  havm^ 
carefully  fomparfd  the  suid  Report  v^  ilh  the  on* 
gritial  papers  referred  to  them^  aod  haviny^  exa» 
mined  several  persons  in  relation  to  the  treason-* 
[ible  practices  and  corre^jjomiences  therein  set 
forth,  are  fully  sattsfud  and  convinced,  that  ft 
ileteslabk  an*!  wicked  conspiracy  has  been 
formed  and  carried  on  ^^yr  sulicilingf  a  forciini 
force  to  iurade  theje  kingdoms,  for  raisini^:  a 
rebellion,  and  inriimg  insurrections  in  Loudon^ 
and  divers  other  parts  of  Great  Britain,  and 
e?en  for  laying  violent  hands  on  the  sacred 
person  of  his  majestv,  and  on  bis  royal  high- 
ness the  prince  of  Wales,  in  order  to  destroy 
our  relisrion  and  constilution,  by  placing  m 
Popish  Pretender  on  the  ihroue. 

Aod  the  lords  committees  think  themselvet 
obliged  injustice  to  observe,  that  the  extraordi- 
nary vji^ance  and  apphcation  which  has  been 
shewn  by  the  Houae  of  Commons  in  detectiuf 
this  scene  of  iniquity,  and  laying  it*  moist  hid- 
tlen  spring  in  so  lull  and  clear  a  li^ht,  as  it 
has  p-eaily  contnbiited  lo  the  prublicaafety,  by 
opening  the  eyes,  and  awakening  the  jusi  re- 
sentment of  an  injured  nattoo;  so  it  cannot 
fail  10  excite  a  proportionable  zeal  and  eumla- 
tion  in  your  lordships,  for  concurring  with  thai 
Honse  in  the  no  less  necessary  work  of  bringing 
the  authors  of  these  wicked  det^ignsto  such  ex- 
emplary puoinhroenl,  as  may  be  a  laMtmg  ad» 
roonilif>n  to  posterity,  that  artilice  and  disgui«e 
can  no  more  leHwen  tlie  danger,  than  miitgata 
the  guilt  of  treason  ;  and  that  they  act  under  a 
fatal  delusion,  who  hope  to  abuse' the  lenity  of 
our  law«  to  the  ruin  of  our  conktitution. 

The  lords  <K>mmitlee9  think  it  a  strong 
con6rmation  of  the  truth  and  exacinesa  of  the 
said  Re(H)rt,  that  several  tnalerial  obstfrratioof 
which  are  there  advanced  a*  grou^*'*  *« '»"  "fo- 
hahle  conject urea  only,  have  amct  i  >'y 

verifn  d  imd  St  lit  ported    by   fre^h  ''i*» 

an  topers  lately  referred  to  liiem 

by  ;.  ;    i  which  papers  are  coutain«U 

lu  aa  appviiduc  annexed  to  this  Rc^rt. 


A|nl6,  The  Bdl  went  through  the  com- 
mlinm  iritb  ajnaudments,  which  were  reported 
dllseSUi. 

Anil  <ifi  Ilia  9tb  llic  Bill  was  read  a  third 
md  |»asaed. 

r  I   -I   1  Mr'Mi'n  v'Hs  made.  That  the  bishop 
l;     :  .    !•  !  "i      !    :  :  I  :tv  tn  make  his  defence 
<»us,  in  person  or  by 
«.  \i, 

I    ^  ":^iti  of  April, 
viljfor  dis 

ip^^^ii;   '*>u»i  fi    sijjkijuii^    i>i!Ji_i   \n    iiiis    House, 

ivfliiMS  diiy  It  i:<  made,  hiiug  read  \ 
**  AmuI  a  i|uejitiun  being  stated  upon  the  said 

Ifif-r  itf'tiate; 

HIS  ciurstion  was  put,  Whether 
u  %UA\  be  now  pui? 
^rvBulvetl  in  thr  iifJinnulive. 
Hhr  m:iin  rjite^iion  wns  put.  That  the 
i  be  at  lilierty  to  nrake  his 
.1-  of  Commons,  in  person 
'  cuu:iu.l,  ii  Lf  shall  think  tit  ? 
Il  «*aa  residvetl  jti  tbe  uflirmative. 
**  II«m'n    '    '  ■         ^     ^     iiritual  and  tern* 
pnl  u»   |>  1,  That  the  lord 

WrafiiiC   1  >JL'  111  ii'Mrty  to  make  hi« 

4d^ire  h*  ^"^  of  Commons,  iu  person 

mhy ..u  tbinkfit. 

•M  I  uikuian  uslicr  of  the 

UKk ,  -  ..   i.-^  1 iJouse  do  forth  rt  ith  ac- 

i  thr  lurd  bishop  of  Roclieater  with  the 
[  ftrsAti«tk»n/' — Lords'  Journal. 

|fr«  Ritirn  (Precedents,  vol.  4,  title  Im- 

isrri^  >  to  art.  24,)  notices  that 

ke  1  ^ham  (see  hi»  Cas^  vol.  6, 

4)  li  ^  request  been  admiltetl  into 

.ns,  and  heard  on  the  14lh, 
^Uiciifj  oi  Arlington  (see  his  Case,  vol. 
ti^a.  lOIiO)  on  the  15th  of  January,  1673-4, 
ip4ocrd  ihe  Lords  on  the  latter  of  those  days 
la  rtf^r  ii  to  ihe  committee  of  prtti leges  to 
•KTch  the  Journal,  what  hath  bein  formerly 
fht  practice  m  such  cases.  On  tlie  20th  of 
Ui€  committee  report  ^^  that  their 
lUlTe  a^rclicd  and  pcrOKed  several 
la.  and  thereupon  conceive  that  it 
U  into  the  privileges  of  this 
I  ♦jf  this  Hou^e  to  answer 
9t»«i.t^ti  it!  lilt-  HrMi^i-td  C'Ommons,  either 
r»n,  or  by  s^-fjiiiuif  hi«  answer  in  anting, 
"■re."  Upon  serious  con- 
'>f,  and  perusal  of  the  said 
LU'  '*  That  for  the  future 

sh  >wn  to  the  House  of 

oti-*  .iiswer  in  writing,  or 

t»>  "}  answer  accuaation 

v>  io  b«  committed  to  the 
r  Tower,  duriog  the  plea- 
-         -  '      And  it  ia  ordered,  that 
9  added  to  the  roll  of  ilic  standing 


d 


439] 


9  GEORGE  I.  Proceedings  against  Bishop  Atterlmn/f         [440 


The  intelligence  sent  by  colonel  Stanhope, 
anil  lir  Anlhony  Westcorobe,  in  relation  to  the 
Pretender's  ships  under  Morij;an»  as  well  as  the 
explication  gi?en  by  the  committee  of  the 
Mouse  of  Commons  tosereral  of  the  fictitious 
names  in  the  intercepted  correspondence,  is 
very  much  illustrated  and  confinned  bv  papers 
seized  on  board  the  ReTolution,  and  by  the 
examinations  ofsome  of  the  prisoners  belong- 
ing to  that  ship. 

It  appears  by  those  papers  and  examinations, 
that  Moiigan,  who  went  by  the  name  of  Walton, 
and  Gallwey  (an  Irish  Roman  Catholic),  who 
went  by  the  name  of  Gardiner,  with  others 
acting  under  their  direction,  haire  for  sereral 
years  past  been  employed  in  fitting  out  ships 
under  fenglish  colours,  which  were  ready  on 
all  occasions  to  attend  the  motions  of  the  Pre- 
tender, who  in  several  of  the  letters  is  styled 
their  king,  and  their  royal  master.  That  the 
money  for  these  ships  was  supplied  partly  by 
persons  in  £nglana,  partly  by  Waters  the 
banker  at  Paris,  and  partly  by  the  late  duke  of 
Ormond.  That  one  of  these  ships,  in  the  year 
1719,  was  sent  by  Morgan  to  the  Groyne,  with 
an  express  to  fetch  the  late  duke  of  Ormond  to 
England  ;  at  which  time  it  appean  that  Mor- 
gan and  Gallwey  were  promised  a  supply  of 
fifty  thousand ponndsfrom  friends  in  England  ; 
that  others  or  these  ships  lay  hovering  about 
the  coast  of  firitanny  from  the  year  1718  to 
1731,  expecting  to  be  employed  either  by  Cane 
and  Cbivers  (general  Dillon)  or  by  Here  (sir 
Harry  Goring),  in  what  they  call  their  home 
trade.  That  m  the  year  1721,  despairing  of 
any  employment  of  this  kind,  on  account,  as  is 
expressed  m  one  of  their  letters,  of  Here  and 
bis  partners  being  cowards  in  trade,  they  en- 
Cfsged  themselves  in  the  service  of  the  Swedish 
Madagascar  company,  and  in  December  1721, 
rendezvoused  in  the  Bay  of  Cadiz  for  this  pur- 
pose ;  but  this  project  likewise  failing,  on  ac- 
ooimt  of  some  deficiency  on  the  part  of  the 
Swe<lcs,  Morgan  waited  on  the  late  duke  of 
Orn^ond  at  Madrid,  and  was  by  him  supplied 
witli  twelve  thousand  pieces  of  eight,  for  fitting 
out  the  ships  Lady  Mary  and  Revolution  for 
the  Pretender's  service ;  soon  after  Morgan's 
return  to  Cadiz,  the  arms  and  ammunition 
which  had  been  prepared  for  the  Madagascar 
voyage,  consisting  of  two  thousand  muskets, 
two  thousand  bayonets,  one  thousand  carbines, 
four  hundred  barrels  of  powder,  and  a  propor- 
tionable Quantity  of  match,  flints,  &c.  were 
oonsi&fned  to  Morgan,  and  by  him  put  on  board 
the  Pretender's  ship  called  the  Lady  Mary ; 
and  Morgan  having  embarked  on  board  the 
said  ship  with  several  Irish  officers,  set  sail 
from  the  bay  of  Cadiz  the  latter  end  of  April 
1722,  and  went  'irst  to  Sancto  Antonio,and  then 
|ft  Sancto  Andero  in  the  bay  of  Biscay. 
■  Tlieoommitlee  having  sent  for  Mr.  Gnstavns 
•  <^BiiHy  oaptain  in  the  Swedish  ser- 
^Nhisr  at  Gadis  on  aeeoont  of  the 
I  to  trans- 
and  the  other 


■UU  Ulafc    tUV  ariu«   wiv  |*«Mia    swa     «H« 

d  money.    And  Morgan's  aon  bemjg 

by  the  committee,  owned  thit  iua 

Dt  at  that  time  to  Madrid  ;  UMt  fkm 


"T?;; 


formed  by  him,  that  the  arms  above- mentioiMd 
were  brought,  part  of  them  from  Gottenbuif, 
and  part  from  Hamburg,  by  one  of  the  Pre- 
tender's  shi|is,  named  the  Fortune,  eommaadod 
by  one  Butler.  That  9,000  of  the  said  amH 
belonged  to  the  Swedish  Madagascar  company, 
and  were  delivered  by  him,  B4hr,  to  Morgan* 
That  the  remainder,  which  belonged  to  ooont 
Rhenstiema,  a  Swede,  were  also  purchased  \if 
Morgan,  but  not  till  some  weeks  after  the  finl 
2,000.  That  Morgan  went  to  Madrid,  and  ra- 
turned  with  12,000  pieces  of  eight  in  bills  and 
money,  which  sum  lie,  B&lir,  saw  in  Morgan*! 
hands.  That  baron  Seebach,  and  one  Ostboff 
(who  are  freonently  mentioned  in  Morgan's 
letters),  as  also  count  Rhenstiema'a  agort, 
who  ddivered  the  arms  to  Morgan,  da- 
clared  to  him,  B&hr,  since  his  return  tu  Gal* 
tenburg,  that  Morgan  was  supplied  withtiiesn 
12,000  nieces  of  eight  from  the  late  duke  of 
Ormond,  and  that  the  arms  were  paid  for  ont 

of  the  said  i ^"•'  »*-««.«»-  m^  %^mm 

examined 

fttberwent' 

late  duke  of  Ormond  was  then  there,  and  Ihift 

his  father  did  there  receive  bills  for  littiag  Mft 

the  ships,  but  from  whom  he  cannot  tell. 

Bihr  farther  declared,  that  all  the  Swndidi 
officers  at  Cadiz  looked  on  Morgan'a  ahipa  as 
belonging  to  the  Pretender,  and  •poke  of 
them  m  all  conversations  as  such,  which  was 
confirmed  to  him  expressly  by  baron  Seebscii 
and  Osthoff.  And  one  of  the  sailors  of  thn  said 
ships  owned  to  the  committee,  that  they  went 
from  port  to  port  without  taking  in  any  cargo; 
that  they  hail  sometimes  but  sixty,  and  some- 
times 130  men  on  board  the  Revolution,  and 
often  received  orders  for  sailing  with  all  posstbia 
expedition ;  which  orders  were  afterwards 
countermanded,  without  any  apparent  reason 
for  one  or  the  other ;  and  that  this  unae* 
countable  proceeding  satisfied  him  the  said 
ships  were  engsged  in  some  unwarrantaUa 
dengn.  BIkhr  farther  declareil,  that  Osthoff 
told  him,  the  ship  Revolution  was  at  first  pur- 
chased in  England,  for  transporting  the  lain 
king  of  Sweden  in  person,  in  hia  projected 
descent  on  Scotland ;  and  that  he,  BUir,  wkw 
the  name  Carolus  still  sUnding  in  the  cabin  «C 
the  said  ship,  when  he  was  last  on  board  her* 
And  Morgan's  sou  owned,  that  he  had  obwrved 
the  arms  of  the  crown  of  Sweden  in  the  said 
cabin,  which  he  supposed  were  plaoed  them 
as  a  token  tliat  the  said  ship  was  engaged  in 
the  service  of  the  Swedish  Madsgascar  com* 
pany  ;  though  lie  owned  that  the  other  ahipa 
engaged  in  the  same  service  had  no  sndi 
token. 
Some  of  the  particulars  above  reUted,  da 

very  much  explam  and  confirm  O ^"a  letlK 

to  L-. —  of  the  27th  of  April,  as  also  thoaa  to 

Dumville  and  Dodsworth,  in  which  it  is  oai<' 

;  that  the  hopes  of  remittances  from  persona  in 

'  England  had  induced  O to  lujHHy  M— ^■ 

I  (which  appears  to  be  Morgan).    That  O— 

I  jDOuld   depend  on  2,000  arms  from  M— *- 

(wbkb  appear  to  b^  tho  9|000  anpa  ddif^nd  |» 


411}  mtd  othen^  for  a  Treasonable  Campiracy^  A*  D,  172S. 

W  filhr  brforo  tbe  date  of  O '• 

'J*    TIlU  m hftd  wiit  from  C 

H\ci%  a|ip«an  to  l»e  Cadiz)  that  he  could  get 
I  if  lifi  bid  more  monc^^ ;  and  ac* 
_tj  |U«  catottiittee   find  that  a  second 
(k^ifly  nf  amia  was   (lurchased  by   Morgan 
tnm  oMMti  fUirf»stterna*8  a^nt.     O-^ —  in  hta 
W  %*        »  dated  the  27th  of  April,  says, 

••I  li^  I  rtrd   BI *s  abip   t4)  come  to 

it  appeara  that  I!^lorgan  did  at 
fr^'  (lint?  c^mbark  on  board  the  lady 
wktb  th«  anna  aboTe-nieDiioaed,  aad 
krvt  Ui  Sancto  Antonio^  aod  sooa  after  to 
\  Aodero. 
TW  •fttkira  on  their  examination  having 
■wMmomI  one  (liltoUi  as  coniniaiidin;>- a  ship 
Hivt  ^lor^ran.  und  the  comaiittee  tiudino'  a 
iMInr  directed  to  Don  Niclmfas, 

•iici«  I  :  I'-nt  letter  ia  nientioDed  to 

bale  Wm  yttii  iMtlie  siiidHittuu,  theythouj^ht 


V     TW 


i 

Mite 


f«be) 


Hilitiit  mi^Hii  be  a  Petitions  name 

^  *'g:ii^  ill  the  same  mdnner  »,% 

T   Mor^nri,   and  Gardiner    for 

idin^ly  examined  the 

>r,  one  of  them  said, 

UN  4»  tietitious  name  ;  und 

il  that  Hilton *s  true  name 

Iff)  und  that  he  had  been 

I  on  account  of  the  Fre»ton 

•''il  hy  Nicholas  Wu^au 

ne  of  Pateraoo;  and 

ued,    that    tl«e   fiaid 

cofnmund  of  one  a1 

-   II.  aft«r  their  arrirul 


i )    a|^re«s   with  Glaacock^a 
in  Itfc^f^e  Kelly  of  the  24th  of  April, 
io  i»hicli  he  meolionv  NtrrholaH  Wogan 
wme  <d' Xolaitd,  AS  iHoij   lu  have  the 
«if  a  ?(si*id  ai  Cath^  to  cruiiie  H|(iiinH| 
)rlis»  or  Ifir  other  vieww,   on   w1m<  h  he 
|jrrtrnd    to   decide;    and    Kelly   an- 
till    '         ,  ivi»bes  Woif;in'8  tlii«^f  miiy 
iti  'S*     Thf  «Mii'«^  |>artiriilarb 

ili.  k  .a.ri.HiVa  Mter'tof  ihe  itJthumJ 
July,  by  which    it  a|>|jearv«   that  the 
ifdaa  Wo^ni  ftere  at  tiiai  time  coiue 
Il^rUiX,  ntfMwlinir  [\1ori$arrs  nhtps  to  follim 
Io  Uiat  |»ort,  in  order  to  tJietr  iH*ttiiitr  sad 
CAfU^  ;  that  ilte  t-tdeal  of  thrro  n'aa  lo 
captaior  and  Ihe  otiker  heuleiiant  ot 
Mf  lbo*o  ibitw^  autJ  that  thev  owned  the 
Ml  8p<itiit  by  wlittt  ihey  ha«l  learnt  of  it* 
Ibr  %hw  lave  duke   of  Unuuml   to   have 
fffi  tlie  Wcat  with  Irish  ofiicers  and  armi. 
jjili  of  June,  N.  8.  colonel  8tan hope 
thai  the  laie  duke  of  Oruiond  i«as 
fitt^  to  embark  with  arma  and  oflicerii  tor 
And  your  eommitAee  find,  ilmtaljoat 
thm  thi|i  llerohitiou  aet  nail  from  the 
•f  C^i2:    that  the  a^ilora  kuoutof^  the 
ar  ♦oyapr*^  to  be  dro[>[M?d,  refuKi^d  lo 
Al  llMEif  duty  itil  they  were  Katiftflrd  as  to  tJie 
*~~    lliry  ifc»«  designed  for»     That  hcreii[>on 
tred  theiB  it  wuk  to  Gihrallar,  in 
ridao  ili«  tthip ;    but  having  ^^i  tbem 
inn,  ami  iniiiiM  liiem  ftbout  tbetr  wages. 


[44« 

ihey  proceeded  to  the  bay  of  Bl^coy  :  that  tbey 
put  in  at  Bancto  Antonio  to  take  Morgan  on 
board,  and  then  joined  the  Lady  Mary  at  Sane* 
10  Andero.  That  upon  their  arrival  at  this 
place,  the  common  report  on  ^hore  was,  that 
rhe  late  duke  of  Ormond,  and  four  couipnotes 
of  fioliliers  were  to  be  taken  on  board  the  Refo* 
lution  :  that  corn  and  cattle  were  provided  for 
the  said  soldiers;  and  that  the  late  duke  of  Or- 
mond was  within  a  short  day's  journey  of  Satie« 
to  Atidi'io  :  that  hereupon  the  Hrst  and  wecon^ 
mate  of  the  said  ship,  suspecting  Gal  I  wey  lobe 
engaged  in  some  unwarrantable  deiiign,  agreed 
not  lo  serve  any  lout^er,  uote&s  Galtwey  wotil4 
give  them  a  uote  under  his  hand  that  they  wef^ 
forced  into  the  service,  and  would  also  declare 
whither  ihey  were  hound,  anil  give  them  actii- 
rity  that  they  should  not  he  employed  in  anj 
other  voyage  thao  such  as  he  Rhiiuri  declare  t^ 
them ;  whtreupoo  one  of  them  was  ooufiued, 
aod  the  other  disicounieoaiiceo  h^  Gallwey. 

But  that  Gallwey's  real  expectatjonk  tiere  t6 
have  come  over  with  the  late  duke  of  Oimond, 
aptjears  to  the  committee  most  evid»-nt  from 
Ihe  copy  of  a  letter  of  his,  datei)  the  16th  of 
June,  the  day  before  beset  sail  trom  Cadiz,  in 

which  ure  these  worda,  **  I  hope  the  * will 

aet  sad  to-morrow  ;  your  not  rt'jif'atini;  orders 
uiid  advico  concerning  the  husine^?)  m  hand 
$<^ives  me  a  thontmnd  appreht^tiMinns  ;  God  send 
uur  liankers  atid  the  re4  of  our  fncuds  areaafe, 
and  stand  their  ground.     1  mtend  lo  embark 

myself  on  hniinl  the  for  fear  my  dear 

aunt  should  have  any  occasion  lor  aseititaoce, 
ul  Mhom  I  am  »o  tender  that  I  would  not  if 
posiilile  have  the  care  of  her  put  into  any  other 
hands.'' 

Tlie  commitlee  obatrve,  that  the  same  t%* 
prcsMiofi  <d'  *  tny  aunt,'  is  useil  tu  the  letter  to 
Dodswurth,  wiui  such  circumstances  as  ni&ka 
it  highty  prolmhlf,  thai  in  that  tetter,  as  well  as 
thi«»  of  Gallwt*y*i»,  it  denote^  the  late  duke  of 
(>rrui»nd.  TIm  y  like*%iN<-  ot>ser«e,  that  the 
Diiiiiea  of  l\lQnslirld  uud  (Vlf  illey  are  used  in  Mor* 
t^au^s  and  Gallut^y's  lettel*^i,  nt  such  a  manner 
as  coulirtns  tlio&c  uumes  to  mean  the  late  duke 
id  Oriuorid,  u£rreeahty  to  the  explicaliou  given 
ihf  111  it!  the  iteport  of  tlie  coiumiltee  of  llie 
Huuse  ut  Comnioua. 

GttlUey  in  his  letter  of  the  3rd  of  November^ 
1732»  says,  he  has  a  couple  ol  tine  tirfyhoUDde^ 
a  dotr  and  a  hilch,  for  Mr,  Freeuian  ;  the  same 
dogH  are  iiientiiMjtHl  in  another  letter, aud  in  the 
depositions  of  two  ot  ttie  stulon^^  to  ha>e  been  a 
present  from  the  late  duke  of  Ormond  to  the 
Fietender:  which  conHrtiis  the  eKphcaiion  of 
the  name  ul  Fr«'t^iuuii,  mentioned  m  the  said 
Report,  to  be  true. 

Theie  was  likewise  sei2«  d  on  board  the  Re- 
volution, a  letter  to  Gallwey,  signed  John 
Obriiu  ;  which  appears  lo  l>e  in  the  same 
liaiul-H riling  with  the  letters  signed  Gerrard 
and  M.  i)«ghy,  taken  among  Mr,  Lieu i us  Ket* 
lv*a  jMijiers,  and  cuh5riti)t  Gerrard  lo  uie&o  sir 
/oh a  Ohrieii,  one  ol^  Dillon's  * 

*  JiJo  ill  Former  Ediiion, 


I 


44SJ 


9  GEORGE  I. 


Proceedings  against  Bishop  AiUrbury^ 


Gallvrey,  in  a  letter  dated  t'rom  Altcttnl  Bay, 
the  ISth  of  September  lait,  expresses  bis  con- 
cern for  Kelly's  oontinenient,  but  hopes  that  is 
the  worst  that  can  l>efaU  him ;  and  a  letter  in 
Kelly's  hand-writiug  signed  Ja.  Johnson,  di- 
rected for  Gardiner,  but  enclosing  a  note  for  S20 
guineas  payable  to  Gallwey,  was  found  on 
lioard  the  Revolution  ;  as  also  a  direction  en- 
4ered  with  Kelly's  own  hand  in  a  pocket-hook, 
«upposed  to  belong  to  Morgan.  Kelly  in  his 
letten,  acknowledges  the  receipt  of  one  from 
air  John  (which  is  probabljr  their  common  cor- 
respondent, sir  John  Obrien)  and  says  their 
friends  in  Spain  are  well,  as  one  of  the  family 
writes  him  word :  which  shews  how  extensive 
Kelly's  correspondences  were. 

Gallwey,  in  a  letter  from  Genoa  of  the  Srd 
ef  Nofember,  irss,  (which  appears  to  have 
been  writ  to  one  of  the  Pretender's  family)  says, 
lie  has  acted  for  many  months  past  under  the 
direction  of  Medley  (Ormond,)  who,  he  makes 
no  doubt,  has  mentioned  him  to  Mr.  Freeman 
(the  Pretender ;)  yet  in  his  letter  to  lord  Car- 
teret, after  his  ship  was  taken,  he  has  the  as- 
mirance  to  affirm,  that  he  never  saw  the  late 
duke  of  Ormood  since  he  left  England,  nor  ever 
corresponded  directly  or  indirectly  with  him  or 
the  Pretender,  or  any  of  their  adherents  at 
home  or  abroad,  but  was  always  zealously  well- 
affected  to  bis  present  majesty  and  our  'happy 
establishment. 

Gustavus  B4hr,  above-mentioned,  deposes 
among  other  particulars,  that  he  has  been  in- 
formed the  Pretender's  agents  had  arms  for 
3,000  men,  lodged  at  a  house  belonging  to  the 
late  duke  of  Ormond,  near  Morlaix  in  Brit- 
tany ;  which  port  the  committee  observe,  was 
one  of  the  usual  stations  of  the  Pretender's 
ships  under  Morgan.  And  it  appears  probable, 
that  these  3,000  arms  made  part  of  the  10,000 
mentioned  in  O 's  letter  to  L as  pro- 
vided by  D ,  who  is  supposed  to  be  Dil- 
lon. 

Robert  Franklyn,  second  mate  of  the  ship 
Revolution,  deposes,  that  letters  directed  to 
John  or  James  Jacobs  at  Genoa,  were  taken  up 
at  the  post- bouse  by  Gallwey.  The  commit- 
tee observe,  that  Junes  in  liis'lelter  to  Chivcrs, 
mentions  his  having  communicated  the  copies 
of  Mansfield's  and  Jacob's  letters ;  and  Glas- 
cock in  his  letter  to  George  Kell^  of  the  1st  of 
May,  says,  *<  He  hopes  money  is  sent  to  pay 
for  the  Itarrels  which  Jacobs  has  at  his  disposal." 
Ill  both  which'  places  it  is  probable,  that  Jacobs 
means  Galhvey ;  and  that  *  barrels '  means 
stands  of  a  vns,  is  confirmed  by  a  letter  of  Mor- 
gan's, in  which  speaking  of  that  very  ship  that 
brought  the  arms  almve- mentioned  from  Got- 
teuburgh  and  Hamburgh  to  Cadiz,  he  says, 
**  She  had  receiveil  orders  for  taking  in  19  bar- 
rels, with  esery  thing  necessiary  to  make  use  of 
.  them :"  which  last  words  seem  to  refer  to  tlie 
bayonets,  dints  and  powder.  The  intelligence 
sent  hy  Mr.  Craufurd,  on  the  27th  of  May, 
that  Crordon  of  Boulogne  was  to  have  a  ship 
ready  te  transport  some  of  the  chiefs  of  tho 
Muspiracy  W  England,  is  confirmed  by  the  de- 


position of  Roger  Garth  (already  pul 
who  declares,  <*  That  the  said  Gordon 
he  had  good  reason  to  believe  to  be  an  i 
the  Pretender's)  did  some  time  last  sumi 
deavour  to  engage  him  to  ply  off  that 
with  his  sloop,  in  order  to  carry  over  su 
sons  as  be,  the  said  Gordon,  should  reco 
to  him,  promising  him  that  he  should  hi 
ployment  enough." 

The  lords  committees  conceive,  that 
Teral  particulars  above  related,  will  ap 
tho  House  very  much  to  corroborate  i 
counts  received  from  abroad,  of  ships  p 
for  transporting  the  late  duke  of  Orn 
England,  with  arms  and  officers,  the  be( 
of  last  summer ;  and  that  they  also  < 
the  decyphering  of  the  letters,  and  exp 
of  the  names  contained  in  the  Report 
committee  of  the  House  of  Commuus. 

The  lords  committees  observing  th« 
paragraphs  of  the  letters  referred  to  the 
writ  originally  in  cypher,  thought  it  pr 
call  the  decypherers  before  them,  in  o 
their  being  satisfied  of  the  truth  of  the 
phering.  The  account  they  receiver 
those  persons,  was,  that  they  have  Ion 
versod  in  this  science,  and  are  ready  to  \ 
of  undoubted  reputation,  wh 


framed  letters  in  cypher,  on  purpose 
them  to  a  trial,  and  have  constantly  tbui 
decyubering  to  agree  with  the  origini 
which  had  been  concealed  from  them, 
likewise  confirmed  to  the  committee,  tl 
ters  deciphered  by  one  or  oilier  of  tl 
England,  had  exactly  Oi^reed  with  the 
pHering  pf  the  same  letters  performed  t 
sons  iu  foreign  parts,  with  whom  thej 
have  no  communication  ;  and  that  in  so 
stances,  a(\er  they  had  decyphered  Ictt 
the  government,  the  keys  of  those  cy  ph< 
been  seized,  and  upon  comimring  thei 
agreed  exactly  with  their  decyphering. 

With  respect  to  the  intercepted  h;t 
question,  they  alleged  that  in  the  cyphc 
by  George  Kelly,  they  find  tlic  words  i 
in  an  alphabetical  order,  answering;  th 
gresbive  order  of  the  figures  by  which  tli 
expressed,  so  that  the  farther  the  initia 
of  any  word  is  removed  from  the  letter 
higher  the  number  is,  by  which  such  « 
denoted :  that  the  same  word  will  be  fu 
be  constantly  denoted  by  one  and  the  sa 
gure,  except  in  the  case  uf  particles,  or 
of  very  fre(|uent  use,  which  iiave  two  or 
figures  asbigneil  to  tliero,  but  those  olwa 
lowing  one  the  other  in  a  progressive 
They  likewise  set  forth,  that  in  the  c 
above-mentioned,  a  certain  order  is  cone 
observed  as  to  the  placing  of  the  words 
use  of*,  that  under  each  letter  of  the  at 
the  first  cy|thers  arc  allotte<l  to  the 
names  of  places,  the  next  to  the  proper 
or  titles  ot  persons,  the  next  to  wnole  wi 
common  use,  and  the  last  to  denote 
letters. 

As  to  the  truth  of  the  decypherjiigi  tb 
Iq^  thai  several  letters  written  in  lEia  <6 


,J^r  a  Trutsonnhle  Conffit€Nf*  A*  D.  17  fS* 


fiM 


em  sqiaraidy,  one  I  sntte  a  oorre^omlence  with  hiinj    for  thai 


'     M.oMq^h  he  bud  followed  tlic  foriv 
Jattjest  mid  \m  i'^tmiy^  cvv 


rvt'riu 


^M^ 


iertd  bv  them  | 
!(♦  had  l)i*»le!i^ 


Hliiiisftoti, 

L.i  OS  tlicui  to 

iier,  didhnme- 

c. .  „ ,  ..111  Kuclt  a^  had 

and  coherence  wilh  the 

ilinl  w<?re  out  of  cvpheiv 

v|rh«'   ?vere  reprinted  in 

iiitl  diifcreotly  couihine^K 

iheye  ftevertil  ftatticutarit 

tr  tfv  n   rh*moDj»trAiioQ  of 

II  w>  of  by  Jer* 
ine,  they 
,  for  \U*i 
and  some 
le  wtmls, 
A  i  tain  order 


uji[}L':»  u  \^i 


.U,l 


red  theiTi- 

f  produce 
r  und  ju- 


;l 


I  f  l*#t. 


nii<nrcrr'd  hv   VOUr 
'  did 

•  \a- 
,i  Udiousi  ^i^[<•eUt(on 
1  m  hk  <'XftmJtialic»n 

■■"ons, 

lud 

i|  h^  tuatim;^  uiu  [iiiuiid  He- 

for 
(ons 

,-!»l  It 

ri^  htȣtliv  at 

n,  that  he  had 

iiunkett  at  the  re* 

n,  hnt  thnt  he  hii»l 

Ird  with 

ai  tu  the 

il  iium  ihe  (iro*'  of 

iiitiV>i<'otlfbh  iiold«5- 

'  »  thi?  Trc. 

'*  old  spr- 


II  he 

*,,,.^  .---.-  -- ..--  luii^ht 

Iff  U)»  lf»vttndt;r  UiEOtdti  he  would 


luin  *Um  [ikct  ,  i  he  tu  aiUr  dis' 

;*r!«re  :  lh!it   I  ro  %vn<e  noihiug 

him  a 
I  other, 

!ciicL';    that  he,  Layer,  I  t,, 

cyjKi  *  '^  ruious  n&mes  witii  lun-.  11111*11^5, 
uur  ' ret ender's  child,  and  received  a 

Itttti  i,MMi  111.1  iimUtion  to  xUt  christcDiDg' of 
his  daughter.      He  would   not  o^n   tha.t    ha 

Mrs.  Kit. 

Ihoof^h  in   : 

Ucsatd,  that  I L  v 

offrom  JiirU  illi  to 

m  EHi^'s  letter  of  tiie  ;>Ol!i  J»»utiary,  was  % 
Uiort  scheme  relatiui;  to  the  f*r«ston  atfiur^ 
shewn  him  hy  KItis  while  he  fins  at  Rou»e»  of, 
which  h«  rememhers  no  other  pnTticulars,  but 
tiiat  ioRurrecttons  were  to  he  begun  in  several 
CDunttes  in  a  dark  uigltt.  That  when  he  mada 
application  to  Pluiikctt  lor  the  ticuiioii«i  namcv 
of  Burfoi^l,  Steele^  ^c.  he  wn&  lort^cd  to  ac- 
quaint Phmkett  with  ins  having  gi^Uled  u  cor** 
respotidence  with  Ellis,  which  I'hinkett  re^i 
vented,  and  Kiiid  he  thought  Eliig  had  heeQ 
I'll  hid  all  correspondence  wiih  persons  here* 
TiiiiMiu^  ipni,on  of  his  anking*  PlunkHt  for  a 
'  tor  lord  Urrery,  was,  ihAt  h* 
10  mention  to  Elhsachdi  which 
i*itinkett  had  tiiXr.a  tutd  hitn  of;  that  Plunkrtt 
ouce  ifhew'cd  Ijim  a  list  of  llii»  cUih|  of  hi^  owa 
h^iud-wriiifig-,  %vhich  he  read  over  two  or  thro^ 
timGi9,  hut  ihftt  PlunkeU  talked  so  inconsis* 
teotJy  of  them,  that  he,  layer,  vd  t 

it   was  a  mere  fiction    of  his  o\\:.  i 

there  never  wa»  any  such  club.  ih^  >'% 
Loyt^r,  thinks  lord  Orrery  raintioncd  10  I  ti 
lord  Stmir     '  m«>  of  thoo*?,  who  with  loid 

North,  si  '*rin^«  and  others,  were  (a* 


lord  Orrii  Y  '*>  'v  itdnnued)  goinef  < 
thio}^  in   favour  of  « he  Pretiiiidcr; 
cannot  he  po-i'** "  ^^v  u^  I. '.-I  sir 
hr,  IjtiyfT,  WJ ' 
ccrnii.c  i\i*'  (I 

rni^'ui 

wan  that   the    regent  should   pvi  1 

Dillon  to  ntmr   over  here  with  v* 

fbfcii*.      '  '  o  drew  u; 

loll»IV  t*  I  opened   ) 

thr  r 

a  pn 


porcrl  to 
ttM«ed  to 


h 


Ml  iha 

a 

our  of 

■   itt 

,..t 

:-e 

<ll 


I 


e  with  his  own  hmi<I 
convey  I 


du  it  with  safety.    That  Hay^i  as  ht  t>«lieT«i^ 


447]  d  GEORGE  I.         ProoeMngs  against  Bishop  Atierhtry^ 

difierent  places,  all  of  the  oame  of  1 
to  whom  be  would  ba?e  it  belie?ed  t 
ten  were  written,  without  offerioff 
least  proof  or  drcamstaDce  of  probf 
shew  that  such  peraoos  were  at  all  c( 
in  those  letteiv,  or  that  there  ever  v 
such  persons  in  being. 

The  letter  from  waeg^  Kelly,  be  s 
not  writ  to  him,  but  to  one  Harry  1 
who  deliirered  it  to  biro  at  Will's  cpffe 
Corent-garden,  and  that  it  related  to  8< 
ney  that  was  to  be  raised  on  a  security 
Barnes's. 

As  to  the  letter  sigfned  Dixwell,  he  sa 
were  two  clereyroen  of  the  church  ol 
one  or  both  or  which  travelled  with 
Layer  from  ]>oyer  to  Antwerp;  thai 


understood  the  itoddDgt  to  be  lor  the  Plretender 
«nd  his  spouse:  that  be  likewise  had  some  dia- 
course  with  Haye  about  {[ettinff  copperH[dates 
cni^rarcd  at  Rome  in  Bnghsh  and  Italian  for  the 
tickets  of  the  said  lotteiy,  and  desired  him  to 
receive  sir  William  Ellis's  directions  about  it ; 
which  Haye  promised  to  do.  That  while  he, 
Layer,  was  at  Kome,  Baye  asked  him  whether 
be  would  not  see  the  kimr,  meaning  the  Pre- 
tender; and  that  the  said  Hajre  went  frequently 
to  the  Pretender's  family  m  the  way  of  bis 
business,  and  was  as  be  believes,  present  while 
the  Pretender's  and  bis  spouse's  pictures  woe 
drawn. 

Haye  being  examined  by  the  committee, 
ewned  the  receipt  of  the  stockinets,  but  denied 
their  being  delivered  to  him  by  Layer,  or  that 
jbe  knew  who  they  wer«  for.  He  likewise 
owned  the  carrying  a  packet  to  Belloni,  the 
banker  at  Rome,  whkh  was  brought  to  him  by 
•  porter  from  Layer,  as  he  f uppowd. 

Layer  owns,  that  Haye  told  him  Belk>ni  warn 
the  Iretender's  hanker ;  but  denies  his  sending 
any  such  packet  by  Haye :  and  in  several  other 
particulars  of  their  examinations  they  contra- 
dicted each  otberi 

A  scheme  of  the  krttery  above-mentioned  (for 
ndsing  895,000/.  sterling)  having  been  found 
among  the  papers  of  Walter  Je£reys,  now  in 
custody,  the  lords  committees  thooght  proper 
to  examine  him  how  he  came  by  it  He  owned 
his  bdng  acquainted  with  La;^and  Plunkett; 
that  he  saw  Layer  about  the  time  of  his  going 
abroad,  and  helped  him  to  a  bill  on  a  banker  at 
Antwerp :  but  he  denied  his  knowing  from  whom 
he  received  the  said  scheme,  or  his  having  had 
any  conversation  with  any  one  about  it ;  and 
■aid  it  might  be  put  into  his  hands  by  Plunkett, 
Ibr  aught  he  knew,  but  that  he  was  not  sure  he 
had  ever  read  it ;  and  if  he  had  known  such  a 
paper  had  been  in  his  custody,  he  should  have 
destanyed  it. 

The  lords  committees  being  informed  that 
Layer,  between  the  time  of  his  delivering  the 
larger  and  lesser  bundle  of  papers  to  Mrs.  Ma- 
■on,  had  delivered  to  her  a  lai^  parcel  covered 
with  blue  paper  and  sealed  in  several  places, 
and  that  he  did  within  a  few  days  aflcr  take  it 
back  again,  telling  her  he  ihmted  to  cany  it  to 
lord  Noiitb  and  Grey's :  they  examineil  Layer 

Cirticularly  on  this  head ;  hut  he  denied  that 
e  ever  delivered  her  any  such  bundle. 
The  lords  committees  next  proceeded  to 
the  examination  of  John  Plunkett,  who  began 
with  large  protestations  of  his  innocence,  and 
offered  of  nimself  to  account  fur  three  facts 
charged  upon  him  in  the  Report,  and  to  shew 
tiiey  were  great  mistakes.  The  first  was,  his 
receiving  a  letter  from  George  Kelly ;  the  se- 
cond, his  receiving  the  letter  at  Antwerp,  signed 
Dixwell ;  and  the  third,  his  receiving  the  letter 
from  the  Pretender,  taken  at  Mrs.  Creagh's. 
And  as  in  his  examination  before  the  committee 
of  the  House  of  Commons  lie  had  fallen  on  the 
expedient  of  anbstitnting  Hugh  Thomas  to  pcr- 
■ooate  Rogcn,  ao  now  they  found  he  had  fur- 
viabcd  himsalf  with  three  differeatnersMv.  it 


them  went  by  the  name  of  Lloyd,  but 
name  was  Plunkett  That  this  man 
the  letter  signed  Dixwell  at  a  coffee 
and  he,  John  Plunkett,  taking  it  up  w 
sign  of  restoring  it  to  him  in  Lorrain,  ( 
place  sometimes  one,  and  sometimes 
these  clergymen  were  gone)  shewed  it  t 
who  took  it  into  his  head  that  this  Ic 
been  writ  to  him,  John  Plunkett. 

The  letter  from  the  Pretender,  he  i 
into  bis  bands  much  in  the  same  mann 
there  ia  one  Father  Plunkett  at  Rome,  i 
the  Pretender  always  writes  when  any 
to  be  introduced  to  nim.  Being  asked 
Father  Plunkett  travelled  with  Layer  t 
(because  mention  is  made  in  the  Pn 
letter  of  a  companion  of  Plunkett's)  he 
Pretender  always  called  the  person  ths 
be  introdnced  by  Father  Plunkett,  his 
nion.  That  this  Father  Plunkett  bapp 
shew  him  this  letter,  and  commend 
hand,. he,  John  Plunkett,  said  he  had 
at  Rome  that  would  be  glad  to  see  t1 
tender's  hand- writing.  And  Father  1 
having  accordingly  lefl  the  letter  with 
shewed  it  to  Layer,  and  forgot  to  retu 
Father  Plunkett,  who  never  calietl  for 
ing  fifty  more  lettera  of  the  same  1 
him. 

Upon  the  lords  oommittf*es  askin 
whether  he  went  by  the  name  of  Rogc 
said  be  went  by  several  namrs  in  his 
that  he  might  not  be  imposed  upon  in  b 
onings  as  the  English  generally  are. 
askeil,  whether  he  took  the  name  of  R 
prevent  his  being  thought  an  Eiiglishmi 
said  that  in  Italy  he  was  called  Uoj^ieri 

They  farther  asked  him,  whether 
dictated  any  fictitious  names  to  Layer, 
mentioned  any  thing  to  him  of  a  cl 
which  he  answered,  That  he  had  givei 
the  fictitious  name  of  Dedibrd,  or  Burf 
lord  Orrery,  which  name  he  had  from  I 
That  one  night  being  in  couipany  with 
and  some  clergymen  whose  names  he  i 
got,  the  discourse  turning  on  tlie  pmtetf 
Lords,  and  the  names  that  were  aabac 
them,  one  of  the  oomnany  aaid,  Thai 
loyal dubt  anolhemiiL  Tbay  «p- 
■ad  thai  be^  PlwhUti  rt^t^rf 


mid  oihtTi^Jbr  a  Treitsonahh  Consjpitacif,  A.  D.  172SL 


[450 


AvSk  cf  ^SgblYor  omety  lords  who  would  sUnd 
la  liitSminm  ofibtu'  country. 

He  tftnlwrobserTed  10  the  committer,  That 
an  iIm  iiill  JMm  dependiDg  before  your  lord- 
be  is  Dot  fiiPDiioned  by  the  name  bv 
be  WM  baptized  and  coniiriDed :  be  nici, 
mm  Mir&toie  was  Plncknett,  but  his  C^hristian 
Mai#  be  d^lined  teUing ;  and  t^etr-ofied  to  place 
mmxn  hopen  and  con^dence  io  this  tubterfuj^e, 
Tbe  cofniuUtee  fmding'  him  tritle  with  tbem 
mtei^regiuai  manner,  asked  bira  in  grtsnerul^ 
•litbrr  he  bad  ever  been  in  eoufercuc**  with 
ihrlVrtender,  or  bad  corre^ponde«l  mtb  him, 
mmj  of  hia  agetiCsP  To  which  he  aiisvi^red  in 
ibii^^ijre. 

IW  eociicntttee  next  sent  for  George  K^lty^ 
«ii9  mill  lliem  tbai  tlie  affair  bein*;  soon  to  be 
l|BI|^hi  b^l<ire  your  lordships,  be  desired  to  be 
MCMtl  from  answering  any  quesiiou^i  \  so  thai 
iiir  tiDicl  no  opportunity  m  eitaminin^r  him  qji 
^tte  new  matters  alledgped  airatiiiit  him  in  the 
of  ftir.  Philif>  Ciiryll  and  others, 
\  they  tbou£rht  it  jiroj^r  tu  send  for 
md  Mr.  Caryli,  and  to  ask  him,  uhetticr 
Ift  kmA  Aoy  thing  to  adr)  to,  or  to  retract  from 
biB  foriner  accounts f  His  de|Ki<titioua  U'ifi^ 
Jimd  Nvrr  lo  him,  be  expreseted  himseU'  very 
aoil  uneasy  at  their  bein^^  made  public ; 
4  the  committee  he  was  not  disponetl  to 
any  further  questions,  bfin^  sorry  for 
I  had  Slid  already  \  he  likewise  in- 
that  what  be  had  said  hud  nut  been 
diiwn  exaiHly  a»  he  dictati^d  it^  and 
A|i|ireben8ive  tUot  he  was  called  upon 
himself  of  mtiiters  thai  imi^bt  be 
to  hini<  But  tinon  the  coiiifiirttee^s 
him  that  themi>st  etlectual  way  hemuld 
<U)  himself  service,  was  to  makea  candid 
iiious  disciit ery  of  the  whole  iruih, 
had  already  giren  a  candid  acconnt, 
he  should  not  have  been  a  sitfl^ertr 
nilnur.  Beio|i^  a$keil,  whether  his 
had  not  been  reail  over  to  him  be* 
st^edtbem?  He  said  they  were;  but 
was  in  a  gpreul  confusiuu  st  the  linie 
wmt  taken,  lieioskT  then  rei]nired  by  the 
liliee  to  read  tbeiu  over  himself^  nod  to 
in  what  particulam  they  vary  from  bis 
and  mettoiog,  he  s^rew  more  couipoBed  ; 
ving  read  over  the  first,  dated  the  $7th 
Itarch,  said,  be  believed  it  waiiri|;liie(uMii;b. 
^lini^  over  the  second  (dated  the  39th  of 
rrli)  he  said  it  was  not  strictly  true  that  sir 
y  Giiriog  had  told  him  what  is  there  re- 
Cninceruing  an  invasion,  commission,  &c. 
il  was  true,  he  had  hearrl  sir  Harry 
say  so  \  that  as  to  lonl  Landsdown's 
Jand  in  the  West,  he  could  not  be  |M>- 
lut  he  thinks  nir  Harry  Ooring  said  so. 
,  it  was  but  n  ^  11  of  hts  own, 

di«^course  win  led  thi^  bishop 

Rocbeeier^s  takrni;  sw  Hiirry  Goring  by  the 
Mlbr,  rcl»teil  to  the  Pretender's  affairs :  But 
liiBl  be  tetDcmbers  Tery  well,  sir  Harry  Goring 
#imfllfiii«  that  on  his  saying  the  words  there 
ied^eil«  *tbis  is  rocking  the  cradle  indeed,* 
ii»  Msbop  did  take  hiia  h  ibe  collsr,  wul  that 


he,  Carvlli  did  apprehend  the  said  iTiscourse  to 
baf e  relation  to  the  Pretender's  nKatrs.  He 
said  it  was  about  two  years  ago  that  being  at 
sir  Harry  Goring's  he  saw  a  letter  lie  on  his 
scnitore,  directed  to  Mr.  Hon-,  and  upon  his 
asking  sir  Harry  who  the  said  letter  %viis  for  f 
Sir  Harry  told  him  it  was  writ  to  himself.  He 
said  that  the  words  io  bis  de|iosition  which  im- 
port, that  he,  Caryll,  tiad  reason  lo  believe 
Kelly  and  sir  Harry  Goring  were  settling  to- 
gether a  key  at  his  house  at  North,  by  whicb 
they  might  corresjiond,  are  too  strong ;  for  thai 
he,  Caryll,  did  not  see  any  such  key,  only  it 
was  bisVuspicion  and  tbotif^iit  m  that  time  tliat 
they  were  traming  such  a  key. 

He  likev^ise  s^id,  that  what  relates  to  Boyce 
in  the  saitl  depoiiition  is  rather  stronger  than  he 
meant  it;  for  that  Boyce  only  told  him  he  w^ 
afraid  the  servant^  he»  Carvll,  had  sent  tu  him 
to  help  off,  was  Sample ;  alleging  this  reason, 
that  lie  iind  observed  he  was  disguised,  and 
that  he  was  afraid  he  was  somewhat  like  the 
deiicnpl ion  given  of  Sample  in  the  pmclama* 
tion.  All  t]ie  other  panictilars  «d  his  deiMisi* 
tioos  be  averred  to  be  true,  but  said,  he  had  no- 
thing  farther  to  add,  and  that  he  would  rather 
a  thousand  tJi]i»  die  in  Newgate  than  be  am 
evidence. 

Boyce,  being  examined  by  the  committee, 
owned  that  sir  Hnriy  Goring Vem  t<t  Fiance ia 
his  yatch,  and  that  a  leri ant  went  over  with 
bini  in  a  blnirk  »ig,  whom  he  h^d  ncvt'r  seen 
wah  sir  Hurry  Guring  Itefore;  but  he  utterly 
denieil  his  having  conveytd  over  auy  [hm-soii 
sent  10  hini  by  Mr  Caryll,  or  his  having  had 
any  discourse  with  Caryll  altout  any  pen»on*» 
answering  the  description  of  Ssmide,' 

The  committee  having  summoned  bcfure 
iheiu  William  Beaning  of  Horn -dean,  and  ha»* 
ing  rt^ad  to  him  his  former  depositions,  Hnd 
that  he  retracts  what  he  had  there  deposed  on 
oath,  of  Caryll  and  sir  Harry  Goring^s  being 
in  company  at  his  house  with  the  person  who 
had  but  one  hand:  He  says,  such  a  persofi 
was  at  his  house  ivith  two  other  gentlemen, 
but  that  he  now  recollects  Caryll  and  sir  Harry 
Goring  were  not  there  at  tliat  time.  Being 
asked  whether  be  had  received  any  letter  or 
message,  since  bis  being  in  custody,  wfiich 
bad  helped  to  set  him  right  in  this  particular? 
Be  answered  in  the  negative. 

The  committee  observe  from  the  parts  of 
Mr.  CarylPs  depositions  which  he  affirmed, 
that  the  explication  given  to  the  name  of  Hore^ 
in  the  Re]>ort  of  the  committee  of  the  House 
of  Commons,  as  also  the  decyphering  of  thai 
part  of  Kelly's  letter  whicb  mentions  Horc's 
commission,  and  the  conjecture  of  Goring's 
having  carried  over  a  new  cy  pher  tn>m  Kelly 
to  France,  are  very  moch  confirmed^  They 
likewise  observe,  that  what  is  said  in  Glti^cock's 
letter  to  Kelly  of  the  UU  31  of  October,  con- 
ecru  ing  the  arrival  of  the  little  French  mer- 
chant, mentioue<l  by  Kelly,  and  the  precaution 
they  inteud  to  use  in  rcluiion  to  him  till  some 
other  appears  with  whom  they  may  talk  of 
business  otorc  to  llie  ^\3v^Qia,V!^m&  ^ti:»\aii^^  x^ 

i2  e 


I 
I 


151]  9  GEORGE  I.         Proceedings  againH  Bishop  AtUrhmfj         [45ff 

mjpied  918,  which  mentioni  the  tending  th* 
dog-,  is  from  Marr ;  and  that  Mo9gra?e,  tu 
whom  the  receipt  of  the  dog  is  acknowledged 
in  two  several  letters,  is  likewise  a  name  dfr- 
notins^  Narr,  agreeably  to  what  is  asserted  in 
the  said  Re|»ort. 

The  committee  find  by  two  affidavits  re- 
ferrefl  to  them,  that  George  Kelly,  the  ivt 
time  he  was  taken  into  custodVi  offered  the 
woman  of  the  house  a  ^Id  watch,  40  guinsM 
in  money,  and  a  note  for  40/.  more,  to  let  Iub 
escape. 

Tne  committee  have  laid  the  substance  of 
these  several  examinations  together,  as  having 
some  reference  to  George  Kelly. 

They  likewise  examined  Mr.  Dennis  Kelfy» 
who  utterly  denied  his  being  advised  with,  or 
knowing  any  ttiiog  relating  to  any  cons|NrMy. 
Several  papers  found  in  his  custody  betsf  . 
shewn  to  him,  he  denied  his  having  ever  MS 
them  before,  except  when  some  of  them  wot  ^ 
shewn  to  him,  at  former  examinations. 

They  next  sent  for  captain  Fancier,  wd  \ 
haviug  ordered  his  former  depositions  Isk  ^ 
read  to  him,  asked  him  whether  he  ba^Hf  '^ 
thing  to  add  or  retract P  He  affirmed  enrf  \^ 
part  thereof  to  be  true,  and  said  he  had  «dy  ^ 
this  farther  particular  to  add,  that  having  biflly  ^. 
seen  George  Kelly,  as  he  was  brought  dowo  li  '^ 
the  House  of  Commons ;  he  recollects  tbst  hi  ^ 
has  oilen  seen  him  at  the  gaming-taUei  wilk  g 
Skeene,  and  that  Skeene  and  the  said  KeUy  y. 
were  intimately  acquainted,  as  he  is  aUe  li  i^ 
prove  by  several  witnesses  of  creilit.  Skeen  '^ 
being  called  in,  and  having  heard  Pancier'i(ie  4 
positions  read  over  to  him,  owneil  that  be  wii  ^ 
acquainted  with  Fancier,  and  had  been  in  cob*  . 
pany  with   him  at  several  of  the  times  smI 


lation  to  Sample*s  being  got  safe  to  France. 
And  the  letters  signed  Fra.  Fhillips,  which 
Carvli  owns  he  received  from  Kelly,  not  only 
confirms  Kelly's  writing  byfictitrans  names, 
but  is  a  strong  argument  of  his  being  the 
person  that  writ  the  letter  to  Bonnaville  of  the 
27th  of  September,  and  consequently.tbe  other 
letters  charged  upon  him  in  the  R^^.  For 
as  in  his  letter  to  Caryll,  he  says,  *' I  have 
never  heard  a  sellable  from  your  other  lawyer, 
(Sir  Harry  Gonng)  since  yon  and  I  were  with 
bim,  which  you  will  say  is  pretty  surprizing, 
and  am  afraid  very  detrimental." — So  in  that  to 
Bonnaville  (writ  within  five  days  of  the  other) 
he  says,  "  1  have  not  heard  a  syllable  from 
1).  Gainer,  or  G.  Roberts,  since  Mr.  G.  Samp- 
«on  went,  which  has  been  a  great  surprize,  and 
J  may  say  no  small  detriment,  to  some  of  their 
friends." 

This  identity  of  expression,  in  two  letters 
writ  so  near  the  same  time,  appears  to  be  a  far- 
ther confirmation  that  the  same  person  writ 
them  both,  and  confirms  G.  Sampson  to  be  the 
same  with  the  other  lawyer,  which  .Caryll  has 
explained  to  mean  sir  Harry  Goring. 

The  lords  committees  also  find  in  the  papers 
referred  to  them  new  evidence  of  Kelly's  visit- 
ing, writing  to,  and  receiving  letters  from  the 
bishop  of  Rochester,  as  appears  by  affidavits 
from  the  persons  who  carried  Kelly  to  the 
bi$ho()'s  bouse,  and  who  also  delivered  letters 
from  him  to  the  bishop,  and  brought  back  the 
bishop's  answers ;  and  Mrs.  Levet  deposes  on 
oath,  that  Mrs.  Barnes  has  told  her^  Kelly  re- 
ceived in  one  day  as  many  letters  from  abroad 
9A  came  to  fourteen  or  fiilteen  shillings,  the  di- 
rections of  which  she,  Barnes,  saw,  but  they 
wure  in  such  odd  fictitious  names,  as  no  one 
could  find  out  but  Kelly,  who  had  the  key ; 
that  among  these  letters  there  was  one  for  the 
bishop  of  Rochester,  (as  Kelly  told  her)  which 
he  was  at  that  time  gone  to  deliver  to  the  bishop. 
And  John  Maione  deposes,  that  among  the 
letters  which  he  carried  from  Kelly  to  the  post, 
there  were  some  directed  to  Waters,  the  banker 
at  Paris,  under  whose  cover  it  appears  that  most 
of  the  ti-easonable  letters  were  sent ;  and  the 
original  letter  in  Kelly's  own  hand  stopt  at  the 
|iost- office  was  enclosed  in  a  co\er  so  directed. 
Airs,  l^vett  farther  deposes,  Uiat  Mrs.  Barnes 
told  her  under  secrecy,  that  tlie  dog  sent  from 
France  \%as  a  present  from  the  late  lord  Marr 
to  the  bibhup  of  Rochester's  lady  ;  which  is  in 
some  measure  contirme<l  by  the  draught  of  the 
affidavit  prepared  for  Birmingham  at  Paris,  io 
which  he  is  desired  to  swear  that  lord  Marr 
knew  nothing  of  any  such  dog.  And  though 
this  affidavit  does  not  appear  to  have  been  sent 
over  by  Kelly  directly,  j^et  express  mention  is 
made  in  the  letter  to  Gordon,  thai  the  haid  nffi- 
davit  is  the  copy  of  a  notf  fruiii  the  pei-s<iii  cun- 
Gcrned  with  the  substance  of  \%hat  he  thinks 
requisite.  The  circumstant^  of  the  dui^'s 
having  been  s^nthv  the  late  lord  Marr,  which 
is  not  expressly  alleged  in  any  pan  of  the  Re« 
port  of  the  committee  of  the  Iluuse  ot  Com- 
Mona,  is  a  new  Gonfirmatiou .  that  the  letter 


{>laces  mentioned  in  the  said  depositions ;  tbiC 
le  was  taken  prisoner  in  the  Preston  rebellioiii 
but  is  not  related  to  Marr,  nor  has  ever  lecn 
Mackintosh  since  he  |mrted  from  him  at  High- 
gate.  He  owned  he  had  had  general  ditco«iiN 
with  Fancier  relating  to  a  plot,  and  that  Pu« 
cier  had  asked  him  several  questions  about  ili 
to  some  of  which  he  (Skeene)  assented,  and  10 
others  not ;  but  he  denied  his  Iwving  told  Pu^ 
cier  any  farther  particulars  than  were  in  tbf 
news- papers,  or  in  the  current  report  oftha 
town.  As  for  instance,  when  Fancier  asked 
him,  where  the  late  duke  of  Orinnnd  «iif 
He  told  him  the  news -papers  said  he  wu  at 
Corunua  ;  hut  he  |H)»itively  denied  his  havisf 
ever  mentioned  to  Pancier  any  particular  ptf" 
sons  as  concerned  in  the  conspiracy,  or  any  fl> 
the  pariirular  facts  lipecified  in  his'deposilioiC* 

lie  tan  her  >aid,  he  had  reason  to  believ* 
that  Pancier  had  sent  to  him.  since  his  beioipi* 
cu8lo<l y«  to  advife  him  to  make  his  e«iCiipe ;  ^ 
th'itoiif  (icrrard  Fitzt^erald  havin|;  been  Milk* 
i  g  with  P;i Meier  in  the  Park,  came  dirrcd/ 
Inini  tlifot^e  to  hicii  Skeene,  at  the  mkttttS^ 
^er's  house,  and  advised  him  to  make  hii 
ebcsipej  tliou^li  he  owned  that  FilZf;efali 
made  no  mention  of  Pander's  having  M^ 
him  any  such  advice. 

Fitx^erald  being  sen(  for  by  ths 


9md  o(hert,  for  a  TreasonaMe  Compiractf.  A.  D.  1723. 


[454 


ie  Kill  been  fo  9e«  8keeiie,  imd  iindin^ 

"*    '  time  in  the  bousi?  but  &  HornaUt 

,  ft  woiiUI  Iw  an  riw  V  matter  for  him 

...»  »t«  *,t..,..,,|  Pancit'r  f  roai  having 

*r  advice.  He  farther 

.  :..,.i  lie  dill  uot  know  but 

'  ticHifishly  to  Fancier,  but 

er  wvLn  but  a  single  cri- 

U 

ujd»  among  the  papers  re* 

iifiji,  a  copy  of  the  orders  which 

ifAtI  frmti  the  owners  of  the  ship 

I      I  ■  >  (11  tM  fiitlovv  the  direction! 

iilstead)  dtirin^  the  Toy- 

i.iiril,  by  which  it  ap]iear3, 

lid  v^-^s  to  visit  the  bishop 

iA(d  an  hour  ut  Wm  house, 

^  selling-  uut  for  Bilboa. 

rvy  remarkithle  letter  sent 

(rje9  uf  sfate^  by  an  ud« 

I    the    l'2th  rjf  February, 

il  in  one,  dated  the  Slst  of 

t  up  pears  to  l*e  the  letter 

1i>  in  fine  ol   Nevtjoe's  exa  mi  nations, 

0  np  by  Kelly  atitj  hiriiKcIf,  and  brought 

I  rccted,  as  he  b€rlie?edj  by  the 

•Iter. 

e  tlnd  a  paper  taken  in  lord 

■  *A  xiuily  Til  CaVige,  which  con* 

V  reasoning^  on 

'  prove,  that  the 

/niTicnt  lire  not  obli* 

^h    the  taking  tuch 

■  "1  a  (frievou!*  sin» 

oaths  or  obtiga- 

.  ^    i.      i<   nor  breaking 

ctueia  fait  under  the  denomi' 

ifistance  of  what  the  committer 
<o  collect  from  a  careful  perusal 
reftrretl  to  them,  :ind  a  long 
t  several  of  the  |ier«ons  eon- 
ne  of  whose  power  tltey  hare 
%e  il  wa%  (o  nave  made  ample 
they  had  been  dispoied  to  sp^ak 


It, 


the  lordi 
t    pily  nrul 


ennmntiees    canool 

cornjiiiNsiun,  on  the 

■^   -1   iiifaumlion   of 

lu  t*X[mse  tht-rn- 

1   fl     III      II.     .Il«.«-..L  ff 


SiHy  ;  yet  the  totiiniitit'e 

matters  contained  in  the 

to  them,  nml  eurrobonited  by 
''  prenent  enquiry,  will  Hppeiir 
tpo  clenrly  made  out,  that  the 
loer  or  later,  wiil  haw  leinure 
ratkh  and  iiii|)iouH  ( >  '    \ 

ing  rather  true  la  i>r 
Uicir    cotiaN^eiicef,   uuh  liicii 


Od  April  S4,  the  House  (accordinir  to  orderjf 
took  into  consideration  the  Report  from  the 
lords  committees,  to  whom  the  Report  and 
original  papers    delivered   by  the    Uouae  of 

House  of  LordSf  ^*  That  in  a  paragraph  of  the 
printed  Report  from  the  Committee  ap[iointed 
by  order  ot  the  House  of  Cummontj  to  examine 
C;hriiitopher  Layer  and  others,  and  to  whom 
veveral  papers  and  examinations  laid  before  the 
House,  relating  to  the  conspiracy,  mentioned 
in  his  majesty's  speech  at  the  opening  tire  ses- 
sion to  be  carrying  on  against  his  [lerson  and 
government,  were  referred,  the  lord  Strafford 
and  lord  Kitinoul  are  mentioned  in  the  deposi- 
tion of  Andt^w  Fancier,  that  be  had  been  told 
by  one  Skeeoe  (now  in  custody)  that  the  said 
lords  knew  of  an  iovasioo  intended  hy  forces 
from  abroad,  and  were  concerned  in  the  Hit* 
nagement  of  the  conspiracy  here." 

And  thereupon  a  motion  being  made,  *'  Thai 

the  said  Andrew  Fancier  and Skeene  be 

immediately  siint  for  to  attend  at  the  bar  of  this 
House;''  at\er  debate  the  question  was  putt 
That  Andrew  Fancier  and  — —  Skeene  be  tin* 
mediately  sent  for  to  attend  at  thu  bar  of  thU 
House."  It  was  resolved  in  the  negative^ 
CoQteat  £9.    Nut  coutent  64. 

"  Dissentient^ 

*M.  Because  the  earl  of  Kinnoul  and  the 
earl  of  Strafl^rd  having  severally  comjdained 
to  the  House,  that  they  titid  themselves  reflect* 
ed  on  in  a  printed  deposition  of  one  Andrei? 
Fancier,  wherein  be  dejioseth  that  one  Skeeoe 
(now  in  custody)  had  acquainted  him,  among 
other  things,  that  the  said  earls  knew  of  the 
late  cooR piracy,  and  were  couceroed  in  ths 
maniigemetit  of  it  here ;  and  the  said  earls  tiU 
ledgiug,  that  they  did  not  we  by  the  Hepi>rl, 
in  which  that  deposition  is  found,  that  the  liaid 
8keene,  though  in  the  hands  of  the  govern- 
ment,  had  been  so  much  ai  questioned  touch- 
ing the  said  hearsay  (wliich  observation  we 
find  to  be  true)  we  think  it  highly  reasonable 
to  have  complied  with  the  motion  und  reijiiest 
of  the  SHtd  lords,  that  the  said  Fancier  and 
Skeene  might  be  eicsmined  at  the  bar  of  this 
House  in  relation  to  that  mutter  only  ;  the  like 
request,  tor  i\m  belter  clearing  the  rrputationof 
any  nubte  lord,  when  he  hath  tbooitht  it  un- 
justly a^pertted,  having  never  l>een  denied,  that 
we  know  of;  but,  on  theef»ntr»ry,  it  wan,  tiol 
ntit  hiutr  Mr>oe,  granieil  m  the  ea»e  «d  the  earl  of 
Sunderlaml,  though  the  exuntination  which  he 
thought  refleeii*d  on  hi«  honour,  was  not  come 
into  print  when  he  made  \uh  complaint ;  which, 
uci'Ording  looiir  judgment,  was  not  so  strong  % 
case,  lor  gMiittuig  the  mntjon,  as  the  pre^vui  i«» 

"  2.  Liecaufie  the  said  depotiition,  as  tar  a«  it 
iaprinte<l,  contatning^nothiii^  but  what  otie  de* 
|H>uetit  heard  another  sn  '  virji 

a  eharneun  Skeeiie  t<'i  it 

was  very  natural  and  |nf»j«'i,  .i>  "»^'"  f<  ii*e 
advancement  ot  instirc.  m  tor  the  vnidtcation 
of  the  noble  torda  requtsting  it.  to  trace  the 
aiud  h6iui«y»  i£  puaitblei  to  lEe  tbiaitaia  hc^» 


I 
I 


455] 


9  GEORGE  I.  Prouedingt  againd  Bishop  AHerbwry^         [456 


Commons  at  seTeral  oonfereooes  were  referred ; 
and  who  were  empowered  by  thUi  House  to 
examine  Christopher  Layer,  and  such  other 
persons  as  they  from  time  to  time  should  think 


or  at  least  so  far  as  to  know,  from  the  person 
oharsred  wiih  relatiafp  it,  whether  he  would 
deny  his  liayinij^  related  it ;  or  if  not,  whether 
he  would  confess  the  falsity  of  what  he  had  so 
related,  or  undertake  to  make  it  good  by  his 
own  testimony,  or  otherwise. 

^ "  3.  We  think  there  could  be  no  inconye- 
nience  in  examining,  as  moved,  to  find  whether 
there  was  any,  and  what  foundation  for  this 
hearsay  ;  it  not  being  an  anticipation  of  the 
coorse  of  justice  (as  examining  a  part  of  the 
evidence  against  any  man,  or  a  part  of  an  ac- 
cusation, would  be)  since  tlie  swearing  what 
one  raau  said  of  a  third  person  is  in  no  sort 
OTidence,  either  in  law  or  reason,  to  support  a 
tMmviction,  or  eyeu  to  gronud  an  accusation 
upon,  in  any  form  whatsoerer. 

"4.  Since  a  mere  hearsay  being  no  evidence 
m  the  least  degree,  cannot  be  made  a  founda- 
tion for  any  legal  proceeding,  it  is  impossible 
for  any  noble  lord,  whose  honour  may  be  af- 
fected by  it,  to-hope  to  clear  himself  on  any 
tftal,  or  other  like  opportimity  that  can  be 
g^iven  him  to  make  his  defence ;  and  therefore, 
since  there  is  no  other  method  that  we  can 
think  of,  so  proper  or  effisctual,  in  our  opinions, 
at  an  examination  of  the  nature  of  that  moved 
for,  we  think  it  ought  to  have  been  ordered  ; 
and  that  every  noble  lord  may  possibly,  in  time, 
he  hurt  by  the  con8e()uenGe  oi^this  precedent. 

«*  6.  We  cannot  tlnnk  tliat  the  examining,  as 
moved  for,  into  this  hearsay  only,  could  ba?e 
made  any  difference  with  the  other  House,  since 
it  is  inconceivable  by  us,  that  any  number  of 
gentlemen,  who  ma^  have  by  accident  (for  we 
hope  it  is  no  otherwise)  in  setting  forth  the  de- 
iMMtition  of  Pander  as  a  charge  against  Skeene, 
happened  to  asjierse  the  reputation  of  some  of 
the  peers  of  the  realm,  could  resent  either  that 
these  lords  should  desire,  or  the  House  permit 
them  to  clear  themselves  as  soon  and  as  effec- 

toaliy  as  possible  of  that  hearsay. (Signedt) 

Strafford,  Aylesford,  Ponlett,  Bristol, 
Bathurst,  iicarsdale,  Willoughhy  de 
Broke,  Litchfielil,  Fran.  Ccstriens', 
Guilford,  Anglesea,  Foley,  Exeter,  Cow- 
per,  Berkeley  of  Stratton,  Compton, 
Osborne,  Arundell,  Craven,  Bruce* 
Uay,  Uxbrklge,  Weston,  Bingley." 

March  21.  Complaint  was  made  to  the 
House  by  the  earls  of  Scarsdale,  Straff4>rd, 
Cowper;  the  lords  Craven,  Guwer,  Bathurst, 
and  Bioglcy,  That  in  the  examinations  of 
Christopher  Layer,  in  the  printed  appendixes 
referretl  to  in  tiie  Report  from  the  committee 
appointed  by  the  House  of  Commons  to  exa- 
mine Christuplipr  Liayer  and  others,  it  is  set 
forth,  That  one  John  Plunkett  tokl  him  the 
iMid  Layer,  that  the  said  lords  were  of  a  dab 
or  meeting  called,  in  some  of  the  said  Phm- 
kdt'kkttwblliufcrd'sclahi     Tbaw 


proper:  and  the  said  Report  beiBg  md,  it  ii 
resolved  by  the  Lords  spiritual  and  temporal 
in  parliament  assembled,  that  this  Houao  ia 
fully  satisfied  and  convinced,  that  a  detiwtahia 

severally  dedared  the  same  to  be  fidn  and 
groundless;  and 

Earl  Cowper  in  particuhur  complained.  Hit 
little  regard  had  been  shewn  to  divert  mfimWni 
of  that  illustrious  and  noble  aasemhly,  whasa 
honour  and  reputation  had  been  attacked,  bf 
being  mentioned  in  the  Report  from  the  aeent 
Committee  of  the  House  of  CommoDs,  bdag 
represented r  upon  mere  hearsay,  aa  privy  la 
treasonable  designs  against  the  govemmeoU 
That  for  his  own  part,  as  the  late  qoeen  AmMb 
of  glorious  and  immortal  memory,  had  tho«|^ft 
fit  to  raise  him  to  the  die^ity  of  a  peer,  how  m* 
worthy  soever  he  was  ofthat  honour,  he  thooght 
it  a  duty  incumbent  u|ion  him,  to  defend  tta 
rights  and  privileges  of  the  peerage  of  Enghad^ 
which  they  held  by  the  fundamental  lawaof  At 
land,  and  were  confirmed  to  them  by  HigM 
Charta.  That  afWr  havinfp,  on  so  many  oc- 
casions, and  in  the  most  difficult  tiinea,  ginn 
undoubted  proofs  of  his  hearty  zeal  aodafbdSsn 
for  the  Protestant  succession,  and  of  hia  at- 
tach iiient  to  his  mijesty's  person  and  govwa- 
ment,  he  had  just  reason  to  be  offended,  la  aea 
his  name  bandied  about  in  a  list  of  a  chimeriml 
club  of  disaffected  person,  printed  in  the  said 
Report,  on  the  bare  hearsay  of  an  infiinaai 
person,  notoriously  guilty  of  prevarication ;  aad 
who,  in  the  opinion  even  of  the  secret  oomait- 
tee,  in  order  to  magnify  the  numbec  of  the  Plta- 
tender's  friends,  did,  in  several  lists,  insert  tha 
names  of  persons  as  well  affected  to  the  Pra« 
tender's  service,  without  having  the  least  autho- 
rity for  so  doing ;  which  alone  was  sufficient  to 
give  an  air  of  fiction  to  the  whole  conapiraoy. 
Hereupon  his  lordship  moved,  <*  That  John 
Plunkelt,  now  in  custody,  being  the  person  wbo» 
Layer  says,  in  one  or  more  of  his  examinations, 
told  him,  that  several  lords  of  parliament, 
therein  named,  were  of  a  club  or  meeting  calU 
ed  in  some  of  the  said  John  Plunkett's  ktim9§ 
Burford's  club,  be  forth  with  brought  to  the 
bar  of  this  House,  to  be  examined  touching  tha 
said  matter  only."— This  motion  being  aa- 
conded, 

Lord  Towfuhend  saki,  he  was  extreme! v 
sorry  to  find  his  lordship  should  lay  ao  mucn 
stress,  and  so  high-y  resent  his  being  maB« 
tinned  in  the  Report ;  that  his  lordship's  nana 
with  several  others,  beuig  part  of  an  examuM* 
tion,  it  was  absolutely  necessary  it  sbonld  ha 
mentioned  ;  that  at  the  same  time,  the 
mittee  had  dedare«l,  they  were  eiitirdy  _ 
fied  of  his  lorUship's  innocence,  so  that  nia  I 
ship's  reputatkm  oould  not  have  suffered  m^m 
that  account.  But,  that  on  tlie  other  hand,  ha 
was  much  surprised  to  find  that  a  nobla  pafl^ 
whose  abilities  and  merit  bad  jnally  so  grart. 
wflifht  in  that  illuatrioua  as-eaiblypahoald  ii^ 
a  tnvial  cwcnmalanoey  ridicnia  aa  a  iotia^ 
hamd«Bd4 


457 j  and  uthertffor  o  Treasanabk  Compirac^*         A*  D,  1725. 

mi  wUnl  conspiracy.  Um  b«eii  farmed  and 
mWf  for  toliciUnf   •  for^u  force  to 
I  yagiioms,  lor  rm»'mg  a  rcWlUon, 
im  LoQitau,  aud  divers 


dwwn  in  r  tigw ;  ftmi  i^Mn  a  fttti,  triflingf  par* 
Iknl^  S  at  DO  |Kirt  of  it  w  bh  true. 

Lo:  a/  aoi^ered  Uie  lord  Towns- 

Lwi<«t^«.  rtcd  by  ttie  lord  Craven, 

ial  tk4>  4.  uuuK  who  iiiHiiiuatef)  us  if 

^■fbr  Miia  (hill  ot  ittc  |dol  wai  a  base  contriv- 
^■^■a  if  tji»r  «iaertiio(»  to  blust  th«ir  honour  and 
^■nfMUMWi,  :      I  itrintJ  USe* 

^■to  !•  ill  them  oh- 

ctfiMjiavlnwuilmcnt  waU  more  warmlb  than 

I  ton!  CAdogtin  mtd  liiefeupon»  That  fcvr  hts 
I  mm  i^Ti  ilMMiirli  hi&  njtirte  was  often  mention - 
I      «•  ="  ^  er  troubled   himself 

[       ^••t      ,  .     K'O,  there  wa*»  reason 

to  Icdere  w»nic  |ieo|>k  wt;re  sore,  when  ihey 
PikHtiVil  •*>  wiirfi  at  the  lea^t  foucli. 
TbrlU»-hj|>  [>elled  this  refleclirm, 

»  A  (fr^^l  d.  -  ,;y^  an'l  soid,  lie  wa» 

ifialp  Aud  mfiuud  tifi  uity  in  lh»t  ifliifetiiont 
■My  %  lint  OS  be  bud  the  hononr  to  hare 
aticteot  noble  blood  rnnninif  in  Kts 
■i  llkM  teme  otbers,  io,  he  tiuped,  he 
'  ^  W  allowed  in  exprew  a  more  thun  ordi- 
»•»(  a^ost  inaniHa  olTered  to  the 

fW  miHimi  wan  o^atired  by  81  agonal  Sd. 

tsimfi,  we  refer  to  those  entered 

u  niaile  on  the  9th  diiy  of  this 

i><  a  itesolution  of  ihe  like  iiii. 

.,)  Sctknd^lt^  Cowper,  Binjjby, 

_  iinii^    0»rtmouth,    Gowpv,    «tiMf* 

|,CrM%*-ii    I.iirhfield.  Poutett,  CJuiJ- 

feri!,   M  stori,    Hay/Foley, 

AybafoR)     I        ,  ^>n>   Dxbridge,  Exe- 


^^\i  fottoirfug  I>eclaratlof]B  were  published 
*^  MbMiime. 

|T|t  PiirtAajiTioft  of  WiLLUM  Eaiu*  CoWPfR, 

l^iiriliCf    ihui  tilt'  iTiriir>^9   containefl    in 

•DOM  liMi  la  him,  ill  ti»# 

i't^er  biyer,  art? 

I  grottndlcM« 

^HMMiili  ksar^iav  dm  ji  not  aflecA  any  ofM», 

r  in  law  or  rria^i.  'i'««'rve«  «v»fiirit- 

a«  wb«»rt*  tli«»  tni  ;ir  it,  c?«pertKllv 

•ad  ihrr^Nwi!  bothmf  ibat  Lkyrr  m 

I  nf  ibe  t9tb  nf  JmviiutrV  and 

b«f  Pdimary  la  it.  Inih  aaid,  that  one  fHan- 

wi/  fH«  i-KplnMiiii^  wliai  was  oieaal 

thai  bird  Orrory  wio  dtair* 

afi«l  i  Co»|iar,  awlVirfa  o<tber 

••il  vf«.  (mnivKifiprSf  notned^  werv  of  that 

mm4  ibot  Uii»  f  ndi  ii>et  mootMy,  as  h**, 

^  tbpwjr^,  a4  m»e  sootit^'H  bouari :  and 

I  (Uialtf iMfC  but  my  nverm^-m  will  btf  beiiovM 

ntnt  Hear  aiy,  etprriafty  fttim  One  in 

r4a  hambjr  d«- 


[458 

other  partt  of  Great  Britain,  and  eran  for 
l«yin«r  violent  b«nd8  on  the  sacntf  -  - -i  of 
tii«i  miijestVt   autJ  on    liix  rnyal  I  i  ite 

prince  of  Wale«,  in  order  (odeatro)  w. -u>a 

dare  and  affirm  upon  ray  bonoiir.  That  I  do 
not  bnow*  or  believe,  and'  never  heard  before 
the  said  examinations  were  talked  ol,  that  there 
was  any  anch  chib  or  meeting- :  that  as  to  tlir^e 
of  the  commoners  named^  f  i«»  sir  I!*  Goring^, 
Mr,  Dawkina,  and  Mr.  8bippen,  1  do  not  know 
them  so  umcb  as  by  sif^ht  i  and  as  for  two  of 
the  remainiujLf  ihrr  i<^rs,  vij,  gjr  Con* 

utouline  rbipps  lii  ^V ebb,  I  hare  not 

been  in  thcir,oreiiiu  j  ^n  mj«  trcimpnoies  nt  any 
time  within  sixlern  years  last  past :  and  as  to 
the  lords,  !  never  met  iliem^  or  any  of  them, 
but  either  accidentally  on  visits  ot  cewmonyp 
or  in  the  time  of  parliament,  and  that  wttik 
other  lords  on  the  buainesa  of  parliament  only  t 
and  for  one  of  the  said  commoners,  whom  f  am 
acquainted  with,  viz.  Mr.  Hutcheton.  I  never 
onoe  was  at  miy  meeting  w*ith  bfin  together 
with  any  of  the  said  lords  or  commoners.  And 
whereas  L:iyer  in  hii  examination  of  the  IpLtl 
of  Septeml>er  last,  said,  That  lord  Orrery  told 
hfm  tbat  lord  Cowper  told  him  (lord  Orrery) 
thai  tlX)  torie»  and  90  gi-ombletooiann,  would 
try  their  la^itetfort  in  the  House  *)i  Commons  ; 
and  in  another  examination  of  the  $|st  of  tho 
s^roe  months  I^nyer  refienta  the  Name,  exeepi 
tliat  he  osfs  the  words,  onifry  whigpi,  instead 
of  tljc  worti  srrumhletotir.iti'^ :  I  dofierehy  de- 
clare, and  ufiirm  upon  my  honour Jhat  f  n^vef 
said  so  to  lord  Orreiy,  m^r  to  ihiit  effect,  nor 
any  thing  like  it:  ttud  1  do  therffore  verily 
l»elteve  thai  lord  Orrery  never  aaifl  that  I  dtd. 

*'  CowrEtt.** 

A  Decuiration  sii;neil  by  Arcuisald  HtTcnE- 
SON»  e*ij.  and  j^iven  to  Mcvrntl  itt^  his  ac* 
muMitiinre,  mnm  nfti  r  be  had  fterused  the 
Exaniiiviition  of  ChriNlopher  LAycr  in  th^ 
App*  rtdtx  to  till*  Rept>rt  of  the  Secret  Com^ 
mtttee^  m  vihirb  Laytc  has  iwu'l*'  tuf ntioQ 
of  his  name^  a^  one  of  Btj-  !i  5 

which  the  fiaid  Lay  er,  in  hi*  i  nn» 

siiiih,  be  was  told  by  one  Pluokett,  Marcli 

**  Ha«iot;  rcod  part  of  the  Examiuaiion  of 
Lav*  t  nf  iIh  \0^U  of  Jiinttary  Jind  4th  of  Pe^ 
bi«  I  thi*  Apprndix  to  the   Ueport  of 

iht'  >  <iiituitiri\  to  wbii^h  I«ayer  is  men* 

tioncd  til  hove  mml,  Tbat  one  PluultHt  told 
bin  I,  an  expbinini^  what  wms  meant  by  *  Dnr* 
I'^rd'N  cinb,*  tbat  Uh^  Orri'r?  wav  cbuirman.  and 
iliat  tbia  liub  met  inontbliy,  ut  one  anotber'a 
botisi'a,  M  Layer  ibonKbl  ;'and  that  Ploiiketl 
leU  bitn,  Tbatibere  wt^re  eiirbt  other  bmU  und 
six  rnmmoners  (wboae  names  be  nif^otioiM  | 
and  mine  ant  one  of  lAioni)  ol^  that  elub  ;  I  do 
Wri4iv  (b^^Ure,  upon  tlie  hoo4»ur  of  a  (*etid«<^ 
man,  ^fbiU  I  do  mii  koow.  or  If^'tit've,  thut  tb^ro 
vraa  «  Hub  or  moetinf(  oi  otiy  of  *'-  '  '  or 
ffentlenien  tii«atiot]«d  in  llie  shh)  tiy 

MOr  liavo  1  evar  liaard  of  any  m*  *  .^^  ^  imm 
lord  Oa«ry  wai  pt«Mtt|  cxoift  Itnt  wiudi  irat 


4 


1 


i 


459] 


^GEORGE  I.  Proceedings  against  Bishop  Atierhuryf  [468 


mnd  happy  constitution,  by  placing  a  Popish 
Pretemler  oo  tlie  throne. 

Ordered,  By  the  Lords  spiritual  and  tem- 
poral in  parliament  assembled,  that  the  thanks 
•f  this  House  be  given  by  the  lord  chanceilor, 
to  the  said  lords  committees,  for  their  havincr 
discharged  the  trust  in  them  reposed  with  great 
exactness,  care,  fidelity,  and  candour.  There- 
upon, 

The  lord  chancellor  addressing  himself  to 
the  Lords  of  the  said  committee,  gave  them 
the  thanks  of  the  House  in  the  following 
urords: 

My  lords  who  were  of  the  committee ; 

I  am  commanded  by  the  House  to  give  your 
lordships  the  tlianks  of  this  House,  for  ^our 
having  discharged  the  trust  reposed  in  you 
with  great  exactness,  care,  fidelity  and  can- 
dour. 

My  lords ;  The  trust  was  as  great  as  ever 
was  reposed  by  this  House  in  any  of  its  mem- 
l>ers.  The  subject  matter  of  your  enquiry,  a 
conspiracy  the  most  danj^erous  as  well  as  de- 
testable, big  with  mischiefs  of  all  kinds,  and 
destructive  of  every  thing  that  is  valuable 
amongst  us  ;  carried  on  and  managed  in  a  new 
devised  method  with  the  utmost  cunning  as 
well  as  wickedness,  and  covered  with  all  tlie 
disguises  the  most  artful  dexterity  couUI  con- 
trive :  and  which  therefore  required  the  great- 
est penetration  and  skill  to  lay  open.  And  the 
papers,  some  of  them  of  such  a  nature,  that 
jt  was  thought  fit  to  refer  them  to  your  lord- 
ahi|)s,  locked  up  as  they  were,  without  reading 
tiiem  ill  the  House. 

My  lords ;  Your  lordships  have  fully  an- 

earried  on  in  the  two  last  sessions  of  parlia- 
ment, when  lord  Orrery,  and  several  lords  and 
geiulemen  (not  mentioned  in  Ijayer's  exami- 
nation) met  weekly,  and  1  believe  with  great 
innnccuce,  dined  at  one  another's  houses ;  and 
1  do  further  affirm,  That  even  on  accidental 
visits,  I- have  seldom  met  together  any  two  of 
the  lords  and  commoners  so  mentioned  in 
Layer's  examination :  that  there  are  two  of 
these  (rommoneni  (sir  Henry  (loring  and  Mr. 
Dawk  ins)  wlif»se  faces  1  do  not  know ;  and  two 
others  (general  Webb  and  sir  Constantine 
Phip|»s)  between  whom  and  me  there  hath  not 
been  for  fiUeen  years  last  passed,  the  inter- 
course even  of  ceremonial  visits ;  and  between 
me  and  the  lifih  commoner  (Mr.  Shippen)  hut 
▼ery  seldom :  that  there  are  three  of  those 
lords  (Scarsdale,  Ci-aven,  Gower)  with  whom  I 
have  very  little  acquaintance;  a  fourth  (lord 
Binglcy)  whom  i  have  never  met  any  where 
but  in  visits  to  others;  or  in  public  plaices; 
mnd  a  fifth  (the  bishop  of  Rochester)  in  whose 
company  I  have  be<>n  but  twice  in  three  years 
lime.  1  mention  this  to  shew  the  notorious 
falsbood  of  Layer's  hearsay  evidence  of  *  Bur- 
ford's  club,'  an  appellation  I  never  heard  of 
until  some  time  aAer  the  appointmeot  of  tba 

JUCH.  HVTGBIMII." 


swered  the  expectations  the  House  entertained, 
when  they  pitched  uj>on  you  for  this  trust. 

Your  application  m  gonig  through  so  many 
papers  of  affected  and  studied  obscurity  ;  your 
candour  and  exactness  ^n  examining  the  per- 
sons concerned,  or  any  way  capable  of  giving 
any  satisfaction,  and  in  representing  wliattbey 
said  ;  the  accuracy  and  judgment  of  your 
remsrks,  the  light  you  have  so  happily  givfft 
to  several  passages  in  the  Report  of  the  com- 
uiittee  of  the  Commons,  which,  though  in 
themselves  just,  were  yet  liable  to  cavils,  by 
such  as  were  loth  to  have  the  truth  found  out, 
give,  I  dare  say,  a  sensible  pleasnre  to  every 
lord  here  that  has  heard  your  Report  read,  and 
finds  himself  thereby  enabled  to  form  a  jodg- 
ment  with  so  entire  satisfaction  to  hinoaetfy 
concerning  this  abominable  work  of  darkness, 
which  the  actors  have  endeavoured  to  aumund 
with  impenetrable  obscurity. 

This  noble  pleasure  of  seeing  the  truth,  not- 
withstanding bo  many  contrivanceo  to  hide  kp 
and  of  being  thereby  enabled  to  come  to  r^ffat 
resolutions  in  a  matter  of  such  importuee, 
has  very  naturally  and  agreeably  broke  aei 
into  so  unanimous  a  resolution  of  retorahig 
the  thanks  of  this  House  to  your  lordships,  to 
whom  they  so  much  owe  it.  And  in  obedi- 
ence to  their  commands,  I  do,  with  partiealar 
pleasure,  give  your  lordships  the  thanks  of 
this  House,  for  your  having  discharged  the 
trust  in  your  lordships  reposed  with  great  ef- 
actness,  care^  fidelity,  and  candour. 


Proceedings  as  to  Plunkett. 

On  the  5th  of  April  the  Bill  against  Plan- 
kett  was  hiouj^ht  up  from  the  Commons,  wsi 
read  a  first  time,  and  ordered  to  be  read  asecoai 
time  on  the  'itUli.  It  was  also  ordered,  that  a 
copy  of  it  should  be  forth  witli  sent  to  Piunkett; 
that  he  should  be  allowed  pen,  ink,  and  paper; 
that  it  should  be  intimated  to  him,  that  apoa 
application  to  the  House,  he  might  have  cmm- 
sel  and  a  solicitor  assigned  to  assist  in  hisds- 
fence ;  ami  that  he  should  be  brought  to  di0 
bar  on  the  26th. 

On  the  8th,  the  lord  chancellor  aequainted 
the  House,  ••  That  he  had  received  a  letter,     } 
subscribed  Jos.   Piunkett,*  signifying,  H^    / 
intimation  was  given  him,  on  Friday  night  Isitf    ^ 
that  upon  application  to  the  House,  be  may  bsrt 
counsel  and  solicitor  assigned  him  ;  for  wbiek 
he  returns  his  hearty  thanks  to  the  Honssif 
Peers :  and  as  he  has  not  wherewith  to  fiee  a      ■ 
counsel,  he  desires  to  have  Mr.  Thklani,iB     ^ 
Elm-court,  in  the  Temple,  or  Mr.  Barnud     ? 
Camd,  near  the  Library,  as  a  solicitor,  to 000* 
to  receive  his  instructions  in  private,  and  lesft 
to  summon  such  witnesses  as  he  ahall  find  ■*■ 
cessary,  and  advise  with  oounael,  if  need  bi." 

It  is  ordered,  That  the  said Thidar " 

and  ia  hereby,  anigiKd  aoliQiiar  ht  f^ 
Plankfltt  aceonlJiigqr« 


mtd  othtrSffor  a  Treaxonahlt  CompirtBi/.  A,  D.  17SS. 


[4CS 


Tbe  flootc  bewjg  moved,  **  That  John  Plun- 
hmi  he  Ibrtbwiib   committed  ta  ihe  Tower  of 


And  ftqucslloii  [mug  stated  thereupon  *  afler 


put,  "  Whether 
put," — llwis 


The    iir»-f  nma  niii^lion  WIS 


ill  be  now 

I    _,- uve. 
iOtki,  certain   ii^ilnes^eson  hehalf  of 
»giiio«t    Flan  Lett,    were  ordered   to 


H^|^p«  fBtfid  a  petition  fvf  John   Plunkett, 

w^fBm  in  the  Tovvfr,  c^v  thut  cer- 

liaaaxiiea   nere  taken  i  t  the  time 

tfkii'  ■  ■■   '  ..iU    Thii  pttiLion  wis  or^ 

4tr^'  >le. 

t>««  i]  r  !!» \)  tj^sy  lord  viscooTil  Trtwoshend 

ia|umi<itrcl  iliC  HfMisc,  **  That  he  and  llie  lord 

I      Cilrr"    *  -'    'nadtf  inipiiry  into  the  matter  of 

Ihvr  >rit)imed  in  the  petilioD  ofJohn 

,F-.^  ii  was  jeatcrdny  ordered  to  lie 

to  the  House,  «  Thnt  mr 

I  the  money  found  in  the 

-j^ion  when  first  taken  into 

mmttay  4  and  xUm  the  same  is  returned  to  hiu» ; 

ImJ  p"-tiM  hnve  been  so  aoooert  had  he  made 

'»:"'   und  thereupon  it  was  or- 

I'J  iid  petition  should  he  rejected* 

Cki  Mm    :vh^  Piunkett  (ireRenteil  a  i»etirion 

Ipnjrfnir  that  th^  second  reading  of   the  OiH 

tit  *  '-   '       ,o:»tponi*d,  us  counsel 

I  »«'  1  jke  his   drfente  hy 

^  <<i  Ihe  linte  allowed  for 

ition  wns  rejectwL 

,....     ...,,  wiincjtses  wi*re  ordered  lo 

I  FlimkfU*^  Bill,  on  tfie  '26lh  ;  and  the 

bt)W  (if  i!te  Tower  whs  ordered  to  bnog 

Isl  bar  on  the  same  day.    And  or* 

lur  certain  regulations  respect- 

ilrmL 

,  Ctn  in  witnesses  were  ordered  to  at- 
ilUtely  on  Plunkett's  bill* 
\  wf|«  hroujflit  to  Ihe  har, 

- -r  o[K!ned  the  nature  of  the 

♦?  It*  prove  the  aJlegations 

mui^prt^ritiifnt!  iijirrfif;  proceeded  to  the  pnv 

m  of  their  evidence;    in  the  course   of 

offered  several   extracts   out  of 

Hi)  letters  wriiten  by   the  king'^ 

"»id  otherF,  to  the  secretaries 

>ve  the  a  Ik'^'. 1 1  ions  in  the 

h]«  of  the  Bill,  which  re- 

y  againiit  his  majes* 

■ni. 

lion  liTiu|f  mode  to  the  reading 

-ration,  whether 
vied  to  be  read  as 

profMMcd,  **  That  the  original 

uwhtiod  and  th«  lord 

"  '*'    '    '  f  said 

I  been 

•   '  "MM* -,  <.,»J  deli* 

UDi  19  ihb  Uouit;   ii^d 


that  the  original  letters  from  which  they  wcr« 
transcribed  contained  several  particnlars  whicli 
it  tfl  not  coo  in  stent  with  the  safety  of  the  public 
to  divuJjfe." 

And  the  same  thing"  was  declared  concerning 
the  naltire  of  the  oibers,  hy  several  of  the  lord* 
con)mitt«^f>,  to  whom  the  Report  and  original 
papers,  dehvercd  by  the  House  of  Commons  at 
aeveral  conferences,  were  referred;  who  in- 
formed the  flou3e»  *'  That  the  said  ortgiuat 
letters  had  been  laid  before  them." 

And  the  counsel  being  again  called  in  ;  and 
aiiked«  **  What  other  extracts  they  intended  to 
offer  ID  cfidence?'* 

And  informing  the  Itouse,  "  They  intended 
not  to  offer  any  extract,  hut  what  were  attest- 
ed by  the  secretaries  of  state,  and  are  printed  in 
the  appendix  to  the  ne|H>rt  of  the  committee  of 
the  Li o use  of  Commons,  appointed  to  ejcamins 
Christopher  Layer  tiod  others:"  And  thea 
withdrawing: 

Some  of  the  said  lords  committees  gare  th« 
House  an  account  of  their  having  examined  tht 
said  extracts  with  the  said  original  letters;  and 
found  the  same  to  agree* 

And,  afier  debate,  a  question  was  proposed^ 
**  That  the  opinion  of  the  judges  be  asked^ 
whether  extracts  out  of  letters,  written  by  the 
king^s  ministers  abroad,  and  others,  to  the  se- 
cretaries of  state  here,  attested  by  the  secre* 
taries  of  stite,  and  examined  by  the  lords  of 
the  committee,  and  found  to  agree  with  theori- 
giuals,  u0ei^d  to  be  produced  lo  prove  the  firat 
part  ol  the  preamble  of  the  UiH,  u  lijch  recite*  a 
detestable  conspiracy,  for  the  purposes  in  tht 
Dill,  could  be  read  as  evideitce  in  the  courts 
below,  in  any  prosecution  against  John  Pjun* 
kett  ?" 

And  eacception  being  taken  to  some  words  in 
the  said  question  :  and  the  question  bein&jf  put, 
**  U'hclher  these  words,  [attested  by  the  secre- 
taries of  state,  and  examined  by  the  lords  of  the 
committee,  and  found  to  agree  with  the  origi- 
nals,] shall  stand  part  of  the  question?" — li 
was  resolveil  in  the  affirmative. 

Then  it  was  proposed,  **  That  these  wordu,** 
[which  orifrinals  are  yet  extant,  and  remain  in 
the  hands  of  the  secretariss  of  state,  but  con- 
tnin  particulars  which  it  is  not  coosi«tent  witb 
the  safety  of  the  public  to  divulge,  as  hatli 
been  afBrmed  to  this  House  hy  two  secretaries 
<if  state  and  the  lords  committees,]  **  should 
be  madt!  part  of  the  question*** 

It  was  agreed  to  hy  the  House. 

Then  the  question  was  put,  **  That  the  opi* 
nion  of  the  judges  be  asked,  Whether  extracts 
nut  of  letters  written  by  the  king's  ministers 
abroad,  and  others,  to  the  secretaries  of  statu 
tiere,  attested  by  the  secretaries  of  stiite,  and 
vvaintned  by  the  lords  of  the  comnuttee,  sihI 
fc  iin*t  to  fl<?rec  with  the  originals  j  which  ori* 
ginaU  ill  '  lOt,  and  remain  in  the  hands 

of  the  N  >f  state,  but  contum  parttou- 

lars  whun  n  >-  1  <  rnfr.;v!*nt  with  the  safety  of 
Ihe  public  to  ciiau.^i  .  i  ih  been  affirmsd  Sa 
this  Hou%c  b^  iuu  totciciiiiji^ii  of  state  and  ibe 
Igids  conimittecii  oifered  to  ba    prudticed  If 


^ 


463] 


9  GEORGE  I.  Proceedtngt  agaititi  Bithop  AUerbwrj^  [4M 


prove  the  first  part  of  the  preamble  of  the  Bill, 
which  recites  a  df testable  conspiracy,  for  the 
purposes  in  the  Bill,  cuuid  be  read  as  erifleDoe 
ID  tbe  courts  below,  ia  any  prosecution  aipuu»t 
John  PlunkettP" 
And  it  was  resolved  in  the  negative. 

<'  Dissentient. Cardi(^n,  Anglesey, 

Scarsdale,  Bruce,  Craven,  GuilfunI, 
Ay  lesford,  Gower,  Lechinere,  Uxbridge, 
Poulett,  Litcbtiel«*,  Beikele\  of  Strai- 
ton,  Fran.  Cestnens',  Brooke,  Expter, 
Foley,  Conipti*n,  Batknrst,  IVeston, 
Dartmouth,  Wiiloughuy  de  Broke,  Ma- 
ahaiD." 

Then  a  motion  was  made,  and  the  question 
was  put,  **  Wlietlier  the  said  extracts  shall  be 
read,  in  proof  of  the  allefifations  in  tbe  pream- 
ble of  the  said  Bill,"— h  was  resolved  in  the 
affirmative. 

*'  Dissentient. Strafford,    Scarsdale, 

Craven,  Aylestbnl,  Cardigan,  Poulett, 
Bruce,  l/zbridge,  Lech  mere,  Fran. 
Ccstrieas',  Berkeley  of  Siratton,  Angle- 
sey, Bathurst,  Foley,  Litchfield,  Guil- 
fonl,  Weston,  Gower,  Coinpton,  Brooke, 
Dartmouth,  Wiiiougbby  de  Broke,  Ma- 
sbam,  Exeter. 

The  counsel  for  the  Bill  offered,  in  farther 
proof  of  tbe  conspiracy  in  nfeneral,  au  exami- 
nation of  Philip  NeyiKie,  since  deceased,  before 
•ome  lords  of  the  council. 

And  an  objection  being  made  to  the  reading 
thereof;  and  some  proof's  being  heard  concern- 
ing the  same:  and  a  question  being  stated, 
**  That  the  examination  of  Philip  Ney  noe,  since 
deceased,  t>efore  some  of  the  lords  of*  tlie  coun- 
cil, in  farther  pn»of  of  the  conspiracy  in  general, 
the  words  following,  *  but  not  taken  upon  oath, 
«  nor  signed  by  him,*  were  pro{iOHed  to  be  in- 
■erted  after  the  words  *  lords  of  the  council,'  " 

And  the  question  being  put,  '*  Whether  those 
words  shall  be  made  part  of  the  question," — It 
was  res<»lved  in  the  negative. 

*<  Dissentient. Strafford,    Scarsdale, 

Anglesey,  Cardigan,  Ay  lesford,  Bruce, 
Gower,  Foley,  Craven,  Litchfield, 
Brooke,  Daitmouth,  Compton,  Poulett, 
Willoughby  de  Broke,  Fran.  Cestricos', 
Exeter,  Masham,  Wekton,  Uxbridge." 

Then  the  question  was  put,  *<  Whether  the 
examination  of  Philip  Neynoe,  since  deceased, 
shall  be  read  in  proot  of  the  conspiracy  in  ge- 
neral,"— It  was  resolved  in  the  affirmative. 

*<  Dissentient. Scarsdale,  Gower,  Car- 
digan, Anglesey,  Strafford,  Dartmouth, 
Aylesfoid,  Brooke,  Foley,  Bruce,  Wil- 
loughby de  Brtike,  Exeter,  Litclifield, 
Weston,  Poulett,  Compton,  Masliam, 
Uxbridge,  Fran.  Cestriens',  Craven." 

The  counsel  for  the  Bill  ofiered  in  evidenoe 
the  copies  of  three  letters,  which  'were  made 
ap  in  m  packet,  and  tent  endoaed  in  a  littar. 
dited  April  SS.  irS8|  dinolidi  "ilbi  Om 


therefore  the  proceedings  agmimtUoi 
ve  irregular;"    and  prayed,   "Hal 


I  don  leftls,  banquier  k  BoalogM ;"  om  directed 
to  Mr.  Cbivers,  dated  April  90,  IfM,  s«b« 
scribed  **  T.  Jones ;"  the  second  to  Mr.  Hna- 
ffrave,' dated  April  SO,  17S3,  snboeribed  *«T. 
Illington  ;*'  and  the  third  la  Mr.  Jackaoii,  { 
April  ^,  17SS,  and  subscribed  "  1978," 
taming  several  passages  in  cypher. 

Anil  Robert  Clarke  and  Peter  Tbouroiii 
examined,  upon  oath,  as  to  their  taking  the 
saiti  copies  from  tbe  original  letters,  whkh 
were  stoppeil  at  the  post-office,  and  wbe&ci>- 
pied,  were  forwarded  as  directed. 

Au  objection  was  made  to  tbe  reading  the 
said  copies. — After  debate ; 

The  question  wss  put,  '*  Whether  the  wui 
copies  of  the  said  letters  shall  be  read,"— ll 
was  resolved  in  the  affirmative. 

April  S7.  The  prisoner  was  directed  to  pro- 
ceed in  his  defence. 

Whoatlegeil,  <<That  he  was  not  heard  at 
the  House  of  Commons  against  tbe  said  Dill ; 
and  that  therefore  the  | 
there  were 

Charles  lJilton,esq.  may  be  aligned  his  t 
sel,  to  assist  him  in  his  defence." 

It  was  ordered.  That  the  said  Charles  Hil- 
ton be  assigned  tbe  prisoner's  counsel,  as  de- 
sired. 

Who  attending,  was  called  in  and  aapiaintel 
therewith. 

And  then  informed  the  Hoase,  "  That  he  il 
altogether  unacquainted  with  the  merits  of  tba 
cause ;  but  comes  prepared  to  speak  to  oaa 
point  only,  viz.  that  the  proceedings  m  the  Hoow 
of  Commons  were  irregular." 

Whereupon  the  lord  chance1k>r  acquamlsi 
him,  '*  That  if  he  had  any  tliini;  else  to  oftr 
in  the  prisoner's  defence,  be  might  now  pro- 
ceed ;  but  that  he  was  not  to  object  to  tbepio- 
ceedir.gs  of  the  House  of  Commons.** 

But  be  acquaiuted  the  House,  •*  That  he  WM 
unpreparcfd  to  speak  to  any  other  point" 

The  prisoner  ^as  directed  to  proceed:  and 
after  a  witness  on  his  behalf  had  been  en- 
mined,  the  lord  chancelk>r,  by  the  ditection  of 
the  Hou^e,  acquainted  the  counsel  and  tbe  pri« 
soner,  **Thai  il  ihe  prisoner  has  any  obsova- 
tions  to  ni.ike  on  the  evidence  produced  by  the 
counsel  for  the  Bill,  as  beimr  weak  or  notafiod* 
ing  him,  lie  is  at  liberty  to  object  thereto ;  and 
that  his  solicitor  may  explain  any  thing  for 
liim,  and  otherwise  assist  liim  :  but  that  it  Ml 
]>erempt()rily  expected  he  should  proceed ;  aail 
that  be  is  to  staie  what  tacts  be  caUs  wift* 
nesses  to." 

Farther  evidence  for  the  prisoner  was  oa* 
mined,  and  the  prison*  r  desiring  further  lifl^ 
to  produce  his  v\itnesses,  and  to  remark  on  tk« 
evidence  : 

And  a  motion  being  ma<Ie,  **  That  the  fiv* 
tber  consideration  of  the  Bill  entitled,  •  An  Afl* 

*to  inflict  pains  and  penalties  on  John  Pt"B^J|^  i 
be  aifioarned  till  Monday  next,  at  toi  o'dofll*  I 
U-Ift  waa  vpOQ  the  queaiM,  raaoMi  IB  the  »■ 


I  dlherStfor  a  Treasonaile  Cmsptrae^, 

''%sM  IIm  firiilMser  vi^as  directed  to  proceeil. 

Mad  tli«  ipmoncr  Laving  ^nne  throu^'h  his 

•qH  he  ADil  his  !io1icitur  tmring  het^n 

» thr  rcMin<el  for  ihc  Dill  were  heartl 

'\  t^vittcnce  in  snpjiofl  of 

.:»a  witnes-vt»  on  behatf  of 

ill  MnrMlu^  Larcion  wasexnminetl, 

I    '         T   to  mikke  hw 

Its;  antl  ott'ei^tl 

^iriiMt  purpoKeiand 


p*r-ntio 

1km  li*e  Hatil 


read  A  second  time, 


■  Ifct  pti»#itce  ol  iht^  tiri^otitir 

Ani  he  heia*j!  n»k(^it,  ''  If  he  had  any  tlirog- 
6nlMr  I©  %^ev  ?**  an^wereii^  *'  That  lie  con- 
oprad  llie  Villi  Bill  to  be  loo  getieral,  atid  can 
tmkm  an  prtifM!r  defence.** 

TWff^iipuii  the  cntitifte)  were  direct^  to 
flAJ»%«  %   and  iHe  priftotitir  was  taken  ffutu 

Im  wnti-red,  Tliat  the  sat  I  John  Plunketl 
4ii»t»»nd»t*  In  tlio  To**crof  London. 

Awi  ^.l|?ei!,  TItftt  the  liill  be  read 

^ih>  L  the  W\h  ;  aitd  it  was  ordered, 

Hm  int  jffMt^es  do  then  attend. 

Uathe  jr^th,  the  Bill  being  read  a  third  time, 
ltd,  Thiit  the  0|iitiion  of  thejud;;e-!i 
i,  '*  \y  hifltier,  if  John  Plunkett  shall, 
sini;  tit  this  Fiill,  he  indicted  for  the 
lilii  which  lie  atoiids  chAr<;ed  in  this 
L  jf!k^d  Uiift  act  in  bar  of  such  indict* 

i»T    y        -y\\  \ite  ford  chief  justice  of  the 

bench,  in  then^meof  atl  the 

!    coosuUed  tojfether,  deUvered 

I    ojiinion^  *»  Thut,  if  the  said 

^,..  - .  trito  a  law,  he  may  plead  the 

10  bairof  iuch  nKlicniient,'* 

a  inoijoo  was  miide,  and  the  <:)ne^tion 

t  the  Q|iiniou  of  the  judui*^  be 

.  1 1  I      «    if  one  witness  provinjij  no  o*ert 

r««i>M  10  be  done  Uy  John  Flitnkett, 

_     nitneits   |iraiiniJ^  a  letter  to  be  his 

ifdi  if  written  h^  him,  amounlsto  uno- 

o?rft  act  of  the  same  treason,  make  two 

itiintMiet  to  prove  John  Plunkett  guihy 

gh    tr^-ason/^ — It    wus  resohtd   iq   the 

l«Aif  long  dtjbale  the  question  was  put| 
tht»  Bill  ^hitlt  pas»/' — ft  was  re- 
I  llie  Alfirmatitef  b)f  87  agam»t  54. 

fit. 

L-  Bdlt  of  thl«  nature,  Hi  we 

^  otk^tit  nnl  10  mH\  ■  vm  of  eti- 

iiy^wben  the  ;  o  of  the 

requtret  tt ;   wiiini  wt*  mke  to  be 

w  in/m  tht  fircirnt  iiine,  the  conspirarv 

htm  dH..'*"'i    .  1  ■■  -    ^ ,  aorU  the 

n'oiiHider- 

**pi      ,     -  I  -»..v.  ..,,..i  tiie  many 

h%  a  now  appearit  h«  baa  wrote  to 

jpimdeiiiA  abroad,  mutt  appear  lo  hare 

I  ittifMlor  and  d«oeiv<»r  eren  to  bia  own 


VOLWl- 


of  thii  ktod,  ttudlog  lo 


conrict  and  puninh,  are  in  their  natnre,  thwttj^'h 
not  form,  judicial;  and  do  let  the  Commoti^t, 
in  effect,  into  an  equal  f<hare  with  the  Lord^  in 
jtidicature;  which  the  liords  ought  to  be  f  crv 
jealous  of  doing,  since  the  power  of  judicature  m 
the  greatest  distin^ttisluntr  po^ver  \Ue  I^rda 
hate  :  and  there  will  be  little  reaion  to  hope 
that,  if  Bills  of  this  nntme  »re  given  way  to  by 
the  Lords,  the  Commons  will  ever  bring  op  irtK 
peiichments,ormake  themselves  accusers  otily«^ 
when  they  can  act  as  jtjdgps. 

"  Sdty>  Ttiia  Bill,  in  our  opinion,  dlHcri 
materially  from  the  precedents  cited  for  it. 
As  to  the  case  of  sir  John  Feu  wick  ;  it  is  plain » 
by  the  preamble  of  that  Hill,  that  the  trrv>nnd 
most  relied  on  to  justify  procccdiugagainsL  him 
m  that  manner  was,  that  there  had  been  two 
legal  witnesses  proving  the  hi^h  tretu-on  agtihiH 
hiin ;  that  a  Bill  was  ibund  uiroinst  him  oti  tlirir 
evidence,  and  neveral  times  uppointed  him  for 
a  legikl  trial  thereon,  in  the  ordinary  course; 
which  be  procured  to  l>e  put  off,  by  undertaking 
to  discover,  till  one  of  the  evidences  withdrew  ; 
so  that  it  was  solely  his  own  fault  ihnt  he  had 
not  a  legal  trial  by  jury  :  all  which  circum- 
stances not  being  m  the  present  case,  we  take  it 
they  are  not  at  all  to  be  compared  to  one  ano- 
ther. 

"  ithly,  As  to  the  acts  which  passed  to  detain 
Counter  and  others,  ^'^•' '--'"'  ^  ■•'  *^^'  <--. nunnery 
to  ftMsasiinate  the  Im  « 

memory;   we  cone. ,  : -  i    :  m 

their  nature  bills  of  attainder,  as  this  is  ;  but 
purely  lo  enable  the  crown  to  ke^ p  them  in  pri- 
son, notwithstandiut?  (he  laws  of  liberty ; 
whereas  this  is  a  Bill  to  inflict  pains  and 
penalties,  and  does  import  a  conviction  and  sen- 
tence on  the  prisoner,  not  only  to  lose  his  liberty, 
but  also  all  his  lands  and  tenements,  goods  and 
chattels ;  of  which  he  having  none,  as  wc  lie- 
lieve,  wecannot  apprehend  why  il  was  inaerted, 
«nd  rliis  Bill  not  drawn  on  the  plan  of  Counter's, 
Sec.  unltras  it  was  to  make  a  precedent  for  such 
forftitures  in  cases  of  Bills  which  may  hereafter 
lie  brought,  to  canvict  pi^rsons  who  have  great 
e^tiites,  upon  evidence  which  doe**  not  come  up 
to  what  the  Uw  in  Ireing  requires, 

**  5thly,  If  there  be  a  defect  of  legal  evidence 
to  prove  tbls  man  guilty  of  hij^h  treason,  such 
dt^fect  always  was;  and,  we  think,  if  Bills  of 
this  nature,* brought  to  supply  original  defects 
iti  evidence,  do  receive  couutennnce,  Ihey  may 
become  familiar  ;  and  then  many  u«  luimreiit 
person  may  be  feachei!  by  them  ;  since  it  is 
hard  lo  drslinguish,  whether  that  defect  pro- 
eeeils  from  tlie  cunning  and  artifice,  or  from  tba 
ian^'Htf ijce,  of  the  party, 

"  (ilhly,  This  proceeding  by  Bill  does  not,  in 
our  opinions,  onlj  tend  to  lay  aside  the  jodiHal 
p<Htrr  of  the  Lords,  but  even  the  umc  of  jurie«, 
whicli  ditittnguivhes  this  nation  from  all  ita 
i>ei;,*hbonrs»  and  is  of  the  highest  value  to  all 
who  ntjhll)  nnderMLand  theseroriiv  imd  other 
hcuetits  ;jr<  ruin^r  fmm  it :  and  whiitcver  tends 
to  alter  or  wenkiu  that  great  privilege,  we 
think,  is  an  alteration  of  our  constituhon  (or  the 
worse,  though  it  be  dooi  by  act  ef  parli 


I 
I 


taij 


9  GEORGE  L  Proceedings  againsi  Biihop  Aiierbugg,         [4fil 


Und  if  it  may  be  supposed  that  any  of  onr  fun- 
dameutal  laws  were  set  aside  by  act  of  pariia- 
meot,  the  nation,  we  appreliend,  wouki  nut  be 
at  all  the  nnore  comforted  from  that  considera- 
tiott,  that  the  parliament  did  it. 

**  7thl^,  It  IS  of  the  essence  of  natural  justice, 
■  as  we  think,  but  ft  is  most  surely  the  law  of  the 
realm,  that  no  person  should  be  tried  more  than 
once  for  the  same  crime,  or  twice  put  in  peril 
of  losing  his  life,  liberty  or  estate :  and  though 
we  acquiesce  in  the  opinion  of  the  judges, 
^That,  if  this  fiill  pass  into  a  law,  Plunket 
cannot  be  again  prosecuted  for  the  crimes  con- 
tained in  the  preamble  of  the  Bill ;"  vet  it  is 
certain  that  if  a  Bill  of  this  kind  should  happen 
to  be  rejected  by  either  House  of  parliament,  or 
by  the  king,  the  person  accused  might  be  at- 
tacked again  and  again,  in  like  manner,  in  any 
subsequent  session  of  parliament,  or  indicted 
for  the  same  offence,  notwithstanding  that  either 
House  of  Parliament  should  have  found  him 
innocent,  and  not  passed  the  Bill  tor  that 
reason :  and  we  conceive  it  a  very  great  excep- 
tion to  this  course  of  proceeding,  that  a  subject 
may  be  condemned  and  punished,  but  not  ac- 
quitted by  it. 

**  8thly,  We  think  it  appears  in  all  our  his- 
tory, that  the  passing  Bills  of  attainder,  as  this 
we  think  in  its  nature  is  (except  as  before  issaid 
ID  cases  of  absolute  and  clear  necessity),  have 
proved  so  many  blemishes  to  the  reigns  m  which 
they  passed ;  and  therefore  we  thought  it  our 
duty  m  time,  and  before  the  passing  this  Bill  as 
a  precedent,  to  give  our  advice  and  votes  against 
.  the  passing  it,  being  very  unwilling  that  any 
thing  should  pass,  which,  in  our  opinions, 
.  would  in  the  least  derogate  from  the  glory  of 
this  reign. 

''  9thly,  We  apprehend  it  to  be  more  for  the 
interest  and  security  of  his  majesty's  govern- 
ment, that  Bills  of  this  nature  should  not  pass, 
than  that  they  should  ;  since  peraons  who 
think  at  all  cannot  but  observe,  that  in  this  case 
some  things  have  been  received  as  evidence, 
which  would  not  have  been  received  in  any 
court  of  judicature  ;  that  precedents  of  this 
kind  are  naturally  growing  (as  we  think  tliis 
Ifoes  beyond  any  other  wliich  has  happened 
aince  the  Revolution) ;  and  if  from  such  like 
observations  they  shall  infer,  as  we  cannot  but 
do,  that  the  liberty  and  property  of  the  subject 
becomes  by  such  examples  in  any  degree  more 
precarious  than  they  were  before,  it  ma^  cause 
an  abatement  of  zeal  for  a  government  tbunded 
on  the  Revolution,  which  cannot,  as  wc  think, 
be  compensateil  by  any,  the  good  consequences 
which  arc  hoped  for  by  those  who  approve  this 

Bill. (Signed,)   &arsdale.  Craven,  Wil- 

loughby  de  Broke,  Poulett,  Strafibrd, 
Foley,  Cowper,  Berkeley  of  Stratton, 
Bathurst,  Aylesford,  Gower,  Anglesey, 
Bruce,  Litchfield,  Guilford,  Weston^ 
Dartmouth,  Hay,  Ashburnham,  Lech- 
mere,  Masham,  Cardigan,  Brooke,  Uz- 
bridge,  Exeter,  Compton,  Bingley,  Fran. 
Cestriens',  Osborne,  OxCdtu  and  Mor- 
liuitr,  UoDOoyi  Trevor." 
6 


An  Act  to  inflict  Pains  and  Poaltiu 
ON  John  Plunkbtt. 

*«  Whereas  in  the  years  1791,  ud  ir88,a 
detestable  and  horrid  conspiracy  was  fat— d 
and  carried  on  by  divers  trtfiton  for  invAy 
your  majesty's  kingdoms  with  forciga  Ami^ 
for  raising  an  insurrection  and  rebeHioa  a^Hit 
your  majesty,  for  seizing  the  Tower  and  oi^tf 
liOndon,  and  for  laying  violent  haada.iifM 
vour  miyesty's  moot  sacred  peraon,  awl  ipaii 
his  royal  highness  the  prince  of  Waki^  il 
order  to  subvert  our  present  happy  aataUii^ 
ment  in  church  and  state,  and  to  placea  FtopM 
Pretender  on  your  throne:  And  whcmt  ie 
the  better  concealing  and  effecting  the  nidcia* 
spiracy,  divers  treasonable  oorreapoadsam 
were,  within  the  time  aforesaid  earned  «a  k^ 
letters  written  in  cyphers,  cant  words  aad  isto* 
tious  names ;  which  conspiracy,  bad  aat  Al- 
mighty God  in  his  great  merey 
the  same,  would  have  deprived  your 
kingdoms  of  the  ei^oyment  of  their 
laws  and  liberties,  involved  theoi  in  I 
ruin,  and  subjected  your  people  to  tha 
and  oppression  of  Romish  su{ 


arbitrary  power ;  for  which  execraUe  Iraana 
Christopher  Layer  hath  been  indicted,  trisdt 
convicted  and  attainted.  And  whems  Ma 
Plunkett  hath  been  a  principal  actor  in  tha  ail 
horrid  and  detestable  conspiracy,  by  In ' 
ously  consulting  and  corresponding  with  i 
persons,  to  raise  an  insurrection  and  rf^ 
against  your  majesty  within  this  kingdom,  sod  ' 
to  procure  a  foreign  force  to  invade  the  hbm^ 
with  a  design  to  depose  your  majesty,  sad  to.- 
place  the  Pretender  on  your  throne,  by  ltii» 
torously  corresponding  with  the  said  P        '" 


and  by  engaging  in  a  most  execrable  sad  v8» 
laioous  design  of  laying  violent  bands  opos  tha 
sacred  person  of  your  majesty  (whom  God  lo^f  — 
preserve).     Therefore,  to  manifest  oar  jaK 
abhorrence  of  so  wicked  a  conspiracy,  and  o^ 
Zealand  tender  regard  for  the  preaervalisa sf    ■ 
your  majesty's  person  and  go\  jmment,  pai  fiC     . 
the  Protestant  Succession  in  your  m^slj^  '^ 
royal  family,  the  solid  foundation  of  oar  prcHi^^ 
happiness  and  future  hopes  ;  and  to  tne  «iC  '^ 
that  no  conspirator  may,  by  any  contrivaaflaaC  ^ 
practice  whatsoever,  escape  punishment ;  m^F^ 
that  all  persons  may  be  by  the  justice  of  pir*'  M 
liament  for  ever  hereafter  deterred  froaica^.^ 
gaging  ill  any  traitorous  conspirmcieB  or  i^^^ 
tempts,  we  your  majesty's  most  dutiful  uP'^ 
loyal  subjects,  tlie  Lords  spiritual  and  lemMlP.^ 
and  Commons  in    parliament  assembled,  t^^ 
humbly  beseech  your  msyesty,  that  it  may  h^'^ 
enacted ;  and  be  it  enacted  by  the  king's  tmf  ' 
excellent  majesty,  by  and  with  the  advkicav'rj 
consent  of  the  Lrtrds  spiritual  and  tempartlp    3 
and  Commons  in  Psrliament  assembled,  aad  V 
the  authority  of  the  same,  that  the  said  J< 


(jfhen^Jbr  n  Treasonable  Conipirdt^*  A.  D,  172S» 


^ftl  Britain,  to  llie  custody  of  the 
^■|wr  wbereof  the  said  Jolm  Finn- 
Hpi  lime  tu  time  be  cominiMe^t*  in 
Bv  lltifl  i€t,  by  ivHrraot  u utter  the 
tmX  nf  *ny  necreUry  of  itnte  of  hh 
Msbdrvor  tncoef&ors :  i^hicli  war* 
^fttits  any  secretary  of  fttale  for  the 
^Hltm^by  authorized  trndimpoiveriMl 
^B  Ihit  6ie«aia  John  PluDkettstmM 
HmiyeffY  i^ll  his  lands,  tenements^ 
Hn%  gooclt  and  chattels  whatsoever, 
ftf  niorefure  detaining  the  fiaid  Johti 
io  «tfe  ctistoJy,  be  it  hirther  enacted 
lliDrily  aforesaid,  that  if  the  aaid  John 
*"*  '1  bresk  such  gaol  or  prison  to 
I  beso  comniittetl,  or  shall  escajte 
fo4y  of  the  j>er8f»n  in  whose  ciis- 
0,  ny  virtue  of  inch  commit  meat, 
iiii  John  Flunketi,  nnd  all  and 
II nd  persons  whatsoever,  who 
J  or  a^isi^tin^  the  said  John  Plun- 
king fiuch  ^uol  or  priiian,  or  in 
i«tcape,  AS  alareaaid ;  or  who  shall 
cue  the  said  John  Plunkeit 
Wiy*  j^olf  or  prison,  during  the 
Ml*  )m|»risonmeut  by  virtue  of 
eieg  thett^nf  law  folly  con  dieted » shall 
^-*  — "*'y  of  felony,  and  shall  snffer 
ttfeioay,  wiihoul  bene  lit  of 


[470 


P"  eren 


ioiinee  of  this  act,  John  Pluoketl  was 
I  fifiiooer  in  the  Tower  of  London. 


»CltOtKC»  AS    TO   KeLLT. 


^tO   infl 
^nr*  aliiu 

mrt  A^y  \ 


^lo  inflict  pains  and  penalties  f>ti 

^f^  alios  Johnsoti,  wns  brought  np 

I  on  the  8th  of  April,  and  on 

r  w«t  read  t  first  time  by  the  Lords. 

tf^y  the  House  on  the  prisnuer's 

J^JTbat  sir  Constantine   Phippi*   and 

;ht  be  allowed  to  him  for  his 

Huifh  U'a*ifin  and  Deo- 

BS  solicitors,  aoil  that  ihey  mi^ht 

I  him  in  private,**  ahviLjjied  Phipps 

dy  lor  hiii  counsel,  anrl  VV  atsoo  for 

I  wtlb  leave  of  acce*^  to  him  in  prt- 

\  Uang  ttie  day  appointed  far  read- 
iteoond  time, 

I  and  Mr  Wearg,  hating*  opened 

Tlbe  Bdl,  and  llie  evidence  to  prove 

I  Ifi  llie  preatnhle  thereof-,  oflered 

Its  of  several  original  letters^  writ- 

Bnff's  minirtent  abroad  and  olheni, 

Inn  of  «tate  here,  to  prove  the  al- 

\ihe  flmt  part  of  tl»e  preamble  of 

fUih  recites  a  detestable  conspiracy 

si    "  HI  and  government. 

[>p»  and  Mr.  Pratt, 

ill u led   lor   Fazakerly,  of 

Kelly,  objectruj^  to  the 

Fdiaocellor  nequainttng  them  with 


the  Resolution  of  this  House,  tovichin?  the  said 
eirtracts  the  26th  iostant,  in  the  proceeijiugii 
upon  the  Bill  acfainst  John  PInnketl ; 

And  the  same  beintj  read,  and  the  counsel 
against  the  Bdl  still  objeciin^  to  the  reading 
the  said  extracts,  the  lord  chancellor,  by  direc- 
tion of  the  House,  acquainted  them/*' Thai 
their  lordships  have  had  full  satisfaction  of  the 
truth  of  those  extract!*,  ui»on  a  no  I  her  occasion.** 

And  the  counsel  lor  the  Bill  were  directed  to 
proceed. 

Amon^  other  evidence  the  counsel  for  thtt 
Bill  oflTered  the  copy  of  a  letter,  directed  ♦*  To 
Mr.  Dumville,  an  attorney,*'  enclosed  in  a  let* 
ler  directed,  "  To  Mr.  Thomas  Wilmorc,  at 
Blr.  8lokoe*s,  a  bookseller,  at  Charing*  Cross,*' 
dated  *'  Aprd  tnh;**  with  that  of  the  en  closed  > 

being"  a  copy  of  O^^'s  letter  to  L ,  diited 

**  A|>ril  anfu'* 

1  hen  Peter  Thonvois  was  examined,  npoo 
oath  ;  and  provetl  them  to  be  true  copies  of  the 
onjzinaJs,  which  were  slopped  at  the  post'OtGoe, 
ajid  copied,  and  sent  forward  as  directed. 

And  Anthony  Corbicre  and  Edward  Wiltct 
clerk  were  sworn,  and  examined,  to  prove  lh« 
said  letters  truly  decyphered. 

And  the  counsel  and  prisoner  objectinsc  ^^ 
the  reading*  the  said  conies  so  decyphered  ; 

It  was  agieei!,  that  the  said  copies  should  ba 
read. 

Afterwards  John  Crawfnrd  havhig  been  exa- 
mined, to  prove  that  Philip  Neynoe  was  dro\«n- 
ed»  in  endeavouring  to  make  his  cscutie  out  of 
Ihe  house  of  a  messenger  in  whose  custody  ha 
was,  ami  the  manner  of  it ; 

Tke  counsel  for  the  Bill  oflered  to  prod  oca 
an  examination  of  Phiiip  Neynoe,  beini^  an  fZ- 
tract  made  by  Mr  Delaryyefrom  ihiee  papers; 
one  ifiteo  in  by  Philip  Neynoe,  and  the  other 
two  betnif  minutes  of  Neynoc*s  exaininattoD. 

Ami  Charlen  Delafaye,  esq,  was  exatniued, 
tauchin^  the  said  extract 

And  the  said  examination  heing-  shewn  to 
the  lord  viscount  To«  nshend  and  the  lord  Car- 
teret, in  order  to  their  giving  satisfaction  to  ihi 
House  conct'min^  the  same  : 

And  the  counsel  against  ihe  Bill  submitting 
it  to  the  judu^ment  ot  Ihe  House,  "  Whether 
the  said  lords  ought  not  to  be  examined  on 
oath  thereupon  .** 

And  some  proceedings  being  read  otit  of  tbe 
Jiinrnals,  touching  examttiatiout  of  Iprds  upon 
honour  or  oath : 

ft  was  agreed,  that  the  lord  viscount  To  wns- 
hend  and  lord  Carteret  be  examined  unou  ho* 
00 ur,^  touching  ihe  nap**r,  entitled,  **  The  Exa- 
mination of  PhiHj>  Neyuoe,** 

And  the  lord  riftcount  Townshend  and  the 
lord  Carteret  severally  declared  upon  their  lio- 

*  At  to  this,  see  the  Examination  of  the  bi* 
shop  of  Oxford  upon  lortl  Mucclesfleld*«  trial, 
a.  D.  17'25,  in  thi«  volume,  According  to  lord 
Forlescnie  (reu.  395)  lords  Townshend  and  Car* 
terel  were  allowed  to  prove  this  exannnation 
"  iipoti  honour*'  because  ibey  acted  in  Ihrir 
legisktif  t  capftcily  atid  not  id  tlieir  judicial. 


I 


9  GEORGE  I.  Proceedingt  against  BiA^p  AUeriwtgf         [479 

him  by  a  (^ater  person :  and  althoorii  the 
couDsel  for  the  Bill,  when  called  upon,  did  boC 
Ihiak  Qi  to  name  that  greater  penon ;  j«t|  k 
being  suggested  in  the  Report  of  iba  Home  of 
CommoDs,  comma oicated  to  this  Qousev  aad  it 
being  universally  supposed  hitherto,  thai  the 
bishop  of  Rochester  did  dictate  the  said  iMsn 
to  the  prisoner,  it  became,  in  our  9piiueeS|  m- 
cumbent  on  the  prisoner,  to  give  the  ** 


471] 

nonr,  **  That  the  said  examination  wa^  pro* 
duced  before  a  committee  of  council,  and  Ukk 
read  over  to  Nej^noe ;  and  that  he  twice  ac- 
knowledged the  same  to  be  true." 

And  afterwards,  the  counsel  for  the  prtsoner 
objecting  to  the  reading  the  said  paper: 

After  debate ; 

The  question  was  put,  "  Whether  the  said 
extract,  entitled,  *  The  Examination  of  Philip 
Nevnoe,' shall  be  read ;''  * 

'  It  was  resolved  in  the  affirmative.    And  the 
paper  was  read. 

On  the  next  day,  May  1,  the  counsel  for  the 
Bill  concluded  their  evidence :  whereupon  the 
prisoner  and  his  counsel  were  directed  tu  |ira^ 
ceed  in  his  defence.  They  desired  some  tar- 
ther  time,  but  the  House  having  takeu  into 
consideration  their  desire,  they  were  directed  to 
proceed  as  before. 

Then  sir  Constantine  Phipps  and  Mr  Pratt 
were  heard  in  behalfof  Kelly,  and  procee^led  in 
the  examination  of  tiieir  evidence. 

May  9nd,  the  prisoner's  counsel  proceeded  in 
their  evidence,  and  offering  to  examine  wit- 
nesses to  prove  by  ciicuuistances  that  eertiiitt 
letters  which  had  been  reail  iu  sup|>ort  of  the 
Bill,  were  not  dictated  by  the  bishop  of  Knche  ; 
ter  to  the  prisoner,  George  Kelly  ;  the  samt' 
was  opposed  by  the  counsel  for  the  Bill ;  ami 
after  di-bate,  o  niotiun  was  made,  and  the  ijuc^- 
tion  wa^  put,  *'  That  the  counsel  for  the  (tri- 
soner  may  be  at  liberty  to  pro<  eed,  as  they  de- 
sired, to  examine  witnesses,  to  prove,  by  ne-u^ 
ral  circtimstances,  that  the  letters,  dated  the 
SOth  of  April,  1722,  giren  in  evidence  for  the 
Bill,  were  not  dictated  by  the  bishop  of  Ructif  s- 
ter  to  the  prisoner  George.  Kelly," — It  wa-s 
resolved  in  the  negative,  by  82  against  47. 

**  Di«>sentient. 

"  1st.  Bt  cause  it  was  insisted  on,  by  the  pri- 
soner's counsel  tl.-tt  the  proof  desired  w  as  ne- 
cessary .0  his  •lettuce;  and,  if  allo\ve<i  to  be 
made,  would  contribute  to  satisfy  the  House  of 
the  prisoner's  innocence  of  the  crimes  charged 
on  him  by  the  IjIII  ;  for  which  reason  a]oQe,  it 
there  was  no  other,  we  think  the  witjiessea 
ought  to  have  been  examined ;  it  being  in  our 
opinions,  against  the  constant  course  and  rtiles 
of  justice,  ia  criminal  proceeding  of  all  kiods, 
to  pr:  k'lide  the  prisoner's  defence,  by  refusini^ 
to  hear  his  witnesses,  if  they  are  legal  and  com.' 
peteui  ;  and  in  derogation  of  the  honour  and 
justice  of  the  House,  on  this  occasion,  to  aoti- 
cipat  -the  judgment  of  the  House  in  thf  lenst 
cireuiii^unice,  which  the  prisoner  or  his  couu- 
sel  insist  «»ii  to  be  material  to  his  defence,  and, 
v^hicli  in:<\,  if  proved,  be  of  weight  in  the  coo- 
sidLMutiou  and  jt:Jgmentofthe  House. 

**  2dly.  Ii  apptHisto  us  to  tend  directly  to 
prove  the  guilt  or  innocence  of  the  prisonerf  to 
disinjver  whether  the  bishop  of  Roc hes^trr  did 
dicuite  to  the  prisoner  the  letters  menvioncd 
in  the  question  ;  because  it  was  declared  lu  the 
House,  by  the  counsel  for  the  Bill,  m  opt  uing 
the  charge  against  the  prisoner,  thai  the  letierSi 
though  wroie  by  the  pimiMri  ^n^  dictited  i# 


or  rendered  incredible,  might  infliKMe  the 
judgment  of  the  House  In  other  cifcanptijeiM 
*'  3dly.  Because  the  declaratioB  of  PUip 
Ncy  noe,  deceased,  though  not  aigiied  er  tmmm 
by  him,  hath  been  allowed  by  the  Aooeetebi 
read,  and  given  in  evidence,  m  pvopf  ef  the  pH^ 
ticular  facts  charged  on  the  priaoner  ie  the 
Bill;  in  which  declaration,  the  orisoiMr  HO- 
pressly  charged  by  the  said  Neynoe,  le  have 
frequently  told  him,  That  the  bwhop.  ^U^ 

1th  the  hiti 


cliester  helii  correiponfleDoea  with  i 

der  and  the  Pretender's  agents ;  and  ihil  lit 

{prisoner  was  emphiyed  by  tlie  bishop  ia  VHl^g 
or  him,  and  carrying  on  the  itaid  oona^pWr 
dencies ;  and  that  be  had  several  tioMa  hft 
Mr.  Kelly  at  the  bishop's  <toor,  wheo  Mr.  Ulj 
went  into  the  bishop's  house,  and  ataid  thm 
an  hour  or  two ;  and  upon  coming  beck  to  hia» 
that  the  prisoner  made  apobgiea  for  atayiegst 
long,  and  tnld  bim,  '  He  had  been  wittng  thf 
bishop's  letters ;'  which  he  alwaya  appve- 
heiuled  to  be  ihe  foreign  correspondence  or  the 
bishop  with  the  Pretender's  agents :  for  wbick 
reason  also,  we  conceive  the  proof  demA 
ous(ht  to  have  been  received,  becaoae  it  mi^ 
l>e  thought  a  denial  of  justice  by  this  HtHise  l» 
Uie  prisoner,  not  to  permit  him  to  answer,  even 
by  legal  evidence,  the  particular  and  direct  eri* 
dence  which  the  House  bath  allowed  to  b« 
given  against  him. 

**  4thly.  Although    the    prisoner  may  b« 
guilty  of  a  treasonable  correspondence^  if  b# 
wrote  the  letters  mentioned  in  the  questioo,  le' 
the  same  were  not  dictated  to  him  by  anf  per- 
son whatsoever ;   yet  the  facta  chaq^ed  la  th9 
Bill  having  been  endeavoured  to  be  Droved,  Qeft 
by  direct  proof  of  the  facts  themselves,  botb^ 
circumstances ;  in  our  qpinions,  the  prwNNrv 
defence  must  be  applied  to  answer  tne  Mrtnl 
circumstances:    and  it   is,  aa  we   ooncdfeir 
equally  unjust,  to  deny  him  the  liberty  of  fitt^ 
fy  ing  that  circumstance  of  his  writing  the  lift* 
ters,  being  dictated  to  him  bjr  the  hhmop.  Mil 
would  be,  to  refuse  to  allow  bim  to  prove  I|H(^ 
the  said  letters  were  not,  or   could  doc,  hit 
wrote  or  sent  to  the  persons  to  whom  they.srf 
suggesU'd,  or  charged  to  have  been  wnpie  iC 
sent,   or  to  refuse  liiip  to  prove,  bv  circaM' 
stances,  tiiat  the  prisoner  bipiself  cud  doC,  ' 
could  not,  write  the  same  at  the  parlicalj^ 
times  and  places  the  same  are  aoggested  is  m 
so  wrote  or  sent  by  him ;  or  to  deny  himltoV 
to  falsify  by  circumstanoca  aay  other 
itance  relatmg  to  the  aupMied 


i 


473]  stfd  aik^i,/0r  a  Tretmrn^e  Compiracy.  A.  T>.  1129.  [474 

And  the  tfiid  4etl«r  toi)  draogbt  eticlosed 

*re  remh 

AimI  ibe  cowMcl  for  the  prbonirr  destnn^^ 
'^  Ttnit  some  brds  in  his  majesty  *s  serfiee 
VPOuUl  lie  pleased  to  g^ive  the  Houf»e  an  accoKHii 
ol'>vhut  ttdvicies  ihey  had  received,  Irtim  any  of 
his  mnjesly^s  luitiisters  in  France,  relutiitg  to 
the  prisooer^B  procuring  a  do^  al  Parift^  lor 
some  periion  hext  f  * 

Tb€  lord  Can<^ret  ^a?e  the  Houie  an  ac* 
county  **That  he  bad  received  a  letter  con- 
cerning: the  s»ame,  from  his  majesty  *9  winistef 
at  P*iri8»" 

And  the  said  letter  w&s  read  :  as  al«o  an  af- 
fidavit of  Michael  Brimageu,  relating^  to  the 
same  mnUer. 

Wr.  VVeuijf  was  beard  in  reply. 

Then  the  hilt  was  read  a  second  time,  in  the 
presence  of  the  counael  and  prisoner. 

And  the  prisoner  beingr  afrketl,  **  If  be  had 
any  thini^  further  to  ofier?^*  and  ansiweritig, 
**  He  had  not  :**  the  counsel  were  ordered  to 
withtbaw }  aad  the  pri^uer  woa  taken  frum  the 
bar. 


li^j 


^  id^y*  T\m  couumI  tor  the  Blllhuviugr 

alU|;iftl.  UH  our  reason  airaiDst  llie  examinations 

I  hey  were  not  prepared  to  an- 

icc,*  michi  bftve  been  a  ground 

:>^etl  them  a  reiuon- 

iiation:  But^  in  our 

,  ikm  cjubulfialion  oui^ht  nol  to  weigh 

ilie  priifioner^a  t^iving  the  erideoce  lo 

i '.eh  be  was  prepared  to  g'ive  ; 

it  was  alleged,  that  the  exa- 

9vr  Ue«ire«l  watu  desired  ou  the  pri~ 

^<9  have  been  made  at  the  bar  of  the 

ommons,  •  ■ '  •^•'  r;  by  so  long  ago 

lUitified  by  i 

bl>''  Because  u.^  ...u.  J  of  the  iiroof  of 

pj  orc%i«iiMDce  of  Ihif  prisoner's  defence,  if 

r«f»6At  )»e  not  just^  uiuatt  in  iia  cf^nse- 

afl  Uceoflbis  whole  proce^d- 

i«9  aapicM  ^       Mier ;  because  it  deprives 

'  ir«Mli#  Ql   tbe  liberty  of  forming  a  jud^- 

I  iIm  whole  c^i^e,  aod  tends,  so  far  as 

iat  |iailicttlar  goes,  to  subject  this  proceed- 

Of  agaioM  tKe  pri^ner  to  tbe  objection  of  par- 

lybfYt  which  u  irifKt  hit;iily  disboimurable  to 

l|yiU<itiMr»  rsperirilly  I'r.iisi.lcring  the  latitude 

I  halfi  heed  a i lowed  in  olher  parta  of  the 

on    this    occasion. Arundeil, 

IJAir'    -     ^'nm^r,  I'orufret,  Hay,  Guil- 
forii  Northampton,  8trafl'»rd, 

DmUaiip,  i  .Hven,  St'ars^iale,  Litcbtield, 
Wharton,  Sta\%el),  Auglesey,  Cardigan, 
Cowp^'r,  Hathurst,  Trevor,  Fran.  Ces 
lheu!c\  Ofliborne,  Folty^  Mnshiitn,  Coiii|)- 
ion,  Bfucei  Montjr»y,  WjHougbby  de 
Brok*',  LecbiDere,  Bruoke,  Dartmoulbt 
Ldgli,  Binfifley,  AyleMJbrd,  Berkeley  of 
•SiriUtoo,  Uidiridgu,  Middferon,  Tadcas- 
itW0  Aabhufnbatu,  Exeter^  Weston." 

aO^  exafnintnef  other  evidence,  the 

I  fo^   ;         1    onfr  Kelly  summed  up  the 
Koner  waii  brought  to  the 
I  beanT  in  \ns  own  defence. 
I  Mr.  H^evea^  lor  thf*  Bdl,  was  heard  in 

.<imc  other  examination  of  eridence 

,^,.'   ip  '*'''  ^'/uMo^> '»r  i»)iich  the  cbnmc- 

ooc  tine  ill  question  ; 

1    i,    !„ ,:  tbvingpre»entin 

,  and  beuig  awked^  ^uve  an  account 

pmctedinifnf  and  tJie  conviction  of 

I  Miffley,  and  judtmient  axaiiifit  bim 

m  imnctinents,  une  fur  publifibuig  a  se* 

ilfliel;  and  the  ot  her  lor  trea^m»ble  worda ; 

I  Ji>uruaJ  doea  nol  aiate  tbut  Mr.  Barou 

I  iworn. 

1  for  the  Bill  offered  to  read  in 

Inter,  dat«l  ^'  s    1723,  di- 

^  A  mouttieur  Gi^  iier  a  Bou- 

aith  a  drauifbt  ♦iirin.riMn  il  I 

fit  decir*  d  lo  lie  awot  n  in  I  I 

ral' 

at.  .».,ru,i   M^The- 

d,  be 

.!  .-  ...  the  af* 


liAetMktii. 


May  3.  The  Bill  being  read  a  third  time*  a 
provi«;n  by  way  of  rider,  to  be  added  to  the  said 
Bill,  10  allow  the  said  George  Relty^  alia» 
Johnson,  to  depart  his  majesty's  dotnioHms,  on 
givuig  security  not  Lo  return  ai^uin  without  li- 
cence, wa;;  fifiered  to  the  Houhe,  and  read. 

And  a  motion  being  made,  and  the  ijueatioa 
bfinjf  pot,  **  W^betber  the  saUi  ridtr  shall  be 
read  a  second  ttme,'* — It  was  resolved  in  tlie 
negative,  83  against  38, 

"  Dissentient*  Osborne,    Anglesey^ 

Craven,  (i  nil  lord,  M  id  diet  on,  Nortbu  tup- 
Ion*  Hiawell,  Fran  Cestnen»\  Scars- 
dale,  Trevor,  Balhurst,  Cower,  8«raf- 
ford,  Ayle*ford,  Salisbury,  Poulett, 
Bruce,  Ashburnhanip  Oiuiiuouib^  Wea- 
ton.  Mo  sham,  Hay,  Liiibttebf,  Foley  ^ 
Brooke,  Exeter,  Comptt>n,  Bi  rkelry  of 
Hlrattou,  Uxdridge.  Anuitbll,  CardigaOi 
Monljny,  Willoughby  Br,,  Biiigley." 

Then  the  question  was  pot,  **  Wbeiher  thft 
fiaid  Bill  sthull  pass,*' — It  wa«  refiuJTe4  in  tb^ 
al£riuativei  79  against  41. 

DiiiacutietU. 

*«  1st,  Because  we  think  there  ia  no  reason 
for  the  legislnture  to  (inss  a  law  cjt  pottc  facio^ 
to  punish  this  person  lijr  the  treiUKmab;e  corret- 
pondence  he  is  aceu<!»eil  of ;  he  iK'ing  in  custov 
dVf  antt  may  be  brought  to  a  legal  trial  tn  one 
of  th«)  courts  of  Justice. 

»*  2udly,  W»  cfincetve  the  want  or  defect  of 
such  rieor  and  plain  evidence,  a*i  by  the  laws  of 
this  kingdom  is  requiri  d,  to  convivt  any  person 
of  high  treas«»ti,  no  ^ufH(  ienl  reason  to  warrant 
the  exerctae  of  the  I^^tri«^)it1ve  powvr,  in  makittfi^ 
0  new  law  i'ttt  bin  puiiif«lifueiit ;  ln'cnu^e  such 
laws  being  mu^te  fur  the  prtUectiun  of  innocent 
per«on»  fmm  suftV iin|/  \*y  faUe,  utici  rtain,  or 
doublful  evidrnee,  every  i^ubjcct  i%  nitiiled  to 
file  beuelii  of  tliirae  InwK,  wlien  be  all 
imdor  an  &ccui»alitJti  of  high  Irtaioii. 


« 


I 


I 


475]  0  GEORGE  L  Protudingt  agaimi  Bishop  Atierbmy,  [479 

loughby  de  Broke,  Exeter,  Ailibara- 
huD)  Bingley,  TMlcaster." 


**3rdly9  Because,  as  we  concei?e,  by  the 
rules  of  natural  justice,  laws  ought  to  be  first 
madf  as  directions  for  men's  actions  and  obedi- 
ence, and  punishment  inflicted  for  putting 
those  laws  in  execution  against  offenders ;  and 
(bat  therefore  punishing  by  a  law  made  after 
the  offence  committed  is  not  agreeable  to  rea- 
son or  justice,  except  only  in  the  case  of  real 
and  apparent  necessity,  to  pre? ent  the  imme- 
diate ruin  of  m  gor emmcnt ;  which  we  do  not 
think  to  be  the  present  case,  or  can  bear  any 
resemblance  to  it. 

«<  4thly,  Because  the  proceedings  of  the  le- 
gislatifo  power  in  making  Uws,  can  be  go- 
verned by  no  rule  but  that  of  their  own  discre- 
tion and  pleasure ;  and  therefore  the  making 
laws  to  inflict  pains  and  penalties  on  particuli? 
persons  must,  as  we  conceive,  tend  to  expose 
the  lives,  liberties  and  properties,  of  the  subjects 
to  an  arbitrary  discretion,  and  consequently 
render  them  precarious  in  the  enjoyment  of 
thooe  blessings,  which,  by  our  excelleDt  consti- 
tution and  government,  they  have  always  had 
an  uncontroulable  ri^ht  to  hold  and  enjoy,  till 
forfeited  for  some  cnme,  and  the  person  offend- 
ing legally  convicted  thereof  upon  such  full 
and  positive  proof  as  the  laws«f  this  kingdom 
do  require, 

<'  5thly,  Because,  as  we  conceive,  it  would^ 
be  of  dangerous  consequence  to  the  safety  of 
innocent  persons,  to  allow  copies  of  letters, 
taken  by  the  clerks  of  the  post-office,  though 
sworn  by  them  to  be  true  copies,  to  be  given  in 
evidence  against  any  person  accused  of  high 
treason,  especially  when  such  copies  are  not 
compared  with  the  originals  after  they  are 
taken,  and  the  original  letters  forwarded  on  by 
them,  and  not  produced ;  because  the  originals 
not  being  produced,  such  person  is  deprived  of 
an  opportunity  of  iidsifyiog  those  copies ;  and 
thouff  h  there  should  be  any  mistake  committed 
by  the  clerk  in  copying,  whether  wilhiUy  or 
by  negligence,  such  mistake  cannot  l»e  detect- 
ed, for  want  of  the  original  writings  to  com|»are 
the  copies  with. 

<«  6tbly,  Because  the  proof  of  letters,  or  other 
writing,  in  criminal  prosecutions,  by  similitude 
and  comparison  of  hands,  being,  as  we  conceive, 
a  very  slight  and  weak  evidence,  because  hands 
may  be  too  easily  counterfeited,  and  the  per- 
sons examined  cannot  speak  positively  but  to 
their  belief,  and  therefore  not  liable  to  be  pro- 
secuted for  perjury,  hath,  as  we  conceive,  very 
justly  been  discoura^,  in  such  times  when 
the  administrstion  of  justice  hath  been  most  im- 
partial ;    and    convictions   of  high    treason, 
grounded  on  such  evidence,  have  been  reversed 
by  act  of  parliament,  for  that  and  other  reasons. 
Pomfret,  Stawell,  Northampton,  Angle- 
sey, Fran.Ce8trien8\8cars<lale,  Craven, 
8tniff«»rd,  Denbigh,  Guilford,  Wharton, 
Middletoo,   Poulett,   Aylest'ord,  Dart- 
mouth. Bathurst,  Litchfield,  liitelisbury, 
Brooke,  Gower,  Weston,  Osborne,  Hay, 
Berkeley  of  Sirattmi,  ComplOB,  Bmoa, 
Foley,  Uxbiidge,  Mashan.    1W">»< 
Clnf«li^  inndBU,  JMVi.  I 


An  Act  to  inflict  Pains  an»  Penaltiss 
ON  George  Kelly  alias  Jobmsoh. 

"  Whereas  in  the  years  1791  and  1749,  a 
detestable  and  horrid  conspiracy  was  fbrmad 
and  carried  on  by  divers  traitors  for  inTadiag 
your  majesty's  kingdoms  with  fordgn  fbrcci^ 
for  raising  an  insurrection  and  rebellioD  agaiMt 
your  majesty,  for  seizing  the  Tower  ud  dty 
of  London,  and  lor  laying  violent  hands  apoa 
your  maiesty's  most  sacred  person,  and  npoa 
his  royal  highness  the  prince  of  Wales,  io  oracr 
to  subvert  our  present  happy  estabtishoMiit  is 
church  and  state,  and  to  place  a  popiab  Pk»- 
tender  on  your  throne ;  and  whereas  Ibr  tha 
better  concealing  and  effecting  the  said  ooa* 
spiracy,  divers  treasonable  oorrespoodenea 
were,  within  the  time  aforesaid,  earned  oa  kf 
letters  written  in  cyphers,  cant- words,  and  flo- 
titious  names;  which  conspiracy,  had  notii* 
mighty  God  in  his  great  mercy  disappoiolrf 
tlie  same,  would  have  deprived  your  naiestj's 
kingdoms  of  the  enjoyment  of  their  reis|iML 
laws  and  liberties,  involved  them  in  blood  aM 
ruin,  and  subjected  your  people  Io  the  bondago 
and  oppression  of  Romish  superstitloD  and  ar- 
bitrary power:  for  which  execrable  twasoa 
Christopher  Layer  hath  been  indicted,  triads 
convicted,  and  attainted.  And  whereas  Geoife 
Kelly  alias  Johnson,  hath  been  a  prinoi^ 
actor  in  the  said  horrid  and  detestable  eonspi* 

ing  with  divers  persons  to  procure  a  IbreigB 
force  to  invade  this  kingdon>,  and  to  raise  an 
insurrection  and  rebellion  against  your  majca^ 
within  the  same,  with  design  to  depose  your 
majesty,  and  place  the  Pretender  on  j 
throne ;  for  treasonable  practices  in  which  i 


spiracy  the  said  Geoige  Kelly  alias  Johnsso. 
being  arrested,  and  divers  papers  then  foond 
about  him  seized,  in  pursuance  of  a  warrant 
under  the  hand  and  seal  of  one  of  yoor  ma- 

ar's  principal  secretaries  of  state,  fi>r  aeiziag 
apprehending  him  the  said  George  KeUy 
alias  Johnson,  together  wiih  his  papers,  and 
the  said  George  i^lly  alias  Johnson,  being  in 
custody  of  a  messenger  by  virtue  of  the  said 
warrant,  did,  by  force  and  violence,  with  a 
drawn  sword,  make  an  assault  upon,  and  resist 
the  said  messenger,  with  intent  to  destroy  the 
said  papers,  and  did  bum  the  same :  thernbre 
to  manifest  our  just  abhorrence  of  so  wicked 
and  abominable  conspiracy,  and  our  seal  aoi 
tender  regard  for  the  preservation  of  your  OM- 
jesty 's  person  and  government,  and  of  the  Pto- 
testaat  Succession  in  your  msjesty's  roysl^ 
mily,  the  solid  foundation  of  our  present  bsp^ 
piness  and  future  hopes ;  and  to  the  end  Iftii- 
no  conspirator  may,  by  any  contrivaaes  ir^ 


77] 


and  others, Jbr  a  Trtcuonahle  Conspiracy.  A.  D.  1789i 


[478 


L  rtutifiil  ftriil  loyal  sii!»jecl5, 

i  and  teiuponUf  ftncl  Cvm* 

aHsemlletl^  <]«>  humbly  L^> 

,   iKnt  it  tnay  be  enacted ; 

J  [»y  cbe  kiti£(^8  most  excellcLit 

.1  vi'iUi  the  ifcdvice  and  consientof 

I  npintiiml  and  temporal,  and  Couimoris 

anieiil  aaaemUrd,  ami  by  the  atiUioriiy 

■  ./    :'       -  ,■  f  ■ :.    ,  ..^  I-  ;C:-  '"\'  alias 

-e  and 

<i4tuHii    vixvi   ur  iti.uii' iinzt'i  and 

I  (ikiifiyre  of  hifl  tiinjesty,  Lis  heks 

i>r*,  iii  Jf"*'  "  "'  'ir  |*mou  wiihio 

{tioin  of  Gir  ;  to  the  custody 

.  .Ui  or  Ui  *M  the  said  (j^rg€ 

.  titne  to  time  he 

-  act,  by  warrant 

I  seal  nt  any  secretary  of 

^  lu9  heirs  or  successors : 

iir»ui  or  warrauls  any  secretary  of 

.')«  lime  beiu^r*  is  hereby  authorized 

^  ^uifiinvertHl  to  make  ;  and  (hat  I  be  said 

dmm^'t  KtUy  oUaH  Johit^n  iihalt  tbrf^it  to  bis 

•ijiMiy,    alt  his  larvds,   tet)emeuta,   hereditA- 

MbiU,  ifttcdi  and  chattels  whatsoever* 

1  for  llie  more  sur*?  detaioin^  the  said 
Ki'lly  nhus  J:>lmson  in  sale  custody, 
■      '^^  'ho  aiilhority  aforesaid^ 
K^idly  alias  Johnson 
li;^.  .^  |.ji!^on  to  which  he  shall 

r  ftball  escape  out  ol'  the 
itv  fi!  I  ill  M'hnse  custody  heiliuH 

[(t,  that  then  the 
\i      ;  ^  iison,  and  ail  and 

on  %u%i    persons  \^hataoever^   nho 
^tidiir^  or  ;^s^i'?tiT5qr  the  said  George 
i'j^  snch  i^aol  or 
|r»^'  j>e,  asafurcsaid, 

«t  wtio  v^IjuII  L)  iuicc  take  ur  rescue  the  said 
ti««rvw  Rcliy  atiai  Johnson  out  of  SUCb  cus« 
^\  'be  continuance  ol' 

^  this  act,  being" 

"  •;,    nhall   be  jnd;|e3 

ill  suffer  deatit  aii  iu 


t. 


.   r'jLLOWINO     IS     TI4E    SpEECH     WHICH 

KiuLV  i>iiiiv&nED  IN  x\i%  Defence  at 
Titft  SAft  or  T«B  House  of  Lords 
on  Titc  2x0  or  May,  172:i. 

pUf  innU;    Sjficfi  my  counsel    bifo  ao 

t  uclc  allcgf?d  ui^ainst 
-Kary  to  take  up  your 


iiJty 


\kmi  iit9jd«aaar»p  iii4 


tbe  pains  and  penalties  yoti  could  poasibJj 
inflict  upon  mc. 

^^  hud  since  my  charge  is  so  very  extraor- 
dinary ;  since  thfite  proceedings  seem  to  be 
without  any  precedent ;  and,  that  the  in  no* 
cence  of  other  [>ersons  calls  upon  me  for  jiubliti 
justice ;  I  believe  yonr  lorashi|i«  will  easily 
alloWf  that  to  be  sileot  in  such  a  case  would 
b«  truly  criminal,  and  too  justly  censuretK 

**  To  enter  into  all  the  particularH  of  mj 
accusation,  would  lake  up  more  time  than  is 
reaKonable  for  me  to  ask,  or  for  your  lordships 
to  allow  :  and  thou$2fh  the  many  inconsistencies, 
contradictions,  and  false  coQclusiou!^  which 
ap[)ear  iu  almost  everv  page  of  the  printed 
rei)orts,  plenty  shew  the  weakness,  absurditj 
and  BO}»histry  of  tbem ;  ho  we?  or,  I  shall  only 
begr  leave  to  touch  upon  those  materbl  parts 
which  relate  to  myself,  and  my  deleuoe  to 
ihem. 

♦*The  first  article  which  I  find  myself 
charged  with,  is,  the  emploviogof  oueNeynoe 
to  draw  up  three  memorials  to  the  regent  of 
France,  to  solicit  foreign  forces  to  invade  thi9 
kinj^dom.  And  fur  proof  of  this,  the  exami- 
uations  of  the  same  person,  which  are  neither 
upon  oath,  nor  so  much  as  signed  by  him, 
(and  whom  the  committee  of  the  honourabU 
House  of  Commonii  have  represented  as  a 
very  infamous  fellow)  are  the  only  evidence 
assigned  against  me. 

Thlsi  my  lords,  is  the  crime  I  and  this  th« 
proof! 

*^  And  thonirh  the  bare  mentioning  of  it 
might  be  sufficient  to  convtooe  your  lordahipt 
of  its  weakuesa,  however,  since  so  great  a 
wcigtU  has  been  laid  upon  this  kind  of  evidence 
ID  another  place,  it  wdl  be  necessary  to  be  a 
little  more  particular  about  it, 

«*  Th«  two  first  of  these  meiuonals,  (vU. 
thf'     "  and  arter  the  8outh-Sea  Sclietne) 

ai.  ily  mentioned  :  but  the  one  pre- 

Iviiueti  to  i»t^  drawn  up  in  December  1721,  (and 
containing  a  demand  of  5,000  men)  and  a  letter 
said  to  be  written  the  Alarch  after  (lo  amuse 
the  government  into  a  fal^  security)  are  the 
chief  ihio'^fs  U|>on  which  any  stress  is  laid* 
And  how  false  both  these  allegations  are,  haa 
evidently  appeared  to  your  Tordiihips.  For, 
bad  my  accuser  been  realty  employed  to  draw 
up  any  such  memorials,' it  is  reasonable  to 
believe,  that  be  would  have  conies  of  aome^ 
ami  espd^illy  of  the  last  of  them  ;  since  e 
persKku  who  turned  informer  so  Kuddeoly  after« 
tnay  very  well  l»e  presumed  to  have  had 
tboui^htJi  of  it  for  some  time  before  ;  and  secb 
tNipei^  would,  no  doubt,  give  great  weight  t  o 
[kig  information.  Out  the  mini^ry  have  pro- 
duced no  such  copies*;  neither  do  ihey  pTcieud 
to  luve  them  :  wmeh  is  a  very  .^reat  indicaUoa, 
that  there  never  were  any  such  mcmonals 
at  all. 

*'  Besides,  there  are  no  two  of  his  examb> 
nationn  ofu  tiirrc.  Nay  !  he  cimtradicta  him* 
ficif  in  ry  one  of  them.     For  in  bis 

neooiid  I  I   <u  be  says,  that  these  memo* 

rials  vers  aii  draiva  up  by  the  «rdir  wi 


i 


i 


4 

4 


479] 


9  GEORGE  L  Froceedingi  againa  BMap  AUerimjf,         [480 


Henry  WatiOD  rwhom  he  really  did  not  know, 
bat  took  to  be  the  late  earl  manhat)  withoot 
making  the  least  mentioa  of  me.  In  bis  third 
enmination  he  aaya,  they  were  delivered  to 
me  and  Watson  ;  and  in  his  fourth,  he  says 
asfain,  they  were  all  drawn  ap  by  the  order  of 
Henry  Watson  only.  And  in  a  tew  lines  after 
contradicts  himself,  and  says,  that  the  beads 
of  them  were  given  to  him  by  me  and  Watson  : 
which  are  snch  iaconsistencies,  as  (your  lord- 
ships will  easily  grant)  are  not  to  be  recon- 
ciled :  and  if  his  memorials  were  no  better 
drawn  than  his  examinations,  I  believe  they 
were  not  likely  to  meet  with  any  great  success. 

**  As  to  the  earl  marshal,  how  reasonable  it 
is  to  believe,  that  a  person  in  his  circumstances 
should  venture  to  come  into  England,  and  live 
so  openly  here,  as  to  entrust  himself,  and  a 
aecret  or  this  nature,  to  a  fellow,  who  (by  his 
own  coufession)  did  not  know  him,  is  humbly 
submitted  to  your  lordships.  And  as  for  my 
part,  it  is  very  plain  that  I  could  have  no  hand 
IB  them,  since  the  minutes  in  my  pocket-book 
(m  which  I  could  have  useil  no  disguise), 
agreeing  with  the  concurrent  testimony  of 
•everal  witnesses,  plainly  shew,  that  1  was  not 
in  the  kingdom  at  the  times  in  which  my  ac- 
cuser pretends  to  have  Keen  so  employed.  For, 
by  those  minutes,  and  their  testimony,  it  ap- 
pears, that  I  went  to  France  the  3Srd  of  No- 
vember, 17S1,  and  did  not  return  till  the  latter 
end  of  the  next  month :  and  my  accuser  him- 
self owns  in  his  first  examinatioo,  that  he  did 
not  see  me  afUr  my  return,  till  the  January 
following ;  which  makes  it  impossible  that  he 
eould  have  been  so  employed  by  me  in  De- 
cember, since  I  was  most  part  of  that  month 
out  of  the  kingilom  ;  and  the  few  days  of  it 
that  I  was  here,  he  owns  he  did  not  see  me. 

*'  Nor  has  the  other  part  of  his  information, 
relating  to  the  letter  (which  he  pretemls  to 
have  drawn  up  in  March)  better  grounds-^ 
For,  by  the  same  minutes,  and  by  the  same 
evidence,  it  likewise  appears,  that  1  went  to 
France  the  SSod  of  February  after,  and  did 
not  return  till  the  middle  of  April;  which 
makes  it  as  impossible  that  he  could  have  been 
employed  by  me  in  March,  since  I  was  then 
likewise  out  of  the  kingdom.  Had  tliis  exami- 
nation been  at  any  distance  of  time,  it  is  pos- 
sible he  might  be  mistaken  in  it :  but  his  first 
information  must  have  been  about  the  middle 
of  April,  soon  after  my  return  from  France ; 
for  be  confessed  to  the  person  taken  up  with 
him  at  Deal,  that  he  was  the  first  who  set 
the  ministry  upon  intercepting  letters.  And  the 
fint  letters  so  intercepte<l  are  owned,  in  the 
42nd  page  of  the  Report  made  to  the  Liower 
House,  to  have  been  the  22nd  of  April,  1782. — 
And,  surely,  he  cannot  be  suppiMcd  to  have 
forgot  so  soon  what  happened  the  very  month 
before  ;  especially  since  he  has  been  so  parti- 
cular, as  to  name  the  very  day  (Saturday) 
vpon  which  be  shys  this  letter  was  so  drawn 
np.  By  all  which  it  pkunly  appears,  that  this 
trtiolt  It  not  only  gronmtteM,  bnt  evidently 
Mw}  udlikewiN^  thath^kM  mwofsk  kd» 


I  otner  parha- 
►wreaseniMs^ 

nge  untrath  w  m 

tleof,aBdwhril  | 

bare  assertiBii  M 

ami  notoita  ■ 

must  be  lib-  -1 


1 


macy  with  me  (as  the  Report  preteiids)^  since 
he  has  declared,  that  I  never  apoke  to  him  of 
the  eonapiracy ;  and  that  I  eould  be  a  megUi 
at  one  time,  and  two  months  at  another,  eol 
of  the  town,  without  his  knowing  any  thiqg 
of  it  As  to  what  is  said  of  his  coming  aome- 
times  to  my  lodgings,  I  believe  it  may  be 
true ;  hut  it  has  been  fully  proved,  that  Ui 
visits  were  never  to  me,  bnt  aiwaTa  to  anotlwr 

r'rson  who  lodgeil  in  the  same  bouee.  A«l 
do  solemnly  affirm  to  your  lonlshipe,  that  I 
never  was  acquainted  with  the  late  eail 
marshal,  or  with  any  such  person  who  weal 
by  the  name  of  Watson :  tnat  I  knew  very 
little  of  my  accuser ;  so  little,  that  1  am  ooe- 
fident  i  never  spoke  to  him  ten  times  in  my 
life,  nor  ever  employed  him  in  this  er  aay 
other  affair  whatsoever. 

*'  The  second  Article  charged  upon  me,  k, 
the  carrying  on  a  treasonable  correspondntt 
for  the  bishop  of  Rochester.  And  for  prosf  sf 
this,  the  examination  of  the  same  person  is  Ihs 
onljf  evidence  priHluced  against  me ;  wbsnfi 
he  says,  That  1  frequently  told  him,  the  Imkm 
was  concerned  in  such  a  correspondence ;  «i 
that  I  mana^  it  for  him ;  with  other  j 

lars  not  worth  mentioning.    How  reesa ^-  ^ 

is,  that  1  should  tell  such  a  strange  untrm  11 
a  person  that  I  knew  ao  very  little  of,  and  i 
credit  ought  to  be  given  to  his  bare- 1 
who  has  affirmed  such  gross  ami 
falshoods  in  the  former  Article,  must 
mitted  to  your  lordships.  And,  in  my  | 
unhappy  situation,  1  cannot  but  think  htmf 
great  and  sinij^ular  happiness,  to  have  so  pohlv 
and  honourable  an  occasion  of  puigiog  myNlf 
from  90  vile  a  calumny,  and  of  doing  justieetl 
that  most  worthy  and  learned  prelate. 

**  And  I  do  solemnly  declare  to  your  kiid- 
ships  upon  the  faith  of  a  Christian,  Tbst  I 
never  wrote  or  received  a  letter  of  any  kiad  Ar 
the  bishop  of  Rochester,  or  was  pnvy  tossy 
correspondence  of  his  at  home  or  abroad :  tbst  I 
never  shewed  him  any  letter  that  ever  I  wreli 
to  France,  or  ever  sent  one  there  by  his  pri* 
vity  or  direction :  that  I  am  very  little  koswB 
to  his  lordship,  went  very  rarely  to  wait  opn 
him ;  so  rarely,  that  I  am  confident  few  of  bii 
servants  know  either  my  name  or  face ;  aai  I     ^ 
have  not  seen  him  above  three  or  four  liiatf    j 
these  two  years  past,  and  not  above  eight  ir  i 
ten  timea  m  my  whole  life.  ,    m 

*<  I  do  farther  declare,  that  my  visits  to  li>  fE 
lordship  were  always  public ;  that  I  never  M|  4 
privately  in  a  chair  to  his  house ;  always  foos^  .^ 
other  company  with  him,  who  were  geoeislf)r  'j 
strangers  to  me ;  and  never  onoe  mentioned  h*  j 
name,  upon  this  or  any  other  account,  to  ths  -^ 
person  who  thus  accused  me ;  which,  witbiM  .J 
evidence  that  has  been  produced  of  his  •*>  Ig 
confessions  to  thut  purpose,  is,  I  hope,  soffioi^  ^ 
to  convince  your  lordships  of  the  truth  of  it      -'^ 

«<  And  as  for  the  dog,  which  has  been  hto^ 
tt  a  circamstauoe  to  preve  this  matter,  I  dsi* 
the  aame  solemn  manner  deolare,  thai  bejN| 
given  tame  bra  "^ 

fMfcwbaM  " 


and  otheritjor  a  TrtatonabU  Conspracif,  A.  D.  IVSS. 


r4^ 


r  do  Tf rtly  iH'tii've,  never  lienrd  of  liis 
feme ;  ami  that  he  never  was  dp- 
uy  boily  but  the  penwii  1  giive  hitn 
en  I  to  the  very  ministers  tht^m- 
>iti»h  rc^idenl  M  Parts  (wlio  is 
ded  by  that  very  «urf;eon»  and 
■bout  it)  has  not  cnnftrmed  the 
Its  account  to  tlietit.     I  do  farther 
\  the  biAlioj>  of  Rochester  oe^er  stw 
received  iiny  letter  or  mcfsage  by 
rj  believe)  by  niiy  other  person 
iher  did  ]   ever  know  or  hear, 
►  hntl  any  inJerrourKe  orcorre- 
rtth  th<'  bte  earl  of  Marr,  or  auy 
1  (lerson  abrond. 
It  cannot  be  tmag'ined^  that  I 
Lilar  interest  or  concern  in  this 
fer  I  tiever  received  o»y  tavours  irotn 
*]>T  neither  do  t  owe  him  any  oblig-a- 
»e  of  common  justice  ;  and  those  I 
pni\  VI  here  I  have  so  much  truth  of 
the   g^reatest  enemy  1  have  upon 
or  the  other  ctrcuin!«t4iires^  whtob 
to  '    n  my  accuser*i(  cxa- 

t  and  til  in  one  Fancier's 

rthey    t^  in   ;i[i|)e»r,  I  don^t  doubt,  as 
aii  fncoosistent  as  the  exummnliona 
For  thi't  pei  BOM  B^vcars«  that  aoo- 
jtm  of  this  conspiracy;  that  six  or 
Ckns  of  Irish  forces  were  to  come 
to  asiist  the  conspirators  ;    that 
^«re  raised,  ami  \MH}  men  regularly 
tliii  pnrposie  in  Loudon*    Theae, 
»  called,  in  the  38th   page  of  the 
Lower  House,  the  concurrent 
Btm(f  prmifii  of  my  acct»»»er*8  exa- 
iiid  1  humbly  appeal  to  your  lord* 
'  one  of  them  carries  the  least  co- 
\  or  probability  viith  it.     For  can 
led,  tb;it  such  a  force  should  come 
ibere  appears  to  he  so  strict 
the  two  kiiivTilfKus?     Or 
^f*M  r.....i]^^y  ije raised  amonpfnll 
,  in  c«s»e  I  here  was  a 
I  ri-gularlv  mubui^ted 
it  I  o very  ?     These  are 

%t  as  (1  am  (>ersiijd- 
^bare  any  *veighi  viifh  your  lord* 
A^  my  lohU,  thia  it  only  bare 
lid  if  the  bcar-aay  of  such  iofamons 
deed,  of  any  pemotta)  be  lookeil 
~  Ivvldencet  I  believe  oo  man  in 
are  of  hta  life  or  Hh^-rty  an 
V  talk  him*  into 
r^aso  ;  and  the 
itie  grt^ater  hii^  danger 


i^'ch  I  atftod  chari^ed 

K  treanonalde  lc*tcfi 

r    viip|io«eil  to  be  to 

irr,  and  ^ene- 

\h  ■  i'l  to  have  beeu 

.  Conlon  at  Boulo^^ne,  \«'ith 

livereit  to  one  Mr.  Talbot: 

tbia,  the  chrk^  ol'  the 


;i^ 


potfl- 


wHiten  tn  the  tame  hand  with  an  original  uliich 
was  iitopt  as  a  specimen  of  it :  which  or i|{i rial  hat 
been  sworn  hy  two  petrous  to  be  my  writing^, 
atid  cnnsequently  tho^e  letters  must  be  so  too. 
**  My  lords ;  these  tetters  are  dated  the  SDth 
of  April,  and  the  specimen  so  stopt  the  '^Oth  of 
Aug^uKt,  just  four  months  after     And  how  it  ii 
potjiitWe  for  people  (\vho  receive  such  a  number 
of  letters^  to  swear  to  a  likeness  of  hands,  at 
ftich  a  distance  of  time ;    and   what  weight 
ought  to  be  laid  upon  this  kind  of  evidence  ;  or 
upon  that  modern  aud  mysterious  one  i^iven  by 
the  decypherers,  in  which  they  don*t  pretend 
to  a  certainty  themselves,  must  be  submitted 
to  your  lordships.     And  as  to  the  persons  wb# 
have  sworn  to  my  hand,  I  hope  it  will  be  con- 
sidered, that  one  of  them  is  a  meseen^er,.  who 
never  saw  any  of  my  writing^  but  the  sapor* 
scriptions  of  a  few  letters,  which  (your  lord- 
ships may  easily  see)  do  not  bear  the  least  lilte- 
ne«s  with  tvhat  he  has  •cworn  to.     Besides^  thti 
very   person   was  turned  out  of  bis  employ- 
ment  upon  my  accouut ;  and  a  few  days  after 
he  gave  this  evidence  in  the  House  o(  Com- 
mons, 1  saw  a  parat^raph  in   the  newspaper! 
that  he  was  re'itored  to  it  again.     And  as  to  tho 
other,  it  is  to  be  hoped,  that  it  will  be  likewi^o 
considereil,  that  he  is  a  servant  who  attended 
me  only  about  three  weeks,  and  was  turned  off 
for  an  infamous  action,  which  be  has  acknow* 
ledg-eil  himself  to  have  been  guilty  of:  bestdeii 
he  has  cool  esse  d,  that  he  never  saw  me  write, 
but  as  be  went  backwards  and  forwards  iu  tha 
room  ;  and  at  such  a  distance  as  not  to  be  able 
to  distinguish  one  character  from  another;  tad 
it  has  been  prr>rod  by  two  witnesses,  (one  of 
which  was  a  particular  friend  of  bis  own)  that 
he  declared  he  never  knew  any  thing  of  m^ 
hand  ;  but  w^as  threatened  by  the  secretarvt 
iuto  the  alBdavit  which  has  been  printed  in  tb« 
Appendix,     And  if  that  paper  hail  been  my 
writing*,  it  is  impossdde  they  could  be  reduceJl 
to  a  necessity  of  making  u«.e  of  such  improper 
evidence,  since  no  pains  have  been  spared  to 
prociu't  better ;  since  nutribers  of  people  have 
been  taken  up,  conBned  and  examined  to  this 
very  point,  and  New^te  sent  to,  more  than 
once,  for  witnesses  to  it.     And  though  it  might 
be  proved  by  the  very   Heport  of  the  Lower 
House,  that  thone  letters  could  not  have  coma 
from  the  bishop  of  Rochester ;  however^  my 
bu^ine««  is  only  to  convince  your  lordshtt|«r 
that  1  was  not  tlie  writer  of  them  \  and  of  this» 
I  beliere  it  in  impo^    '  "  ive  clearer  proofs 

than  I  have  done:  i  -   letters  had  beea 

diciateil  to  me  the  .'  =  \  |h  il  (aa  the  Report 
pretends)  it  must  Ikl^*  fn"  i»  at  his  lordship*! 
house  in  the  country  ;  biui:t:  it  appears  by  tb« 
de])Osition  of  bis  coachman,  thai  lie  went  ihcr* 
the  l'<:th  of  that  mouth,  and  did  nut  leave  il  till 
tbe  5th  of  May. 

*"  Hut  il  baa  been  proved,  that  1  was  iJi 
London  all  that  time ;  and  if  it  had  been  per- 
mitted* there  is  not  a  person  in  tlie  bishooN  fa* 
mily  bat  would  i«'>srirv,  that  I  was  not  then  at 


t 


I 


need,  who    *wcar,  that  those  ,  his  house  in  tbe  country :    and  consequi 
lit  b«!st  of  tbisir  ki»otrledge)    could  tiotb»re  vrritttoany  tycb  lett«rif<Nr 
I       Si 


Willy 
Uiai. 


i83]  9  GEOKGE  I.  Proceedings  against  Bishop  AtUrhwr^^         [4N 

Bendffl,  I  have  brought  seTeral  pertODt  of    stantly  open,  and  that  he  made  fome 
credit  and  undoubted  characters,  who  ha?e  all     '    '  ■   ■* 

lestified,  that  the  hand  in  which  thoie  letters 
are  said  to  be  written,  is  not  mine,  nor  any  thing 
like  it. 

"  An  affidavit  has  been  produced  from  Mr. 
Gordon,  that  he  never  received  any  sucli  let- 
ters from  me,  nor  ever  had  any  correspondence! 
or  even  an  acquaintance  with  me. 

**  And  it  has  been  likewise  proved,  that  Mr. 
Talbot,  to  whom  those  letters  are  said  to  be  de- 
livered by  Mr.  Gordon,  was  in  this  town  the 
▼ery  day  upon  which  they  are  said  to  have 
h«en  delivered  to  him  at  Boulogne :  And  if  I 
bad  an  V  such  letters  to  transmit,  can  it  be  ima- 
gined tnat  f  would  trust  them  to  the  common 
post,  when  I  bad  so  good  an  opportunity  to 
send  them  by,  or  direct  them  to  Boulogne, 
when  the  same  post  might  as  well  have  carried 
them  to  Paris  ?  These  are  such  full,  such  evi» 
deut  proofs,  as,  I  hope,  cannot  fail  of  giving 
your  lordships  the  utmost  conviction  in  this 
matter ;  and,  consequently,  that  this  Article  is, 
like  the  re«t,  both  groundlebs  and  manitiestly 
false. 

"  But  if  any  credit  is  to  be  given  to  the  con- 
fessious  which  my  accuser  made  to  the  per- 
son taken  up  with  hrro,  it  is  very  plain  that 
those  leters  must  have  come  from  another 
quarter ;  and  to  say  no  worse,  were  at  least 
calculated  to  carry  on  his  own  hose  and  vil- 
lainous designs. 

*'  For  it  has  been  proved  to  your  lordships, 
that  he  confessed  to  have  been  employed  by 
Aiie  of  the  ministers ;  received  300/.  from  him, 
and  was  to  have  3,000/.  more.  That  this  mi- 
nister declared  a  personal  prejudice,  upon  some 
private  account,  to  the  bishop  of  Rochester ; 
was  resolved  to  pull  down  the  pride  of  that 
haughty  prelate,  and  to  squeeze  me  (as  1  think 
the  expressions  were)  to  that  purpose. 

'*  My  lords;  I  say,  if  any  credit  is  to  be  given 
to  this  confession,  there  can  be  no  great  diffi- 
culty in  tracing  out  the  source  of  this  part  of 
the  conspiracy  ;  and  i  am  heartily  sorry  to  say, 
tliat  there  are  some  circumstances  which 
seem  to  give  but  too  great  a  countenance  to 
the  truth  of  it.  For,  my  lords,  he  made  this 
confession  at  a  juncture,  when  he  may  very 
well  be  supposed  to  have  spoken  in  the  sin- 
cerity of  his  heart ;  when  be  saw  his  villainy 
detected ;  believed  himself  to  be  in  the  greatest 
danger,  and  depended  upon  the  person's  as- 
sistance ^to  whom  he  made  it)  to  help  him  out 
of  his  misfortunes. — And  how  particular  this 
nrosecution  is,  and  bow  sufficiently  I  have 
Deen  saueesed,  are  things  but  too  visible,  and 
too  well  known  to  the  world. 

<*  Besides,  the  very  cypher  bv  which  those 
letters  were  written,  (and  which  he  owned  to 
have  received  from  that  minister)  was  actually 
caught  upon  the  person  to  whom  he  gave  it ; 
and  he  confessed,  that  he  put  a  paper  of  di- 
rections into  one  of  my  drawers,  by  which  (the 
Report  says)  most  of  the  treasonable  letlen 
were  addressed.  And  it  baa  been  proved  to 
ypur  Wrdabipty  that  thg««  inm^n  wmtOB- 


for  being  alone  in  my  lodgingBi  thtyvf  night 
before  J  was  tirst  taken  up.  And  linoa  ke  «u 
the  6rst  that  set  the  ministry  upon  inteicept« 
ing  letters  which  he  said  were  mine ;  it  ia  v«| 
extraordinary,  that  such  a  material  part  of  hi| 
evidence  should  be  omitted  in  hia  ezaininatioB; 
or  that  the  very  first  letters  so  intereepldL 
should  be  those  alleged  ajyrainat  the  bishop  i( 
Rochester.  And  if  the  originals  of  thoae  tnni 
letters  were  stopt,  I  don't  at  all  donbt,  bnttbe* 
might  be  proved  to  be  my  accuser'a  own  iMpi* 
writing.  And  how  strong  a  sense  he  had  sf 
his  guilt,  by  attempting  an  escape  which  pnr« 
ed  fatal  to  him  ;  and  how  visibly  the  haatfif 
God  has  interposed  iu  that  eminent 
favour,  by  taking  one  of  the  persons  (d 
for  his  destruction)  out  of  the  world,  andj 
the  other  grace  and  virtue  enough  to  <  ' 
all  temptations  to  his  prejudice,  are  thlfl 
higlily  worthy  of  your  lordships'  jast  i 
serious  consideration,  and  no  small  ii 
of  his  innocence.  And  as  to  the  money  wldeli 
my  accuser  owned  to  have  received,  that  tfavi 
was  a  very  sudden  and  extraordinary  chameia 
his  condition  ;  that  from  the  lowest  stale  of  p<4 
verty  and  want,  he  soon  arrived  to  that  or  | 
vicious  and  most  profligate  affluence,  h  % 
truth  sufficiently  known  to  all  those  vh 
were  acquainted  with  him.  But  from  wfaM 
this  chan<>^e  proceeded,  or  what  real  grouodill 
had  for  aspersing  that  honourable  persoiw  ( 
will  not  pretend  to  sly  :  But  if  those  i 


l»e  false  (as  I  wish  they  may)  it  may  be  jnrtly 
inferred,  that  a  fellow  who  was  capable  m 
vilifying  one  person,  may  very  well  be  iodfai 
as  capable  of  doing  so  to  another :  And  if  M 
veracity  is  not  to  hold  good  in  one  case,  that 
can  he  no  reason  for  allowing  it  in  the  other. 

**  The  fouith  crime  alleged  against  me,  iia 
number  of  intercepted  leiters,  supposed  to  hs 
written  to,  and  received  from  the  late  earl  s( 
Marr,  general  Dillon,  and  other  disaffeclei 
persons  abroad.  And  for  proof  of  this  a  Frencb- 
man  has  been  produced,  who  swears,  tluit  kl 
once  saw  me  take  up  a  letter  at  Burton's  eof- 
fec- house,  by  the  name  of  Baker,  which  naat 
(it  is  said)  some  of  the  ti-easonable  letters  woa 
addressed  by  ;  and  was,  in  a  paper  of  directistfb 
found  in  my  lodgings. — How  tliat  pane 
there,  has  been  already  proved ;  andutalh|f{ 
person  who  has  sworn  to  tliis  particular,  1 1 
observe,  that  when  he  gave  this  evidence  to  1 
House  of  Commons,  he  did  not  know  i 
though  he  spoke  to  me,  and  looked 
times  earnestly  at  me:  and  for  the  troth  ( 
this,  T  can  appeal  to  most  of  the  mcmberaof  d^ 
honourablo  House,  who  were  witncssHjof il 
and  he  would  still  have  probably  oootiopiif 
his  ignorance,  if  some  private  hints  (aa  It 
been  told)  were  not  given  him,  or  the  I 
thod  taken  which  has  been  done  w 
ber  of  other  strange  fUkiv«..jwk' 
qnently  sent  to  the  Tvm 
bnaineta  but  to  dhn  ' 
thopeoplnor-th^ 


1}  Mud  otheHfJor  a  Treasonable  Conspireq^*  A.  D*  \19S, 


m 


iait<     And  thoui;b  it  be  set  down  m 

niiifltion  lK*fore  the  cnunctl»  (tint  I  coU' 

I  to  ii«fe  taken  upsiicli  a  teiter,  1  (itinitily 

\  my  twfJ  cliancellor  (if  It  can  be  worth 

Tiip's  wbile  lo  ^-ecoltect  it)  irhedicj  not 

ki»l  Tety  quffMtuD  two  ^r  tlirte  limes  ? 

diilocrtas  oflen  (Itny  it?     Neither  b 

Jj  fmnJeutar  Ihnt  is  fnl^ely  set  ilawo 

BOiinattoo*     And  1  dci  solemnly  iiHirm 

ill'ip^,  that  1  ne?er  iliti  receive  aoy 

HlcY,  ner  ever  saw  that  paper  of  direc- 

jlill  ii  «*M  pnoted  in  tlie  Report. 

sU  ^mfitance  pretty  remarkable  io 

\  o&r  ice,  that  as  it  beg-an  witb  my 

tr'p  lui  Jt  niatioo,  so  it  ended  with  hia  b«- 

^tikco  up.     For  immediately  after  (L  new 

denee  h  pretended  to  be  diseoveredi 

:iliia  tikewise  upon  me,  it  has  been 

ibat  I  tent  cyphers  by  sir  Harry 

\  to  France,  and  had  letters  directed  by 

U>    8turgea*s    and  Slaugbter*s  coffee- 


»  Bvt  my  lorda^  no  t ocb  cyphers  were  found 

ilMly,  nor  any  papers  relating  to  such 

^  »n«ience :    and  ine  people  of  those 

N'iiovsca  hate  all  sworn,  that  I  never  or- 

I  any  letters  of  that  kind  to  be  taken  in,  or 

1  otie»  cither  by  my  own  or  any  other 

fjnom   them.     Nay  I    one  of  tbem    has 

,  tliml  no  such  letters  e?er  came  to  bis 

t  lU  ;  and  the  other  says,  that  a  mes- 

oni  the  secretary  *8oflSce  was  the  only 

ever  called  at  his  house  lor  those 

(•0it, 

^  Mm  to  the  printed  examination  of  one  Mr* 

jfl  lo  this  purpose,  it  were  to  be  wished, 

fttitleman^B  reasons  had  been  pub* 

^<l*  well  as  his  accusation.     For  1  am 

t  be  will  not  pretend  to  say,  that  he 

me  write  a  line  in  his  life,  or  give  a 

PtffjMiper  of  any  kind  lo  sir  Harry  Goring' ; 

wliit  reason  he  cotdd  bate  for  behe?ing 

wr  stilled  a  key  for  auch  a  correspon- 

a  very  extraordinary :    nor  have  the 

iicfilani  wliich  he  has  afHrmed    the 

pdiatioQ  of  truth  ;   for  J  do  solemnly 

It  I  nefer  aaw  Sample  in  my  life^  or 

mn  Bonln  any  mien  letter  of  recom- 

neither  had  1   erer  the  honour  of 

to  my  lc»rd  North  and  Grey,  or  of 

ny  waya  known  to  bin  lordsliip  i   and 

[  tbould  mention  him  so  familiarly  by  the 

ooa  name  of  Johnson^  (and  which  of  all 

1 1  •bouhl  never  make  use  of  in  that  man- 

wiiL  1   hope,  ap|iear  very  incredible  to 

lonislaiM;    especially  since  Mr.  Carryl 

r  nimiabcKl  so  good  a  reason  for  the 

for  it, 

Ufm  hm  hw  fikewiie  affirmefl,  that  my  exa- 
!  I    U  was  read  at  Dr. 

>r  has,  indeed,  al- 
rNit  in     1  Hint  {K>rat;*  and  Mr. 


Tucker,  who  was  all  the  while  io  companyJ 
will,  1  am  very  sure,  do  the  same*  And  sinew 
Mr.  Carryl  appears  to  be  &it  plainly  intstakea 
in  this  particular,  surely  be  may  very  well  bd 
siip|9osed  to  be  so  in  all  the  rest;  especially 
since  he  has  not  assigned  ibe  least  reason  lor 
any  of  them, 

**  As  to  the  restof  the  intercepted  letters,  the 
people  of  the  several  coffee-houses  have  like^ 
wise  cleared  me  from  them  j  and  all  (t'stifyj^ 
that  they  never  delivered  me  any  sueb  It- lten$, 
And  I  or  received  any  directions  from  me  abnntihem  ; 
'  '-  which  I  hope  will  be  sufficient  to  convince  your 
lordships,  that  I  was  not  concerned  in  any  such 
correspondence  ;  especially  since  no  letters  of 
this  kind  were  found  in  my  possession,  nor  uny 
other  papers  relating-  to  the  conspiracy* 

**  There  are  two"^  other  crimes,  in  w  liich  1 
most  humbly  crave  your  lordships'  patieme  to 
be  heard,  because  tb'ey  arc  the  blackest  ttiat 
can  be  imagined,  and  seem  to  be  personal.  The 
first  is  a  letter  directed  to  Mr*  Gordon  at 
Boulogne,  with  two  affidavits,  which  have  fieen 
printed,  and  are  suf^g-ested  to  be  sent  by  my 
directions,  in  order  to  have  him  and  one  Bir- 
mingham perjure  themselves  uponmv  account: 
for  in  this  letter  it  is  said,  That  the  inclosed  ii 
a  copy  of  a  note  from  the  person  concerned, 
with  what  he  thinks  requisite. 

*'  My  lords;  this  letter  is  dated  the  €Oth 
of  March,  at  which  time,  and  for  five  months 
before,  1  never  was  allowed  the  use  of  pen,  ink, 
or  paper,  or  the  liberty  of  seeing  any  person 
that  could  possibly  have  conreyed  such  a  not# 


offensive  life,  till  the  clamour  was  raised  about 
Altcrbury*s  plot*  Every  loyal  eye  ^vas  nn  th« 
watch  for  abettors  or  partakers  of  the  horrid 
conspiracy,  and  Dr.  Valden,  having  some  ac- 
quaintance with  tl»e bishop,  and  lieing  familiarly 
conversant  f^iih  Kelly  bis  secretary,  fell  under 
suspicion,  and  was  taken  into  custody. 

**^  Upon  his  examination  be  was  charged 
with  a  dangerous  correspondence  with  Kelly. 
The  correspondence  he  acknowledged ;  but 
maintained,  that  it  bad  no  treasonable  ten- 
dency. His  papers  uere  seized,  but  nothing 
waji  found  that  could  fix  a  crime  upon  him,  ex- 
cept two  words  in  his  pocket-book,  *  thorough* 
'  paced  doctrine/  This  expression  the  imii^i* 
nation  of  bis  examiners  bad  impregnated  witb 
treason,  and  tlje  doctor  was  enjoined  to  c xplaia 
them.  Thus  pressed,  he  told  them  that  th« 
words  had  lain  unheede<l  in  bis  pocket-book 
from  the  time  of  queen  Anne,  and  that  he  was 
ashamed  to  git e  an  account  of  them  ;  but  tb« 
truth  was,  that  he  had  gratified  bis  curiosity 
one  day,  by  hearing  Daniel  Burgess  in  the  pkiU| 
pit,  and  thoie  words  wst  a  oiemorial  bint  of  lA 
remarkable  sentenoei  by  which  he  warned  hii 
eongregation  to  beware  of  iborousfh- paced 
doctrine,  *  that  doctrine,  which,  coming  in  a| 

*  one  ear,  nnces  through  the  bead,  and  goes  out 

*  at  the  other.* 

*^*  Nothing  more  than  this  ap[iearing  in  his 
papers,  and  no  evidence  arising  against  oita,  hi 
wai  let  at  liberty.'*    life  of  Yaldeci* 


487J 


9  GEORGE  I.  Proceedings  against  Bishop  AUerbwy,  [488 


for  me ;  for  1  bare  been  ipiardeJ  in  a  different 
manaer  from  other  [»eople  in  tlie  Tower  :  my 
warders  were  put  into  tiic  very  room  with  me, 
and  ordered  ncTcr  to  slir  a  moment,  night  or  day, 
out  of  it ;  w  hicb  orders  they  punctually  obey  ed^ 
and  were  constant  witnesses  to  all  my  actions. 

'<  And  those  warders  will  depose,  that  they 
believe  it  was  impossible  for  me  to  have  written 
or  sent  out  any  such  directions ;  the  officers,  i 
don't  doubt,  will  do  roe  the  saoie  justice.  And 
when  roy  solicitor  was  admitted,  finding^  that 
Mr.  Gordfon's  affidavit  might  be  of  use,  if  al- 
lowed as  evidence,  a  person  was  immediately  dis- 
patched, .and  who  brought  it  in  a  different  form 
from  those  which  have  been  printed.  And  my 
solicitor  can  testify,  that  no  draughts  were  sent 
by  him  ;  which,  with  the  gross  management 
of  the  |iersons  concerned  in  this  affair,  is,  1 
Lope,  sufficient  to  give  your  lordships  the 
clearest  conviction  ofmy  innocence  in  it.  And 
I  do  solemnly  affirm,  that  I  never  knew  any 
thing  of  them ;  never  heard  of  the  name  of 
Aikenhead  before ;  nor  can  I  find  out  any  per- 
son (besides  the  master  of  that  vessel)  that  ever 
did. 

'<  The  other  crime  is  set  forth  in  oneLcvett's 
deposition,  in  the  Report  made  to  this  most 
honourable  House:  wherein  (among  a  great 
many  other  most  notorious  falshoods)  slie 
swears  that  one  Mrs.  Barnes  told  her,  that  I 
was  instrumental  in,  or  privy  to,  the  shutting 
up  of  a  person  in  a  dungeon,  for  fear  of  his  turn- 
ing informer ;  and  not  only  of  him,  but  of  200 
more  upon  the  same  account :  which,  I  beliere, 
IS  <lie  most  surprizing  crime  that  ever  yet  was 
alleged  against  any  Christian.  Mrs.  Barnes 
denies  every  syllable  of  tliis  conversation ;  and 
if  the  person  that  swears  this  against  her  had 
been  produced,  she  would  be  proved  to  your  lord- 
ships to  have  been  a  vile  iufamous  creature  all  her 
life.  And  if  she  is  to  be  believed,  or  that  your 
lordships  can  think  it  possible  there  can  be  the 
least  truth  in  her  deposition,  it  will  be  a  sin  to 
let  me  live,  and  impossible  to  find  out  a  punish- 
ment t(H}  cruel  for  me. 

*'  These,  my  lords,  are  the  chief  crimes 
which  I  am  charged  with ;  and  very  great  ones 
they  are,  had  they  been  in  any  degree  made 
out  against  me.  I  am  a  stranger  to  the  me- 
thods of  legal  proof,  but  have  been  told  by 
counsel,  that  the  greater  a  person's  crime  is, 
the  clearer  the  evidence  ought  to  be  against 
him ;  and  how  weak  and  insufficieot  the  proofs 
produced  for  this  purpose  are,  and  how  clear 
and  convincing  those  which  have  been  offered 
in  my  justiticaiion,  has,  I  hope,  evidently  ap- 
peared to  your  lordshifM,  and  given  you  entire 
convictioifof  m v  innocence ;  and  that  all  the 
crimes  allrgt.'d  anrainst  me,  are  without  the  least 
colour  or  foundation  of  truth.  But  how  much  I 
have  suffered  for  these  supposed  crimes ;  and 
what  extraordinary  meaus  have  been  made  use 
of  against  me,  are  tilings  much  worthier  of  year 
lordships*  judidai  consideration.  Tobetakea 
up,  and  bdd  to  ezorUiuift  boil,  without 
ngniog  ujporticalvcriBo  ogaiHl  me:   to 


expence  beam  no  proportioo  to  my  ctrcum- 
stances :  to  have  numbers  of  people,  and  oomo 
of  them  creatures  of  the  meanest  raoJt  and  ooa- 
dition,  taken  up,  examined,  and  tampered  with, 
upon  my  account ;  and  Newgate  sent  to  for 
witnesses :  to  have  a  servant  (who  was  tdnicd 
off  for  his  ill  behaviour)  brought  as  ao  e? idenoi^ 
and  my  moat  btimate  firieiMls  imprisoood  for 
not  swearing  against  me;  are  hardabipoiod 
proceedings,  I  believe  hitherto  ankeard  of  io 
England ;  and  such  as  1  hope  your  UxdahiM 
will,  in  your  great  wisdom  and  justice,  think  fit 
to  redress.  All  which  is  of  a  piece  with  on  in- 
famous  offer  made  to  myselt  by  one  of  the 
under- secretaries  of  state,  who  the  moraiog 
after  I  was  first  examined,  came  to  me  with  a 
message  (as  he  said)  from  one  of  bis  saperiofSi 
to  let  me  know,  *  That  I  had  now  m  very  good 

*  opportunity  of  serving  myself;   and  that  he 

*  was  sent  to  offer  me  my  own  conditieae,' 
And  when  I  declared  myself  an  entire  otnagfr 
to  the  conspiracy,  and  was  sorry  to  find  tnt 
noble  lord  have  so  base  an  opioiou  of  me^  he 
seemed  to  wonder  that  I  would  neglect  aogeod 
an  occasion  of  serving  myself,  *  especially  wha 
■  I  might  have  any  thing  I  pleased  to  ask  for.* 
What  authority  that  person  had  for  hia  misiigi^ 
or  the  rest  of  his  afier-proceedinga,  1  will  not 
pretend  to  say :  but  as  I  have  beoi  ruined  aad 
utterly  undone  by  them,  I  hope  your  lordshipa 
will  take  my  sufferings,  aa  well  ae  ctrcoa- 
stances,  into  your  consideration  ;  and  iiuleBd 
of  inflicting  any  fkrther  pains  and  penalties 
look  upon  me  (as  I  really  am)  a  person  highly 
injured,  and  not  a  crimmal  conoemed  in  aoy 
transactioi^  against  tlie  government. 

"  As  for  my  circumstanceay  they  are*bat 
too  well  known  in  the  world. 

*'  And  here  I  cannot  omit  my  gratitude  la 
the  late  and  present  constables  of  the  Tower: 
for  the  late  constable  (though  I  never  had  the 
honour  to  see  his  lordship)  was,  upon  a  repre- 
sentation of  my  circumstances,  so  very  good, 
as  to  procure  me  the  promise  .of  an  allowaoce 
from  the  government :  and  his  lordship,  the 
present,  has  been  so  kind  as  to  get  it  paid.  Baft 
the  officera  of  the  place  can  testify,  that  thie 
allowance  lias  not  been  converted  to  any  private 
use  of  mine,  but  coustantiy  given  lo  the  per- 
sons appointed  to  attend  me.  And  I  must  tsho 
leave  to  assure  your  lordsliipa,  that  it  has  eoiC 
me  more  since  I  was  sent  there,  than  the  go- 
vernment has  now  left  me  really  worth  ia  ihi 
world ;  and  I  must  suddenly  beeome  a  OMxi- 
fice  to  my  necessities,  if  not  set  at  liberty  ky 
your  lonlsuips'  great  clemency  and  compoirij* 

'*  If  1  have  dropped  any  expceasion  wkick 
may  not  be  so  agreeable  to  some  particnht 
persons  in  power,  I  could  wish  that  ny  de- 
fence had  not  laid  me  under  that  DLUiiiiy> 
and  I  do  solemnly  protest,  that  they  haveHC 
proceeded  from  any  resentment  lor  my  msSfh 
uga ;  but  from  a  sincere  endeavoor  to  giU 
your  lordships  the  dearea  oonvictien  oCl^ 
unooenoe.  And  since  I  ooukl  not  OMOt  tMil 
fefour,  I  shall  alwaya 


and  olherSf /or  a  Treasombie  Conspiracy. 


A-  D.  1725. 


[490 


of  these  proceed injjs, 

jnop  |>receitentji  of  this 

icK  have  be^n  slreaifjr 

i^el,  atid  must  besutj- 

T  \n  ftnd  jumUiciion  of 

'  mbly  :  nti  ussemWy  1 

L'hest  and  most  ho- 

-     ^^   ust  iitu\  mciAt  impartial 

cftrtb ;  mill  whose  Jiisticif  has 

ft9  exteufive   us  their    power. 

kwmkMt  nod  the  only  argtiment  wiitch  1 
■rd  offiere^i  fi»r  the  jttiiBinif  of  ihw  Bill, 
the  <Kcosion  is  extrao^innry ;  that 
^itr  tonktiTpK  are  in  yoor  Ipji^ifliliitive  ca|i«city  ; 
mi  llmti^i  llie  proofs  tuny  not  be  so  le^l, 
l9«vf  ffr,  ^  Ln  terrorem/  it  in  necessary  to  ftaas 
ft  Qui  I  humbly  beseech  your  tordshifis  to 
where  the  extraonfinarioess  of  this 
r  %it^ :— Has  there  been  the  least  com- 
HtfM  in  sfiy  pftfl  of  the  three  kinfi^domsP 
^mmf  pcrsou  injured  in  bis  liberty  or  fortune, 
laideB  tbo4c  who  hare  been  so  unhappy  as 
to  fill  itfifter  this  suspiefou  ?  Or  is  thi^  oeca* 
•iii»Q  iMir*  exirtiordinsry  th»n  when  there  was  a 
fdUic  imffifTcction  in  the  kingdom  f  And  wheu 
lie  penoim  concerned  in  it,  were  tried  by  the 
WWatm  snd  ordinary  courts  of  jtisiice?  And 
lieii'  lordships  are  te^te^l  with  a  su- 

fmt>  V,  and  not  lie^l   up  to  the  com- 

mon :  Uw,  can  that  be  a  reasou  for 

L'cily  contmrv  to  it?    And  to 
bp  yuur  lnrd»hips  capable  of  doing  so, 
4, 1  roust  say,  so  lieeoming  an  argument 
^      "  *         And 

I  oprnHl  witb  so  mild, 
nous  a  speech  trtim  the  throne,  end  in 
D  PXtraordinrtry  mjiniier,  must  surely 
^  ccustrary  to  the  de^ip-n  and  intention  of 
oii«  at  thai  time ;  anil   is,  I   h'>pe,  so 


•*  To  whicli  I  shall  only  beg  lea*e  lo  add 


^Bf^bcen  offered  u[ion  this  oceasion, 
^Iwiea  senion,  which  opened  with  so 


*^i\\ 


It y  smce  no  inlerf  enintr  accidents 
iiv*  i  to  rnfHe  the  quiet  and  tranqud- 

**  My  \  first  extrflortlinary  bill  that 

Ibhete  4  1  in   Enj^land,  was  that  of 

iktsaH  Qi    >»Lrdiiurd»*  and  how  much   per* 

IM  pfrjndiec  fvat  tn   his  prosecution,  and 

iiiml  tliat  f*  >'        V  (!  in  its  consequences, 

kl  Dot  ft}f  ice  the  Royal  Martyr 

iii^.i^^MiM^  words,  called  it  an 

aiuf  imputed  all  his  misfbr- 

it«     And  pray,  my  lonls,  why  was  that 

in^iifll,  init  because  it  was  nnt  sup- 

hf  lawf — Andt  to  the  c-temal  huuour  of 

llutiae  6«  it  said,  that  wlten  the  proofs 

Ms  trial  were  not  found  h  jjal,  they  re- 

1  IIP  flod  hrm  |;utlty.     But  when  this  ex- 

«iiir4ioary  nirihod  wm  taken*  and  the  torrent 

'^le  tisii«i  hfire  down  their  uiiuiJ  ju<<tici%  then 

Bm^^pitm   of  oil    thoiie    mixcnt***    were 

wliK'li  I    and    sunk   the 

^BKhvliott  ;  ui  rneof  your  nobJ« 

irS   hmi   is-'  ■■'':,;; 

4frl«re  in  tti 

J         Wi^  WacmoCT  torn  man  nunc   uUo 

\     tMb  ill«fml  fnK!e<*d  i  so  fidi  a  sacri- 

l^ittta  tkifkufm  and  bi_       l-4  ,r  country. 


I 


i  Inn  I 


well 


«  tfv«  Ills  CaiMj,  f oL  3,  p.  13^2, 


obserratkkti, 

kfiowa  to  ihftl  right  reverend  bench  : — That 
of  all  the  prelates  who  advined  his  majestv  lu 
Ibe  passinfr  of  that  fatal  Bill,  not  one  of  thetu 
escaped  tlie  violence  of  those  tery  ucrsona 
whom  ihey  eodearoured  to  oblige  by  that  ad- 
vice. These,  my  lords,  were  the  tiuhappy 
effects  and  fatal  consequences  of  one  extrior* 
dinary  Bill :  and  what  thoM?  of  another  may 
prove,  the  great  Director  of  all  things  only  can 
ibresee ! 

»♦  Many  are  the  argfumenU  which  mf^ht  ba 
brought  to  shew  the  great  injustice,  as  well  ai 
tnconveuiencjes,  of  the«:e  laws  in  particular; 
but  as  my  liberty  can  be  of  no  great  moment 
to  the  world,  I  stiall  only  beseech  your  lord- 
ships, not  ihrouijh  me  to  give  a  wound  to  tha 
constitution,  which,  perbapSi  may  not  so  easily 
be  cured.  The  g:reai  characteristic  which  dis- 
tinguishes Enjrfaiid  from  the  rest  of  the  ueigfa- 
bouring  nations,  is,  the  excellency  of  our  laws, 
of  which  your  lordships  are  the  great  ^ar« 
dians :  and  if  you  sutler  those  laws  to  be  broko 
in  upoUt  ^nd  render  life  or  liberty  so  preca- 
rious, as  to  be  affectefl  or  taken  away  by  every 
idle  hearsay,  that  excellency  must  FMKm  disap^ 
pear,  and  the  best  form  of  government  nowr 
upon  earth,  consequeotly  sink  iuto  anarchy 
and  confusion. 

**  My  lords ;  the  words  of  my  Bill  are  vary 
sev'Te,  and  do  not  bear  the  least  proportion  to 
the  proofs  which  have  been  produced  against 
(DC:  and  I  humbly  hope,  that  my  past  suffer- 
rns^s  will  be  looked  ufM)u  as  a  sufficient  pii« 
nishment ;  es|>ecially  since  it  is  not  pretended, 
that  1  have  transgressed  any  law  yet  in  being. 
1  propose  no  great  happiness  in  tdtis  liiet  auf] 
would  willingly  avoid  as  much  misery  aa  I 
could:  and  roust  therefore  humbly  beseech 
your  lonUhips,  to  look  upon  me  aa  a  stranger 
in  your  kinirtiom,  and  a  person  (as  I  really  am) 
inconsiderable  in  myself^  and,  conaequeotly, 
incapable  of  doing  the  least  prejiidiee  to  any 
government.  For  my  behaviour,  I  am  willing 
(o  give  the  best  sureties  that  I  am  able :  but  if 
that  be  not  approved  of,  I  hope  your  lordships 
will  give  me  leave  to  retire  to  some  other  part 
of  the  world,  where  I  may  enjoy  my  poverty 
with  freedom.  But,  let  my  fate  be  what  it 
will,  I  !>.h«ll  ever  pray  fur  your  lordships*  parti* 
eulnr  welfare,  a'i  well  aa  the  general  prosperity 
of  the  kingdoni. 

*^  And  so  resign  myself  with  the  utmost  hn* 
milityr  to  your  lord  shins*  great  clemency,  jus« 
tice,  and  eomptitioa.** 


4 


PnocefiDiNGs  AS  TO  Atterburv. 

In  the  House  of  Lonls,  on  April  5,  1725,  a 
Petition  of  Francis  bii^hop  o*  Uochester,  pri- 
soner iu  the  Town,  wnn  prtseutctl  lo  ili*^  House, 
and  rend  ;  setting  foith,  *•  That  on  Thursday 
tho  4th  iuwt.  alH>ut  iUrt'^  o'clock  in  the  after- 
noon, colonel  Williinnkon,  defuily  lieutenant  of 
the  Tower,  attended  by  Mr,  Scrjeaoli  ibe  gen* 
ilcman  ^ortcrtTAnd  by  two  wv4f 


I 


491] 


d  GEORGE  I.  Proeeediugi  Mgainit  Bishop  Aiterhry^  [49t 


tbe  petitioner's  room,  while  he  was  at  dioiier ; 
and,  hiFiDg  put  his  two  servants  under  the 
custody  of  warders  below,  told  the  petitioner, 
He  raust  search  him.  The  petitioner  asked  him 
for  bis  warrant.  He  answered.  He  had  au- 
thority from  the  ministry ;  affirming  it  u|M>n 
bis  salvation  ;  but  tlie  petitioner  refused  to  be 
searched  till  be  shewed  it.  He  then  said,  He 
had  a  verbal  order ;  but  refused  to  say  from 
whom.  The  petitioner  told  him.  If  it  were 
rerbal  only,  it  did  not  appear  to  him,  and  he 
would  not  be  searched.  He  endeavoured  ne- 
▼ertheless  to  search  the  petitioner's  pockets 
himself  by  force ;  but  the  petitioner  wrapped 
his  mornings  gown  about  him,  and  would  not 
suffer  him  till  be  shewed  bis  warrant ;  which 
the  petitioner  demanded  five  or  six  times  to  no 
purpose.  He  then  ordered  the  two  warders 
attending  to  come  to  the  petitioner,  and  do  their 
duty  ;  and  one  of  them  laid  hands  upon  him, 
and  began  to  use  violence ;  and  though  the 
petitioner  knocked  and  called  of\en  for  his  ser- 
▼ants,  colonel  Williamson  Raid,  They  should 
not,  nor  were  they  permitte<l  to  come  near  him. 
Upon  this,  the  petitioner  submitted ;  and  they 
took  every  thing  out  of  his  pockets,  and  search- 
ed his  bureau  and  desk,  and  carried  away  with 
them  two  seals.  They  seized  also  a  paper  in 
the  petitioner's  nocket ;  but  that  beio^  a  letter 
to  his  solicitor,  about  the  managing  of  his  cause, 
which  the  petitioner  thought  they  could  have 
no  pretence  to  seize,  while  he  was  under  the 
protection  of  parliament ;  he  took  it  again  from 
them,  and  tore  it ;  but  they  carried  a  part  of  it 
along  with  them.  They  searched  also  his  two 
servants  below,  and  took  away  a  seal  from  one 
of  them ;  and  those  servants  likewise  demanded 
their  warrant,  but  they  had  none  to  produce. 
Tbe  petitioner  therefore,  as  a  lord  of  parlia- 
ment, though  under  confinement,  humbly 
prays,  that  their  lordships  would  be  pleased  to 
take  these  matters  into  serious  consideration, 
and  grant  him  such  relief  and  protection  as 
their  lordships  shall  judge  proper,  against  such 
unprecedented,  illegal,  and  insolent  usage." 

And  thereupon  a  motion  was  made,  and  the 

anestion  was  put,  *'  That  colonel  Williamson, 
le  deputy  lieutenant  of  the  Tower  of  London, 
Mr.  Seijeant,  the  gentleman  porter  there,  the 
two  warders  who  attended  colonel  Williamson 
Yesterday  in  the  apartment  of  the  bishop  of 
Rochester,  prisoner  in  the  Tower  of  London, 
and  the  two  servants  of  the  said  bishop  attend- 
ing his  lordship,  do  attend  at  the  bar  of  this 
House  immediately,  to  give  an  account  of  the 
matters  mentioned  in  the  said  Petition."—- It 
was  resolved  in  the  negative. 

**  Dissentient, 
'<  1st,  Because  the  petitioner,  as  a  lord  of 
parliament  and  member  of  this  House,  though 
DO  peer  of  the  realm,  hath  an  unquestionable 
right,  under  all  circumstances,  to  the  justice 
and  protection  of  this  House,  against  anjr  per- 
sons whatsoever,  who,  durioff  th»  sitting  €f 
parliament,  commit  anv  Ml  of  viotaiien  to  Ilii 
jenMorpR^perty,  whidi  tUi  Hmn  a^  H 


judge  to  be  a  breach  of  hisjiriTilego ;  and  there- 
fore,  as  we  conceive,  the  facts  ikged  in  the 
Petition,  if  the  same  are  true,  and  no  tcoonnC 
given  of  them  bv  the  persons  oonoemed  to  the 
satisfaction  of  this  Honse,  are  an  anwmrrant* 
able  attempt  upon  a  member  of  this  Uouae. 
We  think  tliat,  injustice  to  the  petitkioer,  end 
to  the  hononr  and  privileges  of  this  House^ 
there  oug^t  to  have  been  an  immediate  and  ia^ 
partial  examination  by  this  House,  of  tlie  per- 
sons concerned  ;  we  finding  no  instance  on  llit 
Journals  of  this  House,  where  any  member  of 
the  House  has  complained,  by  petition  or  otfier* 
wise,  of  the  least  violence  or  injury  to  his  per- 
son, during  the  time  of  privilege,  whereon  the 
House  hath  not  ordered  an  ezaminatiun  of  the 
facts  so  complained  of. 

*'  Sdly,  Because  it  appears  to  ns,  that,  thtf 
petitioner  bein^  under  imprisonment,  and  a  Bill 
depending  agamst  him  in  the  House  of  Csn* 
mons;  that  House,  having  allowed  biro  the- 
benefit  of  counsel  and  soUciton  for  makinjf  Us 
defence,  were  proceeding  against  the  petiiionsr 
on  that  Bill,  in  all  probabilitv,  at  the  very  tins 
the  matters  complained  of  were  tranndeii 
and  as  that  Bill  may  soon  come  under  the  cm- 
sideration  and  judgment  of  this  House,  the  sat- 
ing the  petitioner's  letter  to  his  solicitor,  or  say 
thing  which  may  concern  his  defence,  we  art 
of  opinion,  ought  to  have  been  examined  inisi 
it  being,  as  we  conceive,  against  the  mlei  i 
natural  justice,  the  laws  of  all  nations,  asi 
the  fundamental  and  known  laws  of  this  rsahii 
that  any  papers,  or  other  things,  in  the  Isin 
ful  possession  of  the  person  so  aocosed,  siri 
which  may  relate  to  his  defence,  should  be  for*  < 
cibly  wrested  from  him  ;  or  that  any  puissi 
and  more  especially  a  loni  of  parliament,  beiii|> 
under  imprisonment,  and  accusation  for  hifh* 
treason,  should,  by  terror  or  other  violence,^ 
without  just  cause,  in  any  degree,  disturbed  is, 
or  disabled  from,  making  his  defence. 

"  Srdly,  Because  the  refusing  to  enter  inls' 
the  examination  of  tlie  matters  complained  d 
by  the  Petition  may,  in  our  opinions,  be  esa* 
strued  to  be  a  justification  of  the  prooeediagS 
therein  alleged,  even  though  there  was  not  S 
reasonable  occasion  for  the  same ;  and  it  boag 
suggested  in  the  Petition,  *  That  the  depu^ 
lieutenant  of  the  Tower  did  affirm  to  the  pel^  m 
tinner,  upon  his  salvation,  that  he  had  a  veibsl  | 
order  from  the  ministry,  though  he  refused  !•  | 
say  from  whom,  and  not  pretending  that  wb^  ' 
he  did  was  by  his  own  authority  ;*  we  are  «■  f| 
opinion,  that  it  was  of  the  greatest  consequence 
to  the  honour  of  his  majesty's  government,  tb^  ,4 
this  House  should  have  examined  into  this  pro*  . 
eeeding ;  and  the  rather,  because  weeowii**,; 
it  to  l^  of  the  highest  importance  to  tbe  fltf*  - 
and  impartial  administration  of  jnstice,  tbf^ 
this  Honse  should,  on  all  occasions,  disoaur 
tenance  all  appearances  of  force,  espeoafly  * 
a  lord  of  psiniament,  iaprisnpfid  mi  utm 
ofbigh-treaaon. 


i 


r  utlKrt,Ji)r  It  Trcatnnahle  Conspiracy. 


A.  D.  17«. 


r®4 


it  may  prnre  an  encounge- 

!     y-^'v,  if  noi  further  abuses, 
this  IFousk^t  ill  futuie 
Jale,  LvU'ii field,  Cow* 
_  l«  y,  Butluii^ti  Foley, 
^,   JIrU  burn  bam,   Gmlford, 


i«  ihe  Bill  (o  irtfliot  m'wt  ami 
oncift  lord  bi^^bop  of  Kocbfi^teT 
ip  from  the   Coroiuoiis  to  tbe 
tend  ai  fir»t  time.     On  the  ntM 
ip*t  Feriiion*  counsel  und  toll* 
leil  tu  litru,  with  freetloiii  of 
m  pvifjxie.     Aud  then  a 
'luticis  lortJ  hTsho|i  of  Ku- 
nth,  ^^  TInit  ttiere  are  divers 
'e  their  lordtihips^  by  ibe  Houie 
lupportt'       '  inat  the 

e  Bill  1  md  pe- 

i;  anil  b.^v.u.ui   iMt>»e  papers 
1  cypher,  which  tniy  require  a 
rclion  ;'*    and   prayintf^  '"That 
iiue  cotivcniaU  timfi  hefort?  the 
of  ihe  said  Billf  allowed^  to  iii- 
kid  pa|H!r3,  by  hi*  counsel  or  soli- 
r  pre^rnce  of  proper  *>fficerJt,*'  was 
tie  Ituuse,  aacf  read. — And  or- 
ated* 

fs  and  Mr*  Wearg^  having 

irc  of  the  Bill,  and  the  evidence 

|!i*g'ationsiu  I  be  preamble  thereof, 

^-oduce  auch  evidence,  among 

IVred  an  e.xtiact  of  a  letter  from 

pb  In  lord  Cartertt,  dated  **  Paris, 

|99,  \\  8,*'  and  a  translation  of  a 

in  sir  Luke  Srbaub's  letter  to 

I  tu  prore  tlia  conspiracy  in  ^e- 

]  ifi  Uie  fimt  pan  of  ibe  preamble 

l^op  of  Rochester  and  hU  counsel 

^adui^  the   said  ejrtract,  or 

trs  whatsoever. 

aik  «*That  the  Bishop  be 

»  did  inj^ivi  that  the  extract  of 

ur  Luke  S'  haob|  and  the  ea* 

tbutild  not  he  read  ?  nod  if  so, 

ttatt:  hi«  objtctioQ  or  objections 

m\    dianceltor  acquainted    bim 
1  *^  that  be  and  bit  eounsel  were 
itiuy  objection  he  aboutd  a tate 
act.*' 
bop  iDd  hif  QOiinsel  were  beard 

Hion  tf  this  Houte,  of  tho  $6tb 

'|4b*>  casip  nf  John  Phinkelt,  re- 

^lacitfof  hittrm  to 

rsl.  wn9  rrmL 

iind  the  (piiMiifm  was 

l<^fl*<»red,  bytbc  coiiiitipt 

Hchftub 

?'^— It 

,  and  iJie  qitcttioo 
ncloatd  in  the 
lib  be  read, 


tbiyng-b  this  House  be  nrvt  tequainted  with  tba 
name  (if  '  ko  who  g^ave  that  advice  f* — ^|| 

was  rr  I  >e  affirmative, 

**  Disst^^nuriw,— 8trnflbrd, Craven, Salisbury, 
Ofborne,  Northampton,  Scarsdale,  Ajh^- 
lord,  Gower,  Faulett,  Fran.  Ce&tiieii)»\ 
JVlaRbam,  Anglesey,  Cow  per,  Brooke, 
LitchfieUl,  Bruce,'^  Denbigh,  Guilford, 
Dartmouth,  Trevor,  Foley,  Ejccter,  Mcinl* 
joy,  \Viiloug:hby  de  Broke,  Weston,  Car- 
dn,ran,  Comptoa,  Bindley,  Ashburuham| 
Hetkeley  of  S!)lratlon/' 

The  couttsel  for  the  Bit!  offered  in  evldenct 
the  copy  of  a  letter,  dii-ected  *♦  To  Mr,  Duuu 
ville,  an  attorney/'  enclosed  in  a  letter^  i\U 
i-ecM  **  To  Mr,  Thomna  Wiimore,  at  3rr. 
Stokoe*!,  a  bookseller,  at  Charrng-cross,  April 
27  ;'*  with  the  enclosed,  beingr  n  copy  uf  [ 
O— — *8  letter  to  L ,  dated,  April  27. 

And  llic  Bisho't  and  his  counsel  objrctinpf  ta 
Ihe  reading  the  said  letters,  part  of  them  beu*^ 
vvirtcn  ill  cypher,  aud  the  decyphering^  inter* 
lined : 

A  motion  was  made,  **  That  the  letterA 
written  in  cypher  and  Bwom  by  two  decy- 
pberers  to  be  truly  decyphcred,  may  be  read.**  ' 

Aud  a  question  being^stated  thereupon : 

These  worils  were  proposed  to  be  added  |, ' 
viz,  *'  without  giving  the  prisoner  an  oppor- 
tunity to  make  proof,  of  bis  part,  how  tbej. ' 


oujjht  to  be  decypbered.'** 
The  question  was  put,    "  Whether  those 

tvotds  shall  be  made  part  of  the  question,*' It  ' 

was  resolved  in  the  negative. 

Then  the  question  \\&s  put,  **  Whether  th#  ' 
letters  written  in  cypher,  and  sworn  by  two  du- 
cypherers  to  he  iriily  decyphercd,  s!iall  be  noif  I 
read,** — It  was  resolved  in  the  affirmative.  ' 

Then  Peter  Thouvois  wds  examined,  upon,  ] 
oath,  to  (irove  the  said  letters  to  be  true  copies  [ 
of  the  originala,  which  were  stopped  at  th«.j 
post  ofHce,  and  copied,  and  sent  fotward  as  dk 
rcctetl 

And  Edward  Willes,  clerk,  was  sworn,  and  ^ 
examined,  to  prove  the  ssid  letters  truly  de* 
cyphered,  ,1 

And  admitting  upon  his  examination,  **  tbafl 
hediduKettf  ,  ,  i he saul letters;*'  I 

And  the  I  iiittiiliiii;,  "that 

the  said  Mi\  w  un-s  ^uKiuii  piotlucelbetiame  j** 
Aud  the  said  Mi\  ^Villes  submitting  it  to  lh« 
House,  whether  he  should  he  obliged  so  to  do : 

A  tnotiou  was  made,  and  the  question  wa»i 
put,  *»  That  Edward  UUlles  be  obliged  to  iiro-  '^ 
duce  his  key  of  the  cypher  f* — ^It  was  re$olfal«l 
in  the  negative.  »r 

♦*  Disijenticnt. — Northampton,  Salisbury,. 
Htrafford,  Scarsdale,  Frao.   Cestriena',  1 
Fouleti,    Cowper,    Cardigan*     Bruce^i 
WhttrtoD,   Brooke,   Ayleiitord,  Trevor  J 
fiuiUord,  Cower,  Clifford  aud  IVIurliuierij 
Mawham,  Foley,  Aotrl^^v,  LU«h(klij/ 
Eiceter,  Uartmmilli.  Monrjoy,  Oihorn« 
Berkeley   of   Straitoii,    We«loo,   Wili 
loitghby  dc  Broke,  Binghty,  Comptori, 
Denbigh,  A^hbufahami  Cravan/' 


495] 


9  GEORGE  L  Proceedings  against  Bishop  Atterbunff. 


On  May  6,  the  day  appointad  for  haaring: 
.  counsel  and  witnesses  upon  the  Bill,  and  for 
reading  the  same  a  second  time,  the  Bishop 
was  brought  to  the  bar. 

The  counsel  for  the  Bill  oflTered  in  eridence 
the  examination  of  Philip  Neynoe,  since  de- 
ceased, before  some  of  the  lords  of  the  council. 
And  an  objection  being  made  to  the  reading 
thereof,  and  some  proofs  being  heard  concern- 
ing the  same : 

Tlie  Bishop  asked,  <<  Whether  enquiry  was 
made  of  Ney  uoe,  or  if  he  ga?e  any  satiisfaction 
to  the  lortls  of  the  council,  touching  the  fact  ai- 
leged  in  the  said  examination,  that  Mr.  Henry 
Watson,  who  he,  Neynoe,  supposes  to  have 
been  the  earl  Mareschal,  was  in  England  all 
the  spring  before  ;  and  that  he  lay  with  him 
■ereral  nights." 

And  insisting,  "  That  he  should  have  liberty 
to  ask  the  said  question,  before  the  reading  the 
said  examination  :*' 

And  the  Bishop's  counsel  being  heard 
thereto : 

They  were  ordered  to  withdraw,  and  the  Bi- 
fhop  to  be  taken  from  the  bar. 
And  being  withdrawn : 
After  debate ; 

The  question  was  put,  <*  Whether  the  bishop 
of  Rochester  be  at  liberty  to  ask  the  said  ques- 
tion, before  the  reading  the  examination  of 
Philip  Neynoe,'*— It  was  resolved  in  the  ne- 
gative. 
Then  the  counsel  were  called  in  again. 
And  the  Bishop  was  brought  to  the  bar,  and 
acquainted  with  the  said  Resolution. 

And  the  counsel  for  the  Bill  desiring  "  That 
the  examination  of  Philip  Neynoe  might  be 
read:" 

And  the  same  being  opposed  by  the  bishop 
and  his  counsel : 

The  question  was  put,  "  Whether  the  exa- 
mination of  Philip  Neynoe,  since  deceased, 
shall  be  read,*' — It  was  resolved  in  the  affir- 
mative. 
And  the  same  was  read  accordingly. 
Peter  Thouvois  was  examined,  touchinsfthe 
copies  of  three  letters  stopped  at  the  post-office ; 
the  first  directeil  to  Chi  vers,  dated  April  90, 
1792,  sulwcribed  •'T.  Jones;"  the  second  to 
Musgrave,  dated  April  20,  1792,  under  cover, 
**To  Mr.  Gordon  the  son,  banker  at  Boulogne," 
subscribed  <'  T.  Illington  ;*'  the  thinl  to  Mr. 
Jackson,  under  the  cover  of  **  Mr.  Gordon  le 
ils,  banquier  ^  Boulogne  sur  Mer,"  dated  April 
90,  1799,  and  subscribed  **  R;"  which  were 
copied,  and  sent  forward  as  directed :  and  at- 
tested the  same  were  true  copies,  except  such 
words  as  were  wrote  over  the  figures. 

And  being  asked,  **  If  he  had  an  order  to 
stop  and  open  those  particular  letters,  or  a  ge- 
neral order  to  open  all  letters  in  such  a  hand  ?*' 
And  the  clauses  concerning  opening  of  let- 
ters, in  the  Act  9  Anna  Regime,  entitM,  *'  An 
Act  for  establishing  a  general  post-office  for  all 
ker  miyestjr's  dommions,*'  being  read : 

The  Bishop  asked  the  said  Mr.  ThoQTois, 
<<  If  he  bad  any  express  warranty  under  the 


band  of  one  of  the  nrindpal  secretari 
for  opening  the  said  letters  ?" — Aflei 

This  question  was  stated,  '*  Tha 
opinion  of  this  House,  that  it  is  ii 
with  the  public  safety,  as  well  aa  u 
for  the  prisoner's  defence,  to  suflTer  i 
enquiry  to  be  made,  upon  thia  occ 
tbe  warrants  which  have  been  g:ran 
secretaries  of  state,  for  the  stopping 
ing  letters  which  should  come  or  go  t 
or  into  the  methods  that  have  bee 
the  proper  officers  at  the  post-offio 
ence  to  such  wahvnts." 

And  it  being  moved,  "To  leav< 
words,  '  as  well  as  unnecessary  fo 
*  soner's  defence:*  ** 

After  debate; 

"The  question  was  pnt,  "  Whet 
words  shall  stand  part  of  the  quest 
was  resolved  in  the  affirmative. 

Then  the  questiou  was  put,  <<  Tli 
opinion  of  this  House,  that  it  is  ii 
with  the  public  safety,  as  well  as  uc 
for  the  prisoner's  defence,  to  sufier  a 
enquiry  to  be  made,  upon  this  occt 
tbe  warrants  which  have  been  gfanl 
secretaries  of  state,  for  the  stopping : 
ing  of  letters  which  should  come  or 
post,  or  into  the  methods  that  have  b 
by  the  proper  officers  at  tbe  post-offi 
dience  to  such  warrauts,'* — It  was  re 
the  affirmative. 

**  Dissentient. 

"  1st,  We  humbly  apprehend  that 
minal  prosecutions,  the  cross  exai 
witnesses  is  necessary  for  the  defci 
prisoner,  and  for  the  satisfaction  of  I 
are  to  judge  of  tlie  facts  alleged  ag; 
in  order  to  the  discoveringof  truth,  a 
ing  any  fraudulent  evidence  which  i 
oiiered  ;  and  the  Uesolutiou  above re< 
in  our  opinions,  tiebar  the  bishop  of  |i 
and  every  other  person  concerned,  fn 
any  questions  of  the  clerks  of  tbe  p 
who  are  brought  as  witnesses  to  the  t 
ing  to  the  stopping  and  opening  of  pc 
though  letters  pretended  to  be  stn 
opened  at  the  post-office  are  read  as 
against  the  prisoner ;  and  we  conceiv 
preventing  any  further  enquiry  on  tb 
must  lay  this  House  under  great  di 
when  tlicy  come  to  form  a  judgment 
letters,  the  validity  of  which  will  ii: 
measure  depend  ou  the  proof  givci 
having  been  truly  stopped  and  openc 
scrted. 

*'  9ndlv,  We  apprehend  it  to  be  ii 
for  this  flouse  to  determine  that  th( 
which  is  desired  i«  unnecessary  to  tlu 
of  the  prisoner,  lill  he  shall  come  to  r 
application ;  and  we  conceive  be  sho 
the  liberty  of  askintf  wlint  questions  I 
counsel  think  proper,  of  the  clerks  of 
office,  relating  to  the  stopping  and  of 
letters,  without  acquainting  the  Honae 
he  ioteiub  to  make  of  their  aimreift- 


Hi 


mB  li  Oi  l»  be  bjf  Hly  rewoDtble,  rs6enitat 
Wim^nA  ftmrraiilpd  by  the  methods  which 
bu  ttithfrk)  tilfoweJ  the  couusel  iot 
oi^the  Bill  to  |>rocve»l  in*  w  ho  have^ 
\m  whole  fxmmc  af  this  exuminivlioii, 
fiim^  «Im  appHcstioti  of'  the  eYidetice  they 
'^rrfd,  till  they  shuuld  jniJtff  convenient 
it.^^CAfuilale,  Norlhainplon^  FoulHt, 
AnfploK^y, Foley, Oaven,  Bftthtirut,  Aah- 
burohiLEiif  illasimin,  Litchtk't<1,  Bruce, 
tfAbiliigC.  El^trr^  Coruptniij  Gtower, 
•t  Bill^y,  Hay,  Moutjoy, Aylcs- 
f  *■:■"*  T"'"  ^^  ^<>n»r»  Fran.  Cea- 
vor,  VVeHtlm.^Strtt^• 
Unbigli/' 


A.  D-  vm. 


Willetj  clerk,  was  cicatntnei!  upon 
Im  j^rme  the  true  decypberitig  of  three 
ni,iliM  April  90,  17^3,  6ubsenb«d  "T. 

•»•*  ••  X  HliD^n/*and  *«  R ,*' 

hi  bli^irABkedby  the  Bishop,  **  Whether 
*  te  ill  dec! are  certainiy  J  that  any  n  urn- 
fbr  a  Dtme  beginning  with  any  par- 
Ml«r,  unless  the  iminetliate  preceding 
laiflit<fiate  subseqiiffTit  Diimtier  uppears  tu 
a  tiaiTjep  or  word?,  beginnitig^  with  the 


\  <  ssini^  an  UQwillin^nets  to  nittwer 

fe,  iliH^laring-,  "  That  it  would  lend  to 
i*ry  of  his  art,  and  to  iustrnct  ill- 
ciirn  to  contrive  more  difficult  cy- 
t:"  ' 

heqnestiofi  tvim  m.t,  "Whether  the  «nid 
Ibn  aai<  Willra  hy  the  Bifshop 

ittf  biragtt     ^  i.jm/* — It  wa«  n^solved 

ttocsftljre* 

beOonnMl  were  called  in  agnin  ;  and  the 
Nfo  m%M  brought  to  the  bur,  and  acquainted 
I  tiie  Wf\  Re^ltttron. 

id  ibc   1"  fVisiiog-  to    put  several 

ti<m«  lu  M  ^  relating'  to  the  method 

I  yplunng  : 

"  'I'hat  the  Houie  ahould 

!»  Thai  it  if  the  opinioo 

mi  cooiiileiit  with  the 

decyphercnr  an  y  qocs^ 

to  discover  the"  art  or 

V  hereupon  ptil ;  it  was 

1  for  Oie  Bill  ofTerinir  the  said  let- 

i: 

tiie  Bill  obj*>ctmg* 

prt»vetJ  that  the 

n^  lu,  or  directed 

se  Kelly : 

lOAci  tot  ibc  Bill  fllleg-injf^  "That 

rrd  thi*in  to  jiroTethe  cctiiapiracy 

v^itd^  Mpply  them 

.cf  :** 

iipon  the  i|ne«tion,  That  the 
^  ».-^  read, 

m  Ikie  ceotiatl  for  the  Bill  dcclar. 
%a4  ^oni?  throtiff h  their  t^idencc, 
bof  f  f9  whofe  f Irction  if  was  leO, 
XVt 


cbooaing  not  to  bt|riQ  iiis  defence  at  this  tintcV 
IMber   prooecdings    wer€   deferred    till    tba! 
morrow. 
On  May  9iht  his  1ordshtp'scounaelbein|f  acf*- 

auaioted  that  they  ahuuld  now  procet-d  in  hivj 
cfeocf,  they  deairtd,  **  That  the  rounsiel  for] 
the  Bill  might  firat  npply  the  evidence  ihejTf 
had  produced  in  a  particular  manner;  or  jti 
leaiit,  if  that'should  not  he  lltought  proper,  lli 
then  tkie  House  would  declare,  in  caiie  thol 
counsel  for  the  Bill  should  in  th^ir  t<  ;  '  '  6 

any  pariiculiir  npfdicntion  of  tl»eir  rv  ) 

eiiibri'e  it  further  than  they  hud  yet  dum-,  «h:ii 
tfaeo  they  uvlght  be  beard  a  second  time,  hfi 
way  of  rejiiififler.'* 

Which  be  ing  objected  to  by  the  cminsej  for 
the  Bill;  tlw'y  haViog  in  gentsral  opi-ned  the 
application  of  tl^  evidence  they  hnd  offpie<l : 

The  Bishop  requested,  "  That  the  s^nse  of 
the  House  might  he  kuown,  as  to  the  desire 
above- mentioned.*' 

And  after  debate  in  relation  to  his  said  re*  i 
quests  it  was  agreed,  to  call  in  the  ooDDsel  and  J 
the  Bishop  ^  and  that  his  connsel  should  bedn] 
reeled  now  to  proceed  iu  making  his  defence. 

And  they  being  again  called  in  : 

8ir  Cou^antitie  Fhipps  and  iUr.  Wynne  J 
were  beard  in  behalf  of  th«  bishop  of  Ito*  ] 
cheater. 

Hk  Oftistaniine  Pftipp*.  My  lords;  By  th« j 
appointment  of  thin  lionourahlc  HtiUf^e  I  bai^  j 
Ine  honour  to  attend  your  lordships,  as  counrtell 
for  the  reverend  prelate,  the  untortunale  prt^l 
soner  at  the  bar :  and  persuade  myself  it  wil|l 
not  be  difficult  to  defend  his  lordship  fmrn  thel 
heavy  pains  and  peualiies  of  this  Bill;  &inoa] 
the  counsel  for  it  confess  that  it  is  supported  { 
only  by  circumstantial  evidence. 

Bills  passing  into  laws  for  taking  away  men*«  1 
liberties  and  estates  by  circumstancf  s  only,  arM 
new.  Convictions  by  circumslnncee  trere  ne«f 
ver  heurd  of  in  ages  past;  atid  I  hope  wtll  ne-1 
f  er  be  known  in  this,  or  any  which  is  to  come  jl 
and  though  one  of  the  gentlemen  sciid,  tha|| 
circumstantial  evidence  is  sufficient  at  this  time  I 
of  day,  I  hope,  the  law  is  the  same  at  tins  time  4 
of  day,  at  ever ;  and  thattht  lives  and  fortun*?»J 
of  Ea^^lbh  aubjecta  will  be  as  well  protected  ] 
and  dcleiidetl  by  yoor  lordships,  as  they  were 
by  youT  predcceAwrs* 

The  securities  which  the  laxvs  havi 
for  our  liberties  and  estates,  and  tb«r 
that  we  cannot  be  deprived  of  them  but  by  ttiH  I 
and  legal  proof,  are  adfantages  which   were  J 
obtained  at  great  expence  of  bloo^l  and  treasure, 
by  your  lordships'   iMible  ancestors:   nnd  we] 
douot  not  but  >oa  will  transmit  them  t4> 
terity,  as  entire  as  they  have  been  continuedl 
down  to  your  lordships.  1 

The  law  is  the  rule  of  men*fi  actions ;  ntnll 
persons  accused  as  criminals  for  (acu  oora«b| 
mitted  hy  th^n,  ought  t(i  he  tried  by  the  I«ia 
that  were  in  force  at  the  time  of  the  facts  com*] 
milted,  '  secundum  allegata  et  ptt:rb;aa/  But  | 
laws  made  *  ex  post  facto/  to  punitih  men  for  < 
facU  which  were  not  offence*  when  they  wcrt 


9  GEORGE  I.  Proceedings  againti  BUliop  AUerhtr^f         JlOO 


committed,  render  all  thingi  that  are  dear  to 
Eniflishmen  precarious;  and  for  that  reason 
have  been  as  often  condemned,  as  they  have 
been  made. 

The  charge  apdnst  the  Bishop  and  Mr. 
Kelly  are  so  interwoven,  that  1  )Seg  you  will 
excuse  me,  if  in  my  vindication  of  him,  I  um 
any  tbinff,  which  I  offered  in  behalf  of  Mr. 
Kelly,  when  I  had  the  honour  to  attend  your 
lordships  as  his  counsel :  but  I  shall  take  care 
to  repeat  no  more  than  is  necessary. 

My  lords ;  I  am  very  far  from  denying  or 
contesting',  the  power  of  paiiiaments  as  to  Bills 
of  Attainder ;  but  J  hope  1  may  have  leave  to 
observe,  that  such  a  power  hath  been  very 
rarely  exerted,  unless  upon  extraordinary  oc- 
casions, and  in  cases  of  necessity.  I  hope  too 
I  may  be  permitted  to  shew,  that  the  case  of 
my  Lord  Bishop  is  not  within  either  of  those 


He  never  withdrew  himself  out  of  the  king- 
dom ;  never  fled  from  justice,  but  was  always 
amenable  and  forth-coming,  ready  to  bo  tried 
according  to  the  usual  and  ordinary  methods  of 
justice.  And  the  attainders  of  Mortimer,  and 
the  earl  of  Arundel,  in  Edward  3'stime,  of  sir 
Thomas  Haxey  in  Richard  2*8  time,  and  others 
afterwards,  were  reversed,  because  the  persons 
accused  were  forth -coming,  and  might  have 
been  brought  to  a  trial  according  to  the  usual 
course  of  justice.  Wherefore  I  hope  tlie  same 
reasons  which  prevailed  with  those  parliaments 
to  reverse  those  attainders,  will  have  weight 
enough  with  your  lordships  to  prevent  this 
Bill's  passing  into  a  law. 

The  parliament  at  the  Restoration,  did  not 
think  fit  to  interpose  their  legislative  aiithoritv 
even  in  ihe  case  of  the  Regicides,*  but  left 
such  of  them  as  were  alive,  and  turth-coming, 
to  the  ordinary  methodM  of  justice,  and  gave 
them  a  fair  trial  for  their  lives  and  estates. 
The  only  remarkable  Bill  of  Attainder,  which 
bath  been  in  in  some  ages(exceptof  such  as 
were  in  actual  rebellion,  or  fled  from  justice) 
was  that  of  sir  John  Fenwick.  I  own  1  men- 
tioned this  case  on  bi^lialf  of  Mr.  Kelly  ;  and 
it  being  a  case  so  material  for  my  Lord  Bi- 
shop's defence,  I  cannot  injustice  to  his  lord- 
ship omit  making  some  observations  upon  it  : 
from  which  it  will  appear,  that  the  reasons 
given  for  passing  that  Bill  are  the  strongest  ar- 
guments in  the  world  against  this. 

The  preamble  of  sir  John  Fenwick's-f  attain- 
der shewed  the  necessity  of  it :  for  tlic  pre- 
amble sets  forth.  That  sir  John  Feiiwick  was, 
upon  the  oaths  of  George  Porter,  and  Cardel 
Goodman,  indicted  of  high  treason :  that  he 
obtains  I  his  m^esty's  favour  to  have  his  trial 
delay e«l  from  time  to  time,  upon  his  reiieated 
promises  of  making  an  ingenuous  and  full  con- 
fession :  that  several  times  were  appointed  for 
his  trial ;  at  one  of  which  he  had  been  actually 
tried,  had  it  not  been  for  the  expectation  of  the 
diseoveries  so  often  promised :   tbst  since  the 


times  appointed  for  his  trial,  Cardel  t      

one  of  the  witnesses,  was  witbdrawii,  wo  thU 
he  could  not  be  had  to  give  evidenoe.  And  il 
appeared  upon  the  trial,  that  Porter  had  ban 
tampered  with,  and  had  SOOl.  pakl  hifli*  mt 
200i.  more  promised  him,  to  go  bayond  m. 
This  mada  the  presumptioa  Tory  ttrong^  '^  ' 
^     '  ifatrjr 


Goodman  was  sent  away  by  some  of  air  • 
frieods.    So   that  there  was   an  indit 
against  him ;  two  witnesses  were  iwom  i 
it,  and  proved  the  treason ;  and  be  | 
from  time  to  time  to  make  disooveriea. 

fiath  my  Lord  Bishop  been  indided?  Hath 
there  been  any  oath  made  a^nst  bim  F  Did 
he  ever  impose  upon  his  ma|esty  or  the  Hiinii 
try,  by  promising  to  make  any  dinoovfiyf 
liath  be  sent  away  any  one  that  waa  witoH 
against  bim  ?  Since  these  circumstances  vat 
thought  necessary  by  the  parliament  at  thU 
time  to  induce  them  to  pass  that  act ;  and  lbs 
present  case  is  not  attended  with  any  ana  tf 
these  circumstances;  this,  we  homlHy  cm* 
ceive,  is  a  reason  why  your  lordships  shsdl 
not  pass  this  Bill. 

The  greater  the  offence  is  of  which  any  fth 
son  is  accuse<l,  the  plainer  and  dearer  Iht 
proof  ought  to  he :  and  my  lord  Coke  in  hisflh 
Institute,  page  37,  (wliich  I  mentioned  Iht 
other  dav)9  speaking  of  the  attainder  of  Oiwh 
well,  earl  of  Essex,  by  parliament,  says;  "Hi 
more  high  aud  absolute  the  jurisdiction  of  it 
Court  is,  the  more  just  aud  honourable  itoa^ 
to  be  in  its  proceedings,  to  give  example  efjt^ 
tice  to  inferior  courts." 

The  offeuce  charged  on  my  Lord  Diihifb 
of  the  highest  nature ;  and  this  jorisdietioaths 
most  high  and  absolute:  therefore  the  prs- 
ceedingti,  without  doubt,  ought  to  be  the  iial 
just  and  honourable. 

The  punishment  inflicted  by  this  BiDistbl 
greatest  that  can  be,  next  to  death  itadf:  fiv 
what  can  be  worse,  than  for  a  reverend  pfdall 
of  such  advanced  years,  and  of  so  iaflnn  s 
body,  to  he  banisheil  into  another 
and  be  forced  to  seek  his  bread  in 
places  ? 

The  punishment  is  still  much  severer  lo  fcil 
lordship,  who  hath  save<l  nothing  to  >nMH( 
himself;  for.  his  eminent  hospitality,  and  bii 


*  See  their  Case,  vol.  5,  p.  947. 
t  See  bis  Case,  voL  19,  p.  697. 


extensive  charity,  though  they  have 
prepared  him  to  live  in  another  world,  yet  hsM 
disabled  him  from  subsisting  in  another  ooaatiyi 
there  he  will  himself  want  that  charity,  whini 
he  so  liberally  bestowed  upon  othen,  and  BMrt 
beg  upon  his  crutches  or  starve. 

As  to  the  evidence  offered  against  his  Isrd* 
ship,  I  humbly  apprehend  the  proof  would  a^ 
be  sufficient  at  law  to  support  an  indictment  fc' 
the  lowest  misdemeanor.  And  will  yourk"^ 
ships,  in  your  great  wisdom  and  justice, c 
vict  a  lord  of  parliament,  a  lucmber  of  J 
own  body,  and  subject  liiin  to  such  severs  . 
nishment,  upon  evidence  that  al  law  woaM 
he  sufficient  to  con virt  tlie  i  "j— - 

the  most  minute  trespass  f 

Hiia,  I  hunibly  appreband^ 
the  CHt      •       -' 


olher»fJbr  n  Treasonable  Conipirttcy. 
dw  cfMence  to  mpp«rt  it,  ha 


A.  D.  n«». 


[509 


tcs,  <*  Tbat  lliere  wna  n  *le- 

il  coufipiraoy  for  irnsditjg  his 

Iplfiftis    uith   foreign  forces;  ibr 

liioo  ;  for  iietzing  ihe  Tower  and 

nmJ  far  ikying'  violent  bands 

y*s  mf»st  sacred   iier^oD^  and 

TftwCT  and  tke  cily, 

I'ioiiihekin^jrand  prince; 
es  is  chBr»»'ed  ur»on  my 
\  the  fiharge  ajjainst  nis  lorrf- 
hftlh  been  dt-f jdv  concerned 
tif.-v  ..»,»  r}»rr)iri|*^  on,  the 
iiacy,  t>y  traitor* 
^.i  .  .  u_,,ondiii^  Willi  divers 
un  tnsiirreciion  uitliia  this 
I  to  procure  foreiun  iorcCK  t*>  invade 
pom  ;  and  intendmicr  to  raise  a  ve> 
^iHe  time  ot  tiic  ele^tioni  \  and  ivhen 
nt  li>  Hanover ;  and  at  the  breakings 
imp.*' 
lie  fimt,  v\z.  the  st^ndingf  for  foreiflrfi 
ibc  Bishop  is  not  charg^'ed  whh  bping 
le  ftn  V  one  of  the  thi^ee  meinonals:  for 
|09  aa? «,  he  wrote  thenn,  and  they  were 
i»dlo  him  by  Kelly  and  Watson,  whom 
1  to  be  ll*e  earl  Murmlml, 
,1. ...,,.  ^,(-  rgijjinj^  a  rebi.^llion  at  the 
|l  is»  it  i^  founded  on  a  letter, 

.>,  ...,  J   directed   lo   Mr   Jackson; 
llr|iort  aayii,  the  coininittee  have 
I  tft  lielieve  was  from  the  bishop  of 
» the  Fi^li-rjder. 

rtayt,  **  NotMriihataiidinfir  ibia  op- 

«eil,  I  agree  with  you^  another 

the  end  of  the  year"     And 

made  upon  it,  is,  that  tt  wag 

I  of  April,  when  moat  of  the  elec- 

8i  consequently  the  oppor- 

'  SOlh  of  April  is  supjiosetl  to 

the  Prei^ndtT  at  Rome.     It  «up- 

f  to  the  Pretender  had  beto  wrote, 

\  that  an  op]H>rtunity  wa»  elapsed 

and  that  un  »ni4wer  bad  been 

feUcr  hy  the  Preteniler>  that  an- 

bcfone  the  end  oi  the  year  j 

Wat  least  two  months  before  the 

ettrr ;  and  that  wai  before  the  eleo- 

begun, 

fjaitinif  ft  rebelUott,  when  the  king' 

"lamivrr ;   it  ia  inferred   from  dark 

Inters  of  the  §Oih  of  Way,  ni% 

r  May,  O.  H.  and  10th  of  May,  O,  S. 

I  itid  to  bate  pa««»fd  betweeo  Dillon. 

and  Kelly.     And   by  com* 

Mj^,  you  will  oltaerve  what 

» h  for  such  ft  cbftfgie. 

If  llM  gth  or  May.  O*  8.  30th 

tnppoiod  to  be  Dillon's  te- 

»  Baker,  aoppoaed  to  bo  Kelly, 

\\%u\U  t^r.%  Krnu^ht  an  addition 

♦  Lome  from  Rep- 

^       J     ri  to  s««f  what  is 

ibc  purobaae  abo  iitcodf  to 


le'ferof  the  10th  of  May,0,  S.  HaU 


6eld,  who  is  supposctl  to  l>e  Kelly,  urlt4»  to, 
Howell,  who  JH  jiiippofi^d  to  be  Dilton'f  secretary , 
**  That  the  king-  inteinU  to  aet  out  early  next 
month  ;  if  ihey  could  then  com(»a^§  barr«li 
enou|^'h  ;  the  sooner  the  wine  Cfln»*'«,  the  l>etter ; 
Jones  promises  to  he  a  ^ood  cusinmer/' 

From  hence,  and  from  ubat  Piinrier  said^l 
8k^n  told  him,  it  wa&  iu^inoHtcd,  thut  ^rreat^ 
foreiiiyn  forces  were  to  t>c  brought  in  for  tha 
Preteoder  ;  that  great  sums  of  money  wen 
contributed  iii^r  that  purpose ;  and  ihot  t 
sums  wf  re  under  the  management  of  tjie  bu^hopl 
of  Hoi'he>^ter ;  and  all  this,  because  Quitwelld 
tells   Baker,  if  tbe  last  po<^t  dlil  not  bring  oar 
addition  of  three  to  six,  Mrs.  Jones   may  seo 
what  is  6till  wanting  for  the  purchase  she  in- 
tends (0  make. 

Now  suppose,  by  Quitwetl  and  Howdl  arc. 
meant  Dtlloo*s  secretary  ;  and  by  Baker  and 
Hatfield,  Kelly  is  intended  ;  and  suppose,  that' 
by  the  addition  of  thrre  to  six  is  meant  a  re- 
mittance of  money ;    ky  '  w  ine'  are  meant< 
*  soldiers  \*  and  by  Mrs.  Jones  is  meant  my 
lord    bishop    of   Rochester:    Yet   can    what; 
Ddlon'a   secretary  writes  to    Kelly,  or  what'j 
Kelly  writes  to  Dillon's  secretary,  alfect  tboJ 
bishop  of  Rochester?    If  it  cnn'itia  in  tho 
power  of  any  two  men,  one  residing  here«  and 
the  other  l»eyond  sea,  to  take  away  the  life  of 
any    man    breathing.     But    siippOBO  we    can 
make  it  appear,  as  most  certainly  we  shall,  that 
by  Mrs.  Jones  cannot  be  meant  tbe  Bishop  ;> 
tbrn  what  becomes  of  this  part  of  the  charge  f- 

The  UP xt  thing  to  support  this  charge  is,  »« 
passage  in  an  extract  of  a  letter  dated  cTie  tirtii 
of  M'Ay^  written  from  Qoituell  to  Jatnoft 
Baker  J  in  which  it  ia  said,  **  tbat  Mrs.  Jone«- 
cannot  take  a  better  lime  to  have  himself 
tittetl  with  an  easy  sad  die »"  &c.  If  an  eitract 
of  a  letter  can  be  of  any  wt^itvbt,  and  the  con* 
struction  put  upon  it  is  to  be  allowed ;  then  the 
Bishop  is  turned  general »  or  at  least  a  coloneL 
For  hy  Neyuoc^^  io formation  and  PlunkeU'i> 
cypher,  *  saddlers  and  middles'  are  '  Irish  sol< 
dSers  and  regiments  :*  fck>  the  Bishop  is  repre- 
sented as  undertaking  to  raise  a  regiment  of 
tri&h  soldiers,  and  to  mount  on  horseback  hioi* 
self  to  command  thenu 

Aa  to  the  third  thing  chnrged^  which  was  to 
raise  a  rebellion  at  ihe  bieakmi;  up  of  tho 
camp  ;  there  is  no  pretence  of  evidence.  8o 
that,  upon  the  whole,  ttiere  does  not  appear  to 
be  any  preteuce  for  that  p»rt  of  tlie  preamble 
10  the  Bill,  which  cbargctU  the  Biuiop  witb 
having  been  «*  deeply  concerned  to  formings 
direetmg,  and  carrying  on  the  conspiracy  *' 

The  nest  thing  charged  agftiuat  hiii  lordship 
ia,  that  be  waa  *^  concerned  in  a  coirri^pon- 
dence  abroad,  and  tome  transactions  at  home 
for  bringing  in  tbe  Pretender/' 

Now  as  to  this,  i  would  obi^erve,  that  there 
ia  not  one  witness  ttgainiit  his  hirdj^bip  of  uny 
criminal  act ;  that  though  »ll  hia  paper*  hare 
been  seised,  yet  there  appears  not  any  letter  or 
paper,  under  hia  hand,  of  a  criminal  nature ; 
nor  uty  letter  proved  u  be  writteo  of  leceired 


603J 


9  GEORGE  I.  ProeetdiMgs  agaimi  Biskcf  AiUrhnrj^         \fKik 


usMi  .foinea  me  wrd  peraons  oi 
and  lionoDr ;    vet  I  presume  to 
prolcsaion  in  the  liw,  as  well  ai 
has  ffifea  me  such  a  sease  of  mv 


by  biro,  which  is  criminal :  neither  is  there  aav 
charge  of  anv  meetinir  or  consultation  witk 
any  persons  lor  carrying  on  this  conspiracy. 
Indeed  he  is  mentaoued  aa  a  member  of  a  club, 
called  the  BuHbrd-club,  of  which  the  earl  of 
Orrery  was  said  to  he  chairman ;  which  dob 
(as  I  apprehend)  was  ne? er  heard  of  till  Layer'a 
trial.  This  accusation  I  know  to  be  false; 
and  never  met  with  any  one  that  beliered  it : 
therefore  shall  not  trouble  your  lordships  with 
any  further  observstions  upon  it  than,  just  to 
take  notice,  that  though  he  who  made  the  list 
balh  ,ioined  me  with  persons  of  great  4|nality 

o  say  that  my 
as  my  religion, 

I  given  me  such  a  sense  of  my  duty,  that  no 
persons  whatsoever  are  great  enough  to  draw 
me  into  a  plot  against  bis  majesty  and  the 
gOTemmeot. 

I  beg  leave  to  observe  that  this  charge  is 
founded  partly  upon  the  hearsay  of  Fancier  and 
Neynoe,  and  partly  u|N>n  the  three  letters  dated 
the  SOth  of  April,  1739. 

As  to  the  hearsay- evidence ;  Fancier  de- 
poseth.  That  Skeen  told  him,  that  the  bishop 
of  Rochester  and  lord  North  and  Grey  had  the 
principal  direction  of  the  conspiracy;  that 
S00,000/.  had  been  raised  by  oontribution,  and 
was  put  into  the  management  of  the  Bishop ; 
and  that  it  was  calle<l  the  military  chest.  Now 
can  this  be  evidence  in  an  indictment  or  action, 
ibr  the  most  minute  trespass,  or  in  any  case  P 
can  it  be  imagined,  that  so  much  money  could 
be  raised  among  the  Jacobites  P  or  that  such  a 
sum  could  be  raised,  and  not  one  contributor 
discovered  P  can  it  be  imagined  that  such  a 
Bum  should  be  entrusted  with  one  man  P  Or 
that  my  Lord  Bishop  would  be  that  man,  who 
would  have  the  care  and  trouble,  and  run  the 
hazard,  of  such  a  sum  P  To  which  it  may  be 
added,  tUalHkeene,  the  only  person  living,  who 
by  an^  |»erson  living  is  said  to  have  said  this,  is 
uuw  ni  cuKtody,  ready  to  be  examined  upon 
oatli,  and  denies  every  word  of  it. 

As  to  Neynoe's  examinations,  bespeaks  only 
what  Kelly  told  him ;  and  can  what  Kelly  told 
him  affect  the  Bishop  p  Besides,  none  of  his 
examinations  are  ufion  oath,  or  so  much  aa 
aigued  by  him ;  (whereas  the  examination  of 
Goodman,  tliat  was  given  in  evidence  against 
sir  John  Fenwiok,  was  upon  oath  :)  all  of  them 
appear  to  be  tiken  after  he  was  in  custody, 
under  great  appreheosidns  and  terrors;  nay, 
it  appeam  that  oue  of  them  was  taken  the  day 
before  he  drowned  himself:  and  moreover, 
that  only  one  of  tliem  was  read,  which  wss  ex- 
tracted out  of  three  examinatiiNM,  marknl  A, 
fi,  C,  and  said  to  oonuin  the  substance.  We 
desire  all  the  three  examinations  may  be  pro- 
duced and  read  ;  and  then  it  will  appear,  who* 
ther  that  oue  contains  the  whole  suostance ;  or 
whether  there  be  uatsome  things  very  material 
omitted :  and  it  will  likewise  appear,  that  there 
are  such  inconsistenoiea  in  them,  aa  will  take 
off  their  credit.  For  in  one  place  he  says,  be 
aaw  Kelly  make-use  of  tlweyphers)  and  that 
K«lly  owMd  with  gmt  a«adaM  tiMf 


carrying  on  a  oomspondaoca  with  tiM  Piuh 
tender  and  his  agents :  and  yet  in  aaatkar 
place  he  says,  That  Kelly  never  opanad  kin- 
self  as  to  tlie  plot  now  on  foot ;  that  indaad  \m  ■ 
had  seen  several  lettera  from  Pteis  and  elks 
plaeea,  but  they  coutaioed  nothing  mmtmmL 
So  that  it  must  be  aopfiased,  either  tkait  tbeni 
was  no  treasonable  correspoodancaaaiMdffi 
by  Kelly ;  or  that  Neynoe  was  not  ao  grol  a 
confidant  of  Kelly's  aa  ha  pretended. 

Neynoe  says,  Ha  drew  three  nMoaariilii 
and  the  last  was  in  Decenriier  17S1,  to  tha 
regent  for  five  thousand  men;  that  aU  the  me> 
morials  were  drawn  by  the  order  of,  and  die* 
tated  by,  one  Henry  Watson,  whom  be  4id  no| 
know,  but  took  to  be  the  bte  earl  M ariakili 
that  Henry  Watson,  whom  ha  took  to  be  aal  • 
Marisbal,  was  in  England  all  last  spriog,  aii 
that  he  lay  with  him  several  nights. 

It  is  very  extraordinary,  that  the  aerl  Mali- 
shal  should  trust  a  mere  stranger  to  draw  ikna 
memorials,  and  one  of  them  for  five  thansaad 
men  to  invade  the  kingdom ;  and  that  ate^ 
wards  he  shouM  lie  with  him  several  nigkli^ 
and  iiot  know  who  he  was. 

In  one  of  his  examinations  he  savs,  the  h«ds 
of  the  memorials  were  giyen  him  by  Kellv  and 
Watson ;  in  another  he  says,  they  were  aU  drava 
by  Watson :  and  it  is  observable,  that  the  roagk 
draught  or  a  cony  of  any  one  of  theos,  is  aol 
produced,  which  certainly,  he  that  iniaiidad  it* 
turn  evidence,  and  so  soon  after  beoamt  an  ia« 
former,  would  have  done,  if  there  had  bece  aay 
such. 

The  Committee  are  pleased  in  their  Bcastt, 
pag.  38,  to  take  notice,  that  Neynoe  said,  Kily 
told  him,  that  a  lord  of  the  council  gave  tM 
Bishop  notice  of  his  being  to  betaken  up  sons 
days  before  it  happened  ;  and  are  pleased  Nks- 
wise  to  say,  that  he  afVerwards  confessed,  (is 
they  were  inlbrmed)  that  iathat,  and  other  M 
examinations,  he  endeavoured  all  he  couU  It 
create  difiidence  and  suspicions  am«ing  his  ma- 
jesty's servants.  And  what  credit  can  be  givsa, 
aiW  this,  to  one,  who  had  so  little  regard  li 
truth,  aa  to  say  any  thing,  though  never  m 
false ;  to  so  wicked  a  purpose,  aa  to  create  • 
misunderstanding  among  hia  majesty's  mn* 
vants  ?  especially  if  one  considers  how  pre* 
bable  it  is,  that  the  remorse  he  had  upon  hii 
c<»nscience,  occasioned  by  the  evidence  he  hii- 
given,  and  his  dread  of  the  shame  of  beiaf 
forced,  when  he  came  upon  his  oath,  to  dsnjr 
what  he  had  said  when  he  was  nut  upon  hv 
oath,  were  the  reasons  of  hia  making  away 
with  himself.  And  we  shall  call  socm  wit* 
neases,  who  will  give  a  full  account  of  him. 

We  shall  call  one,  who  bat  lately  depssed 
before  your  lordshiiis,  that  Neynoe  lold  UMi 
he  had  said  several  things  to  a  great  maa, 
which  he  neither  would  nor  couklawear  wkhont    . 
being  perjured. 

I  most  humbly  beg  ^our  lordships'  pardoe, 
for  being  ao  particular  in  a  matter  which  I  heft    , 
ao  lalely  an  oecaskm  to  mentiou :    bat  this  ia    j 
whirh  the  weight  of  the  wbale 


the  binge  npoe  whii 
chaiM  isaiHt  the 


mmd  ^AiUfJu^r  a  TreasonahU  Causpinc^.         A*  O-  ntS* 


your  lof dsliips  will  e%eiim 

tf)uci0t  my  Ijord   Biftfiop 

tliroe  leiUfs,  tliitVti  ttie  aotii  uf 

i' One  mi^cmI  J .  Joneisi^  tuntiHKto  ihe 

CliiperKy   iiuiueiido   Dillon :   the 

IlliogUio,  imiuendo  the  hiBhop} 

^  uitmeiKlo  lord  Marr  :  the  third  to 

''    (eDiler;    mid  Bi^niid 

ll.  ,i     Tlicse  letters  are 

I  try  ixviiy^  i&Jid  diututeil  hy  (he 


leltcrB,  1  b*^  leave  to  obserf  e 

criaiina)  tyufnra  to  l>e  in  any 

it  thru  it  iii  objected,  thai  two 

mttojutrd  of  treason,  aiid  are 

i€odef ;  and  it  ia  high  treason 

1  aQfl  X\kt  third  is  tlie  Pretender 


Chirera  were  Dillon,  atid  Maa- 

rr  :  yet  wriliuf^  to  Iheu)  in  pri- 

not  erimiual  tit  themseltis,  uor 

»IVetefid«r«  is  not  tmflMi. 

•met  th«  lurd  IVliirr  to  be  an  ik^etit 

D(i«r  P   He  4|tiittei)  the  Fretender'i 

r  ytmn  before  ;  and  from  the  tiaie 

bis  tervicM:,  till  after  ^he  date  of 

in »  bad  m  penaitm  from  his  ("'^^^'^ 

1  iMlieveihe  couoitilbr  tbe  Bill,  and 

1  wrill  h«  at  a  loM  to  tdl  by   what 

Ito  one,  wIn)  l^ath  qQiUeil  tlte  Pre 

» an  many  years,  and  w)h>  hath 

btoe  hf  a  pension  from  his  ma* 

I  in  infleiioe. 

it  be  proved  tliat  Jaclnou  is  the 
[  admil  wriiintf  to  hiin  m  Irtasoti: 
red(AK  it  uiU  he^tmd  ail  dispute) 
neither  ic  nor  cAit  lie  meant 
ami  thiit  my  Lord  Uishop  nei- 
»  could  i*n<e  or  d  it-tale  any  one  of 
then  the  wliide  charge  af^ainst 
ahop,  founded  upon  thoie  letters, 

J  i  won  hi  observe,  as  to  thoce 

Flhe  Repoit,  paj^e  42,  where  the 

ph'aved  to  obaerve,   that   thr 

f»flrt  of  it,  out  of  cy- 

vv  that  the  other  part 

if-tt  wa«  fpry  neres- 

>  pintcil  the  IrUerM  in  the 

in   which  Ihey   were 

D  aa  thry  are  deryphered  ; 

ka  nrrnTi-t!   ^rrmlil  luue  hud  an 

i»»  '  ihnt  way, 

cJ.    Thi* 

illiiiifl'j*  C;ise. 

Tia|i«r«^  in  the  Appendix,  ar» 

'  nid  then  aa  thi'y 

>'»  n«*c?eft^ry  ai 

nut*  Ml  <  vjjofr  lu  tilts  case:  Be- 

etrry  one  uoderHattda  French 

■  ,,  f.. .»  -    !jt^  whether  a  French 

1  ;    bnt  U  ift  impos 

.  ^.^ar4>i»t  ttbll  in  the  art 

dl,  u(»oii  a  sudden  »t  the 

be  rii^litly  decypbered: 

li«lk  in  iJur  Horld,  ii  to  de* 


pend  iif»on  the  skil)  and  inttgrity  of  the  de* 
cyphercra.  Nor  ara  they  itifAllible  ;  for  tH« 
Mritnesaes  who  decyphered  the  tetters,  admit, 
tlmt  there  are  sonie  words  in  thetn  which  thvf 
codld  not  decipher;  and  tho^e  wordii  may  ^ir^ 
a  ttitn  to  the  whole  sense  of  the  letters.  '  Kay, 
Air.  VVille«  said,  that  one  o(  the  numhert  he 
could  Qot  decynber  etciod  for  two  words  :  He 
was  likewise  pleased  to  ^ay,  it  was  imposaihle 
that  the  nnmher  he  could  not  decypher  coulil 
make  an  altenition  in  the  seme;  which  i»  very 
extrnordinary  for  a  man  lo  swear  :  Hut  if  one 
word  could  not  make  an  alteration  in  thesense, 
surety  two  migrht. 

Tile  writiog  these  \tliPT3  is  charjQ^d  upon 
Kelly  ;  which  cannot  alfect  my  Lard  BUhop« 
iinle^  they  were  dictated  hy  hnn^  or  written 
by  his  direotion,  or  priinty ;  ot*  which  there  it 
no  pretence  of  proof.  And  tberelbre  I  ah  all 
next  olfer  lo  your  lordabips  seme  obaervationt 
u|K»n  the  artfumeiitii  nod  circumalances  alledged 
to  support  thiji  charo'e. 

It  19  observed  in  tiie  Report,  that  the  per*oa 
who  wrote  these  tetters  speaks  of  hioiself  as 
being  in  ill  healthy  in  ^reat  paiu,  under  some 
sad  atid  melancholy  circunibtances,  which  he 
exnects  will  soon  blow  over ;  ami  from  thence 
it  m  inferred  it  must  ha  thr  BJihop.  heeauvebii 
wife  was  then  ill,  and  dieil  in  %ix  days  al\er ; 
and  that  he  htmseir  wait  tit  that  tune  atflicled 
With  the  ^out.  One  of  the  gentleroeo,  who 
was  couotiel  for  Ihe  liiti,  said,  ihe6e  weie  cir^ 
cumstnnoes,  that  diJ  nut  liappen  to  any  two 
men  in  the  world  nt  that  time-  And  give  me 
leave  to  instance  one  other  ctrcnmtiaQoe, 
which,  1  believt',  did  not  happen  to  any  one 
man  m  the  workl ;  which  is.  writing  a  letter  of 
potitica,  when  his  wife  lay  ti* dy in^. 

Why  these  circumstances  fimst  necessarily 
intend  the  Bishi»p«  more  that*  any  other  person 
that  was  sick,  mtd  undrr  nii^fbrtunes,  I  funnel 
Apprehend.  Thiit  ill  health  must  nreesftsrily 
imply  the  gout ;  and  that  it  mu^i  be  mtended, 
that  no  mun  had  the  ^oot  the  20ih  of  April, 
but  the  Bishop ;  that  melanthuly  circuiuiitanoea 
oecessarity  imply  a  man's  wife  beiai^  sick  or 
dyioc*  ;  and  that  no  man  had  a  wife  sick  or  dy' 
iof(,  bat  the  Bishoji  ^  is,  in  my  bumble  appre- 
hensiuti,  a  new  way  of  arguing. 

A  not  Iter  way  of  provin|f  these  letters  to  be 
wrote  by  the  Bii^hop,  ts  by  the  names  and 
t];;ures  ^ubscribeil.  For  one  letter  J«  ftubacribed, 
T.  Jones,  and  another  letter  is  sut»scribed,  T» 
llhngton :  And  the  Report  observes^  that 
wherever  Jones  and  lllin^^lon  are  named,  the 
Biifhop  is  to  be  under^tmul.  But  why  the 
BiKliop  is  to  be  underslooil  by  tho»e  names, 
'  uon  constat  :*  nor  is  there  any  pretence  of 
evidence.  And  if  we  sltew  (as  we  infallibly 
vhall)  I  hut  by  those  names  Ihe  Bishop  c<tuld  not 
be  meant,  and  thtit  he  eoulit  not  wnlt*^  or  die* 
til te  ihoite  letters;  tlien  ike  inferences  agoioal 
ttm  BUhop  from  tbooe  ftetlers,  and  from  the 
siibaequent  correspondeoee  under  those  oamOi, 
bocoine  of  no  forre  or  weight. 

A  third  letier  is  subscribed,  1376;  whicll 
tbt  decypb«tr«rs  aay  denotes  a  peraoQ  wboM 


I 


B07J 


1)  GEORGE  I.  Proceedings  agaLut  Bishop  AUerbury,         [GOB 


proper  name  begins  with  an  R.  Anil  the  Re- 
Dort  18  pleased  to  infer,  that  it  must  be  the 
bishop  of  Uochcster.  Now  why  1378  denotes 
a  person  whose  name  begins  with  an  R,  the  de- 
cyphera  only  know :  And  we  are  as  much  at  a 
loss  to  know,  why  by  a  name  beginning  with 
R,  must  be  intended  the  bishop  of  Rochester. 
If  that  number  appeared  to  denote  a  name  be- 

S inning  with  R,  and  if  no  name  began  with 
lat  letter  but  the  bishop  of  Rochester's :  there 
would  then,  I  confess,  be  some  weight  in  the 
obserration. 

That  Jones  and  Illington  are  not  the  same 
person,  appears  from  the  letter  of  the  10th  of 
May,  from  Hatfield  to  Howell ;  where,  within 
the  compass  of  two  lines,  they  are  distinguish- 
ed. For  in  one  line  be  saith,  Jones  promiseth 
to  be  a  good  customer ;  and  in  the  n«xt  line  but 
one  be  saith,  Illington  is  gone  in  the  country: 
which  plainly  shews  them  to  be  distinct  per- 
lons.  Besides,  in  the  papers  mentioned  con- 
cerning the  duke  of  Norfolk,  his  grace  is  se- 
veral times  denoted  by  the  name  uf  Jones:  In 
Layer's  4ist,  sir  William  Ellis  is  described  by 
that  name ;  and  in  Plimkett'^  list  Jones  stands 
for  the^Germans. 

The  evidence  to  prove  Jones  and  Illington  to 
denote  the  Bishop,  and  the  intimacy  between  the 
Bishop  and  Kelly,  is  the  present  of  a  dog  called 
Harlequin. 

The  evidence  stands  thus. — "  Rep.  40,  E. 
35,  Hatfiekl,  who  is  supposed  to  be  Kelly,  in  his 
letter  of  the  30th  of  April  to  Howel,  who  ia 
supposed  to  be  IHIkm's  secretary,  writes  thus. 
31rs.  Jones  died  last  week  ;  pray  present  my 
respects  to  BIr.  Musgrave  (meaning  Marr)  and 
let  him  know,  I  received  the  present  sent  by 
the  young  lady  ;  that  he  had  a  leg  broken  in 
tbe  journey  :  However,  I  will  take  all  the  care 
imaginable  of  him;  and  inform  Mr.  Jones  of 
it,  to  whom  I  know  any  thing  from  that  quarter 
will  be  very  acceptable." 

Hatfield,  in  his  letter  to  Musgrave  of  the  7th 
of  May,  1722,  says;  **  Mrs.  Illington  is  in 
greiit  tribnlation  for  poor  Harlequin :  however, 
his  obligations  to  the  lady  are  as  great,  us  if  he 
bad  come  safe." 

From  these  letters  it  is  inferred,  that  by  Jones 
and  Illington  the  ULshop  is  meant;  and  that  a 
younff  lady  sent  the  dog  to  Kelly  as  a  present 
tor  the  Bishop:  and  it  is  urged,  that  Mrs. 
Barnes  in  her  examination  of  the  2.'id  of  May, 
says.  The  dog  was  not  designed  for  her, 
but  for  the  bishop  of  Rocheirter :  that  Kelly 
told  her,  tlie  dog  was  for  the  Bishop  ;  and  that 
Kelly  promised  to  get  the  dog  for  her  from 
the  Bishop,  in  case  it  did  not  recover  its  lame- 
ness. 

It  is  admitte<l,  that  Mr.  Kelly  brought  such 
a  dog  from  France ;  that  Mrs.  Barnes  had  it ; 
and  that  its  leg  was  broken  :  but  that  it  was 
designed  for  tbe  Bishop,  or  that  the  Bishop  ever 
had,  or  saw  it,  there  is  no  prcteoco  of  proof; 
4ud  my  Lord  Bishop  utterly  denies  it ;  and  Mr. 
Kelly  bath  solemnly  denied  it  to  your  lord- 
ships :  and  instead  of  iXk  beings  a  |iresent  from 
a  young  lady  to  the  Bishop,  illr.  Kelly  says  he 


s.  isarnes. 

Phere  is  one  eipression  in  the  letter  of  tha 
1  of  May,  which  is  remarkable ;  and,  in  ny 
mble  opinion,  enervates  end  destroys  iwr 


bought  it  of  a  surgeon  at  Paiie,  togiveittt 
Mrs.  Barnes. 

There 
7th 

humble 

force  of  all  those  letters  relating  to  the  dqr 
for  it  was  written  four  or  five  days  mftcr  Iha 
Bishop's  lady  was  buried ;  and  it  saya,  «*  Kb. 
Illington  is  in  great  tribulation  for  poor  Harit- 
quin."    Mr.  Kelly  was  supposed  to  write  that 
letter,  and  was  supposed  to  be  a  friend  of  tha 
Bishop's ;  and  could  a  friend,  could  any  mai  tf 
common  sense,  be'guilty  of  such  a  foolish  aed 
ridiculous  expression  ?   Could  any  men  say  sf 
one  of  my  Lord  Bishop's  character,  who  w«e  ii 
the  utmost  affliction  tor  his  lady,  that  hem' 
in  great  tribulation  for  the  breaking  of  a  di^ 
leg?  It  is  evident,  he  who  wrote  that  letter, oi 
not  know  the  Bishop's  melancholy  circaM" 
stances :  it  is  likewise  well  known,  that  thi 
Bishop  never  loved  a  dog,  nor  ever  Ifad  one.    ; 

The  next  method  of  proving  letters  upon  the 
Bishop,  is  by  similitude  and  comparnea  af* 
hands :  not  by  comparing  any  paper  writtsa  by 
him  with  auy  other  writing ;  bat  by  pradocqg 
a  letter  supposed  to  be  written  by  Mr.  Kelly  il- 


August,  and  by  proving  that  the  three 
written  in  Apnl,  were  opened  and  copied,  aai 
sent  forward ;  and  that  those  letters  were  of  thi 
same  hand  with  that  produced. 

It  was  to  be  hoped,  that,  since  Mr.  Sidaq|k> 
case,*  the  evidence  by  similitude  of  hands  it' 
criminal  prosecutions  would  never  have  ben 
offered  :  be  was  convicted  upon  such  evidenetb 
and  for  that  reason  his  attainder  was  reversed 
in  paHiament.  And  therefore  I  humbly  bope 
your  lordships  will  not  in  your  legislative  a- 
pacity  admit  that  to  be  evidence  in  tiiis  csie, 
which  in  the  same  capacity  you  were  pleased 
to  condemn  in  Mr.  Sidney's. 

In  1695,  Crosby  was  indicted  for  writio^ 

!  treasonable  letters ;  and  the  evidence  was  si- 

'  militudeof  hands:    which  evidence  was  disil- 

lowed  by  the  chief  justice  Holt,  and  CnAj 

was  acquitted.f 

In  Francia's  case,{  my  lord  chief  baron  Baiy 
derlared  similitude  of  hands  to  be  no  evidence : 
and  if  it  was  not  admitted  in  those  cases,  wbcre 
'  papen;  wcit^  produced,  and  proved  to  be  of  their 
;  own  hand  writing,  and  the  papers  with  which- 
.  they  were  charged  were  produced,  and  coffl- 
!  pared  with  those  other  paj»crs;  \%e  firesam 
;  your  lordships  will  not  allow  it  in  this  csf^' 
•■  where  it  is  carried  farther  than  ever  it  was  it* 
'  tempted  before. 

The  proof,  as  to  this  point,  stands  thui^— ' 
Three  clerks  of  the  post-office  swear,  thst^bs 
20th  of  April,  1720,  these  three  letters  w«e 
,  opened ;  that  they  took  copies  of  tliem,  aid 
sealed  them  up  again,  and  sent  them  forward; 
that  four  months  after,  another  letter  cams  le 

*  See  his  Case,  vol.  9,  p.  817.  See,  too,  fit 
12,  p.  S05. 

t  See  two  Reports  of  his  Case  in  vd.  ISiF 
1S91. 

X  See  it  in  vol.  15,  p.  898. 


and  ciherSf/or  a  TreasonahU  Conspiracy.  A.  D.  172S. 


,  which  was  stopped :  that  is  pro- 
ud they  all  swear,  they  believe  the 
era  were  the  same  hand-writiogf  with 
produced.  Now  that  men,  who  never 
d  but  ODce,  aod  throngh  \«  hose  hands 
ettera  pais  in  a  month,  should  be  able 
that  three  letters,  which  were  sent  in 
20,  were  of  the  same  hand-writing 
i£r  which  was  stopped  four  montbi 
range  and  incredible. 
•are  farther  to  obser? e,  that  the  clerks 
l-office  own  they  did  not  compare  the 
the  three  letters  with  the  orifrinals. 
ever  a  copy  allowed  to  be  read  unless 

I  who  produced  it  swore  that  he  com- 
iritb  the  original,  and  that  it  was  a 

markable,  that  Clark,  one  of  the  nost- 
d.  It  was  impossible  to  write  w  hand 
loy  resemblance  to  those  letters ;  but 
kid,  the  figures  bore  a  similitude  to  the 
LJni^:  so  that  one  band  cannot  be  like 
but  figures   may  be  like  a  hand- 

10  observable,  that  the  letter  produced 
to  be  Kelly's  hand- writing  only  by 
the  messenger ;  ^^  lio  says  he  had 
s  custody  a  week,  and  saw  him  write 
etters;  aod  by  Malono,  who  proves 
f%  hand  by  a  superscription  in  French, 
WHS  he  cannot  read  French :  whereas, 
|irove  by  three  positive  witnesses,  that 
Dt  his  hand.  Besiides,  they  might 
loced  the  letter  which  he  wrote  to  my 
Dsbend,  which  is  admitted  to  be  his 

dl  likewise  prove  by  several  witnesses, 
•  time  when  the  three  lettors  are  said 
tten,  the  Hisho]>  was  at  Bromley,  and 
rith  the  gout,  that  be  could  not  stir 
lOt;  that  his  lady  was  dying ;  that  no 
raa  admittefl  to  him,  but  two  or  three 
,  and  that  Mr.  Kelly  was  not  at  Brom- 
nt  time,  nor  for  three  or  four  months 
'  after.  And  therefore  it  is  imp(»s8ible 
teta  ahould  be  written,  or  dictated,  by 
»p. 

ndence  of  Wood  the  coachman,  con- 
B.  For  he  swore,  that  he  never  saw 
y^till  he  was  carried  to  see  him  in  the 
and  tliht  Kelly  was  not  at  Brnniley  ; 
Iraogerwas  at  Brumley  from  the  12th 
till  the  26th,  when  the  Bishop's  lady 
d  that  he  must  have  kuoun  it  if  there 
it  the  Bishop  never  sent  the  conch  for 
'  any  other  poi-son  in  Btiv -street,  or 
>  Dear  Pall  Mall.  S»  that  by  this,  the 
aimaof  Etizalieth  Levclt  and  Ncynoc 
deatroyed. 

bobjccteil,  tliat  a  nun  mii;}>t  put  his 
nino,  and  come  to  hco  thr  Bishop, 
id  not  know  it.  Can  it  be  i manned 
|y«  who  is  aupposcd  to  be  so  |)articular 
If  fkm  Bishop's,  would  leave  his  horse 

I I  Bat  we  shall  examine  other  wit- 


tbatOBthe  lOtb  of  June  the 


[510 

bells  rang,  and  the  servants  had  roses.  But  it 
appears  moat  of  them  were  red  roses :  and  if  it 
should  be  criminal  to  ring  the  bells  on  the  lotb 
of  June,  we  shall  shew  that  the  Bishop  knew 
nothing  of  the  ringing  of  the  beUs,  or  of  the 
roses. 

In  the  Report,  page  50,  the  committee  of  the 
Commons  are  pleaMd  to  take  notice ;  '*  That 
on  the  11th  of  June,  Kelly  sends  his  Iriends  at 
Paris  an  account  of  his  late  misfortunes;  and 
af\er  complaining  of  the  neglect  in  not  bailing 
him  out  sooner,  says.  Your  old  friend  Rig,  in- 
deed, offered  all  that  could  be  expected  frona 
the  poor  man ,"  and  infer,  *«  That  by  Rig  ia 
meant  the  bishop  of  Rochester." 

Can  it  lie  imagined,  that  Kelly  would  call  the 
Bishop,  Gerrard's  old  friend ;  who,  it  is  not 
pretended,  ever  knew  him  or  saw  him  ?  And  if 
( poor  man'  be  taken  by  wav  of  contempt;  can 
it  be  imagined  that  Mr.  Kelly,  a  gentleman  of 
that  good  sense  and  breedinc^,  would  use  such 
an  expression  of  my  Loi-d  Bishop  ?  If  these 
words  are  taken  in  the  literal  sense,  it  is  as  im- 
probable ;  for  the  Bishop  was  not  taken  for  a 
poor  man:  besides,  how  could  he  \i\ko  had 
200,000/.  contribution  munev,  and  had  the  com- 
mand of  the  military  chest,  be  said  to  be  poor  f 
And  I  dare  say  there  is  nobodv  but  beueves, 
that  if  my  Lord  Bishop  would  nave  intermedr 
died  on  Mr.  Kelly's  behalf,  he  had  interest 
enough  to  procure  whatever  bail  Kelly  wanted : 
and  tuerefore  I  apprehend;  that  Rig  cannot  be 
intended  to  be  the  Bishop. 

Indeed,  no  credit  can  be  given  to  cant  names ; 
for  the  same  names  are  uwd  for  several  per- 
sons :  as  Laws  in  Plunkett's  cypher  stands  for 
Marr;  and  in  tlie  cypher  found  on  Dennis 
Kelly,  it  signifies  Mr.  Caesar.  IJawksby  in 
Plunkett*8  cypher,  stands  for  king  George :  and 
in  the  Report  C2,  there  are  compliments  from 
the  Pretender  and  his  spouse  to  Hawksbv  ; 
which,  I  presume,  they  did  not  mean  for  liLi 
majesty.  Jones  is  used  many  times  for  the 
duke  of  Norfolk  ;  it  is  used  fur  sir  William  £1- 
lis  ;  and  it  is  also  used  for  the  Germans ;  as  I 
before  observed. 

That  Jackson  cannot  mean  the  Pretender,  ia 
plain.  A  pp.  C  30.  A  postscript  in  the  letter 
from  Quitwell  to  Vernon,  says,  **  Mr.  Chivers 
aflvises,  that  the  money  you  mention  in  Clin- 
ton's hands,  nhould  be  equally  divided  between 
Medley  (Mvaniug  the  late  duke  of  Orinond,) 
and  Jackson  (meaning  the  Pretender)."  Now 
•|vould  any  one  devoted  to  the  Pretender's  inte- 
rest, put  Onnftnd  before  the  Pretender  ?  Jackf 
son  is  put  for  the  Pretender  only  in  Pluukeit's 
list ;  and  yet  it  is  observable,  that  Piunkett  iu 
all  his  corresjiondence  never  calls  him  JacUson, 
but  Joseph  or  Jephson  :  and  in  the  voluminous 
correspondence  charged  on  Kelly  he  is  nnt  once 
called  Jackson  ;  but  the  usual  names  are  Jeph- 
son and  Joseph. 

As  for  the  li'tter  to  Dubois,  it  seemed  at  first 
to  be  a  letter  written  from  France  to  the  Bishop 
by  the  name  of  Dubois ;  and  after  a  month's 
time  they  find  it  to  be  a  letter  written  by  the 
Bishop.    If  so ;  writing  a  letter,  and  not  send*- 


511]  9  GEORGE  I.  ProceeMngi  Mgaimt  Bithp  AHerlmry,         [51i 

letter  uid  to  be  writtea  Ibe  90th  of  April  t 
Mui^re.  Ad4  as  we  hare  eheipedytfast  i 
was  impossible  the  Bish(»p  sboaM  write  or  die 


f  ng,  can  be  no  offence.  Bat  how  oomes  the 
Bishop  to  keep  that  letter  sealed,  which  he  had 
wriupn  aeren  months  before?  The  writer  of 
that  letter  owns,  he  had  reoeired  one  from  Da- 
bois  two  months  before,  bj  Mr.  Johnson; 
which  was  the  name  Kelly  went  by :  anfl  it  is 
rery  strannre,  that  the  Bishop  should  be  so 
weak,  as  to  mention  the  name  of  the  very  per- 
son, who,  it  is  said,  used  to  write  his  letters, 
and  by  whom  he  was  BUpiKMceit  to  carry  on  his 
correspondence.  If  it  be  presumed  that  he 
wrote  this  lett*^ ;  it  must  also  be  presnmed,  he 
was  out  of  his  senses  when  he  did  it. 

That  letter  was  not  signed,  and  was  dated 
the  16th  December,  but  no  year ;  though  they 
bare  put  the  year  17 SI  to  it.  For  a  month  to- 
gother  they  never  thought  the  letter  to  Dubois 
to  be  the  Bishop's  hand ;  though  thej^  had  se- 
veral of  his  letters.  As  to  the  observation  made 
by  one  of  the  gentlemen,  that  the  letter  to  Du- 
bois was  sealed  by  a  particular  seal,  and  not  the 
•eal  with  which  he  sealed  such  letters,  as  he 
intended  all  the  world  should  see;  thatc^ntle- 
■lan  would  do  well  to  let  us  know,  what  letters 
were  written  by  the  Bishop,  which  he  intended 
all  the  world  should  see. 

That  so  many  letters  were  written  before 
1719,  and  so  few  since,  was  occasioned  by  his 
lordship's  great  correspondence  about  matters 
of  learning  at  that  time,  and  his  being  from 
that  time  often  afflicted  with  the  gout,  so  that 
he  could  not  write  many  letters,  and  conse* 
quently  received  but  few.  Besides,  he  was 
made  Bishopin  1713,  and  dean  of  Westminster; 
so  had  not  Ume  to  write  mnch  himself,  but  kept 
a  secretary. 

As  the  matters  before  mentionetl  to  bechargf- 
cd  against  my  Lord  Bishop,  arose  from  letters 
Bap[rased  to  l>e  written  by  liim  ;  1  shall  next 
consider  the  charge  against  him,  which  arises 
from  letters  supposed  to  be  written  to  him. 

There  are  two  letters  mentioned  in  the  Re- 

Srtas  written  to  him;  one  of  the  nth  by 
otHeld,  interpretetl  to  be  k)nl  Marr,  wrote  to 
Illington ;  the  other  of  the  35th  of  July  from 
Disby,  interpreted  Dillon,  to  Mrs.  Weston. 

Now  I  would  observe,  that  it  is  not  pretend- 
ed, that  either  of  those  letters  was  ever  receiv- 
ed by  the  Bishop  ;  so  consequently  must  be  in- 
tercepted :  therefore  it  would  have  been  proper 
to  have  produced  the  letters,  and  to  have  proved 
the  hands. 

As  to  the  letter  frotn  Molfield,  it  is  only  a 
compliment  of  condolence* :  and  it  is  inferred 
that  it  must  be  the  Bishop,  because  his  lady 
died  a  little  before.  The  letter  sap,  <'  We 
must  submit  with  reMiru.ition  to  what  the  just 
and  great  God  thinks  Ht  to  order ;  bot  you 
know  such  things  so  nnich  better  than  1  do, 
that  1  will  not  trouble  you  with  sayinir  any 
more  upon  it."  From  these  last  words  ii  is  in- 
ferred, that  this  letter  ivas  written  to  a  clergy- 
man, and  consequently  tho  Bishop. 

What  weight  thiii  way  of  reasoniur?  will  have 
with  your  lordships  in  criraiual  proKecutiims,  is 
humbly  sobmitted ;  but  it  must  be  observed, 
ihatthulettwieMml  t0  be  an  anini-er.to  cbi 


tate  either  of  the  letters  of  the  90th  of  April 
the  answer  must  fall  with  the  letter.     Bot  frso 


hence  the  observation  is  natural,  and  i 
My  true ;  that  if  Jones,  who  wrote  the  letkr  M 
Musgrave  of  the  80th  of  April,  could  not  be  Ibe 
Bishop ;  and  I  ilingtun,  to  whom  MotfieM  i 
be  the  same  as  Jones ;  theo  neither  Jood 
Illington  can  denote  the  Bishop. 

As  to  the  letter  from  Digby  to  Mrs.  We 
who  is  interpreted  the  Bishop ;  it 
tlie  S6th  of  July,  N.  H.  wherein  Digby  Mfi^ 
'*  f  cannot  oo  any  reasonable  groooda  •§■• 
plain  of  yonr  silence,  because  1  am  iafwid 
of  the  situation  of  your  health,  and  tbooMMl 
your  fiimHy  are  m,  by  bankropto  Mid  loh 
suits." 

It  must  be  observed,  that  on  the  7th  of  Jd^» 
O.  8.  G.  W.  in  his  letter  to  Dtgby  snyS|  ■•I 
saw  Mrs.  Weston  yesterday ;  slio 
better  in  her  life  than  now."     It  Is  i 


that  Digbv  the  week  fblbwing  shooM  take 
tice  of  the*ill  situation  of  Mrs.  Weston's ' 


It  is  plain  both  these  letters  cant  be  gmriwb 
and  therefore  no  credit  can  bo  given  to  ndlt 


correspondence. 

One  way  of  fixing  the  intercepted  ann- 
pondence,  and  the  cant  names  mentiooed  Ao^ 
m,  upon  the  Bishop,  is,  by  the  cotncidenei  ■ 
times,  and  other  circnmstances ;  as  of  bif  hi^ 
ship  being  in  town,  and  out  of  town :  and  tbot 
are  several  mistakes  in  them.  For  in  HrtiMlii 
letter  to  Musgrave  of  the  7th  of  May,  bo  M 
Mr.  Jones  is  come  to  town  only  for  a  day :  ■ 
that  be  to  be  understood  of  the  Bishop,  it  v  a^ 
tnie ;  for  he  came  to  town  the  5th  of  May,ai 
did  not  go  out  of  town  till  the  10th. 

In  the  letter  from  I.  H.  to  DixweU,  of  tiN 
18th  of  June,  it  b  said,  «  Mr.  H .  Iii«  and  Ri^ 
are  I  hear  in  the  country.*'    And  it  is  said,  vf 
Rig  is  meant  the  Bishop :  which  cannot  b^fiv 
the  Bishop  was  then  in  town.    So  in  a  lelierii 
Maisonneuve  of  the  lOth  of  July,  it  u  sA 
**  Rig  is  in  the  country."    Whereas  the  BidNf 
was  then  in  town.    This  is  the  more  obscn**  - 
hie ;  because  the  Report,  taking  notice  <^  1^  - 
Bishop's  being  ill  of  the  gout,  says,  (png«4l9^ 
*<  This  particubrity,   as   also  several  otha^ 
which  will  be  taken  notice  of  as  to  the  Bbbsfjj 
being  in  town,  or  in  the  country,  at  the  mf^'f 
tive  times  mentioned  in  the  intercepted  leticf%f 
have  been  carefully  enquired  into."    AvAj^J, 
the  next  paragraph',  tlie  Report,  taking  asdi*^ 
of  the  letter  to  Musgrave  of  the  7th  of  tf^ii 
wbich  says  Mrs.  Jones  is  come  to  town,  ntpSi 
•*  This  agrees  with  the  enquiry."    Aad  y*'*'^ 
will  plainly  appear,  that  tliere  are  such  lii^ 
takes,  as  to  those  times,  as  I  have  before  M* 
tioned. 

I  hope  I  may  have  leave  to  observe,  M  ^ 
these  mistakes  escaped  the  observation  of  ^| 
honourable  committee  of  the  Honse  of  T 
mont ;  and  that  though  the  letter  of  tbe  7*^ 
May,  in  the  Appendix,  aays,  *'  Mrs.  Jeotf ' 
OHM  In  Iowa  only  for  a  ihy,"  yd  *-  -^ 


A^pon,  lh«  wordd    *'  only  for  a  day/*  i 
iiHout. 


A.D. 


All  ihw  eiretimsUiices  before  mentioR^  are 
MBi#  ttte  af  to  fix  the  namies  of  Jones  and  It- 
ftlflutt  iifKiR  my  Lord  Bishop ;  and  therefore 
Ibt  next  paragraph  but  one  in  the  Keport  is 
fiery  obserfaHk;  wliicb  is  this: 

'*  Thwe  several  circumstaticen,  joined  to 
Heyfioe^a  deelaratioA,  that  Kelly  had  totd  him 
1^  BiilKot}  went  sorneltmei  by  the  najne  of 
,  anil  that  Carte  had  told  him,  the  Bishop 
liy  Ihtf  name  of  lliingtOD^  shew,  that 
Br  Jones  and  lUiogtoij  are  Darned  in 
JLrfly^*  c^respotidence»  the  bishop  of  Roches* 
^rk  Uf  be  attdersiood  by  those  nanjes.'* 

'^'  that  the  whole  proof  of  the  correspon- 
i  ebarged  to  be  earned  on  by  my  Lord 
)  tittder  the  names  of  Jones  and  ItUngton, 
'Ived  into  this ;  that  Neynoe  declared  that 
elly  and  Carte  toJd  bim  the  Bishop  went  by 
*  names, 
I  beseech  your  lordships,  is  this  proof?   Is 
I  evidetice  siifficient  to  deprive  a  reverend 
iile  of  all  his  ecclesiastical   preferments? 
to  aend  him  into  perpetual  banishment? 
!  lives  and  liberties  of  Englishmen  stand 
I  to  weak  a  foundation  ?  If  ihey  do,  I  pre* 
'  to  say  Ihey  are  very  precarious,  and  the 
1  innoeent  man  alive  cannot  aay  he  is  sale. 
I  beg  your  lordships^  indulgence  lo  observe 
that  this  heayy  citarge  against  my 
ilishop  is  sup^voried  only  by  innuendos  : 
with  what  an  eye  innuenifos  have  been 
llwayi  looked  upon  in  crimiual  cases,  many 
Ikstaoces  may  be  given. 

1  fkall  ti oubJe  your  lordships  but  with  one  | 
lubich  is  full  lo  this  purpose,  and  of  the  great- 
Ifit  Sdthoniy  :  1  mean  the  resolution  ot  your 
[lordship?!  in  the  case  of  sir  Samuel  Barnar- 
i^jstOQ  ID  ]633,  He  wfka  prosecuted  for  writing 
iNten,  alleged  to  be  seditious  and  higlily  re> 
lAectiiig  on  the  government,  and  the  piibtio 
Ijtutice  ut^  the  nation  ;  and  was  found  guilty , 
}aad  fineil  10,000/.  He  brought  a  Writ  of 
'  ID  this  most  honourable  House,  and  yonr 
kfhips  were  pleasetl  to  reverse  thut  jiidg- 
Imvii ;  for  that  the  information  being  grounded 
\j^  letier«i  which  in  themselves  were  not  cri- 
d,  btit  made  so  by  innuendos,  your  lord- 
ire  pleased  to  declare,  that  innuendos 
!tl  constructions  ought  not  to  be  al- 
all  accusations  should  be  pluiui  and 
rimes  a«certained. 

f  if  it  can  be  supposed,  without  any  evt- 

thit  my  Lr>rd  Bishop  wrote  the  fetlers 

fed  to  be  written  by  hiiu ;  even  then  this 

is  the  sam^  with  sir  Samuel  Bamardis- 

Itoo^s.*     For   the  letters  are  not  criminal  in 

L4eii»selves  ^  uor  can  be  made  so  but  by  innu- 

f  and  strained,  tbrced  constructions.  Nay, 

'  to  say^  there  is  not  one  part  of  the 

^rge  but  subniMs  purely  by  inituecidoi,  and 

•rtinetl  cmi^iructions. 

'-  your  lordships  with  instancing 
(1v  ;   which  is  ihut  nf  the  20lh  of 


5ke  iUis  Cafe,  toI.  9,  p.  1353. 


April,  written  to  Mr.  Jackton,  and  subsLribed 
137B.  With  the  innuendos  it  is  thus,  137fi^ 
innuendo  a  persoti  whose  proper  name  In^ginft 
with  an  R,  innuendo  the  btsliop  nf  Uoche^tpr, 
did  write  to  Mr.  Jackson,  innuendo  the  Pre-* 
lender  ;  that,  notwithstanding  tlii!*  op|Hjf  tunity, 
innnetvdo  an  opjwrtunity  of  raising  a  rtbellion 
in  England  at  the  time  of  elections  of  mem< 
bers  of  pailiament,  had  elapsed  ;  I,  innurndo 
the  Bishop,  agree  with  you,  innuendo  the  f'^e- 
teoder,  thai  another^  hiouendo  another  oppor- 
tunity of  raisiiig  a  rebellion  in  Englnnil^  may 
offer  before  the  end  of  the  year,  innuemlo  at 
tbe  breaking  up  of  the  camp.  Your  Sordshlpi 
will  please  to  observe  what  a  Auperfet«tioti  of 
innuendos  (\f  1  may  so  say)  (here  must  be  to 
sapport  this  charge;  and  without  innuendos 
no  part  of  ihe  ehai  ge  against  the  Bishnji  can 
be  maintained :  and  therefore  I  humbly  Itope 
that  the  sume  reasons  which  induced  your 
lordships  to  reverse  the  judgmpnt  against  air 
Samuel  Barnard inton,  will  prevail  upon  you  to 
reject  this  BilL 

To  wh:it  I  have  objected,  1  imagirte  It  will 
be  answered,  that  your  lordships  are  now  acting 
in  yonr  legislative  capacity  ;  and  that  in  your 
Icgislalive  capacity  you  are  not  bound  by  the 
forma  of  law:  but'  I  humbly  submit  it,  v»he» 
ther  you  will  not  think  fit  to  proceed  acf*ot'ding 
to  the  rules  of  law,  though  not  according  10 
the  fornnsof  it. 

Men*s  lives  and  properties  are  to  be  tried 
and  determined  *  secundum  allegata  et  pro* 
bata;*  and  the  proof  iu  such  cases  must  l)e 
legal  proof.  And  I  apprehend  with  great 
deierence,  that  when  your  lordsliips  proceed 
in  your  legislative  capacity  in  other  inslances^ 
you  proceed  according  to  llie  rules  of  law  :  as 
in  bills  for  enabling  persons  to  sell,  or  settle 
estates;  or  for  making  rivet's  navigable.  H* 
the  title  or  property  of  any  person  ct»me  in 
question,  your  lordships  are  pleased  lo  hold 
thejparties  to  strict,  kgul  proof:  and  why  not 
in  bills  of  alt^ndc-r?  Are  bills  of  attainder 
(i^hereby  men*s  lives  are  forfeited,  their  estates 
confiscatetl,  iheir  blood  corruptetl^  and  their 
famities  undone)  of  less  moment  than  bills  to 
enable  persons  lo  settle  their  estates  for  the 
benefit  of  their  families  ?  I  humbly  apprehend 
that  your  legislative  and  judicial  capacities  are 
here  so  united,  thai  they  cannot  be  separated, 
Tor  a  bill  of  attainder  is  a  coiidemtiation  by 
par1i:iment ;  and  your  lordships  always  hear 
and  judge  whether  a  party  be  guilty,  befoi-e 
yon  condemn  him.  Will  you  then  be  pleased 
to  jwdge,  and  deiemune  uiwn  less  proof  in  one 
case  tnun  in  another  f  Can  it  be  conceived 
that  your  lordships  will  not  act  by  the  same 
rule  in  both  your  eapacities  ?  or  thnt  you  will 
not  have  an  equal  tenderness  and  regard  fur 
the  lives,  liberties,  «nd  estates  of  ihe  subject  in 
one  capacity,  as  in  tbe  other  ? 

When  a  man  flies  from  jttsti<?e,  he  gite* 
judgment  against  himself;  and  v^henap^rSou 
Accused  doth  by  corrupt  or  indirect  means 
conceal  or  convey  away  the  witnesses  atgaiuv^t 
him,  then  he  is  the  ca\iit,Vi\i'5  ^VtvtV«!!\^\K^\ 


n 

4 


515] 


9  GEORGE  I.  Proceedings  againsi  Bishop  Aiierhwy^  [51 


proof  oannot  be  had :  and  that  mav  be  a  ; 
reason  i%bj^  less  proof  hbould  be  admitted,  i 
But  in  cases  not  attended  irith  either  of  these 
circnmstanoes,  to  say  that  less  than  leg^l  proof 
is  sufficient  for  a  bill  of  attainder,  is  to  affirm 
that  pri?ate  opinion  alone,  without  proof,  is 
a  sufficient  foundation  to  pass  a  bill  of  at- 
tainder. And  how  harshly  that  would  sound 
in  the  ears  of  Englishmen,  is  bumUy  sub- 
mitted to  your  lordships. 

'  My  lords,  W  our  law  a  judge  cannot  go 
according  to  bis  own  private  opinion  ;  but 
most  be  governed  by  the  evidence  given  before 
him  in  court.  For  the  rule  is,  "  Nil  refert, 
<|uod  notum  sit  judici ;  si  non  notum  sit  in 
iorma  judicii."  And  if  men's  rights  and  liber- 
ties were  to  be  determined  by  pnvate  opinion ; 
how  precarious  would  the  lives  and  estates  of 
Englishmen  be  ?  The  most  innocent  man  could 
not  oe  safe ;  the  wisest  man  could  not  foresee, 
where  it  would  end ;  and  England  must  no 
longer  boast  of  the  excellency  of  her  consti- 
tution. 

It  is  a  rule,  both  in  law  and  reason,  that 
**  Nemo  bis  puniri  deliet  pro  eodem  delicto  :" 
and  yet  that  may  happen  to  be  the  Bishop's 
case.  For  the  charge  in  the  Bill  is  general ; 
intending  to  raise  a  rebellion,  and  holdm^  trea- 
sonable correspondence  in  order  to  bnng  in 
lureign  forces :  but  there  is  no  particular  fact 
cliar^red  upon  him.  Now  if  he  should  be  in- 
dictrd  for  either  of  those  species  of  treason  ; 
and  particular  overt-acts  of  such  treason  should 
be  alleged,  as  buying  arms,  and  listing  men 
for  the  Pretender,  and  the  overt-acts  should  be 
proved  by  two  witnesses;  lie  might  be  con- 
demned and  executed  for  it.  For  he  could  not 
pltfad  this  Bill  in  bar  to  such  indictment ;  he- 
cause  the  indictment  would  not  he  for  the  same 
tacts,  there  being  no  particular  ones  charged 
in  the  Bill.  And  yet  it  may  happen  (as  f  said^ 
that  my  I^rd  Bishop  may  be  iadicteil  and  tried 
ibr  the  treason  mentioned  in  this  Bill :  as  in 
the  case  of  Hampden*  and  Fitz-Harris,f 
which  1  lately  mentioned.  For  Mr.  Hamp- 
den was  tried  for  meeting  and  consulting  to 
raise  a  rebeilion,  was  fined  40,000/.  and  was 
afterwards  tried  for  high-treason  for  the  same 
fact:  and  though  he  insisted  on  his  having 
been  tried  fur  the  same  fact,  and  desired  to 
plead  it ;  yet  the  Court  would  not  allow  it. 
And  in  Fits- Harris's  case,  he  was  indicted  for 
high -treason,  and  pleadetl  an  impeachment 
and  averred,  it  was  for  the  same  fact. 


patience  in  hearing  me :  and  if,  at  a  lawjei 
through  my  zeal  for  my  client's  service ;  oi 
as  an  Englishman,  asserting  those  laws  whid 
I  apprehend  are  the  security  of  British  libei 
ties,  1  have  let  drop  any  expression  which  Bia; 
be  thought  improper,  1  most  humbly  beg  yos 
lordships'  paroon.  And  if  there  be  a  dififereiK 
between  your  legislative  and  judicial  capacity 
1  submit  it,  whether  your  lordships  willb 
pleased  to  give  that  iudgment  in  your  learn 
lative  capacity,  which  the  counsel  for  the  Bil 
do,  in  my  apprehension,  admit  you  coald  do 
give  in  your  judicial.  And  therefore,  1  bop 
your  lordships  will  be  pleased  to  reject  this  Bi 

Mr.  Wynne  (his  lordship's  oUier  connsd 
spake  next.*    May  it  please  your  lordships ;  J 

*  Lord  Orford,  in  a  Note  to  the  anecdoli 
which  he  relates  concerning  the  dukeof  Wfaar< 
ton's  Speech,  on  the  question  for  passing  tb< 
Bill  against  Atterbury,  (see  it,  post,),  sayi 
'*  Serjeant  Wynne  served  the  Bishop  in  miMBt 
the  same  manner:  being  his  counsel,  he  de- 
sired to  see  the  Bishop's  Speech ;  and  tkei 
siM)ke  the  substance  of  it  bim8elf."--Some  Ob- 
servations on  tlie  Catalogue  of  Royal  aod 
Noble  Authors,  &c. 

This  charge  gave  rise  to  a  Vindication  d 
segeaut  Wynne  by  his  son ;  who  permitted 
them  (as  he  expresses  himself)  to  be  printed  ia 
a  |)eriodicaI  examination  of  books  and  paniph- 
lets  (see  Crit.  Rev.  vol.  7,  p.  453),  and  after- 
wards inserte<l  them  in  **  A  Miscellany  con- 
taining several  Law  Tracts ;"  which,  in  1765, 
he  caused  to  l>e  printe<l  for  private  graiuitooi 
circulation.  Of  this  Vindication  the  phraseo- 
logy is  stiff,  perplexed,  and  ungrammatical :  the 
matter  consists  partly  of  arguments,  obrioui 
and  for  the  most  part  weak,  and  partly  of  al- 
legations. The  following  are  the  most  weighty 
paragraphs  of  the  performance : 

"  Since  the  sight  of  the  book,  I  have  heard 
Mr.  Wynne  often  declare  (and  I  dare  savfnxn 
his  known  probity  and  veracitv  he  would  roikf 
oath,  if  the  occasion  required  U),  that  he  never 
did  see  or  desired  to  see  his  lordship's  Speech ; 
nor  ever  read  one  line  of  it  himself,  nor  ercf 
heard  one  line  of  it  reail  by  any  other  penofl 
before  it  was  spoke  in  the  House  of  Lordi. 
Nor  has  he  to  this  day  ever  seen  or  read  oac 


line  of  it,  though  there  is  reason  to  believe  hit 

,  .. _. But  '  lordship's  ^Speech  is  still  in  being,  with  an  is* 

the  plea  was  over-ruled :  ibr  there  being  no    troductory  account  of  the  true  grounds  aaj 

particuUr  article,  the  averment  could  not  be    motives  of  his  prosecutitin,  and  if  they  oooW 

'      '  '  be  compared  would  be  found  as  different  •> 

conid  l»c  upon  the  same  subject. 

**  As  lor  his  lords>hi|)*s  Speech  so  called, 
printed  by  A.  Moore,  at  that  time,  it  is  a  spl- 


supported;   because  he  could  not  aver  any 
thmg  that  was  out  of  record. 

I  humbly  hope  your  lordships  will  excuse 
me  for  taking  up  so  much  of  your  time.    But    .  ^ 

the  multifariousness  of  the  matters  of  which  '  rious  incorrect  romposition,  and  does  not 


tain  above  halt'  in  quantity,  and  besntes 
subject,  drew  me  into  it.     1  humSiy  thank  |  nonsensical  and  unintelli^rible  puragraphs,  hii 
'  "       '  '    hardly  one  true  and  ctu  rect  passage  throsfb* 


the  accusation  consists,  and  the  weight  of  the 
subject,  drew  me  into  it.  1  humbly  thank 
your  lordships  for  your  great  indulgence  and 


^  See  it,  vol.  11,  p.  479. 
t  See  it»  vol.  8,  p.  925. 


out.  But  if  evtn  that  were  to  bt>  compared,  li 
other  likeneKs  would  be  found  than  what  wit 
ectsarily  arises  from  a  relmnoe  to  tht  ii«^ 


mid  otherffjbr  a  TreasonahU  Conspiracy*  A«  D.  17^.  [518 

0lMiiiM!l  for  Ihis  reverend  prelale :  and    of  it  were  tm*,  and  duty  pro?ed,  yet  that  there 
fr«r  utiiteeefS4iry  I  know  ajiologies  lt>  be    \n  nu  such  necessitY. 

"In  order  to  dincovt^r  whHh^r  there  he  any 

a 


ytmr  Inrdship^!,  ivh*>  an*  alwayii  ready 
|imr   wh«t  the  youiii^c^st   dtid   moist  uoex 


such  necessity  or  not,  1  ih*iil  coniiider  ihetMirl 


perwmi  has  tu  offer;  yet  it  liecoraei    propos<?d  by  thist  Bdt«   and    then   i^ei^h  ih« 

«af  ac^nvettjin^  for  my  6rst  appearance    m^";! us  whereby  it  ij9  hopetl  lo  avtam  tliat  eml  ; 

:  Kii.«.»  Ka»    ;»  «.».i4oi.A*  «La  u..*    and  whether  this  Bill  he  a  means  neoeaairy  or 

convenient  to  attain  it. 

The  end,  I  hope,  is  the  security  of  the  f o* 
vernmentf  and  ilie  e\rcution  nijn^ice,  iirif)  it 
ought  (o  ha  pursued  by  all  re^j^ular  and  taU'tut 
means  J  and  therefore,  btrtbre  1  8|»eftk  particu- 
larly lo  the  crimes  supposed  in  iliis  Bill,  or  tl)«i 
proofs  which  have  been  offered  !o  uiake  Ihena 
out,  I  shall  beg  leave  to  gay  something  as  t<» 
the  manner  and  method  of  thiii  proceed intf. 
Not  that  I  shun  presume  to  <(ueBtion  your  lord- 
8hi]>s'  power  in  Kuch  closes ;  but,  as  on  the  miw 
hand  we  most  admit  your  lordships  may,  ami 
have  10  some  oase»*  exerted  your  legislative  ca** 
pacity,  iu  declaring  tliut  a  crime  which  was  not 
so  before,  or  by  inflicting  particular  or  extmor*,  | 
(Unary  punii^hmeot  ou  common  and  ordinarv 
crimes ;  yet,  on  the  other  hand,  till  that  is 
done,  i  hope  I  am  at  lilierty  Ireely  to  represent 
tlie  incouveniency,  the  injustice,  and  the  im* 
prudence  of  making  such  a  declaration,  or  of 


hips'  bar,  in  a  matter  ot  the  laa 
;  and  it  was  the  detiire  of  lliis 
fin  prelate,  rather  to  make  his  defence 
[|  weak  liandi»  as  mine,  as  if  he  was 
Uial  his  CHuse  needed  not  tlie  as* 
tuf  ftrt  or  experience,  in  oidev  to  move 
*t0tia,  or  to  impose  upon  the  reason  of 
m  ;  which  he  knows  to  be  but  an  im- 
it  help  to  persuasion,  in  comparison  of 
•nit  iiiuoccncy.  Ue  apfiears  before  those, 
(he  hopes)  will  regard  plain  facts  and  po- 
f  Uw  ;  II ud  truth,  notwithstanding  all  the 
I antai^'es  of  an  uu^kilful  pleader,  will, 
at  last  prevail, 
my  own  nart,  sinco  your  lordships  hare 
"  tn^  lor  his  counsel,  1  shall  be  under  no 
II*  ot  dane^er  or  displeasure  in  per* 
If  my  duty  to  him,  iu  humbly  offerint,' 
Ibioff  I  thmk  necessary  for  his  just  de- 
if;  aitfS  I  will  not  doubt,  but  1  shall  be 
favournhly  heard*  And  though  it  »s 
l«rdal)ip*a  misloriMne  to  be  already  |kre- 
*  ia  mnnther  place>  and  to  be  condemned 
joul  doors,  by  some  few  vulgar,  misled  ap- 
>-*"(  he  hopes  better  things  of  you« 
M'  do^  not  douhr,  but  that  your 
ii|^^  who  in  matters  of  less  im  porta  nee 
whh  calmness,  justice  and  prudence, 
I  not  to  deviate  from  those  mea- 
itl«r  which  demands  the  greatest 
an  and  dehlieration  :  for  it  is  the  case,  the 
[On,  the  lilierty,  the  fortune,  and  (1  was 
to  fay)  the  life  of  a  most  learned  prelate ; 
•ottie  circumatanoes  of  this  Bill  are 
-*  -r^\  extreme,  that  it  is  Uttle  better 
I  affected  hfe  itself 
.'%,>  \*hmj  Uiat  is  a  frirud  to  this  Bill,  must 
Mt  H  is  not  to  be  oflered  without  an 
i  md  cofTcnt  neceasitv.  But»  I  hope, 
If  though  the  grounds  and  suggeations 


and  letters.    And  I  am  snre  where 

lly  mentions  his  cot i use  1,  it  is  with 

bere^rd,  itn  tenst  complaint  of 

unfair  or  o»il  *  ^    <  iiuviour  of  them. 

*  All'!         ., .  ]\  i.uuvia  Mr.  Wynne  never  was 

t  ti  ,tiop  during  hia  commitment, 

♦  h*!  Ill   .?  as  ci  ill  LT  in  company  with 

:.!.!:Hi;iwi.M*    l^r-irpj:..   Iks  (tihcr  couosel,  ftud 

ill  lim  ^iilii  iiors,  who  were  as- 

\if}  ij«.M  !  turn  in  his  defence,  and  one  or 

'  hifc  si^Tv;Lnts  ;  and  therefore  some  other 

must  have  heeu  prt%y  to  this  fact  if  it 

as  others  who  narro^i  ly  watch- 

ifMobably  ofer-beard,  moat  things  that 

1  m.  Ilime  abort  int«nriifivs.'* 

^OMtittootd  that  **  Wynne  was  in  a 
i  known  to  or  acquaiuteU  wiiK  his 
I  before  ha  had  tho  bonour  to  be 
r  oC  bi4  CQuuitL" 


IiaWmi?  such  a  law,  in  the  ciose  now  before  you, 
fit  should  become  a  law,  his  lordship  must 
dispute  it  no  lony^er,  but  submit  to  it  as  juaty 
whiitever  hardships  be  may,  in  the  reiiremenl 
of  his  own  he^rt,  conceive  intioduced  upon  him 
by  it.  But  thanks  be  to  God,  this  is  yet  no 
Iaw,  and  that  I  am  at  full  liberty  to  represent 
the  injustice  and  the  unre&soDableness  of  thii 
Bill ;  and  to  say,  this  is  not  a  proper  occasioa 
that  needs  or  calls  upon  your  lordship«  to  exert  < 
your  legislative  power. 

1  might  here  enlarge  upon  the  injustice  of  ^ 
all  laws  made  *  ex  post  facto,*  and  for  one  par* 
ticular  case  or  person,  and  no  other  ;  that  ihtf 
are  aguinst  the  common  law,  and  the  common 
right  which  every  one  is  entitled  to,  in  the  ' 

fdace  of  community  where  he  lives  |  because 
aws,  in  their  nature,  ought  to  be  rules  for  tb«  { 
general  order,  and  good  of  society  ;  and  oaia<^  ] 
ml  justice  would  surely  in  all  such  casts  slo|i  i 
the  precipitancy  of  your  lordships'  resolution^  ] 
by  this  question;    against  \vliat  law  hath  h«  | 
transgressed  ?      If  he  bath  transgressed  any 
pub  he  known  law,  be  is  undoubtedly  subject  to 
undergo  the  pains  or  penaltie<«  eu acted  by  it, 
when  the  proof  is  duly  and  fully  made  whicb 
that  law  requires.     But  if  there  is  no  such  luwr  | 
v\?t  in  being,  or  if  there  is  no  such  pnH>f  as  that  | 
law  requires  to  suppose  him  guilty,  will  your] 
lordiibips  introduce  a  new  law,  or  a  new  sort  of  I 
proof  to  make  him  so  ?  If  these  methods  are  to  { 
bi^  taken,  the  most  innocent  man  is  not  sate,  and  I 
the  wisest  man  cannot  judge  what  is  an  otlence^  j 
or  in  what  degree ;  what  proof  is  necessarj  I 
for  his  defence,  or  how  he  is  to  be  tried.     And  | 
in  vain  does  the  legiilatnre  every  Kev^iou  pro*  j 
vide  lawSf  if  a  parucular  law  or  a  particular] 
proof  is  ilill  to  be  made  for  every  panitiular ! 
purpose,    Dot  only  contrary  to  the  tenor   off 
all  tbi  fortner,   but  fucb   m  is  n«t  to  bo 


IW] 


» GEORGE  I.         Pr%e$edif^i9ei^imtBiA9rM€fim9.         {¥19 


%  rifle  er  \%n  io  «iiy  other  fatars  case  vktl- 
soever. 

^ .  Tbuf  ipnoh  I  am  sure  msv  be  justly  nr|^ 
ip  toy  place  of  judicature  in  the  world,  against 
Mfi  such  lavrs  in  general ;  but  much  more  as 
ire  are  Buglisbmen,  as  we  have  laws,  which 
my  lord  Bacon  calls  wise  and  just,  that  give  to 
Goil,  that  give  to  Cnsar,  that  gii^e  to  the  sub- 
ject, that  which  belongeth  to  them.  Not  like 
those  of  utber  countries,  imposed  upon  the  sub- 
ject at  the  will  of  the  prince,  before  probation 
or  trial,  whether  they  are  fit  and  convenient  for 
the  genius  of  the  people ;  nor  the  production  of 
we  man,  or  of  one  parliament  in  any  one  age, 
but  the  wisdom  and  experience  of  many  gene* 
rations. 

^nd  I  am  sure  one  of  the  greatest  ezodlen- 
cies  of  this  law,  beyond  that  of  other  nations, 
kas  been  always  esteemed  the  common  and 
ordinary  method  of  trial.  It  has  been  always 
•eoouiited  the  birth- right  of  an  English  sub- 
ject to  be  tried  *  per  pares,'  according  to  the 
known  course  of  the  law. 

And,  therefore,  the  better  to  shew  the  diffe- 
rence, and  to  evince  the  hardsliip  of  this  ez- 
traoidinary  proceeding,  I  shall  a  little  consider 
the  nature  of  the  ordinary  trial ;  and  though  I 
miff  bt  do  this  m  the  boguage  of  Magna  Gharta, 
and  of  many  eminent,  ancient  wnters  of  the 
law,  1  rather  chase  my  lord  chief  justice 
Hales,  that  great  and  ffood  man,  whose  happy 
SMderation  between  the  prerogatives  of  the 
evown,  and  the  jostJiberties  of  the  subject,  can 
sever  be  remembered  by  posterity  without  the 
deepest  honoOr.  He  ssys,«  it  is  the  best  trial 
k  the  worU,  and  one  of  the  first  principles 
upon  wliich  our  constitution  is  erected.  Here 
a  man  has  a  legal  exception  to  any  one  of 
his  triers,  if  they  have  any  dependence  upon 
either  of  the  parties,  are  preposbessed  or  preju- 
diced before  tliey  bear  the  evidence.  All  the 
evidence  is  given  openly,  iu  the  presence  of  the 
judge,  jury,  counsel,  and  parties;  not  in  pri- 
vate, before  a  commissioner  or  a  clerk,  (ss  in 
Chancery,  or  by  the  civil  Uw)  where  often- 
times a  witoess  delivers  that,  which  he  will  be 
ashamed  to  testify  <  ore  tenus,'  and  wherein 
^  crafty  clerk  will  oftentimes  make  a  witness 
•peak  what  be  really  never  meant,  by  dressing 
vp  his  evidence  in  bis  own  terms,  phrases,  and 
expressions.  Or  a  man  may  depose  in  writing, 
what  the  fear  of  being  falsified,  or  perhaps  a 
better  recoliection  wuuhl  not  let  him  adhere  to 
ie  open  court,  where  he  has  an  opportunity  to 
ourrect,  amend,  or  explain  his  testimony. 

Besides  thin,  (saysthst  learned  judgv)  a  jury 
aaust  all  agree  in  their  verdict,  and  aie  not  to 
be  cooclutUd  by  a  majority  ;  and,  therefore, 
though  in  soma  cases,  the'hiw  does  not  posi- 
tively require  two,  nor  one  witnesK,  *  viva 
voce ;'  y«t  the  credit  of  a  verdict  is  great, 
where  twelve  men  on  their  oaths  unanimously 
agree. 

-    The  counsel  on  the  other  aide  may  be  apt  to 
r^y  upon  me,  with  the  trH|uent  abusea  and 


«  Hist.  0f  the 


Law,«.ia« 


corruptions  of  joriea.  My  hwdfi  \  de  ^gnei 
that  may  happen  to  be  the  eaaa;  er  it  W09 
happen  that  one  more  koowiag  or  OTffr«>b«i^ 
ing  maa  among  them,  may  someli 
all  the  rest.    But  if  the 


and  often  doea  in  every  society  ernn 
men,  and  the  best  regulated  bodiee  in  the  «orU» 
surely  that  can  never  be  a  reasoB  to  depnsea 
man  of  his  common  right,  ^nd  to  lay  andi  % 
most  valuable  inatitution. 

I  am  afraid,  my  lords,  this  little  has  Nwlw 
much  upon  a  point  that  so  little  gte^a  its  bal 
the  love  of  one's  country,  and  its  aDCifl«thf4 
constitution,  is  an  honest  prnudifle,  wttb 
every  oneisapttoiadnlge;  and  the  ad?4i|iw 
of  this  privilege, every  one  that  heere pasbS 
doubt  not)  is  in  the  heart  sufBcieBtJy  coiiviMi 
of,  and  would  boldly  inaist  on  it  as  hie  hiitt* 
right  in  any  case  of  his  own,  where  liif  em 
property,  his  reputation,  his  hfe,  or  km  e«a 
libMly  was  in  the  least  concerned. 

It  IS  urged  by  the  counsel  for  the  Bill,  aed 
indeed  by  the  Bill  itself,  that  this  is  aa  e*ai 
ordinary  case,  and  requires  an  extra srdJiiry 
remedy,  where  the  offender  has  taken  eara,  ky 
subtle  contrivances,  to  keep  out  of  the  veife  m 
the  law,  and  the  reach  of  all  ordinary  prassidi 
ings.  But  if  such  a  cruel,  artificial  aoggaalioa 
be  allowed  to  be  a  good  reason  lo  diifrivsa 
man  of  the  benefit  ofthe  law,  no  man'a  life  ir 
liberty  is  safe.  The  aame  may  be  auggpHlid 
of  every  offender,  and  in  every  offenee:  tbsta 
man  endeavours  to  evade  the  poai^miaBt  sf 
the  law.  The  ssroe  may  be  said  with  nsif 
justice  of  every  one  that  pleads  not  guilty,  sad 
insisu  on  his  trial,  that  he  endeavours  laevids 
the  law,  because  such  an  aecusatian  or  sueh  ii 
indictment  is  found  sgainst  hisB.  Aod  yet  the 
most  rigid  casuist  never  yet  maietsiaed,  bat 
that  any  man  (though  he  knew  himself  to  bsa 
most  guilty  criminal)  anight  plead  nat  ggikf 
and  insist  on  his  trial. 

But  if  this  cruel  artifioa  is  to  prefail,  sal 
this  should  be  a  reason  to  exert  such  an  extraor* 
dinary  proceeding ;  woe  be  to  all  m«i  of  aiasi 
and  ingenuity !  Nay,  my  lorda,  if  aoeh  a  aSf 
tion  is  to  take  place,  the  Bishop  is  in  a  meek 
worae  condition,  than  if  Maynoe  were  aUfe»  sr 
any  other  witness  would  have  denaaed,  « riia 
▼oce'  against  him,  all  they  would  have  bed 
them.  For  even  then ,  his  acciisati«m  er  iadic^ 
ment  must  have  been  found  uiion  the  oaths  sf 
twelve  men  at  least,  he  woiud  have  had  hii 
ltgt\  trial,  and  his  challenges.  This  laay  oaa 
a  auppositioD  that  the  gentlemen  ofthe  ottsr 
side  msy  nut  allow  his  lordship  to  be  a  jpesrsf 
the  rea.m ;  but  if  they  do  allow  hia  r^ht  d 
peerage  before  your  lordships'  bar,  and  osb» 
qvieutly  that  he  is  entitled  to  a  trial  by  hit 
peers,  yet  still  he  would  have  had  hia  legal  df' 
oaptiona  to  the  testimony  of  the  whnsmai 
there  must  have  been  two  uoaitive  witassi^ 
to  the  same  overt  act ;  and  his  accusation  imH 
have  been  found  by  twelva  osen  at  least  wtm 
their  oaths;  and,  after  all,  if  hia  lordship  1 
have  haen  found  giiiltj,  he  naigbc 
hi  ancat  of  jodgmm.   AU  whacdiT 


«ii] 


•scf  tdhir^tfor  a  Treasonable  Canspiracff, 


A.  D.  112$. 


[5«2 


n^riy  i)ef»n?ed  of,  l>y  Uiis  coethod  of 

Wtfwl  ^  loUl  (I  doubt  not)  by  tbecoun^l 

lir  dip  6^li  Uial  your  ianlsliip^j  «iit  now  iii  a 

]  csfitcUy  ;  that  you  are  jud^s  of  tlie 

\  9B  well  a»  ol  ih«  law.     Na  luau  will  tlouU^ 

__  Mar  iaril*ilii[>9  tiave  a  judicial  capacity^ 

!■!  bttf)^  al  aW  times  roost  uartUily  eitercitied 

11  j  Iwi  ^es  t  muMi  beg  leave  to  doubt,  wbellier 

|f«r  l<»r«f^in()«  are  now  property  acting  in  thai 

mfmij  Mr  nut  ?  Vou  liave  a  ^lower  it  k  true  io 

llll  Mtiiiod  of  proceed  ill  It?  Ui  cuodcuio  ibii*  re?a- 

ipd  prcUte,  tt  {guilty  ^  but  not  to  sap e  aud  ac- 

Mil,  ifyaa  are  ever  so  well  $atis Bed  of  Uisiouo^ 

mucy  I    aod    wiietlier  it  Ue  your    lordships' 

ibiD^ure  to  |»a$9  ur  reject  ibis  filU,  I  desire  to 

I  M«  of  the  learned  counsel^  wbetbr-r  it  may 

laylcaded  in  bar  of  a  prosecutiou  in  the  courtv 

I  U»w,  tbat  be  was  ''  auterfoits  acquit/  or  *■  an- 

trfatlt  convict*  before  your  lordibi]»&?  or  wbe- 

rocetditig  by  Bill  luigbi  be  (deaded 

I  jllar^  eren  of  an  inipeacUrjiout  for  the  very 

r  trenaons  I'  or  wb tether  your  lordshipe^  re^ 

ma  oil  tbL»  Bill  (wbatever  it  be)  would  be 

I  if  kgal  '^estupel'  to  any  other  Bill  in  a  fiuure 

ef  NOf  my  lurds,  1  bumbly  apprehend, 
d  not  be  a  ^r>ud  bm  or  a  legal  pleat 
ll  oomniou  law«  or  aocording^  to  any 
IT  iltage  t*f  parlitimetits;    and  tberelore 
'  Vibft|>e  y<Hir  lordkbips  will  not  du  tbat  wbicU 
Itier  all  ca#iut>t  be  a  complete  or  a  final  jud^- 
1  by  that  meaod  draw  ibii  reverend 
limlO  die  danger  uf  a  double  trial ;  whicb, 
e,  19  not  only  contrary  lo  ibe  rules  of 
but  al^  of  natural  justice.     I  bave  the 
iOiitntenance  in  ifuyin^  this,  not  only  frurn 
ipderi'a  ca&e,  but  troiii  the  known  caaeof 
fiirris  ;•  who  pkntkd  tbi«  very  naaltei" 
lo  ( '  I  i  oil  of  t  ll  e  Co  u  r  t  uf  K  ioi|  V  ht  iic  b , 

tbai  cupeacbtfd  lor  the  iiame  c-rinic  by 

tbaCotuutiioii  tif  Eni^land  ;  but  it  was  the  opi- 
hitm  of  that  courl^  with  the  advice;  of  all  ibe 
jlidfes,  tbat  be  might,  n<^lwithslandinir,betried 
ibfre  ;  and,  in  fact,  wan  tried  and  condt^iiiued 
by  the  Court  of  RiucVbench^  tbouk^^b  the*  iin- 
peach  111  en  t  was  btill  depeqdiu^  before  your 
lortUhrps'  House. 

But  if  yuur  lortishipa  are  resolved  to  p ro- 
il your  legiblaiivr  capacity,  aud  my  hud 
asutftt,  aker  all,  be  in  dani^er  of  the  or- 
VMry  incthodof  trial ;  yel  suffer  me  to  any 
libat  has  be«'ii  done,  in  former  tiin^t  by  Ibriuer 
parliaments,  n a  the  like  Billa;  and  bow  light  j 
hotter  otbtr  auiliuritiea  may  ticem,  we  hape 
^•ur  lordibips  will  have  toiue  rey^ard  to  your 
•va  ttiftge  and  rtsolutioos* 
'  Tbere  bave  been  too  mauy  inslaticea»  I  etm* 
itm,  my  Iord«  ;  but  tboae,  tliat  can  in^  m  any 
^it^t^ts  jtt»ti6ed,  may  be  reduced  to  tbeae  itaw, 
IWy  are  ^ocb  ai  jNfia^  against  persoiia  deail, 
«r«bo  ilod  from  juetice,  aud  did  not  f«tidflr 
ibiiMliig  by  the  time  appuiolefl ;  or  tbey 
ht»e  p«Med  aj^ainat  auch  aa  WMfe  in  actual  re> 
hfUJaiii  b  fttr«»et  opposttioo  to  all  wetbodi  of 
ttidf  md  to  detiance  to  all  courts  of  jualice ; 

I   IP  -  — ' — ^ —       *  '^ 

«  W,  8,  p.  Si3,  of  lbi»  Collection. 


or  agaittat  flucli  wbitfit  treaaoiis  were  flagrant 
and  uudeniaMe,  but  their  persons  above  |ha 
reach    of    inferior    ouurls    and    ^CMfimisiions, 
Thoke  few  vamioee  to  tbe  heal  tud  ueceaBitjr 
of  the  times  bave  been  moat  of  them  revef» 
with  infamy  and  detestatioD^  when  men  wa 
cool|  and  at  liberty  to  hearkea  to  the  voic«  of  I 
law  and  rcatiou,  and  began  to  cousider  tbey  kif4  ' 
only  preparer)  shackLei^  fbr  tbemiielvea.    Tboio  ' 
few  melancbuly  iu^taiiees»  pr^icured   withoiil| 
due  trial  by  an  excesa  of  prerogative,  of  pep*  j 
aons  tbat  bare  been  f*'rlh- comings  principaMiT  { 
because  it  wag  tbe  will  of  a  prince,  are  oot  tp  I 
be  mentioned  without  horror  and  deteatatioo. 
Such  oi  lbo*e,  my9  my  In  '  f  !       ^  -^  derail 
'  obllvio  si  poteat,  tii  non,  u  ile 

*  tium.'     Let  ancb  groia  b.^>......  -..^  moU-* 

liontri  of  the  sacred  aod  utialtciab1«  tides  of  | 
juiiice  be  forgot^  it  it  be  pusiiible ;  or  at  Ltaal  I 
draw  a  veil  over  theiii,  and  let  ibeai  be  bariid  | 
in  perpetual  «iltdiica» 

But  in  all  sober,  regular  timas,  a  frea  trial  tii  { 
LbE"  ordinary  cour&e  of  law  baa  leldom  boan 
denied,  even  wbero  ihff  Tacta  bave  been  soao*^ 
torioua(as  one  would  ibiuk)  almott  to  need 
trialt  and  ao  evident  aa  to  need  no  proof;  aa  ihm  I 
regii^iilof^  eKcept  fuch  as  fled  from  juttit^  ] 
were  admitted  to  tnal>  no  less  than  twenty-i 
nine  bclbre  one  oommi^Mion  of  Oyer«  aod  evety  i 
one  beard  with  patii^nce  in  tbeordioaiy  cuurae, 
iLitn  Feiton,*  tbat  stablicd  a  prime  uiiuibter  in  ] 
the  execution  of  a  bi^^^  eommtSJiion,  tbougli  J 
he  cunleaaiul  the  Ifut,  Wih  iK«l<ire  the  ooi 
auil  Court  of  ivinii*^  btuch,  anil  jti^tilied  it  at  ft  ] 
public  vervice  lo  the  nation,  in  the  mont  darinf  ] 
and  impious  manner,  was  brought  lo  triafyl 
without  superceding  any  ol  the  ordinary  mei*  | 
tbiids  and  circumstances  of  ju]»tice.  f  n4l«#dv  I 
wlure  Slime  Hagrant  crimes  ha>i^  been  fejjallyj 
priHrd  and  deternijutd  iu  the  courts  hchiWp] 
pitrliauu'Uts  batesumf-'iinief  thought  tit  tu  a4lilJ 
Ui,  or  beigbtt  ti  tbe  tlegrii^  of  punish  meat^.  If  J 
was  an  rfsidvfd  in  the  caso  of  the  Gunpowder*  f 
plotters  6th  Nov  emlmrf  tbat  they  were  at  first  J 
to  be  triffd  at  law^  and  then  the  parliament  (if  1 
need  be)  to  add  a  coufirmation  to  it.  Nsy^  [ 
tbnt  resolutiuu  went  farther  ;  it  says,  they  wers 
not  CO mpetfut  judges  of  tl»  before  ii  waa  founil«| 
io  tbv  ctmris  bfltiw, 

I  mi^bt  mi-ntion  the  opinion  of  judge  Dod^ 
deride*',  the  Miir«»r  ul  dustier,  lord  chiefbaroBl 
Atkiu^,  ^c.  who  ^ay  tbe  parliament  is  a  an-  ] 
preme  court oJ'  Oyer,  and  that  the  pioper  sub-] 
jeci  uf  (heir  Over  is  such  offences  tor  wbiclil 
Ti\sUi  cauuol  otherwise  l>e  had,  and  to  deal  with  I 
dehiMjuenta  tiio  bif(b  for  tbe  nrd innry  courts*] 
Aud,  as  1  am  bdbre  your  lord&hipa*  bar,  I  ami 
irery  proper  lo  mentaeo  the  reaoliilioti  of  y 
kirdsbiju'  predecesion,  in  tbe  cue  of  F 
barriat  wbo  (aa  J  before  nientione^l)  was 
peached  by  the  CJoinmons  oif  b i gh-i reason  j 
tbey  retaaod  to  take  biin  out  of  tbe  ban  da  i  ' 
ordinary  justice,  and  directed  tkim  to  be  pr 

*i^ee  hia  Case  in  tbis  Colleciioa,  foL 
p.  36?. 

f  8ee  ii  vol*  8.  p.  825^  oC  ik\&CQkV<£tki^ 


593J 


&  GEORGE  I. 


Proceedings  egainsi  Bishop  MerhMwy^ 


«ee«l€^J  aeaJDSt  wccor^vag  to  the  coone  of  the 
cummoalaw. 

Ar«1  what  opinioD  fobscqnent  parliaiiieDts 
luve  hnil  of  my  lord  Strafford*!  bill  of  attainder, 
best  appears  from  the  wortis  of  the  act  of  re- 
versal,* hy  ordering  all  the  records  and  pro- 
eeedin^fs  relatioj^  lo  it  to  be  cancelled  acd  de- 
stroyed, that  no  remains  of  so  eril  and  nnjost 
ft  precedent  mii^bt  be  Tiiible  in  after  a^,  or 
brought  into  enmple  to  any  one's  pre|udioe. 
But  ereu  in  that  detestable  instance,  such  in- 
formations and  cridence  were  not  admitted, 
the  witaesKf  were  all  examined,  *  rira  voce,* 
tipon  oath,  and  be  was  fint  adjod^  t^^^^Jt 
by  way  of  impeachment  at  the  bar  of  the  lonA, 
before' there  was  any  order  for  a  Bill.  The 
very  same  method  was  observed  in  the  cause 
«f  archbishop  Land,t  and  articles  fully  proved 
against  him,  as  they  thought.  If  it  had  not 
been  so,  et en  that  House  S  Commons,  as  bad 
as  tbev  were,  anil  as  thirsty  as  they  were  after 
die  Mood  of  those  noble  persons,  probably 
would  not  have  ordered  those  bills.  But  yet 
this  latter  instance  of  archbishop  Laud  never 
had  the  royal  assent:  and  it  is  well  known  in 
history,  what  desperate  measures  were  made 
vseol  to  induce  the  Lords  to  psss  it;  andatlast 
I  think  there  weie  but  seven  of  your  hMndships' 
whole  House  that  were  present  when  it  was 
passed.  But  if  this  Bill  should  pass,  we  must 
no  longer  Uame  and  condemn  those  instances ; 
for  this  will,  in  effect,  re-enact  them,  and  many 
others,  which  the  wisilom  of  former  pariia- 
aents  have  rer ersed  with  marks  of  infamy  and 
detestation. 

How  much  more  is  there  to  be  said  of  sir 
John  Feowick's  case?|  He  had  been  indicted 
upon  the  et idenoe  of  two  positive  witnesses : 
there  had  been  several  preceding  trials  at  law, 
by  which  it  manifestly  appeared  that  he  was 
eqnally  concerned  with  those  that  were  found 
ffuilty.  8ir  John  Fenwick  bad  likewise  with- 
drawn himself  from  justice,  and  was  retaken 
(a  circumstance  always  urged  as  a  strong  pre- 
sumption of  guilt  )  He  bad  protracted  his  trial 
by  offers'  of  discorery,  the  reason  of  which 
afterwards  appeared  'to  be,  that  one  of  the 
king's  witnesses  might  withdraw  himself  be- 
yond sea ;  and  although  that  wiiness  was  icone, 
yet  his  evidence  not  only  remained  in  writing 
signed,  and  u|ion  oath,  but  was  attested  and 
eon6rmed  by  some  of  ihe  grand  jury  them- 
selves that  found  the  Bill,  and  by  othere  of  the 
petty-jury,  before  whom  that  witness  had 
gif  c-n  the  very  same  eridence.  There  was  a 
firoof  likewise  that  be  had  attempted  to  corrupt 
the  remaining  witness,  as  well  as  some  of  the 
jury.  These  were  circumstances  upon  which 
that  case  was  founded.  No  man  can  say,  but 
there  was  a  reasonable  evidence,  though  not 

•  See  it  in  vol.  3,  p.  1595,  of  this  CoHectkm. 
As  to  the  provision  in  the  Act  of  Attainder 
acrainst  Strafford,  see  scq.  lUynard's  noeMat 
«f  it  sited  by  Mr.  UatariJ  in  his  PhL  Am. 

t  See  U  M  this  CoHsclii^,  f«L  «u  ■. 

|8eeitT«LlS^fi«8r* 


stridly  legal ;  one  full  and  positi^  wii 
and  many  strung  oodeniaUe  drcumstai 
and  yet  the  opposition  which  that  bad  in 
Honses,  was  very  great.  Whether  the  re 
that  prevailed  for  Uie  passing  of  it  were  t 
cient,  becomes  me  not  to  enquire  :  aina 
still  a  law,  I  most  presume  tliem  just. 

But  is  there  any  thing,  my  kivds,  like 
in  the  case  now  fiefore  your  kirdships? 
there  been  any  attempt  to  withifraw  fron 
tice  ?  and  yet  that  honourable  committee 
been  pleased  to  obierv e,  his  lordship  bad  i 
that  be  was  to  be  apprehended  some  consi 
Me  time  before.  Has  there  been  any  preo 
trial,  in  which  my  lord  bishop's  name 
mentioned  as  an  agent,  much  less  (as  tlii 
suggests)  a  principal  manager  and  direct 
the  eonspiraey.^  Or,  in  that  one  trial  « 
hath  been,  has  any  thing  appeared  to  derii 
least  suspicion  of  guilt  upon  him  ?  Can 
one  say  be  has  used  any  methods  or  artifii 
avoid  or  protract  his  trial  in  the  ordinary  o 
of  law  ?  Has  he  not  on  the  contrary,)  ao 
one  of  the  strongest  proofs  and  convicm 
innocency)  songht  and  petitioned  to  lie  t 
Yes,  my  lords,  he  has  applied  in  all  courts 
in  all  places,  in  the  most  earnest  and 
manner,  to  be  brought  to  trial.  Has  this  i 
rend  prelate  used  any  indirect  measure 
corrupt  or  withdraw  a  witness.^  And  30 
Kelly,  (who  u  the  only  person  su|i[ 
capable  of  testifying  against  him)  it  is 
known,  had  his  full  lib^y,  even  after  bis 
ship's  apprehension,  but  would  not  bazar 
recognizance  by  one  day*s  non-appean 
No,  my  lords,  nothing  of  tbst  kind  has 
attempted  to  be  pro? «l,  nor  so  much  as 
nuated  in  this  case  ;  nor  is  there  here  b 
your  lordships  any  one  positive  witness  of 
kind :  nor  is  there  the  sanction  of  any  one 
here,  or  any  where  else,  in  any  one  material 
against  his  lordship.  What  need  there 
or  what  reason  can  there  be  for  this  i 
Surely  your  lordships  will  never  pronoui 
judgment  that  shall  affect  any  man's 
liberty,  or  fortune,  without  st»me  oath,  an 
circumstances  so  nidely  ilitferent  in  evtrj 
spect  from  those  of  sir  John  Fen^  ick. 

And  if  this  case  bears  no  proporiiun  nor 
litude  with  that  of  sir  John  FeuHick  ; 
sure  it  has  much  less,  or  rather  none  at 
with  any  of  those  before- meniii>ned.  Fc 
hope,  after  so  Ions'  and  full  a  distt>rery  0 
conspiracy,  and  those  many  ju<»i  metho 
preparation  against  it,  the  dan^^er  cannot 
be  so  great  or  cogent,  as  to  ref^uire  so  p 
pitaie  a  resolution.  His  persiHi,  your 
ships  see,  is  safe  and  forth -coining,  and 
courts  of  law  in  their  usual  and  upen  ooc 
and  at  this  time  filled  with  such  learned  ao 
solute  judges  and  ministers  of  justice,  that 
are  equal  and  able  to  deal  with  the  most 
and  daring  offender. 

Them  can  be  less  reason  therefore,  not 

nlwnhopc^  lor  yov  kN-dships  at  this  tin 

t  nneh  u  amordinanr  ncthod  of 


snd  o1hers,Jbr  a  Treasonabk  Can$firacy*  A.  D,  1723.  [5sMI 


is  tbjji  furtber  objection  i«gAii^st 
rfiiif  by  littl«  that  it  niak<»  not  only  your 
bbip*  jictmotiiicy  jttd^iiieiit  u^insl  one  of 
f  own  rot  m^H^fs,  aud  a  rery  terrible  one  tao ; 
tilnalif  liim^elf,  without  be^rint^ 

f)ce»  io  person,  jironouDce 
~i  judgnieol  upon  bi»  tubjecl,  wlucb  bis  own 
E  lcfn|i«r  mujit  be  averse  to;  which  the 
Doo  Uw  therefore  lias  wisely  left  to  be  pro- 
^^  by  his  justicest  even  in  those  Cfturta 
Imp  is  almiyi»  8tipp<}«ed  to  be  present. 
IMtti  thin  tttALnnce,  tiiere  is  something  which 
mmk  be  stilt  more  ung^i  ateful  to  )iim  ;  in  tbtit 
nil  m  eZidnde  a  branch  of  prerog'utive  vrbicb 
\m  iiini<ety  tnest  tleiighls  in*  And  it  mnst  he 
mmmwm^tm  to  every  i^ood  subject  to  find  bis 
nral  jisdnietit  so  highly  mistru&ted. 

irTe  t«  another  thing,  which,  I  persuade 
'f't    \nur  torttships  will   fully   consider; 
'     I  ^  met  hod  ol  pr«>ceedm|^  by  Bill  be 
iL<^  and   grow  tamiliar,  il  will  put  an 
i.j  CDC  considf  luhle  branch  of  judicature, 
■  1 1   your  lordships  were  heretofore  so  jusify 
u«  not  io  admit  at  uny  time  the  least 
-  > .  The  L*>  wor  House  w  1 1 1  h  a  rd  I  y  care 
'    :  i  ;  Inrilsbipsasac- 

y  can  so  easily 
iHT  Ldjmciiy.     And  every 
ii;ainst  a  member  of  tins 
.<^^;  t.^tiioffemenl  and  diminiitiim 
I  and  valuable  privilef^c,  and  »iU 
to    Rurne  other  mischiefH  to  the 
i  much  rather  your  lord- 
to  yourselves,  than  J  ex- 
it  ba*   been  atwiiys  doubted  without 
,  whether  your  lordKhip!t  could  hej^n  such 
tBill  against  a  coirnntiuer ;  but  1  think  it  may 
lis  jBoi«  ju»tly  doidited,   n  bet  her  the  IjOwer 
i  Qiu  be|(in  such  a  Hill  jf^^iust  any  one  «f 
'diipsi   and  if  thiii  Bill  should  have  no 
reiwaei)ueuce,  it  wit)  establish  this  so  far, 
'  liO  question  bereaUer, 
*    '    pcd  nutsay )  bow  much  more pro- 
l  !*<'  e  been  for  the  Lowi^r  House  to 

I  lifi-;  "-^^  ^" '■'-'■'*  "Mr  bmUhips;  be- 

'1  by  your  lord- 

1 .  -  J  bc  of  Com  mons 

caturc  or  coercion  ^{^ainst 
'  :-%  cuuf^LMningtbat  Huuie, 
I  thta  IS  a  ca«i4Ef  of  pconif^c^  xUv  puni*<b- 
nd  the  oscIumou  of  a  uiember  of  this 
IS  an  instance  on  your  lord- 
vvh^'v*  0>e  lord  Purbeck  vo|iin> 
»  i^nd  dignity  of  vis* 

Hod  yet  yuur  lord- 
ly revei ..  1  .'luent,  and 
^  place  CO  tfOrinler- 
witii  iii|fniUesor  ngni'tyt  peerage,  but 
rhrdtbips' own  House. 

,  my  lurds  o*  thiit  reverend  liench» 

I  aurdy  oaosider  what  a  fatal  blow  tbis4  Bill 

141  lb«*  dj».fjijiii,t.    iTvri   polity  of  the 

llif  £<igt '  more  tniin  ordi^ 

ilntii^^  ,M4i|kir}:r  "IOC  !i  lire- 

i,amiof  tniroduriTii^  lufuhodsoi 

ao4   dru|t«i,   harilly   known    i 

aAfdem  «au»u«  Uave  alr«aJy  pre* 


hti. 


scribt^fl  mcibotk  of  juiig^iogi  ceofuring,  and 
dei^osinfi^  bihbops,  anil  the  ca^es  when  ami 
i«  here  tJiose  methods  are  lit  to  be  exercised.  I 
doa*t  say  the  parliament  cannot  do  this,  or  any 
thing  else  which  the^'  think  proper ;  but  ihe  nic« 
tropolitan,  their  lordships  know,  isentrui^ted  with 
this  power  over  his  suflragans,  or  a  provincial 
synod.  And  it  is  plain,  the  law  of  England 
takes  notice  of  no  other  power  that  can  reg^u* 
iarly  deprive.  For  to  menlton  but  this  io- 
sianee,  if  an  issue  should  be  joined,  whether  a 
bishop  be  deprived  or  not;  the  Court  where 
such  issue  should  arise,  could  only  wfite  to  the 
archbishop  to  certity.  And  to  prove  this  aaser* 
tioo,  1  will  not  name  bishop  Siilling^eet,  er 
any  of  those  great  ecclesiastical  authorities^ 
(since  possibly  they  may  be  excepted  against^ 
aa  persons  who  have  loo  much  interest  in  \\%m 
case  to  be  imparlia])  but  it  is  so  laid  down  bjr 
my  lord  chief  baron  Atkins,*  in  his  great  ar- 
gument of  ecclesiastical  commissions;  and  by 
my  lord  chief  justice  Holt,  and  the  Court  of 
K.ing*s-liencb,  in  the  case  of  Dr.  Watscm^  bi- 
shop of  8t.  David^s.f 

All  precedents,  my  lords,  will  increase ;  and 
the  scorn  and  contempt  of  Ubertjoea  against 
your  lord«»bijis'  sacred  order  is  too  great,  to  drop 
or  to  forget  a  precedent  so  grateful  and  pleas- 
ing to  them  as  this  will  be.  Every  one  knows 
the  destrucrion  of  the  smiller  religious  bouses, 
only  made  way  for  that  of  the  greater  A  tinie 
has  been  ith'en  their  lordships*  predecessors 
were  all  excluded  and  sequestered  \  and  it  lia*! 
heeo  attemiitetl,  even  since  the  Hestoraiion,  to 
take  away  deans  and  chapters^  I  am  far  from 
apprehending  any  such  thing  at  present,  and  I 
hopoit  will  never  enter  into  the  heart  of  any 
man.  But,  my  lords,  t  confess  I  thought  as 
little  at  this  time  of  such  a  Bill  as  is  now  before 
you,  to  dt^prive  a  bishop  and  dean  at  <jnce,  not 
only  of  alt  bis  dignities  and  benelicesi  but  from 
the  exercbe  of  any  part  of  his  holy  office  jud 
function :  and  I  will  say,  that  if  this  Bill  should 
pass,  and  by  any  of  their  lordships'  assent, 
such  a  design  will  be  rendered  more  easy  anil 
familiar,  and  much  more  unpitied,  by  all  man- 
kind. 

Give  me  leave,  my  lords,  next  to  observe, 
with  what  caution  and  moderation  other  par- 
liaments have  proceeded,  even  in  those  cases 
where  they  have  thought  proper  to  ejiercise 
their  legi^laltfe  capacity*  I  pas.«  over  the  ata* 
tute  7  W,  c.  ig,  for  imprisonment  ot  air  Tho- 
mas Coke,  6cc.  and  many  other  such  cases, 
which  were  too  great  and  intricate  for  the  ordi- 
nary course  of  law,  but  yet  too  low  and  incon- 
siderable to  enter  into  this  comparison.  But 
the  statute  8  W.  c.  5,  may  be  named,  f  aiu 
sure,  with  that  now  before  you,  for  the  iuipri- 
soninent  of  Coiinlcri  kc.  cuiicerned  in  the  As- 
sassination Plot;  against  li II  whom  there  f»aa 
some  positive  cfideoce  upon  oath.  Though 
the  zeal  of  that  parliament  can  never  be  qiMs- 

•  Salk.  Rep.  135. 

t  See  bit  Case  before  Iha  arohbtsbop,  rot 
14,  p.  447. 


M7]  9  GEORGE  L 

tloned  firom  id  iu:t  ••  fall  of  grnkthuile,  tod  io 
Meh  tflromt  terms  and  acoeute  of  loyalty  to  the 
lriii|r»  yci  they  did  aot  at  ODce»  and  at  one  nngle 
stroke,  eat  tbetn  off  from  the  land  of  the  KTiiig, 
aod  utterlydeprire  tbeu  of  all  the  neoetaaries 
of  life.  The  lint  atep  that  |iarKatiicnt  took 
was  to  pats  an  act  for  the  detainmetit  of  them 
§&t  the  apaoe  of  one  year  only,  not  to  the  for- 
leitare  and  deprivation  of  all  they  were  worth, 
or  to  the  eieloaion  of  hie  majesty's  mercy,  but 
even  to  leave  a  discfetionary  power  of  bdling^ 
within  that  time,  to  sny  six  of  the  prirv  coon- 
oU,  if  they  judged  proper.  Their  further  ob- 
atataeyana  impeoitency  ooeasioninijf  another 
not,  0  W.  e.  4,  to  detain  them  a  year  Iodm,  it 
waa  BtiH  onder  the  same  estcepdon;  At  the 
end  of  that  term  another  act  was  made,  im- 
powering  the  king  to  detain  them  during  his 
pleasare,  10  W.  c.  11.  After  tbeae,  two  other 
acts  pissad,  empowering  the  late  queen  and  his 
present  majesty  to  detain  them.  What  the 
particular  reason  of  these  alterationa  were,  I 
cannot  take  upon  me  to  determine,  because  the 
acts  themselves  are  wholly  silent ;  but,  my 
lords,  saeh  were  the  prudent  and  moderate 
atepa  taken  by  former  parliaments,  even  in  that 
boM  and  wicked  conspiracy. 

I  may  also  justly  take  notice  of  the  prndence 
and  clemency  of  the  last  |Nirtiament,  when 
there  waa  so  loud  and  so  general  a  cry  for 
justice,  and  when  the  necessity  of  the  time 


icessity  or  the  time 
to  require  a  more  speedy  and  extraor- 
dinary degree  of  punishment  than  the  common 
law  waft  acquainted  with:  but  with  what  diffi- 
culty, with  what  slow  paces,  and  with  how 
many  tender  circumstances  did  that  Bill  pass  P 
Your  lordships  will  easily  imagine,  that  the 
persons  I  here  speak  of  are  the  late  directors 
of  tlie  South  8ea  company. 

It  would  ill  become  roe,  my  lords,  if  I  had 
inclination,  to  iusult  the  dislrtsses,  or  to  aggra- 
vate any  of  those  gentlemen's  misfortunes ;  but 
the  service  of  the  reverend  prelate  now  under 
consideration,  requires  me  just  to  mention  what  a 
state  of  confusion  they  had  reduced  the  king- 
d6m  to.  How  many  thousands  have  felt  and 
atiil  feel  the  pernicious  effects  of  that  scheme  ? 
Though  their  crimes  had  no  particular  appelhi- 
tion,  or  determinate  punishment  in  our  law, 
yet  the  civil,  and  the  laws  of  oilier  countries 
could  hare  told  us,  tliat  *  crimen  peculatQti,'  the 
robbery  of  the  public  money,  was  such  an  in- 
fkmous  transgrnsion,  that  the  punishment  of 
it  was  death,  both  in  the  principul  and  accessa- 
ries. How  diffurent  and  how  milit  was  the 
punishment  inflicted  by  the  late  parliament,  in 
comparison  of  that,  I  need  nut  mention ;  and 
every  one  knows,  how  tenderly  anil  sparingly 
that  law  has  since  been  executed  upon  them, 
and  how  much  they  still  enjoy  of  tbo  spoils  and 
plunders  of  the  nation. 

Let  us  not  then  follow  every  precedent  that 
has  been,  bdt  the  juat  and  prudent  precedents 
of  moderate  times,  and  of  good  and  peaceable 
reigns.  Let  us  not  be  ambitious  to  surpass  the 
pfMeedings  of  violent  and  arbitrary  men,  wUteh 
we  or  our  posterity  may  have  cause  td  repent 
I 


Proo9eiings  agmmi  Bishop  Atkrh^, 

of  hereafter ;  bat  let  us  Imitale  anch  Ml 
are  agreeable  to  the  law  and  constitution, 
M  niv  gronnded  upon  true  reason,  and  tfie 
ciples  of  exact  justice. 

Having  thas  spoken  aa  to  the  method  of 
proceedings  in  general,  and  ahewn  (in 
meaanre,  I  hope)  that  they  are  contrary  t 
public  wisdom,  contiar^  to  the  known  ru 
law,  and  the  common  right  of  the  sobif 
ahall,  with  yonr  lordships'  favour,  next 
mine  the  foundations  and  aoftgestiom  of 
particuhir  Bill.  As  for  those  ^eral  rei 
and  allegations  with  which  it  is  introdncec 
upon  which  the  counsel  for  the  Bill  have 
so  mnch  time,  there  is  no  necessity,  as  Wt 
ceive,  to  answer  to.  We  are  here  before 
lordships  only  as  oonnsel  for  this  reverend 
late,  one  single  supposed  conspirator;  s 
would  ill  be^me  uB  in  the  least  to  contn 
that  there  hu  been  a  conspiracy  Ibrmet 
carried  on  by  some  persons  abroad,  an 
others  at  hoihe,  after  it  has  been  so  sole 
resolved  by  both  Honses  of  Parliament. ' 
can  we  deny,  but  that  Mr.  Layer  has 
tried,  convicted,  and  attahited  of  it  i  but  w 
yet  to  seek  how  these  things  have  any  rel 
to  the  case  now  before  yonr  lordships ;  or 
that  unhappy  gentleman's  case  comes  I 
connected  and  made  part  of  my  lord  bish 
as  it  is  by  this  Bill.  We  may  justly  ap|K 
every  one  that  heard  or  read  that  trial,  wb< 
this  reverend  prelate's  name  is  so  mud 
mentioned  in  any  one  line  of  it ;  whether  t 
are  any  gprounds  to  think,  from  any  of 
gentleman's  papers  or  examinations,  tlial 
lordship  was  privy  to,  or  in  the  least  conce 
or  acquainted  witn  his  person  or  his  intenti 
and  1  dare  say,  his  lordship  is  as  much  am 
at  the  rashness  and  folly  of  his  schemes,  i 
detests  the  wickedness  of  them.  Notv 
standing^  which,  it  is  his  misfortune  U 
charged  in  this  Bill  as  a  principal  actor  an< 
rector  in  the  framing  and  carrying  on  of  t 
very  schemes  and  designs  for  which  that  | 
tlerban  has  been  convicted.  And  as  to  the 
phcrs  and  papers  of  Phmkett,  I  am  as  mu( 
a  loss  to  imagine,  upon  what  grounds  * 
should  be  given  in  evidence  against  the  Bis 
since  it  is  not  so  much  as  suggested  in  the  ] 
nor  is  there  any  thing  throughout  the  Ri 
or  Appendix,  that  in  the  least  charges  his  I 
ship  with  any  intercourse  or  correspond 
with  him. 

Jt  is  strange,  my  lonis,  that  persons*  thoa 
and  intentions,  so  widely  distant  in  sll  o 
respects,  shoulil  yet  center  in  such  unnai 
projects  and  wild  undertakings,  without  s 
previous  discourse,  some  consultations,  or 
qusintance  one  with  the  other;  and  ye 
strange  and  unaccountalile  as  it  is,  this  reve 
prelate  is  charged  in  the  very  same  manne 
this  Bill,  with  consulting  and  endeavoorin 
raise  an  insurrection,  to  procure  a  for 
three  to  invade  the  kingdom,  and  cormponi 
with  the  Pretender,  and  persons  empleysi 


htm,  imon'ing  them  to  be  so  emplojfedr 
if  Itoe  fiwts,  my  ktrda,  had  been  Mf 


SS9]  and  otkers^for  a  Treasonable  -Coiupimcy*  A.  D.  1723* 


[530 


kgilly  iiroTed,  I  shoold  bare  rery  little  to  ny 
ia  bit  defence,  but  humbly  entreat  the  mercy 
lod  coinpmasion  of  this  honourable  House ;  for 
tbey  are  oflences  in  themselves  so  great,  that 
00  the  ooe  baud  they  are  not  ca|)able  of  a{;ij^ra- 
TilioD,  nor  on  the  other  of  excuse  or  diminu- 
tion, by  any  things  I  can  &ay.  But  if  the  facts 
fate  oot  been  prored  in  the  whole  nor  in  part, 
fte  hire  atfirmation  or  alle((ation  of  tliem  is 
oriy  *  brutum  fulmen/  and  does  his  lordship 
m  ■or«  hann  than  any  other  innocent  man, 
vftose  misfortune  it  is  to  fall  under  an  unjust 
aoesMtion.  Or  if  those  circumstances  which 
km  been  proved  are  not  criminal  in  them- 
Mlm,  tbe^  shall  not,  we  hope,  by  inferences 
mk  deductions,  be  hei(i:hten*^d  into  crimes ; 
mk  the  number  or  complication  of  them  shall 
Hffv  make  them  exceed  their  natur?.  And, 
■y  lords,  we  hope,  that  notwitliittaDding  all 
M  bas  been  affirmed,  allej^ed,  or  proved,  this 
imiiud  prelate  can  still  say,  not  only  in  the 
faa  pf  law,  but  boldly  and  with  a  safe  con- 
nice,  and  upon  an  impartial  and  serious  re* 
•BecUon,  that  he  is  not  guillv  of  any  one 
tf  the  charges  contained  in  tiie  Bill :  that  he  is 
HI  OMMcious  to  himself  of  any  one  treasonable 
vvrcvercnt  expression,  or  of  any  one  degree 
tf  o&Dce  committed  by  him,  with  respect  to 
■d  of  iboHff  charges.  'lie  can  still  say,  that 
k  bas  not  acted  in  direct  violation  of  his  oaths 
Ml  oUiieatiouS;  nor  to  the  scandal  of  religion 

•  Ui  boly  function.     I  am  sure,  my  lords,  I 
~^    ' '  oot  take  upon  nic  to  say  this  for  liis 

or  any  man  alive,  unless  1  thoui^ht 
a  full  and  positive  answer  to  every 
iiigtbat  has  been  s^tid;  unless  I  was  eerily 
pBwailed  we  had  a  suihcient  and  a  Icc^al  proof 
UtoooaDter  all  that  has  been  o/Tiited  on  the 
iAir  side ;  or  unless  my  instructions  told  me, 
Att  many  things  in  the  course  of  their  evi- 
^■eo  are  utterly  false  and  groundless  ;  false, 
IftT.as  we  shall  prove  (if  my  instrucliuns  are 
r  the  fullest  prodf,  and  the  most  satis- 
eviilence  that  is  |>ossihle  in  the  case  ; 
arguments  and  reasonings  us  we  think 
in  dear  and  undeniable ;  by  some  witn(*sses 
VOitfer  saw  nor  heard  of  before*  consequently 
k  Ipore  credible  and  impartial ;  by  others, 
Vbam  I  am  sure  we  had  no  opportunity  to  lead 

*  iartruct ;  and  all  (as  1  :im  informed)  glad, 
"^^il  is  cousisieiit  with  the  rules  of  your  lord- 

?  House,  to  receive  their  testimony  upon 

In  short,  every   circumstance,   every 

of  the  evidence  produced  against  us,  your 

'  ips,  iu  the  end,  we  hope,  will  find  turn 

1y  fur  us. 

re  is  one  thing  which  I  take  for  granted, 

iho  nature  (if  the  evidence  that  lias  been 

I,  that  it  is  admitted  as  fully  by  the  coun- 

Kbe  Bill  (as  if  they  had  said  so  in  ex- 

tcrma)  that  there  is  no  Ic^ral  evidence 

■^  bio  lordship  in  all  they  have  offered  ; 

tUs  extraordinary  method  of  proceed- 

I  llua  new  sort  of  evidence,  had  never 

X  Sf.    Nay,  I  am  sure,  it  is  a  sort  of 

-fM  Iboto  learned  gentlemen,  so  well 

I  ■aiiiodi  lud  Aotions  of  lavr ,  to  maia- 

Xtl. 


H' 


*»y.as 

J»Uy 

■ttry  e 

'If  Mich  a 


tain  so  naoy  gross  paradoxes,  which  have  not 
the  least  colour  of  a  legal,  or  even  a  reasonable 
e?idence,  and  would  never  l)e  allowed,  they 
well  know,  in  any  court  of  law  or  equity.  And 
tiiough  your  lordships  have  been  pleased  ta 
permit  those  papers  and  letters  to  be  read^ 
your  lordshi|is  did  not  (as  I  apprehend)  finally 
declare  or  determine  them  to  be  evidence ;  but 
were  willing  to  hear  all  things,  and  af\envarda 
judge  how  far  it  was  reasimable  or  fitting  to 
admit  tliem  as  ingredients  in  your  lordships' 
judgments.  And  whatever  opmion  your  lord« 
ships  might  be  of  on  the  two  former  Bills,  a» 
we  are  strangprs  to  them,  so  we  hope  we  are 
not  precluded  from  offering  any  thing  farther, 
why  they  ooi^ht  not  to  be  allowed  in  this  case. 
If  It  be  your  lonlshiits*'  pleasure  at  last  to  ad« 
here  to  that  opinion,  or  to  resolve  tbe  like  in 
this  case,  we  must  submit. 

If  there  is  any  thing*  certain  in  hiw,  or 
agreeable  to  reason,  it  is  ibis,  that  in  all  cri- 
minal charges,  the  e?idence  ought  to  lie  clear 
and  positive;  and  that  the  higher  and  more 
heinous  tbe  nature. of  the  charge  is,  the  more 
clear  and  undeniable  the  evidence  ought  to  be 
by  which  a  man  is  convicted.  Now  1  beseech 
your  lordships  to  consider  at  ono  view  (as  far 
as  it  is  possible  in  such  various  and  perplexeil 
facts)  the  methods  made  use  of  to  prove  bis 
lordship  guilty,  and  what  they  have  offered  lo 
your  lordships  umler  the  name  of  evidence. 
>Vhere  words  have  been  capable,  and  some-, 
times  where  they  have  not  been  capable  of  two 
senses,  an  arbitrary  and  invidious  interpretation 
has  been  put  upon  them.  Where  words  have 
been  plain  aud  nroper  for  the  occasion,  and 
which,  considered  separately  by  themselves,  it 
was  impossible  to  put  a  criminal  gloss  u^ion, 
the  uritcr  is  supposed  to  have  some  mystcrioua 
meaning  or  double  entendre ;  or  else  tbey  are 
complicated  and  thrown  together  with  those 
which  will  infer  some  criminal  meaning.  In 
other  letters  the  names  and  words  relative  to 
men,  are  supposed  to  be  used  for  those  of 
women,  and  the  proper  and  usual  appellation 
of  women  for  those  of  men ;  and  because  one 
fictitious  name  will  not  answer  all  they  would 
have  it,  the  names  arc  often  shit^  ;  one  and 
the  same  |>erson  is  supposed  to  pass  under  seven 
or  eight  different  denominations :  and  often  two 
or  three  names  in  the  same  letter,  within  the 
compass  of  two  lines  one  to  the  other,  are 
urged  to  stantl  for  the  fsame  {H-T^on.  Somo 
letters  which  are  writ  of  another,  and  speak  in 
direct  terms  of  a  third  person,  they  would  have 
to  mean  the  writer  himself,  though  as  often 
without  any  name,  date,  subscription,  or  sur 
|)erscriptiQn  at  all.  Books  of  account,  manu- 
scripts, anil  common  mercantile  terms,  which 
S'*eui  proper  for  the  |ierson  and  the  occasion  of 
the  correspondence ;  aud  the  name  of  stocks^ 
which  every  one  know  the  true  meaning  of, 
and  carrit-s  all  the  appearance  of  reality,  are 
very  particular  and  exact  in  the  current  prices 
at  that  time,  by  a  new  kind  of  metaphor,  are 
to  be  taken  in  an  ill  sense.  Others,  which 
are  only  to  be  iofonucd  of  the  diftemper  uf  e 


Ml] 


9  GEORGIA  I.  Pr^cȣng9  ag&ha  BUhep  AHerhmjf         [SSI 


Irtend,  tbe  variatioiifl  which  happen  hi  it,  and 
the  opiDion  of  doctors  upon  it,  by  a  straofe  and 
wbitranr  coastniction  are  applied  to  ezplaio 
Tery  different  purooiea :  and  as  if  they  were 
sospidoas  even  or  their  own  susiiicions,  and 
dtstmstibl  of  these  explanations,  they  call  in  for 
aid  several  di^ointed  fragments,  extracts,  and 
■craps  of  papers,  which  no  man  hut  themselves 
«an  tell  what  to  make  of;  and  when  there 
bappen  to  be  some  words  which  cannot  he  re- 
conciled with  such  a  construction,  or  the  oses 
which  they  would  make  of  them,  they  are 
totalljT  omitted,  and  we  are  told  they  are  sot 
material,  or  not  yet  decyphered,  or  not  legiMe 
io  the  original,  but  your  lordships  and  the 
world  must  intend  them  to  mean  something 
criminal. 

My  lords,  if  such  foreign  suppositions, 
glosses,  and  intendments,  such  unnatural  con- 
struetions,  false  inferences,  and  innuendos,  are 
to  be  admitted  as  evidence,  and  deserve  the 
dame  of  proof,  I  must  confess,  they  have  given 
yon  some.  If  the  whimsies  and  conjectures 
of  decypherers,  the  hearsays  and  reports  of 
third,  fourth,  and  fifth  persons,  are  to  take 
plaoe  in  your  judicial  proceedings,  instead  of 
that  plain,  honest,  and  positive  proof  which  (he 
law  rec^uires ;  or  if  the  number  of  facts  and 
the  variety  of  circumstances  could  make  them 
alter  or  exceed  their  nature,  I  must  confess 
they  have  oflered  some  things  worthy  of  your 
lorjubifis*  consideration. 

But  if  it  were  your  lordships'  pleasure  to 
construe  things  according  to  the  most  natural, 
|4ain  sense  and  import  of  the  words,  as  others 
woold  have  understood  them,  and  in  such  a 
•ense  as  the  writer  'probably  meant  them,  or 
in  that  just  manner  which  your  lordships  have 
bitherto  done  on  criminal  prosecutions,  no  one 
can  say  they  have  shewn  one  degree  of  legal 
0^  reasonable  evidence,  to  prove  any  one  sng- 
gestion  in  the  Bill.  This  I  most  humbly 
assert,  and,  I  think,  no  one  can  disprove  my 
assertion. 

Thus  fiir,  in  general,  of  the  proofs  that  have 
been  offered;  Imt  I  shall,  ondrryour  lord8hi|is 
favour,  speak  now  more  particularly  to  them, 
and  shall  be  so  far  from  abridging  or  alkling 
over  any  thing  that  has  been  said,  that 
I  am  willing  every  thing  those  learned  gentle- 
men for  the  Bill  have  been  pleased  to  offer,  or 
that  honourable  committee  have  observed  in 
their  Report,  should  have  its  full  weight,  and 
be  put  in  the  strongest  hght  against  us. 

It  has  been  observed,  that  there  were  three 
several  methods  and  times  fixed  Ibr  the  exeea- 
Ijon  of  this  intended  conspiracy. 

The  first  waa  to  have  procured  a  regular 
bodr  of  foreign  forces  to  invade  the  kingdom 
at  the  time  of  the  late  elections,  which  was 
from  the  middle  of  March  to  the  middle  of 
April,  178S. 

But  have  they  shewed  yoor  lordships  any 
•videnee,  or  even  one  passage  in  tbe  Report  of 
that  boDOvrable  committee,  that  particularly 
cbaigea  faia  lordsbip  with  bcbg  p«ivy  to  any 
CM.  of  than  thnc  MgDS  thns  geiienHy  and 


his  secretary  and  Mr.  Kelly ;  wMcIl  f^ 

ys  being  something  ambiguoiia,  are  hriv- 

preted  in  an  ill  meaning,  by  bearscjc  iM 


roundly  affirmed?  He  ia  not  dMrgisd  whh 
bemg  privy  to  either  of  the  three  ametiaisli 
the  regent  ibr  ibrces.  The  onljT  pasngathrt 
can  be  pretended  to  contain  any  impotaiaA  sf 
that  kind,  is  in  the  letter  sign^  ISST  to  Jad;* 
son,  which,  they  say,  there  is  ftrnmrn  take 
Keve  was  from  my  lord  bisbop  to  the  Flp^ 
tender :  but  this  we  hone  u  the  cooiae  of  m 
evidence  effectually  to  cKsprove. 

The  second  desi|rn  waa  to  have  nade  an  a^ 
tempt  at  tbe  time  it  was  beKeved  bis  n^irtf 
would  go  abroad ;  but  all  that  is  insiMMiiBd  ■ 
rehition  to  his  tordship,  is  contained  in  ttm  m 
three  obscure  passages  relating  to  one  JsM% 
in  letters  sakl  to  have  passed  betwees  JMn^ 
or 

sagesl 

preted  in  an  ill  meaning, 
Neynoe  and  Fancier  and  Plunkett^airnkKf 
Imt  cannot,  without  the  greatest  abauidiy,it 
thought  to  relate  to  his  k>nhbip. 

Two  of  these  passsges  relate  to  i  Liciihaii> 
of  money,  which  they  insinuate  the  biibip 
was  to  furnish ;  but  it  amounts  in-  the  vMe 
to  no  more  than  the  bare  hearsay  af  act 
man,  and  an  arbitrary  interpretatkm  cf  9mm 
expressions  in  the  letters  of  two  athctiy  (la 
either  of  which  his  lordship  baa  not  uilb 
least  been  proved  priv^  ;)  and  the  whole  d^ 
pends  upon  a  supposition,  that  Jones htn^wtt  ; 
elsewhere  in  the  oorrespondenoe,  means  Uai' 
which  depends  agam  upon  another  maffmh 
tion,  that  the  Bishop  dictated  thoae  thi  aa  It  it 
of  the  20th  of  April,  one  of  which  nt  mgmk 
Jones  ;  a  supposition  whioh  we  hope  Ithamlt 
to  prove  absolutely  false,  and  by  that  OMMt 
shake  the  foundation  of  the  whole  charge. 

The  other  passage  is  in  a  letter  from  DiMfr 
secretary  to  kellv,  about  Jonea's  fitting  aii 
providing  himself  with  saddles ;  which  M  lbs 
same  methods  is  explained  to  mean  soUmi 
and  regiments  which  his  lordship  is  aa|ipoNi 
to  have  undertaken  to  procore :  and  t  Ibl 
words  are  to  be  taken  in  that  aenae,  and  ip- 

Cied  to  him,  he  must  likewise  be  anpuasei  IP 
ive  undertaken  to  be  at  the  headoitbsat 
which,  considering  his  lordship's  funeUon,sf% 
and  infirmities,  is  so  absurd  and  ridicalii%! 
that,  instead  of  apending  more  ^  ^[O?'*'^!! 
shins'  time  iu  answering  of  it,  I  '  " 
make  use  of  it  hereafter,   aa  one  in 


(among  many  others)  to  shew,  how  meeb  tyfv 
are  mistaken  m  affirming,  that,  wherever  JaMIs: 


is  named,  his  lordship  is  to  be  un 

The  third  and  last  design,  though  1  bmI* 
confess  the  roost  enormous,  if  it  wcra  inHt^ 
because  part  of  it  was  the  seizure  of  hk  ■•*. 
jcsty's  person,  was  to  have  been  put  in  enacv* 
tion  at  the  breaking  up  of  the  camp.  Bnl^  I' 
am  sure,  there  is  not  one  the  least  hint  tbrosgh*; 
out  all  this  voluminous  affair,  that  hk  lim 
ahip  was  concerned  or  privy  to  that.  * 

And  therefore  it  is  surprizing  to  think  f^ 
what  grounds  his  lordship  can  be  (aa  hel 
the  praamUe  of  tbcBiU)  cbH^cd  wiifci- 
been  deeply  concerned  m  ibnnln|^  9pr 
thk  conapbncjs  wkloh»  arjip 


t  ^hers^/or  a  Trsasonable  Conspiracy, 


17*2% 


[534 


of  Ihoflse  three  se? ere) 
rounielt  iude«(l,  Tor  tlie  HiH^ 
ared  by  ilivers  irtetlio***  ftiul  re«- 
iame  little  cHT.iiinstntK'egf  and  seem* 
rititiat,  to  cthar^*  upon  bi«  li>ni&tiip 
'  I  t  correstKHidence  r  and  iboy 
[reduced  It  these  four  licftds: 

ietten  tuid  to  lie  dictated  by  his 
rote  by  Relly  lo  lord  Warr, 
tb«  Pretender, 
ktlen  laid   to    be  wrote   to  the 


'iotiileaieesof  circumfttAEicest  times, 
in  the  itilercetited  corresp<indeiicv, 
I    beb^f  M*  the    before- uk til t(»ned 

tupposed  facts, 
idi  1  sbatl  rodeairotir  lo  give  Bome 


I  enter  upon  tl»eee  p«rticiiUr«, 
loobeerre  to  your  lordnbifia, 
€vide«ee  i«  to  be  countfrnaoced,  it 
ipwer  of  etiy  ti^o  incDt  tlie  one 
lOlliar  be3*oml  sea,  cfciiing^  m  ac* 
mcunittaiicesand  niotioDf  of  a  third 
1  ATtiftcia),  ititeroepted  corres[iODd> 
m  what   siMpietuna  of  bim  they 
yet  he  be  all  th«  while  innocent 
of  what  is  doing.    Whetber  that 
lirre,  I  shaU  allerwarda  aubaait  to 
i'judgvienla. 

Hiibarkable^  that  in  all  the  in- 
to and  fro,  there  are 
ifm  or 'Hfscnpttoaa  which  any  waya 
to,  or  of  whom  tbey  are  written,  but 
De  which  iirc  sapposeti  to  relati?  to  hia 
and  in  ihem,  as  the  counsel  obsenre^ 
laaid  and  done  in  such  a  manner,  and 
cUvamstancec,  as  lead  di* 
and  him  only,  Aod  this  being 
im  th«  eaatioD  and  reserve  prac- 
tn stances,  fsarries  ifi  it  some 
ka  of  fraud  and  cootrivanoe. 
1  humbly  apprehend  to  be  the 
lae  theve  baa  been  no  proof  of 
meelioga  or  oooaultatiions^  with 
lowanU  carrying  on  these  de- 
m  a  man  can  oonapire  with  him- 
natf  except  that  it  is  barely  ai* 
«  membor  of  the  UuHurd  club  ; 
i«aenioD  tkat  iMOOutublc 
Me  of. 
icttt  wbiefa 
»  ptvoiw  (tbo«fti  said  to  be 
\  Ias  ainee  met  with,  is  now 
aa  to  need  no  manner  of 

•i  JMily  obserre,  that  titere  is 

ttiis  reverend  prelate  of 

ar  espraasitio,  ^tum  the 

If'a  aeoeaaton  to  the  throne ; 

(as  your  lurdahitMi 

» my  pariicutar  about  lie 

nsf  el  the  totb  of  Jitoe, 

I  ftre  tfacm  an  account  of 

Inr  UfetlMT  s  aod  Ibviagb  alt  his 

f  «iM,  AOl  <#•  Icltar,  ar  paper, 


under  bis  own  hand,  produced  of  a  criminal 
nature^  or  pretended  to  hnve  been  aeeii  or  in- 
tercepted. Not  any  one  letter  intercepted  that 
is  pi^tended  to  bate  been  written  (o  him»  much 
less  any  proved  to  have  been  received  by  him, 
the  matter  of  which  appears  to  be  treasonable, 
or  any  ways  criminaL  My  lordn,  I  must  own 
a  (j^e^t  crnseqt]«;nce  is  drawn  by  lliat  ho» 
nourahle  committee,  because  a  gitiai  quantity 
or  letters  and  papers  were  found  dateii  before 
the  year  1712,  This  very  objection  was  mode 
in  the  accusation  of  bis  lordship's  worthy  pre- 
decessor, aiK)  a  slight  answer  saiiatied  bis  exa* 
nunauts  ;  and  the  plain  reason  is,  that  his  lord* 
ship  at  that  lime  had  a  aettled  eorrc-spondenci 
with  many  eiriiueot  men  on  matters  of  learn* 
log,  which  he  esteem eti  so  valuable  as  to  pre- 
serve :  but  since  the  finishing  of  Lboae  coa- 
troversies,  be  had  ftesa  occasion  to  write,  and 
bis  lordship's  merits  having  called  bim  up  to  a 
more  high  and  busy  station,  he  had  less  oppor- 
tunity lo  write;  and  he  that  writes  hitlc  will 
receive  but  Uttle.  From  thot  year  therefore 
(they  jttttljr  obecrve)  few  of  any  consequence 
were  found,  and  even  those  lew  (if  no  other 
than  what  are  printed,  and  as  yet  produced) 
we  beg-  leave  to  say,  are  of  no  consequence  at 
all,  to  support  the  inference  drawn  from  them. 

The  first,  I  think,  is  from  a  great  lady  ;  but 
so  general  and  uncertain,  that  it  does  fay  no 
means  warrant  the  conclusion  drawn  trom  it : 
for  it  does  not  so  much  as  appear  to  hate  beea 
a  letter,  or  what  it  was  that  was  end  cued. 
And  I  beseech  your  lordships,  what  more  cait 
he  inferred  frorii  captain  iialstead's  iKter,  the 
contents  of  which  are  no  more,  than  that  a 
neighbour,  as  captain  Hiilbtcad  was  to  the 
Bbhop,  desires  leave  to  dine  with  bis  lordship 
on  a  Thoraday,  which  wits  his  public  day  in 
company  of  ^  other  people  ?  1  must  conlese 
they  have  laid  a  stress  upon  the  character  of 
the  man  in  their  opening  ;  but  nothing  more 
has  been  proveil,  than  that  he  was  in  a  ship  by 
some  name  different  from  his  own.  Another 
letter  that  was  said  to  he  found  ainoog  his  lord* 
•hip's  papers,  wus  that  directed  to  Uutioia* 
But  this,  my  lords^  I  shall  beg  leave  U>  reserva 
for  a  ODore  proper  occasion, 

I  sliall  now  c«Kisider  the  four  several  cliargea 
against  the  Btahoa  :  And  the  first  arista  frooa 
Neynoe  and  Fancier's  inftirmatioos,  all  oera 
hearnays;  some  from  livin^n',  aod  sumefroma 
dead  person;  but  positively  and  capreailv 
denied  by  the  living  p<irson9,  from  wbooB  audi 
informations  are  supposed  lo  liave  cooM. 

All  that  Pancier'a  taibnaatiociB  si^,  rdatio|r 
to  this  reverend  prelate,  is,  that  one  Hkeenetold 
him,  that  the  bisho[»  <d'  Hocbesier  had  iba 
principal  direction  of  the  eoui^piracy  ;  and  that 
900,000/.  had  been  raised  and  put  into  hia 
management.  This  Hkeene,  it  seems,  is  still 
in  custody,  and  your  brdiftbips  will  bear  boir 
far  be  will  support  this  charge. 

Though  the  very  aecnaatm  itaalf  wa  b^^ 
leave  to  call  absurd  and  iooredillif  UmI  aooh  • 
mm  of  ii»oney  aa  200,000f.  oonW  be  raMNl 
aad  dapotttadiB  tMs  oMUi'k  liuda,  and  not  j«t 


I 


I 


S35] 


9  GEORGE  I.  Proceedings  afrainst  Bishop  Aiterbury^         [53D 


traced  up  to  some  of  the  contribntors,  or  to  the 
hand  where  it  was  depobited,  especially  irheu  it 
19  eharflrefl  upon  a  person  not  used  to  deal  in 
merchandizes,  or  remittances.  Thouj^h  the 
counsel  for  the  Bill  have  slid  over  this,  yet  be- 
inpf  often  repeated  in  the  Re|M)rt,  as  if  there 
liad  been  some  weight  in  it,  1  thought  myself 
eblijred  to  take  notice  of  it,  though  it  is  so  in- 
credible, I  contisss,  that  it  is  scarce  worth  re- 

DlOVlDfir. 

Of  Neynoe*8  informations,  your  lordships 
may  observe  there  are  four,  but  none  of  them 
sworn  to  nor  sii^ned ;  and.  it  was  expressly  rc« 
solved,  in  lord  Awiley's  Case*,  by  all  the  judj^es 
of  England,  that  no  examination,  without  oath, 
ought  to  be  read  except  of  the  party  himself  that 
is  tried.  They  are  all  either  of  a  date  sub- 
sequent to  his  lordshi')'s  comraitmcnt,  (and 
therefore  till  then  thought  inconsiderable,  and 
not  worth  reducing:  into  writing,)  or  else  they 
sre  of  no  date  at  all.  One  of  the  two  without 
•  date  appears  manifestly  to  have  been  taken 
sfterhe  was  seieeil,  and  brought  up  from  Deal 
in  September,  which  sufficiently  shews  what 
just  distrust  there  was  at  that  time  of  his  cre- 
dit ;  that  on  the  S7th  of  September,  was  on 
the  day  before  be  drowned  himself;  and  both 
when  he  is  known  to  have  been  under  the 
f^atest  terrors  and  apprehensions,  in  that  he 
ivas  not  able  to  make  good  what  appears  by 
the  paper  (marked  £.  11,  and  found  ailcrwirds 
in  his  pocket)  to  have  been  undertaken  by  him, 
or  required  of  him.  It  is  not  said,  as  to  one  of 
bis  examinations,  before  whom  it  was  taken : 
Another  of  them,  anti  the  only  one  they  now 
think  fit  to  make  nse  of,  is  an  extract  only 
from  three  other  papers,  and  said  to  contain 
Ibe  snbstance  of  them  ;  but  the  papers  them- 
selves, out  of  which  it  was  extracted,  do  no 
where  appear.  And  there  are  some  particulars 
in  the  Report  of  that  honourable  committee 
which  he  is  said  to  have  confessed,  which  do 
Bot  appear  in  any  one  of  these  examinations, 
and  are  of  such  a  nature  as  to  affect  the  credit 
of  all  be  said,  and  (if  produced)  would,  we 
doubt  not,  in  other  respects  entirely  blast  the 
eredit  of  bis  testimony.  And,  my  lords,  if  the 
examination  of  a  man  is  thus  taken  to  pieces, 
the  antecedents  and  the  consequents  left  out, 
treason  (and  what  not)  may  be  made  and  in- 
ferred from  the  most  innooent  things  and  ex- 
pressions. 

But  his  examinations,  even  as  they  be  in 
the  Appendix,  are  full  of  inconsistencies  and 
absurdities:  Inconsistencies,  I  mean  not  only 
with  Fancier's  and  the  de|M)sition8  of  other 
persons,  but^ven  with  themselves.  For  Fan- 
cier says,  little  passed  in  writing  in  the  con- 
duct of  the  whole  affair :  Neynoe  says,  there 
were  many  bundles  of  letters  that  Mr.  Kelly 
brought  with  him  from  Franoe,  and  which  be 
bad  seen  him  write  at  several  times.  But  yet 
they  are  much  more  inconsistent  witli  tbeoi- 
aulvfs  ;  for  instance,  Neynoe  says,  in  his  esa- 
viination,  marked  £.  ?,  that  bs  had  wmk  w^ 


•8eefQL3,p.dAk 


T»^ 


veral  Hters  written  by  Kelly,  and  sent  to  bin 
from  Faris,  and  otiier  parts,  but  they  never 
contained  any  thing  material :  And  yet  in  E. 
8,  be  says,  that  he  had  seen  several  cyphers  of 
Kelly's,  ond  seen  him  make  use  of  them ;  tad 
that  Kelly  with  great  freedom  acknowledged 
they  were  for  carrying  on  the  oorrespoDdcsoi 
with  the  Pretender's  agents.  Whereas  k  ii 
utterly  incredible  that  a  man,  who  bad  rnMj 
been  so  communicative  in  his  discourse,  asdiT 
his  cyphers,  should  yet  be  so  reserved  as  li 
hide  from  him  anything  material  to  his  letten. 
I  n  the  very  same  examination  (he  says)  be  wm 
well  acquainted  with  one  Watson,  i.  e,  the  fate 
earl  3Iarishall,and  lay  several  nights  wtthhai; 
but  after  all  his  intimacy,  at  last  it  comsi  tit 
that  he  did  not  know  really  who  he  was.  Thm 
are  some  other  inconsistencies,  which  hwt 
been  already  taken  noticcof  by  sir  GboSbMliM^ 
which  I  shall  not  repeat. 

But,  my  lords,  it  the  persons  and  oredil  d 
Neynoe  and  Fancier  were  UDezceplioDabk^ 
yet  what  they  say  is  only  hearsay,  or  mereafif* 
mation ;  and  was  ever  that  allowed  as  cvidtses 
in  any  material  point  by  any  law,  or  is  asy 
court  in  the  world?  ft  is  expressly  resolved ■ 
the  Trials  of  Ldinghom*,  and  lord  Rsswl,  to  bi 
no  evidence ;  and  that  it  is  the  first  timeitcNr 
received  so  mudi  countenance  as  to  be  isad  ii 
judicial  proceedings ;  and  1  dare  say,  there  ii 
no  such  practice  in  the  courts  of  lm_  ' 
abroad.  Even  common  fame  and  rep 
is  but  of  little  weight  in  any  case  that  I  i 
of.  It  may,  my  lords,  be  a  sufficient  gi 
for  an  officer  of  the  peace,  in  some  few  omH| 
to  arrest  a  person,  or  for  a  vigilant  ministry  to 
make  enquiries,  i.  e,  to  accuse  or  apprehcw; 
but  was  never  yet  allowed  to  be  a  guide  ia  jo- 
dicial  proceedings,  or  to  condemn  any  naa  ia 
any  criminal  case  whatever.  But  even  wbca 
the  CoDMnons  (in  the  case  of  the  duke  of  Buck- 
ingham, 1  Car.  1}  had  declared,  that  ooDBia 
fame  was  a  good  ground  of  enquiry,  it  wif 
complained  of,  and  the  Commons  aftefwardi 
receded  fr9m  it,  and  proceeded  upon  thect* 
amination  of  witnesses,  and  other  evideneeii 
and  in  every  article  of  their  accusation  theptf- 
ticular  facts  are  expressed.  Much  less  vil 
your  lordships  allow  the  hearsay  of  one  sisglt 
man,  and  only  extraets  of  that  hearsay,  to  be  flf 
any  weight,  nay,  to  be  of  more  weight  and  aolhs* 
rity  now  be  is  dead,  than  if  he  were  living ;  ftrif 
be  were  living  and  could  only  depose  by  heuisyt 
no  one  surely  can  say  it  would  be  admitted  tf 
evidence ;  but  since  he  is  dead,  and  ws  hafsH 
opportunity  of  cross-examining  of  him,  «bf 
ought  not  bis  lord>hip  to  have  the  advasiif* 
of  it,  as  was  resolved  in  the  casc^  of  the  lUiC 
against  Pain  ?f  Or  like  the  known  case  ef  ft 
man  dying  in  execution,  the  law  is  i 
and  his  creditor  is  without  remedy? 
cannot  be  denied,  hot  if  oos  of  ouri 
bad  disd,  and  a  ptisoo  bad  I  ~ 
wbH  bo  coulAnj.  «•  r 


mtd  ethers,  for  a  TfemonahU  Conxpiroci/^  A,  D,  1723*  [53S 


lICitiQiODy;   anil  where  tliere  Is 

~  i«  ihere  mi(fh&  io  justice  lo  lie 

nd  coii8triiction*     And  ytft  thi« 

Son  and  suppart  of  the   whole 

un^  hi«  tordsUtp,      It  is  upon  Ihis 

It;  -   jjirtj^yly  th«t  it  is  nftirmeil» 

i»s  untruths,  that  the  Fre- 

^    upon    adtic(.-s  from  the 

Oni  any  olh^r  persons.       But 

irv  ('\\t'  U  in  llierw,  with  sub- 

.imonntii  to  no  more 

us  heard  to  my^  whni 

k.eUv  8Jry,  what  Kelly   must  have 

oib«r  person^*  say»  what  tliey  hud 

tnder  say,  what  Jieilher  ihey, 

le,  mer  had  rtinsoD  to  say, 

•y  Tordi,  there  is  istill  something  more 

t  iti  whxt  iH  now  attempted  ;  for  the  per- 

1  Il'I  tiiey  heard  aU  this, 

it  niu!>t  all  be  retiolv- 

:  '   are  SO  far  fi'om 

I  I  hey  have  heard 

t  i,,,  y   *..,..,*..,  ly  deny  and  con- 

T  iiftl  of  it.     Oneof  them  lius  al- 

I  if  my  instructions  gre  true)  in 

n  manner  Jt  y»tu' lordships*  bar^ 

J*  now  ready  to  do  the  an  me. 

i  waa  «o  conRnuus  to  himself  of  Ihe 

[whftt  he  l»ad  said,  that  he  lo«t  hi«  life 

punishment  that  mtj(ht  o1herwi<Ee 

I  *in  hjm,  (for  his  ili<£ht^  my  lords, 

^  her  sense  a r  construction.) 

J  !►  tend  himself  in  danger,  if 

riiAd  said  viafltrue;    but,  on  the  con- 

had  remKin  to  expect  rewards,  if  he  could 

MA  the  truth  of  Ids  inforiuatioii.    Charity 

At  DOW,  my  lords,  to  say  any  more  of 

nJcaa  it  be  thouj^ht  requisite  to  prove  the 

nf  liijt  information  by  his  own  free  and 

Uy  coof«stiionf  oikn  repeated  and  con- 

'  W  atfrnngert  and  indi^erent    persons. 

fmv  in^truciionsare  true)  we  have  those 

1  rtilly  to  it. 

lid  the  principal  part  of  their 
wo  lake  away  thiii  foundation, 
I  y  «»pef»tr«rture  raided  upon  it 

the  (ground,  and  all  ttiinr  «nirrobo- 
iSkm\  concurrent  circumstances  mu^l 
bing. 

ad  head  of  arcuaation  against  his 
^  !^npposed  to  be 
.  of  April.     The 
;tin .  ,  1  ".-  ■        ."iii.'d  by 

nit  of  J  -rave, 

nrl^i  M.i..t  ->j4.,r,;  ;,i,,it;npij ,  n  liurd  to 
HI.  wrplaincd  tft  mewn  the  Preteodf r, 
I  laia,  ami  Kom«tjmc«  it  in  printed  lliiM  ; 
Mnifota  which  of  thcae  two  ia  ri*jlil  1  c*n- 

»p«i»*C"'  i:^theQitelf«i,  I 

*  the  tnsBDiir  of 

*  re  Kaid  to  be  enclosed 

n  nf  HiMdnjfne,  in  a 

finary 

yaay 

^  ^     TUiH  IS 

leooames 


^i< 


they  are  pleased  to  give  bim,  he  eould  bethink 
htinself  at  that  time  of  w»  idlier  name  to  sign  m 
letter  enclosing*  three  of  the  utmost  coDne* 
quenoe;    and  is  no  incni  iih  that  cait* 

tion  ami  Bohtlety  all  a  I  i;)ted  in  this 

corre*^»ondcnce,  ihdtit  jiidii  >♦  rurds  no  coiifa* 
tat  ion.  But  yet  (if  my  instructions  are  true) 
Mr.  Gordon,  to  tvhom  tlit^y  nre  paid  to  bate 
been  directed,  and  ihe  only  niditff  nut  person  in 
the  case,  and  can  Ik*  utid»>r  no  soriof  iuflueooe 
from  kience^  has  attestetl  upon  his  oath,  that 
there  was  nb  such  letter  or  packet  ever  came 
to  his  hands. 

And  snpposiog  these  letters  were  sent^  at 
they  suppoiif ,  to  the  persons  they  suppose,  and 
dictated  by  the  persons  they  suppose  ;  is  thert 
one  passage  in  them  olsuch  a  criminal  import, 
as  would  be  sufficient  to  found  an  indictment  at 
law  ?  If  there  is  not,  they  are  not  to  be  made 
criminnl  by  arguments,  innuendoes  and  impli* 
cations.  The  case  of  uir  Samuel  BarnardistoD| 
already  mentioned  by  sir  Constant ine,  is  ex- 
presiily  io  point ;  and  the  reason  given  for  th« 
reversal  ot  that  judgment  (as  appears  by  your 
own  JouruaU)  is,  because  the  iutbrmalion  was 
groumliHl  upon  letters,  which  in  tlK-mselvei 
were  not  crinunal,  but  made  so  liy  innueodoea 
and  forced  constrtiotiona.  Thfrt**  is  Crosby'a 
case  to  the  same  purpose,  before  the  Conn  of 
King's- bench,  in  Ihe  year  1695,  who  was  in- 
dicted of  treason  ;  and  the  ovf  rt  acts  laid  in  the 
indictment,  were  tor  invitm^  the  French  king 
to  invade  the  kingdom,  and  by  sending  letter* 
and  instructions,  tiow  and  where  to  make  the 
descf'nt.  Though  the  Court  thought  his  hand- 
u riling  was  proved,  Mud  the  mutter  of  iba 
papers  of  a  very  oild  and  suspicious  nature,  and 
tlie  French  king  frwjuently  mentioned  in  them, 
and  the  indictutuit  supposed  them  to  be  coit- 
trived  for  to  invite  him  over ;  yet  they  held  it 
not  treas<»n. 

And  the  chief  thing  that  gives  any  ground 
of  fciispicion  in  this  case,  is  the  person  to  whom 
they  are  supposed  to  he  directed  :  but  I  must 
submit  to  your  lordships,  that  there  has  been 
no  proof  (hat  cither  Chi  vers  and  MusgraVG,or 
J II  oka  on,  are  the  very  perMjus  supposed,  or  that 
tits  lurdNhip  was  privy  to  the  wriimg  of  one,  or 
the  other  of  them  ;  nor  ore  ihcy  capable  of 
proof,  as  we  hope  immediately  to  make  appear. 

tJowerer,  for  the  present,  supposing  as  they 
have  supiHi«icd,  that  Cbivert  and  Mumfrafo 
mean  Ddlon  and  IVIarr,  and  that  such  Icttcrt 
were  wrote  to  them  by  his  lordship  without  any 
ili!<guisc,  (unless  t'  -  tt^  .*»rr  of  llicm,  as  f  be* 
fort*  snid,  were  pi  nil)  or  unless  yoot 

lonUhipM  fiiii  HUp; ,-^  ,.icy  tsuppo^e)  somo* 

tiling  CI  iminal  contained  in  the  words  oot 
cyphrfc'd  ;  and  uu1e«s  it  could  have 
proved  that  the  pcrsuns  writing  or  dietnting 
these  letter*,  knew  them  to  be  tlie  Preiender'a 
u|;i^niM,  ati^f  us  Huch  addresscfl  io  them  ;  I  don't 
know,  my  lords,  bow  it  could  be  eoiistruefl  « 
tri'iisonatiiv  or  crnoinal  corretpoiideiice,  either 
within  the  Irtter  or  inieniiottcJf  iUt.  14  W.  3, 
c.  .1»  or  any  other  lu'v  v* hutsot^vcr* 

For  UioujfU  ihe  latti  iorU  Mill  ii  an  attabjtfti 


4 


4 


899] 


9  <jEORO£  L         Pheeedingi  agaimi  JBMap  JUerbmy^         [&|0 


IMnoOy  it  CM't  be  denied  VoC  lie  is  ttUl  iomao^ 
Mutes  a  salgect  of  Enfflend,  end  is  no  moredi- 
vested  of  liis  Batumi  allegiaiice,  tlMO  a  baDish- 
ed  or  an  outlawed  man :  and  thoogb  he  ap- 
peared in  open  arms  and  rebellioo  aninst  his 
in^jesty,  lie  was  not  thought  so  dreadnil  a  man, 
as  to  have  a  oorraspondoice  with  him  made 
treason  or  felonv ;  nnt  that  was  a  necnlhir  fa- 
Your,  resenred  m  tliis  rererend  prelate  and  his 
friends.  My  lords,  I  would  not  be  understood 
to  mean,  as  it  the  most  innocent  oorrespondenoe 
with  a  person  under  such  ciroumstaaces,  was 
prudent  or  conrenient ;  but  I  think  1  may  af- 
firm (even  from  the  clause  of  this  Bill)  it  would 
not  of  itself  ha?e  been  criminal.  But  (acoord- 
ing  to  my  instructions)  this  reverend  prelate 
was  little  known  to  that  lord,  and  never  had 
any  friendship  or  acquaintance  with  him  while 
in  England,  and  cannot  be  supposed  to  have 
contracted  such  a  friendship  since  he  was 
•hroad. 

That  Dillon  was  an  agent  of  the  Pretender^ 
nothing  appears  antecedent  to  these  letters: 
Bor  did  Marr  at  that  time  appear  to  be  one  of 
his  agents,  when  it  was  so  well  known  (as  that 
honourable  committee  observe)  that  he  was  at 
that  time  subsisted  by  a  pension  from  the  court 
•f  £ngr|)uiri.  This  pension,  indeed,  is  said  to 
be  stopt  Isst  August ;  but  the  letter  to  him  of 
the  80th  of  April  (by  whomsoever  wrote)  was 
some  months  before. 

Indeed,  if  Jackson  had  been  proved  to  mean 
the  Pretender,  the  writing  to  him  would  be 
high  trea»Mi  plainly  witbm  the  statute :  but 
that  the  Pretender  is  not,  and  cannot  be  un- 
derstood by  that  name,  we  hope  to  make  ap- 
pear fully«  before  we  have  done,  even  irom  the 
fights  that  honourable  committee  have  aflford- 
ed  ns. 

I  shall  next  consider  the  nature  of  the  proofs 
to  induce  your  lordships'  belief,  that  these  let- 
ters were  dictated  by  my  Lord  Bishop:  and 
the  first  they  offer  is,  because  the  matter  of 
them  agrees  with  bis  lordship's  circumstances 
at  that  time;  i.  e.  his  being  ill  of  the  gont,  and 
the  approaching  death  of  his  lady;  which 
(they  say)  is  morally  impossible  should  suit  so 
exactly  to  any  one  man  else.  These  two  dr- 
cnmstances  must  be  allowed  to  be  agreeable  to 
those  which  his  lordship  was  then  under :  but 
one  would  think,  my  lords,  they  are  circum- 
stances so  meUncholy  in  themselves,  that  they 
might  have  been  spared,  especially  considering 
the  little  use  or  advantage  that  can  really  te 
made  of  them.  But  these  cireumstances  were 
DO  secrets :  every  one  that  knew  his  lordship, 
must  likewise  know  them;  and  whoever  wrote 
these  letters  with  a  design  to  have  them  inter- 
cepted, and  imputed  to  him  (as  we  hbpe  to 
shew  the  case  really  was)  would  certainly  men- 
tion such  matters  or  dreumstanees  in  them,  aa 
might  be  naturally  thou^t  to  describe  him. 
Or  if  they  were  written  without  hblmowledge, 
j[as  they  will  be  cleariy  proved  to  have  becajh 
is  no  wonder,  if  the  writer,  who  patwani  Ui 
lordship,  should  insert  all  that  wan 


Anoilier  proof  that  they  wwa  dietaM  bytii 
lordship,  they  say,  is  from  the  snbaaiiptisa  tf 
the  names  of  Jones,  Illingum,  and  the  nonfav 
1378,  which  are  all  affirmed  to  denole  Ida  Isid- 
ship :  and  the  reason  why  thatiUMBbar  btlnngi 


only 


to  him  is,  beoanse  the  fweypherer 
that  nuBsber  to  denote  the  praper  MHM  or  Itts 
of  a  person  beginning  with  the  letter  ft.  If 
this  is  his  real  opinion,  must  that  aacda  ba  in 
Bishop?  Is  there  nobody  else  wfaoon  Man  « 
title  begins  with  the  sanse  letter? 
But,  with  submission  to  your  hNPdaUpi^  it 
gms  impossible  to  affirm  even  thoa  Mtdi  wij 

If  degree  of  certainty,  and  h  mm^  li 
y  matter  of  mere  ooniecture.  Dr.  IMI^ 
who  is  allowed  to  be  the  bther  of  tbenriM  , 
(such  as  it  is)  and  was  the  wonder  nod  mmm 
all  foreigners,  directly  owns,  thmt  the  vHi 
.was  built  upon  conjebtures ;  and  he  tfnlhai 
the  best  goess,  was  the  best  artist.  Batk^wf 
lords,  is  the  science  of  decyphering^.  AaMMI 
Booh  nnoertain  and  conjectural  nramiw B|  will 
certain  eondusion  can  poaaihly  he  dmrnft 
And  it  is  plain,  Mr.  WiHo  is  not  so  i 
he  pretends  to  be,  by  that  number  of  | 
not  yet  decyphered. 


*  This  reference  to  the 
would  have  been  more 
been  less  general.    I 
speaker  does  not  exhibit 
that  great  man's  sentimentB 
decyphering. 


-f-  ^ 


In  the  Oxford  folio  edition  of  his  Wsilf' 
(vol.  3,  p.  €59,Oxon.  1699),  is  the  foUtsM 
letter ;  which  seems  to  indicate  a  very  diAnB 
opinion : 

**  Epistolarum  CoUectio ;  Art  zr. 

"  EpistoU  WallisiiadD.  Menkeninm,  Ada> 
mm  Lipsicomm  Editorem,  de  Cryptognfha^ 
metis  explicandis. 

Ojonti,  Jan.  t  (11),  1695-7. 
"  Clarissime  Vir ;  Soribebam  anno  su] 


ad  D.  Ldbnitium  literas;  quas,  quia  et  la mm^ 
dantemus  spectant,  putarim  enm  earn  te  Mi 
commnnicaturum.    Adeoqne  non 
ibi  dixi. 

**  Post eas  misses;  inddebam  noperin'Ae-^ 
ta  Lipnca'  pro  menae  Junii  1086  qMS  qm — " 
jam   diu  fuerint  edita,  ego   nopenime 
Ibiqne  reperio  non  pauca  de  me  mdsi 
tis  benij^ius  dicta.    De  quo  rependo  ^ 

**  Ibique,  post  alia ;  de  expooendii  (aeiy  il 
loquuntnr,  dedpbrandis)  oecnite  scriptb,  wm 
fads;  petisqne, ntvdimqjnsrdpnMSplalB* 
dere. 

«*  Est  autem  ea  ma^i  bborb  stndiifnei*' 
magnoeque  (si  roibi  dieere  liecnt)  aagnoM 
et  que  certis  prnoeptis  oowprehandlnin  ffdf 
cam  ingens  sit  m  ciuhriicaiMiMHBdbfi^ 
(et  ym  cwidt  fa(Sm)<  U  faigmB  m^ 


Pnrf 


mtd  otken,firtt  Treasmehle  Catujmruejf,  A.D.I  723. 


C5M 


r  objection  first  against  the 
TMt  new  Aort  of  evidettce,  the  counsel 
^wm«  pleased  to  cite  a  statute  id 
Us.  time,  wherein  they  suiri  the  word 
■  meniiotied,     I  hive  since  looked  for 

annos  pli]9  i|uiD4^uaginta  (qiium  sim- 
fuerint  ciphrs  quain  nunc  dierum)  et 
ef)di»,  in  facili  ciphrR,  (i|uie  {irinia  (uit 
^u  nnqiiam  Tideraoi^)  quaro  duarnm 
apatio  tg|ieraTi, 

lea  Tern  tubinde,  ut  ferebai  occesio, 
m  mggrtMOj  res  successit  non  mate. 
id  non  ila  dictum  est,  quasi  apondere 
loncs  omnioo  eiphras  me  posae  dete^ 
|iflllg€tiim  (ftiveub  cipbras  nimif  per* 
Ifi^oilifif^  '  !  <:tura»  aire  ob  conjee- 
|9t  hi  >  <  ( iia)  tolertiam  meam 

t  non  uiviius  nguosco. 
»aDteQ)  anluum  Nit,  et  dffficultatis 
Iram  perplexam  (quates  sunt  nunc 
^icare  ;   Id  iHinen  Heri  poaaa  ut  vi- 
ik  multifl,  unam,  quaQi  apeciminis 
piitto*     Non  quidem  omnium  quaa 
n  contigit  diiiicilbmam  ;  talem  ta- 
seiatOi  an  ^uiscjuam  diffidliorem 
r)eiri>licnvertt 

Bnu  ^       bione  de  Be- 

nii  el  Kegis  Gal- 

I  r  ^atu^)  Ho  mam   niissa  ad 

Nu  I  Cuj us  exemplar,  idem 

tii  (ahi^  hteriH  iaclunum)  ex  PoloniA 
imaerat,  ad  March ionem  De  Croissj 
latJiof  !^eeretartum,)  quod  mi  hi  pridem 
manus, 

nntltetidam    selegi,    quoniam 
m  omnes  coisacii  ease  possint 
^fH*>^'m,  an  necnB. 

ibiis  uoo  numero  desig^- 

'  I  in  irit.iljirl  iioiinisi  eX  clr- 

aliui  ire  licet. 

P  «lio  fli  r  lud  recle 

im  fanlc  condnnabunr.  Nnm  ctScri|K 
I  (nuiti4*rum  pro  numero  ponentia,  cum 
rm  oculia  habuerit  cfavcm)  admti^a 
mm  iifuet.  Quod  cl  siepe  d^ri  solet ; 
mimm. 

I  Kabea,  primo,  epiitolom  ipaam, 

Buntur)  copitim  epistole,    (ctphrin 

Bt  ad  inanns  nieaiv  pf  rvenil)  fideti- 

]f^t  quam  ej^o  ijua  fece- 

.  (ubi  qii»  ^^ciijitoris  ad- 

if  i^'.  ;mt  omif^KA  siijtpleo,  sub* 

M(  lunqunm  diveiiNO  charactere 

hf  eanil^'Tn  cum  inlerUneari 

Bldc^na  qiJMl  qiiiH^ue  numerns 

f'litn    nduiJ!*-;!    corrrgOi    aut 

mi  iuieroun- 

}     Clarem  de- 

I  ca  rx  Umo  ojiwioll  cuUiiptur, 

p  per  mmm  ai&jfuU  pokria  exa* 

it  ?w  dcrWia»e^  nl  cttviosttatt 
TiiMi  ad  iiffiet% 
»^JoMaiiwB>  WaumJ* 

licki,  mUdk  §m  men* 


that  stattite,  but  could  fiml  nothiiif  ^  about  i|; 
aod,  perhaps^  may  be  miatalicii  in  tbe  ttaiut* 
whicii  they  mean.  But,  fnf  lords*  1  am  aiife 
they  did  not  toeotton  any  ^rlicalar  Ukl^ 
wliere  it  waa  e?er  beard  of,  or  alb««d  wk  «fri^ 


tioned  in  tbe  letter ;  and  afler  tbem^  otbtra  mr 
tnilar. 

Hoadly^in  a  letter  of  BntaDDtcns,  printed  in 
the  LnnJon  journal,  August  loib,  l7'23|  makea 
the  fiillowin^  remarks  on  this  part  of  Mr. 
Wynne's  argument : 

"  Thia  way  of  repreacnlatioij  is  not  at  all 
enact*  Dr.  iValtia  was  a  Tery  great  maD  ia 
all  resfiects,  and  a  very  ^rrat  moKter  of  decy- 
pbenti^ ;  hut  never  could  be  thought  to  he  the 
rather  of  an  art,  which  was  in  beiog  many  hon* 
dred  years  before  he  was  bom.  He  knew  it 
anil  had  experienced  the  truth  of  it,  in  a  multi- 
tude of  important  trials,  too  well^  to  say  that 
tbe  whole  was  built  upon  conjecture  ;  in  any 
such  scDM,  as  would  repreiseDt  it  a  mere  ima- 
ginary, slight,  deceicful  atl.  In  another  seiise^ 
it  may  indeed  be  justly  said  to  be  founded  unoa 
conjecture;  as  the  tirst  trial  of  an  artist  to  fioil 
out  the  key  to  a  cypher,  may  be  called  conJ€c<» 
ture,  or  guess  ;  which  conjecture  be  tries  by 
his  rules,  applied  to  the  whole  writing,  and  does 
not  receire  it  as  truth,  considered  as  his  con* 
jecture,  but  only  as  it  shall  be  foimd  to  answer 
exactly  in  all  respects,  applied  accordiog  to  the 
rules  of  his  art.  If  it  does  tiot  so  answer,  be 
has  recourse  to  another  sod  new  conjecture, 
tilt  he  meets  with  one  that  does ;  or  till  he  linds 
by  the  same  art  the  di^oorery  to  be  I m possible* 
But,  indeed,  the  whole  of  this  is  a  satire  upon 
Or,  Wallis,  under  the  pretence  of  a  compli* 
ment.  For  he  little  deserreil  to  be  stiled  tJta 
wonder  or  envy  of  foreigners,  or  the  admiratiua 
of  bis  own  countrymen,  if  he  could  spend  so 
many  weary  hours  of  hard  study,  in  an  art, 
whicl)  he  himself,  according  to^  51r.  W,  muat 
have  esteemed  so  contemptible,  as  to  be  nn* 
worthy  of  a  wise  man  ;  and,  assisting  the  stats 
in  d  1^0 verier,  which  it  must  have  b^n  unwor* 
thy  ufa  ^^od  and  honest  man  to  hare  ibme^ 
if  he  had  mought  them  founded  upon  nothitig 
but  vain  conjecture,  and  uncertainty/* 

By  what  accident  Wallis  was  led,  in  lC4f, 
to  direct  his  attention  to  the  art  of  decypheriiig 
is  related  in  his  letter  to  Dr.  Thomas  8niitb» 
diitedXm*  tf^t  1606-7;  which  i>*  printed  in 
Hcarnc^s  Appendix  to  his  Preface  to  Peter 
I*angtoft*«i  Chronicle.  This  letter  is  the  (tonrce, 
from  w  hie  It  sre  derivetl  most  of  the  particutars 
com*  "    "  1  Uitned  in  the   account 

whir  in  the  Ceneral  Die- 

tionarv  iitjiuiJL'ai  nwi  triMcaL 

In  Davys^s  £ssay  on  the  Art  of  Decypbtr^ 
ingi  ito.  London,  1757,  is  inivertefl  a  discourse 
by  Dr<  Wallis,  being  an  introduction  to  the 
M88  gif  cti  in  lOSrs,  by  Wallis  to  the  Bodjnaii 
librtlTT.  In  thia  iliflconrsr,  the  nttthor  notices 
the  difficulty  of  bis  art ;  but  does  not  justify 
Mr,  Wynne'!  rtrprei»entntion. 


I 


But  if  Uiere  are  any  certaio  rulei,  or  any 
reasonable  metbods  iu  decyphering:,  f  am  sure 
it  is  bighly  improbable,  that  persons  soounuiog 
and  wary,  as  these  are  all  alonjf  represented  tu 
be,  should  be  g^uiliy  of  such  a  fatal  oversight, 
as  just  to  sign  wito  such  numbers,  thai  all,  it 
teems,  who  understand  cyphers,  must  neces- 
tarily  know  to  be  intended  tor  the  initial  letter 
of  their  names.  It  would,  my  lords,  in  my 
humble  opinion,  have  been  more  consistent  with 
that  care  and  caution,  to  have  made  those  num- 
bers stand  for  quite  contrary  letters ;  and  those 
letters  to  hare  been  expressed  by  quite  con- 
trary numbers ;  and  there  is  no  doubt,  but  they 
might  bare  made  any  others  signify  the  same 
thing.  However,  since  the  decy  pherer  has  not 
■hewed  ns  by  what  metho<ls  be  has  arrived  at 
this  conclusion,  it  is  impossible  for  us,  by  any 
positive  or  direct  evidence,  to  confute  it :  But 
It  is  sufficient  for  us,  to  deny  on  the  one  hand, 
what  he  has  on  the  other  hand  affirmed,  with- 
out tdling  us  the  reasons  of  it.* 

That  the  names  of  Jones  and  Illinston  Ite- 
long  to  his  lordship,  is  endeavoured  to  be 
proved  by  some  passages  in  subsequent  letters, 
and  by  refining  on  the  matter  of  them,  which 
they  think  is  applicable  to  his  lordship  only. 

I  have  already  mentioned  two  of  those  in- 
stances, viz.  his  lordship's  own  indisposition, 
and  the  death  of  his  lady,  which  are  likewise  { 
mentioned  iu  the  subsociueut  letters,  in  order  lo 
fasten  the  im nutation  intended  yet  deeper  on  J 
him.    There  u  a  third,  which  relates  to  tlie  i 
jiresent  of  a  do;;.  i 

That  such  a  dog  was  sent  does  indeed  ap-  , 
liear  ;  but  that  his  lordbhip  had  received  it,  or 
^w  it,  or  had  any  letter  or  messa;j:e  alio  at  it, 
has  not  been  proved,  and  he  positively  denies 
it ;  ami  to  whom,  or  from  whom  it  was  really 
aent,  Mr.  Kelly  can  liest  determine,  and  his 
lordship  uiust  refer  himself  to  what  he  lias  al- 
ways affirmed  in  his  examination ;  'and  (if  1 
am  ris;htiy  informed)  since  rc-aifirnied  at  your 
lordships'  bar,  that  he  gave  it  to  3Irs.  Barnes, 
and  designed  it  for  her  from  the  first,  and  for 
her  onl}'. 

My  lords,  I  should  apologize  for  taking 
notice  of  such  minute  and  low  circum^stances ; 
but  it  is  the  evidence  and  natun;  of  the  proof 
made  use  of  against  iis.  I  should  rather  have 
expected,  that  ingenious  gentleman  (the  de- 
cy pherer^  would  have  shewn,  by  some  rules  of 
his  art,  tliat  the  whole  story  of  the  dng  had 


643]  9  GEORGE  I.  Proceedingi  agahiH  Bishop  Alterbary^ 

dence.  I  rather  believe  that,  according  to  the  grave,  i.  e.  Marr,  in  one  part  of  the  \i 
notions  of  those  times,  (tor  soon  after  the  sta-  neral  Dillon  in  another  widely  dikUnt 
tute  was  made  against  witches)  if  any  decy-  theotlier,  and  a  learned  prelate,  tu  beii 
pberers  bad  appeared  then  as  evidence,  tliey  buhition  and  concern  for  a  little  dog  ; 
night  have  been  in  more  danger  than  the  cri-     way  suits  the  characters  of  any  on 

persons  to  whom  it  is  applied  ;  mud 
circumstances  of  this  learned  prelate, 
at  that  time  a  much  nearer  concern  t 
from  the  deatli  of  his  wife,  and  wa: 
in  such  great  dis<»rder  and  weakness 
The  speaking  therefore  of  this  presei 
wards  and  forwards,  with  such  parti 
cumstances,  and  the  report  of  it  so 
ously  spread  many  mouths  before 
bishop's  apprehension,  (as  some  of  y 
ships  cannot  but  remember)  is  absurd 
culous  upon  all  other  suppositions,  1 
the  design  of  fastening  something  on 
ship,  the  point  all  along  iu  their  view. 

lithe  writer  of  these  letters  bail  be 
and  truly  informed  of  his  lordbhip^s 
stances,  he  might,  perhaps  more  propc 
affirmed  it  of  his  lady ;  which  it  is 
writer  was  not,  because  he  speaks  c 
living  eleven  days  after  she  was  dei 
how  ignorant  of  them  tbe  writer  re 
appears  by  another  passage  in  that  vei 
where  he  says,  ^'  Mr.  Jones  is  come 
for  a  day  only,  May  7th."  Whereas 
ship  had  been  in  town  two  days,  and  si 
more,  as  appears  even  by  their  own  « 
LawBOu  and  Wood. 

By  these  your  lordships  may  see,  h< 
forced  inferences  and  constructions,  a 
a  train  of  ahsurdicies  and  suppositions 
cessary  to  support  one  poor,  and  (if  I 
inconsiderable  assertion,  when  once  v 
from  Iho  sure  and  known  rules  of  law 
A  third  way  of  proving  these  Mters 
Bishop's,  is  from  the  hanil-writing,  ' 
supposed  to  be  Kelly's,  and  he  is  »)U[ 
have  been  his  lonlbhip's  sorrctary 
matters:  Both  which  supposlti'uis  aVe 


of  any  nroper  or  satisfactory  proof. 

The  iirst  is  attempted  to  be  supportc 
testimony  of  the  clerks  of  the  po 
But  bfcfore  I  speak  lo  the  testimony  w  I 
have  given,  1  must  beg  leave  to  olFer  < 
as  to  their  manner  of  obtaining  it ;  i 
endeavour  not  to  tiansurress  your  Klld^ 
resolution  :  And  w  hen  I  mention  any 
that  act  of  parliament,  it  is  only  to  s 
cautiouK  meaaures  the  legislatu;-e  tool 
impaniutr  this  power  to  thcni,  and  the 
prcben>«ions  they  hud  of  the  al)uses  an> 
se<|ucnces  that 'might  attend  it.  M} 
am  so  far  from  endeavdurinu'  to  bring 
daiiffer  of  a  pv^naliy.  as  the  counsel  wer 
to  object,  that  1  am  willing  to  siipiw: 


been  a  fable  of  fiction,   and  explaintni    it  to  |  clerks  had  proper  warrants  at  that  t 
something  that  waa  reasonaide  and  probable,  [  lor  that  narticniar  ripening  and  detainir 


which  I  am  sure  this  is  not,  to  suppose  (as  the 
ietters  read  to  your  lordshi|is  do  aupposi')  Mus-  ' 

, — ^ , 

*  Aa  to  a  decypherer's  giving  evidence  of 
the  meaning  of  fetters  without  explaining  the  ' 
pouiKU  of  his  art,  «M  4  Term.  Rep.  496. 


that  lA  all  which  the  act  give<,  and  the 
it  are  fully  saiisiied  by  surh  a  cons 
without  going  farther,  and  t  xtendinj;  ti 
of  the  act  to  that  which  was  not  in  i 
within  the  intei.tion  t  purwew  of  it. 
appear  to  me,  my  lords,  1  ooofets,  h 


mut  eiiieritfor  a  Treatomble  Conspiracy*         A-  D,  1755» 


[548 


I  to  tjJce  copies  (for  all  such  acts 
^di  'ire  In  rwrtramt  of  trade  and  cornnieree, 
10   be  ftlnctly  and  literally  coDsn'ii€d)r 
it  aiti  utterly  at  a  loss  lo  know,  from  what 
"  the  act  it  vnn  )i€  inferred,  that  sucb 
all  be  receif  t'd  as  evidence  in  courts 
d  not  only  ftgtiinat  llie  writer 
'''A  other  persons  too. 
ifait.'  iu  I  «w  parliament  (thouj^h  printed 
al  and  other  authentic  collectiont  of 
baji  beta  disatlou^ed,  whea  it  has  not 
oed  with  the  record.*    But,   my 
donU  know  that  a  copy  of  any  thing 
Allowed  as  evideDce«  but  what  wa^ 
t  proper  aworu  otficer,  known  in  law, 
*  every  one  may  bare  acceaa  to  it ; 
B§ore,  if  false,  tnay  be  disproved  by  the 
But  is  ibere  the  same  reason  here? 
can  the  jjarty  ever  have  an  oppor- 
» disprof  e  it,  it  falsely  eopietl,  when 
^1  la  tent  forward?  <>r,  if  it  were  still 
e«Moo,  bare  we  any  power  to  pro- 
mt  m  ai|rtii  of  the  ong-inal  ?  or  to  have  a  copy 
co^y  T  And  therefore,  we  hope  your 
\  will  oot  regfard  that  part  of  the  evi  - 
'  It  were  maieriaL    But  to  coniiider 
r  lord^  what  it  is  rhcy  have  deposed  of 
that  the  uri^iuiils  tvere  written  in 
i  liftad  with  some  pa[iers  shewed  ihetn  ; 
ibev  were  told,  were  ftlr.  Kelly's 
-mnUti^.     Your  lordsjiips,   1  doubt  not, 
v«!  the  tirae  when  they  depose^l  this  firsr, 
the   'itth    of    August,   and    aflarwards 
^finrt  of  January  laiit;    i.  e.   the  Arst  of 
rde^i^ivitions  four  rnotiths,  the  other  eight 
after  they  liad  <*wn  the  originals  of 
k  of  April;  for^  they  were  forwarded 
at,  and  the  clerks  only  took  copies 
li  and  did  not  detnin  any  one  orig'tnal 
^ifiien  tilt  their  tirt»t  deposition  ;  and 
K^waa  a  Ullle  of  tlie  latest ;  60  that 
upon  the  memory  of  the  clerks 
jfhl  months.     1  think  §t,  James 
'  THai    a   tnan  may   even   t»ehold    hi»« 
tin  a  g^lasfi,  but  he  Is  no  sooner  gone, 
[He  «ir^itway  furge«etb   wimt  manner  of 
I W  ««■»:**  ai»d   tl   i.-^  much  mure  impoj»« 
k(fi*f  any  one  w>  txdClly  and  nicely  to  re* 
'  all  iUtf  little  sti'okJs  and  dashes  of  the 
t»y  whirh  the  samenrsa  or  diversity  of 
ll^n  «ii*y  b»*  ninde  o«it. 

V  That  be  believes 

|K  _  ;  atid  'tts  remark- 

IS  tiLjt  in  Jnnuary  la^t, 

y  4^8  service  in  May,  so 

iilii   HI  h:i»e  seen  him  writt?  since 

Hv  don't  Miv  be  ever  read  any  of 

Hijf,  or  at  mn«i  tT-"  -""-•frription  of  a 

:  h«  mtyht,  pHli  Mu   write  at 

dittunrr.     iis    lift   ...  ..■.:    \    tntt    nf  the 

,                     .  rhat  cannot  h<                   to 

■  ^     ^            of  a  mail's  h                  ^'j; ; 

1 1  an  %. He  ihc  itrj|»rob:ili'  'greater 

h'CitUa  itm^'r     A"  ji«,  thn 


I  tft  tliisi  Pokke'a  Law  of  ETktaee, 


messenger,  from  seeing  tlie  superscription  of  aj 
Itrtter  to  the  secretary  of  state,  has  likewise, 
think,  taken  u^Hin  him  to  swear  the  same  thing«| 

But  supposmg  these  persona  had  seen  51r«l 
Kelly  write  frec|ueiit1y,  ami  had,  within  a  mori 
reason abk*  distance,  swore  it  to  be  like  his  hand^l 
will  any  one  say,  that  it  is  a  sufficient,  or  eve 
a  reasonable  proof,  in  any  criminal  cnae  ?  But  J 
beeauae  Mn  Kelly  is  a!)  along  attirOfied  to  Uav 
acted  in  these  matters  as  his  lordship*a  i 
tary,  ]   must  beg  v*>**r  lordships'  patience  i 
consider,  how  far  tAat  doctrine  of  similitude  i 
hand^  bris  prevailed. 

Colonel  Sidney's  Caae  ♦  was  the  first  where^ j 
in  it  wuH  ever  admiUed  a6  a  proof  in  a  crtminatl 
case;  but  that  jutlgraent  wa**  afterwards  ro«J 
versed  by  parliament  as  manifeatly  unjust.    In 
lady  Carr*6  Case,t  Sid.  Rep.  4  Id,  which  \ 
only  an  inlbrmation  of  perjury,  yet  a  lett«2p| 
un<{er  her  uwu  hand  was  positively  denied  t<if 
be  evidence;  though  a  witness  swore  he  bo«^ 
lieved  it  to  be  hers.    I  must  own,  my  lords,  tbit^" 
case,  at  the  late  trial  of  Mr*  Lay cr4  was  not' 
only  denied  to  be  law,  but  all  rnuo  deBed  t9 
make  common  sense  of  it :  but,  with  the  ut« 
most  deference  to  that  learned  gentLeman  thai  t 
8aid  so,  I  beg  leave  to  menliou  the  words  ofl 
Mr  J.  Ilavtle^  upon  thai  C4iHe,  who  was  of  »l 
different  opinion :  ''*'  At  that  lime,*'  says  he^i 
**  when  the  Case  of  lady  Carr  was  adjudged^ 
besides  Twisdeu  and  Keyling,  two  very  emi* 
nent  judges,  I  here  sat  in  that  coiirl  air  Waift^ 
Windham,  whom  all  will  own  to  have  been  the 
sec<md  best  judge  who  sat  in  W«?«tmio9ti?r*hiilld 
since  the  tiestoration ;  and  if  It  is  not  evidence  | 
in  misdemeanor,  much  less,"  says  he,  **^  itti 
treason.'*   Which  inference,  bcsideis  the  reasoa  f 
of  the  thing  itself^  is  supported  by  the  autho*  ( 
rity  of  lord  Coke. 

In  my  lord  Prcalon^s  Case,{|  his  band -writing^ 
was  proved  by  three  witncsces,  that  bad  bemd 
longed  to  him  while  in  the  secretary's  otfioe»i 
and  must  necessarily  have  seen  htm  write  al 
thousand  times :  but  that  was  uo|  all ;  for  thosft  J 
papers  were  seised  on  him,  sealed  with  UiMi 
ow  n  seal,  as  he  was  going  to  Fro  nee  in  thtf^ 
heat  of  war,  contrary  to  an  set  of  parbaiiieuty^ 
which  at  that  time  made  it  treason. 

In  the  Trial  of  the  8f  ten  iiibliop^,^  thesamfl 
question  arose,    whether  simiUtmle  of  hand 
was  a  proof  iu  a  criminal  matter  '^  and  it 
not  admitted. 

In  Fraocia'sTnal,**  before  all  the  judges  ata 
the  Old- Bailey,  it  is  posi!  '    '      ii  hy^ 

the  Chief  liaron,  and  not  ^^/^ 

others^  that  it  was  no  prtKtf  ur  r»  lunn  ^  %n  ujielt ; 
itnd  the  letter  in  that  caw  would  not  huve  bfoa '' 
admitted,  hut  that  it  was  found  by  hia*  bedside, 
snd  u  copy  of  the  very  tame  letter  entered  in 
his  pocket  book,  whtcb  he  had  owned  and  ex* 
plained  lo  womb  lords  of  the  coot»cih 

•  8ee  it  itt  vol.  9,  p.  817. 

f  Sev  vol.  9,  p.  «6i. 

%  8ee  his  Case  in  tlie  present  volume,  p.  (V|« 

It  Vol.  12,  p.  (»45.  §  Vol.  lUt  p.  Jti3«  i 

♦•  Vd,  I5j  p.  8^, 


fli7] 


g  GEORGE  I.  Proceedings  againU  IBUhop  Aiterhwrjff  [fi48 


In  Crosby's  Case,  the  hand-writiog  was 
sworn  to  by  three  positive  witnesses,  and  owned 
in  one  of  the  papers  by  the  prisoner  hinoself ; 
yet  loni  chief  justice  Holt  and  the  Court  held 
It  no  evidence,  **  Because  one  hand,"  says  be, 
**  may  be  like  another ;  and  presumption  shall 
never  take  place  in  treasons." 

.In  the  late  Case  of  Mr.  Layer,  it  is  well 
known,  that  besides  the  proof  of  bis  own  hand- 
writing, the  treasonable  papers  were  delivered 
by  bis  own  hand  to  the  witness;  and  'twas 
upon  that  ground  only,  they  were  permitted  to 
be  read  against  him.  JBesides  this,  he  had  said 
that  before  the  lords  of  the  council,  which  the 
Court  thought  amounted  to  a  full  acknowled|r. 
inent  that  it  was  bis  writing.  But  even  all  this, 
my  lards,  was  made  use  of  against  him  but  as 
concurrent  evidence,  because  there  were  two 
positive  witnesses,  vi-oa  voce,  against  him,  as  to 
the  other  overt- acts. 

I  will  mention  to  your  lordships  some  fo- 
reign, concurrent  autnorities  upon  this  point, 
to  shew,  that  the  reason  and  equity  of  this  doc- 
trine has  beeii  uniform  and  universal,  that  simi- 
litude or  comparison  of  hands  is  not  a  sufficient 
$roof  of  it.  There  is  a  famous  case  of  Jeao 
lillard,  in  a  book  called,  *  Le  Joaroal  du  Pa- 
lais.' He  had  lived  40  years  from  his  wife, 
and  then  returned  and  re-claimed  her,  aficr  she 
^as  married  to  another.  One  of  bis  methods 
made  use  of  to  prove  him  to  be  the  same  per- 
ton,  was,  the  band- writing  of  letters  that  had 
Ibrmerly  passed  between  them  :  which  occa- 
sioned tnis  nuestion  before  all  the  famous  judi- 
catures of  France,  <*  Whether  the  testimony  of 
skilful  notaries,  who  fully  deposed  of  the  simi- 
litude of  the  hands,  was  a  sufficient  proof  in 
this  case?"  and  it  was  universally  denieil. 
And  yet  this,  my  lords,  was  a  case  ni^hly  fa- 
voured in  all  laws ;  but  more  highly  in  those 
places,  where  marriage  is  reputed  as  a  sacra- 
ment, and  in  favour  of  which  they  will  ofku 
admit  even  the  party's  own  oath. 

Codex  Fabrianus,  lib.  4,  tit.  14,  def.  71,  says, 
«  A  proof  by  comparison  of  hands,  is  a  very 
dangerous  proof:"    '  Idque  in  causis  dvilibus 

*  duntaxat ;  sed  in  criminalibus,  in  quibus  peri- 

*  culum  majus  versatur,  aut  capitis,  ant  exist!- 

*  niationis,  non  item.'  Voet,  an  eminent  mo- 
dem civilian,  lib.  S2,  torn.  4,  §.  11,  to  the  very 
same  purpose.  And  so  does  Cujaciiis  in  bis 
Commentary  on  the  Novels  73.  "  The  Romans, 
Bays  he,  never  allowed  it,  but  when  no  other 
proof  could  be  had.  And  in  latter  times,  when 
forgeries  became  more  frequent,  they  would 
not  allow  of  it  at  all,  unless  the  writing  had 
been  acknowledged  by  the  party,  or  proved  by 
two  witnefsses  who  saw  him  write  it." 

And  then  it  was  necessary  to  brine  both  into 
court,  that  the  judges  themselves  might  make 
the  comparison,  and  not  leave  the  witnesses  to 
be  the  only  judges  of  it. 

But  it  was  never  known,  and  I  may  defy  all 
the  writers  of  law  to  shew  me  one  jnstsmrr 
that  any  evidenos  of  tha  aimiiitiiiU  «# 
(which  can  oalj  hp 
was  admitttd^  ktt 


to  be  written  in  the  same  hand,  were  miidaoed 
and  compared :  which  is  so  far  troro  aeiiigtha 
present  case,  that  even  the  attestiag  clerks, 
who  are  the  only  witnesses  in  the  casi 
had  an  opportunity  of  comparing  the  i 
letter  stopped  in  August  last,  wuh  any  ooe  of 
the  three  ori^nal  letters  dated  April  90,  or  with 
any  of  the  intermediate  letters,  which  thi^ 
affirm  to  have  been  written  in  the  same  baod. 

And  if  it  be  considered,  how  much  mon  diffi- 
cult it  is  to  distinguish  the  hand  of  one  wriliig . 
in  figures  (which  stand  single  one  from  sns* 
ther,)  from  the  hand  of  one  writing  in  isovdsil 
length  (which  are  variously  connected  andcoa* 
bised,)  your  lordships  will  never  give  them  fh 
least  degree  of  credit. 

But  at  once  to  put  an  end  to  this  eridaaiiff 
my  instructions  are  true,)  it  has  alroadf  i^ 
peered  to  your  lordships,  upon  Mr.  JU^ 
Bill,  that  the  only  original  letter  of  the  tOlh  tf 
August,  stopt  as  a  sample  at  the  nnd  siici, 
and  the  only  ground  of  affirminjg  tnesa  llms 
to  have  been  bis,  was  not  his 


and,  if  need  be,  we  have  the  same  and  i 
evidence  to  produce.    Upon  the  wfaolo^  tb«f« 
fore,  1  think  I  may  affirm,  that  there  is  no  kgil 
or  reasoiuible  ground  to  infer  thlMo  lctt«s  It 
have  been  wrote  by  Kelly. 

And  surely,  my  lords,  it  was  inoumbsBl  m 
thein  to  prove,  as  well  as  to  afl&rm,  that  tkaf 
were  wrote  by  his  Wardship's  directiObv  I  ' 
they  can  affect  him;  even  though  the  ' 
(whoever  he  was)  had  presumed  to  liaTC  i 
them  with  his  lordship's  own  name  and  | 
appellation.     1  beseech  your  lordabips, 
d(»e8  it  in  the  least  appear,  that  Mr.  Kelly,  ff     ^j 
Mr.  Carte  (as  is  aflerwardi;   upon  no  bdtaff 
grounds  suggcsteil)  was  employed  by  hblsid- 
sbip  to  carry  on  that  cori-espondeuce?    It  lia% 
I  confess,  been  frequcutly  said  at  your  kid* 
ships'  bar,  as  well  as  by  that  honourable  coa* 
mittee,  but  like  other  charges,  without  ny 
shadow  of  proof;  unless  it  be  an  obscure  pan 
saj^e  in  a  letter  of  Cliitwell  from  abmd,  to  alt 
Williams  here,  D,  27,  which  says.  They  hii 
a  story  in  France  of  Weston's  clerk  bisoglaA 
up  for  debt :  which, as  I  shall afterwardssMr^ 
could  not  possibly  mean  his  lordship.    Tbcm 
is  another  passage  also  ui  the  letter  to  Dobli^  ^ 
from   whence  the  same  iufereace  is  iMdi» 
What  unknown  person  that  Dubois  is  dontap*  ^ 
pear,  or  whether  it  is  a  real  or  flictitions  naise  S    ] 
for  all  their  lists  and  cy  phers  affiird  nothugttBm    i 
it.    The  committee  are  pleas^  to  anppose^^ 
letter  to  the  Bishop,  and  received  by  nun  fM^  '. 
abroad  ;  and  from  thence  infer,  he  used  te«y   j 
ceive  letters  directed  to  him  by  flctitioasaimmu  | 
The  counsel  (or  the  Bill  suppose  it  a  klUifiW   *. 
himself  to  himself,  because  the  hand'     ' 
they  say,  (or  rather  the  letter  ^  is  so 
like  hia  k)rdship's.    It  is  not  signed  by 
one,  and  dated  only  the  16th  of  *" 
witboqt  any  year ;  and  thonffh  that 
art  plsaied  to  aup  in  '* 


«ifrf  Gthtn^fir  n  TremoftaUc  Consf^mcif* 


A.  D,  1725. 


£550 


|J€«ly*8  accession,  <yr  hefore  the  I 


■!- 


rfr. 


■Mil  if  it 

l.^iUi   utt 

'.'■')  I'd  all   his 

the  commit  Ice  are  [»leaj«ed  to 

prefienre  thi«  only,  which  is 

[i*ence»  but  to  l'Qmt«D    eviiJencc 

!lf,anil  ift  f?fpliyn  the  thii»g  most 

ir.r  jirnof  tiinf  it  is  his  letter,  is 

I,  uhichf  tlie^  sav,  li  Diade 

u.v  lUut  seizf'd  on  liis  seiTaut 

But  comi<ltr  fi»y  lonJs,  bo*v 

i^  ftre  ai  Inst  corae  Id  in  this 

'ie  of  hands,  simiruuile  of 

luui.  ui  character*,  aiitl  siiiiiiitu^lc 


ilJft»iU  r^fii-^prf-wrttinuf  's  no  proof  f 

r'  the  best  authorities  i 

of  one  letter  in  the 

i,  I  daresaj.a  conceit  perfectly 

I  v%  ell  known*  artists  are  capable 

Httns^any  man's  hand  or  teal  in  such 

nrr,  tliEit  even  the  person  wh^ise  hand  or 

not  be  able  to  dintintfuish  it  Trom 

\  our  lordsl^ips  yesterday  sair  an 

specimen  of  it. 

n|K>n  these  gmumU,  my  ford)i,tbat  Kelly 

'*Tmed  to  have  been  his  tordsht^/s 

se  matters  ;  but  there  is  not  the 

^i«rgu  ur  [iretence  of  bis  bavinif  writ  any 

lotlerm  of  any  kind  for  the  Bishop  but 


It 


11  U  iUe  I 
i  snd  ft  is 


vnl 


m\  not  one  thrnughoiit  the 

e  clmrg-ed  to  hate  heen 

iluiuijh  he  h  in  general 

L;cr  of  this  correspon- 

we  mnst  insist,  oujc^ht 

St  proof,  and  the  most  un* 

-r  It  is  the  gist  of  the  of- 

of  the  statute  14  W. 

1 1 ar  suggestion  of  this 

0 1 uc  such  letter  mij^ht  be 

irte  to  the  persons  t  bey  are 

{(\  uiUiout  the  Bisliop's  privity  or 

it  iji  not  so  uncommon  a  tliini;  to 

intance  wiib  persons  of  distinc- 

'    use  of  their  name  and  aulho- 

' -•»•""    ■    -ruater  degree  of 

....  -...^'.ii  now  to  be  pre- 

►  man  ba*«  proved  it  trtltcr- 

>    surdy  uujrtit  lo  suAVr  hy 

iier,  or  to  ue  punitthed  for  ano- 

one  will  think  it  any  reflection 
1  *'  y»>tir  toriKh)pH*uamcsin  tbe«e 
'.  lind  a  frequent  men- 
pat  i  den  ce  ;  or  to  find 
th  Phmketl*«  cyph«r^ 
V  kctby  ;  and  pagf e  62 
'    'frt  the  Pretender 
Uy,     No  man,  I 


I  •y  ibcir  priftty  or  consent. 


By  the  same  rule  of  justice,  und  by  a  parity  of 
reason,  my  lord  bishop's  name  may  J>e  pre* 
sumett  to  have  been  made  uw  of  without  bii 
privity  or  eon^erjt ;  and  i^  there  is  any  certain 
rule  or  position  in  law,  it  is  this,  ThM  aM  pre* 
sumption  ouifht  to  l>c  in  favour  ol"  innoceucy. 

And  lo  shew  the  little  inti mac v  there  was  be* 
tween  his  lordi^hip  and  Mr.  Kelly,  (if  Rig* 
mean^  his  lordship,  an  they  supjiose,  or  thai 
letter  E  64,  i^as  from  Kelly,  as  they  also  sup* 
pcwe)  it  will  be  sufBcienl  to  remind  your  lord  • 
shipb  </  one  pmi  o^  it,  where  the  writer  sayff^ 

'*  That  Rig  and  one  Skin  had  been  to- 

tfefher ;  but  the  rc»uU  of  their  meeting  b# 
knew  notbingf  of.  Rig  had  fixed  his  su«* 
picioa  somewhere,  thou^i  1  cannot  find  out 
the  place ;  but  you  will  hear  it  from  Skin,  to 
whom,  it  ii  probable,  he  may  have  conmvuoi- 
caied  his  sentiments  that  way.*'  That  is,  my 
lonls^  if  1  understand  the  meaninif  of  thosa 
words,  thai  Kelly,  the  supiK^setl  secretary  on 
all  these  occasions,  knew  noibint;  of  the 
matters,  or  at  least  much  lets  than  Skin,  wbooi 
Kelly  had  but  just  before  introduceil  into  Rig*i 
acquaintaiice. 

Thre  is  another  letter  which  has  Itkewis* 
been  read,  E  4T,  (it  it  is  to  be  imdertitood  to  \m 
Mr,  Kelly's,  ai  they  suppose^  and  Kijj^  is  t^ 
mean  his  lordship  j  thou^Th  we  are  far  from 
admitting  the  one  or  the  other)  which  we  de- 
sire to  make  use  of,  and  amounts  to  a  full  and 
direct  eooftssjion,  that  the  writer  (whoever be  is) 
hvid  nothing-  in  his  power  or  knowledge  to 
charge  him  with.  I  have  the  more  countenance, 
my  lords,  to  repeat  the  words  of  thin  letter,  be- 
cause that  honourable  committee  have  let  it  past 
without  eifcepliou,  fol.  59,  of  the  Report  t^ 
wherein  the  writer  vows,  **  He  nefer  heard  of 
the  cant  names  of  Jones  and  IUing:ton,  or  who 
was  meant  by  them :  that  some  persona  ia 
whose  power  it  was  to  ilo  for  him,  had  shewed 
no  concern  at  all  for  his  misfortunes ;  that  it 
was  well  he  had  no  secrets  to  reveal,  since  such 
Ufmgre  mit^ht  provokes  passionate  man/'  And 
all  the  world  is  since  convinced  he  had  not, 
since  no  person  seemed  to  be  appreheusif  e  that 
he  could  ^o  them  any  mischief.  My  lords,  I 
say,  if  this  letter  ii  to  be  ut)der«tf>od  ah  from 
that  i^cntleman,  wethink  we  are  intitfed  to  hav6 
the  benefit  of  his  openuud  candid  dccluriition. 

But  however,  my  lords,  if  we  should  uot  h% 
allowed  to  make  this  use  of  il,  yet  (if  my  in- 
structions are  true)  Mr.  Kelly  fully  asserted 
this  himself  at  your  lordahips*  bar  ;  and  even 
without  it,  we  %hal1  l>e  abie  ti>  make  appear 
nioHi  pluinly,  io  the  course  of  ourev  ideuce,  that 
Kelly  did  not,  and  could  not  write  tlutve  three 
letters  from  his  lordshjp'a  mouth,  or  by  his  lord- 
ship's direction. 

The  date  olall  three  is  90  April ;  when  thii 
reverend  pr^kte  (as  hao  been  utrendy  m^fu- 
tioued  to  your  lordbhips^  was  dcfprtved  of  the 
use  of  both  hand  and  tm>t:  had  for  a  ^real 
while  been  confined  to  his  room,  under  the 
ijrcatest  weakness  nod  disoidtr,  when  his  lady 
lay  in  the  ne:a  room,  oo  her  death  bed. 

Th^e,  my  lords,  and  other  reourkitble  cir- 


4 

J 


851] 


9  GEORGE  I.  Proceedings  (gainst  Bishop  AHeriury^         [558 


cumstancesin  his  family  which  dittioi^ish  this 
particular  period  of  time,  as  on  the  ooe  hand, 
they  have  given  the  writer  of  these  fictitious 
letters  some  advantage  towards  fixioff  them  on 
the  Bishop ;  so  on  tne  other  hand,  they  afford 
his  lordship  a  like  advantage  (in  the  most  pro- 
Tiflential  manner,  I  may  say)  towards  clearing 
bimseif  from  the  imputation  of  them.  Be- 
cause his  servants  then  attending  him,  are  able 
to  recollect  what  passed  on  that  occasion,  and 
to  be  very  positive  and  particular  in  their  evi- 
dence concerning  it. 

His  lordship  liappened  then  to  have  three 
men-servants  actually  attending  on  him,  and 
soroe  one  of  these  alwa^rs,  both  day  and  night, 
either  present  with  him  m  the  room,  or  waiting 
in  the  passage  at  his  chamber-door ;  and  the 
weather  being  warm,  and  the  room  close,  the 
door  was  generally  wide  open :  it  was  then  this 
reverend  prelate's  misfortune,  that  he  was  not 
able,  without  their  help,  to  stir,  or  even  to  lift 
up  w h at  he  eat  or  drank  to  his  month .  Besides 
these,  there  were  two  women-servants,  which 
constantljT  attended  his  lady  in  her  room,  which 
is  next  adjoining,  and  c^ame  frequently  to  him 
(once  or  twice  an  hour)  every  day  with  ac- 
counts how  she  did.  the  Bishop  himself  being 
disabled  (for  several  days  before  her  death)  to 
go  out  of  his  room. 

And  all  these  five  servants  will  depose,  that 
for  14  or  15  days  before  his  lady's  death,  no 
•trani^er  whatever  visited  his  lordship,  much 
less  stayed  there  any  time  with  him.  This 
(my  InrdF)  the  women -servants  will  affirm,  as 
far  as  their  frequent  seeing  of  him  gave  them 
opportunity  to  make  these  observations.  His 
coachman  (though  now  witness  against  him)  has 
constantly  affirmed  the  same  thing,  both  below, 
as  well  as  before  your  lordships.  But  the  three 
men  (one  of  which  was  always  in  the  room  dav 
and  night,  as  I  before  observed)  can  be  most  full 
And  peremptory  in  their  testimony.  8o  that  the 
Bishop  could  -not  possibly  dictate  these  letters, 
cither  to  Mr.  Kelly,  or  to  any  body  else, 
without  the  privity  and  observation  of  some  of 
tbero. 

This  being  a  negative,  it  is  impossible  to  be 
more  fully  proved  in  any  case  ;  and  nothing 
but  the  remarkable  circumstances  which  hap- 
pened at  that  time,  to  which  the  writer  of  those 
letters  unluckily  pinned  them  down,  could  have 
hel|ied  us  to  so  strong  and  undeniable  a  proof 
of  It 

^  Whether  Mr.  Kelly  was  ever  acquainted  or 
Tisited  his  lordship,  indeed  1  am  not  instructed ; 
their  evidence,  1  am  sure  has  proved  nothing 
like  it,  nor  is  it  material,  much  less  criminal. 
But  as  to  the  particular  time  (12  April),  when 
Mr.  Kelly  is  supposed  to  have  told  Mrs.  Barnes, 
and  she  is  supposed  to  have  told  Mrs.  Levett, 
that  his  lordship  sent  his  coach  for  Kelly,  we 
ahall  expressly  prove  the  contrary :  and  be- 
sides that  is  only  hearsay  of  Mrs.  Levett  from 
Mrs.  Barnes  who  denies  it,  and  hk 
disability  at  that  time  to  reo  ~ 
aay  (my  lords)  baid6it)>«^ 
braMrkaUotiiililH 


(who  it  seems  were  directed  to  keep  a  diary  of 
every  bodv  that  came  and  of  all  that  bappoied 
in  his  lordship's  family)  say  not  ooe  word  of 
this  remarkable  incident,  in  either  of  tbeirdepo- 
sitions.  The  coachman  has  denied  that  he  ever 
fetched  Mr.  Kelly  in  his  lordship's  coach  mioe 
he  lived  with   his  lordship,  or  ever  waa  at 
Kelly's  lodgings,  or  that  he  ever  saw  him  «r 
Mr.  Carte  in  bis  life-time;    and  sorely  their 
silence  (if  there  were  nothing  else  io  thte  cme) 
is  sufficient  to  infer,  that  he  was  not  thete  it 
that  time :     and  all  Mrs.  Kay  and  MaloM 
swear  is  no  more,  than  that  they  don't  ie« 
member  Kelly  lay  at  Mrs.  Barnes's  that  Than* 
day  or  Friday  (the  first  only  speaks  in  bsr 
pnnted  deposition  of  a  Thursday  or  FiU^ 
about  the  middle  of  April).    And  how  is  itfii- 
sible  they  should  remember  the  time  soeaucdji 
for  neither  of  them  bek>nged  immediataly  W 
Kdly,  bat  were  only  servants  to  Mrs.  BaiM^ 
who  had  other  lodgers  in  her  house?   Thar 
did  not  even  make  these  a6Uavits  till  the  M 
of  February  last;   and  it  is  no  eas^  matter  Is 
remember  such  an  inconsiderable  circumstassa 
of  a  lodger  (ten  months  togetlier)  unless  tbcj 
likewise  had  been  instructed  before  hand  Is 
keep  diaries  of  Mr.  Kelly's  motioni. 

The  third  general  charge  against  my  Lori 
Bishop,  is  the  receiving  of  letters  from  abnid 
relating  to  this  conspiracy. 

Two  instonces  only  of  this  kind  have  bssi 

K reduced.  The  first  from  Motfield  (interprded 
larr)  11th  of  May,  addressed  to  lllingtoo. 

The  other  firom  Digby  (snpposed  to  bs 
Dillon)  14th  of  July,  addressed  to  Mrs.  Wcslos. 
Neither  of  which  (do  they  pretend  tony) 
came  to  his  lordship's  hands,  or  if  they  bM, 
that  there  is  ooe  criminal  word  conteined  in 
them,  and  consequently  could  not  he  (as  1  be- 
fore proved)  a  treasonable  correspoodenoe^ 
within  the  letter  or  intent  of  any  law. 

That  of  Motfield's  is  a  mere  letter  of  friend- 
ship, (and  (if  from  lord  Marr,  as  they  suppose) 
is  to  a  person  with  whom  he  never  had  either 
friendship  or  acquaintance  ;  but  really  seel 
designed  for  no  other  purpose  but  to  nx  npsa 
his  lordship  the  letter  directed  to  MusgravasC 
the  20th  of  April,  (for  the  same  reason  intsr^ 
preted  Marr)  the  receipt  of  which  is  there  so* 
knowledged ;  and  in  his  words  of  oondotenes 
there  is  something,  which,  it  is  said,  poiatt  ^ 
out  his  lordship's  character  and  fonctioB^  | 
though,  in  my  humble  apprehension,  ni 
applieable  to  his  lordship,  either  as  a 
or  a  clergyman,  than  to  any  other  perMo ;  oh 
pecially  if  it  be  considered  (as  it  really  ii^  the 
style  of  a  letter  of  compliment.  But  if  tbs 
letter  itself,  to  which  this  is  pretended  tabs 
an  answer,  lihould  prove  to  be  a  mere  fidiflsir 
the  answer  to  it  (though  it  were  criminal)  to0k 
fall  with  it,  as  a  part  of  the  same  oontrivasofc 

And  aa  to  the  letter  from  Digby  to  WesMi^. 
thoogh  that  honourable  committee  seen  ts  UT. 
'    by  printing  it  at  IcH** 
era  is  ttothiog  IB  it  tb^  I 


and  otierttfor  a  TreasonftMe  Cutupiraey.  A.  D.  17S3. 


\m 


iltli^  mod  ihc  concerns  rvf  hi«;   ^wmWy^ 

|i09S]btv  bp  unulicd  to  him.      It  iiiipiiry 

iNfis  tjV  V  ill  slate  of  tiealtli 

5t)  and  >  in  i^ r«;at  disor  Jei- ; 

•  iitft  lor  I  I  s]>ei&k  it,  my  lords, 

T«*^n  k  J  .  as  well  as  llie  ti?«U- 

il   clt^r^y  of  hts  diociese,  and 

'  fi  per^rclly  well,  and  al>le  to 

I  iUl  lUe  unlinnry  bu^iinesn  of  his  diocese 

incnr*  and  had  li^en  &f>  I'ur  iil>ove  tivo 

_  m^Kf  N  the  honour  \i  that  time 

^  tviifi  his  lurdship  in  a  very  le* 

kte  enquiry  ;    and  the  disorder 

it  means  the  death  of  his  lady, 

''^  («  meant  by  it)  had  been 

pace  of  lirae' 

^  I  liat  Kuch  a  mistake  Bhould 

k  by  the  person  (^vbom  the  name  of 

is  supposed  to  drnote),  if  nrhat  the  He- 

S9,  and  the  Appendix  D.  32  and  29,  in- 

it  be  true,  tiiat  \y/o  letters  h^id  some 

fore  b^eii  written  to  Dii^by,  or  his  se- 

r  the  one   (July  4,)  assuring,  Westou 

rer  better  io  hia  life,  the  other  (14  July) 

1^  be  wait  then  perfectly  well.      But  it 

wore  improbable,  if  your  toi  dships  will 

r  what  itiQt  honourable  comraittec  have 

bsiErved,  in  the  very  ^ame  leaf^  that  the 

CMft  of  ibese  two  eorrespondtnts  were 

pi   ^*^^  .|.(r..5.pnt,  as  to   lay  no  sort  of 

ion  i  ry  or  intercourae  between 

and  ::..:  i^-iu.uland  only  conclusion  (we 

Irom  bcDce,  is,  that  the  letters  on  this 

iill«r  from  this  or  the  other  side  of  the 

nsim^  be  G^enuine ;  and  (hat  no  fair  or 

oartetpoodent  could  be  guilty  of  sycb 

listakes, 

iif  both  tbeae  letters  from  !(]ot6eld  and 
your  lordiihipf  have  (I  doubt  not)  ob* 
Itiat  there  ta  no  pretence  of  proof,  eon- 
the  hands  in  w  bich  they  are  written  ; 
ly  would  have  been  niore  rec|uiiite, 
I 'i  I  i)f  fei|;ned  names,  to  aa- 
.vis«»  arty  one  who  was  ac- 
iiii  ntii  u  tiames  might  write  letters 
T  side,  as  coming  from  tlie  pcr- 
"  V  those  names,  which  they 
r dot  of. 
,L  of  thes4j  letten  by  his 
not  been  proved,  so  there  is  not 
liniuaion  or  pretence  that  be  ever  an* 
klirto,  Uioui^b  they  both  bear  date  long^ 
m  Uprdship^s  Cfiminitment. 
part  of  the  a«4ife:inc»  ilierefore,  for 
%  hia  lordship  with  a  loreig^n  corre«* 
^  under  fictitiaun  nanifs,  was  not  so 
contrived  as  t hi' former;  and  seems, 
Mfgron^rii 
iMMWjr  II- 

lit   bcr^'  bet:  l< 

^^JBp  00( 


have  proceed - 
iiuch  worse  in* 

I,.  ..i-r, :,.  . 

.  the 

r,_i  vants 

i   counsel 

.  V  iliere  were 

III  It.     If  there 

)  ufit  have  been 

Why  ihercfoita  ab^mld  it  be 


ouy  argument  a  (gainst  him,  became  there  is  no 
such  ihiufjT?  Matters  areata  very  low  ebb. 
when  such  trifles  are  relied  on.  lint  there  ia 
auoiber  reaaun.  The  letter  I  sup|M>se  to  have 
iKen  intended  for  some  nearer  intimate  friends, 
and  to  such  persons  there  was  no  need  of  m»k* 
ing  such  a  profession.  They  knew  (whoever 
they  were),  and  were  before  sutficientJy  per- 
suailedof  his  tordbhip^s  tnnocency,  and  that  it 
wus  impossible  he  shnuld  be  guiUy  of  what  ia 
laid  to  his  char^^e.  And  by  what  has  already 
appeared  to  your  Jordships,  1  may  say,  thia 
reverend  prelate  had  no  need  of  making  such 
an  ajYologfy,  and  that  the  persuasions  of  bia 
friends  were  not  ill-f^rounded. 

The  fourth  head,  to  which  the  charge 
ai^tost  his  lordship  may  be  reduced,  is  the  co* 
incidi^QCe  of  circumstances,  limes,  and  feigned 
names  in  the  intercepted  correspondence,  to 
induce  your  lordships'  belief  of  the  before- roeti- 
tioned  bearaays  and  supposed  facts,  that  hii 
lordship,  and  he  only,  is  meant  by  that  cor* 
respondeace.  And  tne  chief  observation  about 
the  CO- incidence  of  times  and  circumstances 
relates  to  the  three  letters  of  April  20,  his  lord- 
ship's illness,  and  the  death  of  bis  lady,  and  the 
present  of  the  dog,  about  the  same  time.  All 
which  have  alrea*Uf  been  accounted  for,  either 
as  truths  publicly  knowo,  turned  by  ii^norant  or 
malicittus  correspondents  to  ill  purposes,  or  aa 
absolute  falsities,  as  will  appear  to  your  lord- 
ships by  our  evidence. 

1.  As  to  the  article  of  times,  of  his  lordsbip'a 
coming  and  goiu^%  it  munt  be  owned,  the  pen- 
men oi  these  letters  are  sometimes  rigiii,  but 
they  are  as  oflen  wrong-,  and  the  mistakes  are 
of  m(»re  consequence  to  destroy  what  is  in* 
ferred  from  them,  than  the  real  agreements,  in 
point  of  time,  arc  or  can  be  to  estubliMh  it. 
There  is  no  doubt,  but  the  correspondents  on 
this  side  (whoever  they  were,  anil  whether  out 
of  malice  or  vanity)  apprized  themselves  as 
well  as  they  could  fd  his  lord4n|rs  inuiions,  ia 
order  to  g^ive  a  colour  u\'  prohabiltty  to  what 
they  said  of  him  \  and  yet  it  happens,  that  out 
of  seven  instances  occurring  in  Ihtse  letters, 
and  reftirre<l  to  in  the  Report » three  of  them  (if 
not  four)  arc  plain  and  groNs  mistakes ;  Two 
uuly  are  true  in  all  their  circumstances;  and 
of  tlie  other  two,  it  may  be  doubted  whether 
tbev  answer  the  truth  in  every  respect,  or  not. 

^irsi,  as  to  the  two  doubtful  instances,  one  b 
40  pag.  lUp.  O*  29,  where  June  14,  <j.  WT, 
writes  to  Uuitwell,  ^*  Mr.  Weston  is  in  tbe 
country,  1  saw  him  two  days  ago."  If  these 
words  mean,  that  he  saw  hnn  two  days  ago  in 
the  country,  ( VI  hiL^h  is  the  most  obvious  aenae 
of  tlieni)  then  the  assertion  is  false ;  for  hia 
lordship  came  to  town  June  12,  m  appeared 
yestcrtlay  by  the  coachman^s  hook  :  But  if  tliey 
tiiean,  I  saw  him  two  dsiys  ago  in  town,  tbeo- 
the  asttertion  may  be  true 

The  other  instance  is  Report  51,  52,  D.  14* 
Somebody  w riles  July  36,  to  MajKonneuve, 
thut  Itig  and  8kin  had  been  lately  together, 
Hiid  that  Rig  went  into  the  country  tbe  day 
afler.    Npw  by  dcpoaitiom  0.  i8|  a  *ppcM^ 


855] 


9  OEOHGE  I.  Proceedings  against  BUhop  Ailirhur^,         [556 


Ibe  Bishop  went  out  of  town  Jul?  SI;  lltey 
must  ha?e  mft  therefore  on  the  20th,  which 
don't  wf;ll  answer  the  word  blely^  which  one 
would  titink  imported  6  or  7  days  more.  And 
therefore  these  two  instances  we  set  aside,  os 
awther  plainly  true  nor  plainly  false.  The 
three  ne%t  ure  manifest  mistakes^ 

In  Hulfield^s  Uiter  to  Mos^jrave,  May  7,  it 
is  said,  Mr.  Jones  is  couie  to  town  only  for  a 
day,  and  yet  (if  Jones  means  the  Bhhop)  he 
Iiad  been  in  town  two  days  and  <;taift  in  town 
tliree  days  long-er  ;  for  he  came  5thMay,  and 
returned  10th  JUay*  as  appears  by  Liawson 
and  Wood's  examination. 

So  in  a  Utter  of  J.  H.  to  Dixwell,  June  12, 
It  is  said,  Hig  (stip[>osed  to  mean  the  Bishop) 
Ib,  I  hear,  in  the  country  ;  whereas  bis  lord- 
ihip  was  at  Westminster,  June  18  and  19,  as 

'  appears  by  the  coachman's  books^ 

In  a  letter  to  Maisonneure,  July  19,  F. 
59,  Rig^  is  ajfaitj  said  to  be  in  the  country, 

'  whereas  bis  loi'dfthip  was  at  Westminster  that 
very  day,  and  continued  there  till  the  2lsiyas 

\  appears  by  the  stime  printed  depositions. 

And  the  mistakes  in  these  three  instances,  are 

I  ^hc  more  remarkable,  because  they  all  affirm 
bis  lordship  to  be  in  the  country,  when  he  po- 
vitirely  was  not ;  whereas  it  was  ten  to  one, 
but  that  even  mere  guesses  had  been  true,  at 
a  time  of  year  that  CTerv  one  almost  is  in  the 
coantry;  and  bis  lordshtp  was  realty  ten  days 
in  the  countrTi  to  one  that  he  was  in  town, 
during*  the  whole  summer. 

But^  my  iordi?,  I  most  witli  some  rejj'ret  take 
ootice,  that  none  of  these  mistakes  are  acknow- 
ledg'ed  in  the  Report  of  that  honourable  com- 
mittee, though  all  (he  letters  and  passages  are 
transcribed  in  it,  particularly  thalofthe7lh  of 
May,  E.  A'l,  These  words  are  inserted  in  the 
Keport,  jiatje  41,  "  I^lr.  Jones  is  come  to  town** 
But  the  toUowiug  words  •*  only  for  a  ilay"  are 
omitted :  and  >et  the  sectiou  concludes,  that 
It  agrees  with  the  enquiry  mnik  at  that  time  ; 
whicb  indeed  it  docs  (as  far  as  it  is  there  quoted) 
though  not  w till  the  Append.  E.  42. 

What  enquiry  of  this  kind  was  then  made, 
and  with  what  views,  we  cannot  say,  unless  we 
may  suppose  it  to  be  made  by  his  neig'hbour 
l<awson.  If  it  was,  it  is  strange  that  he  could 
not  depose  from  his  own  knowledfre  and  ob- 
senrations  in  May,  but  only  as  to  what  be  bad 
lieard  and  was  told  by  Wood,  his  lordship's 
csoacbnian,  so  lately  as  the  I9th  of  February 
last  I  would  reconcile  this  if  it  be  possible  t 
And  the  most  natural  inference  I  can  draw 

*  lh>m  it  is,  that  Lawsou  (or  whoever  that  in- 

'  ijuirer  was)  bad  pretended  to  take  some  ac- 
count of  his  own  at  the  time  mentioned  by  the 
committee,  which,  upon  comparison  with  that 
0f  the  coachman's,  he  fcmnd  to  1m?  manifestly 
false  and  erroneous,  and  iberefore  would  not 
produce  or  depend  upon  that ;  But  we  hope  his 
testimony  can  receive  no  advaulafve  from  such 
a  conduct.  And  npon  the  whole  it  appears, 
that  ihou^h  more  imluf^try  has  been  emptoyed 
on  thearfirle  of  enquiry,  yet  as  muny  tnuflakes 
tate^  hem  tnu^t  in  it^  aa  id  any  other. 


Antl  as  for  the  coachman's  book,  alter  all  A 
cannot  be  entirely  relied  on :  because  the 
entries  made  in  his  book  caii  only  relator  (tu  w« 
apprehend)  lo  the  charges  of  tuni(iil..^  »ij<l 
ferryiogs,  or  such  other  matters  t 
was  accountable.     He  had  no  re  -.e^ 

notice  in  such  an  account »  when  his  U 
was  in  the  coach,  when  not ;  and  yourlordtlj 
have  heard,  cannot  be  positive  ou  Utai  br 
And  therefore  bow  exact  toevef  bis 
may  be,  in  respect  to  those  little diabur 
they  can  add  no  weigbt  to  the  oh 
drawn  from  them   by  that  honoiirati 
miltee ;  and  tboug^b  ^reat  stress  has  becQ  ^ 
on  them,  (with  submission  to  your  lor   ' 
they  amount  to  no  more,  than  that  somei 
sons  on  this  side  the  water,  writing  to  i 
the  other  side,  are  supposed  to   meif 
lordship,  sometimes  as   in   town,   ht^ 
country:  and  from  thence  it  \%  ioferre^fj 
they  had  frequent  access  to   him,  and  \ 
quently  the  matter  of  their  correspooilei 
imputed  to  him. 

Had  these  correspmidenta  been  e^ract,  j 
lords,  tuaN  their  accounts  of  his  motions,! 
uo  such  couchn^ions  could  have  bceo  t 
made :    But  as  they  are  of^eoer  wron^ 
right.  It  follows,  they  were  not  »o 
quajnted  with  bis   lordsliip,  or    his 
stances,  as  (to  serve  their  evil  porpoics)  I 
pretended  to  be, 

Haviuy  thus  spoken  as  tn  Ibe  circumit 
of  times,  (which  are  thrown  in  to  indu 
belief  tbat  his  lordship  was  meant  by  that  i  ^ 
reRpondence)  1  shall  next  offt^r  something  as  W" 
the  cant  names:  And  thouijh  it  has  been  iJ* 
ready  observed  to  your  lordships  in  various  un* 
stances,  that  the  names  of  Jones,  lltingtoo, 
and  Weston,  could  not  possibly  belouje;^  to  lii»  i 
yet  give  me  leave,  my  lords,  to  say  further,  tb 
Jones  is  not  onlj^  a  very  common  name(fi  " 
one  society,  T  think,  I  remember  no  le 
sixteen  of  ihe  utme  at  once),  but  that  i 
manifestly  applied  to  very  different 
even  in  the  papers  contained  in  the  Ai 
In  Plunkett*s  cypher  Jonee  denotes 
mans:  Twelve  or  fourteen  times  it 
posed  to  denote  the  duke  of  Norfolk,  in  1 
other  places  to  denote  sir  W,  Ellis;  and 4 
in  Ihe  letters  imputed  to  Kelly,  there  are] 
sages  (besides  those  already  mentioned  to  \ 
lordships)  which  cannot  with  any 
probability  be  applied  to  his  lordship  i  Fa 
stance,  D.  i5«  Jones  and  llhn^on  are,  w| 
the  compass  of  two  lines,  plainly  disting'uil 
as  two  dilfereDt  persons,  and  therefore  ' 
cannot  be  applied  to  his  lordship.  And  la'] 
same  letter,  as  well  as  a  preceding  lette 
13,  Jones  is  mentioned  as  baring  und 
to  do  something  for  a  faoy  at  Eaton,  w' 
well  known  bis  lordship  baa  no  infiueo 
quainiance ;  and  if  he  had  interests 
there  on  any  such  account,  it  would  e&aUy  I 
lieen  discovered.  And  this,  my  lords,  li  « 
"ilrong  instance,  to  shew  the  iijnorance  of  tbf 
^vriter,  even  in  some  of  bis  lorilshrp's  iOO 
torious  drcumitaacei, 


4*^  cthri,/ar  »  TfeoumaUe  Compraeif.  A.  D.  172St 


[558 


t  ofpatns  has  likcwiie  Iieen  Uken 
'  diverii  fiuppositioos  «Q(]  reasoD* 
ore  liial  Kig  iieuotes  lib  lonUbi|i. 
A  tbmtl  take  oolice  but  ofone^  in  the 
icrnrdi  ii^Licb  is  said  to  be  Rr  J. 
l^Re^KJrt  49,  E.  47v  where  soiuethiujj 
''V  improper,  and  obsulutdy 
.  iuoU  ot  tbe  Bisb«p.  Ad 
1  lo  10  be  given  of  llic  difficulty 
bait,  and  it  ii^  addf  d  **  Vour 
^indeed  ofl*ered  all  tliat  could  be 
led  ol*  tbr  p<:*or  rnun*'*  (It* my  instruct 
^np  f.Mr\  M'obryanisa  name  bis  lord- 
k«rv»  r  iWfore,  nor  had  tbe  least 

fn  itk  ■-.  -  i  ,u^  Kell)'*a  buil,  iiorkDOWSlo 
Ly  wbo  I  bey  ure  ^  the  only  words  appli* 
_liiin  in  tins  i>:i&sa-/t>,  ure  those  of  Poor 
me  to  say,  that 
J  body  and  pur&ei 
iniest  alinofit  can  make 
uiy  bttve  reason  (if  your 
s  tbis  Bill  with  all  tbe  se- 
ii)  lo  be  Ijearlily  sorry  be 
'  I'd  tbose  upportu- 
iucb  others  \rould 
Jioju  i>i  ^  ei  ine  leave,  my 

^y ,  he  is  Ti !  A  of  thai  poverty , 

'from  ^\\  iiiyii-^   acquisitions,  and 
€omp]tanee«.     But  tbnt  be  was  a 
\,zi  that  time,  i\  c.  unnblii  to  procure 
Ch  is  the  sense  that  writer  means  it 
any  decency  or  justice  be  ap> 
llus  lordship's  interest  and  station, 
n«:d  himself  in  it. 
Hcive,  my  lords,  to  take  notice  of 
ke  of  that  honourable  committee 
tatne  letter ;    I  mean  a  passage 
)  it  which  is  not  in  it,  to  prove  that 


iiip  are  tbe  same  i^ersoos  ; 

»f  omitted,  but  that  it  breaks 

li  of  reasoniot;  thfre  made  use 

are,  **  how  far  this  late  affair 

(Ri|?)  I  cannot  tell,*'  and  E.  47, 

theot.    Now  E.  47,  gives  an  ac- 

ly*t  eumination  promiscuously 

fliilianiand  was  written  June  lltb  ; 

■!■  wh^re  tbe  words  really  are,  is  E. 

June  (near  a  month  al>er 

i).     Nor  is  there  a  word  in 

_ ;  but  it  mi^ht  be  proper  to 

two  letters,  and  coimecl  these 

111*  in  order  to  make  our,  tliat  Yi\g 

'  liip  are  the  same,  though  they 

ne  to  tbe  other. 

*k^  many  ^ross  errors 

but  if  your  lord* 

'tice  oV  those  aU 

'a»  i  ho^Miyour  Iftt  !  ' 

li  no  need  to  reipird  \U 

%9f  b«f «  sc^me  little  CO 

lllivy  are  dajdivd  with  so  n 

liUMio  many  frtUitics,  tuui  ^i^.>  i.ui 

cmitd  be  fruiity  of*    But  there  b 

ill  others  umrii  hard<>(it  upou  this 

Ihtt  moAt  criminal  in  the  oi&t- 

m  whidi  be  iit  most  deeply 

ckii  liimftsU  I  h^ih9  idler  uT 


April  20tb,  which  ba-  and  orcr  af* 

firmed  by  that  honour  uttee,  as  well 

^  by  the  counsel  fur  tbe  Bdl,  to  be  a  letter  to 
ttie  Pretender,  If  that  be  so,  and  had  been 
proved  by  any  degree  of  evidence  ta  biive  l»een 
dictated  by  bis  lordsblpp  we  should  have  bf'eu 
utterly  at  a  loss  what  to  have  said,  m  a  case 
that  would  have  been  so  fully  within  the  letter 
of  the  law.  Part  of  it,  my  lords,  we  have  aU 
ready  shewn  to  have  been  charged  on  his  b>rd« 
•hip  Vithout  the  least  proof  or  shadow  <if  evi« 
d«nce ;  the  other  part  of  ihe  charge  we  bopt 
now  to  prove  equally,  groundless  and  false. 

1%\X  the  tetter  addressed  to  Jackson  was  not 
to  the  Pretender  (whomever  else  it  may  mean) 
tve  think,  appears  clearly  from  tbe  words  of  it. 
"  our  circumstance  on  this  side ;"  a  phrase  not 
only  used  by  alt  writers,  but  is  tbe  constant,, 
usual  style  ihroughout  alt  the  papers  in  the 
Appendix,  in  contradibtinction  to  France^  whicli 
is  the  other  side^  but  never  to  Italy,  as  the  cas« 
must  be  here,  if  Jackson  means  the  Pretender. 
The  instances  iu  the  AppendijE  are  almost  ia« 
finite. 

Another  reason  why  we  think  the  nsme  of 
Jackson  cannot  reasonably  be  supposed  to  de- 
note tbe  Pretender,  b  from  £,  30,  where  ther« 
is  mention  of  dividing  Clinton^s  money  betweea 
Medley  and  Jackson  ;  t.  e,  says  tbe  liep.  p.  64^ 
between  Ormond  and  the  Pretender,  But  it  i^ 
not  to  be  imagined,  that  a  letter  written  from 
one  devoted  to  the  Pretender*8  interest,  should 
place  Ormond  before  him  ;  tbii  is  so  unlikely, 
that  even  the  committee, speaking  intbeir  own 
persons  at  the  bottom  of  this  verv  page,  sliile 
naturally  inio  the  other  way  of  placing  the 
words,  tlie  Pretender  and  Ormond,  Besidee 
this,  my  lords,  there  are  so  many  familiaritieg 
[to  mention  but  one,  alt  such  pretending  peo- 
ple] in  the  letter  itself,  that  it  could  never  come 
from  any  one  (as  I  before  said)  devoted  to 
that  interest,  at  least  not  to  the  Pretender 
himself,  but  to  some  eijual,  or  rather  to  some 
inferior.  Jackson  therefore  must  mean  some* 
body  cUe,  somebody  in  France,  and  not  the 
Pretender  in  Italy  i  oud  on  this  su^mosition, 
every  word  and  phrase  of  that  letter  is  better 
accouvtted  for  than  on  any  other. 

Tbe  committee  of  that  nonoumble  House  be- 
lovv,  have  been  pleased  also  to  obscrve/p,  45,  46, 
that  Jackson  appears  from  other  letters  to  he  the 
same  as  ^lulcolm  (which  they  say  means  the 
Pretende)'),  and  for  this  reason,  b^cnuse  (p.  54» 
E.  30.)  Clinton's  money  is  to  be  divided  be- 
tween Medley  and  Jackson.  And  p.  50,  some- 
liody  hopes  Clinton  has  sent  Malcolm  half  mo- 
ney ;  which  proves,  indeed,  that  either  Medley 

TV  "^T.lcolm,  hut  which  may  lie 

J  as  it  was  before* 
"  the  Pretender,  it  b 
n  a  made  to  MaU 
,,  .M  I  fti,  for  n  patent,  and 

for  pov  utl  Hep.  p.  45,  T5, 

Butvii:;.  ..*.-:*..  In  uiourable  com- 

mittee, ©either  c  es  ju^vo  that 

asaertioof  aiocc  t  ^^J  wayofap- 

plying  ttt  lucliCASCf,  ii  to  persoui  ci»ploye4 


559] 


9  GEORGE  I.  Proceedings  against  Bishop  Atterbufy^         [560 


under  the  principal,  and  not  immediately  to  tbe 
fountain  head  itself:  and  if  the  late  duke  of  Or- 
mpnd  was  to  have  come  over  last  summer  to 
head  the  IScots,  and  they  daily  sent  pressing* 
messages  to  that  effect,  (as  Mr.  Stauhope  writes 
from  Madrid,  Rep.  p.  75,)  who  more  proper  to  be 
applied  to  by  a  Scotsman  on  both  these  occa- 
sions ?  Malcolm  therefore  (with  submission  to 
the  committee)  more  naturally  means  the  late 
duke  of  Ormood. 

I  may  add  to  this,  my  lords,  that  in  the  cy- 
pher inserted  amonfl^  the  Scotch  papers,  I.  14, 
Davis  and  Lloyd  (not  Malcolm)  is  said  to  be  the 
name  and  designation  of  the  Pretender. 

1  hope  we  may  be  allowed  to  argfue  in  this 
manner,  from  one  cypher  to  another,  because 
the  same  method  has  been  made  use  of  agfainst 
OS,  upon  this  very  article,  both  by  that  honour- 
able committee  and  the  counsel  for  the  fiill : 
for  the  only  colour  there  is  for  interpreting' 
Jackson  to  be  the  Pretender,  is  taken  from 
Plunkett's  cypher,  in  which,  as  it  is  printed, 
Jackson  is  set  over-against  the  name  of  the 
Pretender,  and  from  the  titling  to  the  draught 
of  a  letter  of  Plunkett's  to  Jackson,  C.  41,  and 
admitting  this  letter  to  have  been  so  entitled  by 
himself,  ^which  has  not  yet  been  proved)  yet  it 
does  not  lollow,  as  1  observed,  that  because  a 
letter  addressed  to  one  at  Rome  by  Plunkett, 
under  the  name  of  Jackson,  signified  the  Pre- 
tender, that  another  letter  directed  to  one  of 
that  name  in  Prance,  by  a  quite  different  per- 
son,  should  likewise  necessarily  signify  the 
Pretender.     This,  my  lords,  1  beg  leave  to 
say,  is  no  certain  or  natural  consequence :   but 
it  is  most  certain,  that  that  draught,  whomso- 
ever it  was  intended  to,  was  not  written  upon 
that  cypher  which  the  committee  referred  to, 
in  order  to  have  it  thought  to  have  been  writ- 
ten for  the  Pretender ;  tor  there  is  but  one  only 
of  the  many  cant  names  in  the  whole  letter 
which  is  to  be  found  in  that  cypher.    But  if 
your  lordships  will  be  pleased  to  consider  that 
cypher  a  little  farther,  it  will  ap|>ear,  that  the 
very  persons  supposed  to  be  concerned  in  dic- 
tating  this  letter  to  Jackson,   were   utterly 
strangers  to  the  correspondence ;  for  it  consists 
of  150  names,  and  no  man  can  find  above  four 
that  are  in  this  cypher,  or  in  all  that  voluminous 
correspondence  attributeil  to  Kelly,  nor  any  of 
those  four  ever  used  in  the  letters  supposeck  to 
be  writ  by  Kelly  ;   but  in  those  only  supposed 
to  be  written  to  him  from  abroad. 

The  name  of  Jackson  is  not  once  in  all  that 
correspondence  applied  to  the  Pretender:  and 
thougli  there  be  a  hundred  proper  occasions  of 
mentioning  him,  it  is  always  under  some  other 
appellation.  And  Plunkeit  himself,  in  his  exa- 
mination, C.  7S,  sect.  14,  (when  he  conld  not 
possibly  know  the  tendency  of  the  question) 
Dot  onfy  says  positively,  that  he  never  writ  to 
any  person  by  the  name  of  Jackson,  and  does 
not  know  who  is  meant  by  it.  but  it  is  also  re- 
markable, my  lords,  that  m  all  the  letters  said 
to  be  written  by  him  upon  that  c\  pher  (after  it 
wai  formed)  he  never  once  stiles  the  Preleiuler 
JackfODy  but  either  Joseph  or  Jephtoo.  M  to  aqpie 


The  first  of  these  letters  is  io  May,  17)1, 
and  thei-et'ore  that  honourable  committee  bare 
with  great  exactness  placed  this  cypher  immt- 
diateiy  before  it,  as  supposing  it  aboatthat  tioie 
framed  ;  for  all  the  preceding  letters  are  mni- 
festly  written  upon  another  cypher.  Nowthii 
letter  of  the  SOih  of  April,  supposed  to  be  dic- 
tated by  his  lordship,  was  written  before  tfart 
cypher  of  Plunkett's  was  frametl,  and  cesw- 
quently  could  not  take  a  name  from  a  cypher 
which  then  had  no  existence. 

There  is  another  observation  of  that  booov- 
able  committee,  which  1  beg  leave  to  takeai* 
tice  of.  They  say,  that  the  cypher  made  m 
of  in  this  letter  to  Jackson  is  the  saine  mtis 
use  of  in  the  letters  from  the  late  dnke  or(k>> 
mond's  agents,  and  in  letters  to  Dennis  KiA; 
and  yet  the  Pretender  has  some  other  nanM 
such  letters,  but  in  none  of  them  ever  once  ilBil 
Jackson.  How  comes  it  then,  my  ionii,lM 
he  should  be  stiled  so  once  in  this  one  Jdlar, 
and  never  before  nor  afler  by  that  writcritrkj 
any  other  ? 

We  have  been  the  longer,  my  lord^  inn- 
moving  this  imputation,  because  of  all  odMnik 
is  the  hardest  and  most  unjust  upon  this  refe- 
rend  prelate;  and  npon  the  whole,  we  boss  it 
is  fully  and  effectually  done  (notwithsCanuf 
the  difficulties  we  had  of  proving  a  negatifej 
and  even  from  those  lights  and  materials  ihi 
committee  themselves  have  afforded  as:  n' 
if  we  had  had  an  opportunity  of  inspectiDglhi 
originals,  we  doubt  not  we  should  havo  ISN 
able  to  have  proved  much  better,  thatJicfciMi 
to  whom  this  letter  of  the  20th  of  April  wee 
directed,  could  not  possibly  mean  the  Fk«" 
tender. 

And  if  that  be  the  case,  as  it  certainly  is.tt' 
it  appears  farther  by  the  evidence  wliicb  f» 
shall  produce,  that  these  three  letters  of  April 
120th,  were  not  and  could  not  possibly  be  die* 
tated  by  the  Uishop,  the  foundation  of  thi 
whole  Charge  is  destroyed,  and  couseqoeDllr 
all  the  supurstructui*e  must  fall  to  the  ^nnL 
Nay,  I  will  venture  to  affirm,  that  it  is  impii- 
sible  for  them  to  form  any  scheme  to  prove  ibt 
Bishop  wrote  these  letters,  but  what  is  and  will 
be  actually  disproved  and  falsified,  by  fooo 
part  of  their  own  evidence. 

Having  thus,  my  lords,  gone  through  every 
part  of  the  Charge,  I  must  crave  your  lord- 
ships' patience  yet  to  speak  to  two  thingi» 
which  have  been  much  in&isted  on  by  theoooa- 
sel  for  the  Bill.     That  when  your  lordship* 

Kroceed  in  a  legislative  capacity,  you  are  not  19 
c  guided  by  the  rules  aud  niceties  of  law,aai 
therefore  that  we  are  not  in  this  case  to  ex|iet^ 
an  evidence  strictly  legal.  The  other  thinf 
was,  that  at  this  time  of  day,  circumstaotiw 
evidence  is  sutBcient  in  a  charge  of  high  tret* 
sun,  as  the  case  now  before  you  is.  l^is,  iSf 
lords,  we  have  heard  fully  and  oflen  repMteii 
as  it  were,  to  anticipate  us  in  this  objectii^ 
which  they  themselves  knew  to  be  ao  jaUV 
founded. 
i  have  80  far  acted  io  eomi 


i 


far  acted  io  eomplaiiaiioe  la  tiM 
efaiefly  oo  Iho  SipCi  msi-MtMt 


mnd  oiheri,for  a  Treasonabk  Conspiractf.  A.  D.  1723. 


[562 


MliemielfeSf  nnd  uiid^r  the  Tery  same 
^Ui^Y  liriv#"  m(-v*MitPf|   them  to  us,   atid 
||pe,myl''  ires  Irora  them  liave 

[Diurt*  iirtioM  more  nnKrinl, 

j!ies  mnch  trreaier  than  theirs  ; 
It  yjtnv   (consiilereH  uhsiraclly 
litttt  iht:  tommtm  hkw  and  the  comm(»(i 
th^  reahn  requirps.)  I  hnpe  we  have 
'  \  to  your  lonUhips'  Haiisfaction,  and 
Vtmn  r>f  every  reasoiiJiMe  or  inijmr- 
are  no  grounds  Tor  wliat 
11 ;  And  I  hat  all  who  hear 
J  jU'  f,  how  thi^  reverend  prw- 

1  «^d  (as  he  is  in  the  prea  m  * 

lie  Liir;  >>iiii  tii  jng  dee|*l^  coneernL'd  in 
directing^,  and   csirrymg   on  a  eon- 
i%!Mn  it  Ufl8  not  hVen  jn'Oied^  thflt 
tiyooe  ronsultatioD  concern- 
is  arc,  jjave  unv  one  direction, 
my  one  en  mm  at  act^  writ  ten, 
lied  anyone  crimtnal  Itiler; 
r  «hoold  if&ve  tnf;istlnf!f  on  an  evidence 
p^leg^af,  or  a  proof  acc<ndmg^  to  the  known 
T law ;   give  me  leave  to  say,  my  lords, 
f  H  ts  true,  there  has  not  been  a  reason- 

ret,  my  lowl«,  I  shall  always  in^lsti  both 
V     m,  and  at  counsel  to  this  reve- 
re oujrhi  to  be  u  legal  evidence 
^  VI.  ii  as  in  any  other  criiikiuiilpro- 
11  iliere  is  any  «liflerence,  it  h  in 
|v,  thai  aa  there  are  certainly  many 
^UKxmTeiiiencies  to  the  subject  in  this 
©r  proccedin^t  there  ouj/hl  \f)  he  a 
J  prcHif,  and  a  Conviction  more  Kti  icily 
J  ivitl  always  hone  your  lordships  will 
\  m  proof  in  auch  heavy  charges,  ajfi  ee- 
^^tlie  tatm  of  itte  land,  and  the  rules  und 
OQs  of  ol hiT  J  ndicatures.    I  am  far  from 
J  your  lordships  are  ctrcuroacribcd  by 
Bf  nl  inferior  courtii,  because  they  are 
own  nature  discretioniir}*,   and   the 
beroielves  otlen  vary  and  depart  from 
Hut  ihc  fundamentul  maxima  of  law, 
irca  of  justice,  and  the  po- 
hl  ictof  parliament,  are  of 

-'  'ti rilling  every  where, 
Krs<i  ^,  (a«i  loni^  at  they 

!  Uv  ^  ,.,uiHelf  not  excepted. 

I  h.  H"  cafryinsT  ray  assertion 

but   L  N)  taught  by  the  Bill  of 

llbmttlie  kin$^  himself  is  bound  by  the 
W  It  is  not  in  his  |K)wer  to  alter,  sua* 
For  diafienve  with  law<i.     But  if  the  doc- 
ftf  Ihr  ronnici  for  the  Bill  \%  true,  and 
-  ty  to  follow  the  dictate^i  of  hi.s 
nod  whwt  ndi'i*  he   pleases; 
id  arbiirnrinesi 
1  LUgs!  IVivale 

ce  to  eserdse 
on, 
Mt:  iliat  hears  me, 
time  or  other  be- 
'<^     t^^bedidatilrst 
of  what  was 
,  -    i     Mia  tAefwards 


Jltti*^  hi 

W^^MtfW  ; 

^H-verisod  yx^ 


t\  i  mkiUiktu  t   IV  bat  it  wmvi  a>iii* 


xvr. 


tncm  than  for  men  iliai  aj^^ree  in  tbe  same  no- 
lion*  of  morality,  to  deduce  different  contain* 
siouii  and  uppticationis  from  them  i  (even  whero 
interest  or  pariiality  do  not  intervene  ;)  and 
tb<*refore  the  wi&doru  of  the  law  of  Enghi nd  has 
been,  to  determine  general  notions  of  justice 
jmtl  right  by  particular  rnle«  and  applieationi^ 
in  order  to  settle  that  variety  and  inconstancy, 
which  without  some  est^bU^hrd  rule,  must  ne* 
cessarily  futlow.  Where  then  shall  we  go  for 
inie  an«l  proper  notions  of  low  or  equity,  but  to 
those  great  oracles  and  fountains,  my  lorda  the 
jurfgea?  What  better  guide  or  more  certain 
rule  can  any  one  of  your  lordships  propose  to 
himself,  than  the  constant  and  uniform  judge- 
ment of  those  whom  the  ronstitutiou  of  this 
kingdom  bavt?  made  the  proper  dispensers  of 
justice,  and  the  interpreters  of  law  T 

ft  is  your  lordithipi*^  peculiar  Qdvanta^e,  to 
he  continually  asaisied  by  gome  of  my  lord*  the 
judges  ;  and  we  hofie  in  this  ioBtance  (if  any 
doubt  can  at  last  rctnain)  your  lord!>hips  will 
hear  their  opinion  with  the  same  deference  and 
candour  as  m  former  cases.  Let  it  never  be 
said,  my  lords,  that  you  who  are  the  supreme 
i^yer  oi  the  kingdom,  whose  judgments  and  re* 
aolutionif  are  laws  to  other  courts,  and  ougitt  lo 
be  an  example  to  all  others  in  the  justice  aud 
ctjuiiy  of  your  or  occedtngs,  that  your  lord  i»  bins 
will  not  regard  the  solemn  judgment  of  the 
judges,  or  the  usages  of  former  parhuments: 
and  let  it  not  be  said,  that  because  other  courts 
are  bound  by  a  law  to  require  such  and  such 
circumstances  to  infer  an  offence,  or  such  a 
proof  before  they  condemn  a  man,  that  youp 
mj  lords,  will  follow  yont*  own  private  opinion, 
make  what  you  please  to  be  an  otTcnce^  with- 
out any  evidence  at  all,  but  upon  mere  bear- 
nays,  conjectures  and  suppoisitions«  Who  can 
read  that  melancholy  case  without  concern, 
which  my  lord  Coke  has  in  his  3d  VivsXX.  of  an 
uncle  that  was  condemned  and  executed  for  the 
supposed  death  of  his  niece,  merely  upon  a  train 
of  presumptions  and  circumstantial  evidence; 
or  Harrison^a  case,  within  memory,  where  the 
father  and  mother  both  sutfercil  upon  presump- 
tion for  a  supposed  murder ^^  And  with  what 
shame  and  remorse  did  that  hasty  judge  see 
himself  convicted  by  the  person ^a  returning 
from  beyond  sea  F  And  every  one  almost  re- 
members the  charge  of  treason  against  ihit  re- 
verend preliile*s  predecesior.  If  such  a  BiT 
had  been  thought  on,  or  much  stronger  evl' 
dencc  had  been  received,  it  might  have  passed 
before  the  truth  could  have  appeared :  bttt 
happy  wa«  it  for  that  innocent  prelate,  that  a 
quiie  contrary  method  wa»i  taken,  and  bin  ac- 
cusers brou  (flit  face  to  face  to  him,  by  vihicf 
he  quickly  discovered  tlve  villainy  of  those  roie 
creanLs,  Private  opinion  or  persuasion^  I  her 
fore,  W  such  a  poiitioa  that  every  houeat  i 
oug^ht  to  disclaim  in  these  cases ;  and 
greater  the  erinie  is  iti  whtch  he  te  to  jud 

♦  See  vol  14,  p,  liJlU.    8ee,  too,  cot»ceri 
tng  circumstantial  evideuceg  the  catea  of  GracOpl 
ToL  14,  p.  1199,  and  of  Stewart,  a.  o.  ll^% 

90 


563] 


9  GEORGE  L  Proceedings  against  Bishop  Allerburyf         [56f 


tlic  stronger  proof  be  ought  to  require :  aod 
\vhen  one  adheres  strictly  to  justice,  aud  goes 
according  to  the  *  allegata  et  probata/  by  the 
best  rules  and  reasons  of  law  ;  whatever  nois- 
takes,  misinformations  or  false  evidence  may 
happen  in  the  case,  he  can  never  have  cause  to 
repent ;  and  neither  the  present  age  nor  poste- 
rity can  blame  him. 

It  was  formerly  a  miestioo,  whether  the 
Star-chamber  was  bouna  by  the  rules  and  re- 
solutions of  other  courts  ?  And  the  many  ex- 
cesses, and  extravagant  opinions  in  this  respect 
was  the  reason  thai  ancient  court  was  laid  aside. 
And  it  has  been  as  great  a  question,  whether 
the  Court  of  Chancery  was  to  be  guided  by 
rules  and  precedents ?  But  the  better  opinion 
has  always  been,  that  a  judge  in  equity  ought 
to  regard  the  rules  and  resolutions  that  have 
been  in  like  cases;  unless  he  is  resolved  to 
make  decrees  totally  arbitrary. 

For  though  equity  aud  reason,  in  itself,  is 
the  same  all  the  world  over,  and  nothing  can 
ahrr  the  proper  and  intrinsic  notions  of  it ;  yet, 
as  the  matters  ahuut  which  it  is  conversant  are 
represented  in  different  circumstances,  and, 
like  streams  of  water,  will  receive  some  little 
tincture  from  the  soil  through  which  it  runs, 
and  there  is  something  in  every  man's  temper 
that  will  slide  into  his  best  formed  notions  ;  it 
shoivs  the  necessity  of  some  fixed  and  esta- 
blished rules,  at  all  times,  and  in  all  places  of 
judicature.  Aud  therefore,  in  that  high  court 
of  e<juity,  though  the  rigour  of  the  common 
law  is  in  some  respects  softened,  yet  there  is 
nothing  more  known,  than  that  it  is  not  to  be 
impeached  in  any  of  its  essential  and  funda- 
mental points. 

1  hope  your  lordships  will  pardon  me,  if  I 
mention  an  authority  or  two  of  great  name, 
that  expressly  say,  the  High  Court  of  Parlia- 
ment is  likewise  bound  by  the  rules  of  l^w. 
Lord  chief  justice  Holt  says,  the  authority  of 
parliament  is  from  the  iaw  ;*  as  it  is  circiim- 
Hcrilied  by  law,  so  it  may  be  exceeded  ;  aud  if 
they  do  exceed  their  lev^al  bounds  and  autho- 
rity, their  acts  are  wrongful,  and  cannot  be 
juslilled  any  moi*e  than  the  arts  of  private  mm. 
J  might  add  to  this,  the  opinions  of  Vaughan, 
JIale,  and  ilohart,  to  the  same  purpose  ;  that 
the  rules  of  law  ought  to  guide  in  passing  of 
acts  of  parliament,  as  well  as  in  the  ordinary 
course  of  judicature.  But  when  I  mention  the 
sense  of  a  living  authority,  that  has  filled  the 
higliest  stations  in  the  law,  and  so  great  an  or- 
nament to  your  lordships'  honse,  and  whose 
meriis  have  been  so  lately  distinguished  by 
now  hoiiiMirs,  I  need  cite  no  more.  It  was  in 
a  case,  where  the  same  doctrine  was  advanced 
(that  tlie  parliament  was  not  bound  to  conform 
to  the  rules  and  proceedings  of  other  courts) : 
in  answer  to  which,  that  noble  lord  with  great 
truth  ol.scrved,  that  those  rules  were  not  to  be 
patterns  to  them,  only  because  they  were  rules 
of  those  courts,  but  because  they  were  reason, 
and  reason  approved  of  by  long  experience, 

«  Salk.  Rep.  505. 


and  they  obtain  there  as  rules  for  that  cmk; 
and  I  hope  ^saj^s  he)  that  is  a  cause  whv  tht 
House  should  imitate  them,  as  much  as  Weit- 
minster-  hail ;  or  else  how  cao  they  be  said  ta 
go  according  to  reason  or  justice,  when  tbej 
go  beside,  or  transgress  those  rules  P 

Besides  these  great  authorities,  there  bife 
been  times,  when  parlianieDts  have  thoagfat 
themselves  bound  by  the  common  rules  ud 
proceedings  of  law,  and  parliaments  that  were 
very  tender  and  sensible  of  their  own  bower  is 
other  respects.  Not  to  mention  se?eral  anciest 
acts  of  reversal,  because  judgments  giveo  Is 
parliament  were  not  pronounced  accordisg  It 
the  known  laws ;  there  is  the  act  tor  the  tf« 
tainder  of  the  earl  of  March,  because  he  M 
been  instrumental  in  procuring  the  attaint tf 
another  lord,  under  pretence  of  a  letter,  iiKA 
(the  record  expressly  says)  was  no  evidatt. 
And  the  record  for  reversing  the  attainder  rf 
Roger  Mortimer,  28  E.  3,  sir  Thomas  Haikj, 
&c.  is  expressly  declared  to  be,  because  tbCT 
were  attainted  contrary  to  the  grood  laws  ui 
customs  of  the  realm.  And  not  only  the  (sir* 
yers  and  the  histories  of  those  times  condenB 
them  as  grossly  contrary  to  law  and  juiliee: 
but  the  sut.  1  £.  6,  cap.  12,  is  directly  levdM 
at  them.  For  it  recites  that  those  proceedisgi 
were  terrible  and  extreme,  introduced  for  ptr^ 
ticular  policies  and  purposes ;  repeals  levcnl 
statutes  that  had  been  enacted  in  the  precedisr 
reigns;  and  that  there  mi&^ht  be  no  nioremci 
for  the  future,  reduces  all  treasons  to  the  as* 
cient  standard  of  the  25  £.  9,  and  goes  on  asd 
enacts,  that  no  |)er8on  or  persons  (i.  e,  mj 
lords,  as  I  humbly  apprehend,  no  manner  m 
persons,  ui  no  manner  of  place,  court,  or  oe- 
thod)  shall  be  convicted  for  any  ofTeoce^^ 
treasons,  petit  treasons,  misprisions,  for  which 
the  offender  shall  in  any  wise  sufler  any  paisl 
of  death,  imprisonment,  loss  of  goods,  or  the 
like,  uuless  accu!»ed  by  the  teKtimony  of  t«e 
lawful  and  sufficient  witnesses.  The  stet 
5  E.  6,  cap.  11,  goes  further,  and  says,  then 
shall  not  only  Ire  two  \s  itnesses,  but  ihoee  two 
witnesses  shall  he  produced  in  person  hefos 
the  party,  and  shall  before  his  face  maiotais 
and  avow  what  they  have  to  say.  The  wordi 
of  this  statute,  as  well  as  the  former,  aress 
general  as  they  can  be,  without  any  exceptioB 
of  place  or  proceeding. 

But  notwithstanding  these  two  statutes,  tbeit 
was  still  occasion  for  the  stat.  7  W.  S,  toai- 
certain  treasons,  and  to  regulate  the  method  n 
trials.  For  there  hail  been  several  tender,  coo* 
plaisant  laws  introduced  by  the  pretended  leel 
of  ministers,  with  a  peculiar  eye  to  the  prioei 
on  the  throne;  which  though  others  cuuld  ooC 
apprehend  the  justice  or  necessity  of,  yeto* 
these  laws  there  had  been  many  unreasooaUs 
penalties,  undue  and  irregular  prosecutions  is 
the  preceding  reigns,  and  which  sir  Jo.  Havrki 
remarks  as  one  of  the  great  and  immediali 
causes  of  the  Revolution.  And  to  abew  tbs 
resentment  of  the  nation  on  these  proceediBA 
reversed  by  particular  sets  « 


they  were  all  _^  , 

ptruunent;  aod  to  prefcnt  the 


ArM 


m] 


snd  others, Jhr  a  Treitsonahle  Conspiractf.  A.  D,  1723, 


[560 


fulare^  that  gkirious  stntiitp.  wfts  iDAite  of  ttie 

it  Wi  3,  caji.  3,  ihai  jjersnas  acrusei!  as  of- 

hfei-H  vhtmld  be  justly  and  equjilly  tried,  and 

t  debarred  of  all  just  and  e4|ual  means  for 

"  nee  of  ibeir  innocency*     And  whoevfr 

hi$  <^yc  over  ilie  preetdinj^  irials,  will 

I  p%  ery  clause  of  thai  sJlatule,  ns  it  ^^-ere^  a 

ticular  provision  againi^t  the  misjchiefs  thut 

"  beea,  ftiid  lo  prerenl  the  like  for  tbe  iiine 

looftie. 

[  do  admit)  my  lords,  tlif  re  is  a  pi^oTiso  in 

lend  of  that  statute,  that  it  shall  uot  extend 

f  Kiy  impeachments  or  proreediiififa  in  par* 

enl,  and  therefore  I  don^t  mention  it  as  a 

to  fmrlmmentary   proceedings  iu  all   re* 

ak  it  is  to  inferior  courts  :  but  sitrely 

treason  ami  justice  of  that  act  ought  to  be 

[guide,  as  far  as  it  is    consistent  with   the 

iure  of  your  lordships*  proceedinij«*     And 

Qtich  as  it  ivas  the  sense  of  I  he  whole  le« 

ktature,  and  the  united  voice  of  the  nation  at 

it  time,  and  tin  a  deur-bou^ht  expeiience^ 

[ii  surely  so  far  worthy  of  yowr  lordships^ 

iUiion.     It    can  never  be  consistent    with 

bhe  wisdom,  to  run  again  into  the  same  mis* 

ef  from  vthich  w<s  are  so  happily  rescued,  or 

tplit  on   the  Tery  same    rocks,  on  which 

iaoy  of  your  lordshtps*  noble  ancestors  have 

bed* 

And  it  can  never  be  (with  submission  to  your 
labips*  betl erj lid tj mentis)  a  natural  or  a  rea- 
ble  coustruction  of  that  proviso  to  enlarge 
proceed iny^s  of  parliament,  or  to  give  a 
»ter  latitude  ih^n  ever  they  had  before, 
I  to  remiud  your  lordships  how  the  usaj^e  of 
etit  was,  preeedinjj  this  statute,  I  need 
but  two  or  three  instnnces  out  of 
Lord  Delttttiere^s  case  in  king*  James's 
ItjBfi,  where  there  was  one  po^ilire  wit- 
tan  d  a  strong  circumstantial  evidence  ;  and 
I  your  lordtthips*  predeccss^ors  thoue^ht  that 
iniBcient  to  find  him  guilty.  The  lord 
CDfnrd^s  case  in  tbe  very  same  year,  where 
lk*re  was  also  one  witness,  and  sirone  circum- 
itauces ;  and  he  was  in  the  like  manner  ac- 
quitted,!  '"  '^^^  '^^^  ^^  ^^^  ^^^^  ***  ^^^"»- 
167?,  for  blasphemy  and  abuse  of  tbe 
ament,  your  lorrlships*  predecessors  de- 
that  the  single  testimony  of  a  com- 
r,  tboug:h  on  oath,  was  no  sufficient  evi- 
e,agiiinst  a  peer  denyin^r  the  fatft  upon  his 
our;  and  upon  that  u4d rested  bis  muje^ty 
\  might  be  releasctl  Irom  bis  imprison- 

«t  I  humbly  apprehend,  your  lordships 

jjjht  fit  to  admit  some  of  the  rejarnla- 

ihat  act  into  your  proceedins^,  such  of 

(as  1   liefore  said)  as  are  agi^eeable  and 

ksitteut  wiib  the  nature  of  your  proceedings. 

Imr  lordahips  bare  beeo  "pleased  to  allow 


•  See  his  Case.  vol.  it,  p  509- 
^  i  From  mipection  of  theXords'  Journals  in 

\  ffign  of  James  the  second^   I  am  inchued 
^  belief eibal  no  trial  of  lord  Stamford  vras 


counsel  to  a  prisoner  iu  treason  to  speak  to 
matters  of  fact  as  well  a^law:  you  «!h»w  a 
copy  of  the  diar^-e  aj^uinst  him  ;' you  retpiirft 
the  v*ilnessfor  hi1ii  to  h**  upon  oivlh,  as  well  us 
arraiu^t  him  ;  neither  will  your  lurdstiips  udinit 
evidence  of  a  fact  not  in  the  choiefe.  And 
surely,  my  lords,  there  is  as  much  reason,  and 
a#  much  equity  (o  require  (as  that  statute  re- 
quires in  the  courts  below)  the  testimony  of 
two  lawful  and  sufBcient  witnesses.  Nay,*my 
lords,  I  hope  the  reason  is  much  Jitroqper,  l)c- 
cause  (although  your  lordships  shotdd  con^der 
yoarselvesas  unrestrained  by  the  stal.  7  Will.) 
yet  it  is  positively  required  by  l>otb  the  statutes 
of  Ed.  6,  which  arc  geoeraf  and  without  ex- 
ception, (as  1  before  observed)  and  because  it  is 
Bg'reeable  to  tbe  usa^e  of  parliament  (^ts  I 
have  likewise  shewn)  from  that  time  even  tlown 
to  the  Stat.  7  Will,  And  if  your  lordships  are 
not  enlaiffed  by  the  statute  of  king  William, 
and  the  statutes  of  Edward  6  are  still  laws, 
tfive  me  leave,  my  lords,  lo  say,  it  can  nevpr 
be  just  or  lawful  to  take  away  any  mnn^K  life* 
or  hlierty  on  less  evidence  than  what  those 
statutes  require,  in  any  place,  or  hy  any  n>e- 
thod  whatsoever.  Because  I  am  taught  by 
casuists,  that  every  just  law  is  a  rule  of  con- 
science, whether  divine  or  human  ;  and  no  man 
can  say  hisconscience  is  ?oid  of  offence  towardt 
God  or  man,  unless  he  acts  according'  to  tbe 
laws  of  the  one  sort,  as  well  as  of  the  dtlter. 

And  if  your  lordships  will  giv6  me  learelosfep 
once  more  out  of  the  verg-e  of  my  own  profes- 
sion, I  wilt  mention  a  word  out  ol  the  civil  laif 
conformable  to  this:  that  is  a  law,  my  lords,  in 
some  deg^ree  receivetl  by  all  nations,  as  a 
scheme  of  the  greatest  equtty  and  ju<«tire.  The 
number  of  witnesses  by  thai  law,  ought  lo  be  two 
at  leant,  lo  make  n  full  proof,  and  free  from  all 
exceptions,  both  as  to  their  persons  and  to  their 
de|jOfiiion.  The  testimony  of  a  single  witness 
is  of  no  validity,  unless  where  other  circum- 
atftoces  concur  j  and  it  was  not  the  manner  of 
tbe  Romans  to  condemn  any  man,  before  thai 
he,  which  is  accused,  have  his  accusers  face  to 
face.  And  this,  my  lords,  is  not  only  the  dead 
letter  of  the  Code  and  tbe  Dig.  but  the  learned 
Groenw.  in  his  notes  upon  these  taws,  says,  It 
is  the  general  policy,  and  obtaimt  at  this  duy  in 
most  parts  of  the  world,  f  do  o^n  that  there 
are  many  cases  that  happen  with  us  in  tho 
courts  below,  where  the  testimony  of  two  wit- 
nesses is  not  required;  but  then,  my  lords,  it 
is  when  tbe  trial  is  by  jury,  that  is,  when  twelve 
men,  coming  from  the  party  V  own  neigh bour- 
bofxl,  and  consequently  must  be  suppoi^ed  to 
know  something  of  liie  fact,  upon  tlieir  own 
koowiedt^e  find  a  verdict  upon  their  onths.  But 
1  need  not  soy,  that  even  in  a  ti  lal  by  jury,  if  it 
is  a  case  of  high -treason,  like  this  now  tvefore 
your  h>rdi!»hjps,  there  ninst  be  two  wimesaes, 
and  nothing  less  can  warrant  the  verdict.  And 
suirly,  my  lords,  it  is  a  practice  fouude^l  on 
reason  ;  not  beirause  this  or  that  law,  or  this  or 
that  court  requires  it,  but  because  rt  iHah^iolut^- 
Iv  necessary  tor  the  discovery  i»f  truth ^^i\vW«t 
tlti9  tbrniiag  of  %  rvg,Vi\  \^)A^tucu\^'w^i«^^^%^  ^\^\ 


I 


I 

I 
I 


867J 


9  GEORGE  L  Proceedings  against  Bishop  Aitetbury^ 


IK  swore  be  true  or  false.  One  wilncss  may 
mistake^  or  be  perjured,  and  yei  hsjipen  to  be 
consbtefjt  witb  himself;  but  when  ibere  are 
two  separately  exaajined,  tho  truth  is  much 
lanore  casiU^  found  ouL  And  though  a  criminal 
rmay  now  and  then  escape  for  want  ot'  iuch  a 
^roof,  yet  that  would  be  a  far  less  evil,  than  to 
trust  %o  much^  iu  cases  so  penal,  to  circun^- 
stances  and  presumption,  and  to  the  malice  and 
mistakes  of  one  person. 

Bui  if,  ootwiihstandingf  the  opinion  of  the 
^reatesl  lawyers  both  English  and  foreigti,  your 
|«wn  uniform  usage  and  re^oiittio.:^  and  the  rea- 
of  rhe  i\\n\)*  itself,  your  lordships  are  re- 
'  VoUed^  in  £hls  one  instance,  to  follow  every  one 
Ilis  onrn  prii^ate  and  particular  conscience;  let 
ercry  one  hearken  to  that  still  voice  within 
him,^iih  an  honest  attention,  unto  those  secret 
wliisperiniijrs,  ^jih  temper  and  inotleration. 
Let  no  man  be  swayed  by  hopes,  over-ruletJ  by 
fears,  or  IrunsporteJ  by  zeal  beyond  the  bountfs 
of  justice,  atid  through  this  reverend  prelste's 
•ide  give  a  wound  if»  himself  or  posterity, 
which  may  never  be  cured.  Consider,  my 
lords,  if  not  for  hit,  yet  for  your  own  sakei,  the 
circumBtunces*  the  probabilities,  and  efidence  on 
both  sides,  wtih  an  unbiassed  couscience,  and 
by  the  measures  of  law  and  justice.  For 
thoun;h  some  proceedings  may  seem  convenient 
to  certain  limes  rixi^  occasions,  yet  unless  tliey 
agree  with  the  law,  with  reason,  and  with  jus- 
tice, no  man  ought  to  think  he  has  any  power 
to  consent. 

There  is  a  noble  instance  on  record  of  the 
lord  Dijjby,  and  worthy  of  every  one's  imita- 
tion.    He  had  been,  my  lords,  one  of  the  most 
violent  managers  in  the  impeachment  of  the 
lord  Strafford;*  and  yet  when  that  prot^eeding- 
was  w  a  veil,  and  a  Bill  of  Attainder  brought 
in,  he  spoke  as  violently  aj^ainst  it:  thousririie 
was  Ktill  of  opinion  (he  said)  that  that  lord  was 
the  same  dangerous  minister,  and  g^reat  apos- 
tate to  the  commonwealthp  who  tnugt  not  ex- 
pect to  be  pardoned  in  this  world  till  he  was 
dispatched  to  another;  yet  he  had  rather  lose 
ilis  hand  than  put  it  to  that  dispatch.     Uc  put 
them  in  miud  of  the  diflerence  between  prose- 
cutors and  judges,  and  how  unbecoming  that 
I  Hervor  was  iu  thfem,  now  Ihey  were  judges, 
fhich  perhr.ps  might  be  commendable  in  them 
I  prosecutors  i  that  when  he  grave  his  consent 
to  the  accusation,  he  was  assured,  his  crimes 
would    have  been   fully  and  legally  proved, 
which  if  they  had,  he  could  have  condemned 
him  with  innocency,  as  he  had  prosecuted  him 
rith  earnestness ;  but  as  the  case  then  appear- 
l«d,  no  man  could  satisfy  \%\z  consricnce  %n  the 
|4oing  of  it.     The  parliament,  it  is  true,  had  ii 
Ijndicial  and  a  legislative  capacity ;  the  inca- 
|f  ure  of  the  one  ousfht  to  be  legally  just,  the 
Tot  her  political  and  prudential :  bat  these  two 
Ivapscities  were  not  to  bo  confoituded  in  judg- 
I  ment ;  they  were  not  to  piece  up  (says  he)  the 
rwant  of  legality  hy  matters  of  convenience,  to 

*  See  the  f -ase  of  lord  StralToid,  iq  vol  3,  p. 
IdSl^oftbiiColkctivir. 


the  ruin  of  a  man,  by  a.  law  made  '  ex  pcmte* 

*  riori/ 

What  can  I  say  more  ?    For  it  miisit  tfip 
to  your  lordships  by  this  time,  that  thii  i 
ceeding  is  ci»ntrary  to  the  fundamenlil  I 
the  kingdom,  contrary  to  public  wtsdofiRt 
unjust  iu  itself:  that  the  reasons  aiid  sug 
tioiis  upon  which  it  is  grounded  have  aoit 
proved  with  any  colour  of  legTil  tvid 
with  any  degree  of  proof  or  probahilir 
ought  to  satisfy  the  conscience  of  an* 
reasonable  man.     But  if  the  matters, ' 
have  humbly  laid  before  your  lordship, 
not  all  the  weight,  which  I  \\Q\^t  the| 
or  if  I  have  omitted  any  thing  that  la  I 
or  necessary  for  this  reverend  prelate's  < 
your  lordships,  1  hope,  as  judges,  (siisd  1 
quently  in  some  measure  of  counsel  for  i 
prisoner)  will,  from  your  own  observattoQ,  i 
ply  it.     Or  if  1  have  laid  them  before 
lordships  in  an  improper  light,  or  a  less  ell 
tugl  manner  than  others  might  have  done; ; 
the    case   itself  will  spealt   better   and 
strongly  than  any  words  «ir  expressions  of  fi 
can  do.     It  is  the  cause,  the  fortune,  audi 
liberty  of  a  most  reverend  and  Irarned 
who  IS  to  be  stripped  and  torn  from  the 
ntties   and    preferments  which  his  own  bjj 
merits  justly  called  him  to,  and  which  he 
ever  since  adorned  with  the  greatest  Itisl 
upon  what  slender  and  insiifticient   gro 
your  lordships  have  already  hfrard,  and  1 1 
going  to  sav,  without  precedent :  hut  I  i 
own   there  bave  been   instanee«   of  deprt^ 
tion,    some  in  the  beginning  of   queen 
xaUeth's    retgn,    and  'some    others  since  ( 
He?olution.       But    yet    they    were 
general  law,  then   in   being,  and  an  ibctf 
city    voluntarily   incurred   by   thofie  prelaH 
after  the  full   knowledge  and   nublicatioti  I 
those  laws,  by  refusing  to  give  th.it  security' 
the  government,  which  at  those  times  wai 
BoUitety  necessary.      And  though  Ihey 
peremptory  iu  the  last  degree,  and  their  \ 
ample   might    hove    produced    wor*e 
quences  than  it  did  ;    yet  their    punisbn 
wtnt  no  further.     But  this  is  a  particiili 
to  be  introduced  for  this  particular  '^ 
Bubsequertt  to  the  supposed  offence,  and' 
is  not  thou'jfht  fit  to  he  euartcil  as  a  Utv  for  i 
other  per»ou  hereafter ;  and  I  wish,  my  lod 
1  could  say,  this  act  went  no  further.     But  t' 
reverend  prelate  is  likewise  to  he  deprivt 
of  his  life,  indeed,  but  of  hW  the  convfl  ' 
and  comforts  of  it,  of  the  commerce  1 
friendn  and  relations,  and  of  all  that  is  valu 
to  an  Engtisbman.     He  is  to  be  doomed  ta  f 
curae  of  Cain,  and  to  be  turned  out  of  bit  i 
live  country,  full  of  age  and  infirmitiea,  toll 
criielfy  of  strangers  and  foreigners^  sad 
beyond  the  reach  of  his  mujebiy^s  tnoat  < 
ftiwe  goodness* 

But  if  your  lordships  sbuuld  pass  this 
h<^  will  still  have,  I  doubt  not,  the  peao«  of  I 
own    miud,   and   this  comtbrtable  retlectkxii 
which  uo  man  can  take  Irotn  hlin  ;   tliat 
shtirei  the  fate  of  the  i^r^tesi  and  most  k«C( 


and  oihcrSj/or  a  Treasonable  Compiraey.  A.  D.  172S. 


[570 


I  of  the  last  century :  though  in  this 
ilso  it  is  his  lordship's  misfortuDe  to 
inch  distinguished.  For  he^  though 
was  afraid  of  tlie  violence  of  the 
d  withdrew  from  prosecution.  But 
end  prelate  has  been  all  along  forth- 
Rnd,  as  it  were,  fearful  of  nothing ; 
«ioua  of  nothing  hut  his  own  inno- 
a  sought  in  all  places  to  be  brought  to 
hat  noble  lord's  crimes  (or  at  least  his 
a)  were  going  to  be  proved  in  a  proper 
itary  naanuer  by  numbers  of  persons : 
-everend  prelate  is  to  be  involved  by 
IDS,  inferences,  constructions,  and  the 
es  of  decypherers,  in  crimes  which  he 
ady  to  deny,  and  of  which  no  wan 
im. 

id  not  be  understood,  my  lords,  by 
f  1  have  offered  in  relation  to  the  par- 
oalties,  as  if  1  thought  any  one  sug- 
r  the  Bill  had  been  duly  proved,  so  as 
e  this  or  that  part  of  the  penalties ; 
must  say,  they  are  all  so  extraordi- 
beir  nature,  as  to  deserve  your  lord- 
tcntion.  And  1  doubt  not  but  your 
,  in  your  goodness,  will  consider  what 
r  passe<l,  the  length  and  closeness  of 
isonment  which  this  reverend  prelate 
idy  suffered  as  a  supposed  criminal, 
letbre  conviction  are  only  for  the  safe 
of  a  man,  and  not  for  punishment; 
Dprisonment  has  nut  been  so :  which 
aUactioos  are  true)  has  been  attended 
:b  onheard-of  barbarities,  and  such 
■hing  severities  as  are  a  shame  and  re- 
i  every  civilized  nation.  The  Case  of 
*  every  one  has  thought  hard  and  bar- 
but  it  is  this  reverend  prelate's  mis- 

0  be  distinguished  in  this  also,  as  well 
ry  thing  else :  For  that  Case  was  be- 
law  allowed  counsel  or  solicitors  to  as- 
eooer  in  his  defence,  but  now  they 
ired  by  law,  and  were  actually  and 
igpied  to  my  lord  bishop  ;  and  yet  part 
sfence,  and  part  of  his  evidence  torn 
a  from  him.  So  that,  all  these  things 
Kit  bis  lordship  cannot  escape  without 
rety  great  sufferer,  thoujf h  your  lord- 
oaM  utterly  reject  this  Hill, 
lordships  will  also  consider  the  infir- 
'body  under  which  that  great  and  no- 
leven  now  labours  before  you  ;  which 
idcrad  him  almost  uncapablc  of  attend- 
Kafeoce.  Your  lordsliips  will  also  con- 
s  grief  and  %exatioii  it  must  be  to  ap- 

1  criminal  bcfoiclhishonouruhle  House, 
«  has  so  lon^  t^at  as  a  jiul^e,  and  under 
McioD  of  those  crimes  which  are  laid  to 
gt;  and  how  grievous  it  is  for  one  of 
Eh^'a  character  and  fimction,  to  be 
kh  breaches  of  his  duty  to  God  and 

I  to  religion,  of  dcsijjnsof  ovcr- 

:fa  and  state,  in  favour  of  Po- 

_  osto  be  the  only  cler<;yman 

^'AmI  ever  tlioup:ht  ^t  worth  his 

•  TeL6,p.64y. 


f  flhorcfa 


while  to  draw  his  pen  in  defence  of  Martin 
Lather,  the  great  mstruaient  of  oar  reforma- 
tion from  Popery  ?  and  who  baa  upon  all  other 
occasions,  appeared  the  most  strenuous  as- 
serter  of  it.  I  might  add  much  more  of  hit 
lordship's  personal  merits,  and  of  those  high 
abilities  so  eminently  conspicuous  in  him; 
bat  that  I  know  it  is  some  kind  of  violence 
to  his  lordship  to  hear  even  thus  much  men* 
tioned.. 

Yet  suffer  me  to  say,  that  if  these  sugges- 
tions should  be  carried  into  a  law,  wilboat  any 
degree  of  evidence  or  probability,  but  rather 
(as  your  lordships  will  immediately  bear) 
against  the  strongest  evidence  and  proba- 
bilities that  are  possible  of  the  contrary:  I 
say,  if  this  Bill  should  pass  on  such  circum- 
stances, whatever  the  present  age  may  think, 
his  case  will  be  a  standing  mark  of  reproach 
to  it,  and  he  will  be  the  wonder  and  the  pity  of 
all  succeeding  generations. 

1  shall  add  to  your  lordships'  trouble  bat  one 
word  more  in  behalf  of  myself:  That  your 
lordships  will  pardon  any  warmth  of  temper, 
any  unguarded  word  or  expression  that  I  may 
have  b^n  guilty  of  in  the  course  of  this  long 
defence,  in  a  case,  which  every  Englisbauui 
naturally  considers  as  his  own,  and  therefore 
will,  in  some  measure,  warm  the  moat  even 
temper.  And  that  this  learned  (and  whom  I 
will  now  call  innocent)  prelate,  will  accept 
those  little  services  I  have  been  able  to  per- 
form, and  will  pardon  the  many  failings,  which 
I  may  already  have  been  guilty  of,  in  his  ne- 
cessary and  most  just  defence. 

Then  the  Bishop's  coaosel  proceeded  with 
their  evidence. 

Among  which,  on  May  10th,  Erasmus  Lewie 
esq.  declaring,  "  That  he  was  employed  in  the 
secretary's  office ;  and  knew  one  Brocket,  who 
was  there  likewise  employed  :" 

And  being  asked,  '*  What  he  knew  con- 
cerning the  skill  of  the  said  Brocket,  in  coun- 
terfeiting hands?" 

The  House  took  into  consideration,  "  Whe- 
ther the  said  question  was  proper  to  be  answer- 
ed by  a  person  who  has  been  employed  in  the 
secretary's  office."    And  afler  debate. 

It  was  resolved,  that  this  House  does  not 
think  it  proper  to  suffer  Erasmus  Iicwis,  esq. 
to  be  examined  touching  any  transaction  any 
way  relating  to  the  government,  which  came 
to  his  knowledge  by  reason  of  his  being  em- 
ployed in  the  secretary's  office. 

Mr.  Johnson  and  Mr.  Atkins  bdng  severally 
examined,  touching  the  counterfeiting  of  seals. 

And  the  former,  being  shewal  the  seals  on 
both  letters  found  in  the  Bishop's  custody,  was 
enquired  of,  <^  Whether  the  impressions  were 
made  by  the  same  seal?"  and  (JEirther,  **  Whe- 
ther, if  the  impression  of  a  seal  was  taken  in 
wax,  and  then  broken,  it  were  possible  afler* 
wanls  to  take,  from  that  impression,  an  entire 
impression,  which  should  exactly  resemble 
that  impression  before  it  was  broker" 


571] 


9  GEORGE  I.  Proceedings  against  Bishop  Aiierbmy,         [572 


The  counset  for  the  Bishop  then  called  Mr. 
Rollis,  who  was  formerly  produced  hy  the 
eouDBeJ  for  the  Bill. 

And*8everal  imiiressions  of  a  seal  or  seals 
were  put  iuto  bis  hand,  to  try  his  skill. 

But  a  doulit  arising;,  as  to  the  method  of  put- 
tinjif  this  matter  to  a  nroper  trial ; 

A  motioD  was  made,  **  That  this  House  doth 
not  til  ink  it  just,  that  the  witness  produced  at 
the  bar  should  be  examined  upon  any  impres- 
•ions,  hut  such  as  shall  be  made,  and  in  such 
manner  as  shall  be  directed  by  the  House." 
And  a  question  bein^  stated  thereupon : 
After  debute ; 

The  previous  Question  was  put,  <*  Whether 
that  question  shall  be  now  put  r' — It  was  re- 
folded in  the  affirmaiive. 

*'  Dissentient. Scarsdale,    Strafford, 

Brooke,    Poulett,   Cra?en,    Uxbridge, 
Salisbury,  Litchfield,  Anfirlesey,  Bruce, 
Cower,  Cardifl^an,  Aylesford,  Montjoy, 
Compton,    Trevor,    Foley,    Pomtret, 
Hay,  Ashbomham,  Cowper,  Bathnrst, 
Denbigh,  Willoughby  de  Broke,  Fran. 
Cestriens*,  Exeter,  Northampton,  Dart- 
mouth, Bingley.*' 
Then  the  main  question  was  put,  "  That 
this  House  doth  not  think  it  ju»t,  that  the  wit- 
ness produced  at  the  bar  should  be  examined 
upon  any  impressions,  but  such  as  shall  be 
made,  and  in  such  manner  as  shall  be  directed, 
by  the  House." — It  was  resolved  iu  the  affir- 
mative. 

<«  Dissentient. Scarsdale,  Strafford,  Cra- 
ven,     Cowper,     Pomfret,     Bathurst, 
Brooke,  Ashburnham,  Denbigh,  Foley, 
Fran.    Cestriens',    Compton,    Trevor, 
Willoughby  de  Broke,  Exeter,  Montjoy, 
Dartmouth,    Northampton,    Aylesmrd, 
Cower,   Poufett,  Bingky,  Hay,  Ux- 
bridge." 
The  counsel   aud    Bishop  were  called   in 
ftgain,  and  acquainted  with  the  said  resolution, 
And  the  counsel  against  the  Bill  desiring  to 
know  in   what  manner  the  House  will  direct 
tlie  examination  to  be  made : 

It  is  ordered.  That  two  of  the  clerks  do  forth- 
with withdraw  ;  and  that  a  person,  to  he  ap- 
pointed by  the  Bishop,  do,  in  their  presence, 
from  one  or  more  seal  or  seals,  such  as  he  shall 
think  fit,  take  impressions  in  wax,  of  one  or 
more  sorts,  to  be  provided  by  the  clerks; 
that  the  impressions  be  numbered ;  and  that 
the  clerks  write  down  in  paper,  from  what 
•eal,  and  in  what  manner,  every  impression 
was  taken,  and  deliver  such  paper  in  at  the 
table,  sealed  up  ;  making  oath  that  the  same 
is  true;  and  that  the  seal,  or  seals,  from  which 
such  impressions  shall  he  made,  shall  be  de- 
tained by  one  of  the  clerks,  till  called  for  by  the 
House  ;  and  that  the  clerks,  and  the  person  so 
to  be  appointed  by  the  prisoner,  be  sworn  to 
secrecy,  and  not  to  disclose  to  any  |>er8on  what- 
soever any  thing  which  shall  pass  in  that  tran- 
■action,  till  afUr  tht  paper  m  tteiirered  in  shall 
LcopeoiciL 


And  the  Bishop  being  directed  to  tppoiDtt 

Kerson  to  take  the  said  impressions ;  he  aamcd 
Ir. Gardiner,  who,  with  Mr.  John  Wbeib 

and  Mr.  Charles  Rey nell,  two  of  Uie  derb  of 
this  House,  were  sworn  to  secrecy,  as  directed: 
and  withdrew  accordingly. 

And  being  returned,  delivered  in  the  ioinrci- 
sions,  and  also  the  papers,  sealed  up,  with  the 
numbers  referring  to  the  said  impressioM  ei* 
closed ;  which  according  to  the  order  of  tbi 
House,  were  taken. 

And  Mr.  Rollis  was  called  in  ;  and  the  ail 
impressions  were  put  into  his  hands,  to  mi» 
the  best  judgment  thereupon  he  could. 

Then  Samuel  Stean,  Susan  Harvey,  flnl 
Jones,  and  Thomas  Franden,  servants  H  At 
bishop  of  Rochester,  wei*e  severally  swon,^ 
examined,  touching  the  times  when  the  BUb 
was  in  town,  or  iu  the  country  ;  or  of  hioUp 
sickness  and  death  ;  and  his  illness  of  the  gMli 
aud  what  persons  had  visited  or  resorted  It  Ml 
lordship  the  last  summer,  before  be  wutifai 
into  custody.   - 

And  the  counsel  for  the  Bishop  offeriitf  tl 
read  the  deposition  of  John  Lawson,  out  of  tbi 
Appendix  to  the  printed  Report  of  the  oea* 
mittee  of  Commons : 

And  the  same  being  objected  to  by  tbeeiM- 
sel  for  the  Bill  as  foreign  to  the  matter  liil 
before  the  House : 

But  being  insisteil  on  by  the  Bishop  and  hii 
counsel ;  after  debate,  it  was  agreed,  that  tba 
Counsel  and  Bishop  be  called  in  again ;  saA 
acquainted,  **  That  they  were  not  to  r«Ml  ihi 
said  deposition." 

And  the  counsel  and  Bishop  were  called  ii 
again,  and  acquainte<l  therewith. 

The  Bishop  mentioned  certain  avocatioBi 
which  took  up  his  time  ;  and  offered  to  bring 
proof  thereof,  if  the  Ilouse  should  think  il 
proper. 

But  the  same  not  bein^  thought  material  { 
his  lordship  called  3Ir.  Pope,  togiveanaocodll 
how  he  employed  his  time;  and  where  bf 
used  constantly  to  find  his  lordship  when  bi 
visited  him ;  and  iu  regard  of  the  great  io« 
timacy  there  was  between  them,  **  Whether  bi 
suspected  the  Bishop  was  engaged  in  sock 
matters  as  were  laid  to  his  charge  ?" 

And  he  was  examined  upon  oath.*        ^ 

Then  Mr.  Rollis  the  engraver  was  called  in  | 

*  <<  InM723,  while  Pope  was  engaged iuthifl 
new  version  (the  Odyssey,)  he  ap|ieared  beAif 
the  Lorfis  at  the  memorable  trial  of  Bisbsf 
Atterbury,  with  ivhom  he  had  lived  in  gitii 
familiarity,  and  frequent  correspondence.  Al« 
terbury  had  honestly  recommended  to  btm  lb0 
study  of  the  Popish  controversy,  in  hope  if 
his  conversion ;  to  which  Pope  answereu  in  a 
manner  that  cannot  much  recommend  hb 
principles,  or  his  judgment.  In  questions  ilA 
projects  of  learning,  they  agreed  better,  fli 
was  called  at  the  trial  to  give  an  account il 
Atterbury's  domestic  life,  and  private  employ^ 
ment,  that  it  might  app«ar  how  littlo  tuH 
he  had  ieii  for  plota.  Pope  had  but  few  wuk 
8 


tmd  oiherSf/or  a  TreasonaUe  Omgnracif.  A.  D;  1728^ 


Ibe  Hotue,  "  That  be  bad 

lMiia|»nearioiis  of  teals  before  delifered 
ia  the  Uouae,  anil  conceived  they  were 
lim  two  caataeabfrom  one  onginal.'* 
1m  paperSf  ddkvereil  in  sealed  up,  beiosr 
•ad  read  ;  it  appeared  that  be  bad 
a  right  jiM^fment  tbeieoa. 

the  eridenoe  for  the 


lay  the  llth, 
bciag  ooodudedy 


mtimniine  Pkipps  made  a  short  recapt* 
of  the  evideoce,  as  follows : 
irds ;  we  have  done  with  our  evidence; 
m  we  bare  fully  answered  every  part 
diai;^  contained  in  the  Bill,  and  appre- 
mn  is  no  one  circumstance  left  un- 
4*  Particulariy,  that  we  havetotaOy 
Ml  the  credit  of  Neynoe's  hearsay  evi- 
Por  when  the  improbabilities,  moon* 
•9  and  contradictions  of  bisexamina- 
reonsidered,  and  the  testimony  of  the 
•  is  duly  weighed ;  no  person  can  give 
t  credit  to  what  he  bath  said,  witbont 
the  greatest  violence  to  his  reason. 
it  is  wonderful,  that  the  counsel  for  the 
■M  insist  he  should  be  credited  in  any 
If  hen  we  have  proved,  he  bad  the  cen- 
to decUre,  that  a  right  honourable 
■d  endeavoured  to  persuade  him  to  ac- 
abn  of  quality  of  tbmgs  be  knew  no- 
• 

ktnot  said  that,  when  he  was  to  be 
wL  that  right  honourable  person  bad 
r  la  private,  and  told  him,  what  ques- 
mi  DO  asked  biro,  and  what  answers 
jlfm ?  Dill  be  not  say,  that  the  very 
■Oeman  gave  him  five  questions  or 

El  told  him  what  he  should  reply  to 
P  Hath  he  not  saiJ,  that  refusing 
ce,  he  was  threatened  with  New- 
ai  that  thereupon  he  gave  them  infor- 
against  m)r  Lord  Bishop  and  othen ; 
i  he  not  the  impudence  to  say,  that  the 
j|ht  honourable  person  offered  him* 
fjOf»  per  annum,  and  a  place,  to  accuse 
MiBg  lords,  the  earl  of  Orrery,  and 
■Ml  prelate?  Aod  that  being  asked, 
'''he  knew  any  thing  of  the  plot;  He 
li^  aor  any  body  else ;  but  that  be 
•fwo  other  plots,  viz.  One  of  BIr.  Wal- 
iBH  the  protesting  lords,  the  other  of 
>ifiP  Mr.  Walpole,  to  ffct  2,000/.  of 
m^is  proved  he  declared  that  the 
Mtaum  pressed  him  so  hard  to  accuse 
nDDSt  that  he  had  it  once  in  his  mind 
op  that  right  honourable  person's 

k'lhi  in  those   few  he  made  several 

Htaato  Atterliury  express  the  utmost 

■■h^naass,  and  gratitude;    perhaps, 

li  oat  only  in  this  world  that  I 

IB  to  remember  the  bishop  of 

^t  their  last   interview   in  the 

^rcaenled  him  with  a  Bible." 

rPope.  See,  too,  New.Parl. 


[57* 

iword,and  run  bim  through  with  it;  andao* 
make  an  eod  of  the  plot 

These  are  tbidga  which  hare  been  provaif 
oponNevnoe:  And  all  tbeae  tbii^  beinf  000- 
aidered,  I  believe  the  counsel  for  the  Bin  wiU, 
readily  agree  with  me,  that  no  credit  onght  to 
be  given  to  one  word  be  has  said:  Andif  bb 
evidence  be  kid  aakle,  the  greatest  part  of  the' 
charge  against  my  Lord  Bishop  falb  to  tha, 
ground. 

Mj  kurds,  the  evklenee  Mr.  Lewis  gave  waa 
very  material.  For  be  shewed  yeor  lordabipa^ 
that  Broekett,  who  was  of  the  post  office/ waa- 
so  skilful  in  coonterfeittng  bands  and  aeals.  that, 
be  wrote  the  aoperscriptien  of  a  letter,  and  took 
the  impreaskm  of  a  seal,  |md  sealed  it  agam}, 
and  did  it  so  weU,  and  gave  it  such  a  lasti«p 
that  Mr.  Lewis  cottM  not  distiogubh  it  from 
the  original. 

The  engravers  likewise  said,  they  eooldtake 
off  the  impresMons  of  seals  so  weU,  that  they 
conU  not  be  distinguished :  Nay,  though  tho 
wax  were  broken,  yet  if  no  part  of  the  wax 
were  lost,  it  hiigbt  be  done. 

Yodr  hndships  observe  bow  the 

themselves  were  mistaken  in  relatkNi  to 

impreaskms,  which  were  nrodnoed  to  them; 
And  yon  Arther  observe,  that  tho  seal  b  qoei* 
tion  was  a  Cicero's  head,  which  all  the  en- 

Sivers  agree  to  be  a  very  oommoB  one;  and 
y  bad  many  of  them: '80  that  no  oljeotkNi 
can  be  nuule  agaiqst  m  v  lord  on  aoeonnt  of 
that  seal.  Nay,  one  of  the  engravers  said,  it 
appeared  to  him  that  the  seals  of  the  two  ietteim 
were  not  the  same.  Aa  to  the  dog,  there  m  Mr. 
Crawford's  certificatCi  and  Binmngbam'k  affi- 
davit 

Aa  to  Mrs.  Barnes's  evidence,  she  bath 
found  out  now,  that  there  were  two  dogs,  tbougli 
nobody  ebe  ever  beard  of  two.  She  said,  the 
firrt  waa  for  the  bishop  of  Rochester.  Now  it 
is  plain,  the  6rst  was  sent  in  March  ;  and  it 
was  bis  leg  that  was  broken :  And  Birmiogbam 
swears,  and  Mr.  Kelly  solemnly  aifirms,  that  it 
waa  for  Mia.  Barnes,  and  not  lor  the  Bishop. 

As  to  the  three  letters  of  the  SOth  of  Aprils 
we  have  proved  it  impoasible  that  ibe  Biabop 
should  write,  or  dictate  thoee  letters  to  Mr. 
Kelly.  And  yodr  lordships  take  notice,  bow 
the  butler  came  to  observe  these  letters  could 
net  he  written  by  the  Bishop ;  snd  the  servants, 
though  under  confinement,  and  not  permitted 
to  see  any  body,  agree  in  their  evidence. 
There  is  Gordon's  affidavit  that  he  never  liad 
such  a  pacquet :  And  James  Talbot  was  here 
in  town  the  29th  of  April. 

Thus,  your  lordslii|is  observe  that  a  Bill  of 
the  most  extraordinary  nature  that  ever  waa 
seen,  hstb  been  supported  by  the  most  extra* 
ordinary  evidence  that  ever  was  heard:  And 
we  hope,  we  have  aet  the  dark  passages,  of 
which  the  charge  ia  compounded,  in  auch  % 
light,  that  every  one  may  pbiinly  see  the  right 
reverend  prelate  ia  not  guilty  of  any  one  of- 
fence  charged  against  him. 

Mr.  IFjpajie  spoke  nest    My  Incda;  I  thaU 


»75J 


9  GEORGE  I.  Proceedings  against  Bishop  AUerhury^ 


be^  joar  patience  to  close  our  defence  with  an 
observation  or  two  on  the  evidence  that  has 
been  given  bv  my  Lord  Bishop :  and  1  need 
take  np  the  less  of  your  lordships'  time,  be- 
cause our  Witnesses  have  fully  answered  all  f 
opened,  and  in  many  things  have  exceeded  my 
instructions. 

.  And  for  your  lordships*  clearer  apprehension 
oF  so  many  yarious  and  perplexed  facts,  I  shall 
just  recapitulate  what  1  humbly  conceive  to 
'  have  been  the  substance  of  the  charge  against 
my  Lord  fiishon,  and,  as  briefly  as  I  can,  state 
the  evidence,  which  we  have  produced  in  order 
to  falsify  and  disprove  it. 

The  first  and  chief  accusation  against  his 
lordship  was  founded  on  the  informations  of 
Philip  Neynoe,  and  therefore  the  first  part  of 
our  proof  was  as  to  his  credit.  Your  lordships, 
I  doubt  not,  remember  the  purport  of  his  in- 
formation read  against  us,  and  the  many  gross 
absurdities  and  inconsistencies  in  his  other  in- 
formation read  by  us ;  and  likewige  how  fully 
they  have  been  all  disproved,  and  the  credit  of 
them  entirely  blasted,  even  from  Neynoe*s  own 
confession,  several  times  repeated,  and  con- 
firmed by. three  unexceptionable  witnesses. 

Your  lordships  have  fully  heard  of  the  ter- 
rors and  apprehensions  he  was  continually 
under;  because  (as  he  himself  expressed  it) 
be  had  given  false  informations  against  this 
reverend  prelate,  and  so  many  other  innocent 

Sersons.  Your  lordships  have  heard  the  io- 
ucements  he  had  to  give  those  informations, 
and  how  otlen  he  had  declared  his  intentions  to 
escape,  in  order  to  avoid  the  punishment  which 
he  apprehended  roost  justly  due  to  him,  because 
he  could  not  make  out  the  truth  of  them. 

Two  of  those  witnesses  (Bingley  and  Skecn) 
are  still  in  custody,  and  destitute  almost  of  all 
the  necessaries  of  life :  1  say,  my  lords,  they 
are  still  in  close  and  strict  custody,  aud  conse- 
quently there  could  have  been  no  opportunity 
to  lead  or  instruct  them  in  what  they  should 
say,  or  so  much  as  to  be  apprised  bei'ore-hand 
(which  surely  would  have  been  a  reasonable 
liberty)  whether  they  could  sny  any  thing  ma- 
terial or  not ;  and  we  are  only  beholden  to  those 
lights,  which  the  Report  of  that  honourable 
committee  has  afforded  us :  And  all  throe  of 
these  witnesses  utterly  u.iknown  to  my  Lord 
Bishop  both  in  |)erson  and  reputation,  as  well 
as  his  lordship  is  unknown  to  them.  They 
have  not  conversed  together  for  several  months, 
but  yet  are  perfectly  consistent  with  themselves, 
and  entirely  supported  and  confirmed  by  each 
other.  And  all  three  declare,  they  had  very 
early  told,  aud  frequently  repeated  this  account 
of  Neynoe  to  their  fellow  prisoners  and  ac- 
quaintance, as  long  as  they  were  permitted  to 
have  access  to  them.  Mr.  Skeeu  bein^ asked 
in  relation  to  the  discourse  between  hiiu  and 
captain  Fancier,  as  in  the  printed  deposition  of 
Fancier,  A  pp.  D.  1,  has  denied  on  his  oath 
every  word  of  it.  He  says,  indeed,  that  cap- 
tain Fancier  used  all  his  endeavours  by  treats 
and  entertainments  to  induce  him  to  supiKMrt 
dusinfonnatioo ;  but  that  he  never  gave  bioiy 


nor  could  give  him  grounds  to  say  ai 
thing  of  him. 

We  have  shewn  your  lordships,  tt 
Stew&rt  in  particular  was  so  far  from  p 
np,  or  contriving  evidence  (as  was  obj 
him  by  the  counsel  for  the  Bill)  afler 
seen  the  Report  and  Appendix,  that 

given  this  whole  account  to  sereral  persi 
efore.  For  he  says,  the  things  which 
told  him  were  so  surprizing,  that  he  cg 
stifle  them  in  his  own  breast.  Thoug 
lordships,  1  doubt,  not,  observed  wit 
difficulty  and  modesty  he  was  brought  i 
out  in  this  public  manner,  where  bis  < 
seemed  to  reflect  on  a  gpreat  and  hoi 
person. 

Two  of  these  persons  have  likewise  b 
duced  to  your  lordships.  To  one  ol 
(Mr.  Gordon)  he  told  these  matters  soi 
even  before  Neynoe's  death ;  and 
Kynaston  some  considerable  time  be 
meeting  of  the  parliament :  and  we  coi 
called  others  to  the  same  purpose,  but 
were  unwilling  to  give  your  lordships 
trouble  in  a  matter  which  already  ha^ 
thought,  the  fullest,  the  most  satisfact 
consistent  evidence  that  could  be. 

The  second  head  of  accusation  aga 
reverend  prelate,  was  upon  account  of  t 
letters  of  the  20th  of  April.  The  two 
before  observed  to  your  lordships  not  t( 
minal,  if  really  designed  for,  and  addi 
the  persons  suppo^.  The,  third  n 
likewise  shewn  by  various  circumstan 
reasonings,  could  not  possibly  be  addi 
the  Pretender,  whoever  wrote  it,  or  ^ 
ever  else  it  might  be  wrote  to. 

And  the  evidence  offered  to  prove 
have  been  dictated  or  wrote  by  ray  I 
shop,  was  first  by  the  subscription  oft! 
mon  name  of  Jones,  which  they  would 
denote  his  lordship.  As  to  this,  I  doi 
your  lordships  remember,  that  even  in 
phers  and  letters  that  have  been  read,  tl 
of  Jones  is  manifestly  applied  (as  the  < 
tee  themselves  have  observed)  to  man 
rent  persous  ;  sometimes  to  one,  and  soi 
to  another,  as  the  circumstances  thei 
tioned  seemed  to  give  occasion ;  but 
once  in  any  place,  with  reason  or  juf 
applied  to  my  Lord  Bishop. 

The  next  prudf  that  has  been  oflfered 
lordshij>s,  to  prove  these  letters  to  hi 
dictated  or  wrote  by  the  Bishop's  pri 
from  the  ill  state  of  health,  the  deatl 
lady,  and  the  present  of  a  dog  ;  circun 
which,  they  say,  are  applicable  to  the 
and  to  him  only. 

That  his  lordship  did  not,  nor  could 
write  or  dictate  these  three  letters,  v 
laid  before  your  loitlships  such  a  prool 
like  hardly  ever  was  before  :  and  it  is  i 
hie,  in  my  humble  apprehension,  for  a  i 
to  be  more  fully  proved  in  any  case, 
lordships  have  beard  the  great  weakn 
inability  of  this  reverend  prelate  at  til 
time  for  ail  manner  of  business  aoil  on 


and  cikeriifoT  a  TrtasonabU  Conijnraty. 


A.D.  172S. 


t5M 


Uft  Im  than  »ix,  if  not  sctcn  of  hi«  ser- 


H-- 


ff" 


biil.i 


ll^t  \ 


anil  positively  to  it, 

ibic,  without   ttieir 

'   '^^  ^'veu  to  perform 

;  of  life.     One 

J       tMelaoclioly  cir- 

elves,  lufficieut  to  guard 

lavt^nemnch  farther; 

jr  tonbhipstha^  no  St  ran* 

'sroiim  all  that  time; 

a  coiiaiderable  time 

I  <»f  Aprils  iinder  his 

-  persons  ihiit  usually 

f:sjhJiop  at  other  times  (as 

auil  his  tfirrs  tuiorj  b»p- 

ubsent  at  the  election  of 


r-  ■"«=    ^rbo  happens  to  be  u 

ia  the  Tower,  beings 

i    .    :..<!  Bishop  had  not  put 

1    these    circumstances  t    toUi 

ihat  it  was  entirely  bis  own  re- 

U^ctxHip  t»v  cii*»tittHy  taking  up  the  Rejjort, 

my   I^iVd  BiKhoii  wns  <:mw  tn  fieri,  nnd 

on  lhat  part  - 
(rpr-f  ^lih  ha\)i 

k'ne  next  d;iv 
Mt,anil  lie 
r        ^ 


■H^  to 

very 

unud  the  Hi- 

and  how  they^ 


t   four   or   five  of  these 

-■"'ke   to  these  parlicu- 

"ill  iu  custody,  under 

i i^ul auy  opporttmily 

1  were  hanlly  to  be 

|\  wbett  he  bad  need 

liicnce  J  and  yel  ei'tiy  one  oftbem 

perfectly    consistent    with    tlietrt- 

i  ontf  wiib  ibc  other,  and  alt  equally 


Hav  Lli chop's 
liiiiMit(  rrmr 


>»»  your  lopdithips,  I 
inpb  nntv  uiider  aivo- 

nHihti 

^as  aa 


ui*      And  u|K)n  the* whole,  I 


ve  his  lonUbtp  to  have 
*e  three  letter*,  hut  what 
rored  and  fabitied  by  some 

'    is  proved  that 

tf«?r^,  WR»,  from 

7a,  10  the 

.U  iMinit»ef 


and  your  lordkhipn 


not  permitting  some  questions  nut  by  aii  to  tht 
decvphcrer  lo  be  answered^  will  nf>^  — »t  i"  us 
Oatly  to  dit»proYe  it«     But,  with  fi  to 

your  lordshipSf  it  aeema  impossti  rti 

even  thua  much  with  .inv  de^^rec  y, 

and  it  must  be  (oa  1  before  obaei'^^  ,,  ^uf 

lordships)  matter  of  conjecture  only  ;  and  it 
appears  manifestly  to  your  lordships,  hv  aefe- 
ral  pasaages  occurring^up  and  down  in  this  cOr« 
respoodeucc,  not  yet  decyphtrcd,  that  ciihet 
the  art  is  not  so  inVallihle,  or  that  Mr.  Willes  itf 
oot  to  ^reat  an  artist  ns  he  pretend*  to  lie» 

But,  my  lord*,  i"  uch  a  number  Jo 

this  cypher  does  v*  ■■  a  (person's  name, 

or  title,  berinninj*  wiui  rue  letter  K,  whats* 
atrange  and  oncertain  proof  is  that,  to  fix* 
charge  of  big"!!  treason  on  the  Bishop,  when 
there  are  other  persons*  names  and  title*  found 
like  his,  and  many  oltiers  which  begin  with  the 
rery  same  Ittter  ;  and  ihh  not  to  he  admltteil 
a£  evidence  in  a  tnimite  or  incon&ideiable  cir- 
cumatance,  but  in  the  very  ^l^  of  the  supposed 
offence,  in  the  pri«Kii>af  funtntiitltui  of"  the 
charge,  in  the  oi  '  1  ; 

and,  which  is  to  »J»         _  4, 

into  high  treason  t' 

Another  way  of  proving  these  leltem  to  huva 
been  dictated  by  the  Bishop  was,  tnicause  ano- 
ther, supposed  io  i»e  tax  answer  to  this,  oicn^ 
tioDS  the  present  of  a  dog-.  I  need  not  here  re- 
peat what  Mr.  Kelly  himtelf  has  coofttiinily 
aaid  in  his  e:\  j  i  '  V  1  because  your  lordship»| 
I  doubt  not,  r  ^vbat  llf  rs.  Barnes  said  ; 

that  ,Mr,  Ktiiv  uuMrii  sometimes  told  her  of 
another  dogf  ill  at  was  for  ilie  Bishop,  but  that 
she  always  n--' «— ■'  -i  <'^**  ■' ^  ^  .^h,.  K  *Ua 
bad  in  tier  [  t# 

and  never  he^.„    ,  -       .^  iie 

from  France:  she  owns,  that  she  never  re* 
ceived  any  one  roessag^efrom  the  lit?hop  nhoot 
it*  bulKlill  kept  it,  when  it  was  aa 

her  own,  a^  long  at  it  lived  ;  ai  jd« 

lordship  never  had,  nor  loved  a  doy  tu  Lib  life^ 
yetitivould  have  been  natural,  ami  good  man* 
neni  to  the  person  that  sent  it,  especially  if  §^ 
coniiderable  a  person  as  is  siipposett,  to  hav« 
made  now  and  tlien  Jiomc  little  enuulry  about 
it,  if  my  Lord  Bishop  had  really  known  ouy 
things  of  the  dog". 

But  we  have  ihewii  TOur  lordships  by  th« 
solemn    attestation  of  Mr.  Bino- -^-^•"    'h^ 


French  surgeon,  that 

gfave  thi«  '^""^  ^"»  iitrnr 

nriEidam 

lities  in 

irtibati^  'ent. 


he  was  ti 

I,   o  J    1  tn 

I'ivi- 
;  ,  nor 

He  hkewiiie  snys,  that 
be  iievci  i  any  tuch  thini^  nn  n  tlft^:*  op 

mesiage  irom  lord  Marr»  (as  alb  Ite- 

nort)  nerrr  had  any  tile  Icani  i  tho 

bj.'  ler,  or  his  lady,  UiiJLh  lessor 

tn.  .   one  or  the  nther  (to  both  of 

which  he  "Its  uUeHy  imknown)  an^  such  pre^ 

Vour  '     *  '  *^crvc  thm  to  huve  been  ^ 

solemn  "^^  ^^}^*  '*.*'  »  person  nol 

onlyrepiurn,  .Kii  ....»vted  likewiae  by  ihe  lorv 
of  the  aeigneury,  to  b^re  beeti  t  l«i^l  u^itAt^, 


57J>] 


9  6&0RGE  I.  Proceedings  against  Bishop  Atierbury^  [S60 


and  to  ba?e  exercised  his  office  as  such  for 
some  time.  That  ihe  testimony  of  such  a  per- 
80U  beyond  sea  is  a  fi^d  and  unexceptionable 
proof  m  every  case,  I  need  not  say ;  or  tliat  it 
has  been  often  allowed  here,  where  no  other  is 
to  be  had,  nor  any  other  *  method  to  have  the 
benefit  of  a  man's  testimony  that  is  beyond 
sea.  And  our  witness  has  told  vour  lordships 
that  he  has  frequently  translateil  such  yistru- 
ments :  that  he  belicTes  it  to  be  the  notary's 
hand-writing,  and  the  public  seal  of  his  office. 
1  need  not,  my  lords  have  said  thus  much  ;  for 
in  all  events  it  must  surely  have  been  of  more 
weig^bt  in  your  lordships'  judgments,  than  the 
extract  of  an  information  given  by  a  person  in- 
famous iu  his  character,  absurd  and  inconsis- 
tent in  all  he  said,  and  without  being  signed  or 
sworn  to,  even  by  that  person. 

But  yet  this  affidavit  of  Mr.  Birmingham 
has  the  more  credit,  because  his  majesty's  own 
resident  at  Paris  (Mr.  Crawford)  has  been 
pleased  to  examine  him  about  tliis  matter, 
(being  employed  by  him  in  his  profession  as 
a  surgeon),  and  he  has  conlirmed  the  same  ac- 
count to  him,  which  has  been  likewise  trans- 
mitted, and  read  to  your  lordships. 

Another  way  of  proving  my  Lord  Bishop 
to  have  been  concerned  iu  these  letters,  was 
from  the  band- writing,  which  is  suppo:icd  to 
have  hecn  Kelly's,  aud  he  is  supposed  to  have 
been  his  lordshio's  secretary  in  these  matters. 
But  both  these  allegations  we  think,  with  sub- 
mission to  your  lordships,  are  still  utterly  des- 
titute c^any  proper  or  satisfactory  proof. 

I  liefore  observed  to  your  lord^^hips,  that  the 
first  time  the  clerks  of  the  post-office  have 
made  any  deposition  about  the  similitude  of  the 
hand-wriling,  i\as  four  and  eight  months  aller 
they  had  seen  the  original  letters ;  which  is  a 
little  of  the  lutest  so  exactly  to  remember  all  the 
little  strokes  and  turnings  of  a  pen,  by  which 
the  identity  or  diversity  of  a  hand  can  only  be 
made  out.  That  Malone,  the  footman  of  ftlrs. 
Barnes,  \i  as  never  called  upon  for  his  testimony 
till  January  last,  that  is,  nine  months  after  he 
had  seen  any  of  Kelly's  writing,  and  conse- 
oucutly  not  then  very  able  (if  ever  he  was)  to 
form  ajudgnientof  it. 

1  have  already  observed  to  your  lordships, 
tliat  this  was  tlie'  first,  and  the  only  instance, 
that  any  evidence  of  the  similitude  of  hands 
was  ever  admitted!,  but  where  the  papers  pre- 
ttuded  to  be  in  the  same  hand  were  produced 
and  compared  in  court ;  w  liich  is  so  far  from 
being  the  present  case,  that  the  clerks  of  the 
post-office  never  had  any  opuortunity  of  com- 
paring the  original  of  the  20tli  of  August,  with 
any  one  of  the  three  originals  of  the  20Ui  of 
AnriljOr  with  any  one  of  the  intermediate  leUers 
which  they  affirm  to  have  been  in  the  same 
hand  :  so  th<it  they  are  made  the  absolute  and 
ultimate  judges  of  this  matter,  without  any 
possibility,  on  our  side,  of  detecting  any  casual 
or  wilful  mistake. 

And  I  would  not  again  repeat  an  observation 

*  6  ilolki  Rep.  340.    Law  of  £vid.  3. 


I  have  before  made  to  your  lordships,  that  t 
great  part  of  these  letters  are  in  figures;  and 
how  much  more  difficult  it  is  to  distinguisli  tbe 
hand  of  one  writing  in  figures,  from  wordianil 
syllables  in  length  ;  because  we  have  sbewa 
your  lordships,  by  three  iiositive  witocnei 
(well  acquainted  with  Mr.  Kelly's  writing,  one 
of  them  above  20  years,  and  hit  school* 
fellow),  that  the  only  original  letter  of  tbe 
20th  of  August,  stopped  at  tbe  post-office, 
as  a  sample  to  the  rest,  and  which  is  tho 
only  foundation  upon  which  those  clerks  bin 
affirmed  these  three  letters  to  have  been  Kdlv'fe 
writing^  really  and  in  fact  was  not  his,  nor  luK 
it.  This,  my  lords,  we  have  fully  proved  Ijf 
three  witnesses ;  and  as  a  demonstratioi  lif 
what  they  said,  they  shewed  your  lordchiii, 
amonff  a  variety  of  papers  produced  to  then  * 
your  bar,  that  they  could  at  once  distuiMk 
which  was  Kelly's  hand,  which  was  any  thiig 
like  it,  and  which  was  not. 

We  have  likewise  produced  to  your  lord- 
shins,  the  solemn  attestation,  on  oath,  of  Alex- 
ander Gordon,  junior,  the  son,  banker  it 
Boulogne,  that  no  such  packet  of  letters  evrr 
came  to  his  hands,  as  mentioned  by  the  com- 
sol  for  the  Bill ;  and  consequently  he  coaM  not 
deliver  any  such  to  Talbot,  (wno,  they  nyt 
called  for  them  at  Boulogne).  He  farther  de- 
poses, that  he  never  had  any  business  or  inter- 
course with  Kelly  or  Johnson,  nor  ever  had  a^ 
quuintance  with  any  person  so  called,  in  his 
whole  life. 

Aud  we  have  proved  to  your  lordships,  thit 
James  Talbot,  the  tall  black  man,  described  is 
the  letter  printed  in  the  Appendix,  aud  wbo  if 
supposed  to  have  been  the  person  that  called 
upon  Alexander  Gordon  at  Boulogne  for  tbil 
packet,  was  so  far  from  doing  it  at  the  time  f  up- 
posed,  that  he  was  at  London  that  ver^  day,  si 
appears  by  the  unexceptionable  testimony  of 
Euward  Crotton,  his  shoemaker,  and  by  the 
entries  of  his  shop- book,  to  whom  he  acci- 
dentally paid  a  bill  upon  that  very  day,  it  hit 
house  in  London. 

We  have  likewise  shewn  your  lordsliiptb^ 
two  witnesses,  Mrs.  Kilborn,  and  her  maid 
Anne  Ellis,  that  Mr.  Kelly  was  at  her  booft 
in  London  on  the  20th  of  April,  (the  verydi/ 
upon  which  my  Lord  Bisho^i  is  supitosed  lo  hart 
dictated  these  letters  to  him)  and  by  a  great 
variety  of  evidence,  impossible  to  escape  auf 
one's  memory,  that  my  Lord  Bishop  was  lU 
in  bed,  at  Biomley  in  Kent:  and  *  quod  nott 
*  datur  actio  in  distans,'  is  an  axiom  of  reafo* 
as  well  as  of  philosophy. 

And  I  inubi  humbly  submit  it  to  your  lord- 
ships, tliHt  it  has  not  yet,  in  the  least  appearcil 
by  any  shadow  of  v\  idcuce,  that  Mr.  Kelly 
ever  was  employed  by  my  Lonl  Bishop  ^ 
carry  on  a  correspondence ;  that  he  wrote  so/ 
one  letter  for  the  Bishop,  upon  that,  or  upo* 
any  other  occasion  whatsoever. 

That  passaue  in  the  letter  tO  Weston,  tbit 
seems  to  give  countenance  to  such  a  snppott* 
tion,the  learned  counsel  for  the  Bill  loldai 
yesterday  they  had  wared,  and  were  angij 


SI  J  and  others,  Jar  n  Treaionttlh  Conspiraci/, 


it  mt  should  offer  to  ilisprove  that  wlkich  ttipy 
I  not  proved.  But,  wiih  sutiiniasion  to  your 
tiiliips,  though  ihey  have  bpen  pleased  to 
that  part  of  the  charg^e  an;ainst  my  Lorfl 
ip,  yet,  as  U  makes  no  small  or  ioconsi- 
appearance  in  ihe  Report  of  that 
durable  Hou«e,  antt  will  Ite  so  handed  down 
erity,  we  thought  it  proper  to  give  an 
U ;  and,  we  hope,  li  Ijas  tM?en  to 
shtps^  satisfkction,  and  still  in  your 

next  thing  was  the  letter  to  Biibom ; 

eootVss  myself  at  some  loss  In  koow  for 

t purpose  that  was  read  in  evidence  to  your 

hips ;  for  the  counsel  for  the  lid  I  have  not, 

,  made  any  paittcular  and  direct  use  or 

►licatittn  ofthat  piece  of  evidence,  and  tliere- 

!  I  shall  submit  it  to   your  lordships  upon 

I  observations  I  before  made  on  it, 

here  was  indeeil,  some  of  your  lordships* 

^  speot  in  compiiriug^  the  sea]  of  that  letter, 

I  Inat  which  happened  to  be  taken  on  my 

1  Bishop's  servant  at  the  Tower :   if  it  was 

ded  B3S  any   proof,    I   cannot  at  present 

however,  we  thought  it  proper  to  Ibl- 

ihetn  in  the  course  and  manner  of  their 

^  and  your  lordships  yesterday  have  fully 

i  the  danger  and  uncertainty  of  adiiiitting 

a  proof*      First  ynu  havi*  had  some  ac* 

Iffoni  Mr.  Eras  mi  is  Lewis  of  the  known 

ce  of   one   Brockett,  who  was  able  to 

I  any  man\H  baud  or  seal,  in  such  a 

J  that  even  tlie  penon  (whose  hand  or 

rVas)  should  not  be  able  to  distinguish  it 

I  his  own.* 

we  prodneiil  to  your  lordships  two 

iTers^  wlio  full}'  attested  tlie  same  thing. 

iktos  stiid^  that  be  himself  could  make 

an  impression,  so  as  not  to  t)e  distinguishetl 

an  artist,  and  give  it  the  very  same  lustre. 

he  could  even  take  an  impression  from  a 

^eal,  find  though  there  would  at  tirst 

ly  be  some  little  ttaw  in  it^  yet  he  said 

mend  it,  and  then  make  stich  an  im- 

from  it,  that  even  an  artitl  could  nut 

it  from  the  ori;TinaL 

If.  Johnson,  another  eminent  seal -graver, 

tewise  told  your  lordships,   thut  he  could  do 

e  fame  thing:    In  parlicutar,  iliat   he  hnd 

te  siicti  an    impression  taken   in   paste  by 

Sfr.    Wisembergh,    and    fVom    that    he 

Ide  another  impression,  so  perfect  and  exact, 

It  BIr.    Wisemberg  himself  could  not  dis* 

l^isU  one  from  the  other;    But  as  tt>  the 

m  of  these  two  letters,  he  doubted   ^tiy 

whether  tliey  were  made  by   the  same 

or  not ;  and  from  some  little  strokes  in  the 

I,  thai  were  very  visible  to  any  one,  though 

10  easy  to  be  expressed,  he  rather  inclineil 

bdi^ve,  that  they  could  not  be  made  trom 

and  the  same  seaK 

And  when  your  lordships  were  pleased  to  en- 

of  them^  how  such  a  thing  waspracti- 

?     They    did  not  cover  themselves  (as 


vhat  Mr  Wharton  said  intbeCsse  of 

I  Sidney^  ?oL  9,  p.  iTO. 


their  decyphercr  did)  hy  saying,  it  would  dis- 
cover the  secrets  of  their  art»  hut  frankly  told 
your  lordships  the  rery  manner  and  method  of 
doing  it. 

Their  own  seal-graver,  Mr.  Christian,  owned, 
that  this  might  he  done,  although  he  had  never 
done  it :  And  in  the  experiment  made  on  jMr» 
Rntihis,  their  other  seal  g'luver,  he  was  once 
plainly  in  the  wrong,  as  well  as  once  in  the 
right.  And  it  manifestly  appears  from  every 
one  of  their  testimonies,  that  this  practice 
of  taking  impressions  is  very  easy.  And 
as  one  of  my  noble  lords  informed  the  House 
his  footman  could  do  it  as  well  as  any  of 
them  I  m\^y^  as  your  lordships  yesterday  ob- 
served, even  to  deceive  Mr.  Roulus  himself, 
who,  they  sayi  is  so  great  an  artist.  And, 
therefore,  my  lords,  it  is  a  most  dangerous  sort 
of  proof,  anri  too  imcertain  at  the  best,  to  re- 
cejye  any  judicial  countenance  in  a  criminal 
matter. 

So  that  I  must  humbly  insist,  that  this  part 
of  the  charge  against  my  Lord  Bishop  has  not 
been  proved  any  better  than  the  former ;  and 
that  when  your  lordships  do  consider  the  evi« 
dence  that  has  been  given  on  the  one  side* 
as  well  aa  on  the  ottier,  as  to  this  particular 
cliarge,  we  hope  you  will  be  of  opinion,  that 
there  is  no  just  or  reasonable  ground  to  pre- 
sume, that  these  three  letters  were  wrote  by 
Mr.  Kelly,  ami  much  less  that  they  were  dic- 
tated by  my  Lord  Bishop. 

The  next  genenil  charge  against  this  reve- 
rend prelate,  was  the  receiving  of  two  letter* 
from  abroad,  in  relatitm  to  this  conspiracy. 
The  counsi'l  indeed  for  the  Bill  have  waved  the 
letter  signed  Digby,  addressed  to  Weston,  and 
(as  i  apprehended  from  them  tast  night)  did 
not  now  pretend  to  prove  any  thing  cuncerninj 
the  Bishop,  under  the  name  of  Weston. 

?j  either  have  they  as  yet  pretended  to  prove, 
that  the  other  letter  from  Mot  field  to  lllingtoti 
ever  came  to  his  lordship's  hands,  or  in  whose 
handwriting  it  was  wrote;  though  if  it  were 
the  lord  Marr^s  (as  it  is  supposed)  many  of  your 
lordiihips  must  have  been  well  acquainted  with 
it.  Nor  has  it  been  yet  said,  that  my  Lord 
Bishop  ever  returned  any  answer  to  it. 

And  as  we  have  now  proved  (and  fully  too, 
we  apprehend)  the  letters  of  the  12Dth  of  April> 
to  which  this  is  supposed  to  have  been  an  an- 
swer, to  be  a  mere  fiction  or  imposition  upon 
the  Bishop  ;  this  which  is  designed  as  an  an^- 
swer  to  it,  must  likewise  fall  to  the  ground  as 
part  of  the  same  coatrivaoce. 

The  Ui^xt  and  last  general  charge  arises  from 
the  coincidences  of  times  and  names  in  the  in- 
tercepted correspondence,  the  more  readily  to 
induce  your  lordships^  belief,  that  my  Lord 
Bishop  was  really  meant  by  that  correspoQ- 
dence. 

Some  of  them  I  accounted  for  before, 
truths  publicly  known,  but  turne<l  by  ignoraol 
and  malicioutt  correspondf  nts  to  ill  purposes,  i 
else  as  absolute  (slsities,  and  manifest  mis- 
takes. 

We  have  %\ixmy\  -jwit  \in^^\^  \r|  ^ws^Mk 


I 
I 


9  GEORGE  h  Pfoce§dings  against  Bishop  Atierhtrgf        [^ 


reasouij,  Ihat  tbe  ficlitious  names  supposed  to 
denote  my  Lonl  Bishop  cannot  Uc  applicablt?  to 
linn  with  any  colour^  truth  or  deceticy  ;  that 
thei'e  is  a  great  tloubt  to  be  made,  whether 
many  others  oi'  those  fictitious  names  were 
^alfy  intended  fbr  the  persons  supposed  to  be 
denoted  by  them  ;  and  especially,  that  Jack* 
son,  to  whom  the  letter  of  the  26th  of  April  is 
addres&id,  we  have 'proved  by  various  argo- 
fuenis,  and  eren  from  those  ligbu  the  c*>m- 
miltee  have  afforded  us,  could  not  possibly 
mean  the  Pretender,  whosoever  else  it  may 
mean  ;  and  conseqncnlly  that  that  fetter  (if  it 
vere  wrote  bv  Ketty,  and  dictated  by  the  Bi- 
jbpp)  cannot  oe  t  "  '  'r  vimi, 
"^  And  as  io  Iho  I  times,  and  the  ac- 

doiiutii  of  ray  Li**..  u.^-m^.'s  coming  and  going, 
h  must  be  owned  they  are  sonaetimcs  right,  but 
a>i  tjfu'ri  ivroog, 

no  doubt  but  the  correspondents  on 
''  iie  water,  whoever  they  were,  w he- 

inaUce  or  vanity,  or  out  of  any  other 
->■•  i,  apprized    theoiseUes  as  well  as 

i<  of  the  Bishop^fi  motions  to  and  fro, 

i:'  i^ive  the  belter  colonr  or  probability 

to  \iiiul  iiicy  said  of  him.  But  yet  it  hm  liap* 
l^eoed,  uuluckity  to  tbem,  as  your  lordsbipH 
JoBve  heard,  that  out  of  six  or  seven  instances 
^ccurrm^  in  these  tetters,  two  only  are  true; 
two  of  them  may  be  doubted  whether  true  or 
fatse,  because  ambigiioualy  eicpressed ;  but 
lliree  of  them  are  gross  mistakes,  as  appearm 
even  by  the  accounts  of  their  own  witnesses. 

And  the  mteitakes  are  the  more  remaikable» 
l»ecauj(e  they  all  afiirm  the  Bishop  to  have  beeu 
^n  the  country^  when  be  positively  was  not: 
yhereas  it  was  ten  to  one,  but  thVt  the  mere 
giie&ies  of  a  stranger  at  that  time  of  the  year, 
bad  been  true  ;  itud  the  rather  because  bis 
lordship  was  really  in  tlic  country  ten  days  to 
one  that  he  was  in  town,  all  last  summer, 

Thtre  is  another  thing  remains  for  me  yet  to 
Ipe^ik  to,  and  that  is  the  iutlorary  of  my  Lord 
rfiiihop  with  3Ir.  Kelly  ;  which  was  htewise 
iJirtHTn  in  to  swell  the  number  of  circum- 
ftuices,  and  as  another  weighly  argument  to 
ijiduce  your  lordships*  belief  ot  the  Ibregoing 
IDatters. 

But  has  any  thing  appeared  to  your  lord- 
ibips  like  it,  even  upon  their  own  evidence  f 
First,  a  chairman  is  brought  to  tell  vour  loni- 

Slips  that  he  carried  Mr.  Kelly  to  tde  deanery 
iree  or  four  times  about  four  years  ago,  hut 
||))e  Bishop  was  not  once  at  bome.  And  a 
|>ortpr  snj?,  be  carried  two  letters  from  Kelly 
to  th^  one  of  them  about  Chrislmas 

l«*»t  \'  nootb,  and  the  other  letter  some 

t-  iL^t ;   but  receive^]  no  aniuer  in 

"^^  r  message,  but  only  bis  service  to 

Bir.  j\«  liy.  But  there  is  ode  extraordinary 
Circumtituuce,  which  shews  htm,  I  confess,  to 
Ijc  a  very  willjng  evidence,  though  not  so  fery 
Itkely  and  credible ;  that  is,  ihat  tbis  porter, 
'iCriy  as  he  mu»t  be  in  the  midst  of  winter,  de- 
lirvered  his  message  to  the  Bishop  in  bis  bed- 
"^  irnber, 
Ind  Malone, 


ipenaoi 


iisually  i 


ed  Mr.  Kelly,  anil  went  on  bis  erraikjf,  1114 
asked  to  the  same  purpose;  aad  oae  oigtu 
have  expected  that  be  should  have  given  torat 
accoanl  of  ii»  and  had  bevn  tifleo  eflipl«iyr»1  m 
errands  to  and  from  the  deanery' ;  but  t 
it  to  your  li>rd5hips^  memory  whether 
not  say,  that  be  never  was  it  the  d 
bis  life- time,  nor  did  know  to  this  day 
stuod, 

Mrs.  Kit  born,  wHb  whom  Mr.  Kelly 
lodged  a  considerable  time,  say$$,  she  rem 
hers  a  message  once  came  to  Kelly  froui 
Bishop;   but  positively  denize 
Bishop's  coach  ever  came  In 
at  her  bouse,  as  that  honouranu-  ir 
have  been  pleased  to  utfirm  id  iheir 
And  I  appeal  to  your  lordibips'  metrn 
ther  Mrs.  Barne«^  whom  the  cOUfiftel 
Bill  think  so  crediide  a  witness  in  soi 
respects,  and  wiMi  ^bom  it  must  be  conf< 
Kelly  frequently  lodged,  was  not  ec|U4ll< 
live  m  this  rnattei*,  and  ttiat  she  did  n*  * 
there  could  he  any  hiendship  or  tntei        ^ 
tween  the  Bishop  and  Mr.  Kelly  witboot 
knowing  of  it. 

Thus  the  supposed  intimacy  and  .grait 
<]iuaintance  between  my  Lord  Bishop  and 
Kelly  stand  upon  their  own  evidence*    Ai 
beseech  your  lordships  to  cnni^ider,  whit 
or  degree  of  proof  alt  this  can  possibly  antoi 
to.     But  we  have  shewn  your  lonlships  ihvM 
rect  contrary,  hv  no  lei^^s  than  ten  uitiiteu 
servants  to  my  Lord  Bii.i»>p,  sumc  or  other 
which  were  always  with  him,  whether  ' 
in  town  or  in  the  country,  and  every^ 
them  has  lived  with  his  lordshtp  af 
years ;  and  they  say,  as  it  were  wrlh  one  f' 
that  they  don*t  remember  any  such  )i 
name  as    Kt^tly  or  Johnson  coming 
bouse ;    as  they  must  have  retnemf 
they  say,  if  be  had  been  freipieni  in  bis 
or  messages;    and  some  of  them  say, 
usually  wrote  down  the  name.s  ot  those  thai 
come  ;    and  the  coachman  in  particular, 
has  lived  four  years  wuh  his  '      ' 
pears  now  as  evidence  again  ti 

therefore  cannot  be  supposeti  }f.m  u^i  m 
his  testimony,  is  yet  aa  positive  and  pei 
tory,  that  he  never  saw  ftlr.  Kelly  or  Johni 
at  his  masier*8  house,  in  all  hiii  lime.     Ai"ib** 
ing  carried  to  the  Tower  by  a  nie^.^eiij/f  r 
see  if  he  could  recollect  his  Vuce,  '! 

owoed  be  had  never  seen  bis  face  I' 
being  asked  bow  he  could  prelend  to  know 
persons  that  came  to  the  houjie,  whose  bi 
was  at  the  stables?   He  told  your  h>id!»hip<f 
that  be  was  as  oAen  in  the  house,  used  to  wit\ 
at  table  when  company  was  therr  ;  and  tha^j 
him   come  which  way  he  would,  he  slid 
hare  seen  him  coming  or  going,  or  have  I 
of  him  ID  the  family^  If  he  was  a  person 
had  frequented  his  master^s  house. 

Some  of  the  other  servants  bkevfise spoke  ai 
fuHv  to  lliese  circumstances. 

We  have  likewise  sbe^n  your  lordshipabf 
Mr.  Po}>e,  who  has  been  for  thcne  two  or 
last  yearsj  the  mo^  coost^ot  compa^iioft  t 


lia^]|B 

1 


n^JuT  a  TreasonaUc  Camfifae^. 

|l*h»{»*s  boon ;  two  or  Uiret*  days,  kc  ssjs, 
*^-^  *  1  every  tv^ek,  nod  au  htiur  or  two  aU 
vtfry  ol*  tliu^  days :  ibul  hL«i  lardiilii{» 
II  it)  orie  t (Hjui,  \s\\\c\\  1  thiuk  has 
er  ;  that  h«  was  adiTutted  to  him 
id  into  ftll  companies,  and  never 
oiiTie  change  at  liii  cominjf  in  ; 
ii|)  nevcT  in  llie  lea«l  discovered 
hfHiffHii  or  intent itit I*  like  iho&e  iiovi' 
fd  upon  him  I  Uut  l»ad  beard  occasionally 
tbta^  drut*  from  the  Bitbop,  of  a  ten- 
directly  contrary*  Aod  to  tbb  we 
i  Inftt  cmll«d  njarij  others,  if  it  were  tie- 


^  likfwite  nrftdy  to  lay  before  your 
MTeffal     laborious     and     intricaie 
several  pohlir  Uini.iirw.c^  anj  contro* 
titaltera  ol  I  \mX\i  diBeretit 

which  til y  Loi.l  i,    :.  -   wa*  ttiifaged 
and  would  have  bt-en  a  futl 
jriniriil  for  sotite  men's  whole  lites  :    but 
lurdUiipfl  did  not  think  it  necessary  ;  be> 
,  a^  rvr  [inpp,  fidty  »aiistVed  and  conrioced 
p*B  iwnoc«ticy»  by  that  variety 
.      ^  ^1  liml  liefore  niade. 
»aic^  uiy  lords,  some  other  obeervatiotis 
ht  bt}  made  i    but  have  lieen,  I  dnubt 
f  en  notice  of  by  the 
H  before  me  :    aod 
LIjiu  iH  (lie  Mtuxini)L4^  and  |iur}«ort  of  the 
I  has  been  hitherto  offered  on  both 

\  idiie  or  saccess  of  Miis  long  bear- 

r  htt  \  know  not ;   ttiat  Lh  in  your  lord- 

Aare  ooly  to  deter mloe  ;  to  n»]uit  or 

but  I  hope  you  will  say,  We  find 

^CtuU  at  all. 

vhioh  has  been  ai^inst  the  Bi- 
I  (ST  it  can  dt»*erve  thru  name)  has  neaher 
itiwdi  ^^  i«  rc'isonnhk'  in  itself^  nor  affree- 
I  oceedin^!*  of  lnw  ; 
ircutiieitancL'ftf  con- 
wis ;  ivlterc-as  M^e  hare 
ivtKl  rven  ilietn^  by  fur 
|»rijh^;>Jtti«  *^,  ruijch  slrosif^t^r  cuciiin* 
and  aliiM>  hy  siicti  evuU'iirr,  as  noiihl  lie 
'  I  I  uny  c<>url  (jf  law 

\\, 
't'  I  rp  ,mr  venture 
iiaiu  the 

|.^. iii'^MOSt 

vp;  itoti  ioti 

I  riTean,  that 

1*1  your  bird* 

im*i  degrns  oi    probahihty,  or  the 

m  atiftof  presuuiniion  ihiil  i»  known 

a«id  tberefore  i»liatt  huinh!>  rtMt<)tide 

^t^yn  lur  CJon^taiaiuc  Thipps 

\  before  mc,  that  your  lord^iDS  wjH 

iBUL 

JiuA^i^  thcti  stiokc  in  His  own  defence. 

:  I  have  bc«fi  UQdcr  ft  f  ery  fnuff 

.  .^.^4i4ii#f]iimlv  and  bare  Ihmi  trcaUtd 

f^waAw^  grc«l  indignity* ««  I 


A- ».  1723,  [980 

believe  no  pr isooer  in  the  Tower,  t>f  my  acre^ 
anti  fiim^titm  MiVil  tiiTtlc,  ever  was r  By  whicU 
>  and  use  of  my  limbt  | 

li     ,  iist  roretoiitted  m  Awgiwt^ 

last,  is  now  so  tar  declinedf  that  I  am  rery  un«  J 
fit  to  make  my  defenco  against  a  Bill  of  luclt^ 
an  extruordtiKiry  n^ittire. 

Tbc  i;^reut  wtakniMt*  of  body  and  mind  nodef^ 
whioh  i  labour,  >»uch  n&ayfe,  such  I 
such  insults,  as  1  have  undergone,  n. 
broken    a    more    resolute   aptrit,    and  iaucli,| 
stronger  const i to timt  tluui  falla  lo  vay  ^hare, 

YiMi.    ' '    '  '  ■"  ■    '.       .'  ;■    ,M  niiii  me  l^i' 

appci  Mins*  if  h\ 

my  disadvantage;  as,  in  tact,  the  counsel  foi|| 
the  Bill  have  done  their  utmost  towards  it. 

1  should  not  have  lUoa^ht  lo  decline  any  oc«* 
castonofju^tifvinqi' mys^elf;    but  1  crave  leavf 
to  tell  ypur  lordships  some  reasons  why  1  didi] 
not  appear  there,  and  make  use  of  the  leave  > 
your  lordships  guve  me. 

Aller  seven  months  of  close  imprisonment,  ffi 
was  out  a  Uttle  «iurprixed  when  1  heard^  ^^*^ 
on  the  11th  of  March,  by  the  Hoo&e  of  Com*f| 
mout,  it  was  thus  re)k>lved,  ^^  TImt  it  appear 
to  this  House,  that  Franci*  lord  bishop  of  Rft.*J 
Chester,  was  principally  concerned  in  lormiogM 
direct  in;;  and  carrying  on  a  detestable  conspi* 
mcy,*'  ^c.  f| 

Upon  duly  weighing  which  HeaoUitton,  and 
the  eopy  ofihc  IlilL    I  found  not   any  thin| 
charged  in  the   BilU  but  what  was  futly  con^ 
tallied,  and   previoujtly   resolved  in   this  vote| 
an4    therefore  whatsoever   should   havo  been^ 
offered  on  my  behalf  to   that   House,  wouli 
have  been  an  ex^rrtJHSconiriidiction  to  it.     And'] 
what  h4»pi*)t  1  coiild  have  of  success  tn  sucfa 
an  attempt,  f  ne^ii  not  say  :  ivhat  they  sent  nitti 
was  the  preaniblv  of  the  Bill  on|y,  which  theM 
could  not  alter  consistent  with  what  they  ha' 
resolved* 

I'fie  liill  itself  wais  to  inflict  pains  and  penal* 
ties,  which  followt^d ;  but  there  was  uo  roonil| 
to  nliject  against  any  of  thrme  wbich  ihey  ba 
not  then  declared  ;  they  littvc  since  heenadde 
and  sent  up  to  your  lordships,  in  like  maonerif 
without  any  oath  utade,  or  any  criminal  ac%| 
proved  a^nm^t  nie  by  any  hiinc^'witiie^is.  An 
ts  a  |»ersoo,  tints  sentenced  below,  lo  be 
urived  of  all  his  preferments,  and  his 
liaiiclkkn*  and  lo  be  a  tierpetual  exile,  and  to  I 
rendered  incapable  ot  any  office  and  employ^i 
meiit  f  To  be  one  whom  no  man  must  corn 
fiond  with  by  letters,  messages,  or  otberwb 
And,  my  lordic,  one  who  is  a  bishop  of  tb 
Church  of  Eng-land,  and  a  loni  of  parliament  ^ 

It  is  the  (irit  ioilance  wherein  a  tnember  < 
ihiH  Hvm^  h«ith  been  so  treated  and  pr»|od|  ^ 
om!  (as  1  have  once  before  said  to  your  Uird^ 
aliips)  I  pray  God  it  miiy  be  the  lai»t,  andlha^ 
ffuch  precedents  in  this  kingdom  may  not  b# 
inuliiphed  in  aClirr* timet. 

*'^        loael  have  amply  done  their  pari,  by 

'lO  |iointi  of  law,  by  explaiuing^  and 

ii..>.^.^.^  the  evidence,  and  shewing  the  little 

colour,  appenrnioo  aimI  almdo#  of  |in»o4 1 


587 j  ^  GEORGE  I.  Proceedings  agahsf  Bishop  AHerbury^ 

hare  been   ileeply  concerned  to  forminc:,  4 
reeling,  soil  cArryiog"  oa  a  ^ickfHi  unl 
con^piracy^  and    was  a   principal 


me^  (permit  me  to  call  them  ao)  by  atiswerinj^ 
whnt  Uttxh  been  offered  a^aiost  me,  anJ  bv 
IfteUm^ out  lUe  conse<}uence  nhich  futch  a  fiilK 
ounded  and  carried  00  in  such  a  manner,  and 
rtiich  enacts  such  severe  peoallief,  roust  anil 
vill  he  aitended  ^'Uh. 

Yet  It  becomes  me  to  say  something  for 

lyself,  lest  my  silence  be  conitrued  cousci- 

oiisness  of  gtivit,  or  at  least  an  unwillingness 

to  enter  into  matters  of  so  dark  and  perplexed, 

so  nice  and  tender  a  nature ;  as  if  I  was  not 

able,  or  did  not  care  to  clear  and  t^Kplultt  my* 

^flelff  and  rather  chose  to  leave  it  to  the  raanasfe- 

aeot  of  othcrit:  I  thank  God«  I  am  under  no 

uch  restrain t«  and  can  speak  to  your  ford- 

llbipa  on  this  subject  with  great  freedom  and 

plainness* 

Bat  before  I  proceed,  1  beg  leate  that  I  may 
•present  to  your  lordships  some  particular 
|iard!ihi[»s  under  tvhieh  f  have  labourt^d, 

Tbeiirst  is,  readiner  extracts  of  anonymous 
letters,  without  suffering  any  other  parts  of 
the  same  ktteri^,  thougfh  relating;  to  tlio  same 
Mibject^  to  be  read, — Another  is,  excu*iiug  the 
decypherers  from  answering-  questions  asked 
by  me,  and  which  I  thouijrht  necessary  for  my 
de^Dce  ;  lest  they  should  reveal  thdr  art.  The 
next  is^  not  sutTermcf  me  to  be  answered  bv  the 
clerks  of  the  post-office,  (t^st  the  secrets  of  that 
office  iibould  bediscovfred,< — Aooiher  was,  not 
fiuffeting-  a  person,  who  had  been  at  least  ten 
^  years  out  of  the  secntary's  office,  to  answer 
any  questions  which  came  to  his  knowledge  by 
being  some  years  in  tliat  office* 

Auuther  is,  reading  eiamiaations  neither 
dated,  signed,  nor  sworn  to. 
I  Another  is,  rcatlio^  tetters  supposed  to  be 
KCriminal,  writ  in  Duotner  man^s  hand,  and  sup- 
|tosed  to  be  dictated  by  me,  without  offering 
any  proof  that  I  either  dictated  them,  or  was 
privy  to  them. 

Another  is,  not  allowing  me  copies  of  the 
decyphercd  letters,  thoujrh  petitioneil  fi>r,  till 
the  tri.)1  was  no  far  advanced,  nod  I  so  em- 
ployed and  weakened  by  it,  that  I  htid  not 
sufficient  time  to  consider  thent. — Another  is, 
not  allowing  me  lo  read  out  of  the  colledion 
of  paperti  bl'fore  the  House  any  part  of  them, 
in  order  to  discharge  myself,  but  what  hath 
been  read  by  clerks.*— And  all  this  in  a  pro- 
<5eeding  where  the  counsel  for  the  Bill  profess 
they  have  no  legal  evidence,  and  that  they  are 
not  to  be  conlined  to  the  rules  of  any  court  of 
law  or  e4]uity ;  though,  as  ollen  as  it  is  for 
ilieir  service,  they  constantly  shelter  them- 
selves under  it. 

My  h>rds,  these  are  the  hardships  which  I 
previfMisly  mcrntson,  anil  humbly  lay  before 
your  lotdships. 

By  your  lordshijis*  leave,  1  proceed  now  to 
make  that  defence,  as  w^ll  as  1  am  able  to 
make  it,  m  the  condition  of  healih  I  am  now 
iu  ;  Immbly  praying  your  lordshi|is,  if  I  find 
myself  in  any  degree  sinking  under  it,  that 
you  will  indulge  me.  and  allow  mc  a  little  time 
to  g-o  on. 
The  general  cbirfe  i^f  the  Bill  is,  thsit  I 


table 
therein. 

The  charge  is  divided  into  two  beids: 

First,   That    I    traitorously  roaiiilied 
corresponderl  with  divers  persons  lo  fmiseaal 
surrectJDii,  &c.   tu   this  kiDgdomp  to 
foreign  forces  to  invade  it,  &c. 

i^coDdlVt  That  I  traitorously 
with  the  same  inteitt,  with  persons  em'pk 
*kc.  But  neither  part  of  this  charge  hath  I 
made  good  by  the  counsel  for   the  Bill,  1 
have  they  proved,  nor  attempted  to  proved 
at  one  consultation,  nor  is  there  any  thingti 
towards  such  a  proof,  except  the  exploded  I 
of  the  Burfonl  club  :  and  two  or  three  \u 
informations  which  were  mentiooed  of  my  I 
Strafford,  lord  North  and  Grey,  lord  On 
and  sir  Henry  Goring,  said  to  be  concerned  1 
the  management   of  this  afliair.     i   haiQ 
all  these  lords,  I  own  it,  but  at  difffei 
and  upon  the  best  recollection  1  can 
never  was  in  all   my  life  with  any  thrc^l 
them   at  once,  unless,   perhaps,    about 
general  matters  depending  in  parliament, 
earl  of  Strafford  hath  visited  me,  and   t  hsfj 
when  in   heal  lb,  dined  with   htm  once  at  \ 
house.     At  my  lord  Norih*8  table  I    have 
eat :  though  I  have  great  honour  for  him, 
1  never  had  any  intimacy  with  him,  esp 
since  the  affair  of  the  dormitory,  '-^ 
appeared  so  against  me,  thiit  1   < 
lost  the  cause,  had  not  his  affairs  c».. 
Holland, 

I^awson  had  sworn,  tlmt  this  lord  did  1 
visit  me  at  Bromley ;  but  in  truth  he  d'^ 
%vas  there  above  twice  or  thrice:  in  alt  his  lifi 
time. 

J  have  not  been  once  these  two  years 
lord  Orrery  00  any  business  whalsoerer;  ' 
twice  dined  together  at  the  house  of  a  ] 
whose  name  it"  I  should   mentiuu,  your  1 
ship  would  not  thiuk  there  was  any  hariQl 
all  in  dining  there.     8ir  Henry  Goring  I  oe*lj 
saw  ill  all  my  life,  till  he  saw  me  at  St.  Jamd 
ftud  he  WHS  hut  once  at  Bromley  ;  and  the « 
casion  of  his  coming  to  me,  was  his  p)Aoi[l 
four  sons  at  Westminster  school,  and  1 
to  breed  up  son^e  of  them  to  the 
last  lime    I  saw  sir  Harry  Goring^ 
twelve  months  ago,  when  i  promised  to 
down  one  of  his  sons  to  he  upon  the  found 
tion ;  and  I  sholl  be  sorry  if  1  cannot  bei 
good  as  my  word- 

Your  lordships  will  excuse  me  for  being  I 
particular,  when  you  consider  how  dan 
the  charge  is,  and  how  fft   it  is  to  clear 
persons  charged  from  Mich  ntischievous  cor 
spondence ;  especially  since  it  is  with   the 
and  these  only,  that  I  have  been  speaking  < 
and  it  is  insinuated,  that  1  have  held  con 
tations  with,  to  forward  the  conspiracy. 

Tiie  first  ia  an  intent,  and  inilced  a  cons[ 
racy,  without  a  consultation.     But  how  hi 
that  too  been  made  good  P  Your  lordships 
obs^iTf)  that  there  is  not  OQe  overt*  tot^  or 


ikefi^Jor  a  Treasonalie  Cc 


of  lime  or  place  meiitit»nrtl, 
ile^tL  I  have  not  thereto r<;  con* 
«pirifil  at  Lome. 

nnJ  the  otily  matertal  ptrtof  the 
■,  curref  pond  leg  abroad  witbthe  Pre* 
kc. 

ih  and    lieinous   accusation,  strotigflj 
miirh  in^Uled  upoD ;  but  how  iiiHin* 

of  this  part  of  my  diar|tc,  aj 
a»  iully  as  I  can  recollert,  is  this,  (I 
in  aoy  degree  dissemhle  before  vou)  : 
1 1  di4,  the  V*Oth  of  April,  1722, dictate 
lera  to  Mr.  Dilhrn,  the  lai*:  lord  Marr, 
^hf  Pretender  himarlf,  tioJer  the 
^Bies  of  C  hirers,  Mtis^rave,  and 
^0  which  letters  the  names  ot  *ones, 
•  and  1378|  were,  by  my  directions, 
Ml. 

ily,  Tliftt  aflcnrards  two  letters,  tn  an* 
these  t\vo  aent  to  Marr  and  Dillon,  one 
IV  the  JJih,  and  the  oiher  July  the 
ffcr  the  ftigned  names  of  Motfiefd  and 
«rere  intercepted. 

ijt  "^hiLt  there  i%  certain  intercepted 
■■pice  between  the  PretenUer^s  agents 
Bf  Kelly  here,  carrre^l  on  by  him; 
^waa  at'tlie  head  of  it»  and  am  aa* 
tjl^r  what  it  contalna, 

'  iltnce  of  my  charge;  all 

POttHMtances  are  made  use 

Ug:bt    would    (;ive  Hi^ht  and 

r  other  of  those  articl«^. 

of  these  poiuts,  that   1   did 

letters, 

utd  not  be  possible  that  I  dictated 

f  hath  l»eeti  aiadc  out  to  your  lonU 

^4i  a  concurrence  of  evidence,  ao 

I  and  legal,  as  I  persuudc  myself 

nn  rintibt  remauiiug  upon  any 

'  pertion;  a  pbtu  matter 

pi  .  such  testimony,  cannot 

fiu  by  little  gucaites  and  cooae> 

in, 

J I  was  under  the  known  difliculty 

^ncufatifc,  which  in  many  aui^ts  is 

t  so  happens  in  thit  case, 

ir  imces  attend  it  as  to  the 

iuiv.     i^iy    beinf^    disabled   in    my 

fi  axid  atteiitled   liehir^*  mid  after  that 

tome  of  my  serv;>iiU,  and  ^. '--li  .nor 

toftctiages  t\um  othcuv:  the 

Iv    of  III V    Scrvuils.    t'utit    nu    -         ^    . 

and  tor  some 

full  ei^idence 

^  4it  \Vn]vlinin)kt<.ii'  hath  enabled 

nts  to  rcdollrct  the  time,  and 

OCft  m  pnmf  of  my  innocence  in 

[li  ^  of  it. 

i>i  e  iwear,  they 

i*^u*!rs  K*  iisive  been  in  the 

of  Mr.    Kelly,    ii>y    *<upjio«ed 

Ifout  lordships  wjll  nrrnrniber, 

in  ere  at  fnur  nuinths  JiMlnnce 

^aecii}}^  thoie  letters  ;  durintf 

i  nf  wbicU  limft  tt  tiif  er  h^ih 


nspimof.  A*  D.  I7^3»  [ 

appearcMl,  tliut  they  have  compared  one  «ri» 
^innl  with  another,*  and  the  only  i>r.  .— i  '-  » 
6|)ecimenf  hath  been  proved  at  yo;  ./ 

bar,  not  to  be  the  haod-wntinj^ot 
and  be  pleased  to  remember,  the  • 
sitton  oi  Mr.  Kelly's  being  my  s.  ,>r 

any  ways  iniimaie  with  me^  liatli  been  fully 
ftworn  to  be  f;iKe, 

If  tt  l>e  Kaid,  who  then  writ  those  letters, 
and  with  what  riew  were  they  writ?  The 
answer  to  this  is  obvious :  my  being  here  al 
your  lordships*  bar  sutiiciently  explains  it.  ft 
i«  enough  to  prove,  that  I  did  not  write  or  dic- 
tate them,  and  i  have  proved  it  abundantl3% 
Let  but  any  momentous  part  of  tlie  charge 
against  me  lie  made  out  with  half  the  evi- 
dence, anil  I  will  submit  without  any  dispute. 
Eig-ht  or  nine  such  witnesses  would  haf  c  t»orne 
down  the  evidence  of  oue  or  two  that  had 
sworn  :  but  where  thrre  is  none  on  the  one 
side,  hut  all  on  the  other  side  who  appear,  and 
that  give  direct  positive  evidence,  can  your 
lordships  deliberate  a  moment  for  the  rea«ioD  of 
gmniJi^your  judi^ment,  which  in  doubtful  eaaes 
ought  always  to  lean  to  the  doul»tlul  side?  And 
so  taking  this  point  as  it  stands,  there  is  an 
end  of  the  whole  matter ;  tor  all  other  insi* 
nuations,  feigned  names,  and  obscure  passages 
in  letters,  depending  upon  this,  must  isll  to- 
gether. 

As  to  the  other  part  of  the  accusation,  where 
it  is  s;iid  the  tetter  to  Jackson  was  a  (etter  to 
the  Pretender,  I  have  nothinsf  to  do  with  it ; 
he  that  writ  the  tetter,  when  known,  will  best 
be  able,  and  moat  concerned,  to  disprove  it. 

^Since  this  objection  carries  a  very  odd  sound, 
I  shall  briefly  shew  your  lordships  boiv  that 
fttatids*  JacKSOD,  in  a  cypher  of  Plunkett*if,  is 
said  to  denote  tlie  Pretender:  that  cypher  con- 
stats of  150  names,  of  which  not  one  is  used  in 
any  of  the  letters  attributed  to  Mr,  Kelly  ;  three 
or' four  of  the*e  names  aie  used  by  persona 
supposed  to  have  writ  to  Mr.  Kelly  from  abroad, 
hut  not  one  of  them  is  usetl  by  liim  ;  nor  doth 
Jackson  cver^  in  his  part  of  the  correspondence, 
stand  lor  the  Preteuder,  but  he  isalwAvH  under 
other  ap(»cllatioDfi:  nny,  Ptunkett  himself,  in 
all  his  tetters  writ  in  dccyphcred  names,  never 
stiles  ihc  Pretender  J DckKon,  but  eitlier  Josepb 
or  Jephsou,^ — ^Vhy  stiould  a  name,  use<l  in 
Kelly'H  corre«ifM>ndenee,  be  exphiiiied  by  Plun* 
kett'A  cy j»her,  when  Kell;^  appears  to  be  no- 
w.iyN  ncquninted  with  him,  and  IMunkett  him- 
self did  never  dictate  to  him?  1  forbear  repe- 
tition ;  J  only  add,  that  at  this  rate^  there  w 
nothioir  that  may  not  be  proved. 

The  fetter  to  Dubois  there  is  little  taid  of, 
because  there  is  no  use  made  of  it ;  it  is  charged 
in  the  repctrt  a^  a  letter  whicli  I  had  received 
from  abroad.  The  tables  are  now  liirned,  and 
I  myself  desiftneil  to  have  sent  this  letter  la  ii 
feiiii     '  ^  nt,  hut  kept  it  among  my 

paj»'  ah  h»r  what  t-ndl'  The  let* 

ter  iKt-u  r-i  rui  1"  r;<iit  dclusioH  :  why,  to  foritith 
proof,  which  i;*  much  wanted,  of  my  reorivlog 
letters  that  were  directed  Jones  and  lUington  ; 
tnd  it  is  vtery  strange,  that  1^  who  am  repre- 


4 

I 
I 
I 


691 J  9  GEORGE  I.  Prvoeedtngs  egmut  Bvshop  AiUrbwry^ 


9  GEORGE  I. 

I  as  being  to  ?ery  cautiouty  ihouM  be  m 
BCfl^iireot  iu  tbif ,  and  presenre  fometbuig  tbat 
h  of  DO  use,  and  jret  might  hurt  me  to  much, 
when  disea«ered. 

It  ii  absurd  to  tbiok,  Uui  I  aboold  by  tliat 
neaos  ffieDtioD  tbe  name  of  my  conespoodeoty 
and  meotioo  the  name  of  Jobofoo,  which  the 
committet*  of  the  Lower  House  obsenrewas 
coDBiaoUy  with  me. 

I  know  not  what  farther  can  be  said  for  this 
natter,  till  the  eonnsel  hare  further  explained 
it,  and  shewed  what  use  they  make  of  this  let- 
ter, which  hath  gifen  your  lordshipn  so  much 
trouble,  and  which  1  own  I  do  not  comprehend. 

Here  is  itiU  a  fifth  letter,  trhich  I  ba?e  ac- 
knowledged to  be  my  hand ;  that  whieh  was 
taken  on  my  servant  Mr.  Reeves  haih  made 
some  uncharitable  obserratioDs  upoo  it,  which, 
Ibr  ai|g[ht  I  know,  may  be  allowed  as  Uie  form 
of  law  in  tbe  ordinary  courts;  but,  I  am  sure, 
in  a  coort  of  equity,  tbe  most  favourable  oon* 
rtniolioo  ouffht  to  take  plaoe.  I  have  taken 
Qftiuotes  of  bis  observations,  and  I  think  they 
•re  tliese :  he  observes  that  the  Di«hop  doth 
not  in  his  letter  insist  on  his  innocpooe  in  ge- 
neral, hut  considers  only  « hat  evidence  doth 
affect  him. 

It  comes  oat,  at  last,  for  whom  my  letter  was 
designed,  and  I  think  that  an  answer  to  Mr. 
Reeves's  first  observation,  and  1  shall  ezphkin 
it  no  further.  He  obsenes  next,  tliough  I  clear 
myself  from  the  knowledge  of  Layer,  Neynoe, 
Uc.  there  I  say  nothing  of  Kelly. 

The  jg;entleaitn  I  designed  the  letter  for, 
knows  It  was  in  answer  to  one  wrote  to  me 
•bout  Layer,  and  will  swear  it  himself,  if  there 
was  room  for  it. 

The  third  observation  is,  where  speaking  of 
myself,  1  say,  *«  If  I  cannot  ward  tbe  blow,  I 
must  be  a  prisoner  some  years  without  re- 
medy :"  from  which  he  is  pleased  to  infer,  not 
in. that  good-natured  way  he  generally  did,  my 
meaning  must  be,  that  1  was  conscious  of 
guilt. 

I  apprehended  an  impeachment  would  have 
been  lodged  and  never  prosecuted,  as  in  the 
CaM  of  my  lord  Danby*  and  the  earl  of  Ox- 
ford it  and  then  I  should  have  lain  without 
trial,  and  without  bread. 

The  second  article  of  my  charf^e,  is  tbe  two 
letters  from  Marr  and  Dillon,  under  the  feigned 
names  of  Motfield  and  Oigby,  which  were  in- 
tercepted. 

One  of  these  they  have  dropt. 

That  I  received  tliem,  is  not  pretended  ;  both 
letters,  though  without  a  criminal  expression, 
or  werd  of  business  in  either  of  them,  would 
yet  have  affecteil  me  in  some  ilegree,  if  re- 
ceived by  me,  and  I  wss  the  person,  as  is  sup- 
posed, who  writ  the  letters  to  which  they  are 
answers.  That  1  used  to  have  any  correspon* 
dencc,  is  that  proved  ?  Is  not  one  and  the  same 
necessary  in  order  to  ascertain  the  charge  P 

'■'  '  I     ■  ■  ■     ■     I  ■  ■  ■  II  II       H    II  ■  t 

•  See  his  Cues,  vol.  11,  p.  599;  vol.  15, 
p.  1263. 
t  aMhisCMe,  fol.  Ij5»  p.  1046. 

1 


I 


Any  man  that  pleases  may  write  to  me, 
talte  tnose  names  upon  him ;  I  am  not  to 
swer  for  that,  unless  1  have  appeared  to  rec 
them,  and  kept  up  the  oorrespondeuoe. 

The  letter  from  Motfield,  dated  tbe  HI 
May,  eannpt  be  reasonably  thought  to  I 
been  wrote  with  any  other  riew  than  th 
being  intercepted,  and  of  fixing  upon  me 
letter  of  April  30th. 

This  letter  im  committed  to  the  common 
office,  and  sent  upon  this  errand  ;  one 
doubt  who  writ  it,  but  one  cannot  doubt 
what  design  it  was  writ:  your  lordships' 
dom  will  see  through  tliose  maJiciouidi^ 
and  not  make  me  account  Ibr  letters  « 
have  been  bandied  to  and  fro,  between  unln 
correspondents,  on  a  design  to  raise  a  susp 
of  a  third  person,  altogeiher  a  stranger  to 
is  writ.  And  here  1  desire  that  the  observ 
made  by  one  of  my  counsel  may  not  be  fix 
that  ii,  all  the  intercepted  letters  from  ab 
mention  persons  that  lay  bid  under  • 
names,*  and  are  discovered  by  duiog  of 
deeds,  and  by  such  circumstances  as  will  i 
those  names  upon  them :  tliough  thecoma 
were  not  at  a  guess,  yet  they  were  often 
loss. 

In  my  case,  tbe  fictitious  names  applii 
me  are  often  attended  with  such  descrif 
and  circumstances,  as  very  naturally  lead 
that  offer  these  letters  to  1^%  them  on  me. 
writers  of  them  use  all  their  art  not  to  disg 
but  to  open  tbe  thing,  and  seem  to  be  in 
lest  they  should  not  be  well  enough  ui 
Blood. 

This  being  contraiy  to  th^jnethod  of  res 
in  all  otlier  cases,  smells  strong  of  a  mali 
design. 

The  letter  of  July  25th,  from  Digl 
Weston,  is  not  so  well  oontriveil  as  it  si 
have  been ;  yet  I  am  to  be  understood 
because  of  the  circumstances  I  was  then  n 
which  the  writer  was  apprised  of. 

These  arc  the  only  two  instances  of  \ 
supposed  to  be  writ  from  abroad  :  they  ai 
consistent :  shall  they  affect  me  in  so  hi 
manner?  < 

It  remains  to  be  considered  in  the 
place,  whether  there  was  a  supported  < 
spondence  between  the  Pretender  am 
agents,  and  Mr.  Kelly  here?  Whether 
at  the  head  of  it,  and  am  justly  to  answi 
it?  Mr.  Kelly,  1  hear,  hath  owned  at  yon 
and  dechtred,  which  1  also  declare,  I 
knew  a  line  of  any  letter  he  writ  to  fc 
parts. 

1  meddle  not  with  what  concerns  him 
further  than  when  it  may  affect  me. 

The  chief  part  is  the  present  uf  the  dog 
account  of  thut  is  in  a  letter  to  Hatfield, 
May  5,  not  signed  ;  in  which  arc  thes^  V 
*'  The  little  dog  was  sent  ten  days  ago 
ordered  to  be  delivered  to  you  :*'  but  th 
no  intimation  in  this,  or  any  otlier  letter 
abroad,  that  this  present  was  intended  flbr 

In  two  letters  from  hence,  by  whom*  v 
doth.oot  appear,  tomobody  is  nettt  Mi 


and  others.  Jar  a  Treasonalh  Conspiracy. 


dI  Datnes  of  Mr.  Janes  ami  Mr*  llling"- 
io  Bach  maoner  as  designed  IW  ttic  same 
but  I  he  circumstances  are  neither  &[»- 
»ble  to  myseir  nor  my  wife,  particularly. 
letter  dated  May  7th,  froni    Ilalfu'M  to 
ave,  being  (iTd  days  after  tlie  burial  of 
witb,  ciitindt  mean  her  ;  and  being  but  five 
}fy%  aAer,  it  can  as  little  mean  mc:  so  that 
\  writer  of  thi*  letter  must  either  have  known 
lliinj;  of  my  family  affdirs,  or^  if  lie  did,  ' 
;  dissetnble  his  knowledge  of  tJiem  to  raise  j 
picion  ;  and  in  either  ca^^e  what  he  says  i^  i 
:  to  be  reg^arded.      The  surgeon   and  Mr.  i 
i\y  only  knew  any  thing  of  this  matter,  and 
Jty  can  l>ei>t  clear  it, 

\Six%,  Barnes,  !ihe  varies,  and  sometimes  the 
;  b  for  me,  and  sometimes  tor  her. 

(  for  myself,  I  never  asked  for,  receited,  or 

\  lhi*»  present,  nor  koo%r  any  thing  of  jt»  but 

liCoioinou  fame;  nor  hare  I«  to  thi^  day, 

ay  messiitje  or  letter  whatsoever  concern- 

I  it* ,   Tiie  end  of  this  de^iirn  seems  to  Lve,  to 

Dt  roe  ont  by  the  name  of  Jones  and  HHng- 

UbReribetl  to  the  letters  of  April  20th,  by 

J  lhe»Ti  o^in  in  relation  to  tliis  present. 

od  perhaps  they  are  not  much  in  the  wrong 

tbtnk  that  one  iuterceptijd  dog  should  be  of 

much  use  as  ten  intercepted  letters.      Both 

ntrtv antes  then  must  have  succe<.'dcd,  h:td  I 

eu  able  to  prove  that  those  letters  were 

rtt  with  my  nrdcr  or  knoiiiedge ;    and 

J  the  use  of  those  names,  an  subsequent 

lers,  is  a  continuance  of  the  fraud,  and  thi^a 

itiousily  runs  through  the  whole  uf  the  cor- 

s»tK>ndt'f»cc  r  for  wherever  the  names  of  Jones 

wl  lllii3s;ion  are,  they  are  used  in  applying 

«m  to  me*  because  they  are  the  same. 

These  points  have  not  only  been  denied,  but 

o?«d  with  all  manner  of  credence  and 

I  Wy  counsel  have  shewed,  that  all  these  sus- 
'  uuii  correspondences  are  to  the  las^t  degree 
urd  to  apply  to  me,  and  no  one  would  apply 
em:  that  1  could  not  order  the  letters  of  the 
)t|j  of  ApriU  to  which  the  names  of  Jones, 
)c«  Are  subscnbefl,  I  think  is  plain,  and  then 
J  efidence  lalls  which  depef^ds  upon  it. 
As  to  the  journeyii  to  and  from  Bromley, 
!  the  prisoner  Kelly  had  fretjuent  access 
I  and  therefore  I  ini>^ht  probably  dictate 
rttecu,  the  counsel  fur  *he  Bill  have  not 
ned  themselves  on  that  liead  ;  but  your 
riUhips  have  heard  it  tnade  out,  and  because 
Immaterial  I  shall  repeat  it* 

[Here  Wood's  Examination  was  read.] 

By  all  these  accounts,  nothing  could  have 

I  easier  I lir  the  persons  themselves  to  ma- 

fife  here,  titan   getting   an   account  of  my 

durs,  in  order  to  render  the  contrivance 

plausible* 

_  _at  Mr,  Kelly  Is  no  stranger  to  me  I  own  ; 

W  that  he  is  in  any  degree  intimate  with  me, 

jOr  frequently  saw  me,  I  ileny.     And  what  evi- 

is  there  from  tlieiu  to  the  contrary  ?  Or 

i»«v  ia  this  bolemn  denial  at  your  bar  coDtra- 

l? 


The  fliairman  says,  He  carried  hTm  twrcc  or 
thrice  to  the  deanery,  three  «»r  four  years  ago  ; 
and  this  Bronn,  the  chairman,  \w  swears,  ifa 
carried  me  once  in  three  or  four  years  lime. 
[  believe  he  may.  The  porter  he  says>  that 
he  brousfht  a  letter  and  s(>me  stockings  from 
Kelly  to  me.  The  foundation  of  this  story  is 
tv*ue*  for  Mr.  Kelly  used  to  furnish  me  with 
beaver  stockings  and  glores :  not  hut  that  the 
circumstance  of  the  porter  comitis;  up  to  my 
bed-chamber  at  that  duty  time  or  the  year,  is 
very  extraordinary  ;  and  even  this  evidenc* 
owiis,  he  was  never  sent  by  me  to  him. 

Now  on  the  other  side,  there  is  the  evidence 
of  almost  all  my  servants,  who  have,  upon 
oatbt  attested,  that  tliey  do  not  know  either  the 
name  or  the  face  of  Mr.  Kelly,  which  could 
not  possibly  be,  did  he  use  frequently  to  resort 
to  me.  Such  a  slight  acquaintance*  as  I  had 
with  him,  conld  not  he  any  temptation  to  enter 
into  secrets  with  him,of  such  a  dangerous  con* 
aequeuce  as  these  are,  which  the  Iteport  insi- 
nuates to  have  passed  between  us :  however, 
suspicion  is  not  now  the  business.  They  that 
prove  some  things  may  be  allowed  to  st'ippose 
more ;  they  that  prove  nothing  Imve  no  right 
to  indulge  their  suspicions  and  conjectures  to 
the  ruin  of  any  niau  :  twenty  [irobabi lilies,  al- 
lowed to  be  such*  are  not  equal  to  any  one 
matler  of  fact,  well  attested ;  it  may  strengthen 
tlje  fact,  but  cannot  support  it.  They  cannot 
be  evidence  themselves,  because  one  probabi- 
lity may  be  set  aj^aijist  another. 

i  use  this  distintition  between  evidence  in 
law*  and  reaj>onable  evidence,  because  the 
counsel  for  the  Bill  have  asserted  something 
like  it. 

I  own  I  always  thought  the  public  law 
of  the  state,  the  public  reason  of  the  state; 
and  whatever  it  is  in  another  country,  yet, 
in  this  country,  no  evidence  can  be  rea- 
sonable that  is  'not  legal.  But  1  ask,  What 
sort  of  evidence,  either  in  reason  or  law,  it 
hrouj^ht  against  me?  How  am  f  proved  to 
consult  and  correspond,  to  raise  an  iiwurreclion 
against  his  majesty  and  his  kingdom,  and  to 
procure  a  foreign  force  to  invade  the  same  in 
favour  of  the  Pretender  f 

How  am  I  proved,  in  the  second  place,  to 
have  corresponded  with  the  same  Pretender, 
and  with  persons  employed  by  him?  Is  one 
article  of  these  charges  made  out  ugaitist  me 
With  any  colour  of  reason?  8uppo«itions  with- 
out proof,  stipposiiions  disproved,  atid  shewn  to 
be  vain,  and  unjust. 

If  the  proof  in  these  cases  wants  slren^tb, 
can  the  hearsay  of  Neynoe  supi^ily  the  wrint  of 
proof,  and  render  it  valid,  «<inee*Neync»e  pre- 
tends, for  aught  that  apiiears,  not  to  have 
known  any  thing  of  mc  ?  He  only  heard  Kelly 
say  so,  and  Mr.  Kelly  denies  it ;  and  there  is, 
1  think,  no  reasoa,  why  ^w:\\  a  ^\k^^\  evidence 
should  alfect  me,  or  Kelly  himselft  much  less 
me  through  him,  >Vtns  Neyuoe  utivr,  and 
Kelly  dead,  and  incapable  of  <  Mg 

what  Neynoe  said,  t  believe  wb«l       _  ud 

would  not  be  of  a\i]}  Vi«\^ViVv^>^«^'^  ^V'lX 

2Q 


I 


I 
I 

I 


695] 


9  GEORGE  I.  Proceedings  against  Bishop  Aiterbury^         [996 


N«ynoe  dead  lays,  and  Kelly  novr  alive  denies, 
ou^ht  not  to  have  any  force. 

Concerning;  hearsay  evidence  in  fifeneral, 
and  concerning;  the  due  regard  to  it,  I  humbly 
desire  your  lordships,  that  a  passafife  ma^  be 
read  out  of  sir  John  Fenwick's  Bill  of  At- 
tainder.    [The  whole  preamble  read.]* 

Aly  lords,  1  humbly  desired  to  have  this 
read,  because  I  thou(;ht  it  would  take  away  a 
diiitioctiou  between  legal  and  parliamentary 
evidence ;  that  what  was  not  legal  mif^ht  be 
parliamentary.  1  believe  here  is  a  condemna- 
tion of  him  by  parliament ;  therefore,  1  think, 
the  condemnation  of  him  must  be  by  parlia- 
rnentary  evidence.  Jt  is  recited  in  this  act,  as 
one  of  the  inducements  that  moved  theK  inif, 
Lords,  antl  Conimous  to  pass  that  act,  that  sir 
John  Fenwick  had  contrive«l  and  framed  se- 
veral papers,  d^c.  only  by  hearsay. 

8hali  that  be  accepted  in  this  parliament  for 
evidence,  which  is  declared  the  only  motive  of 
attainting  u  maji  m  another?  If  it  was  judged 
hard  in  sir  John  Fenwick's  case  to  charge  a 
man  by  hearsay,  can  the  l>eing  thus  charged 
be  any  prunf  ajrainst  me  ?  Sure  the  House  of 
Commons  in  06,  that  brought  that  in,  would 
have  so  thought,  nor  would  those  of  your  lord- 
ships cousculcd  here,  or  elsewhere,  to  have 
passed  it. 

As  for  those  (hat  did  not  consent,  I  w  ill  ven- 
ture to  say,  1  am  exceedingly  puzzled  to  know 
why  they  did  not  oppose  sir  John  Fenwick, 
but  favoured  his  case,  and  are  yet  against  me. 
1$  the  guilt  objected  to  me,  if  proved,  in  any 
measure  like  his  ?  Or  is  there  any  comparison 
between  tlie  proof  against  him  ana  me. 

As  to  the  pa|>er  and  information  given  in  by 
Neynoe,  and  pruited  in  the  Appen<lix,  it  is  plain 
l)e  was  drawn  in  to  have  sworn  backward  or 
forward,  to  have  affirmed  or  denied  any  thing. 
He  knew  a  certain  lord  of  the  council,  that 
gave  me  notice  of  my  being  taken  uii  some 
days  before  it  happened.  He  knew  what  use 
and  purpose  the  protests  of  your  lordships  were 
chiefly  designed  for  and  calculated ;  and  it 
appears  by  his  paper  that  was  taken  in  his 
pocket  aHer  his  denlh,  that  he  had  undertaken 


*  See  it  vol.  13,  p.  5*7.  *•  I  have  heard 
that  the  Bishop  disired  to  know  of  his  counsel 
at  one  of  their  consultations,  whetlur  in  treat- 
ing of  hearsay  evidence,  they  should  mention 
the  preamble  of  sir  John  IVuwick's  Bill  of 
Attainder,  and  Air.  IVynno  infi»rniin;r  his  lunl- 
sitip  the  pas'sage  had  occurred  to  him,  and  in 
what  manner  he  intended  to  anply  it,  the  Bi- 
shop desired  him  to  leave  out  what*he  intcndi'd 
upon  that  point,  for  that  he  should  carry  his 
riMSoning  upon  it  much  further,  and  that  it 
would  moreover  he  of  great  service  in  ginii;;' 
Lim  an  oppctrtnnity  to  bit  down  and  repose  his 
weary  iiaibs  while  the  act  was  read,  iu  which 
lie  hofied  their  lordships  would  indulge  him. 
Mr.  ^V .  accordingly  Icit  this  passage  entire  to 
liis  lordship,  and  he  made  all  the  use  intended 
of  it.*' — Wynne's  *  Observations  on  the  Cata- 
J«>gu«i  of  the  lioyal  and  N«Uo  Autborii  &c.' 


to  give  a  positive  account,  and  doignei either 
to  ask  or  receive  such  a  sum  of  money. 

It  is  said  he  was  the  late  earl  Marishall's 
bed  fellow  for  several  months,  and  bad  drawn 
up  heads  for  memorials  to  be  delivered  to  tht 
regent ;  but  he  had  kept  no  copy  of  these 
heads,  or  foul  draughts  which  vrolikl  hava 
shewn  whether  they  were  given  in  to  promota 
it,  or  dfscover  it ;  in  either  case  the  evidence  of 
being  then  employed  would  have  been  of  ser- 
vice :  but  they  have  not  been  able  to  produce  • 
line  of  such  heads  or  memorials,  yet  the  Report 
of  the  House  of  Commons,  upon  the  basis  of 
these  memorials,  builds  the  whole  fabric.  -He 
knew  tliat  1  went  under  the  names  of  Jones  aatf 
lllington,  and  undoubtedly  he  knew  Mr.  ]>h 
lM)is :  If  the  scheme  of  writing  that  letter  Vf- 
self  had  been  seen,  he  would  have  found  ooia 
reason  for  the  correspondence ;  and  500L 
would  have  made  him  affirm,  that  he  canid 
the  letter  himself.  He  knew  the  PreteDdcr'i 
particular  opinion  of  me,  or  of  any  body  eliSi 
and  that  he  relied  on  advices  from  me:  biiw 
did  he  know  that?  He  told  him  so.  Wliotold 
him  P  It  is  not  supposed  Mr,  Kelly  1:^  I  it  fmm 
himself,  but  from  persons  of  high  esute,  thit 
were  near  the  Pretender. 

Let  me  speak,  my  lords,  as  always  I  hope  I 
shall,  with  that  moiJesty  as  becomes  justice,  bol 
yet  with  freedom,  to  you. 

Hath  nothing  been  opened  to  you  coDcers* 
ing  this  roan's  character,  and  his  secret  tras- 
sactions  P  Is  it  possible  to  believe  this  preten- 
der to  secrecy  could  have  had,  or  shall  be  itiU 
have  any  degree  of  weight,  that  threw  away 
his  life,  rather  than  venture  to  stand  to  tot 
truth  of  what  he  said  before  his  death,  and  tbea 
he  could  have  been  contradicted,  or  pangs  of 
conscience  might  have  made  him  unsay  what 
he  had  said  ?  But  a  dcnd  man  can  retract  oo- 
thing;  what  he  hath  writ,  he  hath  writ:  tlit 
accusation  must  stand  just  as  it  did,  so  far  as  it 
concerns  him ;  and  we  are  deprived  of  tbs 
advantage,  which  truth  and  remorse  once  ex- 
torted, and  would  have*again  extorted  froa 
him.  However,  I  would  have  been  glad  l* 
have  had  all  that  ever  this  wretch  said;  wA 
would  hope  that  by  comp^iring  of  the  several 
stories,  which  he  several  times  told,  some  ligli^ 
might  have  been  q^aincd,  which  is  now  waoie^: 
Particularly  by  the  knowledge  of  what  he  said 
freely  and  voluntarily,  when  he  was  in  good 
humour,  and  before  his  rough  usage,  on  bis 
tcturnfrom  Rome,  had  frighted  hini;lNil' 
think  we  have  the  evidence  only  of  a  few  of  tbt 
last  days  of  his  life,  all  the  preceding  time  * 
blank.  He  underwent  frequent  examinatioDSi 
b*it  they  were  not,  it  seems,  so  roaturelf 
weighed  and  digested  as  to  be  thought  norUi 
the  commiitincf  to  writing :  but  he  is  gone  t* 
his  place,  and  hath  answered  tor  what  he  batb 
said  at  another  tribunal.  I  desire  nut  to  dif* 
turb  his  ashes,  fiirther  than  what  is  necesiary 
for  my  defence. 

Your  lonkhips  will  observe  first,  the  iooM* 
sistency  of  some  part  of  the  charge:  So* 
condly,  the  improbability  of  it.    The  BMp^ 


wr\ 


and  others,  Jor  a  TreatonaUe  Conspiracy.  A.  D.  1723. 


[598 


I  notice  of  three  several  periods,  or  stac^ 
if  time,  when,  by  consequence  of  some  infor- 
nations  from  the  regent,  the  desigfn  did  not 
alee  place :  the  first  was  duriiit^  the  election ; 
beaecond  was,  the  kiii^[*s  v^inw^  \m  Hanover; 
ind  thethini  was,  the  hreakins^  up  of  the  camp, 
rbere  is  not  the  least  hint  as  to  the  last  of  these 
liree  designs,  in  anv  of  the  papers ;  though  in 
he  recital  of  the  bill  it  is  mentioned  as  the 
bird  part  of  the  plot,  and  the  most  detestable 
■rtof  the  design,  to  lay  violent  hands  on  his 
meaty  and  his  royal  highness. 

There  is  not  the  least  colour  of  proof  as  to 
be  first  part  of  the  conspiracy,  which  was  to 
■ke  place  at  the  election ;  their  only  reason 
«r  that,  is  from  a  passage,  where  it  is  said, 
bat  the  present  ojiportunity  is  ela|)8ed,  that  is, 
ke  opportunity  ot  the  election. 

I  shall  recite  the  passau:e,  as  it  lies  in  the  in- 
irreepted  letter,  and  make  some  reflections  on 
I:  **  Notwithstunding  the  opportunity  is 
tkpied,*'  (says  the  writer  to  Jackson)  «  I 
igree  with  you,  another  may  oHer  before  the 
HM  of  the  vear,  though  not  perhaps  every  way 
nftvoarable." 

The  committee  suppose  this  letter  to  be  from 
Kdly,  and  dictated  by  me  ;  and  they  suppose 
Ibe  words  to  refer  to  the  time  of  the  election, 
ted  from  those  suppositions  infer  that  I  knew 
tMBething  of  it.  On  the  contrary,  1  shall,  on 
Ibe  two  first  suppositions,  shew  the  impossibility 
If  it;  if  this  was  a  letter  from  me,  or  from  any 
Mber  person,  dictated  by  me  to  the  Preten- 
tei  I  must  write  as  in  answer  to  some  let- 
tor  sent  from  them  to  me,  in  re|>eating  the 
~  esiion  ;  and  his  opinion  in  the  letter  must 
been  foundeil  on  intelligence  before  re* 
mI  :  this  intelligence,  considering  the  dis- 
tact  between  l^ondou  and  Home,  must  have 
km  communicated  two  months,  if  not  longer, 
tffere  tbe  date  of  this  letter,  if  we  go  back 
1*0  months,  and  talk  of  the  election  being 
ihpied,  it  was  not  begun ;  coiise(|uently  that 
tfliwiunity  in  the  letter  could  not  possibly 
Ma  the  time  of  the  election  ;  and  if  so,  it  is 
lifossible  that  it  should  be  a  letter  to  the  i*re- 
virr,  that  can  consist  with  the  charge  of  the 
iMlon's  writing  in  April  17l?0. 

If  it  be  a  letter  writ  in  good  earnest,  it  af)- 
jtos  they  had  given  over  all  thou^^hls  at  that 
IM:  I  agree  ^%itii  you,  says  he,  another  may 
^ftr  before  the  end  of  the  year:  and  yet  he 
Irii  some  words  in  a  letter  writ  ten  duys  after, 
^berein,  under  the  name  uf  Jones,  I  am  made 
%  be  deeply  concerned  in  a  conspiracy. 

How  can  this  be  consistent,  if  \  writ  and  di- 
;  that  letter,  and  was  engaged  in  the  se- 


M  pert  of  the  conspiracy  ? 
'BsA  a         ' 


cannot  be  true,  tmth  may  be  false ; 

Ml  hope  I  have  satisfied  your  lordships,  that 

Vldid  not  dictate  the  one,  so  L  was  no  ways 

iMvneil  in  the  other. 

Oln  nny  one  believe,  that  under  the  sad  cir- 

iHMee  of  bein;'  afilicted  by  the  death  of 

fevvifc^  I  should  be  concerned  in  an  affair  of 

tannMis  nature?    Waa  that  a  time  to 

UtH  s  Uranger  ?    And  for  a  man,  unless 


under  the  power  of  prejudice,  to  believe  such 
an  improbability,  or  that  I  had  such  a  conjec- 
ture ?     I  forl)ear  former  instances. 

I  shall  now  consider  the  improbability,  as 
well  as  inconsistency  of  the  charge  l>rought 
against  me  without  |>ositive  proof.  You  will 
allow  me  to  answer  the  iudictiuent  in  the  same 
manner  as  it  is  laid. 

Is  it  probable  that  if  I  were  engaged  in  any 
such  design,  no  footsteps  should  t^  seen  of  any 
corres|>oDdence  I  had  with  the  late  duke  of 
Ormonil,  to  whom,  of  all  persons  abroad,  I  was 
best  known,  and  to  whom  1  had  the  greatest 
regard,  and  still  have  all  the  reganlthat  is  con- 
sistent with  my  duty  to  my  king  and  country  ? 

Is  it  pn>bable  that  I  would  choose  rather  to 
engage  in  such  a  design  with  Air.  Dillon,  a 
military  man  1  never  saw,  and  with  the  earl  of 
Marr,  whom  I  never  conversed  with,  excejit 
when  he  was  secretary  of  state  ? 

Did  1  not  know,  what  alt  the  world  thinks, 
that  he  had  left  the  Pretender  several  years, 
and  had  a  pension  abroad  ?  Is  this  a  season 
for  roe  to  enter  into  conferences  with  him  about 
restoring  the  Pretender ;  and  do  this  not  by 
messages  bat  by  letters,  not  sent  by  messen- 
gers but  by  the  common  post?  That  by  thus 
writing  to  him  by  the  post,  I  should  advise  him 
after  the  same  manner  to  write  to  me,  and  by 
these  means  furnish  opportunities  towards  de« 
tccting  the  persons,  and  bringing  myself  into 
danger  ?  How  doth  that  consist  with  the  cau- 
tion and  secrecy  which  are  said  to  belong  to 
me?  Must  not  1  have  been  rash  to  have  laid 
myself  open  in  such  a  manner?  This  is 
an  inconsistent  scheme,  the  other  a  hold  as- 
sertion. Is  it  probable,  when  attending  the 
sick  bed  of  my  wife,  and  expecting  her  death, 
not  daily  but  hourly,  that  1  should  enter  into 
negociations  of  this  kind  ? 

There  was  no  need  of  dispatching  any  of 
those  three  letters,  merely  to  excuse  my  not 
writing  :  the  circumstances  of  my  family  had 
b<*en  a  sufficient  apology,  and  more  effectual. 

Is  it  probable,  tliat  when  I  was  carrying  on 
public  buildings  of  various  kinds  at  Westmin- 
ster, and  Bromley,  consulting  all  the  books 
from  the  Westminster  foundation,  engaging  in 
a  correspondence  with  learned  men,  alwut  set- 
tling an  important  point  of  divinity ;  that  at 
that  very  time  1  should  be  carrying  on  a  con- 
spiracy ?  Those  that  entertain  such  thoughts 
without  reason,  may  also  condemn  me  without 
argument. 

Is  it  probable  that  1  should  meet  and  consult, 
in  order  to  carry  on  and  forward  this  corrcsptm- 
dence  with  nobody,  and  no  where  ? 

That  I,  who  always  lived  at  home,  and  ex- 
cept at  dinner-time,  never  stirred  out  of  my 
chatnlier  )  rec<Mved  ail  persons  that  visite<l  me, 
and  was  denied  to  none,  should  have  an  oppor- 
tunity to  be  so  engagetl  ?  Ami  if  I  had,  that 
none  of  my  domestics  and  friends  should  ever 
observe  any  appearance  of  any  ^uch  thing?  No 
evidence  among  my  papers,  though  they  ««ere 
all  seized  at  both  my  houses,  and  con  lining  ail 
my  servants  but  one,  now,  for  about  tea  or 


6993  ^  GEORG£  I. 

eleven  weeks,  searchingf  him  twice  in  the 
Tower,  and  searching  myself,  nothing  of  con- 
se<{aence  appnears,  nor  is  there  any  one  li?in^ 
hat  cuarfi^es  me  with  any  thing  that  is 
really  true. 


witness  that  i 


Is  it  probable  that  I  should  form  and  direct  a 
conspiracy,  and  carry  it  on  with  any  success, 
that  am  not  used  to  arms,  which  I  am  no  more 
acquainted  with,  than  with  the  persons  em* 

E loved  on  (hose  occasions  ?  My  way  of  life 
atn  not  led  me  to  converse  with  such  men 
and  such  matters,  except  on  the  occasion  of 
meeting  in  parliament ;  but  in  a  council  of  war 
I  never  was.  Have  1  yet,  in  any  instance  of 
my  life,  meddled  remarkably  out  of  my  own 
EpLcre,  in  affairs  foreign  to  my  business  or 
cbaiacter.'  I  might  have  been  thought  to  have 
been  too  active  in  my  proper  station  and  busi- 
ness ;  but  1  was  never  charged  wilh  war,  nor 
any  ways  informed  iu  the  art  (»f  it. 

Is  it  just,  that  peiNons  concerned  in  the  mi- 
litary wuy,  should  be  punished  without  any 
pfroof? 

And  must  I,  whose  way  of  life  is  set  at  the 
greatest  distance  from  such  persons,  and  from 
the  very  suspicion  of  Iwing  concenjcd  wilh 
them,  Kufler  all  the  pains  and  penalties,  short 
of  death,  which  the  parliament  can  inflict,  for 
a  supposed  I  know  not  what,  and  what  I  don't 
to  this  day  apprehend? 

Here  is  a  plot  of  a  j'car  or  two  standing,  to 
subvert  the  government  with  an  armed  force, 
an  invasion  from  abroad,  an  insurrection  at 
home ;  just  when  ripe  for  execution  it  is  dis- 
covered :  and  twelve  moiiths  after  the  contriv- 
ance of  this  scheme,  no  consultation  appears, 
no  men  corresponding  together,  no  provision  of 
money,  arms  or  officers not  a  man  in  arms 


— —-And  yet  the  poor  Bishop  has  done  all  this. 
Ijaycr  and  Plunkett  carry  on  a  treasonable 
correspondence :  they  go  to  Rome  and  receive 
directions  from  the  Pretender  himself  to  pro- 
mote his  cause — It  does  no  where  appear  that 
the  Bishop  has  the  least  share  in,  or  is  any  wa}' 

{irivy  to  their  practices — And  yet  the  Bishop 
las  done  all,  he  is  *<  principally  concerned  in 
forming,  direclinc:  and  carrying  on  this  deles- 
table  conspiracy." 

What  c^uld  tempt  mc  to  step  thus  out  of  my 
way  ?  Was  it  ambition,  and  a  desire  of  climb- 
ing into  a  higher  station  in  the  Church  ?  There 
is  not  a  man  in  my  oflice  farther  removed  from 
this  than  I  am  ;  I  ha\e  a  hundred  times  said, 
and  sincerely  resolved,  I  would  have  been  no- 
thing more  than  I  was  at  a  time  when  I  little 
thought  of  being  any  thing;  before;  and  I 
could  give  an  instance  of  this  kind  if  I  thought 
proper. 

Was  money  my  aim  ?  I  always  despised  it, 
too  much,  ])erhaps,  consitiering  what  occasion 
I  am  now  like  to  have  fur  it:  for  out  of  a  poor 
bishopric  of  50U/.  per  annum,  I  have  laid  out 
uo  less  than  2,000/.  towanis  repairs  of  the 
church  and  episcopal  palace  ;  nor  did  I  take 
one  shilling  for  <lilap:daiions.  The  rest  of  my 
little  income  has  been  Sfient  as  is  necessary,  as 
1  am  a  bishop.    Nor  do  1  repent  of  those  ez- 


Proceedings  against  Bishop  Aiterbury,  [600 

pences  now,  (though  since  my  loDg  eoafine- 
ment  I  have  not  received  the  least  |wrt  of  the 
income  in  my  deanery)  not  doubiing  in  the 
least,  but  that  God,  wh(»  hath  liberally  provided 
for  me  hitherto,  will  still  do  it,  and  on  nis  good 
providence  I  securely  rely. 

Was  I  influenced  by  any  dislike  of  tbe  es- 
tablished religion,  and  secretly  inclined  towards 
a  church  of  greater  pomp  and  power?  I  have, 
my  lords,  ever  since  I  knew  what  Popery  waSp 
op'posed  it ;  and  the  better  I  knew  it,  the  move 
I  disliked  it. 

I  began  my  study  in  divinity,  when  the 
Popish  controversy  grew  hoi  about  that  in- 
mortal  book  of  Tillotson's,  when  he  underteik 
the  defence  of  the  Protestant  cause  in  geneni; 
and  as  such  I  esteemed  him  above  all. 

You  will  pardon  me,  my  lords,  if  I  mentiM 
one  thing. 

Thirty  years  ago,  1  writ  in  defence  of  MartMi 
Luther,  and  have  preached  and  writ  to  that 
purpose  from  my  infancy  ;  and  whatever  hap- 
pens  to  me,  I  will  sutler  any  thing,  and  will, 
by  God*8  grace,  burn  at  tlie  stake,  rather  than 
depart  from  any  material  point  of  the  Protes- 
tant reunion,  as  professed  in  the  Church  of 
Entfland. 

Once  more :  can  1  l>e supposed  to  favoor  ar- 
bitrary power  f  The  whole  tenor  of  my  lift 
hath  l»een  otherwise :  1  was  always  a  friend  of 
tlie  liberty  of  the  subject,  and  to  the  best  of  my 
imwer  constantly  maintained  it :  I  may  hive 
been  thought  mistaken  in  the  measures  I  took 
to  support  it. 

It  matters  not  by  wlkat  parly  I  was  calW, 
so  my  actions  are  uniform. 

To  return  to  the  point :  the  charge  broo^ 
against  me  in  the  manner  it  is  brought,  is  im* 

Crobable :    if  I  could  be  guilty  of  it,  1  ODUst 
ave  acted  under  a  spiiit  of  infatuation  ;  yet  I 
have  never  been  thought  an  idiot  or  a  madioao* 

My  lords,  as  to  the  pains  and  penalties  coo- 
tainetl  in  this  Bill,  they  are  great  and  grievoof 
beyond  example  in  their  nature  and  directioD. 

I  am  here,  my  lords,  and  have  been  expect- 
ing an  immediate  trial.  I  have,  my  lonls,  d*' 
clined  no  impeachment.  The  correspondeoee 
wilh  the  earl  of  Clarendon  *  was  made  tressoOj 
but  w  ith  me  it  is  only  felony.  He  was  allowed 
the  conversation  of  his  children,  by  theexprese 
words  of  the  act :  mine  are  not  so  much  as  to 
write,  so  as  to  be  sent  to  me. 

What  is  most  particular  in  my  case  1 1*^ 
repeat  distiuctiy,  that  my  reverend  bretbro*' 
may  hear  it.  1  am  rendc^red  inca|iable  of  usio^ 
or  exercising  any  ofKce,  function,  authority*  ^ 
power  ecclesiasiical,  not  only  in  his  majesty  * 
dominions,  but  any  where  else.  Very  hafdj 
That  such  spiritual  power  as  is  not  dcriv*" 
from  men,  but  God  himself,  should  be  tak^ 
from  me  I 

And  I  am  not  only  deprived  of  all  offic^ 
dignities  and  benefices  ecclesiastical,  and  »^ 
ever  banished  the  realm,  but  likewise  preclu<l^ 
from  the  benefit  of  r<»yal  clemency,  and  vaM^ 


f  Ske  his  Case,  vol.  6,  p.  291. 


and  others,  for  a  Treasonalle  Conspiracy.  A.  D.  1723. 


[602 


capable  of  any  pardon  by  his  majesly, 
iD«l  successors. 

ds,  1  insist  oo  my  innocence,  that  1 
lihv  ;  and  if  1  am  not  proved  so,  your 
•rifl  thus  jud|jre ;  if  otherwise,  I  )>er- 
'self  1   shall  tind   some  degree   of 

ill  not  strip  a  man  of  his  substance, 
leud  him  where  he  cannot  subsist ; 
lot  send  him  amon$i^  stranf2^ers,  and 
sr  others  fr(»ro  |)erfurminti^  humanity 
you  will  not  ^ivc  him  less  time  to 
iflairs  and  tiepart  the  kins^dom,  than 
latb  taken  in  passing  through  both 

eat  man,  I  last  mentioned,  carried  a 
doe  with  him  into  foreii^n  parts,  and 
languages;  was  well  acquainted 
the  reverse  of  all  this  is  my  case  ;  1 
I  like  him  in  nothing  but  his  inno- 
i  his  punishment.  It  is  in  no  man's 
make  us  differ  in  the  one,  but  it  is  in 
»hips*  |K>wer  to  make  us  diflcr  widely 
er,  and  I  hope  your  lordships  will 

mm  up  the  arguments :  it  hath  been 
'  observed,  that  the  higher  the  crimes 
dier  the  proofs  ought  to  be.  Here  is 
of  high  treason  brought  against  me, 
ridence  at  all. 

da,  pardon  me,  what  is  not  evidence 
A  never  be  made  so  by  any  power  on 
HT  the  law  that  required  the  evidence, 
b  the  law  of  the  land  as  that  which 
be  crime. 

ually  unjust  to  declare  any  proof  le- 
Jse  of  my  prosecution  :  as  extraordi- 
Id  it  be,  to  declare  the  acts  themselves, 
xto. 

araa  there  a  charge  of  so  high  a  na- 
80  weakly  ]>rovcd. 

Ml  dead,  so  that  there  is  not  an  oppor- 
Msify  him  by  contradicting  him,  a 
It  supported  by  any  one  evidence,  nor 
W  proof  of  any  thing  thai  liatli  been 
loeived  by  ine.  nor  even  by  any  one 
word  proved  to  have  been  spoken  by 
I  by  intercepted  letters  and  correspon- 
which  appears  not  t!ie  least  certainty. 
if  those  letters  shewn  to  persons  with 
to  fasten  sometliitig  on  them  ;  others 
fpbers  and  iictitioiis  names,  throwing 
and  abjttru'i^*  hints  of  what  persons 
kone  names,  sometimes  true  and  some- 
ibtfnl,  and  often  false,  who  continue 


phering ;  by  the  depositions  of  post-office  clerks 
about  the  similitude  of  hands ;  their  depositions 
made  at  distant  times,  and  without  comparing 
any  one  of  the  originabi,  by  a  strange  interpre- 
tation of  them:  for  oothing  more,  J  am  per* 
suaded,  can  be  made  of  the  arguments,  thaa 
what  is  called  the  intercepted  correspondence. 

Shall  I,  my  lord?,  be  deprived  oi  all  that  is 
dear  to  me,  and  in  the  circumstances  I  am  in, 
scarce  able  to  bear  up,  and  by  such  an  evidence 
as  would  no^  be  ailmitted  in  any  other  cause  or 
any  other  court ;  and  would  hardly  affect  a 
Jew  in  the  Inquisition  of  Spain? 

And  shall  it  be  received  against  a  bishop  of 
this  Church,  and  a  member  of  this  House  ? 
Gt)d  forbid !  Give  me  leave  to  make  mention  of 
a  text  in  holy  writ :  **  Against  an  elder  receive 
not  an  accusation,  but  l»efore  two  or  three  wit- 
nesses.'' It  is  not  said.  Condemn  him  not 
upon  an  accusation,  &c.  but  receive  it  not :  I 
am  something  more  than  an  elder ;  and  shall 
an  accusation  agaiust  me  be  countenanced, 
without  any  one  instance  of  proof  to  support  it  ? 

This  is  not  directly  matter  of  ecclesiastical 
constitution:  there  you  read,  one  witness 
should  not  rise  up  against  an  elder ;  but  here, 
at  the  mouth  of  two  witnesses,  or  three  wit- 
nesses, shall  the  matter  be  established :  and  as 
this  rule  was  translated  into  the  state  of  the 
Church,  people  always  thought  (it  to  allow  it. 

Shall  1  be  the  first  bishop  iu  this  Church 
condf*mned  upon  conjecture,  on  fictitious  names 
and  obscure  passages  in  letters,  instead  oi'  two 
or  three  witnesses  ? 

Will  not  others  endeavour  to  make  the  same 
precedeut,  and  desire  the  same  influence  of  it 
to  succeeding  ages ;  and  even  concur  in  such 
an  act,  in  order  to  render  me  incapable  of  using 
or  exercising  any  power  or  authority,  &c.  ? 
Is  this  good  divinity,  or  good  policy  ? 

As  to  the  justice  of  the  legislature,  in  some 
respects  it  hath  a  greater  power  than  the 
sovereign  legislator  of  the  universe:  for  he 
can  do  nothihg  unjust.  Hut  though  there  are 
no  limits  to  be  set  to  a  parliament,  yet  they  are 
generally  thought  to  restrain  themselves,  to 
guide  their  proceedings  in  criminal  cases,  ac- 
cording  to  the  known  law. 

The  parliament  may  order  a  criminal  to  be 
tortured  :  who  can  say  they  cannot  ?  But  they 
never  ilid,  nor  never  will,  Ihope  ;  l>ecause  tor- 
ture, though  used  iu  other  countries,  is  not 
knoivn  here. 


Is  it  not  torturing,  to  inflict  pains  and  penal- 
ties on   persons  only  suspected   of  guilt,  not 
bile  strangers  to  the  whole  transaction,  \  plainly  proved  guilty?   Jtis  not  much  unlike 
f  auke  the  discovery,  till  they  feel  aiMl  jit.      The  parliament  may,  if  they  please,  as 
itself  towards  them:  my  lords,  '  well  upon  Hills  of  perpetual  imprisonment,  as 

'  upon  Jiills  of  perpetual  exile,  reserve  to  the 
crown  a  power  to  determine  the  one  as  well  as 
the  other.  They  have  reserved  it  in  the  former 
case,  but  liavi;  not  reserved  it  here  in  the  other. 
The  law  knows  u(»thing  of  such  absolute,  per- 
petual impriMonmcnts. 

The  parliament  may,  in  like  manner,  con- 
denm  a  man  on  a  charge  of  accumulated  and 
constructive  treason.    They  did  so  io  the  casft 


If  ease,  in  short. 
)t  hard  task  to  prove  my  innoeenry  : 
tedeonvicteil  hcfoie  your  lordships  on 
iliifiioe  as  this  ?  The  hearsay  of  an 
la'ptily  dead,  and  that  deniL><l  what 
^Igr  ateaiige  and  obscure  passages,  and 
llaacs  in  letters,  by  the  conjecture  of 
'lOUt  any  opportunity  given 
•ndlooLiDg  into  the  dccy- 


COS] 


9  GEORGE  I.  ProeecJifigs  against  Buhop  Aiierbunff         [604 


of  the  sfreat  lord  Strafford,  and  that  by  accu- 
mulated and  coiistructire  proof  of  such  treason ; 
that  is,  by  proofs  so  interpreted,  as  plauily  to 
communicate  light  and  stren^j^h  to  each  other, 
and  so  to  have  ail  the  force  without  the  for- 
mality of  eridence.  Was  such  proof  ever  ad- 
mitted by  any  one  \a  deprive  his  fellow-sub- 
ject of  his  fortune,  of  his  estate,  his  friends,  and 
country,  and  send  him  in  his  old  a{^,  without 
languafire  or  hope,  without  employiiieut  to  ^t 
the  n«HM*s8aries  of  Ufe,  to  starve  ?  I  say  again, 
God  forbid  * 

31y  ruin  is  not  of  that  moment  to  any  number 
of  men,  to  make  it  worth  their  while  to  violate, 
or  even  to  seem  to  violate  the  constitution  iu 
any  degree,  which  they  ought  to  preserve 
against  any  attempts  whatsoever. 

But  where  once  such  extraordinary  steps  as 
these  are  taken,  aud  we  depart  from  the  fixed 
niles  and  forms  of  justice,  to  try  untrodden 
paths,  no  man  knows  where  this  shall  stop. 

Though  I  am  worthy  of  no  regard,  though 
nrhutsocver  is  done  to  me  may,  for  that  reason^ 
be  looked  upon  to  be  just ;  yet  your  lordships 
will  have  some  regard  to  your  own  laitiug  inte- 
vest,  and  that  of  posterity. 

This  is  a  proceeding  with  which  the  consti- 
tution is  not  ac«|uainted;  which,  under  the 
pretence  of  supporting  it,  will  at  last  effectually 
destroy  it. 

For  God's  sake  lay  aside  these  extraordinary 
proceedings ;  set  not  up  these  new  and  d.-uige- 
Tous  precedents ;  I,  for  my  part,  will  voJun- 
tarily  and  cheerfully  g9into  periietual  banbb- 
nicDt,  and  please  myself  that  1  am,  in  some 
measure,  the  occasion  of  putting  a  stop  to  such 
precedents,  and  doingsome  good  to  my  country, 
aud  will  live,  wherever  J  am,  praymg  for  lits 
prosperity ;  and  do,  with  the  word  of  fatlier 
raul  to  the  state  of  Venice,  say,  *  £sto  per- 
petuo:'  It  is  not  my  departing  Vrom  it  1  am 
concerned  for;  let  me  depart,  and  let  my 
country  be  fixed  upon  the  immoveable  founda- 
tion of  law  and  justice,  and  stand  for  ever. 

I  have,  my  lords,  taken  up  much  of  your 
lordships'  time,  yet  1  must  beg  your  attention 
a  little  longer. 

8ome  part  of  my  charge  hath  been  disproved 
by  direct  and  full  evidence,  particularly  that  of 
writing  the  letters  of  the  20th  of  April,  or  that 
I  knew  who  wrote  them  ;  which  I  utterly  deny 
that  1  ever  did,  or  as  yet  do  know.  Other 
parts  of  the  charge  there  are,  which  are  not 
capable  of  such  disproof,  nor  indeed  require  it ; 
there  1  rest.  But,  my  lords,  there  is  a  way  al- 
lowed of  vindicating  myself,  it  is  generally 
negative  ;  that  is,  by  protesting  and  declaring 
my  innocence  to  your  lonlships,  in  the  most 
deliberate,  serious,  and  solemn  manner;  and 
appealing  to  God,  the  searcher  of  hearts,  as  to 
the  truth  of  what  1  sa}',  as  1  do  it  in  what 
follows.  I  am  charged  in  the  Re|>ort  with 
directing  a  correspondence  to  Air.  Kelly ;  but 
I  solemnly  deny  that  I  ever,  directly  or  in- 
directly, saw  a  aiogle  line  of  any  of  their  letters, 
till  I  met  with  tbetn  m  print.     Nor  vert  the 

IOf«DJ«f 


were  the 


I  do  in  the  next  place  deny,  that  I  was  evtr 
privy  to  any  memorial  to  lie  drawn  up  to  W 
delivered  to  the  Regent.  Nor  was  1  ever 
acquainted  \s\\\\  any  attempt  to  be  made  w 
the  king's  going  to  Hanover,  or  at  the  time  if 
tlic  election.  Nor  did  I  beer  the  least  romoir 
of  a  plot  to  take  place  afler  the  breaking  up 
of  the  camp,  till  some  time  after  Mr.  Lsyer*! 
commitment.  I  do  with  the  same  sdeiiwitf 
declare,  that  I  never  collected,  remitted,  le- 
ueiyed,  or  asked  any  money  of  any  mm  tl 
facilitate  these  designs;  nor  was  lever  ee* 
quainted  with,  or  had  any  remittances  wkit- 
soever  from,  any  of  those  iiersons.  I  mtnt 
drew  any  declaration,  minutes,  or  paper  bAf 
name  of  the  Pretender,  as  is  expressly  dHfrf 
upon  me.  And  I  never  knew  of  any  ooMIf 
iion  issued,  preparation  of  arms,  •fBeai,« 
soldiers,  or  the  methods  taken  to  procure  tsy,  ii 
order  to  raise  an  insurrection  in  these  kingMM. 
All  this  I  declare  to  be  true,  and  will  is  ds- 
dare  to  the  last  gasp  of  my  breath. 

And  I  am  sure,  the  further  your  kHMili , 
examine  into  this  affair,  the  more  yea  willb  ; 
convinced  of  my  innocency.   These  oontais  dl ' 
the  capital  articles  of  which  I  am  socoMdii 
the  Report  of  tiie  House  of  Commeos. 

Had  the  charge  been  as  fully  proved  as  «-  •, 
certained,  it  had  been  vain  to  make  protestsliHf 
of  my  innocency,  though  never  so  solemn.       j 

But  as  the  charge  is  only  supported  by  Iki ' 
slightest  probabilities,  and  which  cannot  b» 
disproved  in  any  instance,  without  proving  • 
negative,  albw  tlie  solemn  assevenUKMis  of  i 
man  in  behalf  of  his  own  intioceuee  Is  hut- 
their  due  weight ;  acd  I  ask  no  more,  tbtf 
that  they  may  have  as  much  influence  widl 
your  lordships  as  they  have  truth. 

If,  on  any  account,  there  shall  still  bethoiigkt 
by  your  lordships  to  be  any  seeming  strenslh 
in  the  proofs  again&t  me ;  if  by  your  lordship^ 
judgments,  springing  from  unknown  motiid^ 
I  shall  be  thought  to  be  guilty ;  if  for  any  m- 
sons,  or  necessity  of  state,  of  the  wisdom  asl 
justice  of  which  f  am  no  competent  judge;  if 
your  lordships  shall  proceed  to  pass  this  09 
against  me,  God's  will  be  done :  *•  Naked  caais 
1  out  of  my  mother's  womb,  and  naked  tballl 
return  ;  and  whether  he  gives  or  takes  awayi 
blessed  be  the  name  of  the  Lord  !*' 

On  this  day,  af\er  the  Bishop  was  remandA 
to  theTuwer,"a  motiou  was  made,  and  tbeqstt*; 
tiou  was  put, «;  That  George  Kelly,  alias  Jolis- 
sou,  now  a  prisoner  in  the  Tower  of  Londflii 
be  brought  to  the  bar  of  thb  House  on  BlflO-: 
day  morning  nt* xt,  to  be  examined  U|Mm  osib» 
on  the  Bill,  intituled,  .4u  act  to  inflict  paitf^ 
and  pen!ilties  on  Francis  lord  bishop  of  Re" 
Chester  ?"— It  was  resolved  in  the  negatif e. 

**  Dissentient, 
"  1st,  Because 
that  the  said 

ness  to  the  matters'^....  ^«..  »,  ...^uu. «(— — 
the  Bishop,  and  eouM  not  be  legally  lefuwl  V 
be  sworn  as  such,  if  the  Bisbop  wenenUr 
IriiJfor  IIm  nme,  in  thn  ordinvy  oommm 


iiient.  .  ^ 

ausc  we  think  it  unquestionakii^  1 

Kelly  is  a  competent  legal  wi*  i 

letters  charged  bv  the  Bill  spM.  f 


flOSj 


and  others  J  for  a  Treasonable  Conspiracy. 


A.  D.  1725. 


[60ff 


)nlice,  and  that  whether  the  said  Kelly  was 
prodttoed  cither  for  or  against  the  Bishop  ;  and 
ve  oooreif  e,  if  the  counsel  for  the  Bill  had 
Ibonstbt  fit  ta  have  produced  hina  in  support  of 
lie  bill,  that  even  uo  legal  objection  could 
biTebecn  made  by  the  Bishop's  counsel  against 
hii  beio^  so  produced  and  sworn ;    the  Bill 

CKd  toia  House  against  the  said  Kelly  not 
lag  received  the  royal  assent,  and  there  not 
^m^  in  the  said  Bill  in  our  opinions,  any  thing 
tecan  destroy  even  his  legal  testimony,  when 
Hfmxne  is  passed  into  a  law. 
>•.  ^  tdly,  Because  the  three  letters,  dated  the 
fHkaf  April,  1722,  supposed  to  contain  trea- 

"  'correspondences  with  the  Pretender  and 

lof  bis  agents,  have  been  made  the  principal 
mmgt  against  the  Bishop,  and  have  been  en- 
IviSared  to  be  proved  to  have  been  dictated  to 
1»  Mid  Kelly  by  the  Bishop  at  or  about  the 
tm  of  their  date :    But  this  not  being  as  yet 

,  aa  we  think,  by  direct  or  positive  proof,  by 

r  Uving  witness  of  the  fact,  but  by  circum- 

I  only  ;    we  think  it  most  proper,  and 

t  safe  and  just,  to  endeavour  to  discover  the 
of  that  material  fact,  by  the  best  evi- 
[llncethe  nature  of  the  thing  can  admit  of;  and 
:ttM  this  House  should  not  be  left  under  the 
^iiicukies  of  judging,  on  this  extraordinary 
^ntioo,  from  doubtful  circumstances,  if  the 
^kti  may  be  cleared  by  certain  positive  proof, 
^^tbe  examination  of  a  competent  and  a 
lUip  witness,  upon  oath,  at  the  bar  of  this 

"3dly,  Because  several  living  witnesses 
kre  been  examined  on  oath,  at  the  bar  of  this 
Bsose,  on  behalf  of  the  Bishop,  in  order  to 
|VHe  by  their  nosiiive  testimony,  and  other 
-tttumstances,  that  the  Bishop  did  not  dictate 
•  direct,  or  was  any  way  privy  to,  the  writing 
^laid  letters,  or  any  ot  them  ;  which  has  in 
•V  jadgroents,  rendered  it  of  yet  greater  im- 
MlaDce,  that  the  supposed  writer  of  those 
biters  should  be  brought  under  the  most  strict 
^•■d  solemn  examination,  before  the  Bill  has 
|iHed  this  House. 

**  4thly,  Because  the  said  Kelly,  though  ex- 

IttDed  before  committees  of  both  Houses  of 

Kriiameot  and  elsewhere,    hath  not,  to  our 

kiOH ledge,  been  yet  examined  on  oath  to  the 

fitters  contained *in  this  Bill  ;    and  it  having 

iMieare<l  to  us  in  other  instances  on  this  occa- 

«•,  particularly  of  Mrs.  Barnes  examined  for 

.  the  Bill,  and  ot  Bingley  against  it,  who  have 

:  ■itenally  varied  their  examinations  at  the  bar 

tf  this  House  fnim  tlieir  former  examinations, 

1  the  same  time  <leclaring  that  their  former 

ttaminations  were  not  taken  and  sworn  to  by 

Ikm ;  we  think  it  may  be  both  dangerous,  and 

derogatory  to  the  honour  and  justice  of  this 

House,  not  to  examine  on  oath  a  i^erson  cafia- 

Wof  discovering  the  matters  of  fact  on  \i  Inch 

Ibe  justice  of  the  Bill  against  the  Bishop  must 

depend ;    and  e8|)ecially  after  the  saiil  Kelly 

bitb  declared,  in  the  must  solemn   manner, 

aext  to  that  of  his  being  upon  oath,  that  the 

fiitbop   did  not  dictate,  or  was  privy  to  the 

moliiigi  iha  said  l«ttert|  or  any  of  them ;   and 


the  Bishop  himself,  in  his  defence,  having  also, 
in  the  most  solemn  manner  of  asseveration, 
declared  his  innocence  in  this  particular,  and 
expressly  referring  to  the  former  asseverations 
of  the  said  Kelly,  as  we  conceive,  as  a  testi- 
mony in  confirmation  of  his  own  asseverations. 

**  5thly,  Because  we  Conceive  that  the  said 
Kelly  was  not  only  a  legal  witness  for  or  against 
the  Bishop,  in  the  strictest  construction  o^ 
courts  of  judicature;  but  the  examination  of 
him  upon  oath,  on  this  Bill,  is  in  ever  v. respect 
whatsoever,  in  our  judgments,  less  liable  to  ob- 
jection than  many  or  most  other  evidences 
which  on  this  occasion  have  been  allowed; 
because  the  Bill  passed  b)r  tliis  House  against 
the  said  Kelly,  if  it  obtains  the  royal  assent* 
as  is  most  probable,  doth,  in  judgment  of  law, 
as  hath  been  declared  by  the  judges,  acquit  him 
of  any  future  prosecution  for  the  said  treasons 
therem  charged  upon  him ;  and  there  is  no 
judgment  or  punisnment  inflicted  upon  hiui  in 
the  said  Bill,  which  can,  when  passed,  de- 
stroy his  capacity  of  giving  evidence  on  any 
occasion ;  and  the  same  having  been  passed 
by  this  House,  and  not  passed  the  royal  assent, 
leaves  the  said  Kelly  in  our  opinions,  under 
less  influence,  either  of  hopes  or  fears,  than 
such  witnesses  which  have  oeen  examined  on 
this  occasion  under  commitments  and  cbargt 
of  high  treason,  and,  as  we  conceive,  less 
liable  to  that  objection,  than  the  declaration  of 
Philip  Neynoe,  which  has  been  read  against 
the  Bishop,  though  never  signed  or  sworn  to  by 
him,  and  the  said  Neynoe  was  some  months 
since  drowned  in  endeavouring  his  escape, 
and  which  declaration  appears  to  us  to  have 
been  made  by  him  under  the  strongest  influ- 
ences of  guilt  and  terror. 

<'  6thly,  We  think  the  crimes  charged  in  tha 
Bill  agamst  the  said  Kelly  are  in  their  nature 
distinct  and  independent  on  those  charged  upon 
the  Bishop ;  Kelly's  guilt,  in  writing  the  said 
treasonable  letters  proved  upon  him,  being  the 
same,  though  the  Bishop  be  altogether  inno- 
cent in  relation  thereto ;  for  which  reason,  as 
we  conceive,  this  House  did  refuse  to  permit 
Kelly,  on  his  Bill,  to  give  evidence  that  the 
Bishop  did  not  dictate  the  said  letters;  for 
which  reason,  we  are  of  opinion  that  the  evi- 
dence which  Kelly  might  have  given,  touch- 
ing the  Bishi  p's  dictating  the  said  letters  or 
not,  would  have  produced  no  consequence  at 
all  with  regard  to  the  Bill  passed  against  him- 
self, though  it  must  necessarily  have  contri- 
hute<l  to  the  proof  of  the  guilt  or  innocence  of 
the  Bishop. 

**  7thly,  This  House  having,  with  great  ho- 
nour and  justice,  declared  to  several  persons 
produced  as  witnesses  on  this  occasion,  '  that 
it  was  not  reqnireii  from  them  to  de|>ose  to  any 
thing  which  did  or  might  tend  to  their  own  acr 
cusdtioi)  ;*  the  testimony  of  the  said  Kelly,  if 
he  had  hern  examined  on  oath,  we  doubt  not, 
would  have  been  taken  under  the  same  just  in* 
(hilt^encc;  and  if  he  had  submitted  to  hava 
he«'u  examined  on  oath  to  the  matters  of  this 
Bill,  such  his  examination,  being  in  that  respect 


607]  9  GEORGE  I.  Proceedings  againd  Bishop  Atterhwry, 


[608 


voIanUry,  codM  not,  in  our  opinions,  have  been 
construed  as  forced  from  him  by  the  authority 
of  this  House ;  and  such  testimony  as  he  inipht 
have  given  would  have  remained  under  the 
consideration  and  judgment  of  this  House,  as 
to  its  credit  and  influence  on  all  circumstances, 
in  the  same  manner  as  the  other  evidence  for 
and  against  the  Bill    stiii   does. — Scarsda!e, 
Strafford,  Cowper,    Lechmere,  Dart- 
mouth, Pomfret,  Bathurst,  Salisbury, 
Northampton,  Anglesey,  Bingley,  F<»- 
iey,  Berkeley  of  Stratton,  Fran.  Ces- 
triens',   Poulett,    Masham,    Cardigan, 
Conipton,  Ashburnham,  Willoughby  de 
Broke,   Guilford,    Litchfield,   Weston, 
Aylesford,   Bruce,    Gower,    Uxhridge, 
Exeter,    Brooke,    Craven,    Middletou, 
Hereford,  Hay,  Denbigh,  Wharton." 

On  the  13th,  Mr.  JReeres,  of  counsel  for  the 
Bill,  by  way  of  reply,  spoke  as  follows : 

May  it  please  your  lordships;  To  permit 
me  to  offer  somethintf,  by  way  of  reply  to  the 
arguments  that  have  been  made  use  of,  and 
the  evidence  that  hath  been  given,  in  behalf  of 
tlie  bishop  of  Rochester. 

My  lords,  I  shall  not  trouble  your  lordships 
with  entering  far  into  the  arguments  so  much 
insisted  on  by  the  other  side,  concerning  the 
power  of  the  parliament  to  pass  Bills  of  At- 
tainder. 

They  have  been  spoken  of  by  the  counsel  of 
the  other  side,  as  inconsistent  with  our  consti- 
tution ;  Bills  of  Pains  and  Penalties,  and  Bills 
of  Attainder,  have  been  treated  by  them  as  un- 
known to  our  constitution,  unless  in  a  few  in- 
stance<i,  which  aikrwards  have  been  con- 
demned. 

And  yet  they  have  mentioned  the  Case  of  sir 
John  Fenwick,  which  is  a  prt'cedeut  of  a  per- 
son attainted  without  legal  evidence,  though 
he  were  forth-coming  and  amenable  to  justice, 
and  his  attainder  remains  still  unreversed.  And 
as  to  Bills  of  Pains  and  Penalties,  they  should, 
before  they  inveighed  so  much  against  them, 
have  considered,  that  two  such  Bills  have  now 
already  passeil  your  lordships'  House;  and  the 
Bills  against  Counter,  Bernardi,*  and  others, 
and  against  the  late  South-Sea  Directors,  arc 
precedents  of  Bills  of  this  kind.f 

They  have  mentioned  many  instances  where 
persons  have  been  prosecuted  according  to  the 
known  rules  of  law,  and  the  parliament  did  not 
think  tit  to  intert»ose.  And  doubtless,  my  lords, 
generally  speaking,  where  evidence  is  to  be 
had  and  to  be  produced,  and  the  persons  are 
forth-coming,  it  is  Tii*hi  to  proceed  according 
to  the  known  rules  of  law  in  the  ordinary  courts 
of  ju!»ticc. 

But  where  con<«pirators  are  carrying  on  their 
designs  with  art,  and  coutriving  to  sheiur  them- 
selves from  those  known  rules  of  law  ;  wc  ap- 
prehend, my  lords,  the  ordinary  prosecutions 

*  See  this  Case,  vol.  13,  p.  7  j9. 
f  As  to  such  Bills,  see  Uataeirs  Pieccdents, 
vol.  4,  title  laipeachment. 


at  law  will  be  no  argument  againrt  the  lem« 
lature's  making  use  of  their  authority,  wbea 
the  circnmstances  of  the  case,  the  preMfritioa 
of  the  public  peace,  and  the  safety  of  the  ooa- 
stitution  require  it. 

But  I  beg  leave  to  mention  one  instiDeeift 
which  they  are  mistaken :  they  have  said,  that 
in  the  Case  of  the  Regicides  (that  horrid  ui 
detestable  treason!)  they  were  alljuroseeutfi 
according  to  the  ordinary  coarse  of  lair;  bit 
if  they  had  looked  into  the  acts  of  pariitmcil^ 
they  would  have  found,  that  some  of  tbM 
were  punished  by  Bills  of  Pains  and  PenahieL 
The  lord  Monson  and  others,  who  sat  u  jnAgH 
in  the  pretended  high  court  of  justice,  waci^ 
served  by  two  acts  of  parliament  that  pMBi( 
to  have  pains  and  penalties  inflicted  upootat 
and  though  there  was  evidence  in  thatCMli 
have  attainted  them  acconting  to  the  i 


course  of  law,  the  parliament  did  prooMil* 
punish  them  by  pains  and  penalties ;  andth^ 


were  not  tried  according  to  the  ordinary 
of  law. 

This  I  beg  leave  to  observe  to  your  lordihipi 
in  relation  to  the  power  and  usa^ne  of  paiia* 
mcnts  in  passing  Bills  of  this  kind. 

3Iy  lords,  in  the  next  place,  1  beg  leave  ts 
take  notice,  that  the  observations  that  Jmw 
been  made,  and  the  evidence  that  hath  hm 
given  by  them,  as  to  facts  mentii  ned  in  tbeRt- 
port  and  Appendi.v,  concerning  which  we  biii 
given  no  evidence  at  all,  ought  to  be  laid  out  if 
this  case,  as  forci-:^n  to  the  matter  before  jfoir ; 
lordships.    The  matters  we  have  given  in  eri-  i 
dcncc,  it  was  proper  for  them  to  answer;  M3 
they  have  gone  into  the  Iteport  and  Appewbi  j 
in    order  to  disprove  facts  mentioned  tbev^j 
though  wc  gave  no  evidence  concerniDgthMi ; 
and  we  humbly  apprehend,  it  is  ootueceiSMy^ 
for  us  to  follow  them  as  to  those  facts;  for  if  ^ 
wc  maintain  the  charge  we  have  given,  itdilk:| 
not  concern  us  to  make  good  evury  article  ia 
the  Report  and  Appendix,  relating  to  this  f«* 
vcrcnd  prelate  now  Infore  your  lonlships. 

My  lords,  we  must  admit  the  evidence  prt- 
duced  to  charge  the  reverend  prelate  at  jfiV 
lordships'  bar,  is  not  all  of  it  evidence  stndlf 
legal  against  him,  if  he  was  to  be  tried  acoeir  ■; 
ing  to  the  ordinary  course  of  justice  in  Wert* 
minstcr-hall.     But,  my  lords,  we  humblT>^  ' 
prehonti  vou  are  not  tied  to  the  rules  of  W«^  , 
niinsli  r-fiall ;  for  if  your  lordships  arc  satisirf  J 
that  the  f.icts  proved,  laying  them  all  topclbtfi;^ 
do  cniirli'de  tlie  reverend  prelate  at  the  b*  ;^ 
guilty,  notwiilisiaiiding  iliey  do  not  amount ij- 
evidciice  accordisg  to  the   oidinary  f"^**J* 
Wcj»t minster- hall,   your  loi-dships  will  be  "^ 
opinion,  that  it  is  fit' ho  should  bo  punished. 

My  lords  the  evi<ience  that  hath  becngi»* 
by  us,  as  t'»  thcts  I'omriiitted  by  the  hislwp* 
R.»uliester,  h:ith  boon  cliiotly  from  ihrteletti* 
dated  the  iJOlh  of  April,  ITili;  each  of  ibj 
was  written  ui  ilie  hand  of  Mr.  Kelljii>^ 
dictated  by  my  lord  bishop  of  Rochester. 

My  lord,  tlu'se  letters  are  writ,  some  f^^ 
cyphers,  and  some  part  not;  they  are  «|*f^ 
by  the  names  of  T.Jones,  T.  llliDgtoD,«i'* 


f  others^  for  a  TreaatmabU  C&nspimcy, 


A.  D.  1723. 


[610 


I  t97S.  Hiy  lords,  if  tbe«*e  ihie*5  letters 
i  pfnf rd  lA  your  lorilHhipe  Halinrucliua  lo  be 
i  mU^TM  of  my  Jor«l  iHsstiop  oi'  Itochesier,  we 

iflinbij  tti)|>rrbend  they  do  prove  all  tbe  alle- 
'  I  in   llie   Bill,  which  my  lord   bishop  of 

bath  It^'fti  pk*as^  to  call  upon  tis 
r  Ihai  he  hath  hten  g:uiUv  of.    They  do 
^Ms  wc»ay,  and  us  plaitiiy  appeal's  Trom 
em  themseUesi,  matters  relating-  to  con- 
^  And  Goasptring  to  invite  a  foreig-n  force 
'  ^  kii&l^om  for  au  invasion,  and  lo  pro- 
D  inturrecliuM.     And   if  the  name  ot 
I  is  the  uame  by  wbicb   the  Pretender 
V,  that  letter  VI  iU  prove  the  other  part 
lit!,  thai  the  bishop  of  Uoc better  batb 
^'  ivitb  the  Pretender  htmtfelf 
f  I  heg  leave  to  obaierve  upon  the 
Od:    It   bath   been   insisted   u|kid« 
I  lift  contained  in  Plunkeirs  cypher, 
On  may  signify  to  Mr.    Plnnk»tt*6 
'  thing,  and  in  these  letters  another ; 
t  letlen  are  contrived  io  figures,  and 
cftttt  words  and  names,  as  in  Mr. 
V  I'  so  tkr  they  go^  to  admit  that  in 
r  the  name  of  Jackson  inlands 

I  'tri.c*j»*ti  . 

I J  lord  bilbo  p  of  Rochester  was  pleased  to 

fmi  that  in  ail  the  correspondence  between 

^  Aelly  and  the  persons^  fviih  whom  be  cor- 

1  ttbroad,  there  is  no  name  contained 

1itnkett*8  cypher,  which  Kt^lly  bath 

\  of  io  any  of  bis  letters,  but  (bit«« 

'  ,  it  appears  lo  your  lordships^  that 

ttModeiiee  between  Air.  Kelly  and 

ons  abroad,  several  other  ztaaoes,  men- 

E  in  Plunkett^B  cypher,  have  been  used  : 

I  it  ii  not   material,  whether  tbe$e  nntnei 

r  attained  in  the  letters  writ  by  Kelly  him- 

*  or  4fi  those  of  his  correijK>ndeDl«  writing 

When  his  correspondents  write  to  bim, 

r  to  bis  letters,  tuey  use  several  oiher 

Qes  which  are  couiuined  in  Plunkett's 

wbicl),  luv  lord^,  we  butuMy  appre- 

mne  thing  as  to  this  purpijM%  us 

I  tuwd  m  Mr.  Kelly's  letters ;  lor  be 

E  presutued  to  kuow  the  meaatiig  of  those 

\  naioeit»  when  they  are  contaiiied  to 

^  io  answer  to  letters  from  bino, 

ndence  which  he  carries  on  ; 

I I  [iprebend,  my  lords»  that  is  as 
•  e,  as  if  Ibey  had  beeu  coa- 
lers writ  by  Kelly  biiniielf. 
I  lis,  I  beg  teiLve  to  take  notice 

names  tliat  are  in  Mr.  Pluokett^s 

4  used  by  Mr.  Kelly^s  corre^pon- 

tbsir  letters  to  him, 

tstlittftkme  of  Xuland,  nbicli  stands 

the  name  of  l.Tvr«'\  ivKr-f^  giunds 

TMarr ;  the  ntme  ot  i  i  stands 

Mi4  the  name  oj  r  GUs- 

My  lords,  all  these   *  in  Mr. 

A^sryphert  snd  madf  ;  lie  letters 

'  Ww«€ti  Mr.  Kelly  aod  bis  ooms* 


f9m  lurdalj  , 

tit»»l  Ja  tin  Y  ill l! 

VOL.  XV  r;  " 


leave  lo  submit  it  to 
amonfir    persons    con- 
conspiracy, 


ou  tbt  ismt 


cyphers  arc  made  use  of,  and  in  the  cyphers  of  J 
soitieof  ibecooHpimtors  the  names  c^ituprizedT 
in  letters  writ  by  itthers  of  the  conspirators  atl 
contained y  wheilier  it  is  not  a  reasonable  evti 
deuce,  that  those  fictitious  nomes  contained  ill 
the  cyphers  of  one  of  the  conspiraturs,  and] 
made  use  of  in  the  letters  of  the  other^  sign  if 
the  same  persons;  unless  there  is  somelliing  1 
distiuguish  the  case,  and  shew  tliat  the  same 
names  are  made  use  of  to  denote  several 
|jersons. 

My  lords,  we  humbly  submit  it  to  your  lor^l- 
ships,  that  it  is  plain  from  the  evidence  we  have 
given,  that  these  three  letters  are  writ  by  thai 
same  baud  ;  and  by  the  circumstances  in  the 
tetters,  they  appear  to  he  dictated  by  one  imd 
the  very  same  person.     Therefore,  roy  lords, 
the  enquiry  will  be,  who   is  the  pei'iwm  de- 
scribed by  the  names  of  T.  Jones,  T.  llliuglon, 
and  the  6guix>s  1S78 ;  for  if  we  have  proved 
I  be  bishop  of  Rochester  to  be  denoted  in  this 
correspondence  by  the  names  of  Jones  and  II* 
linutun^  and  that  these  letters  were  written  bj 
Kelly,  and  dictated  by  Jones  and  Ilfm^ton, j 
tben\be  bishop  of  Rochester  is  the  person  bjl 
whom  these  letters  were  dictated. 

This  w  ill  appear  to  your  lordships  from  olbe 
fikcts  contained  in  letters  tnter*!cpted  in  lhi*t  cor»l 
respoodence;  facts  Ihat^  all  of  them  together^ 
can  relate  to  no  pervon  but  the  bishop  of  fto* 
Chester. 

The  circumstances  of  the  Bishop  in  his  ikf 
miiy  are  exactly  described  in  the  three  letterL 
of  Itie  20th  of  April ;  and  those  circumstaucesi 
pkinly  shew,  that  all  the  three  letters   wer« 
dictate<l  by  the  same  peiiion,   and   thai  th«| 
figures  1378  denote  ibe  same  person  that  J  one 
and  lilingtoudo. 

3fy  lords,  there  are  several  other  facts  roii*1 
tained  in  the  intercepted  letters,  that  denottf 
Junes  and  lllrngton  to  be  bishop  of  Rc»chesterJ 
Oneof  tliem  is,  the  fact  relating  to  a  dng  sen 
ovtr  to  Mr.  Kelly,  which  appears,  by  the  ev' 
dence  given,  to  have  been  designed  for  thi 
bishop  of  Rochester:  Therefore,  in  the  leltsi 
marked  E.  HU,  (that  is,  a  letter  to  Sir.  Kellj 
by  the  name  of  Hatiield,  and  directed  to  Mr,* 
riiktiield,  uniler  Mr.  Anthony  8auoder»'fl  cover, 
which  is  one  of  the  pei'^ons  described  in  the 
lift  of  directions  taken  in  Kelly^s  pocket-book) 
the  letter  menliiUis  "the  htltc  dog  was  sent  ten 
days  ago  and  ordered  to  be  drlivered  to  you,'* 
<Sec.  My  lords,  afterwards  Mr.  Kelly,  by  a 
letter  dated  the  dOtb  of  April,  172^.  E.  35,  (it  is 
a  letter  from  J,  H.  on*.*  of  Mr.  Kelly's  names, 
to  Uowell,  sod  which  bare  been  proved  to  t>c 
Mr.  Kelly *s  hand- writing;  says,  ^*  I  received 
the  pre!>eTttBeul  by  Ibe  young  lady,  but  in  such 
u  bad  condition,  that  I  am  afraid' be  never  will 
do  well ;  for  he  bad  a  leg  broken  in  his  journey, 
which  is  stilt  very  bad  with  him;  however,  I 
will  take  all  the  care  imagmable  of  biin,  aod 
inform  Mr.  Jones  soon  of  it,  to  whom,  1  know, 
any  thing  from  that  quarter  will  be  very  imh 
ceptabte." 

My  lords,  it  appears  by  this  letter  ot*  M« 
Kelly's,  tlist  this  dog,  tbst  is  tbsrs  mention 

2tt 


ffll] 


9  'GEOBOE  I.         Proceeihgt  t^ina  Bishop  AMrhtrgf 


"WM  not  a  ing  fur  Mr.-  KeUy  hiuiidf,  but  for 
Mr.  Jones ;  a  do^f  for  a  person  denoted  and  on- 
derscood  by  the  fictitious  ntme  of  Jonas :  So 
that  if  the  evidence  that  hath  been  given  of 
this  do^  bein^  designed  tor  the  Inshop  of  Ro- 
chester is  true,  then  it  follows  that  Mr.  Jones 
Mentioned  in  diis  letter  of  Kelly's  denotes  the 
bishop  of  Rochester. 

There  is  another  letter  relating  to  this  dog, 
£.  49:  there  is  mentioned  the  concern  Mrs. 
Iliington  was  in  for  poor  Harlequin;  **  Mrs. 
lllington  is  in  great  tribulation  for  poor  Har- 
lequin, who  is  in  a  bad  way,  having  slipped  his 
leg  again  before  it  was  thoroughly  well,  how- 
ever his  obligations  to  the  lad  v  are  as  great  as 
if  he  had  come  safe,  which  be  desires  you  to 
let  her  know." 

My  lords,  this  shews  that  Jones  and  llling* 
ton  are  the  same  persons.  It  appears  by  the 
former  letter,  that  the  present  was  for  Mr. 
Jones,  and  he  should  soon  know  of  it ;  this 
letter  says,  that  Mrs.  lllington  is  in  great  tri- 
bulation, 6cc,  However  his  obligations  to  the 
lady  are  as  great,  6cfi.  Though  in  the  first  part 
of  the  letter  it  is  Mrs.  lllington,  in  the  latter 
part  it  is  "  his  obligations  to  the  lady  are  as 
great  as  if  he  had  come  safe,  which  he  de- 
sires you  to  let  her  know."  That  shews,  that 
the  person  in  the  former  letter,  described  by 
the  name  of  Jones,  is,  in  this  letter,  described 
by  lllington,  and  consequently  Jones  and  ll- 
lington are  the  same  person. 

Sly  lords,  the  next  circumstance  observable 
in  these  letters,  the  intercepted  correspondence 
between  Mr.  Kelly  and  bis  friends  abroad,  is 
the  letter  dtted'the  30th  of  April,  1722,  E.  35, 
which  says,  '^  Mrs.  Jones  died  last  week,  and 
when  the  days  of  mourning  are  over,  he  will, 
1  hope,  be  fit  for  business." 

My  lords,  it  hath  been  given  in  evidence, 
that  the  Bishop's  lady — his  own  witnesses,  as 
well  as  ours,  have  given  an  account,  that  the 
Bishop's  ladv  died  the  S6th  of  April :  this 
•letter  is  dated  the  30th  of  the  same  April,  oon- 
sequputly  this  suits  exactly  with  the  Bishop's 
dn  umstances  as  to  his  lady  being  dea<l. 

My  lords,  that  Jones  and  lllington  are  the 
same,  appears  likewise  by  the  answer  given  to 
this  letter,  dated  the  QOlh  of  May,  1722,  E.  43, 
which  says,  **  Mrs.  Chi  vers  gives  you  her  kind 
service,  and  prays  you  will  condole  in  his  name 
on  the  death  ot  Airs.  lllington."  My  lords, 
this  letter  is  in  answer  to  that  of  the  30th  of 
April,  lor  it  begins,  "  Yours  of  the  30th  of  April, 
which  should  have  come  by  last  post,  is  come 
to  hand  ;"  and  this  letter  condoles  on  the  death 
of  M:s.  lllington,  whereas  the  letter  of  the 
30th  of  April  gave  an  account  that  Mrs.  Jones 
was  dead.  8o  that  Jones  and  lllington  aii- 
pear  by  these  letters  to  denote  the  same  person. 
My  lords,  these  are  IcthTs  writ  by  corre- 
spondents concernetl,  one  with  another,  in  car- 
rying on  this  conspirac}'.     It  hath  ~ 


been  oh 
jected,   on  the  behalf  of  my  lord  bishop  of !  of  the  apprehension  of  the  writer 
({oclioster,  that  he  is  not  concerned  in  writing  '  bended  he  was  only  come  to  tow 
of  these  letters,  nor  did  anjf  of  them  come  to 
bis  bands,  nor*  were  they  writ  by  his  direetioiis, 


but  that  they  passed  bctn^^te  BIr.'Kally 
bis  correspondents  abroad. 

Yoor  lordships,  we  hope,  will  be  of  4^ 
in  a  correspondence  of  this  nstdre,  (oi 
they  shew  something  to  indoce  jsur  lonis 
to  believe,  that  there  bath  been' if  tl&aKdoos 
sign  in  the  parties  between  wHom  these  le* 
passed,  to  denote  the  bishop  of  RMhestei 
order  to  charge  him)  that  these  are  facts,  w 
amount  to  a  certain  proof  who  tbeJ|N^ 
that  used  to  go  by  the  names  of  Joiies 
lllington. 

Your  lordshipa  observe  bow  the  m 
stands:  Mr.  Jones  and  lllington  is  a 'M 
described,  by  the  letters  of  the  SOth  o(-t 
to  be  in  great  pain  himself,  to  be  in  mdaid 
circumstances  in  other  respects:  he  a]tf 
by  the  evidence  at  that  time  to  have  been  i 
the  gout ;  his  lady  appears  to  have  htm 
and  dying ;  Mrs.  Jones  and  Mr.  lllingttto 
person  to  whom  a  dog  was  sent ;  and  as  H 
pears  by  the  evidetice  that  this  dog  was 
signed  for  the  bishop  of  Rochester.  '1 
Jones,  in  one  letter  it  is  said,  died  last  wd 
and  in  another  letter  th^y  condole  the  deri 
Mrs.  lllington :  and  it  appears  the  Bish 
Udy  died  the  week  before  the  80th  of  Apr 
My  lords  there  are  o^er  circnmitsB 
which  I  should  mentioh,  in  relation  to 
times  when  the  Bishop  was  in  London, 
when  in  the  country,  which,  we  appreben 
an  additional  proof  who '  was  meant  by 
names  of  Jones  and  IlKngtte.  Therefor 
letter  £.41,  a.  Kelly  says,  '»Mr.  IHin^ 
now  in  town,  and  presents  his  kind  servio 
you  ;  he  is  glad  to  hear  yon  received  hislr 
by  Crow,  and  wishes  his  next  may  he  mo: 
your  satisfaction." 

This  letter  is  dated  the  7th  of  May ;  t 
it  is  said,  Mr.  Jones  is  now  in  town :  it 
pears,  by  the  examination  of  Wood,  the  coi 
man,  that  on  the  7th  of  May  my  lord  bi 
of  Rochester  was  in  town. 

There  is  another  letter  dated  the  7th  of  I 
1722,  directed  to  MoFgrave,  E.  42,  whi 
beg  leave  to  make  some  observations  on.  T 
it  is  said,  **  I  had  the  favour  of  yours,  w 
I  communicated  to  Mr.  Jones,  who  is  con 
town  only  for  a  day." 

My  lords,  this  letter  shews,  that  the  pc 
denoted  by  the  name  of  Jones  was  com 
town.  But  they  object,  that  this  letter  ca 
be  applied  to  denote  the  bishop  of  Roche 
because  it  appears,  by  the  deposition  of  ^ 
that  the  bishop  of  Rochester  staid  in  tow 
the  10th  of  May  ;  so  consequently  he  dii 
come  to  town  only  for  a  day,  and  consequi 
cannot  be  the  person  meant  in  that  letter. 
My  lords,  as  to  that  it  appears,  that  the 
concerning  Mr.  Jones  applying  it  to  thebi 
of  Rochester,  of  his  being  come  to  tow 
true ;  as  to  the  Bishop's  lieing  come  to 
only  for  a  day,  that  is  not  matter  of  fad 

he  a| 

only  come  to  town  fbr  a 

but  he  might  be  mistaken  in  that ;  bal'tb 

of  his  being  oome  to  town  is  (ni^  the  ^ 


and  QlkerSjiJbr  a  Treasonahie  Conspiraci/,  A.  D.  1723. 


[6tl' 


t  he  came  only  Cor  a 
'  ust  jsiii>ii)iiil  loyour 

^10D  of  Ibe  ti^rili^r  u 
.  truth  of  the  foci  cod- 


lidd  been  a  discovf^ry^  ilmt  the  (ictitioas  tiam««« 

(utQueruitig  >\iiich  be  bad  betn  examined,  %vcr« 

iTiftdo  use  ot  ill  thoir  corres|»oodeuct^. 

Sifik  truth  of  the  foci  COD-         My  WdH^  he  comes  aderwrards  aud  vrritess 

wUea  we  have  proved  ihtit     letter*  arier  such  time  as  he  was  haded  (he 

Uochester  was  in  town  on     wastakf«i  the  19(h  of  May,  and  bailed  the  7tb 


?i 


^CD  i>lr.  Jones  ja  oientioDed  to  have 
10  ihiit  letter. 
leUifr  dated  Thursday  the  10th  of 
"44,  9ay*»  **  illinj^on  is  gone 
and  fliut  me  word  lie  would  be 
day  iii^i^ht,  when  he  halh  de- 
^al  a  particular  hour,  by  wblrh 
bit  ti>ny  be  about  hu»irie**  ;"  aitd  the 
btIcM%inLr  tti$i  Thuridtty  happened  to 
V.     Another  leUer,  E*  4.'>, 
v,  l7S2,My8,  ''Mr.JoDea 
btt  ry,  but  he  hath  aent  me 

vn  to-morrow."  My  lortii, 
If-'  hecoachtoau  Wooil^it 

pr^  U up  of  Rochester  woa 

«»wu  the  lULh  oi  Mhyt  out  of  town  tiie 
'.>laVt  hut  thai  he  catiie  to  town  the 
Uf  '     h  is  the  day  mentioned  in 

K«  1^  had  proiuised  to  coroe  to 

Pb  ujiii  hue  are  additidnaJ  circuni' 
1  agreeing  to  prove  that  the  biahop 
~^  denoted  by  the  natnea  of 

OI*.     My  lords,  we  muut  suh- 
riMi  rkr*kiinMp    cunjecturai 

t  the  conse* 

.1  Jones  and  llliniftaii 

'  r»  111  whom  all  th<tse 

It  h>  ahtiu»l  iitoiaUy  tfnpossihle, 

^  fads  shuuld  aj^ree  iii  the  c^sae  ai' 

i9  ihey  do  iii  the  ca^e  of 

Mr. 

H»  ifie  letten  of  the 

iii«f,  only   persttn  that 

>dy  cirouoiataiiee^  at 

.  ttkiifhtW  44).     They 

I  u^iiinitf  0l  hii  lieing'  in  town 

iutry  ;  a  i^reat  many  personii 

(TO  and  in  the  country  on  ihote 

in.     livi  true,  it  mtg^ht  be  so, 

oJv  uhiiso  lady  died  tlie  week 

^ut  the  bishop  ui  Ro- 

are  a  ^reat  nmny  to 

t  drcMuiiiiaiice  ma jf  be  afplied «  f i  u  t , 
ll^  laMiifr  «lw  ctrcninsfaftces  to|f ether » 
mtfiHtli  ir  in  the  ciue  of 

iV Ml*'  .1  the  CHM!  of  my 

bo^ofi 

Ijr  ool  h*  r  here  to  take  notice 

I  miliar  ut  \U¥  iuierce|Hed  Irtteri,  tlmt 
caftvAii  in  evidence  to  yvtir  brdshipii, 
liiliM  Um  Dames  of  Jones  and  11- 
I" 

RW  X«Uy*t  ktterst  ifivmirafi  account  of 
y  talm  opf  and  hit  t^k.ioftination  before 
.  takes  notice  oi  hia  beings  exa- 
i  p«nM»Q«  thiu  Mere  meant 
tiaoiea;  and,  ammiKr  |||« 
lllinj^tooi  who,  he  tavs,  are 
VWL  Thiaiato  i^ive  an  iotiiiia* 
^  '        abroad.  llMt  lli«re 


of  June),  wherein  he  says,  ^*  It  is  ah«ntut«ly 
necessary  now,  that  there  should  be  a  new 
book  of  accouuts  ;'*  says  he,  **  they  must  use 
no  rootle  their  present  book  of  aecountii,  since 
those  who  have  g^ot  part,  may  have  ^ut  the 
wh(de." 

My  h>rds,  we  humbly  submit  it,  that  he 
havinif  l^^iven  un  account  of  his  l»ein^  examined 
Cfincernm^  those  severul  fictitious  names^  after 
when  he  comes,  and  says,  it  is  absolut^'ly  De-> 
cesiMiry  to  hate  a  oevt  honk  of  accounts*,  it  is 
a  plain  owning  of  Kelly  by  this  leitei)  thai 
the  names  enquired  after  were  the  names 
made  use  of  in  the  correspondence,  and  there* 
fore  he  says,  it  is  necessary  to  have  a  tiew  hook 
of  accouuts  t  that  i^,  other  cy  phers  and  fictt- 
tinua  iiame«,  by  which  to  carry  on  iheir  cor* 
respondcQce :  he  owns  thoy  have  got  part,  ati^ 
frars  they  may  have  got  itje  whole. 

From  that  unw  the  names  of  J  tines  and  II- 
liogtcin  ate  no  more  met  with  hi  the  corre* 
spdudence  that  follotTf;.  We  have  gone  09 
furilier  in  our  evidence  to  fix  any  otlier  names 
to  meiin  the  bishop  of  Rochiiter,  hut  only  the 
natues  of  JfHies  and  llliu^ton,  Bvt  there  are 
oih«^r  naiiH'K,  whicb^  iu  llie  letlerd  that  fullow, 
pnihably  are  deiii((Ded  to  mean  the  hislH^p  of 
Uciebp«;ier ;  but  they  will  be  oat  of  the  case, 
liecauHe  we  have  sfiveu  noevidetn*e  cnncCruini^  • 
them:  ami  the  pUin  ie«w>u  uhy  Jones  ar»4  * 
Jllington  are  not  made  use  of  any  longer  ts^ 
liecttuse  it  appears  on  the  ejcsminution  of  Mr* 
Kelly,  that  tliose  names  were  meutiixied ; 
iherelore  Ihsy  were  afraid,  by  makinif  use  of  • 
ihofie  names,  the  corresfiondeuce  iii^ght  be 
discovered,  aud  it  mi^ht  prejudice  the  persona 
who  went  by  tho^ie  ficuttous  numes. 

My  lordii^  thijt  is  the  substaucie  of  tlie  letters 
writ  to  and  from   Mr     Kelly  aud   his  corre- 
i^pondents,  concerning  the  peri^on  that  goes  by  ' 
the  nnines  of  Jones  and  llhotfton. 

Though  my  lord  bitbop  si  Itochester  iuststs, 
that  he  is  nut  pr«*t?d  to  be  the  person  con- 
cerned iu  wriiitig  thi.'Se  leUens,  and  that  he  had 
no  notice  of  ihein,  and  therefore  they  uugbl  • 
nut  to  be  looked  upon  asevidrncea^iiui*it  him  ; 
my  lords,  wc  submit  it  to  your  lordships,  in  a 
correspoiidentteot'ihtfi  nature,  when  we  pursue  ; 
facts  and  circumKtaiines  thnt  are  statwl,  and 
arise  from  theintD  '  '    lerK,  which»  when 

1 1  Ay  come  to  be  ii  I  ^  therj  are  a  plaifi  , 

indieottou  of  the  pii»iMi  uuu  m  meant  by  them  \  • 
when  the«ie  iirciirniftnhces  and  fads  can  At 
none  but  tiie  bishop  of  Rochester,  we  ho|>r« 
though  It  t!t  not  letjfil  eiuieuce  in  Wwtnan* 
steT'liall,  ^fi  i>  t*  ijAtistuclpry  evidence  Uf  in* 
duce  y  i|is  tu  heUeve,  mxti  be  ct»u* 

viooed\  t  ^    j^on  can  be  denoted  by  tliesa 

names  but  liie  bi»h«t»  of  RochcaUr. 

My  inrd«,  this  is  a  matter  that  the  bishop  of 
Rochester  could  not,  with  all  bis  «are,  b* 


015] 


9  GEORGE  I.  Proceedings  agaiml  Sulwp  Aiteriwnft  [610 


aware  of;  he  Ukes  care  that  the  lettera  of  the 
90th  of  April  are  in  cyphers,  and  not  writ  with 
his  own  hand ;  fictitioua  names  are  made  use 
of,  and  he  thiuks  he  shall  be  shellcred  by  Ihis 
means  from  being  found  out  to  be  the  person. 
The  other  facts  could  not  be  supposed  would 
come  out  to  explain  the  pprson. 

But,  my  lords,  very  often  there  is  a  provi- 
deuce  in  delecting  thm^  of  this  nature ;  and 
where  the  greatest  caution  and  care  is  used, 
oircumstauees  (that  human  prudence  could  not 
guard  against)  are  so  strong  and  convincing, 
that  they  discover  such  secret  correspondence, 
and  plamly  pro? e  who  is  the  person  carrying 
it  on. 

Some  texts  of  Scripture  have  been  cited  on 
the  other  side :  my  kirds,  1  beg  leave  to  use  one 
on  this  occasion  ;  and  that  is,  «*  Curse  not  the 
king,  no  not  in  thy  thought ;  for  a  bird  of  the 
air  shall  carry  the  voice,  and  that  which  bath 
wings  shall  tell  the  matter." 

In  these  treasonable  conspiradet  and  corre- 
spondences against  the  king  and  government, 
(notwithstanding  they  are  carried  on  so  secret- 
ly, that  the  conspirators  think  nothing  can  dis- 
cover them,)  there  happen  sometimes,  through 
Providence,  sach  cireumstances  which  the  per> 
sons  cannot  be  aware  of,  that  bring  those  things 
of  darkness  to  light :  and  we  hope  this  may  be 
an  example,  that  may  deter  any  person  mm 
going  in  the  most  secret  and  concealed  way  to 
ensage  in  any  thin^  of  this  nature. 

My  lords,  there  is  a  matter  I  shall  beg  leave 
to  mention  to  your  lordships,  because  my  lord 
bishop  hath  insinuated  as  if  I  made  hard  and 
barsh  application  of  the  letter  taken  upon  his 
wrvant  My  lords,  he  says  that  the  construc- 
tion I  put  upon  that  letter  was  not  a  natural 
but  an  ill-natured  explication.  The  letter  men- 
tions an  impeachmeut,  and  says  the  Bishop  in 
the  letter,  *<  If  the  impeachment  cannot  be 
stopt,  I  am  prisoner  for  some  years  without 
remedy." 

My  lords,  I  did  observe  to  yonr  lordships  on 
that  expression  in  the  letter,  that  it  seemed  to 
import  a  sense  of  my  lord  bishop's  guilt,  be- 
cause he  said  he  was  unavoidably  a  prisoner  for 
some  years.  My  kird  bishop  says,  this  is  by 
no  means  a  natural,  but  a  forced  and  ill-natured 
explication;  for  in  that  place  he  meant  no 
more  than,  if  an  impeachment  were  lodged,  it 
would  not  be  prosecuted,  but  made  use  of  only 
that  he  might  be  detained  a  prisoner  for  some 
years. 

My  lords,  I  most  snbmit  to  your  lordships, 
which  is  the  most  genuine  and  natural  inter- 
pretation, that  which  I  put  upon  the  words,  or 
that  which  my  lord  bishop  of  Rochester  doth, 
which  so  highly  reflects  on  the  honour  and 
justice  of  your  lordships  and  the  House  of 
Commons. 

My  lords,  I  shall  beg  leave,  in  the  next  place, 
to  take  notice  of  the  evidence  that  hath  been 
given  on  the  behalf  of  my  lord  bbhop  of  Ro- 
chester, and  to  conskler,  whether  that  is  suffi- 
cient evidence  to  satisfy  your  lordships  of  bis 


My  lords,  we  did  read  the  exuninatioB  of  Mr. 
Neynoe,  one  of  his  examinatioiis,  and  tbete 
that  was  taken ;  they  on  the  other  mi»  edM 
for  three  other  examinations,  of  which  the  hst 
examination,  which  we  read,  was  an  abstnwt; 
they  read  them  all,  and,  my  ferds,  tbe  ami* 
nation  which  we  read  was  oonaiateiit  wiib  thne 
other  examinatkms,  with  relation  to  my  laid 
bishop  of  Rochester :  and  I  most  own  that  the 
charge,  in  the  examination  of  Neynot«  npn 
my  lord  bishop  of  Rochester,  is  only  hsawty 
from  Kelly  ;  that  Mr.  Kelly  did  tefi  NeyDM^ 
that  the  bishop  of  Rochester  held  eotTwp» 
dence  with  die  Pretender  and  his  agents ;  mi 
that  he  was  employed  by  the  Biahop  in  wMkg 
for  him,  and  carrying  on  tbe  said  OMTCi|n- 
denoes:  so  far,  my  lords,  it  is  bennayi«kil 
Mr.  Kelly  told  Neynoe.  Now,  as  to  Mr.  U^T 
himself,  it  did  affect  him,  by  charging  thM  hi 
had  confessed  to  Neynoe,  that  he  Aid  mm  m 
such  a  correspondence:  hot  as  to  my  toil  M- 
shop,  it  cannot  affect  him  but  aa  bearsaj  %  -^ 
we  must  agree  that,  if  there  waa  nothing  iki 


agreel 
in  the  case  but  this,  all  the  argamentti  i 
use  of  against  such  evidence  would  be  of  grai 
weight. 

My  brds,  I  cannot  say  that  this  cbaiga  fnm 
Neynoe's  examination  is  of  weight  to  €bai|i 
the  bishop  of  Rochester,  so  aa  to  condemn  his. 
My  lords,  they  have  urged  that  if  tbia  chM 
is  not  to  be  believed,  all  conies  to  nothing :  IM^ 
say  they,  is  the  foumlatMu  ;  and  if  Mynsi% 
examination  is  not  sufficient  to  afleet  tbe  nihip 
of  Rochester,  then  all  the  aubsequent  ovidnM 
falls  to  the  ground. 

My  lords,  I  beg  leave  to  observe  first,  thatif 
we  had  not  Neynoe's  examination,  tbe  pimf 
against  my  lord  biKhop  of  Rochester  b  as  sMg 
without  it  as  with  it ;  it  is  certainly  evidmos 
of  the  conspiracy  in  general,  but  aa  to  the  Bi« 
shop  it  is  only  a  circumstance,  to  shew  Ibil 
another  man  had  said  of  the  bishop  of  Rsehw 
ter,  that  he  was  carrying  on  a  oorrespondsMt 
with  the  Pretender,  ^. 

But,  my  lords,  taking  the  examinatkw  if 
Neynoe  out  of  the  case,  and  oonaiderintf  Ihi 
other  facto  mentioned  and  proved  to  yourloid- 
ships,  there  is  no  occasion  of  Neynoe's  eisfli* 
nation  ;  whether  Neynoe's  examination  bt 
false  or  true,  is  not  material :  there  is  snfidcit 
to  prove  the  bishop  of  Rochester  guilty,  ftr 
they  cannot  destroy  the  other  facta  and  cir- 
cumstances; and  as  long  as  they  subsist,  thiy 
~    ifrw 


prove  the  bishop  of  Rochester  to  be  the  i 
concerocd  in  carrying  on  this  correspondsacs. 
My  lords,  I  beg  leave  to  observe  in  Neynoe^ 
examination,  there  is  something  more  thm 
hearsay,  there  is  a  fact  in  it,  and  we  areabitli 
support  that  fact  by  other  evidence.  NcyMi 
says,  that  he  hath  gone  several  timsa  WJA 
Kelly  to  the  bishop  of  Rochetttor's,  and  hllh 
staid  a  considerable  time  for  him.  My  M^ 
we  shall  prove  by  another  witnem,  that  NeyHi 
about  tkiat  time  came  several  timea  to  a  bMib 
where  he  said  he  waited  for  a  friend  of  bii  ihrt 
was  gone  to  the  bishop  of  Racbeelcr's,  and  ky 
aiaid  and  waited  for  hraa  tbren  or  Ibw  tnMi 


7 

\ 


i 


ttnd  othera.Jiir  a  TreasonaUe  Cotupiracif.  A.  D.  1723. 


[OlS 


an  tinttr  and  an  liatf  together, 
>iri  wbal  >'e^'nue  said  iu  ihat 

il)r  there  tre  screrftl  improbiibilitteis 
■I  In  Neynotf^s  cxanrmiiiion,  and  iiicou* 
an  to  the  imiirobuUitities,  sonic  of 
!  tnputtoncd  AS  if  there  was  ^te&X  wei^U 
Tlmt,  so  modi  iiisisietl  on   by  my 
"H  is,  that  Neynoe  sayB*  be 
^  rile  memoriata,  Atid  tue  last 
ii»   DcreiTiber,  arid  Ihat  wu  to 
the  rrt^i-ril  of  France  to  furnisb  ft  body 
5^piwi   ♦«.  r.   tn  rnme  aod  invade  these  king- 
n  made  by  the  bishop  of 
j\r*^  these  memorial*  ? 
Hit  he  not  i  .  of  tbein  ?    For  he 

[ihAt  titoe  (  !     ,  in  0  de«ic^n  to  serre 

If  une   way  or  other;  if  he  designed  to 
those  persons  he  corresponded  with,  it 
■  ate  been  of  service  tri  have  kept  those 
da,  to  liRve  riclivered  them  to  the  go- 
ni :   il\  on  t!ic  o<ber  side,  he  bad  kepi  to 
(lifrnds,  tt  woiitd  have  been  proper  to  have 
'er  to  create  a  confidence  in 
w  the  part  he  had  in  itje  coo- 
<  uc^Ki    ob^rvaiiont^  can   have  no 
,  when  your  lordi^hip**  come  to  con^itder 
'**"'^^'*cr,  and  ibere  was  never 
I J  to  make  nny  discovery 
^   ;..  J  ..\]  July  foUouiti^.     As  to 
fice  it  mijrhl  be  to  keep  Ihem  with  re* 
hi*  parU    my  IohIs,  we  bumbfy  ap- 
Pii  tnig;  bim  as  a  man  en- 

k^nce  of  this  kind,  a  me- 
al of  tbiii  tiaiute  drawn  up  by  him  can  be 
mIqo  ii«e«  but  to  detect  himselt  and  injure  his 
pBty,  it'  be  haprjens  to  be  taken  up,  and  such 
» wtnwriMl  frtimii  ujjon  bim ;  therefore  it  was 
ieecifciu         ■  -tfov  it. 

Vy  :  e  19  another  tbin^  raentiotied 

with  rcuii'Mi  til  Watson,  and  ihe  iniprobability 
•if  hit  bdiig  the  ««-]  Mftrescbal ;  but  Neynoe 
4m»  not  t^^y  that  be  wai  the  earl  Mareschtif, 
k«l  Biyfi,  there  waj*  one  Henry  Watson,  which 
to  be  a  fictitious  name,  and  does  not 
irbo  be  really  wa«,  but  he  tiKik  him 
Ihe  t^t\  Marescbaf,  and  he  f^ave  him 
da  to  draw  up  these  memorials. 
»fda,  we  apprehend  it  \s  not  material 
fllxon  waa  ;  be  is  a  person  thai  employed 
m  write  these  niemorials,  and'  lie 
the  earl  Mareichal ;  Neynoe  says 
I  bim  to  be  ho.  Hay  they,  if  it  was  the 
cbal|  why  sboubf  be  iie  teverat  nigbtR 
•  f  Thi»,  «ay  they»  la  very  im* 
vas  to  conceal 
for  that  ptir- 
vviiii  Neynoe*  and 
^c  Ma«i*  m  not  im* 
.*».>uf  ^,.1  discover 
I  Neynoe 
^r^Mu   -^^,-^'-i  .-:  ^-,^ -piracy,  if 

tiid  ntit  know  him  In  be  the  earl 
al^  it  mitfbl  not  f»c  projier  for  him  to 
liitnteif  p. 

Dfila^    1  U;->*-         e  are  the  principal 
f  ol9»cte«f ;    tlier«  «r«  aomt  other  Httle 


matters,  but  I  think  dwelliogf  on  auch  ol»jec- 
tions  as  these,  is  but  mis- spending  yonr  lurd- 
time. 

My  lords,  that  which  we  humbly  insist  uffOn 
is,  VVbeibcr  Neynoe*B  ejicamination  is  an  exa- 
mination to  be  c  red  tied  or  not  credited  ?  We 
afrree  it  is  only  heai'say  as  to  the  bishop  of 
Rochester,  and  if  we  bad  not  other  matter, 
it  would  not  be  ^ntBcient ;  to  that  we  huutbly 
Mpprebend  its  being  true  or  false,  won't  ai» 
lect  this  case.  If  your  lordshipa  arc  of  opi- 
nion it  is  false,  there  is  sufGcient  evidence 
against  the  bishop  of  Rochester  wilboat  it. 

My  lords,  in  the  nejtt  place,  they  have  pro- 
duced in  evidence  aeveral  persons  that  come 
and  give  your  lordships  an  account  of  Neynoe'a 
confessions  to  tbem.  There  is  one  Mr.  Bingley, 
Mr-  Steward  and  Mr,  Skeene,  and  two  other 
persons,  that  give  an  account  of  what  Mr. 
skeene  and  Steward  had  told  them  Neynoe  bad 
said. 

Bingley  by  his  evidence  would  have  it  be- 
lieved, th;it  Neynoe  had  told  him,  he  was  em- 
ployed by  some  person  in  power,  to  fix  several 
things  upon  several  persons  that  tbijy  were 
innocent  Of;  that  he  bad  said  several  things  that 
were  falsi',  and  had  imposed  upon  a  great  man 
he  had  made  application  to,  and  bad  got  great 
Slims  of  money  out  of  him. 

My  lords,  I  don*l  know  how  far  they  would 
carry  this ;  for  by  what  hath  been  insisted  upon 
by  my  lord  bishop  of  Kocbester,  and  his  coun- 
sel, it  should  seem  as  if  they  were  labouring  to 
shew  from  these  jiersons  that  ibey  have  called 
to  be  examined,  tnat  all  the  letters  relating  la 
this  correspondence^  the  letters  of  the  SOth  of 
April,  and  subsequent  lettent  that  relate  to  the 
particular  facts  that  denote  Jones  and  tllington 
to  be  my  lord  bishop  of  Rochester,  were  con- 
trived between  Neynoe  and  some  other  persons, 
in  order  to  charge  my  lord  bishop  o(  Rochester 
with  being  concerned  in  this  consptracy.  Thii 
seems  to  be  what  they  arc  labouring  at  by  ibii 
evidence. 

My  lords,  as  to  Neynoe^s  being  a  person  em- 
ployed in  writing  these  letters  of  the  201  b  of 
April,  or  any  subsequent  letters,  in  manner  ai 
is  suggested,  we  shall  sbcw  your  lordships  that 
it  if  impossible  to  be  true ;  we  ^hall  sliew  that 
the  letters  of  the  20th  of  April,  and  all  the  other 
letters  that  mention  the  facta  which  denote  the 
bi«hop  of  Rochester,  were  all  intercepted  atid 
in  the  hands  of  the  government,  l>elore  sucb 
time  as  it  was  known  among  the  ministry  that 
there  was  such  a  person  as  Ncy  noe :  for  N  ey  doc 
made  vtpplicalion  to  the  honourable  person  men- 
tioned by  their  Hicopaaetf  aub»cqueni  to  all  this 
correispondence,  when  theae  letters  were  in  the 
hands  ol'  the  government,  as  a  person  that 
ctndd  make  discoveries  to  the  government 
Therefore  that  insinuation  romal  vanish,  that 
Neynoe  waa  employed  to  forge  letter,  which 
contain  facts  under  llie  names  of  Joties  soil 
lllington,  to  charge  Ihe  bisbon  of  Kocbeclari 
and  that  even  tho»e  lettein  of  tuc  20th  of  A|inl 
^ere  tbrged  by  him. 

My  torda,  we  shall  go  iotu  the  characta^  of 


I 
I 


I 


I 


I 


619} 


9  GEORGE  r. 


Pi  oceeuiu^s  a^aitist  l>is/iop  AUcrburtf^  j[62U 


Mr.  BiDfl^ley,  who  hatb,  at  your  lordships'  bar. 
owned,  that  he  bath  been  whi|»t,  pilloried,  and 
im [Prisoned  ;  and  as  he  bath  taken  his  degrees, 
as  he  owned  at  your  lordships'  bar,  consequently 
he  hath  taken  the  oaths.  ' 

As  to  the  character  of  Mr.  Skeene,  he  hath 
likewise  been  produced  as  a  witness,  and  he 
carries  Ills  evidence  farther  than  the  evidence 
of  Mr.  Bingley ;  for  whereas  Mr.  Bindley 
sayt<,  that  Neynoc  confessed  he  had  imposed 
upon  that  honourable  person,  and  bad  men- 
tioned thinc^  that  were  false,  yet  he  could  not 
say  tliNt  afler  the  time  of  his  examinations, 
after  Neynoe  was  brought  from  Dover  to  town, 
he  had  confessed  to  htm  that  what  he  had  said 
on  those  examinations  was  false :  but  8keene 
says,  that  after  his  examinations  he  owned  that 
they  were  false.  The  last  examination  was 
the  27 til  of  September,  and  he  was  drowned 
that  ui^ht ;  hut  as  to  the  examinations  before 
the  37th  of  September,  and  out  of  which  that 
is  ctillected,  Mr.  Skeene  says,  Neynoe  said  to 
him  that  they  were  false. 

My  lords,  as  to  Mr.  Skeene,  we  shall  sheir 
vbat  suit  of  a  man  he  is,  a  man  attainted  of 
high-treason  ;  and  though  he  is  pardoned  as  to 
his  having  his  life  and  liberty  given  him,  he  is 
in  all  respects  an  attainted  person :  he  was  trijcd 
and  condemned  in  the  county  of  Surry  for  being 
concerned  in  the  Preston  rebellion,  and  con- 
sequently a  man  of  no  credit.  And  as  to  what 
he  and  Steward  swear,  relating  to  a  conversa- 
tion with  Neynoe,  when  in  custody,  we  shall, 
shcM'  they  never  were  together  after  the  first 
nijifhi  when  they  supped  together.  lie  was 
asKed,  whether  it  was  the  first  night  that  he 
had  this  conversation  with  Neynoe,  and  he 
did 'not  pretend  he  had  any  conversation  of 
this  nature  with  Neynoe  the  first  night;  and 
if  it  was  not  the  first  night,  we  shall  shew  it 
could  not  be  afterwards,  for  Neynoe  was  kept 
in  a  room  by  himself,  Skeene  and  Steward  by 
themselves  m  a  n>oin  underneath ;  and  tlierc- 
fore  this  seems  to  le  a  story  contrived  between 
Skeene  and  Steward. 

We  shall  shew  it  could  not  be  nopsible  for 
them  to  converse  together,  for  Skeene  and 
Steward  were  locked  up  in  their  room  ;  Neynoe 
^^  u  'locked  up  in  his  mom  separate  and  apart 
from  theirs;  so  that  they  could  never  have 
correspondence  with  him,  nor  come  near  him. 

Another  thing  is  sworn  by  one  of  them,  about 
a  message  sent  to  him  by  Nevnoe.and  apaper, 
while  tiiey  were  in  custody  or  the  messenger ; 
and  he  sa>s,  this  paper  was  brought  to  him  by 
the  messenger's  maid  from  Neynoe,  and  thai 
this  pa|>er  contained  a  justification  of  my  lord 
Orrery,  expressing  that  he  knew  nothing  of 
my  lord  Orrer^r,  but  what  he  bad  said  of  uim 
was  utterly  false ;  that  the  messenger  finding 
Le  had  some  paper,  he,  to  conceal  thi^  jutper, 
burnt  it.  But  that  tlie  maid  came  to  him  with 
such  a  message  or  paper  is  false;  the  maid 
never  did,  nor  did  the  menenger  know  of  the 
paper,  as  wc  shall  prove  to  your  lordships. 

My  lords,  when  we  liave  proved  tbtSt  wt 
baiobly  apprehend  we  i»f ^  ^en  qff  i^jr  ^sf^ 


dit  that  could  be  civen  to  wliat  these  people 
have  said,  if  they  have  said  any  thing  material. 
My  lords,  belbre  I  leave  this  liead,  Ibeg  leave 
to  olMierve  another  things  as  to  Skeene.  He, 
upon  his  examination  concerning  a  discourse 
with  Fancier,  denies  it  entirely ;  nut  says,  that 
what  Fancier  hath  informed  in  rdation  to  him, 
is  false.  We  shall  call  Fancier,  who  will  in- 
form your  lordships,  that  Skeene  hath  owned 
that  he  was  privy  to  this  conspiracy,  and  koevr 
who  were  concerned  in  it. 
.  I  own  there  are  several  noble  persmui  named 
to  be  concerned ;  that  there  is  lio  reason  to  say« 
from  what  Skeene  may  have  said  of  them,  thai 
they  are  guilty  :  but  such  as  he  may  haTe'imd 
the  names  of  great  persons  designedly^  to  fcs^ 
up  the  spirit  of  their  party,  by  telling  then 
such  and  such  persons  were  concerned  :  aoiif 
there  is  no  other  evidence  but  what  such  a  per- 
son hath  said,  the  noble  persons  mentioned  will 
not  be  affected  by  it. 

My  lords,  there  is  another  head  1  shall  beg 
leave  to  mention,  and  what  thev  have  insisted 
upon  under  this  supposition ;  that  they  woold 
have  it  taken  that  there  was  a  design  to  fiirgs 
letters,  in  order  to  charge  my  lord  bishop  of 
Rochester,  and  several  other  persons.  Sar 
they,  it  was  easy  to  get  information  of  sra 
circumstances  relating  to  the  Bishop  and  his 
family  as  are  mentioned  in  the  intercepted  let- 
ters, and  then  to  write  such  letters  with  a  design 
falsely  to  charge  the  Bishop  with  having  bwn 
concerned  in  carrying  on  a  treasonable  corres- 
pondence. Your  lordships  will  please  to  con* 
aider  who  this  charj;e  must  fall  upon,  of  foig- 
ing  the  letters  of  the  20th  of  April,  or  the  letters' 
that  shew  Jones  and  llliugton  to  be  the  bishop 
of  Rochester. 

My  lords,  we  have  proved  them  all  to  be  Mr. 
Kelly's  own  handwriting,  or  letters  that  have 
come  in  answer  to  them.    They  have  ohiected 
we  have  nut  given  sufficient  proof  of  Kellv't 
hand  :  say  they,  it  is  proved  by  clerks  of  tlie 
post-office,  who  never  bad  compared  one  origi- 
nal letter  with  another ;   but  at  last  they  stop 
an  original  letter,  dated  the  20th  of  August, 
after  the  correspondence  had  been  carried  oa 
several  months ;  and  then  come  and  swear  that 
the  original  letters  that  were  forwarded,  wen 
of  the  same  handwriting  with  that  of  the  liOiIi 
of  August.    Can  this  be  looked  upon  as  suffi- 
cient proof  ?  But  we  submit  it ;  their  evidence 
is  much  stronger  than  if  they  had  only  com- 
pared one  letter  with  another,  for  they  not  only  , 
had  these  letters  come  every  week,  but  they  . 
were  emnloycd  every  time  these  letters  came, 
to  copy  them  ;  so  that  the  handwriting  of  these  . 
letters  must,  by  the  constant  stopping  of  these  . 
letters,  and  their  copying  of  them,  l^  so  im-„, 
printed  on  their  memory,  that  they  are  mocfa  . 
better  judges  of  tlie  bund,  than  if  they  had  two.., 
of  these  letters  to  have  only  compareu  them  to* , 
ffether.     And  the   handwriting  was  so  weU/^ 
known  to  them,  thai  tliey  could,  as  they  hare., 
inforined  your  lordships,  when  any  of  these  kt".^ 
ten  cux^^  distinguish  them^  by  the  handwiitte 
if  the  SBpaicripUonSy  beiwe  ibey  had  optnilj 


Mt&km.Ji&tt  TretisMhleWSSfiraeji.        *A?b?ifts.  ' 


t^iey  R€ver  were  misjtakrn.  Anil 
mbly  apprehemf^   is  ns  Batisf?ictnry 

aft  can  be  gi^en,  that  tliest:  Mt^rs 
ndff riling  of  Mr,  Kelly,  nroTide^l 
'  the  20lh  of  Aug[U«t,  ^hlcu  1  sball 
of  by  and  bye,  is  fiufTicienlly  i»ro¥eiJ 
htDUtt't-Ltmof* 

then,  my  lopiffl,  ibai  these  lefters 
dwrittog  of  nir,  Ketlyj  ond  of  his 
>Qls  m  anavter  to  them,  I  don't  find 
J  hbbop  of  Rocb<*«tef  halli  chargfe<J 
dth  havingariy  malicetohiti].  And 

1  malice  lo  fhe*lis*h«p  of  Roebe«tcr, 
J  induce  him  to  write  those  Setters, 
la  charge  the  biahnp  of  Rochefiter 
sbDcerned  in  fbis  conspiracj  ? 

,  we  humbly  ap|^rebend  the  pretepoe 
\m  beio]^  fbrged,  mutt  insiDdiute, 
a  Vile  feU6Tr;mteDding  to  charge 
»f  Rochester  with  beinff  conoeroed 
(lirtcy,  and  nkake  bimliable  to  for- 
ilog  that  was  disar  to  bim,  hath  cpu- 
f  oobtaiDing  cireiimstaoces,  in  order 
be  tte  peraon  denoted  b  v  the  oames 
d  miogtpD :  he  bath  writtea  letters, 
Mnalidn  received  others  in  answer 
'Als  purpose:  itnd' by  these  wicked 
lOt  pfoctibJbsy  hath  fufhiklied  tl^ 
ibttthe  Bishop,  wtiols  aii  inbbtent 

2  this  is  the  subsfanee  of  jkhe  d^f^te 
I ;  and  whether  ^our  lotdAips  will 
'we  must  submit  to  your  loroships. 
lipsliaTe  had  K.d!ybelb^ey^,and 
ttioor  have  had  no  reason  lo  think 
'4ny  malice  against  my  lord  bishop 
t,  or  any  design  or  intention  to  pre- 

/the  next  part  of  the  eridence  I 
aT^  to  observe,  is  a  part  very  consi- 
i  is  so  far  from  lieing  a  defence, 
^nce  attempted,  hath  confirmed  and 
id  the  evidence  against  mv  lord  bi- 
^ihester ;  that  is,  with  relation  to  tlie 
I  among  my  LordBishop^s  papers, 
Dobois  ;  a  letter  which,  they,  ob- 
t  contain  any  treason,  or  is  of  any 
import ;  but  it  seems  to  be  a  letter 
lltt,  and,  I  believe,  as  such,  it  was 
ire  to  be  destroyed,  as  it  would  have 
lere  been  any  ap{)rvlicn>ion  that  use 
been  mtfde  of  it,  as  now.  uj^ainstthe 
Stater. 

L  the  use  we  n\il:e  of  it  is,  to  shew 
ifioson,  or  Mr.  Kflly,  was  a  |>ers()u 
vj  my  lord  Msliop  of  Rochester  in 
Hk  for  him.  My  lords,  your  lord- 
llhme  hy  the  letter,  he*  says,  ''  I 
mbiog  IroDi  you  since  the  letter  I 
Mblnonths  ago  by  Mr.  Johnson; 
BHiiediately  in  his  hand  returned 

iftfttlbitlhe  bishop  of  Rochester's 

'^tra  hand,  or  his  letter  writ 

^  .bliinly^  proves  what,  we 

»o,'i.'e. 'Kelly  writ  ibr 

,"  Upi  HrHI  observe,  it  is 


a  letter  wvjt  iii  a  bautl  wlilch  no  man  writes,  a 
sliflrhft»j<4  Jitmost  like  print ;  nnd  it  is  plain  ibai 
it  is  writ  lo  Jlsgube  the  baud  of  itie  writer, 
whoever  be  wa^.  At  the  latter  end  of  the  let- 
ter, wbfn  the  [lerson  Ibat  virlt  it  comes  to  be 
,  tired  and  off  of  Wm  ^^^tti^  there  are  sei'eral  kt- 
'  ters  whicb,  com /m  red  with  tlK*  writing  of  my 
lord  (i  I  shop  of  Rod  I  ester,  aad  whst  is  own*;!! 
to  be  his^  appear  tf*  be  bis  writing.  Jo  tbe 
datetif  the  IcHpr,  which  i^  Decejubpr,  the  D 
^ou  frequently  iind  ip  the  Biahoji'g  ii ind writ- 
ing;  yijur  Jordsbip^  oWrve  the  k-tter  E,  that 
frequently  occius  io  the  Blshoji'^ii  writing;  i^ud 
your  lordships,  by  coTnpanng  that  with  the 
ktler  produced,  will  find  thai  tbcy  exacily 
agrei*. 

Wbelber  or  na  yoor  lordships  wop*t  tl^ink  it, 
on  those  circumstaueesj  to  be  the  writiog  of 
my  lord  bishop  of  Roeheiter'  in  a  disguised 
hatidj  we  must  submit  to  your  lord  ships.  But, 
my  lordSj  suppose  it  was  not  his  handwriting, 
here  is  eridence  that  it  wa#  his  letter ;  and 
that  is  evident,  bt^cao^e  it  is  under  hi^  ^aI,  it  is 
sealed  with  his  own  seat,  a  seal  that  be  had  iu 
his  costodyi  and  made  use  of  no  longer  ago 
than  the  OTh  of  February  last:  I  tliiak  thai  is 
ibe  \\^y  a  letter  was  talien  from  his  servapjt. 
Thai,  we  humbly  apprehend,  mj  lords,  wilt 
plainly  shew  it  is  lheBishop*e  teller,  because 
jt  woH  sealed  with  l^i:^  se^t^  and  the  SAme  &eat 
is  miide  use  of  by  the  Bishop,  on  lUe  letter 
that  was  taken  upon  his  servant  In  February 

My  lords^  this  mntter  hath  been  controverted 
by  my  Lord  Bishop.  He  bath  called  en- 
gravers,^ who  IjelJeve  teal*  may  be  couuter fell- 
ed, and  rniprefijiipus  may  he  taken  off  the  wax, 
and  another  hnjiression  made,  ^o  as  to  make  it 
diMcuitto  know  which  is  which*  Thfy  were 
a  little  loose  in  answeiing^  the  qupstion^  Wlje- 
Iher  or  no,  if  the  seal  from  whence  li^e  impce^ 
sion  was  to  he  taken,  wa»  broken  in  the  mjddje, 
it  could  be  done  ?  But  one  said,  the  seal  inj^hl 
be  mended,  and  it  ml^hl  pa^s  unobnei t iil  \  hitt 
I  fi«d  it  is  extremely  difccuU.  But  ibey  did 
fiayf  sealq  may  he  so  ccanterfeik'fi,  that  *t  may 
he  diffii'^uK  to  discover  one  iVom  the  other.  My 
lords,  this  is  to  insinuatei  that  altar  Hucb  (imta 
'A%  the  kfter  was  taken  upon  my  I..i»rd  Bi^bop^A 
servant,  ttie  p«r«on  in  whose  custody  this  other 
letter  of  Bubais  was  (w;hich  is  jjroved  to  iuiv« 
been  takeo  the  il4lh  of  A«ig»  amonijst  the  Bi- 
shop** papers)  hath  caii^l  \^l^  irupref^sion  lo  be 
'  c?:  n  ifiXiU}  «r  d  A^iib  which  ihe  kt(er  to  Du- 
:  :\ii^  ^v,!^  Li,  lilt?  wajc  broken  in  two  as  it 
,i»s>  iM  nrdtii  to  ll\  it  up<^n  t1ie  letter  that  wa^ 
t^ken  upon  my  Lord  Bishop- s  serraiit,  so  as  to 

ijrove  ihe  letter  to  Duliois  to  Le  ibe  Bishop's 
etler*  Who  is  this  to  be  fix^d  upon  ?  Neynoo 
was  gone  I  I  don* I  know,  uulrfc^  upon  ihe  com* 
mittte  of  the  House  of  Comnr**na :  *or  the  Bi- 
^\\m*%  letter  vias  taken  i^n  hi  a  servant  the  ^aih 
iif  F^^broary  ;  ilie  commit )et  of  the  House  of 
CoH*moos  made  ll*cir  Ul■^^O^t  on  the  Hrsi  of 
March,  nud  the  letier  lo  Uubois  had,  loD|r  ^^ 
fore  tlie  St;ih  of  Ftbj  u*ty,  hceii  in  Cuntody  of 
that  committee.     Ami  yi^t  while  luiii  letter  is  i<- 


623] 


9  GEORGE  I.  Proceedings  against  Bishop  AiierJmry^  [6S 


custody  of  a  committee  of  the  Ilonse  of  Com- 
rooDs,  they  will  have  it,  here  is  an  impression 
taken  off  a  broken  seal,  and  put  on  this  other 
letter,  in  order  to  shew  that  these  are  letters  of 
the  same  person.  Who  can  believe  this  to  be 
the  case? 

An  observation  hath  been  made,  that  truly 
the  committee  of  the  House  of  Commons  have 
not  made  any  observation  of  this  kind,  with  re- 
lation to  thb  letter  to  Dubois,  that  it  is  the  Bi- 
shop's letter :  wbicb  is  true;  for  they  had  not 
this  matter  relating  to  the  identity  of  the  seals 
under*  their  consideration;   but  this  is  a  new 
discovery  made  since :  and  therefore,  my  lords, 
they  apprehended  that  this  was  a  letter  directed  | 
to  the  Bishop  by  the  name  of  Dubois,  it  being  j 
found  amongst  his  papers,  and  nothing  to  the  ' 
contrary  dicTappear,  till  after  they  had  made 
their  Iteport. 

My  lords,  there  are  other  things  your  lord- 
ships would  have  expected  to  have  had  an  ac- 
count of,  in  answer  to  this  evidence.  Here  is  a 
letter  found  among  my  Lord  Bishop's  papers ; 
consequently,  so  far  we  apprehend  that  this 
evidence  is  a  legal  evidence  against  the  Bishop, 
as  being  a  letter  found  in  his  custody  ;  this  let- 
ter is  directed  to  Dubois,  and  mentions  the  hand 
of  Johnson.   Doth  my  lord  bishop  of  Rochester 

Jive  any  account  who  Dubois  is?  who  this 
ohnson  is  ?  how  this  letter  came  there  ?  No, 
ray  lords,  none  at  all.  Doth  bis  lordship  give 
YOU  any  account  of  the  seal  P  and  hath  his 
lordship  said  that  the  seal,  that  sealed  the  letter 
taken  on  bis  servant,  he  hath  not  ?  or  that  the 
letter  was  not  sealed  with  his  seal,  or  that  he 
did  not  seal  it  himself?  His  lordship  did  not 
say  one  word  to  that  purpose,  or  make  any  de- 
nial of  the  matter,  nor  give  your  lordships  any 
account  who  Dubois  and  Jonnson  were  ;  no- 
tbinflf  at  all,  but  hath  left  it  to  your  lordships 
on  that  foot :  that  the  letter  to  Dubois  had  an 
impression  taken  off,  after  it  was  in  the  custody 
of  the  committee  of  the  House  of  Commons, 
and  that  impression  made  use  of  on  the  other 
letter :  and  that  this  is  another  part  of  the  con- 
trivance, in  order  to  charge  my  lord  bishop  of 
Rochester  with  being  concerned  in  this  con- 
spiracy. 

My  lords,  as  to  the  seal's  being  the  same  on 
the  two  letters,  we  humbly  apprehend,  the  evi- 
dence given  on  the  other  side  liath  strengthened 
ours.  We  have  produced  two  engravers,  one 
of  them  the  V  own  to  be  the  top  engraver  of 
England,  Mr.  Christian  ;  he  grave  your  lord- 
ships an  account,  that  he  verily  believed  these 
two  impressions  to  be  taken  oif  from  the  same 
seal.  Mr.  Rolles  said  the  same  thing,  and  that 
he  had  used  the  art  long,  and  could  judg^e. 
They  made  no  endeavours  on  the  other  side  to 
try  the  skill  of  Mr.  Christian :  but  as  to  Mr. 
Rolles,  they  hoped  they  should  be  able  to  puz- 
zle him ;  and  therefore  have  pro«luced  six  se- 
veral impressions  made  on  wax  by  seals  to  try 
his  art ;  and  after  he  had  looked  upon  them, 
he  g^ves  you  such  an  account,  that,  I  believe, 
your  k>rdsbips  are  satisfied  that  he  is  a  man  of 
skill  and  art :  and  that  if  theie  imprsnioiis  liad 


been  taken  off,  as  they  would  insiniiate  tlie 
were,  he  must  have  discovered  it. 

Aly  lords,  here  is  an  artist  brought  to  mak 
this  experiment  on  Holies,  to  try  bis  skill 
yet,  notwithstandingall  the  art  hath  been  mad 
use  of  in  the  case,  that  could  be,  the  man  wi 
able  not  only  to  distinguish  how  many  sea 
the  impressions  were  made  with,  but  also  1 
give  an  account  that  they  were  cast  seals,  as 
not  graved  seals,  that  made  those  impressioni 

'fbis,  my  lords,  will  have  such  a  weigh 
with  your  lordships,  that  we  hope  your  kwd 
ships  will  believe  bis  evidence  is  true  ;  andtf  ] 
is  true,  what  answ^  hath  beeu  given  U  yoa 
lordships  have  he^d.  Whether,  theroHc 
any  satisfactory  answer  hath  been  given  Is  as 
evidence  so  strong  and  convincing  of  JohoMi'i 
beinff  employed  in  writing  letters  for  the  biihi| 
of  Rochester,  we  must  submit  to  your  M' 
ships. 

My  lonls,  the  next  evidence  they  went  upoc 
was  m  relation  to  the  dog.  Say  they,  we  sill 
shew  that  this  dog  was  not  for  the  bishop  ol 
Rochester,  or  any  other  person  but  Mrs.  Baraes, 
As  to  that,  my  lords,  1  beg  leave  to  reniod 
your  lordships  of  the  evidence  ffiveo  by  Mn. 
Barnes,  that  Mr.  Kelly  told  her  it  was  for  Ibe 
bishop  of  Rochester.  It  is  a  little  improbable^ 
if  the  dog  had  been  for  Mrs.  Barnes,  that  be 
should  come  and  deliver  it  to  her,  and  tell  ba- 
it is  for  the  bishop  of  Rochester.  But  it  sp- 
pears  by  Mrs.  Biames,  that  another  dop^  wa» 
designed  for  her,  and  that  this  dog  was  ror  die 
bishop  of  Rochester.  They  have  read  in  efi- 
dence  a  certificate,  signed  by  Mr.  Binning^ 
ham,  and  likewise  an  affidavit,  that  there  wti, 
in  the  month  of  March,  a  dog  delivered  to  KeUj 
in  France  for  Mrs.  Barnes.  That,  my  lonu, 
must  be  another  dog,  and  not  this,  whidi  we 
say  was  for  the  bishop  nf  Rochester ;  for  tbif 
was  not  delivered  to  Mr.  Kelly  in  France,  Wt 
was  sent  over  to  him  after  he  was  in  Eoglaad, 
as  appears  by  the  letters ;  and  aAer  he  had  re- 
ceived it,  he  writes,  that  <*  he  would  iofbrm 
Mr.  Jones  soou  of  it,  to  whom  any  thing  fron 
that  quarter  would  be  very  acceptable.*'  Se 
that,  my  lords,  if  there  was  another  dog,  and 
by  Mr.  Kelly  designed  for  Mrs.  Baraes,  «• 
humbly  apprehend  it  cannot  be  applied  to  tbii; 
for  this  dog  was  desi(>ne<l  for  Mr.  Jones,  and 
Airs.  Barnes  says,  that  is  the  bishop  of  Ro- 
chester. 

My  lords,  the  next  evidence  given  by  tbea 
is  in  relation  to  the  letters  of  the  20th  or  April 
They  have  endeavoured  to  prove  that,  as  to  mj 
lord  bishop  uf  Rochester,  it  is  iinpojuiible  tbal 
these  letters  could  be  written  or  dictated  by 
him.  He  caiue  to  town  the  1 1th,  and  went  te 
Bromley  again  the  l'2th  of  April  \  he  bad  a  fil 
of  the  gout  soon  after  ;  had  servants  that  floa- 
stantly  attended  him,  more  than  one ;  andtheK 
servants  give  an  account,  that  no  person  wbeft- 
soever  came  near  him,  or  could  be  eraplojc' 
by  him  to  write  those  letters. 

My  lords,  1  beg  leave  to  observe,  first,  tbil 
as  to  the  applying  their  evidence  to  the  wm^ 
of  thwe  letters  on  the  80th  of  April,  it  is  v«y 


W'. 


mnd  olhers^Jhr  a  TreoionaUe  Conspiracy,       .  A-  D.  1725.  [096 

iioiably  diAl  tlie  letters  ivrre  writ  on  anolhfr        My  lords^  I  beg  leave  (o  obterre,  frbat  tb« 
iiy  ilioji  wbimthe'v  bear  dute  :  therefore  it' they    servants  have  «worQ*     Here  h  Grentf  that  it 

iny  lord'ii  butler,  he  savs^  that  tny  Lord  fin»Uop 
went  the  I'ith  ot*  April  to  Bromley,  and  he  at- 
tended him  there  till  the  21»t,  «tid  on  the  SIsI 
be  fVAii  !»eut  to  toM'u  upon  sim\e  siatteri  reUl* 
ing  to  the  Westminster  electlnn  i  and  anotlter 
■errant  about  him  gives  tn  account,  that  two 
or  three  dayii  aller  my  LonI  Bishop  camt 
doun,  he  was  taken  to  ill  tn  his  haod«J  and  feet, 
as  not  to  be  uhle  to  help  himself.  These  ar« 
two  or  three  days  beyond  the  time  that  Kelly 
was  out  of  his  lodgings  %%hich  was  the  12iu 
and  IStb,  (and  thtiie  two  or  three  days  must  lie 
the  14th  and  15th)  it  may  lie  my  Lord  Bishop 
was  BO  disabled  indeed  as  he  say  a  ^  he  says  he 
if  altnoat  certain  that  no  stranger  was  with  the 
Bishop  ;  bat  he  aaya  the  apothecary  or  th« 
minister  might  be  with  him  in  his  illnesSf 
though  he  did  not  see  them  tiimsetf.  )f  it  ii 
poiisilile  for  the  apothecary  or  tlie  mitiiiter  to 
be  with  him,  and  he  not  nee  them,  why  ii  it 
Dot  as  possible  that  Mr,  Ktlty  might  be  there, 
and  he  not  see  him  there? 

Tlie  next  witness  that  is  called  only  speaks 
to  the  18th  and  19th  ;  when  Grant  cimie  in  the 
election,  another  servant  was  sent  tor,  and  he 
weut»  and  be  says  iBy  Lord  Bishop  was  very 
ill.  Hamuel  Hteele  give.s  an  a^iconnr  of  tny 
Lord  Bish«»p'8  dincss,  and  his  attendin^^  him* 

My  lords,  they  have  brought  all  the  ser- 
vants of  the  house,  the  very  stable-boy,  to 
prove  that  my  Lord  Bishop  could  not  see  any 
body  without  their  knowledge  ;  even  the  Durs€ 
that  attended  his  lady  when  Jihe  was  dyint^. 
The  aervaitts  that  were  waiting  upon  his  lacTy 
iwear,  that  it  was  impossible  any  budy  should 
come  to  my  Lord  Bishop,  and  they  not  know 
it;  and  they  are  as  {lositive.  in  relation  to  any 
body's  coming  to  my  Lord  Bishop,  as  the  ser- 
vants that  immediately  atteoJed  him. 

-  -      -      ,  _._     ,       _- ,  ,    ,_         But,  my  lords,  there  is  a  matter,  which  wt 

my  Wd%  it  ia  possible,  from  these  circum-    shaU  ofiWr  in  evidence,  that  entirely  destroy! 
that  these  letters  might  be  tvril  w  hen  the    thi^  evidence  of  my  Lord  Bishop's  be  ing  so  itt* 
wan  rn  lc»wn,  and  Kelly  was  in  town.      j  that  he  could   not   move   band  or  foot,  and  of 
Bat  suppose  it  »>t)Ouhl  fiot  be  to  $    the  qnes-  |  his  not  being  in  a  capacity  of  dktaltng  letters  t 
liia  is,  wbefhcr  ihey  could  not  be  writ  at  Brom*  t  That  he  did  actunlly   vend  a  letter  the  SIst  of 

Sfl   On  tlie  Hth  of  April  Air  Kelly  was  at    April  to  a  persoti  in  town ;  and  this  very  Grants 
ri,  Bamea't,  he  ilid  not  he  at  humettioi  tii^'bt,  '  that  hatii  giten  this  account  to  yovir  lordshf]>9, 
iHlbt  13th  be  did  not  he  at  home;  on  tlie  Mth    bruught  up  the  letter  to  town  on  the  Slst  of 

of  April*  We  have  this  to  give  your  lurdshii»s 
i» evidence:  then  what  i»  the  evidence  of  ail 


le  thAl  the  letters  were  writ  on  another 
\f  than  when  they  bear  date  :  therefore  if  they 
p9fe,  thai  it  wus  impossible  that  these  letters 
•iMMild  be  writ  or  dictated  by  the  biiihop  of  Ro* 
ahaalgr  no  the  day  tliey  bear  date,  yet  they 
aijfflit  be  writ  on  another  day,  and  it  ii  very 

S  s  it!  observe,  that  these  let- 

;  and,  1  believe,  where  a 
rtr  lo  another,  he  doth  not 
tiir  icUfi  into  cyjiher^  as  it  is  dictated, 
Brtt  wntes  it  out  in  words  at  leni;^ih,  and 
arda  puts  it  into  cyphers,  and  when  it  is 
to  send  it,  then  is  the  time  to  dale  it ; 
be  1«H  with  the  person  that  puts  it  into 
fend,  as  probably  it  was  in  this  case, 
him  to  d«le  it  when  he  pleatieih  :  so 
thry  should  have  shewn,  that  upon  the 
*f  April  the  Bishop  was  incapable  of  dic- 
tttin^  or  writing,  it  m  no  conclusive  answer 
Id  the  dimrge  against  iht  Bishop  as  to  these 
*  Utrs. 
Your  lordships  will  please  to  observe,  ihni 
i  ibe  J  lib  of  April  the  bishop  of  Rochesicr 
( to  town,  on  the  12th  he  went  into  the 
notwithstanding  what  they  have  ut- 
Hiapied  to  prove  as  to  tlic  time«  that  Kelly  Mas 
MttT^ty  ,...1  it,e  Bishop  was  in  the  country, 
yet  I  lib  and  I'ah  they  were  both  in 

iy  came  to  town  from  France, 
f  ike  1  I  lie  Bishop  came  to  town  the  1  tth 

(►fawn   /  ,     .   )       J.  . 

When  the  servants  came  to  be  examined, 
what  time  rif  the  day  the  Bishop  came  to  toM  u 
■  aalbe  lUh,  they  could  not  give  any  account 
i  if  that :  wtien  tney  were  asked,  what  time  of 
I  i»j  it  waM  when  he  went  out  of  town  on  the 
» Iftb,  they  could  give  no  account  of  that. 

There  hatli  been  no  account  given  to  your 
bnt«|ji|>s  who  tvaswith  the  bishop  of  Rochester  ' 
Ihc  llth  and  I'^tti  when  he  was  in  town,  or 
t  my  l^fd  Bishop  was  at  that  time;    so 


;»ltoaiiie,  and  went  to  his  old  lodgings  at  Mrs, 

oiiro«*s.    These  two  nights  it  doth  not  ap- 

r  wlMre  be  was  i    he  might  have  been  al 

ny^  it  is  but  an  bourns  ride.     As  to  the 

,  «ay  they,  they  should  have  remem- 

aetting  up  hiH  horse:    he  might  set 

r  at  an  iito,  atnl  go  jirivately  lo  my 

IBSibop. 

Blstitbstaodintr  my  I^nt   Bi«hop  wa^  ill, 
lllirfttxrh  I.**  kIhmiIiI  lirm*  nmir^ij  to  your  Wd* 
•  was  so,  he  did 
J  ti  .  ^^*y,  yet  we  sub- 

"Mit  it  to  your  iordtiiipv  riiat  it  is  no  answer  ; 
hi  be  was  bot  tery  b»ti  nil  he  hud  been  in  the 


try  twi*  or  ihiee  days,  and  these  letters 
■Ifbtlie  dictated  or  writliHi  in  those  two  or 
tint  fkys  befun  be  wu  tit  iM. 
VUL.  XVJ 


those  servants,  who  swear  that  it  is  imposaibU 
these  letters  should  he  writ  on  the  20ib  of 
April  i  and  that  nobody  was  admitted  to  convo 
to  him  in  order  lo  write  these  letters? 

My  lords,  aa  to  the  evidence  ttiat  hath  been 
Ifiven,  in  relation  to  Kelly's  hand- writing,  they 
bare  called  witnes'ies  to'ihxpiuve  the  evidenco 
on  our  side,  who  looking  iipiin  the  letter  of  tbo 
2(Hh  of  August,  swear  ihey  ih  not  lirtievo  it  It 
be  Kelly's  hand* writing.  Our  witncMCs  do  be* 
licve  it ;  Iheir  witiKiH«ea  do  not  believe  it  lobe 
bis  hand' writing,  and  say  that  it  is  not  hke  it. 

There  are  seicral  fellers  shewn  tlieiii| 
lliuugh  in  a  lesss  Immtj  that  are  agreed  to  km 
Kef  Iy  ^i  bai»d-Wf  itjDg  i  aud  y  our  kniakipi  «iay 


i 

I 


I 


ear) 


9  GEORGE  I.         Proceedings  against  Bishop  Atterbun/t  [888 


jud^,  by  looking  on  them,  whether  they  are 
nut  of  the  Bame  haod  with  the  letter  of  the  20th 
of  August;  thoQgh  the  character  18 •omething 
less,  we  humbly  apprehend  they  will  appear  so 
to  be.  Besides,  there  are  those  circumstances 
relating  to  the  hand  writing  of  Mr.  Kelly,  tha 
•put  it  i^ond  all  dispute  that  it  is  his  hand,  and 
Uiat  is  the  answers  he  hath  received  to  those 
letters  which  we  charge  to  be  written  by  him. 
We  have  traced  him  from  place  to  place, 
where  the  letters  that  came  in  answer  to  his 
'letters,  were  directed ;  to  Mr.  Andrews  at  the 
Dog  and  Duck,  there  Kelly  employed  a  person 
to  take  them  up,  and  they  were  delivered  to 
htm  ;  and  at  Burton's  coffee-house  Kelly  took 
up  the  letters  that  were  directed  thither,  in  an- 
•wer  to  those  letters  that  were  of  his  hand- 
wrtiing.  So  there  is  not  only  the  evidence  of 
witnessM' that  knew  his  hand,  and  believe  it 
to  be  his  hand,  but  here  are  the  answers  to 
them  actually  taken  up  by  Kelly  himself: 
audi  that,  we  humbly  apprenend,  is  so  strong 
•n  evidence,  joined  with  the  other,  that,  when 
one  or  two  wi loesses  .come  and  say  they  do 
not  believe  it  to  be  his  hand- writing,  their  tes- 
timony shall  not  overthrow  It. 

My  lords,  there  is  another  piece  of  evidence 
given  by  them,  relating  to  the  letters  of  the 
30th  of  April,  which  were  enclosed  in  a  packet 
sent  to  Boulogne ;  the  packet  is  directed  to 
Mr.  Alexander  Gordon,  hanker,  at  Boulogne: 
they  have  produced  a  certificate  from  Boulogne 
upon  oath,  wherein  it  is  said,  that  he  is  no 
banker,  and  denies  that  be  receiYed  any  packet 
from  Kelly,  or  that  he  knew  him :  This  is  a 
certificate,  and  proved  by  a  person  who  believes 
it  to  be  so.  Your  lordships  will  please  to  ob- 
serve what  this  paper  is,  and  that  it  is  brought 
here  by  a  person  that  knows  nothing  of  its  be- 
ing sworn,  but  says,  he  is  used  to  transactions 
of  this  kind,  and  he  believes  it  to  be  a  certifi- 
cate from  Boulogne. 

My  lords,  we  shall  produce  a  gentleman, 
who  was  at  Boulogne  at  the  time  that  the 
printed  Report  ai\d  Appendix  of  the  House  of 
Commons  came  there,  and  he  was  at  Mr. 
Gonloti'si  house  when  they  were  discoursing 
alKiut  this  matter ;  and  what  they  then  said, 
we  humbly  submit  will  be  beliered ;  for  what 
they  then  said  was  spoken  as  of  an  indifllerent 
thing,  and  they  did  not  then  see  it  could  be  of 
any  consequence  to  disguise  the  truth.  Mr. 
William  Gordon  the  father  said,  that  he  was 
.  at  Paris  when  this  packet  is  supposed  to  have 
come:  But  Mr.  Alexander  Gordon  the  son 
owned  that  he  was  at  home,  and  that  this  packet 
•came  to  him ;  but,  i^aid  he,  what  was  in  it  I 
know  not,  hut  1  delivered  it  as  is  mentioned  in 
the  Appendix. 

My  lords,  there  is  another  piece  of  evidence 
tlie}'  have  given  with  relation  to  James  Talbot, 
to  whom  the  packet  was  delivered  at  Boulogne. 
Here  is  a  witness  producetl  to  pruve  that  he 
was  in  town  the  Si9th  of  April,  1728,  and  he 
^could  not  ha  mistakeu,  because  he  bad  paid 
-him  money,  and  he  liad  entered  it  in  his  book. 
(The  evidence  goes  DO  fiurlher  than  to  prove,  thai 


one  James  Talbot,  that  was  a  tallUaok  MM,  WIS 
then  in  town ;  but  it  doth  not  appear  that  this 
was  the  person  mentioned  to  hava  takea  this 

gaoket  at  Boulogne,  and  carried  it  to  Paris: 
o  that  their  proof,  as  to  this  mattar,  ii  iasoffi- 
cient. 

But  we  shall  shew  your  lordrfuaa,  fiani 
an  account  we  have  here  from  Mr.  Ciawfbrdy 
his  majesty's  resident  at  Paris,  that  this  Jans 
Talbot  came  to  Paris  that  very  day,  aa  ha  ii 
mentioned  to  have  brought  thooe  iaHen  Is 
Paris,  and  was  actually  there  at  that  tima :  mi 
that  we  humbly  apprehend  will  be  a  ftdl  «- 
swer  to  them,  ana  take  away  any  gramid 
supposition,  that  the  evidence  they  uva  giM 
eooceraing  James  Talbot,  can  be  appMMli 
that  James  Talbot  who  received  the  padM 
Boulogne. 

As  to  the  evidence  relating  to  Mr.  KsM 
being  in  town  the  SOth  of  April,  we  liiMll|f 
apprehend,  from  what  bath  been  aaid,  it  b«t 
material  whether  he  was  there  or  not ;  to 
they  have  not  proTcd  it ;  for  Mrs.  Kilbaarn 
aacf  her  maid,  the  two  witnesses  prodnesihy 
them  for  this  purpose,  say,  that  he  CMieto 
Mrs.  Kilboume's  house  the  latter  ead  of  April, 
they  believe  the  30th,  but  they 
sitiveas  to  the  day.  If  he  had  I 
Kilboume's  the  20th  of  April,  it  is  no  i 
at  all  to  our  evidence,  and  the  strong 
I  stances  there  are  to  induce  a  belief,  that  lit 
the  letters  might  be  dated  at  anotfatr  liai 
than  really  they  were  written. 

My  lords,  another  evidence  is  Mr.  Fopi^  • 
gentleman  of  learning,  with  whom  ray  M 
bishop  of  Rochester  used  to  convene ;  and  ht 

S'ves  you  an  account  that  he  knew  nothimf  rf 
is  conspiracy ;  that  the  Bishop  never  ommI 
his  moutnto  him  about  it,  nor  acquaioled  Ua 
with  it;  that  he  was  frequently  with  ISm, 
and  their  discourse  was  only  about  matttntf 
hterature. 

Mo  doubt  my  Lord  Bishop  hath  tawnad 
with  persons  on  different  subjects,  to  wfaon  ht 
would  communicate  nothing  of  an  aAdr  if 
this  nature. 

My  lords,  upon  the  whole  matter  we  ai^ 
submit  it  to  your  lordshi[is,  whether  we  hut 
not  made  out  the  charge  against  By  Itri 
bishop  of  Rochester  to  your  lordships^  sail- 
faction  ;  if  not  by  legal  eridence  yet  by  tri- 
dence  that  will  satisfy  and  convince  any  | — ^ 
that  will  consider  it. 

My  lords,  a  great  deal  of  regard  is  desii 
the  character  and  function  of  the  reva 
prelate  at  the  bar:  but  if  my  lord  bishop  af 'St*  ^ 
Chester  hath  departed  from  his  characwriti  ] 
function,  and  hath  gone  and  engaged  is  * 
traitorous  conspiracy,  and  been  guilty  of  trit* 
^son  towards  his  king,  and  pepury  UiwatdsNi 
God,  we  humbly  apprehend,  if  tliis  be  profit 
that  his  character  and  function  are  so  lar  fti* 
i  being  a  miiiffation,  that  they  are  a  great  il^ 
'  gravation  of  bis  crime. 

We  shall  submit  it  to  your  lordthips,  l»  jf 
what  your  lordshipa  thuiik  if  -  -^ 
justice  and  eipiity. 


\ 


^^Jhr  a  Treasonable  Canxptraet/. 


m  akm  cotmsel  for  the  Bill  examloed  fsr- 


vr  wfiicb  the  Bisliop^i  GOotis«l  wer#  liearii 
nter  to  tlvat  *?vi4tenc^,  mnd  utHo  eivannined 
Mr€^  And  the  Bishop  hiincdrwAS  haird 
tbe  new  rualter  lhi»  day  otleref). 

ttt  Mf*  Wearg  was  beard  iu  reply  as  fa)- 

r  lorda  ;-^Ii  most  h«  admitted,  that  the 
tnt)  pfehii«  at  the  hnr^  has  made  hi9  de- 
wiib  the  utmost  toree  and  beauty  of  e\t>- 

'  cafiabte  of  answeniig^  it  in  the  like 
P.r^v    ^  '   own  1  am  noi^  yet  1  should 
I  liberty  to  do  it,  uuder  the 
res, 

1 1  my  be  excuaable,  in  a  pc^r- 
^iice,  to  mitke  fise  of  ihat 
Fnl  instrumait  of  error  and  deeeilr  which 
lipcK(i*B  upoD  the  reasoDi  and  mtsgtiidea 
Bietit  in  prf>|iortioti  ns  it  aflects  the 
^  yet  I  caonot  think  the  tame  me- 
itnahle  in  a  ^raoo  employed  lo  carry 
9  pro«eciition. 
nil  th4»rcfftre  examine  the  force  of  what 
Mm  olfered  oti  behalf  of  the  rererend 
te,  ttripped  of  the  ornftnMfits  and  colours 
liftoric. 

balf,  ia  the  first  place,  eotisider  that  cti- 
m  of  banlihipe,  which  his  lordship  has 
laincd  of, 

Thi»  ^rst  complaint  was  that  of  seyerilies 
l^igniltcK  oflTered  him  JurtDg  bis  confine- 
:  but  the  Rtibj«ct  of  this  complairji  not 
^  from  any  of  the  proceedings  before  yt*ar 
htf^  I  can  gite  it  no  other  answer,  \haii 
Jfiog^,  thai  I  am  very  credibly  informed  it 
•ai|illlil  without  foundation. 
IndiR^  ^!i1r«cfs  of  lelters  was  the  next 
yp  •  t  d  of  by  hi*  lordship,  and  re- 

oitfti  t.»y  were   rend   as  evidence 

ist    iiMU  ;    Allien  it  was  declared  by  the 
m4  fnr  (he  Bill,  that  tliey  were  only  read 
iIm  ginieral  part  of  the*  Bill,  and  did  not 
his  lordMhip. 

The  third  hardship  was«  excusini^  the 
^bi!f«r«  from  aoiwennsr  such  questions 
Mi*ti  l»v  liU  lord  ship,  as  tended  to  a  diaco- 
ii,  in  other  words,  re- 
^  '  f  h  most  prejudice  ano- 

|Me(»«i,  and  coidd  be  of  no  service  to  his 
Bt  i'nr  the  Iruih  of  vibnt  they  testifted^ 
iM  u|M»n  I  he  skill  and  integrity  of  the 
fhett^r*^  snd  noi  upon  the  method  of  com- 
I  lliat  ikdl,  winch  they  Cfiuld  not  ilit<rfft9c 
puhlLc  a  manner^  without  doint;  a  mani- 
ffVpiNlior  I  -fves,  which  no  witncaa 

Hpi  I 


nemi  unnisiiTp  ieof  the  like  nature, 
le  clerks  of  the  poct- 
the  method  and  author iiy 


nHoe 


tfwIliiplSie 

klM4,  m  to 

tliey  opened  tatlera,  by  which  theV 
|t  iMve  bmi  subjected  to  the  »«^tere  |»etu>f- 
if  lUe  tfaiMte  9  Annie,   if  thef  hail 


•y 


tlieniMbmfs  iJTPscnbed  hy  that 
Ns  kirdship't  mnooence  could 


not  possibly  hare  br-eu  manifested  by  it ;  for 
are  the  letters  less  criminal,  if  the  pernon  who 
sioppeil  them   did  not  punctimlly  niirsiie  the 

dircrtiottt.  nf  ill  ii  ciMiiitP'^    Ti   \t  itiilil  Uf»  thonif lit 

a  r,  if,  in- 

g^     i    1   J        ^  trial,  ho 

sliouW  object  thut  he  was  taken  witliout  a 
proper  warrant;  whrelii  if  true,  don't  make 
him  thele«s  criminal, 

5.  The  6nh  hardship  was  refasing  to  let 
Mr,  Lewis  declare  any  thtng*  that  came  t*>  hlb 
knowledtfe  by  his  being"  employed  in  the  secre- 
taries office  some  years  ago.  This  hardship 
could  be  added  only  to  fill  up  the  catalogue  m  I 
complaints,  since,  nolwiihsiaoding:  your  lord- 
ships'order,  Mr,  Lewis  did  declare  what  he 
was  called  for,  though  he  afterwards  owned, 
that  he  came  to  the  knowledge  of  it  by  being 
employed  in  that  office. 

6,  The  sixth  hardship  was  id  reading  aa 
examination  not  dated,  signed,  or  sworn .  But 
I  apprehend  the  counael  for  the  Bill  have 
more  reaaon  to  complaio  of  hardships  of  this 
sort,  in  reading  papers  on  behalf  of  his  lord^ 
ship  as  examinations  signed  and  sworn,  with- 
out erer  proving  that  they  were  signed  or 
Bworn  to,  or  that  any  such  persons  were  ever 
examined  ;  whereas  the  ejtamination  hinted  at 
tn  the  Bishop- s  complaint,  was  read  as  an  exa- 
mitiation,  or  rather  conlession  of  a  person  since 
dead,  not  signed  nor  sworn  to,  and  fairly  left 
to  your  lordships,  to  have  such  weight  as  the 
nature  of  the  evidence  deserved, 

7.  The  next  hardship,  viz.  that  of  reading 
letters  wrote  by  another  person,  without  proof 
that  they  were'wrote  with  the  prelate's  nnvity, 
is  heggiDg  the  question  upon  the  whole  pro- 
ceeding*  For  whether  there  was  proof  of  their 
being  wrote  with  bis  pritiiy  or  Dot,  is  the  sub* 
jeot  of  the  present  enquiry. 

8,  9,  The  two  last  hardships  complained  of, 
seeiD  to  be  calculated  for  persuus  without  d(»ors, 
who  are  strangers  to  what  paiised  at  your 
lordships'  bar,  that  he  was  denied  a  copy  of 
the  lelters  io  cypher,  until  the  trial  was  »o  fsr 
aitvanced  that  ho  could  not  make  the  pro()cr 
use  of  those  copieit.  Will  nny  one  who  rcade 
this  complaint  in  his  lordship's  «^eecli  ima* 
gine,  that  afler  he  had  a  cooy  of  those  letten, 
he  had  twice  as  mtich  liu^4Jf>r  his  decyphereri 
to  perni>e  them  as  he  i/imw^lf  desired  r 

Or  will  a  tier^ou  who  shall  read   the  next 
complaint  in  his  lordshii***  speech,  that  he  wad 
refnsed  to  read  any  of  the  paj»ers  contained  in 
ilic  trunk  that  had  aot  l>een  read  by  the  cmm- 
sel   f»r  the   Bill,  evt^  he  persuaded   that  hie.J 
lordship  read  the  three  first  examination*  off 
Neynoe,  that  had  ntii  been  read  Uy  ihe  connsetg  J 
the  papers  ukeu  in  Neynoe's  niicket,  theccr-l 
tiAcate  of  the  surfifecm  roturfwl  hy  Mr.  Craw-J 
ford,  neither  at   w  hich   had  breti  read  by  th 
eounael  for  the  Bill ;  that  hts  Kirttslnp  was  i 
pre««t  V  tfiW,  he  was  at  lib*  r tv  to  read  any  pap^ 
m  th«^' trunk  he  should  think  oe*:ewary  to  bkr" 
defence ;   and  was  only  refusal  readiog  im^ 
paper,  bec4iuee  be  owned  it  was  frirnooih_^ 
purpose  but  to  rmite  an  objectioD  to  a  tuatter 


Ml] 


f>  CEOKGE  1,  Proceedings  againtt  Bishop  AHerbury^  [QSI 


wtiicb  hi4  not  beeu  insisted  oo  by  the  cannsd 
foi  lh«  Bill,  thai  he  in iglil  answer  ibe  objectioti 
which  he  III  msc If  should  raise. 

These  thinjjs    will  neera  increilible   to  one 

who  sliuU  read  this  caulo^ue  of  cornjilaiDts  in 

bis  lor<J«liip*s  speech  ;  and  yet  ibese  are  some 

y^f  those  complaiijii,  which,  with  the  assi<t- 

S nee  of  a  urarin  and  inasierly  i^tyle,  drew  lean 
•oro  some  of  your  lordships*  eyes  ; 
But  when  stripjied  of  that  false  beauty,  and 
[a mined  by  I  he  sure  and  nnerrio^  rules  of 
Ijr^ason,  ajipear  to  he  without  ftiundatinn  ;  and 
||o  have  beco  made  without  that  strict  retjard  V* 
wutbf  which^  1  presume  b}' gume  part  uf  his 
I  lordship^s  speech,  he  would  bo  thought  always 
J.|o  have. 

From  thpse  complaint!)  bis  lordship  proceeds 
F|o  KUpiHiri  stKiie  of  ibe  objections  taken  by  his 
|^oun>)el  to  the  Bill, 

Atid  one  of  the  first  ohjeclinn*  is  of  the 
lffan>r  nitiure  wiib  some  id  I  lie  hai^Uhitis  that 
LlfcH*e  been  cotnpbmed  of;  thai  in, it  mi^ht  bean 
[phjeciion,  did  it  not  want  the  iouiidatiou  of  Iriilh. 
llie  ohji^ciion  1  mean  is»  that  it  is  a  Bill 
pott  Jncto :  your  lordships  have  heard  a 
deal  said  upon  the  hardships  of  Bills 

Ve  ha^t^  iieen  called  upon  to  shew  aprainsl 

I  hat  law  be  has  otFinded  ;  it  hi\%  been  said,  if 

[lie  has  n*tt  offt-nded  nj^rainst  any  law,  will   you 

nake  a  law  in  hjs  rahc,  which  will  not  be  a 

p Jaw  in  the  case  of  any  other  man  ?  This  is  a 

[  iturprizin^f  oljection. 

Tlid  norron  1  ufwnys  had  of  a  law  ex  post 
acto  w*iKt  whereu  (act  was  made  criminal  bv 
law,  wliicU  was  not  so  ai  the  time  that  fact 
firas  committed. 

Hut  is  that  the  present  case  ?    Was  it  no 
^|>lleuce,  before  t1u:4  HiU  was  broutjht  in,  to  cor- 
I  respond  with  I  lie  Pretender  and  his  a^nts,  in 
prder  to  subvert  our  conslitntion  f 

Arc  we  to  be  called  upon  to  ahenr  ag^ainst 
fir  bat  law  (his  is  an  ufTtnce  ? 

Or  to  have  a  complaint  made,  that  in  punish > 

ig  a  man  for  such  an  offence,  you  are  making" 

^m  law  iu  his  case,  that  will  not  be  a  law  in  the 

lae  of  any  other  penjon? 

1  hope  it  will  be  a  law  in  the  case  ofeTery 

^pon  that  eqoairy  deserves  it. 

Bui  his  lordsliip  is  sensible  of  this  ansner, 
j  snd  ihereforc  gives  it  a  very  artfol  turn,  by 
I  mipUing  it,  not  to  the  fact,  but  to  the  evidence. 
I  IS  lordship  seems  to  argue,  that  accumulative 
L.iEvidence  is  as  unreasonable  as  accumulative 
j  treason  ;  and  objecU  that  proofs  which  com^ 
Imuoicate  li|;ht  and  5treo|fth  to  each  other, 
khave  only  the  formality,  without  the  force  of 
LCfidence. 

This  obfecttoo  is  destructive  of  all  proof  that 
[  js  not  mathematical ;  for  all  other  proof  must 
[  aevessarily  be  what  he  calls  flccumnlalive. 

That  is,  It  consists  of  a  varitty  of  facts  and 
[^rcumstances  laid  together,  sufficient  to  in- 
juce  a  belief  which  any  of  them  singly  would 
bot  do.  This  is  the  very  principle  U|»on  which 
lh«»  tri«l  of  every  matter  of  fact,  not  capable 
«f  «  dem9itttr%ti(Hi,  does  uid  nuut  proceed. 


Your  lordshii*s,  in  the  next  plaer,  1iif«bcnd 
a  strmg^  of  oKjef'tion^  that  have  been  rtpcatsd 
against  each  of  the  Bills, 

That  a  subject  of  Eni^land  ought  to  be  tried 
according^  to  the  laws  ot  England  and  Magwi 
Charta  : 

To  be  oonvictetl  by  legal  evidence  : 

And  that  distinction  ^tweeo  leg^  and  pii^ 
liamentary  evidence  is  absurd*  " 

All  these  posiliona  I  agree  to; 

But  at  tlie  same  time  I  roust  affirm,  i 
is  a  trial  agreeable  to  the  laws  of  Eut^land  i 
^lagna  Charia  5  and  that  a   proceeding  <  " 
nature  is  as  necessary  »  part  of  oar 
tion,  as   the  esUblishment    of  the 
courts  in  Westminstei  -hnlt. 

The  ditterence  between  parliamentary 
lethal  evidence,  taken  in  the  generiii 
the  word,  lejjal,  is  improper. 

Ami  1  HtBrm  the  evidence,  which  I 
offercil  in  support  of  this  Bill,  ia  legal 
dence. 

What  is  legal  evidencei  depends  upon 
nature  of  the  enquiry,  and  tlie  judicatnre  I 
fore  which  the  enqiury  is  made. 

Depositions  in  wiiiing  are  not  legal  \ 
in  a  court  of  law,  but  they  are  legal 
in  a  court  id  equity. 

Upon  an  indictment  for  felony,  or  f 
misdemeanor,  one  single  positive  wiiif 
circumstances  only  without  any  posittye  mA 
ness  to  the  fact,  is' legal  evidence. 

But  upon  an  indictment  lor  treason,  tbek* 
requiring  two  witnestses  in  the  c-ourta  hekiw^ 
one  witness,  or  circunistances,    ta    not 
evidence. 

In  parliamentary  enqntrie^,  which   are  i 
cepleil  out  of  that  act  and  not  restrained  1 
any  other,  every  thing  is  legal  evidence  m\ud 
iDay  prO|ierly  tetid  to  a  discovery  of  the  tnUl 

I  cannot  think  myself  at  Uberty  at  thist  ^ 
of  day,  to  mention  what  fell  from  the  olb 
side,  against  the  power  of  the  parliameot  i 
general,  and  the  rather,  because  thene^i' 
jectioo  which  they  relied  upon  was  inlj 
with  an  admission  of  that  power. 

But  they  say  it  ought  never  to  be  < 
but  in  cases  of  necessity  ;  and  in  stance  pafiff* 
cularly  in  the  Bill  agamst  the  South-Sei^' 
rectors,   as  a  case  M'  that  nature,    la  t*" 
any  comparison  between  the  oflTeuoa  of  I 
men,  and  of  one  who  has  endeavoured  lo  sol* 
vert  our  whole  constitution,  to  destroy  our  1 
tigion,  our  liberty,  and  every  thing  that  is  ^ 
luable  ? 

When  we  reflect  that  these  endeavours  baK 
been   constantly  carrying  on  ever  since      ^^ 
happy  Gfitablisbmait  of  the  Protestant  Sai*' 
cession ; 

That  the  many  discoveries  of  their  plota,  ^ 
maoy  ejEamples  of  public  justice,  have  badii 
other  effect,  than  to  make  them  more  1 
and  cunning  how  to  avoid  the  cotnraoa 
of  the  law : 

These  reflections  shew  the  necesaity  of  lodl 
a  proceeding,  to  convince  the  world,  aoeofditf 
to  your  lordahipa^  Report,  that  as  artiflce  vA 


end  <tiher$,for  a  Treatonable  Comptrac^.  A.  D.  1723. 


[631 


i)ii|lfuiie  don^c  lessen  Ibe  ifanger  tn  |]ie  ptibtic, 
n^rmitii^te  tlie  i^iiili  ^f  the  r^HTi^ntter,  ^o  ne'u 
tber  ought  ibt^y  lo  |irotect  UUn  from  punisb- 
wot 
The  nt%i  objection  wa^i  addre&seil  chiefly  to 
"E  part  of  your  birdsliips,  who' were-  told  that 
ciril  poorer  upon  earth  could  deprive  a 
9p  ol*  the  exercise  of  tiis  holy  function,  but 
t  fiiust  be  done  by  unntUer  judictiture  ;  aod 
(lore  it  was  obnerved  by  one  of  the  court* 
f  tbsii  wherever  tsiiiie  is  joiued  to  the  com- 
Uw  cuurts,  whether  bishnp  or  n0|  the 
where  such  is«ue  in  ttepptidin^f  must 
I  lo  the  luetropoUtau  to  try  it,  accordin;; 
*pw  of  the  Church. 

r  tm  act  of  piirUanieoi  can  deprive  a 
^-sO  «a  to  make  the  acts  done  by  him 
MnvHhd  Jb  a  conlroversy  n<it  proper 
lime ;  but  it  will  be  admitted  on  all 
■,  that  an  act  of  parliament  may  restrain 
rbivhop  from  the  exercise  of  hi^  fuuction 
llfaiti  any  part  of  this  kifig-dnrnt  so  aslo  make 
>  exercise  of  it  criminal  in  hiui,  or  in  any 
him.  And  i  believe  if  this  Bill 
into  a  law,  and  iherc  &hou1d  be  a 
Oiif  wlielher  his  lordship  wfis  afterwards 
►  of  Rochester?  The  courts  of  law,  upon 
ducihg*  I  he' act  ol  purliament,  would  hardly 
bi^ii  necessary  to  trouble  the  metropolitan. 
*"  'ortl«hip  lias  beeo  pleased  lo  lay,  that 
be  fif6i  instance  where  a  meaiber  of 
use  has  been  judgeil  in  another. 
I  wooder  that  hh  lordiihipf  who  is  so  fj^resti 
9,  oiiAter  of  our  English  couKljiuiion,  should 
hiftj  forirot  the  case  of  one  of  hia  predecessors 
in  the  see  of  Rochtbter,*  rri  Ibe  rei^  of 
Henry  8,  against  whom  a  Bill  was  broy£rht  in 
•^  II  ouM*  of  Commons,  iriHictiofif  severe  pains 
iONt  peuaUies,  which  passed  iu  that  Huuse, 
Inl  aflerwards  received  the  approbation  of 
"IIhi,  aocl  the  roval  assent. 

Tbey  have  closed  their  objections  to  the  Bill, 
itith  a  tciry  pathetic  admonition  against  the 
^OBtefiUPnces  of  it. 

Tl»cy  SRy  the  wisest  man  cannot  foresee,  nor 
ftlie  most  innocent  man  declare  himaelf  safe 
Horn,  the  consequences  of  thtfiBilL 

That  a  v*i>e  man  should  not  be  able  to  fore- 
see what  wilt   happen   hereafter  is  not  very 

But  he  must  be  a  very  wise  roan  indeed,  in 
^y  poor  opiniou^  who  can  tbresee  any  dan^^er 
t^  iaooceuce  from  the  proceedings  upon  this 
Bill.  Vour  lordships  have  attendt^  with  the 
Utraott  patience,  for  seven  days  together,  to  the 
tt^eh  lor  and  ai^ainslthis  Bill ;  and  hafe given 
tht  persnn  acriised  all  the  opportunities,  af- 
fiviled  him  all  the  assistance  possible  to  make 
^1  his  innocence. 

And  %vhoever  shall  ose  this  precedent  as  a 
Itandle  for  oppression  and  injustice,  would  crr'^ 
Itinly  be  guilty  td  the  same  oppression  and  in- 
Jn*tic€  without  this  precedent. 

The  pert  part  of  their  defence  consisted  in 
UbacrvatioiLs  upon  the  evidence  for  the  Bill. 


They  raise  {p-eat  triumph  from  Neynoe's  exa- 
mination, which  they  \*oolrl  repr»fsenl  as  ihe 
foundation  of  the  whole  charffe,  or  offered  aa 
such  by  the  counsel  fur  the  Bill. 

But*  if  it  waM,  they  have  been  so  far  from 
wea ken ioi;,  that  they*  have  added  stretigth  to 
that  foundation. 

As  to  the  iuconsii^tencies  in  tt<  they  ar«  nal 
Neyuoe-**  hiit  Kelly's,  As  to  the  tale  they 
have  t*ild,  Uiat  at  the  very  time  when  he  was 
deluding  a  great  man  with  confess  ions,  either 
to  get  money  out  of  him,  or  lo  Hod  an  ofi- 
portunity  of  makiug  his  escape,  be  «hnuld  de- 
clare to 'Skeene  and  to  Steward  that  what  be 
had  contes6e«l  was  false  i  1  say,  as  this  is  im- 
probable in  itself,  so  il  appears  by  our  evidence 
to  be  a  mere  faction  of  their  own,  witliout  any 
possibility  of  being  true. 

It  appears  to  be  an  attempt,  by  a  parcel  of 
desperate  people  eogagtHl  iu  the  same  interest, 
to  weaken  Nf^ynoe's  evideuee,  whom  tbey  look- 
ed upon  as  a  betrayer  of  their  cause  and  party. 

From  ti»e  evidence  of  Neynoe  they  proceed 
to  the  other  evidence. 

And  here  they  teil  your  loirdships  that  we 
havesnpportffd  the  Bill  by  innuendoes,  arbitrary 
and  invidious  interpretations  ;  that  when  a  wo* 
man  is  named,  it  means  a  man  ;  that  two  dif- 
ferent names  t^igmfv  the  same  person  ^  thai 
books  of  arconnt,  and  mercantile  terms,  by  a 
new  kind  of  metaphor,  are  taken  in  an  ill  sense  ? 
and  all  thti«  assisted  with  the  whimsies  and  con- 
jectures of  decy  pherers. 

These  are  pretty  souDding  expressions ;  but^ 
when  considered,  ai-e  nothing  but  sound. 

Is  it  an  arbitrary  interpretation,  whr-n  a  letter 
says,  "  I  saw  Mrs.  lllmgton,  he  is  in  great  tri- 
hulaiion  for  poor  tlarelequin,  but  bis  oblign- 
tions  are  the  same,  which  he  desires  may  be 
made  knewn  ;'^  tu  apply  this  to  a  man  ?  W  hen 
two  letters  are  wrote  by  the  same  person,  hnij^ 
signed  by  diflerent  natoes^  to  apply  those  twa 
names  to  thai  person  ? 

When  letters  give  a  caution  not  to  write  any! 
more,  till  new  books  of  account  can  be  settled 
and  sent  over  by  safe  hands ; 

Because  those  who  have  got  part  may  by 
the  same  means  have  got  the  whole: 

To  express  a  doubt  whether  tbey  have  been' 
i>etrayed  by  false  friends,  »r  an  opco  enemy  ; 

To  talk  of  having  wiue,  but  wanting  barrels: 
of  the  absence  of  &  king  and  court,  as  af- 
fording a  proper  opportunity  of  sending  oveH 
and  selling  ihetr  wine: 

A  man  must  have  laid  aside  his  reaaon,  thai 
can  think  this  the  language  of  persons  realtyaj 
deaUng  in  a  mercantile  way  :  It  is  the  plain  anifc  j 
common  cant  of  a  treasonable  correspondeiice«e 

They  next  object  to  the  un reason iibleoess  of 
applying  the  circumstances  which  relate 
Jones  and  lllington  to  the  bit»hop  of  Rochester*  ] 

Was  nobody  else  besides  the  Bishop  out  of] 
town  p   Was   he  the  only  man  that  had   tha 
gout,  or  who  lost  his  Indy  al  that  time  i^ 

Were  these  questions  to  be  asked  stngly||<_ 
tbey  mi^bt  be  answered,  that  there  were  oilier" - 
perMOA  in  the  like  circumstances. 


6S5]  9  GEORGE  I.  Froeeedingi  against  Buhcp  Atteriwyf 


But  then  the  aniwen  woukl  be  nothnig  to 
Jtke  purpose. 

The  ool J  tfueetioii  applicable  to  the  prawnt 
ease  would  be,  la  tb«re  do  other  permm  who 
was  in  town  on  the  7th  of  May,  out  of  town  on 
jtbe  lOth  and  14th,  in  town  on  the  15th ;  whose 
wife  died  the  wee|^  before  the  30th  ci  April, 
he  himself  then  ill  of  the  sont ;  to  whom  a 
dog  was  sent  from  France  ot  the  name  of  Har- 
lequin, that  broke  its  leg,  and  was  broaght  to 
Hra.  Barneti  bj  Mr.  Kelly,  io  order  to  be 
cured? 

These  are  the  dreomataiiees  of  Jonaa  and 
lUington,  and  they  are  every  one  proved  true 
of  the  bishop  of  'Rochester ;  and  I  believe 
your  lordsbips  can  hardly  think  they  are  so  of 
anyother  person. 

They  said  they  should  fiilsify  several  of  these 
Acts  ;  but  tbey  have  only  said  it. 

In  the  papers  they  have  produced  from  the 
surgeon  concerning  the  d<^,  he  contradicts 
himself. 

In  the  first  he  says,  he  ^ve  Mr.  Kelly 
a  dog  for  his  own  use,  to  dispose  of  aa  be 


In  the  seeond  ha  says,  he  gave  it  fbr  Mrs. 
Barnes. 

^  But  Mra.  Barnes  tells  you,  that  the  dog  de- 
signed fbr  the  Bishop  was  in  hercostody,  when 
the  other  gi^eo  by  the  snrgaon  was  expected 
over. 

Their  attempt  to  disprove  the  circmBstanecs 
of  being  in  town,  haa  met  with  as  little  snoeess. 

In  a  letter  of  the  7tb  of  May,  it  is  said  Mr. 
Ulington  is  come  to  town  for  a  day  only. 

We  shewed  that  the  Biahop  was  in^town  upon 
t^t  day;  they  answer  us  by  saying,  he  staid 
in  town  two  days  after. 

Does  this  disprove  his  being  in  town  noon 
the  seventh  ?  or  does  it  weaken  the  proof  of 
his  betoi(  then  in  town,  because  he  altered  his 
mind,  and  ktaid  two  (bys  k>oger  than  perhaps 
he  at  first  intended? 

This  is  the  only  attempt  they  made  to  dis- 

5 rove  any  of  the  circumstances  relating  to  Mr. 
ones  and  lllington.  Aato  the  other  instances 
which  they  pretend  to  disprove,  they  relate  to 
Weston  and  Rig,  and  were  not  mentioned  bj 
the  cuuniiel  for  the  Bill. 

They  next  olg|ect  to  the  method  of  proving 
the  aiuiilitude  of  bands,  and  obaerve,  tiiat  the 
original  letttir  proved  to  be  M*-.  Kelly's,  and  the 
thrln*  letters  applied  to  the  bishop  of  Rochester, 
are  date<l  at  luur  months  distance ;  and  how  is 
it  piMiWe,  that  the  clerks  uf  the  post  otfice 
sliould  be  able  to  swear  u|K>n  their  memories 
that  tliey  are  of  the  same  hand-  writing  ? 

This  is  nat  a  fair  representation  of  the  evi- 
dence :  Fur  the  clerks  tol«l  vour  hirdshipii  that 
there  was  nut  any  one  |N»st  during  all  that  time, 
which  did  not  bring  some  letter  in  the  same 
hand,  all  which  they  copied,  and  had  bv  that 
means  contracted  a  perfect  idea  of  the  band ; 
ao  that  they  did  not  swear  from  memory,  but 
from  a  knowledge  gaine«l  by  experience,  and 
many  consunt  repemd  obssrvations  upon  the 


There  have  been  some  other  obfodioiv 
that  are  scarce  worth  taking  notice  of. 

It  is  said  Mrs.  lllington  is  in  great  trill 
fur  poor  Harlequin,  which  Kctly  could 
say  of  the  bishop  of  Rochester. 
Surely  there  is  nothing  in  this ; 

It  is  an  expression  that  mi^ht  be  osi 
man  of  the  gravest  character  m  a  letter 
sort,  to  the  author  of  such  a  present. 

Mra.  lllington  is  mentioned  elevei 
after  the  Biahop's  lady  was  dead.  Thii 
instance  where  it  is  said  Mrs.  illingto 
great  tribulation  for  poor  Harieqnin, 
obligation  is  the  samei,  which  he  desin 
be  made  known. 

That  Jones  is  mentioned  in  others 
for  other  persons,  aain  one  for  the  d 
Norfolk,  in  Plonkelt's  for  a  different  pei 

But  doea  it  therefore  folk>w  that  m 
he  cannot  mean  the  bishop  of  Rocbesta 

It  certainly  doea  not. 

And  they  seem  to  be  oonvinceil  that 
shop  ia  too  well  described  in  this  cor 
dence,  under  the  names  of  Jones  and  lU 
to  doubt  whether  he  is  meant  by  them. 

And  therefore  they  endeavomr  to  give 
tlier  torn,  by  saying  this  may  be  a  m 
cootrivaMe  of  some  persons,  who  have 
ed  themselves  of  his  lordship's  motk 
the  drcnmstenoes  of  himself  and  fomi 
to  make  this  the  more  probable,  tbey  s 
Jones  and  lllington  are  the  only  persoi 
tioned  in  this  correspondence  of  Mr.  i 
with  circumstances  of  this  nstnre. 

One  would  not  imagine  the  pen» 
made  this  objection,  had  so  often  he 
letters  read. 

£.  41.  It  is  said.  Here  is  laid  up  v 
old  distemper,  Hobbert  is  pretty  well  re< 

£.  45.  Mr.  Here  is  laid  op,  and  so  i 
son,  with  the  gout. 

£.  49.  Rep.  is  said  to  be  in  the  coui 

£.  59.  Ho.  and  Den.  are  said  to  I 
into  the  country. 

£.  69.  Nie.  W.  is  now  in  town,  be  u 
to  health. 

£.  64.  Trotter  is  said  to  be  out  of  ti 
next  morning. 

£.  69.  Den.  is  said  to  come  to  tow 
and  Ho.  to  be  in  the  country. 

£.  79.  C.  Saunders  is  well,  and  with 
in  the  country. 

Tliese  are  all  instances  where  tbes 
cnmstances  are  mentioned  of  other 
that  are  mentioneil  of  Jonee  and  lllingti 

If  Jonra  and  lllington  are  oftenei 
tionefl,  it  is  because  he  was  the  principi 
in  this  correspondence. 

But  this  malicious  contrivance  must 
ried  on  by  Mr.  Kelly :  for 
-   It  has  been   pro\ed  that  the  lette 
wrote  in  his  hand,  that  the  answers  w 
dressed  according  to  his  directiona ; 

That  lie  received  the  leitera  so  diree* 

I  believe  your  lordships  have  no  a 
that  Mr.  Kelly  bore  an  ill-will  towi 
Bishop: 


^trtffor  a  TreaxonabU  Cotupiratj/.  A.  D.  1?2S. 


tcftj 


lllicrp  has  been  no  proof  of  ttf  nor 
!iotii  ooDtrivance  a^nmii  liim. 
I»  mif  tofilli  this  IS  the  coDtmoa  trite  ex< 
if  tviry  Mltj  odetK^er. 
iff  lommiM  cia  leMDe  read  n  trial,  ivhere 
ifeD^Mlaofi^  coinpbuo  that  it  is  ail  a  ma* 
l«mtrif«iioe  of  bia  enemies. 
Mfti  this  very  thiti^  waroily  inataled  upon 
terms  sgo,  at  another  bar,  and  nith  a^ 
proof,  by  a  person  concerned  in  a  part  of 
map'  iio  has  since  been  aliainled 

|gp  Itttve  gone  still  further,  we  have 
^Bit  Kelly  was  an  acquaintance  of  the 
^V  Rochester's. 

^Pb  indeed  acknowledged «  mthoiit  any 
PJMT  accoQpt  given  for  what  par^toae  his 
up  should  contract  fin  acquaintance  with 
m^  i«Uow  that  has  deserted  his  ordets, 
I  %  iMi>f«<ssed  non 'Juror. 
■r  tordshipii,  I  presume,  from  ihe  belia- 
of  Mr.  KtfUy,  can  bardty  b^  persuaded 
\kt  had  no  ottier  employment  under  the 
\^  Chao  to  fumtfth  hi m  with  bearer  slock- 
'vhtolillie  Bishop  i^wau  to  have  received 
liim  OS  a  preseut. 

I  SIC  have  proved  by  the  stmugest  evi- 
I  llMlflAa  be,  by  a  letter  under  bis  hrd- 
|fi«l«  tod  I  may  venture  to  say  (from  tbe 
in0kom  that  have  been  made  from  tbe  lei - 
tacif)  wuler  his  hand,  that  Johnson,  i.  e. 
U  h  the  peraon  in  whose  hand  tlie  Bishop 
■  liii  «Mfi«ra.  No  account  is  gtvett  of 
Itaer,  by  frbom  it  was  wrote*  Dor  to 
n,  Mr  how  It  came  among  his  lonlship's 
m* 

I  dwl  k  said  in  ansu  er  to  it  ts,  that  it  is 
lii  teab  may  he  counterfeited,  or  there 
ittvvfnl  inrpres^ioDs  of  tbe  same  seals : 
any  proof  of  it  f 
that  tlie  impression  on  the  first 
^JWia  broke  when  seized;  Ih&t  it  wai 
^tel^oi    '  luitteeof  the  House  of 

IDBMbel  ond  letter  wan  tak^-n; 

bmlifa  II  irupo^stble  to  imagine  an  iui- 
too  should  b^:  token  off  the  hrst  to  put 
iIki  aooQitid, 

itiilwiAlp  li  ptea«ed  «o  ank^  is  it  a^ree- 
'  _  with  which  be  is  charged,  to 
a  letter  hv  him  on  jiurpose,  as  it 
Mill  h  is  aifvenafies  with  evidence  T 
k  HJ  lOf^t  oeilfier  ikr  I  hnigiJie  bb  lord* 
kMW  }m  liad  it  hy  bim* 
WIS  foaod  rnqmiigii  Im  pipers,  atid,  no 
i  #f  It,  w«alfllili«eueid«i>tilly ;  an4t  it 
* '  Bla  Uwi  tbe  most  cttii- 
I  Ibete  is  no  dange?  of 


O90lHg1llS« 

_  ia^ptoaad  to  merrt,  that  at 
IfviiM  or  Commons  repretenied  this 
teticr  wrote  to  him;  bottiowitis 
10  be  wrole  bv  him :  it  is  so,  and 
H<titly»  tiMl  lui  lordsbip  may  thank  him- 
y  fk^eMnrntmy  i  and  die  not  diacoeerittg 
NMria««rely  noelgeolioii  to  the  truth  of 

been  toiittuitod, 


that  if  Mr.  Johnson  is  tlnf  per^n  in  whone 
tiand  tbe  Bishop  return.<«  hi«  miMviprm,  yet  how 
does  it  aptx-ar  that  these  pnrtii^ut^ir  letters 
which  lire  applied  to  the  Biarhop,  vvere  wrote  by 
his  directions  t 

J  fit  appears  that  Joh«u»on  Is  the  person  m 
wlioae  baud  he  writes,  and  flmt  tbese  (etters 
are  of  tbe  hand-wriliut^  of  Jnhnson,  sitrnfd  by 
that  name,  which  denoti^^  the  Bisbop'  in  the  | 
Gorrcspondcace«  this  will  be  thou|(ht  a  rea- 
sonable proof  that  they  were  wrote  witli  hie^ 
pririly. 

But  they  said  they  should  prore  it  impossi- 
ble thai  ibese  tUieti  letiers  should  be  wrute  with 
ll*e  privity  of  the  Bishop  ;  fur  I  hey  licur  date 
tbe  20th  of  Aprils  whereas  the  HiKhop  rame  to 
town  the  11th,  wm»t  to  Broml^'y  the  l^h,  aod 
within  two  or  three  dnys  after  wus  la^f ti  so  ill 
With  the  gout,  that  he  had  neither  the  use  of  | 
his  bands  nor  feet,  am)  had  a  servant  a  I  way  i 
attending  him,  who  will  prove  that  no  stianger 
came  near  him  all  that  urn  v. 

If  Ibis  had  been  made  out,  it  would  not  be  a 
proof  that  the  letters  were  not  dictated  by  him  ; 
for  both  Kelly  antl  the  Buthop  were  m  tuwti 
upon  the  iitU  and  Iftb,  and  the  Bishop  was  i 
not  confined  at  Bmniley  upon  ibe   I3th  nod 
I4tb,  when  Mr.  KcUy  was  out  of  town,  and 
probably  at  Bromlpy.     And  though  the  letters 
tear  date  upon  the  50»h  of  April,  yet  il  is  not 
to  he  iiiiagineilj  that  they  were  h  role  upon  tbat 
day  ',    for  it  requires  a  ^-ood  deal  of  time  lo  re- 
duce three  letters  into  cyphers :  and  Ibe  me* 
tbod  generally  u^Wftl,  where  letters  are  to  be  j 
sent  in  cy}»her6,  is  to  write  tbem  in  eommoii'i 
hand  first,  and  tlten  reduce  them  to  cyphers  I 
at^er:  vo  that  it  is  probable  the  fubfttauceofi 
these  letters  was  dictated  many  days  before  [ 
tliey  were  perfected  and  seui. 

But  the  evidence  given  by  the  Bisbop^s  ter* 
vSols  is  not  to  be  regarded* 

The  first  servant,  when  he  had  tworo  wb«l  j 
he  thought  was  material  for  the  Bishop,  being' 1 
presseil  by  a  noble  lord  with  a  question  relattng^J 
t©  tbe  letter  directed  to  Dubois,  refused  to  r*" 
any  answer,  tilt  the  Bishop  pubKdy  gave] 
leave ;    though   he  was  sworn  to  speak ' 
^vbole  truth  ;  which  shews  too  great  an  attach- 
ment to  his  master's  ioteresl  to  deserve  much 
credit. 

He  and  tbe  sfrtjnd  witnosn  di<!  admit,  tbaC] 
the  apothecary V  e  parish •. 

might  be  with  111  lir  know- i 

ledge  ;    and  if  so,  why  not  Mr.  Kelly,  who 
visits  required  more  secrecy  than  eitber  of  tbe 
ethers? 

And  I  mtist  here  ibterfe,  that  what  tbe  v^^ 
verend  prelate  insisled  upon,  to  add  eiedit  tv 
the  evidence  nf  tbcK  witnesMss,  is  tbe  greatest 
objec^Qo  lo  tbeir  leHiaieiiy  imaginable. 

neirtrllyenr  he^IMm^  that  though  tbey 
were  with  tbe  Btlbep  (o  tbe  Tower,  yet  he 
never  ttnoe  wpoke  lo  them  concerning  the  naat 


id. 


ter  ihey  had  given  io  evidence,  t<i' 
seivcsi  lecolleelcil  it  open  reeoiii : 
and  iodtnglbattbe  Bfsbop  wd^        ,\^ 
bdnf^  Ibr  author  of  tbtee  letfef*»  dai«d  i^ 


thetn- 
It; 
Itii 


699J  9  GEORGE  I.  ProeeitSngi  against  Bishop  AUerhury^ 


of  April,  fli«y  iromfdiatdy  reoolleet  that  the 
&isbop  #ai  ill  at  that  time,  and  tbey  ooostantly 
about  bim.  This  aeema  to  be  attoryocarce 
credible. 

That  the  Bishop  himself,  who  was  so  nearly 
concenied,  should  not,  upon  readiog  the  Report, 
recollect  the  circumstaoces  lie  was  under  at  the 
time  wlien  those  letters  bore  date,  if  the  troth 
was  as  they  would 'represent  it,  but  that  the 
servants  should  first  recollect  this,  and  suggest 
.  it  to  their  master. 

Or  if  the  Bishop  did  recollect  it,  it  is  stranee 
he  should  not  mention  it  to  those  servants,  who 
were  present  with  bim  in  the  Tower,  and  the 
only  persons,  who,  as  they  say,  were  capable 
of  clearing  bis  innocence. 

This  had  been  very  natural,  and  proper  under 
his  circumstances:  and  his  not  speaking  to 
them  first,  could  hardly  proceed  from  an  un- 
reasonable scruple,  lest  he  should  be  suspected 
of  laying  a  biaas  upon  them ;  since  his  lord- 
ship has,  aAer  he  knew  they  were  to  be  wit* 
nesses,  given  each  of  them  a  place  under  him 
as  dean  of  Westminster. 

The  rest  of  the  servants  tbat  were  called, 
though  they  contradict  the  first,  by  admitting 
that  two  other  gentlemen  were  at  the  Bishop's 
at  Bromley,  during  the  time  in  question  ;  yet 
they  plainly  shew  a  greater  regard  for  tlieir 
master's  interest,  than  for  truth  :  for  though 
one  of  them  was  but  the  helper  in  the  stable,  and 
another  the  nurse  that  attended  his  lady  in  her 
illness,  yet  they  take  upon  them  to  swear,  that 
the^  verily  believe  no  strauger  could  M  with 
their  master  in  private  but  tbey  should  have 
known  of  it,  and  that  they  never  knew  of  Mr. 
Kelly's  being  there. 

Every  body's  observation  must  sugfgest  to 
them  that  sucli  a  belief  must  be  without  foun- 
.dation. 

The  next  arguments  used  on  behalf  of  the 
reverend  prelate  at  the  bar,  were  raised  from 
his  unambitious,  resigned  temper  of  mind,  and 
from  the  style  of  the  letters  laid  to  his  charge, 
tbat  it  is  not  probable  he  should  use  so  indecent 
an  expression  of  persons  he  was  concerned 
with,  as  to  call  them  pretending,  unsupported 
people. 

What  weight  there  is  in  these  arguments,  I 
roust  submit  to  your  lordships,  who  are  much 
better  acquainted  with  his  tem^ier  and  stile  than 
1  can  pretend  to  be. 

The  last  thing  pressed  by  the  reverend  pre^ 
late,  is  a  solemn  protestation,  1  cannot  say  of 
innocence,  because  it  seems  to  me  to  be  con- 
ceived in  such  terms  as  not  to  contradict  any 
part  of  the  charge  insisted  upon  by  the  counsel 
for  the  Bill : 

It  is  chiefly  calculated  to  answer  some  parti- 
cular circumstances  of  times,  without  any  de- 
nial df  the  general  charge,  or  the  least  declara- 
tion of  affection  or  loyalty  towards  his  present 
maiesty. 

But  if  bis  protestations  amounted  to  a  direot 
and  positive  denial  of  the  cliarge,  they  ou^ht 
not  to  have  any  weight  with  your  lordships, 
^nci  thisba  ddftaoe  equally  in  tha  powtr  of 


the  most  guilty  as  well  as  the  i 
little  proof  is  better  than  many  prot 

And  I  cannot  help  observing  upm 
and  I  hope  his  lordship  won't  impi 
servation  to  ill-nature,  but  a  sense  c 
which  obliges  me  to  make  all  prop 
tions,  that  it  appears  his  lordship 
ways  that  atnct  re«ird  to  troth, 
ought  to  have,  by  £e  papers  take 
servant  at  the  Tower. 

The  nature  of  the  punishment  has 
talked  of  in  the  course  of  these  p 
and  ^pneat  lamentations  made  upon  i 
ly  without  any  reason. 

For  this  argument  supposes  the  | 
of  the  charge,  or  else  it  is  ridiculoi 
to  the  severity  of  the  punishment. 

And  I  mav  venture  to  afiirm, 
miklest  punishment  that  ever  was  i 
such  an  offence. 

His  life  is  not  touched ;  his  liber 
perty  affected  ;  he  is  only  expelled 
whose  government  he  disapproves,  i 
deavoured  to  subvert ;  and  is  depr 
public  employment  which  that  gove 
intrusted  him  with  :  the  enjoyment 
his  private  estate,  and  his  liberty, 
other  government  that  ipay  be  more 
b  allowed  him. 

This  is  scarce  to  be  called  a  p 
being  nothing  more  than  what  was 
necessary  for  the  public  security. 

The  Commons  of  Great  Britain 
their  part  towards  providing  this  seci 
don't  doubt  but  it  will  meet  with  tl 
rence  of  your  lordships. 

Then  the  Bishop  beinf?  asked  i 
had  any  thing  farther  to  offer,  deda 
had  not. 

May  15th.  The  Bill  was  read  a 
And,  afler  long  debate, 

The  question  was  put,  "  Whelhi 
shall  pass  ?"  It  was  resolved  iu  tl 
tive. 

"  Dissentient. 

"  1st  Because  the  objection 
thought  lav  against  the  Bills  of  PI 
Kelly,  *■  "f  hat  the  Commons  were 
effect  let  into  an  equal  share  of  judic 
the  Lords,'  does  hold  stronger,  as 
bend,  against  the  present  Bill ;  sina 
of  it,  a  lord  of  parliament  is  in  pari 
adjudged  to  punishment  in  the  iioui 
mons,  and  reduced  to  a  necessity 
letting  his  accusation  pass  iiDdel'enii 
House,  or  of  appearing  there,  and,  i 
it,  derogating  fn»oi  his  own  honour, 
the  Lords  in  general,  by  answering  s 
bis  defence  in  the  lower  House  of  Pi 

**  Sdly,  Because  we  are  of  opinic 
Commons  would  be  very  iar  from 
the  Lords  any  part  of  those  powers 
leges  which  are  properly  theirs  by  th 
tion,  in  any  form  or  under  any  pretc 
;  and  it  aetms  to  ua  full  i 


1 1 1  and  others f /or  a  Treasonable  Conspiraci/.  A.  D. 


sliould  be  as  teaacious  of  the  riglitf 
'^m  Mrbidi  rrmain  la  them^  e»  ihe 
omiat<tuft  are  on  ilieir  pi^rt. 
*^^aiy,  Wc  think  Ibis  Uill  tigaiost  a  lord  of 
"^  lient,  tttking  its   rise  in  ihc  House  of 
mtJi,  oimltl  1U«  rather  not  to  have  re- 
iijce  Ilk  this  lloufte  ;    fbr 
'  >  us  bv  ihi:  printed  votes 
ff^v         ^    ^  uiamon^i,   ihat  IJou!i«;  hail 
p  t>«till^  t»r  J»H  ihe  iiiatiers  ul- 
.  Uiiu  tu  the  Bill  bct'ore  the  Bill 
bt  into  that  H<iu-»e^  atuj  coQseqiientJy 
r Bishop  hart  any  ojiporiuuity  of  beintr 
and  atiti<ua^b  there  bi;  uotbiDg  absurd 
ting  aiirh  a  vote,  in  order  to  thtlraocui^lag 
'  tlpeaobmeitt ;   yet  it  seems  to  ua  abao- 
leoutrarj  to  justice,  which  ought  to  be 
diced,  to  vote  any  one  ^niUy,  against 
design  to  |)roeeed  in  their  le^sla* 
■pmcityf  or  in  nuture  of  judges,  before 
narty  bos  an  opportunity  to  be  beard ^  or 
pll  t%hich  h  to  ascertain  the  accusation  Li 
Ch  dA  hrouglit  in. 

We  are  of  opinionf  that  no  taw 
^to  be  parsed  on  purpctse  to  etiact,  that 
'  f^ui^'y  ^^  ^^^'t  ^^*^  punished  aasuch* 
•  awch  an  extraordinary  pioeeedii»g  i» 
J  tme^istiry  for  the  preservation  of  tlie 
ivberea^^  the  Vrime  offered  to  be  proved 
1  the  biMhopot  Hochesler  is^a^  we  nppre* 
d^  \m  p:irlakiQ^  in  a  traitorous  conspiracy 
'  mi  the  i^overuineut ;  which  conspiracy^  by 
^  blessing,  is  detected,  and,  as  ive  hi>|M?, 
oirrt^nl,  withuut  the  aid  of  atuch  a  dan- 
ni^  a%  we  conceive  tbi;*  to  be. 
LLUke  tliere  are  ceriain  known 
1  iilis  of  evidence,  "  hich  are  part 
tarnl,  either  introduceit  by  acts 
r  framed  by  reason  and  the  expe- 
iidjuHted  aii  wtdl  for  the  deft-nce 
Mu%;*ty,  and  property  of  the  innoct-nl 
i  the  pMnitihmcnt  of  ihe  {guilty  :   and 
TtiTf  ibf-se  nil^  are,  or  ouj^iil  to  be,  coo- 
^buji  to,  inall  cuurt«<of jiislice;  aud, 

'\  alnmld  be  also  observed,  till 
■lUrrrd  by  iaiv,  in  bmh  Houses  of  Pari  tarn  eat, 
}^\itDi^cr  thry  lry»  jni)i;e,  and  punish  the  sub- 
tbou({h  til  ;  i;iti*e  capacity:   but 

»o  imtny   '  in  ihi^  and  the  two 

I  ,ji  b)  OiU,  ne  have  lieen  taught, 

L'l  Ihe  Boose,  that  these  rulett  of 
lice  nt«  *i  o"l  Ke  ubderteil  by  the  Honsesf 
f  10  their  IcgiJiilive  cnpatity,  we  clearly 
in  be  u  very   iitroiijr   ubjectiMn  to  this 
r  of  proci'tuhn^jT^^  that  rules  of  luw  made 
,.t  .1...  ...I  .„,.t  are  of  no  use  to  huu 

lotion  from  tience  is 

...  ,„„,    .x_.  :  4      .   Lc  it  ought  not  to  be 

up  but  wbcrt*  clearly  nec^'svary,  as  be- 

raSrmtHJ ;    and  we  desire  to  explain  our* 

•o  far*  upon  tiie  casen  cjf  ncce^^ily  ejc- 

ni,  rtfi  In  tiy  we  do  not  intend  to  inclntle  a 

-   purely  frocu  ao  iraposaibility 

ii>  oihur  Wity. 

'6liU),    it  a   h(^   atlniittcd  that  traiiorouti 

ns»|iunit«fn'u  in  cypher*    and   cant  tvordd 


ht  dtscottrpged  (»y  thij  aort  of 


proceeding",  in  which  persona  as  we  think  are 
convicted  on  a  mure  uncertain  evidence  than 
the  known  rules  of  law  admit  of;  yet  we  are 
of  opinion,  that  ooftventencewill  be  much  more 
than  outweig'hed^  by  the  jealousj^  it  ttitist  of 
necessity^  as  we  conceive,  create  in  the  mindf 
of  many  of  his  majesty's  nvtiit  faithful  subjecta^ 
that  their  lives,  liberties,  and  properti^ k,  ate  not 
so  safe,  after  such  repeated  cxamplfs,  as  they 
were  before  ;  and,  by  the  natural  consequence 
of  this  apprehension,  an  al»atement  of  ilieirzeal 
for  the  y;overmncnt  may  ensue,  excepting  tucli 
persons  us  have  had  more  than  ordinary  oppor- 
lu  111  ties  of  bein^if  well  instructed  id  principlea 
of  the  utmost  duty  and  b»yaUy. 

**  Tthly^  We  cannot  he*  fur  the  passing  thi» 
Bill,  because  the  evidence  produced  to  make 
H^tMni  the  rccilal  of  it,  or  that  tlie  lord  bishop  of 
Il*iehcst«r  is  guihy  of  the  matter  he  therein 
stands  accused  uf,  is,  in  our  opinion,  greatly 
defective  and  insufficient,  both  in  law  and  reason* 
to  prove  that  chari(e  ;    the  evidence  consisting 
ftll-»Kelher,  k»  the  best  of  our  obiiervauon,  in 
coiijecturi'S  arisinj^  from  ctrcumstaoct  s  in  tho 
intercepted  letters,  or  oo  a  comparison  oi'  hand- 
writings, resiinif  on  memory  tmly  j    and  ihertt 
lieiog"  as  we  think,  no  proot  of  the  Bishops  hnow- 
ittg  of,  or  bein^'  privy  to,  any  of  the  said  coi  res- 
pondence  :    and  as  to  ihe  principal  )>art  of  the 
charge  aj^^ainst  the  Bishop,  and  on  which,  as  we 
think,  all  the  rest  does  depend,  viz«  the  dictating 
the  letters  of  the  SOlh  of  April,  178 i,  which  the 
Hnuse  of  Lords  seem  to  have  detet mined  that 
KeMy  wrote;  we  are  of  opinion,  that  the  Bishop 
luis,   iu    his   defence,  very    clearly  and   fully 
proved  that  he  did  not,  nor  possibly  could,  dic- 
tate those  letters,    or  the  substance  of  any 
part  of  them,  to  Kelly,  eithrr  on  the  day  of 
I  heir  date,  or  at  any  time  during  veveral  day« 
next  before  or  next  after  the  day  of  their  date, 
nor  was  in  any  capacity  to  w  rite  them  himself, 
though  the  letter*  mu^thave  been  wrote  within 
that  compass  of  time  :    and  we  are,  on  the 
whole,  of  upmion,  that  the  proof  and  probability 
of  the  lurd  bishop  of  Kochetter's  innocence,  ia 
the  matters  be  stood  charged  wiih,  *vere  much 
stronger  than  those  of  his  t^titlt. — Strafford, 
8carsitnle,  Denbigh,  Bruce,  Salisbury, 
Northampton,  Moot  joy,   Poult  tt,  Fmn. 
Cestriens\  Da  rtmonth,  Cardigan,  T-itcb- 
field,     Anglesey,    Craven,     Ayleslurd, 
Foley,  Hay,  Astiburnham,  Trevor,  Os- 
borne,    Bathvirnt,     Cxbiidge,  ^Veslon« 
Cjower,  CotnptoQ,  MuBham,   Arutidell, 
Exeter,  Guildford,   HcrkcUy  of  Stmt* 
too,    Willooghby    Broko,     MtddUtoit* 
Pomfrel,    Cow  per,    Hertford,  Broi»ke, 
8tawell,  Bingiey,  Qjtlbrd  and  Mortiaur.'^ 

«*  I  disacnt  for  the  6th  and  7th  reasons  of 
tbe  aforegoing  protestattoni  aud  for  the  lotlow* 
ing  reasons : 

"  Isf,  Because  this  extraordinary  method 
of  pfoceedmg,  by  Bilfsof  this  nature,  againsi 
personn  who  do  not  withdraw  from  junrice,  but 
are  wiUiiii:  l*>  undergo  a  l*fi*jd  trial,  ought,  in 
my  opinion^  to  be  lup^Kirtcd  by  dev  and  ^wk* 

jaT 


I 


I 


I 


I 


y  GEORGE 

▼incmg  eTidkenee ;  «id,  1  ttpfrebciiJ,  there  hns  I 
lieeo  iKilhifigf  ofier^  to  support  the  altei^linnfi 
set  ftnib  »n  the  ^ireamble  of  the  Bill  io  iutirct 
Aftiiifl  anil  penalties  oo  Francis  lord  bi«hf>p  of 
itoelHstler,  but  vrhtu  dt-pends  on  deciphered 
kltera^  fbreed  coQ^iructionSj  mud  improbable 
Innuend'^es, 

^'  SillV)  I  concetve  that  the  examination  of 
FhUip  Neynoe,  tiiken  before  the  lords  of  the 
coimcil)  not  sworn  lO|  nor  iigaed,  ivhich  an* 
pears  to  me  iti  Imi  the  futitidation  on  which  the 
charge  ai^niiist  ihe  bishop  of  Rochester  is  bitiU^ 
has  been,  io  my  apprehtosiont  sufficiently 
]pftMred  by  the  positive  oaths  of  three  persons, 
two  of  Hiiith  liave  been  for  several  months  in 
•eparale  cuiKodtes,  oonttrmed  bv  other  cjrciim* 
■tanceS)  to  have  b^n  a  faNe  and  malicious  coti^ 
trivftnce  of  the  sjiid  Neynoe,  to  save  himself 
from  the  bantk  of  Jup.tice,  and  to  fvoik  the  de- 
ctructioa  of  the  lushop  of  Roche*tcr, 

**  3dly,  I  do  not  iip|>rehcnd  thai  the  letters 
of  the  QCitli  of  ApH!,  >^hick»  are  mig^eifted  to  be 
wrote  by  Gcorjjc  Kelly  alms  Johnson,  and 
dictated  hy  the  Hishop,  tmvo  been  sutfieirntly 
Droved  to  Ce  the  b:iod  writing  of  the  said  Keily  ; 
lut^  on  the  cootrury,  it  ap|)i»ar8,  to  the  hi^tt  of 
my  judgment,  that  the  letter  of  the  SOifi  of 
August  (stopped  at  the  post-ofitce^  and  from 
wMmi  liie  clerks  of  thf*  post'offioe,  on  Ihrir 
anemoty  only,  b^vejr  Ihey  bdieve  the  said  let- 
ters of  the  ^bih  of  A(Mil  Vo  hv  the  same  hand- 
writinir,  though  they  jtt'ver  compare^l  uro  ori- 
rtoal  letters  together,  durinjf  all  that  time)  has 
Egen  prof  ed  by  three  credible  uiinesses,  con* 
mniug  m  every  circumstance  of  their  testt- 
xnoay,  and  viefl  acquainted  with  the  hand- 
writing of  the  said  Kelly,  not  to  be  his  hand- 
writing'; aud  I  concei¥e,  that  the  ditl^rence 
ttiey  hare  observed  in  the  hand  of  the  said 
Kfluy,  upon  which  they  groand  their  opinions, 
ia  tnteciontly  supported,  by  comparing  the  said 
Itrlter  of  the  20ih  of  Au^ubt  with  the  letters 
wrote  by  the  said  Kelly  to  the  lord  Town&hend 
and  Mr.  I>elafaye,  during  tile  tinae  of  his  coo* 
fincment, 

**  4thly,  I  do  not  apf  rehei^d  that  any  proof 
has  hcen'otrered,  to  support  what  has  been  so 
much  insisted  on,  and  justly  esteemed  essential 
to  the  char^,  that  the  bishop  of  Rochester 
dictated  the  letters  of  the  SOth  of  April.  But 
it  has  nppcai-edt  I  conceive,  that  there  has  been 
no  iotimiicy  between  the  Bishop  and  the  said 
Kpf! y  ?  and  the  testimony  of  the  Bishop's  set* 
^  urriog  with  the  evidence  jjiven  on 

t  »y  the  persons  that  Kelly  lived  in 

the  sincieAt  corre'jpondency  with»  leaves,  to 
Ibe  beat  ol'my  judgment ,  uo  room  Io  doubt  hut 
tbalttieacquittntunoe  between  them  was  slender 
mndjjuhlicr  and  to  suggest  from  thence,  that 
the  Bishop  dictated  the  letters  cd"  the  SOlh  of 
April,  when  it  appeared  that,  for  many  days 
bcftirc,  he  could  nut  jtossihly  see  the  said  Kelfy, 
b,  in  my  opinion,  repugn unt  to  reason,  and 
^etatrary  to  justice.  Wuahto^." 


Ffoccedingi  agaimi  Bkhop  AUerhuryp,  [&t4 

^Geo.  1,  o,  tr.  * 

Ax  Act  to  ntrLicx  PAt?«s  ako  PcitiaTfis 

ON  Francis  Lobd  Bisiior  or  Ro< 

CIIBSTEIU 

*«  Whereas  in  the  years  ITat  and  tril  a 
detestable  and  horrid  conspiracy  was  (mmtl 
and  earrti-tl  on  hy  di\  ers  traitors  for  iovtdin^ 
your  msjesty**  kint^doms  wItJi  fofeijjfii  foTe««^ 
lor  ratfiinijf  an  in^urreetioQ  and  ret>ellion  a|; 
your  mojesty,  for  seizinvr  *^"*  ^  -  t-rer 
of  London,  and  for  lay  I  ha 

your  majesty**  roost  sac...,  ,_.  :ui, 
bia  royal  highnesa  tbe  ]iriiice  of  W«f«Sy 
dcr  to  suhveii  oor  preaaot  happy  estafalji ' 
in  ctmrcU  and  state,  by  pbdnf  a  po|iii 
tender  on  your  ifafooe :  and  ivliereas 
{letter  eonceaVing  and  efteetiii^  tbe 
spiracy,  divers  treasoftable    oorrie«|H 
were,  within  the  Ume  aforettid,  carrieil  oa  \/f 
tetters  writtcti  iu  eyphera,  cant  worthi, 
fictitious  names ;  wh'»ch  eoiwp:  1] 

been  disuppoiDlL-d  by  tbe  fipooil: 
(ti)d,  wotitd  have  deprive  1 
dutiisof  the  eiij<iytnent  ' 
;iod  libettieis  involvad  l4ii-ii«  in  vk 
and  <iiilijectied  y  Ollf  peopit  10  the  hondm  iol 
opttression  of  Romisn  aoperatftioii  attd  arbitfary 
pov«er:  for  uhich  execrable  Iroason  Cbrisls* 
pher  Layer  hatii  been  indict^,  tried,  convieliA 
ond  attainted.  Aud  whereas  Fmucis  lord  biihif 
of  Ui>che&ter^  notwithstanding  the  rnsn 
leuin  assurances  by  biro  given  of  his  lid 
allegiance  to  your  majesty,  hy  taking  tfa 
by  law  appointed  to  be  taken,  instead  of  I 
oaths  of  allegiance  and  supremacy , 
oaths  he  had  Tikewisa  taken  at  sundry  tjeBCJ^ 
during  the  rcspectiva  ret{ros  of  their  lite 
jesties  kinjj  IVUliam  and  tjuf  t     "  imJ  of 

her  late  majesty  queen  Am  ^witb- 

standiojr  he  had  frequently  aij  irtMi  trie  Pit»jj 
leoder.Tiath,  in  dlrcet  violation  of  his  stidt 
peated  oaths  and  obligations,  and  to  the  ] 
scandal  of  religion,  and  his  holy  fuoction,  1 
deeplv  concerned  in  forming,  dtrecttnf^ 
carry mg  on  the  said   wicked  and  detestiMt 
conspiracy^  and  hath  been  a  princip 
therein,  by   traitorously  consulting^  ai 
t^esponding  with  divers  persons  to  rah 
surreetion  and  rebellion  agait>st  your  rotjt 
within  this  kingdom,  and  to  procure  a  f 
force  to  invade  the  same,  in  order  to  ^ 
your  intjestVi.  uod  place  the  Preteiideri 
throne ;  and  by  traitorously  correspondii 
the  said  Pretender,  and  persons  empla 
him,  knowing  them  to  be  so  <'i 
fore   to   manitest  our  just   t 
wicked  and  abominable  a  cotispn-Miy*  -,  - 
2cal  and  lender  rej^^rd  for  the  prestrtation  of 
your  majesty's  person  and  £ro*'"-""^"»-i    i»n4 
of  the  Prote»lLiDl  Succession   • 
royal    fafuily»    Ihe  solid    fou         .      ,  iX-^ 
preuetit  huppiness  and  future   hofiea;  ' 
the  tod  that  no  conspirator  may,  by  aof 
eon triv mice    or    practice    whatsotvcT, 
puntfihmeutt  and  that  all  others  may  by  i 
justice  of  pariiatueut  be  for  ever  hertiteci 


end  ntJicrSffyr  ft  TnnsonalfU  Conspiracy*  A.  D.  17^8» 


I 


tcnsdffo 
wctn  *'T 

tkl  ir  m^^  be  eti;ifk'(J ;    v  n;!  I. 
the  Line's  in(i«»  excclliiit 


[6M 


::  in  ODV  traiiorotia  connpi*  1  pfoved  hy  him,  kDowiii};  nucli  person  or  pt'r«ofV8 
vvf   viMii    iii.iji   u\   iiiii^i  1  lo  he  so  ernploved,  iucT 


e  it  cna civil  by 
',  ami  vviili 
is  ^piritUDl 
r  ^Mitiament  as- 
'  t  it e  same,  T bill 
i«^  -  Ji^ni  tnaho^i  til  Kachester,  frojii 

iM  >l  <jay  of  Juue^  in  ibe  year  of 

W  1  &bull  be  fliid  is  hereby,  lo  all 

•fcj  :ioseai»  iiepri>A'd  of  &)l  an<l  sin- 

eai  ^     j..^..;*:.        . — ;   siioii'*^  «ijd 

»  and  tUat 

'^^  -■^.    :....,„ — .  ,.um  tbeuce- 

V  void,  us  it  he  were  naturally 
t  the  sai.l  Frartcis  lord  bishop  of 
.ir>H   !""!a  '.'!.!  i;i '  torih  for  ever  be 
[aiul  i.-n.|r'i-t,j  nK',i|J4ble  of  and  I'rotn 
^liiaig,  iir  enjoying  any  otiice,  dfg^- 
tjtioo,  bpitc^ce,  or  employment  witb- 
oiber  bis  majesty^s  domi' 
i  from  u%iu^  or  ejcercisio^ 
I  ttiy  online,  uiuciitjo,  uutbority,  or  power  ecde^ 
fkiitical  orspiritnai  ujiatsoever,  and  shall  aod 


pcrpc  tuitl  exile,  and 
realm,  aod  ull  olli' 


•  r  ba- 
sly*« 

oe  OD 
;r  of 


aUd;  .tcr  shall  i 

^..1  .Im,  or  ati3 

tiff  at  any  lioie  after  ibo  BAid 
:*,  ill  the  year  of  our  I^rd  1723, 
nrii!  liit  J  UtitliOji  of  iC^ndicsler, 
IV fully  com ictcd,  shrill  be  ad- 

l  gUiily  «'f  ielotjy^  nod    '  r  aud 

t m  In  ca»f s  of  felony ,  u .  lit  of 

jf  uid  aballbe  lUierly  mopal/lt:  of  any 
I  r^JQ  from  hU  majesty,  his  hea's  or  suc- 

,  ,**  And  b«  it  ftirtber  enacted  by  the  aulhority 


[^'•Illl,   Of 


art! 


if. 


irn  of  the  suid 

.  v.tt  I    into  thifii 

lions, 

or  any  vl  ibem,  iwvn^  thereot  Uh  fully 

%A):\\\  bf  a'ijnd«jod  goilty  of  feUjoy, 

( )4S  in  Gnacsofiolony, 


IoaI  Luj  il  iuULu^i  t^uacted  by  the  authoritv 

lid.  Thai  if  any  of  the  nolyi-tts  of  his 

9>.   1'  *is,  eitcJept  hucli 

(**<*«>■  "^  lUut  p  <rp«iseby 

'rhii 

V441  Ml  unr  JU>rd 


ucli  perjion  so  offend bo', 
ijfrcof  lawfully  convicted,  fiball  be  ad- 
j  guilty  ot  felony,  and  Khnll  Koffer  aiid 

turleit  as  la  cas«9  of  telonyi  without  beoifBl  gf 
clergy. 

**  And  be  it  further  enact^i,  Tliat  if  any  of* 
fence  ag^ainst  this  act  ihull  be  coinmiUed  out  of 
tbiii  realm,  the  same  shall  or  may  be  alleged^ 
(aid,  eoquired  of,  aud  ined  tu  any  couat^ 
nitbiD  Great  Britain/' 

The  Acts  aeraiott  Plunkett,  Kelly,  and  At- 
lerbury,  received  the  royal  ossent  oo  31ay  27th, 
172ti,  CHI  which  day  the  parliament  wa*  pro- 
rogued, 

Oa  T"^^'Tr>%'  *he  I3lb  of  Juuc^  the  deprived 
bishop  <'  <  r,  accompanied  bv  his  soQ- 

m  law  V  .e  and  his  wife,  cmWked  on 

board  the  A iil borough,  one  of  his  majesty*s 
^hina  of  war,  and  on  Friday  the  2  tst,  lauded  at 
Calais. 


,  or  witii  any  |»tT«iui  m  ||i«p^itf  ma-  \  at  il«ory  d 


la  the  debate,  which  look  place  upou  tb« 

question,  llmt  xSw  Rill  luralnst  Alierhnry  should 
%yJ^H^i  Dr.  \\  i  Hibury  (nmi  \ix  the 

course  of  the  ,  luted  to  Wiochea- 

tcr)  made  tite  following  Speech  i 

My  lords  ;  As  I  have  sometimes  troubled 
3'our  lordships  with  what  I  had  losay  in  other 
debates,  1  believe  it  will  be  expected  that  I 
sliould  bay  something  in  a  case  so  extmordi' 
nary  an  this  is;  and  wherein  a  brother  bishop 
is  so  neatly  coucerned.  I  beg  leave  Vi  begiu 
witlt  taking  notice  of  some  things  that  were 
peculiarly  addressed  to  this  bt^uch,  both  by  the 
levercnd  prelate,  and  his  couuticj^  from  the 
bar. 

The  first  is,  that  we  would  consider  bow  a^re«- 
oble  it  may  be  to  Uie  canomi  and  di&cipliue  of 
the  Chord  It  in  thi«  extraordinary  inauuer  to 
deprive  a  bishfip  of  all  bts  preferments;  and  Ui 
^0  hi  bit  him  the  use  and  exercise  of  lus  i'uao* 
lion  for  bis  life. 

A«  to  tills  objection,  whatever  io4(|ei»oe  it 
may  havf  -^k,  .^n.t  amoi^  ignorant  people,  when 
the  sp«  lo  to  be  printed;  yet,  as  la 

yuur  b>i  '^  Lnow  our  cuostitution  so 

iivell,  1  -  lb  at  it  can  have  any 

weight  L  I      .  ill.     And  indeed  when  £ 

cnuMiler  all  the  ucty  of  parliament  relating  19 
the  supremacy,  thai  have  been  made  fur  near 
200 years  ;  when  1  consider  the  articles  of  oar 
Churcbi  f>tir  canon*,  and  the  liubscriptions  that 
the  Bibho[)  hiuiself  must  have  uiade,  and  must 
have  re<|aii«d  from  others,  in  the  exercise  of 
liis  function  ai»  a  bishop  ;  v^hrn,  I  iMy\  I  con- 
sider all  tl)eiie  things,  it  l^  iUHiMrr  ot  wondor 
to  me,  that  sucli  an  oL(|ectiort  i»iiould  t>e  madfi, 
eilhcr  by  a  hi>thop  of  the  Cliurch  of  Enclaod, 

or  by  a  I -     f  the  Lm^doiu  oi  Enfi^liiod. 

I  tH'oUrcl  above  *nw  iustatifft 

,  „^t  of  ptittotiiieut  made  lo  de* 

;  whH'h  IS,  that  of  Fisher,  hishop 

whu  was  so  deprivi^d  in  tbe  Hum 

Bui  I  «6  to  gencimi  iciit  tt' 


J  do 


idii 


le  Hum     ^! 


647] 


9  GEORGE  I.  Proceedings  against  Bishop  Aiferhuryf  [641 


ment,  whereby  both  bishops  and  presbyters 
haye  been  deprifed  of  their  prefennents,  we 
ha?e  a  good  number.  Thus,  in  the  b^inning 
of  queen  Elizabeth's  reign,  almost  all  tlie  bi- 
-shops  of  Engrland  were  so  deprifed  :  and  at  the 
BeFolutioo,  many  were  so ;  and  all  might  hare 
been  so,  if  they  had  not  complied  with  the 
terms  of  the  act  of  parliament :  and  at  the  Re- 
storation, many  hundreds  of  presbyters  were 
deprifed  in  the  same  manner.  Anil  I  conceif e 
that  it  cannot  well  be  doubted,  but  that  the 
.same  authority  which  can  make  laws  by  which 
the  whole  bench  may  be  deprived,  may  exert 
itself  in  a  jMirticular  case,  if  they  have  just 
raosons  for  it. 

As  to  the  trial  of  bishops  for  any  crimes  they 
shall  be  guilty  of,  we  are  to  consider  the  differ- 
ent nature  of  the  crimes  of  which  they  are  ac- 
cused ;  and  the  trial  by  law  most  be  according- 
ly. If  the  crime  be  of  an  ecclesiastical  nature, 
such  as  ecclesiastical  courts  can  take  cogni- 
zance of,  as  simony,  heresy,  and  the  like ;  the 
trial  regularly  must  be  by  the  archbishop  of 
the  prufince,  taking  to  his  assistance  some  of 
his  suffragan  bishops.*  But  even  in  tliis  case, 
if  isither  the  arcfibishop  shall,  upon  com- 
plaint, neglect  to  try  him  ;  or,  if  upon  trial  he 
shall  acquit  and  absolf  e  him,  the  accuser  may 
appeal  to  the  king  in  chancery :  which  court 
may  appoint  a  commission  of  delegpites,  who 
may,  by  the  authority  of  the  crown,  ludge  him, 
deprive  him  of  his  bishopric,  prohibit  him  the 
use  of  his  function  for  his  life  (if  the  crime  de- 
serre  it,)  though  he  were  before  acquitted  by 
the  archbishop.  But  if  the  crime  be  of  a  cif  il 
nature,  such  as  treason  (which  is  the  case  now 
before  us,)  the  ecclesiastical  authority  has  no- 
thing at  all  to  do  with  it ;  and  should  any  ec- 
clesiastical judge  attempt  to  meddle  with  it,  he 
would  be  iudged  to  attempt  against  the  king's 
<nt>wn  and  dignity,  and  quickly  haf e  his  pro- 
ceedings stopped,  by  a  prohibition  out  of  the 
temporal  courts.  And  I  would  beg  leafe  to 
cbserfe  further,  that  were  this  bishop  to  be 
tried  m  the  common  course  of  law  for  the 
crimes  whereof  he  is  accused  in  this  Bill,  it 
must  be  either  by  your  lordships,  as  a  member 
cf  this  House;  or  by  the  judges  and  a  jury  in 
Westminster- hall.  I  would  not  at  present  say 
which,  because  it  would  lead  me  out  of  the 
way:  but  in  this  ease,  if  either  your  lordships, 
cr  the  judra  below,  should  pass  sentence  upon 
liim  for  the  treason  of  which  he  is  here  ac- 
cused, that  sentence  would,  ipso  f ado ,  de- 
prive him  of  the  bishopric:  it  would  also  make 
him  liable  to  lose  his  life;  but  it  would  not, 
ipio  facto,  take  it  away,  as  it  woold  his  W- 
st)0{iric :  be  might,  notwithsUnding  that  sen- 
tence, life  many  years;  but  from  the  mo- 
ment of  it,  would  be  no  more  bishop  of  Ro- 
chester.f 

*  See  the  Case  of  bishop  Watson,  toI.  14, 
p.  447. 

t  Under  the  doctrine  of  the  sacramental  na* 
lore  of  ordination,  and  of  the  indelible  character 
which  it  has  been  heid  to  coaferi  I  suppote 


These  things,  I  humbly  concelfe,  are  abdo 
dantty  sufficient  to  answer  this  6rst  difficulty 
and  therefore  1  shall  add  no  more  but  this  on 
obserf  ation ;  that  the  way  that  is  now  taken  t 
deprive  him,  is  the  only  way  that  1  kuow  o 
wherein  the  bishops  can  have  any  part  in  tfa 
sentence  of  deprivation. 

The  next  thing  that  was  suggested  from  tfa 
bar,  particularly  to  this  bench,  was,  that  w 
should  consider  well  what  we  are  domg,  an 
haf  e  a  care  that  we  do  not,  by  concurrioj^  i 
this  Bill,  make  our  titles  to  our  bishoprid 
precarious. 

As  to  this  admonition,  the  answer  is  fer 
easy,  that  it  becomes  us,  as  we  haf e  the  k» 
nour  to  haf  e  seats  in  parliament,  to  take  cut tt 
do  justice ;  as,  on  the  one  side,  to  the  prissMti 
so  on  the  other  side,  to  our  king  and  country: 
and  to  trust  in  God,  that  in  so  doing  weslnl 
neither  hurt  ourselves,  nor  our  successon 
But,  so  far  as  jnst  judges  may  look  to  evcDli^ 
the  argument  seems  to  me  to  lie  the  other  waj: 
for,  if  for  want  of  doing  justice  against  trsiton 
to  king  George,  the  Pretender  should  banpeii 
to  prefail,  (which  God  afert!)  the  title  of  iro- 
testant  bishops  is  like  to  be  very  precarioui 
indeed. 

As  to  the  power  of  parliament  to  pass  Bilii 
of  this  kind,  the  parliament  always  bad  it,  Ini 
frequently  exercised  it,  and  always  must  bsvt 
it ;  it  being  essential  to  the  very  being  of  tbe 
supreme  power.    The  lives   and  lifaiertics  of 

that  in  the  case  stated,  Atterbury  wonid  bare 
remained  a  bishop  though  without  a  see. 

Though  the  Romish  Church  holds  that  tbos 
are  seven  orders,  viz.  presbyteri,  diaconi,  sob- 
dhiconi,  acolyti,  exorcistse,  Icctores,  ostiarii; 
yet  other  opinions  have  beeu  mainUtned  by 
some  of  their  doctors.  Much  learning  has  ben 
employed  to  investigate  not  only  what  is  ths 
number  of  orders,  but  which  they  are,  and  whtt 
of  them  are  sacraments.  Moreof  er  the  docton 
who  agree  in  consolidating  the  orders  of  bisbop 
and  pnest,  yet  differ  f ery  nicely  in  their  dii- 
tinctions  between  the  two  classes. 

The  doctrine  of  the  indelible  character  of  or- 
deis  has  been  carried  farther  than  seems  to  be 
necessary  or  in  practice  f ery  useful :  fie.  to 
the  maintenance  of  the  dogma  that  a  ChriftisD 
priest,  legitimately  ordained,  would  remain  • 
Christian  priest,  ef  en  though  he  had  apoiti- 
tised  from  Christianity ;  nay  ef  en  while  he  wil 
suffering  the  punishments  of  hell.  In  parlii- 
ment  it  underwent  some  discussion  in  the  de- 
bates during  the  progress  of  the  Act  (sUt.  4l 
Geo.  3,  c.  6S),  «*  to  remof  e  doubts  respectiflf 
the  eligibility  of  persons  in  Holy  Orders  toiH 
in  the  House  of  Commons ;"  ancillary  to  whidi 
was  prepared,  by  a  committee  of  the  Housed 
Commons,  a  very  learned  Report. 

As  to  deprivation  from  benefices,  and  degi* 
dation  from  orders,  see  Burn's  Ecclesiastioi 
Law,  titles  «  Degradation,'  «  Deprivation.'  t 
this  Collection,  see  the  Case  of  Samuel  Joh» 
son,  f  ol.  11,  p  1339  z  and  also  fol.  1,  p.  841 
as  thcfe  referred  ta 


and  olhertfjbr  a  TreatonaUe  Cotupiraei/.  A.  D.  1723. 


[650 


tffij  IBM  io  En^Uiid  are  iut>jei*t  to  \it  nni 
IbWigli  ll*«  es*fC(»e  t)f  this  |H>wer  riuy  be  dan- 
gWMtt  10  pervai(t»  wUo  vfi\i  fenture  upou  irea- 
tmaith  practices,  trusting  to  their  cuuniog  and 
irttftcf^  10  Kkreun  them  trom  the  hw\  yet  I 
bie  ififti  confidence  in  iht*  inlejfni y  a"d  justice 
rflhc  crown,  and  t\v 9  Houses  ot'ParliamenI, 
tliat,  1M1  long  as  thin  example  is  followed,  of 
giving  a  full  and  fair  heariag^  to  the  persons 
ittssed,  innoceul  men  canuot  easily  suffer; 
«f,iii  all  events,  that  if  corruption  or  tkctloa 
Mkd  e»cr  so  lar  prevail,  that  there  ahouhi  *>e 
Aajfr  T  in;  rent  [lersons,  it  will  U:  much 
aaet  witne^s^  or  juries,  or  to  find 

«bcr  u.> .  M  «.^  lu  dt'siruy  them,  tlian  it  will  be 
Hinevail  u^nm  a  pnrliament  to  do  ii:  as  1  am 
pnnided  tb^tt.m  this  particular  case,  had  there 
Many  corruption^  lutoe  other  method  woutd 
tevebeen  foun  1  mit,  more  cflre^Jtually  to  e«jnia 
liUi«  peraou  toiiremed  than  this  is  hke  to  do. 
The  last  pa  I  tic  uUr  that  the  Bishop  peculiarly 
i^df«Med  i^  this  bench,  was,  thai  we  would 
CDMldfv  the  wiird*i  of  St.  Paul  to  Timothy  ; 
**  AAin«t  an  dder  receive  not  an  fti:Gusati(»n, 
kiitl»efi>n.*  two  or  three  witnesses,"  1  Tiiii* 
d».  Xv.  19.*  The  aeose  ol  t^hicb  words  hi^ 
M«|itp  uoikr^too^l  to  be^  11iat  an  accusation 
iImiiIiI  not  br  m  tiiuch  at  receired  against  an 
ilder  or  |tre«byler,  and  much  less  against  a 
hi^crp,  but  ujion  the  oatba  of  two  or  tbree 
wila»*wn(. 

la  au%wer  to  this,  I  beir  leave  to  observe, 
tbi  ifUf  tmiwlation  renders  the  words,  not, 
•nfOotbc  oaths/  htit|  *  before  tivo  ar  three  wit- 
MPS:'  which  f^eemsto  import  a  \i>ry  ilitferent 
tnmfmm  that  his  lordship  puts  upon  them. 
Bot,  aot  Ui  enter  into  any  critical  esanmiatiun 
tf  ibr  truth «if  our  transhitlou,  or  what  the  real 
■tot  <»f  the  words  is,  1  would  onlv  maketheie 
ni^tbort  ob«ervufioQs  t  tirst,  that  Uje  sense  the 
fiSihop  ]niU  u(>fm  them,  that  an  accusation 
tpioit  A  pfe*l*y(er  or  bishop,  must  not  be  so 
iMtob  •  'i  into  court,  mit  upou  the  oaths 

•^i*^"  vLinesses,  is  not  practiseil  m  the 

iluui  II .«  biJL^uind  ;  and,  I  believe,  never  was 
prtctuml  in  any  Christian  Church  whatever. 

Til^  i^i  rood  observation  I  would  make  is, 
';  vet  be  the  sense  of  these  wards*  it 

1  -  X  ilie  conduct  of  a  bishop  towards 

r'  but  certainly   was  never  in- 

_      I  ri  law  to  the  supreme  power  of 

vltiOgdota^  10  iiH  proceedmifs  ui  cases  of  high* 
^^^'in,  dtroii^'^t  »ny  suhj»-t_i  whatsoever. 

f  Sishop  ii'r^cs  furtiier,  that  the  Jewish 

itr«»  at  least  two,  or  more  witnesses 

'  uoccdings  ;    and  from  thetice 

i^bi  to  be  so  amoo(rfet  ut. 

ii    it  may  be  replied,  That  this 

[.iw  of  the  Jews,  which  waa 

u;  K.(,rt*  i*j>  M*,  rtij.i  therefoiit  doth  mH  oblige 

w  aay  more  tban  the  rest  of  that  Jaw  doth  ; 

•Upon  the  1  by  the  prlfiooer  bad 

■•»»  er«c<eii  h\  - Ji  W  (Unne  a  strange 

JjWc  af  jatmp^udcikmt  lo  which  was  verified 


except  where  the  reason  of  the  thing  lays  an 
oNigntiou  upon  us.  B^it,  iorleed,  1  arn  of  opi* 
uiop,  that  that  taw  dotli  oblige  u«,  so  far  as  it 
was  iutetided  to  ohlig^e  them,  and  so  tar  as  it 
can  be  adapted  to  the  intinile  variety  of  cnsct 
that  must  happen  in  judicial  mutters.  That 
law  is  very  short,  and  ilitrefbre  mu?t  leave 
many  questions  that  may  be  miule  about  it  un  * 
determined :  1  ^hitU  at  present  take  notice  of 
these  two  only,  which  may  be  material  to  our 
present  dispute ;  the  first  fs,  wlietber  the  meaiH 
mg  of  it  be,  that  all  controversies  and  accusa* 
lions  wliatever  must  be  determined  by  wit- 
ne«ses,  and  do  i>ther  way  ?  or,  whether  upon 
sttpposiiion  that  the  matter  be  to  be  determined 
solely  Uy  witnesses,  and  nolijjht  can  be  brv>ught 
to  it  any  other  way»  that  then  the  witnesses 
must  be  at  least  two  ?  The  second  is,  whether 
those  witnesses  must  swear  directly  lo  ihe  fact; 
ft>r  instance,  that  they  saxv  sucli  a  man  mur- 
der another^  or  the  like?  or,  whether  it  may 
not  be  sufficient,  that  they  swear  to  such  cir- 
cumstances, as  infer  a  string  and  violent  pre> 
suinplion  that  such  a  fact  was  cominttlea  br 
such  a  per.^ou  ? 

These  thiaga  ar**  left  undetermined  ta  that 
short  Jaw  of  the  Jvws;  but,  I  humbly  con- 
ceive, are  suffinenily  determined  by  the  tia« 
ture  of  the  tbiu^,  ami  by  the  Jaws  of  all  nations. 
And  particular!  V  of  our  own.  It  is  true,  indeed, 
that  in  ca.Nes  ol  tii^b  treason,  we  have  from  poll* 
trcal  constderaiioiiM  dtterinined^thal  there  muil 
b<*  two  positivt^  witnesMes  to  some  one  or  more 
overt  acts  of  the  tame  treason  :  but,  as  to  alt 
other  crimes,  that  eipially  aifect  the  lives  and 
estates  of  all  the  sul^jects  i4  England,  this  if 
not  tlie  case  ;  and  men  may  by  law  Jose  Ibeir 
lives  when  there  is  not  so  much  as  one  positive 
witness  to  the  (<ice.  1  beg  leave  to  explain 
this  JO  the  words  of  my  lord  chief  justice 
Coke ;  "  VVheti  a  trial  is  by  witnesses,*  regu- 
IiltIj  the  affirmative  ought  to  be  proved  by  twa 
or  three  \%itnesses ;  but  when  the  trial  is  bjr 
verdict  of  twelve  men,  there  the  judgment  \m 
nnt  given  upon  witnesses,  or  other  kind  of  evU 
deuces,  but  njion  the  verdict ;  and  upon  such 
evidence  as  is  given  to  the  jury,  they  give  their 
verdict;  snd  mmy  times jurtes,  to;^eiher  wiib 
other  iiiMtter,  arc  much  induced  by  presump- 
tion/* /tnd,indeedjf  uouiancould  be  convicted 
of  murder,  or  robbery,  or  other  crtmcs  of  that 
nature,  but  by  two  po^iiUve  witnesses  that  savr 
the  tdrt  done  ;  nothmg  would  be  easier  or  safer 
than  ihe  commiiisitm  of  those  crimen ;  and  no 
man  could  have  any  aecurity«  either  for  hii 
pers/in  or  his  e^tHte  :f  and  therefore,  if  iu  casea 
of  high  treason  oui  law  rec^uires  positive  wit- 
ri(^to»es,  it  i»  not  from  auy  moral  necessity,  or 
point  of  conscienoe  ;  but  from  political  reasoni^ 
which  must,  and  always  will  be^  subject  to  the 
judgmeot  of  parliament. 

Having  now  dune  with  what  waa  from  the 
bar  peculiarly  applied  to  this  bench,  end  bav- 

•  See  1  Inst.  fol.  (i,  b. 

f  Aa  to    c ire u  instant 

iof  James  Stewart, 


I 


I 


651] 


9  GEORGE  I.  Prti^ccdingxagauist Bishop  AiUrlniryt  [{iSi 


in«r>  I  hope,  given  a  very  plain  answer  to  it,  X I  Uiiuss  hare  been  oljected :  that  it  is  by  wa^ 


now  beg  your  lonUhips'  leave  to  proceed  mure 
directly  to  the  bill  ithelf.  And  here  two  tbiufv;» 
are  necessary  to  he  considered,  in  order  to  con- 
Tince  your  lordships,  that  it  is  a  Bill  fit  to  be 
passed  :  the  first  is,  the  lawfulness  of  it ;  the 
second  is,  the  prudence  or  eiqiedicncy  of  it. 

As  to  the  lawfulness  of  it,  it  will  be  necessary 
also  to  consider  two   thin^;   first,  whether 

?^our  manner  of  proceeding  in  this  Bill  be  law- 
ul  ?  secondly.  Whether  the  Bbhop  be  really 
guilty  of  the  crioaes  charged  upon  him  ? 
As  to  the  manner  of  proceeding,*  many 


*  This  topic  is  with  much  ability  discussed 
by  a  friend  to  the  proceeding's  against  Atter- 
bury,  in  two  letters,  signed  Philopatris,  which 
were  published  in  the  London  Journal,  May 
11th  and  18tb,  1723,  among  the  letters  of  Bnn- 
tannicus. 

The  justice  and  the  expediency  of  having  re- 
course to  special  acts  of  parliament,  for  the  pu- 
nishment of  offences  previously  committed, 
were  mucn  debated  in  the  course  of  the  pro- 
ceedings against  the  carl  of  Strafford,  (see  bis 
case,  vol.  3,  p.  13ti2,)  and  against  sir  John  Fen- 
wick  (see  his  case,  vol.  13,  p.  538.) 

The  great  fundamental  objections  to  Bills  of 
Attainder  are  referable  to  three  principles. 

1.  The  injustice,  tyranny  and  oppression  of 
er  pott  facto  penal  enaotments. 

2.  The  insecurity  of  property,  liberty  and  life, 
tinder  the  union  ot'  the  judicial  and  legislative 
authorities. 

3.  The  mischievous  tendency  of  specially 
applying  the  power  of  the  legislature,  to  the 
cases  of  particular  individuals. 

Blackstone  is  remarkably  brief  respecting 
Acts  of  Attainder.  He  reprobates  ex  pott  facto 
laus :  and  in  his  Introduction  to  the  Commen- 
taries (sect.  3,  vol.  1,  p.  46,)  he  refers  to  what 
Cicero  says  of  the  Roman  Privilegia.  Ciccro^s 
language  is  very  strong :  **  Leges  proeclarissi- 
moe  de  xii  tnbulis  tralatse  duos,  quarum  altera 
privile;jia  tollit."  Dc  Leg,  lib.  3,  sect.  19. 
'<  lu  pnvos  itoniines  leges  ferii  noluerunt ;  id  est 
enim  privilegium,  quo  quid  estinjustius.^''  Ibid. 

*'  Quo  jure,  quo  more,  quo  exeropio  legem 
nominatim  de  capite  civis  indemnati  tulisti? 
Vetant  leges  sacratse,  vetant  xii  tabuls,  leges 
privis"  [Blackbtone  adopts  '  privatis;'  SStepna- 
nus  recognises  '  privis,']  •*  hominibus  irro- 
gari :  id  est  enim  privil«*gium.  Nemo  unquam 
tulit :  nihil  est  crudclius,  nihil  pemiciosius,  ni- 
hil quod  minus  bttc  civitas  ferre  possit.  Pro- 
scriptionis  mJKerrimum  nomen  illud,  et  omnis 
aeerbitas  Sullant  temporis,  quid  hahet,  quod 
maxima  sit  iosi^nc  nd  memoriam  crudelitatts? 
opinor,  peenam  in  cives  Romanes  nominatim 
smc  judicio  constitutam.'^  OraU  pro  domo  soft, 
•ect.  10, 17. 

Montesquieu  contends  for  the  separation  of 
the  legislative  from  the  judicial  functions :  hut 
in  spring  of  the  ostracism  of  the  ancient  re- 
f  ublicsi  he  yieUi  tu  that  ppignmmatic  propen- 


of  Bill,  and  not  a  trial  in  the  course  of  law; 
tUat  rvidence  has  b£en  admitted,  that  wouliJ 
not  have  been  admitted  in  any  of  our  courts ; 
that  these  things  are  contrary  to  the  liberty  ol 
the  subject ;  that  every  subject  has  a  right  ts 
the  laws  of  his  country  ;  and  that  he  has  an 
injury  done  him,  if  be  be  denied  the  benefit  ol 
them.  This  I  take  to  be  the  sum  of  what  hu 
been  objected  against  the  justice  of  your  pro- 
ceedings in  this  Bill. 
In  answer  to  these  objections,  I  beg  leave  to 

sity,  which  is  one  chief  cause  of  tlie  extitne 
unsatisfactoriness  of  his  work. 

Archdeacon  Paley  says,  ^<  The  first  mmm 
of  a  free  state  is,  that  the  laws  be  nmde  bf  sas 
set  of  men,  and  administered  by  aRPtfacr;  it 
otlier  words,  that  the  legislative  and  jw&al 
characters  be  kept  separate." 

And  be  proceeds : 

**  This  fundumentat  mle  of  civil  juriqiro- 
dence  is  violated  in  tlie  cases  of  Acts  of  At- 
tainder or  confiscation  ;  in  Bills  of  Paiv  sod 
Penalties ;  and  in  all  ex  pott  facto. \&wg  whitp 
ever;  in  which  parliament  exercises  tfaedsuUs 
office  of  legislator  and  judge.  And  whoever 
either  undtrstmnds  the  value  of  the  rale  itielfi 
or  collects  the  history  of  tliose  instances  is 
which  it  has  been  invaded,  will  be  induced,! 
believe,  to  acknowledge,  that  it  wouUi  have 
been  wiser  and  safer,  never  to  have  departed 
from  it.  He  will  confess,  at  least,  that  nuthioff 
but  the  most  manifest  and  immediate  peril  of 
the  commonwealth  will  justify  a  repetition  of 
these  dangerous  examples.  If  the  laws  is  be- 
ing do  not  punish  an  ollV'oder,  let  him  go  us- 
punished.  Let  the  legislature,  admonisiMMi  of 
the  defect  of  the  laws,  provide  against  tbs 
commission  of  future  crimes  of  the  same  sort. 
The  escape  of  one  delinquent  can  never  prodaoe 
so  much  harm  to  the  community,  as  nay  ariiS 
from  the  infraction  of  a  rule,  u|mhi  which  tkf 
purity  of  public  justice,  and  the  existence  if 
civil  liberty,  essentially  depend."  Principles 
of  Moral  and  Political  Philosophy,  book  6,  c<. 

"  The  proi>er  formal  notion  of  government," 
says  bishop  Butler,  (Analogy,  part  1,  chap.  S,) 
*'  is  the  annexing  pleasure  to  some  actions,  and 
pain  to  others,  in  our  power  to  do  or  furbeir, 
and  giving  notice  of  this  ap|xiintment  before- 
hand to  those  to  whom  it  concerns." 

Locke  is  strenuous  for  punctilious  adminis- 
tration of  tlie  prescribed  rules  of  law.  Hm 
Treatise  on  Government,  chap.  7  and  11.  Sef^ 
too.  Hooker  as  referred  to  by  iiim.  If  Locks 
had  composed  his  work  after  Fenwick's  ptot, 
he  might  perhaps  have  noticed  the  topic  m 
Bills  of  Attainder,  and  considered  the  distia- 
guishing  circumstance  of  Fenwick*s  case. 

It  may  not  be  altogether  impertinent  to  mca- 
tion  here,  that  aoeordin{if  to  some,  the  kings  sf 
France,  when  they  arbitrarily  passed  seniaasi 
of  imprisonment  by  lettres  de  cachet,  aclad  M 
a  legislative  capacity. 


fxnd  othertffor  a  Treasmalk  Conspiracy. 


A.D.  1725. 


[054- 


r,  first.  Wherein  the  liberty  (vf  England 
;  which  is  a  point  ctunmunly  pretty 
listaken.  Mauy  iieopte  are  apt  to  iaa- 
at  the  diflference  iK-tivixt  us^  and  some 
leighbouring  countries,  is,  that  they  are 
bsolute  power,  and  we  are  not ;  wiiere- 
mth,  ail  conntries  that  are  supreme 
themselves,  have  ecpmlly  an  absolute 
and  in  the  nature  of  the  tbincf  it  cannot 
be  otherwise :  no  government  can  sub- 
here  be  not  a  power  in  it  to  chanp;e,  to 
e,  to  suspend,  or  dispense  with  its  laws, 
•asity  or  conveniency  shall  require; 
a  what  we  call  absolute  power:  and 
«,  the  difforcnce  betwixt  one  ([C^vcni- 
id  another  does  not  lie  in  this,  that  one 
b  a  power  and  the  other  has  not ;  hut 
rely  in  the  diflference  of  the  hands  in 
this  power  is  placed.  Where  this  is 
n  one  hand,  in  the  kingf,  we  call  that 
late  monarchy  :  where  this  is  not  solely 
king*,  but  only  as  he  acts  in  conjunc* 
h  the  states  of  the  kingdom,  that  we 
mited  monarchy ;  and  the  people  that 
ler  such  government,  are  called  a  free 
because  they  live  under  set  laws,  which 
ot  at  first  be  made,  nor  can  aflerwanis 
ed  or  dispensed  with,  but  by  their  own 

•  However,  there  is  still  in  such  coun- 
|K>wer  equally  above  all  their  laws,  as 
in  the  most  absolute  monarchy  in  the 

If  have  said  upon  this  first  head,  will 
Ml  measure  explain  a  second  qnestion : 
hal  right  is,  wiiicli  the  subjects  of  this 
p  have  to  its  laws  ?  Which  is,  in  short, 
10  daim  the  benefit  of  them  ogainst  the 
or  any  court*  aclinij  nndcr  tlxs  crown, 
Hates  of  the  kingdom  (which  are  vir- 
every  man  in  the  kingdom)  think  fit  to 
:  to  the  alteration' of  ihctn.  The  king 
ri  supreme,  but  his  power  is  only  ac- 
;  to  Ine  laws  in  being :  by  them  tie  is 

•  act,  and  if  any  of  his  officers  act  con- 
I  them,  what  they  do  is  null  and  void ; 
y  are  punishable  for  it ;  and  the  siib- 
ife  a  claim  of  right  against  them.  But 
king  and  his  people  think  fit  to  come  to 
Mpreement  to  alter  any  such  law,  there 
nd  of  all  claim  of  right  in  the  subject: 
im  Is  taken  away  by  their  own  consent ; 
I  aaid  before,  every  man  in  the  king- 
iimlly  consents  to 'what  is  done  by  an 
•riiament. 

there  is  an  absohite  necessity  that  there 
be  such  a  power  as  this  in  every  coun- 
w  the  state  of  human  aflTain;  is  so 
•Ut,  that  it  docs  not  admit  of  any  set  of 
lUe  hiws.  What  is  rrood  at  one  time, 
I  destructive  at  another;  and  what  is 
Ij  good,  ma^',  un<kr  particular  ciicum- 
,  icuuiie  a  disp(*nsation  by  a  proper  au- 
,"  And  here  give  me  leuvc  to  observe 
IwMiiliC)  the  difHrence  there  is  be- 
(Ktkrmi  mwt  of  justice  and  rrghteous- 
'  >e  laws  whatever,  lliat  as  to 
made  for  them,  and  the  nearer 


imfMAti 


we  do  in  all  things  conform  to  them,  (he  more 
noble,  and  lovely,  and  excellent  creatorfS  wo 
are :  but  as  to  positive  laws,  they  are  all  made 
for  us ;  and  the  more  they  eonform  to  us,  the 
more  they  obviate  all  our  wants  and  difficulties, 
the  more  they  answer  to  all  our  necessities  the 
better  they  are. 

As  to  what  is  complained  of,  that  your  lord- 
ships have  admitted  evidence  to  be  read  that 
would  not  have  been  admitted  in  the  coorte 
below :  I  concetve,  that  acting  in  the  capacity 
yon  now  do,  yon  have  a  i\i]T  power  to  do  it, 
and  have  not  broken  any  of  the  general  rules 
of  justice  by  it.  You  have  let  in  all  the  light 
that  you  thought  mip;ht  be  proper  to  give  yoa, 
a  full  knowledge  of^the  matter ;  and  in  the 
capacity  in  which  you  now  act,  I  cannot  but 
hnnibly  be  of  opinion,  it  was  your  duty  to  do 
so :  but  in  forming  of  your  judgments,  I  take 
for  granted,  that  your  lordships  will  distin- 
guish, and  lay  no  more  weight  upon  any  thing 
Sian  it  deserves. 

As  to  the  roles  of  receiving  evidence  in 
Westminster- hall,  I  conceive,  that  they  are  no 
part  of  natural  justice,  but  onlv  artificial  rolee 
framed  for  conveniency ;  and  bind  no  courts, 
but  as  they  have  agreed  to  them,  and  to  are 
become  the  customs  of  the  court.  That  these 
rules  are  no  part  of  natural  justice  appears 
from  hence,  that  e^en  among  ourselves  they 
are  diflferentio  different  courts :  that  those  used 
in  our  courts,  are  very  diflferent  from  those 
used  in  other  countries :  that  they  differ  here, 
according  to  the  different  causes  or  crimes  that 
are  to  be  tried.  May,  they  are  so  far  from 
being  fundamental  parts  of  justice,  that  they 
must  require  a  good  deal  of  tiniie  and  art  to 
form  them.  And  1  am  persuaded,  that  were 
a  person  of  good  natural  sense,  who  knows 
nothing  of  the  law,  asked  bis  opinion,  He  would 
be  apt  to  think  it  to  be  a  part  of  natural  justice, 
that  every  person  that  prosecuted  a  cause  in  any 
court,  should  be  at  linerty  to  produce  before 
that  court  whatever  he  thonght  material  to  his 
cause.  And  there  is  no  doubt,  but  that  this 
was  the  original  way  of  proceeding :  but  that 
in  process  of  time,  when  courts  came  to  have 
a  good  deal  of  business,  and  they  found  by  ex- 
perience, that  this  way  of  laymg  every  thing 
oefore  them  tended  to  lengthen  causes,  (which 
was  especially  inconvenient  where  juries  are 
concerned,  who  must  end  a  cause  before  they 
part)  these  rules  were  gradually  found  out; 
which,  though  they  may  be,  for  the  reasons 
above  specified,  generally  convenient,  yet  may 
sometimes  hinder  justice,  by  not  suffering  all 
the  light  to  come  into  conrt,  that  may  be  ma- 
terial in  the  cause. 

Having  said  thus  moch  concerning  the 
justice  of  your  method  of  proceeding,  l  now 
come  to  consider  the  second,  and  the  main 
point  of  justice  to  be  regarded  in  this  Bill ; 
which  is,  Whether  the  Bishop  be  guilty,  or 
not,  of  the  treasonable  practices  charged  upon 
him  in  it  And  in  this  I  shall  be  the  shorter^ 
because  yonr  lordships  have  heanl  the  evidence 
en  both  lides,  and  all  that  has  been  uid-frem 


655] 


9  GEORGE  I.  Proceedhgi  against  Bithap  Atterhoyt        [fl 


111 


ibe  bar  by  botb  sldai  upon  it ;  and  because 
tlierenre  iiiany  uotitelorilsja  tbeHou&e^  much 
jUilt:r  to  liy  Ihin^  of  this  nature  ilisliacily  ftod 
cieurly  before  ymr  brtlships  than  I  iiin. 

Ttie  cause  of  Kelly  is  so  cooncctetl  vvUh  that 
of  the  Bishop,  that  I  must  tiej^  leave  to  ^peak 
A  few  words  lo  the  one  botbre  I  proce<^d  to  the 
other.  As  to  Keily,  I  would  observe  in  the 
I^TsX  place,  that  one  strong  presumpttoo  of  hi^ 
guilt  LSf  that  when  be  was  tirst  taken  up,  he 
resisted  the  officers  ;  that  he  seized  bis  iii^ord 
and  lome  papers  that  had  been  taken  away 
from  him  }.  and  was  rpj^ofute  to  hwrn  those 
paper!;,  thout^h  with  the  apptireut  huzard  of 
bis  own  life,  and  being  tfuilly  «»r  the  murder  of 
one  of  the  officers  that  hud  seized  him. 

Ill  the  next  place,  it  itf  proved  before  your 
lordships,  that  at^er  he  was  taken  up,  the 
peojde  at  his  lodpngs  burued  the  rest  of  his 
capers  ;  a  pbln  evidence,  that  they  who  koew 
lis  mnnm-r  of  life  and  conrersationf  suspected 
that  he  was  guikv.  And  this  is  ag-reeable  to 
what  Neyuoe  told  the  chancetlor  of  the  ex* 
chequer  ^  that  there  was  at  that  time  a  general 
burnini;  of  papers. 

Thirdly,  Anotlier  prestimpiion  of  bis  puilt, 
if,  tliat  when  he  wa^  taken  up  ihe  sec<»ud  time, 
he  offered  seTcrol  sums  i»f  mtmey  to  the  people 
of  the  house  where  he  ^a*  in  cnsfodyf  \u  j^utfer 
him  lo  escape,  ait  appears  from  thi^ir  oaths  at 
the  bar.  These  tliin^^s  1  mention,  not  as  fyll 
proofs  of  his  guitt,  but  us  strong  presumptions, 
that  make  ei^ery  thing  else  that  is  sworn 
against  him  very  credible. 

"The  chief  CMdenoes  of  his  guilt,  are,  a 
great  number  of  intercepted  letter*;,  huth  from 
biiiv,  and  to  him,  containing;  treasfvi^itble  matters. 
Those  from  him,  are  by  several  witn^s^Cii 
proved  to  he  his  hand*  writing,  particnlarlv  by 
the  officers  of  the  post-ofiice,  who  took  tliem 
and  transcribed  them.  And  as  to  those  to  him, 
leveral  witnesses  hare  proved  that  he  gave 
orders  at  several  public  houses  to  take  them  in, 
when  they  came  from  the  post,  that  he  him' 
self  received  them  from  thence,  opened,  and 
read  them  :  and  it  is  atso  further  provett,  that 
answers  were  returned  to  them  in  his  own 
band-writing.  These  things  altogetlier,  1  lake 
to  be  such  phin  cind  strong  evidences  of  hts 
guilt,  that  I  shall  trouble  your  lordsbipa  no 
forther  about  him. 

As  to  the  person  concerned  in  this  Bill, 
though  it  be  a  great  tronhle  to  me^  to  think 
that  any  bishop  of  this  Church  should  be  guilty 
of  so  foul  a  crime  as  that  objected  to  him  ;  yet 
1  cannot  but  be  of  opinion,  that  if  be  be  really 
guilty,  the  interest  of  our  Church,  as  well  aa 
justice  to  onr  king  and  country,  do  require, 
that  he  shonhl  be  convicted  and  punished.  And 
indeed,  I  cannot  hut  be  humbly  of  opinion,  that 
whoever  behevei  Kelly  to  be  sfuilty,  must  be- 
lieve the  Bishop  to  be  guilty  too. 

1  shall  not  insist  upon  what  is  commonly 
called  bear-say  evidence,  though  th€i^  be  a 
great  deal  of  it  agaiost  the  Bishop  ;  only  must 
observe,  that  the  conduct  of  a  Protestant 
Itiibo^  must  have  be«n  yftry  odd  and  unac- 


countable, if  he  he  tnaocrt)!,  that  l 
cobites  (aa  have  done  is  thi«  catie)  I 
dare,  that  thty  not  only  e^teetued 
in  the  plot,  but  to  5e  the  chief  coody 
It  is,  bowtjvert  ^t  to  nay  somrtbiog  \ 
case  of  N<^ynoe ;  because  the  Bi^ho^ 
counsel  have  taken  up  so  murh  of  yoirl 
ships'  time,  and  produced  so  muny  wit 
to  prove  him  a  knave.     1  did  iudeti 
always  think  him  to  he  a  kn:)v#»,  and! 
thing  that  he  ^id  v\ as  lobe  believed, 
upon  his  authority  :  but  on  the  other  sid 
testimony  of  the  greatest  knaw  in  thtj  ^ 
may  he  taken  against  hunself ;  and  thev 
selves  liave  proved,  that   he  was   a  Ji 
anil  thoroughly  in  that  interest,  cT^eu  wbc^ 
was  making  mm^  discoveries  agaiust   ' 
and   therelbre,  what  he  says,  id  that  \ 
bears  some  weight,  as  being  against 
whom  be  favoured,  and  would  hurt  as  \\\X 
possible.    Some  otiier  things  that  he  h9d| 
aro    also   coniirmed    by    concurrent  cin 
atances,  and  other  discoveries ;  and  these  | 
have  their  weight,  though  he  were  nevd 
great  a  knave.     One  of  the  thinii^s  that  b^J 
in  his  confession,  was,  that  be  fre<|ueQt}v^ 
with   Kelly  to  the  bishop  of  Rochefiaru 
left  him  there  (as  Kelly  told  him)  to  wrilif 
Utters,     This   is  confirmed  by  a  credible] 
ness  at  your  bar,   who  swears,  that  Nm 
useit  to  be  frequently  at  his  bouse,  and] 
him,  a(  least  three  or  four  times,  thai  he  i 
tlitre  for  a  sensible,  ingenious  i^y 
was  gone  about  business  to  the  U 
Chester:  he  did  not  indeed  tell  hiui  li4i  i 
but  the  thing  seems  to  lue  to  looki 
than  if  ho  baJd  \  because  it  would  hare  I 
uiore  bke  a  piece  of  art  and  contrivsW 
have  told  the  name  of  a  man,  \%  ^ 
to  he  gone  to  the  Bishop  about  n 
resjiondence.     L  would  only  beg  lea^p  n»  j 
notice  to  your  lordships  of  one  thing  i 
laling  to  Neynoe  :  the  Bishop^s  wttne&jieil 
fully  proved,   that  Neynoe  told  them,  thir 
chaucc'llor  of  the    exchei]uer   had  giieol 
several  sums  of  money,  to  endeavour 
out  of  Kelly  the  explication  of  the  caoti 
that  were  used  in   the  correspondeooe  | 
that  he  had  promi&etl  him  much  greater  \ 
if  he  would  go  to  France,   and  get  it  o 
Dillon  and  the  Jacobites  there:  the  inf^f 
from  which  f  take  to  be  very  plain.  th«t  iW 
court  did  not  then  know,  who  the  pt  r>oii»«»»» 
that  were  designed  by  those  cant  nati 
that  thev  did  bt  he*e  that  Kelly  did  I 
that  Dirlon  anfi  the  Jacobites  in  Fraiiii 
too:  which  effectually  and  luUy  coulnusj 
suggestion  of  the  Bishop,  of  which  \w 
bring  the  least  (iroof,  that  the  plot  wasti 
trivonct*  of  perstms  in  power. 

The  next  tiling  1  would  beg  leave  la  J 
notice  of,  relating  to  the  Bisboii.    is  a 
(taken  amoiij^  his  papers)  from  a  lady  of  j 
quahty ;  of  which  the  Etabop,   ihouifh  fl 
objected  to  him  by  the  counsel  for  the  BllJ 
taken  no  notice  :  which  1   conceive  he  »^ 
and  ought  to  have  doocp  had  it  i 


nnd  others, Jbr  a  Treasonable  Conspiracy,  A.  D,  IT2S» 


[C53 


fiff  toy  ^'r  account  of  it.    The  Ia«ly*  in 
«l  Iclter  tells  him,  **  That  «be  sent  some- 
Ultog  tbat  she  haci  received,  she  could  not  tell 
whom  ;  but  let  it  be  for  whom  it  wonlil, 
thoug'tit  he  oii^^hi  be  Crust^iJ.  aud  that  tt 
111  not  he  put  luio  lietter  hands."     A  strong 
tpicion  this,  coDsideriiisf  all  circumstances, 
11  her e  was  a  curresporiffence  by  cant  uames, 
\kh  ihe  lady  did  nnt  certainly  Icnuw,  but 
ed  ilie  B(shoj>  might ;  or,   however,  that 
as  m  aU  events  a  person  to  be  trustrd. 
her  very  susplcioys  circumstaoce  against 
'itip,  is,  the  letters  from  caplaiu  ilal- 
d  what  has  beeo  proved  at  your  bar, 
Is  same  captain  Halsiead,  a  liule  before 
went  io  his  ship  to  fetch  over  the  duke  of 
i)nd,|  waitE'd  tipon  the  Bishop^  and  staid 
bim  an  hour.     This  thing'  imieed  dirt^tly 
e«  nothing:;    but  all  things  coneidered,  is 
stispicious  :  and  the  more  :>o,  becatase  the 
hiis  given  no  account^  either  of  bis  ac* 
ce  wiih  bim  in  general,  or  of  tb<?  parii- 
son  of  that  visit,  at  a  lime  tliat  leaves 
tiich  p;round  to  susptjct  the  worst. 
e  next  particular  that  deserves  your  lord* 
'  consideratjun,  is    the  letter  to    Duboifl 
ind  artionr^  the  Bisbop^s  papers  when  he  was 
up.  and  tbiuid  now  to  be  sealed  with  Ihe 
seal  with  that  letter  taken  upon  the  Bi- 
>p*s  servant^  which  he  contcsseth  to  be  bis 
hai]d- writing".   It  is  not  indeed  pro  veil,  that 
letter  to  Dubois  is  the  hand- writing-  of  the 
iop;  but  aav  body  that  reads  it,  will  easily 
ioded,  that  it  is  not  the  natural  and  or- 
ay  of  wriiing^  of  any  person,  but  a  dis- 
band like  a  print  ^    except  t»nly  some 
letter's  which  escajj^d  the  care  of  ibe  writerj 
dare  very  like  those  of  the  Bishop.      But 
'  a  lont^  examination,  which  bus  ta Ken  up  a 
it  deal  of  your  lordsliips*  time,  it  appears 
litily,  that  the  seals  are  the  same,  and  that 
one  could  not  be  counlerfeiled  from  the 
because  the  first  letter  was  orir^tially 
;en  witli  the  seal  broken,  and  was  in  the  [los- 
iton  of  Ihe  House  of  Commons  when  the 
Ond  letter  was  taken  upon  the  Bishop's  set* 
it»     ]t  appears  plainly  by  this  ktler  to  Du- 
ll, that  the  persnn  wlio  wrote  it  was  in  a  sc- 
t  aad  dangiTiHis  correspotrdence ;   that  he 
s  an  acquaiutince  of  Mr,  Jobnion  or  Kdly ; 
it  he  received  letters  by  bis  band,  and  wrote 
answer  in  bis  band.     How  far  ad  these cir- 
nijtances,  taken  to^i^ether,  prove  the  Bishop 
be  the  author  of  this  letter,  I  must  submit  to 
ar  lordshipsVJndjjrnient :  for  my  part,  1  think 
jy  do  *,    especialjy  considering,  that  the  Ri- 
»u  tiafi  ^iveu  no  account  of  it,  which  be  ought 

00  by  law,  of  a  letter  uf  this  nature,  plainly 
'  upou  oath  to  have  been  in  his  poises- 

1  DOW  heg  leave  to  proceed  to  that  which  is 
principal  cbarfre  a^inst  the  Bl»bop,  the 

ytatiug  to  Mr,  Kelly  the  three  letters  of  the 


♦  The  Ducbeaa  of  OrmoDd. 

f  See  the  Proceedings  against  hlniy  wot  15, 

looe. 


30th  of  April;  stg^ied,  on€  by  the  name  of 
Jones  ;  another  by  the  name  ot  I II  in  if  ton.;  th« 
third  by  the  figures  137U  ;  which  itie  dccy- 
phcrers  explain  by  the  lettcv  U.  Tiie  tUst  di- 
rected to  ftlr.  Cbivers,  ur  Dillon  ;  the  second 
to  Mr,  Wusfifrnve,  or  lord  ftlarr  j  the  thiid  to  ] 
Mr,  Jackson,  or  the  Pretender. 

It  may  be  proper,  befure  I  take  notice  of  tha 
proofs  which  shew  thai  the  Bishop  did  really  ^ 
dictate  these  letters,  to  take  notice  of  an  objcc* 
tiou  with  respect  to  the  lime :    the  letier*  ar«  1 
dated  the  20th  of  April,  and  the  Bishop  hal  , 
prmlured  (ive  or  six  of  his  servants,  who  iwear, 
that  about  that  time  be  was  so  very  ill|  that  he  1 
could  not  write  hiru^elf ;   and  that  he  did  noli 
see  any  persou  to  whom  he  could  dictate  these] 
letters.    Now,  iu  answer  to  ihia,  it  may  be  re^  1 
plied  :  that  it  docs  not  appear^  that  all  the  ser«  i 
vanbi  which  the  Bishop  then  bad,  were  pro-  ' 
duced  before  your  lordships;  and  you  cannolj 
but  be  sensible,  that  treasonable  practices  arftl 
commonly  carried  on  in  a  very  secret  waysr 
and  it  appears,  that  the  Bishop's  correspond] 
dence  with  Kelly  has  been  so  carried  on  ;   fopj 
tboufrh  there  is  plain  evidence  that  they  wert 
tVequenlly  toirether,  and  that  ibey  v^ere  ac 
fiuainted  is  confessed,  both  by  the  Bishop  an€l 
Kelly  ;  yet  scarce  any  one  of  ihe  servants  pro*] 
duced  would  confess  that  ever  they  had  seeti^ 
Kelly ^  or  so  much  as  ever  heard  of  the  namo 
of  Johnson,  *vhich  was  the  name  bv  which  ht 
wetit.     In  the  nc3rt  place,  none  of  these  wit- 
nesses ]»rove,  that  the  Bishop  was  so  had  that 
he  could  sec  no  company »  tilt  about  the  letlij 
or  17th  of  April ;    and  it  is  very  probable,  that 
the  letters  must  have  been  dictated  so  lon^,  it 
not  longer,  before  the  20tb,  on  which  they  ar©J 
dated ;    because  Kelly  was  to  transcribe  and 
put  them  into  cypher,  which  is  a  work  of  time 
and  care ;    and  perhaps,  alter  all,  they  might 
be  de*!i^nedly  post-dated,  that  the  Bishop  find- 
ing himself  going  into  a  great  fit  of  the  gout, 
mrgbt  have  all  that  to  plead  which  yourTord- 
ships  have  heard,  if  the  matter  should  ever  baf| 
called  iu  question. 

Upon  all  these  considerations,  I  cannot  bti^ 
think  at  very  clear,  ihal  the  Bishop  might  hav<" 
dictated  these  letters :   we  are  now,  thercfort^l 
to  examine  whether  he  did  or  no. 

The  first  thing  that  brought  any  light  into 
this  matter,  was  the  small  accident  of  a  dug 
being  sent  from  France,  wbich^  by  the  inter- 
cepted letters  appeared  to  be  sent  to  one  thai 
went  by  the  names  of  Jones  and  Il!iugton. 
When  Mrs.  Barnes  was  examined  before  the 
coancil  upon  Kelly's  being  taken  up,  it  appears 
plainly  she  was  upon  the  reserve,  and  woubl 
confess  nothing  that  she  thought  might  tend 
auy  way  to  hurt  Kelly :  but  bemg  asked  about 
this  tittle  dog,  who  it  was  for,  she  readily  an« 
swered,  That  Kelly  bad  told  her  it  was  for  the 
bishop  of  Rochester  ;  which  she  has  since  con- 
firmed by  oath  at  the  bar  of  this  House.  This 
hllle  accident,  not  suspectcil  at  the  time  of  the 
discovery  to  be  of  any  consequence,  has  given 
occasion  since,  to  look  into  so  many  circum- 
stances, as  pJaialj  bring  the  matter  home  ta 

«U 


9<jE0RGE  L  Proceedings  against  Bishop  AUerbttry^         [660 

uot  express  the  least  sasptcion  of  fbrgm ;  ibA 
yet,  as  I  said  before,  this  is  the  firrt  tbooght 
that  must  naturally  have  come  into  t|ie  bcid 
of  an  innocent  person,  because  nothmt;  \hX 
forijfery  coiihl  do  him  any  barm.  1  woald  ooly 
just  bee  leave  to  hint  at  this  one  thln|^  nion; 
that  as  lie  'says,  that  these  three  persons  oooU 
not  afiect  him,  because  he  never  knew  then; 
so  accord ing;ly  tbev  have  not  affected  him,  or 
said  any  thing*  of  their  own  knowledg;e  bM 
him ;  which  is  one  ^wvl  evidence,  that  vhitil 
said  ai^inst  him  is  not  ftiryred,  but  real. 

I  am  afraid  that  1  have  troubled  year  M- 
ships  too  lonj^,  though  with  a  very  impefct 
representation  of  the  justice  of  this  Bill;  «d 
therefore  shall  be  shorter  upon  theji^itWt 
which  is  the  expe<liency  or  prudence  of  it 

Had  there  been  what  we  call  leeal  evMwi 
against  the  party  concerned,  yourlonbhipi,  I 
take  for  granted,  would  not  easily  bavef^iM 
to  this  extraordinary  method  of  proceedinif :  ftr 
though  it  cannot  be  doubted  but  that  the  Mr* 
liament  have  this  power,  whenever  they  toiak 
proper  to  make  use  of  it ;  yet,  1  do  agree  iriik 
other  noble  lords,  that  it  is  a  power  not  6t  lobe 
used,  but  where  and  when  the  public  good  re* 
quires  we  should  use  it,  which  I  homMy  cw- 
ceive  is  the  case  at  |>re8ent  A  most  dallgf^ 
ous  plot  against  the  government  has  been  dii* 
covered :  a  great  number  of  letters  and  ptpoi 
relating  to  it  have  beeti  laid  before  the  t«* 
Houses  of  Parliament :  these  have  been  prill- 
ed aud  puhlishefl  by  order  of  both  Houses :  tka 
eyes,  not  only  of  our  owu  country,  but  of  tl 
]turo|>e,  are  upon  us,  to  see  what  we  will  dt. 
Though  the  evidence  of  n  plot  in  general,  ha 
as  clear  as  the  light ;  and  the  evidence  acfUBit 
several  particular  persons  very  plain ;  yet  tf 
our  laws  are,  it  is  not  what  we  call  legal  evi- 
dence :  the  parties  concerned  will  make  lO 
confession,  and  we  have  not  the  methods  Mk 
in  all  other  countries,  to  extoit  confession  fnA 
them.  What  then?  Shall  M-e  see  our  kinf 
and  country  in  danger,  aud  do  nutlung  ftr 
them  ?  Shall  conspirators  go  on  with  total  ia- 
punity,  only  because  they  are  obstinate,  vti 
artificially  screen  themselves  behind  the  lavF 
1  doubt,  my  lords,  that  if  this  prove  the  cM^ 
we  shall  ap|»ear  ridiculous  in  tne  eyes  of  al 
the  world  :  that  our  friends  and  enemies  bolk 
at  home  and  abroad  will  think,  that  we  haveaa 
zeal  for  the  preservation  of  our  kine  and  go- 
vernmcnt;  and  if  once  they  do  think  so,yo« 
lordshi|>s  cannot  but  be  all  sensible,  how  tkil 
must  encoumpfe  our  enemies  and  discouriffi 
our  friends,  and  bring  us  into  that  contenipliNi 
state,  in  which  no  gov eiiuuenl  was  ever  loiC 
supported. 

Hut  a  noble  lord  has  lieen  pleasetl  to  obserffi 
^h.it  the  best  way  to  serve  the  government,  ll 
to  do  popular  things,  and  by  that  to  prorilt 
the  love  of  the  people.  I  perfectly  agrei  • 
this  with  tiic  noble  lord,  aud  cannot  hot  kl 
humbly  of  opinion,  that  tliis  govern  meat  bii 
done  so,  as  far  as  it  has  been  able :  Our  f** 
ligion  has  been  preserved ;  justice  hu  krti 
equally  administered  to  all  torfai  of  patfhl 


659] 

the  Bishop.  And  indeed,  if  all  the  particulars 
in  the  intercepted  letters  be  compared  with 
those  things  that  are  in  proof  with  respect  to 
the  Bishop,  I  believe  your  lordships  will  be  of 
opinion,  tnat  they  cannot  all  belong  to  any  one 
person  in  the  world  besides  himMlf.  In  the 
first  place,  since  it  is  proved  that  Kelly  wrote 
these  letters,  the  person  who  dictated  them 
inust  have  been  an  acquaintance  of  Kelly's ;  it 
is  confessed  on  all  hands  that  the  Bishop  was 
so.  In  the  next  place,  it  is  implied  in  one  of 
the  intercepted  letters,  that  the  person  that 
went  by  the  name  of  Jones  and  Illington  was  a 
clergyman  ;  so  far  stilt  agprees  to  the  Bishop. 
Again,  further :  this  |ierson  is  mentioned  in  all 
the  intercepted  letters  as  a  peVson  of  great  con- 
sequence and  credit,  upon  whose  advice  the 
party  very  much  depend.;  and  indeed  the  very 
air  and  manner  of  writing  the  three  letters, 
plainly  shew,  that  the  person  that  wrote  them 
thought  himself  so ;  tnis  also  agrees  with  all 
the  other  discoveries  about  the  Bishop.  Were 
there  no  other  particulars  but  these,  it  will  be 
hard  to  imagine  that  they  could  well  belong  to 
any  other  person.  But  if  we  consider  further, 
that  this  Jones  or  Illington  came  to  town  such 
a  day  of  the  month,  Wfut  out  of  town  such 
another  day  of  the  month,  came  back  again  to 
town  such  another  day,  was  himself  sick  at 
such  a  time,  that  his  wife  was  sick  at  such  ano- 
ther time,  and  that  she  died  at  such  a  time  ;  all 
which  are  in  evidence  with  respect  to  the  Bi- 
shop ;  if  we  do,'  I  say,  eoosider  all  these  cir- 
cumstances together,  it  will  plainly  appear, 
U)at  they  can  belong  to  no  otlier  man  in  tlie 
world  but  the  Bishop. 

After  this,  I  humbly  apprehend  nothing  need 
be  said  ;  however  I  beg  leave  just  to  mention 
something  relating  to  the  letter  that  was  taken 
upon  thu  Bishop's  servant ;  by  the  whole  air 
of  which  letter,  tt  looks  as  comnig  from  a  per- 
son who  did  not  esteem  himself  to  be  innocent, 
but  u  ho  thought,  that  nothing  could  be  legally 
proved  against  him  :  ai>d  therefore  there  is  not 
one  word  of  his  innocence  in  it,  which  is  the 
first  thoucrht  tliat  must  naturally  have  come 
into  the  head  of  any  one  that  really  was  so. 
lie  writes  wholly  with  the  air  of  a  man  that 
liad  been  used  to  intrigues  ;  speaks  of  the  con- 
cern that  his  friends  should  have  for  him  and 
tlie  cause ;  dibcourses  largely  about  the  kind 
of  evidence  that  was  against  him  ;  tiikes  notice 
in  particular  what  caimot  affect  him  :  **  If," 
says  he,  •*  the  Narrative  [i.  e.  Heport,]  relates 
«'hiefly  to  Ne^vnoe'si  Sainjde's,  and  Layer's  af- 
fairs, so  far  ft  cannot  affect  me ;  for  I  never 
heard  of  the  names  of  cither  of  the  three,  till 
aAer  this  plot  broke  out."  It  is  plain  by  these 
words,  that  he  did  not  then  know  what  was  in 
the  Narrative  against  him  ;  but  he  is  very  sure, 
that  neither  Neynoe,  nor  Sample,  nor  Layer 
could  aflfect  him.  Could  an  innocent  man  have 
thus  disiinguished,  and  could  not  they  have  af- 
fected him  as  much  as  any  body  else,  if  he 
really  was  innocent  ?  Nothing  can  affect  such 
a  person  but  forgerv,  and  that  may  come  from 
au^  quarter:   but  m  th«  whuU  Icttar  '      '    ~ 


mid  others, /or  a  Treasonahle  Cortspiracy.  A.  D.  1723. 


[662 


of  oar  riqrhts  or  lil)ertie9  hare  been  in- 
I;  we  have  li?ed  at  peace  at  home,  \ihile 
'  other  countries  have  8u(ren*d  aU  the 
iet  of*  war :  these  are,  or  I  am  sure 
d  he  esteemetl,  pn]mlar  things ;  ao«l  if 
oilier  thin^f  which  mi«;ht  have  been  for 
wd  of  the  |>e()pie.  have  not  been  done,  it 
!en  the  fault  of  thoxe  that  complain  most, 
Dt  of  the  government.  And  if  there  be 
ilents  now  in  the  kinp^dom,  it  is  plain  that 
undntioo  of  them  was  laid  longr  ago,  by 
lemies  to  our  present  happy  settlement : 
am  |iersuaded,  that  the  discontents  were 
r  aod  fifreater  wittiio  four  months  allter 
og  came  to  England,  and  shewed  them- 
much  more,  in  a  number  of  rebellious 
ind  tumuhs,  than  any  thion^  that  ap|>ears 
lent;  and  yet  DOthini^  then  could  beob- 
to  the  government,  hut  that  some  per- 
rere  not  preferred,  who  lM)th  before  and 
baTe  made  it  too  plain  that  they  were  not 
le  triiste<l. 
I  as  it  is  the  duty  of  those  in  power  to  do 

*  popular  thinflfS  they  can ;  so  I  must  beg 
to  observe,  that  it  is  the  duty  of  all  the 
til  (and  the  greater  they  are  the  m(»re  it 
r  duty)  to  puttbe  best  inteqiretation  upon 
tiotti  of  tlie  gofemment  that  thini^s  will 

not  to  misrepresent ;  not  to  put  false 
eaopon  things;  and  much  more,  not  to 
t  lies  and  slanders,  and  disi)crse  them  up 
iNm  the  kingdom,  jn  order  to  alienate 
Sectioiis  of  the  |>eople.  These  things 
been  done,  and  done  with  great  care  and 
■ce,  and  bv  some  too,  who  would  take  it 
lU  lo  be  called  Jacobites.  These  are  the 
causes  of  the  disaffection  among  us,  and 
I  of  all  the  real  giievanccs  we  labour 
.  Is  the  king  t'orceti  to  put  the  nation  to 
CB,  to  koep  up  a  greater  numlHrr  of  forces 
Mlierwise  would  l^e  needful  ?  It  is  entirely 

*  lo  this  cause.  Are  our  debts  not  paid  ? 
r  credit  not  so  (^ood  as  we  wonld  he  glad 
r€  it?  Let  this  artificial  raising  of  discou- 
SMB  cea^e,  aud  th<*se  thiu<48  will  quickly 

of  themselves.  Iii(ti>e«l,  were  this  a 
br  it,  I  think  it  iriight  plainly  be  proved,  i 
ht  debts  we  labour  under  had  never  l)een 
ided,  but  for  this  absurd,  discontented 
or;  Nay,  it  is  to  this,  that  we  intirely 
h€ danger  we  are  in  from  this  very  plot; 
■•plain,  from  all  the  intcllifxence  we  liave 
il,  that  it  was  c:u  i-i<-d  on  u|»on  the  con- 
Xy  that  all  discontented  per^ons  were  Ja- 

*  :  And  thou}f h  the  conspirators  did  in 
prcatly  deceive  thenisHves ;  yet  it  is  cer- 
lat  toey  built  their  hopes  u|»on  this  foun- 

t  kb  further  said  by  the  same  noble  lord, 
dM  CJitraonliuary  way  of  proceed insfs 
•I  procure  friends  to  the  king;  but  will 
rnffcr  ami  provoke, and  so  hurt  his  iii- 
I  of  helping  it. 
1 1  answer,  that  I  do  indeed  suspect, 
_  !  will  be  angry  ;  as  I  hear  that 
'throiwft  the  kingdom  are:  A 
I  diis,  thot  they  do  not  thiuk  that 


the  friends  of  king  George  are  worrying  one 
another ;  for  they  would'  not  be  angry  at  that. 
Those  that  moat  desire  to  tlestroy  our  liberties, 
are  become,  upon  this  occasion,  the  great 
patrons  of  lilierty ;  as  indeed  they  have  been  in 
a  great  measure  ever  since  the  Revolution,  when 
any  thinsr  has  been  proposed  for  the  support  of 
the  government.  No  sooner  were  their  schemes 
of  arbitrary  power  in  the  time  of  king  James 
overturned,  and  anew  government  settled  which 
they  did  not  like ;  but  they,  in  order  to  destroy 
it,  set  themselves  against  vi^ery  thing  that  was 
necessary  for  its  defence,  under  the  colour  of 
liberty  ;  that  is,  they  desired  to  hsve  their  own 
haofls  as  l<K>8e  as  fiossible,  to  hurt  it ;  and  the 
bands  of  the  government  as  much  tied  up  as 
possible^  that  it  should  not  be  able,  either  to 
hurt  them,  or  defend  itself.  Thus  at  present, 
they  clamour  against  the  additional  forces, 
though establishfHl  by  parliament;  and  affainst 
all  methods,  either  to  discover  or  punish  the 
conspiracy.  And  thev  judge  right  in  this  for 
their  cause  ;  because,  if  they  could  have  carried 
these  points  to  their  mind,  they  might  then  be 
more  free  in  carrying  on  their  plots,  and  with 
less  danger  put  them  in  execution.  For  these 
reasons  I  take  it  for  granted,  that  all  these 

Keople  will  be  angr^' ;  but  1  cannot  but  humbly 
e  of  opinion,  that  it  is  much  bettor  tliey  should 
^  Angry  with  us  for  defending  ourselves, 
than  that  they  should  first  sneer  at  us,  as  fools, 
for  neglecting  our  defence ;  and  then  be  able 
more  easil  v  to  untio  us. 

As  to  otiiers,  tliat  possibly  may  be  displeased 
at  what  we  are  now  doing,  I  would  hope,  that 
a  little  time  and  consideration  will  set  them 
right,  and  convince  them,  that  it  is  not  only 
just,  (but  all  things  considered)  necessary  to  lie 
done ;  because,  if  the  parliament  do,  upon  this 
occasion,  shew  their  zeal  in  the  defence  of  the 
government,  it  will  animate  and  give  courage 
to  the  friends  of  it  both  at  home  and  id»road. 
Foreign  powers  will  be  apt  to  court  the  friend- 
ship of  a  prince,  at  the  head  of  a  mighty  king- 
dom ;  if  they  see,  that  he  and  his  fiosterity 
are  like  to  continue  there :  All  the  aH'aira  of  the 
kingdom,  which  respect  them,  will  be  ma- 
naged with  more  ease,  with  more  honour,  and 
with  less  expence;  and  they  will  be  inclined, 
not  to  foment  but  to  discover  plots,  if  they  came 
to  their  knowledge.  But,  on  the  contrary,  if 
we  give  them  any  reason  to  sus|>ect  that  we 
look  another  May,  they  will  quickly  do  so  too, 
and  strive  which  shall  be  foi  wardi-st  to  h^lp 
the  Pretender  to  involve  us  in  bh»od  aud  ruin. 
And  as  to  the  sidijects  at  home,  1  would  only 
I  observe,  that  all  mankind  arc  apt  to  shew  most 
zeal  tor  a  government,  when  they  thiuk  it  safe, 
and  like  to  stand,  and  be  able  to  protect  them : 
Uut  to  8us|>ect  the  contrary  is  a  most  danger- 
ous temptation  to  the  fidelity  of  subjects,  as  has 
been  seen  by  the  experience  of  all  ages.  And 
therefore  I  hope,  that  your  lordships  will,  by 
your  unanimity  and  zeal  in  this  matter,  effec- 
tually convince  the  world,  that  the  danger  does 
and  shall  lie  iu  opposing,  aud  not  in  d«ifending 
the  present  government 


663] 


9  GEORGE  L  Proceedings  agahut  Bhhnp  AHerbury^  [66 


I  hope  that  what  1  have  now  been  sayiDgf, 
has  convioced  your  lordships,  both  of  the  jus- 
tice aod  prudeuce  of  this  Bill ;  ff  tve  me  leave 
to  observe,  that^our  moderation  has  been  very 
great  too,  both  in  giving  so  full  and  fair  a  hear- 
ing, and  in  making  the  penalties  so  much  less 
than  Ihe  crimes  deserve. 

It  is  now  above  a  year  since  the  plot  was 
first  discovered :  a  plot  of  a  most  desperate 
nature,  to  seize  the  persons  of  the  king  and 
prince,  and  to  bring  in  a  Popish  Pretender 
upon  us.  The  execution  of  which  was  lo  be 
begun  by  seizing  the  Tower,  and  attacking  the 
city  of  London  on  all  sides ;  and  was  thence 
to  spread  itself  into' all  parts  of  the  kingdom. 
Lord!  what  confusion ;  what  murders;  what 
plundering;  what  burnings  must  this  have 
caused  P  Whatever  had  been  the  issue,  the 
very  attempt  must  probably  have  occasioned 
the  sacking  and  burning  of  this  great  city : 
Tiie  utter  loss  at  once  of  all  poblic  credit:  The 
murder  of  infinite  numbers  of  people :  The 
astonishment,  and  amazement,  and  undoing 
of  almost  all,  but  of  those  vile  wretches  who 
would  have  had  the  plundering  of  all  sides. 
If  it  had  gone  on,  how  many  of  the  noble  lords 
that  I  now  see,  would  have  been  before  this  in 
their  graves?  But  1  forbear  going  any  further 
in  this  tragical  reuresentatioo,  and  desire  only 
to  observe,  that  though  it  has  been  discovered 
above  a  ^year,  how  very  little  of  it  we  yet 
know  ;  and  1  do  appeal  to  your  lordships'  con- 
sidpration,  who  know  the  state  of  the  world 
Tery  well,  whether  there  be  any  country  in  it, 
either  band  or  free, -which,  had  they  discovered 
but  a  fifth  part  of  what  we  know  of  a  plot  of 
this  nature,  woukl  not  in  a  week's  time  have 
found  means  to  t;et  to  the  bottom  of  it.  How- 
<*ver,  my  lords,  I  still  commend  your  modera- 
tion ;  and  do  hope,  that  we  shall  never  find 
reason  to  repent  f>f  it,  and  that  this  little  which 
is  now  doing,  will  be  a  warning  toconspurators, 
not  to  provoke  further  the  patience  of  an  in- 
jured nation. 

I  doubt  not  but  upon  this,  and  all  other  oc- 
casions, your  lordships  will  be  ready  to  stand 
by  a  wise,  a  j^ood,  anil  a  merciful  pnnce ;  and 
that  you  will,  according  to  your  oaths,  defend 
him  aefainstall  treasons,  and  traitorous  con- 
spiracies whatsoever. 

Aod,  in  the  last  place,  eive  me  leave,  as  a 
Christiau  and  a  Protestant  oishop,  to  hope  you 
n  ill  do  your  best,  that  a  Popish  Pretender  may 
never  l>e  set  at  the  head  of  this  Protestant 
Church:  One,  who  must  think  himself  bound 
in  conscience  to  destroy  it ;  and  instead  of  that 
i)i:re  rHigion  which  we  now  enjoy,  bring  in 
horrible  superstition  and  idolatry,  nonsense  and 
tyranny ;  attended  with  all  the  sad  calamities 
which  Popish  piinces  always  have  brought, 
und  always  must  bring  upon  Protestant  coun- 
tries.* 


*  Besides  Willis,  the  only  bishops  who  are 
mentionetl  in  the  I^liauientary  History  as tdc- 
log  part  in  this  debate  are,  against  the  BiU  Om- 
treli  bishop  of  Cheirters  andiofitfOuroftlMBiUr 


After  whom  the  Duke  of  WhwrUm  ipoke  s 
follows : 

Some  words  which  have  fallen  fironi  the  n 
verend  prelate,  who  spoke  last,  have  made  i 


Gibson  bishop  of  Luicoln.  This  1  conjectui 
should  rather  be  London,  as  it  appears  by  tli 
Lords'  Journal  that  Gibson  took  the  oaths  as  b 
shop  of  London  on  the  6th  of  May,  afW  wliic 
no  bishop  of  Lincoln  appears  to  have  attende 
the  House  until  December  10,  1723,  on  whic 
day  the  House  met  merely  to  be  prorogoec 
Ou  the  next  meeting,  January  10th  following,  i 
amiears  that  Reynolds,  Gibson's  aucceaorii 
the  see  of  Lincoln,  took  the  oaths. 

But  it  seems  Hoadly  (at  that  time  bishipaf 
Hereford)  under  the  signature  of  Britansoi, 
published  in  the  London  Journal  several  pifm 
respectmg  these  proceedings  against  Alttthsy 
and  his  associates,  of  which  papers  tfaktsa 
were,  in  this  same  year  1723,  republisM, 
(they  are  also  inserted  in  the  folio  editioB  of 
Hoadly's  works)  in  a  thin  folio,  with  the  title 
of  «<  Remarks  on  the  late  Bishop  of  Rocbci. 
ter's  Speech,  at  the  Bar  of  theHouae  of  Lonti, 
being  a  collection  of  all  the  papers  fniblisbcdiB 
the  London  Journal  upon  that  occasion  by  Bri« 
tannicus."  They  are  written  with  much  aeole- 
ness  and  cogency  of  argument,  and  with  vd- 
snaring  hostility  towards  Atterbnry.  The  con- 
cluding raper  will  exhibit  the  styfe  of  coopo> 
sition  which  pervades  the  whole.  It  is  as 
follows : 

*«  Upon  the  Review  of  the  hite  bishop  of  Rs- 
cbester's  defence  of  himself  from  the  ebtifli 
laid  against  him,  an  olwervation  or  two  oAr 
themselves,  which  1  cannot  forbear  to  dwell  i 
little  upon,  belbre  I  quite  take  leave  of  the  sab« 
ject.  The  first  which  occurs  is,  •«thatpill 
can  sometimes  transform  a  man  of  the  biigfatoil 
parts  into  one  of  the  opposite  character ;  wi 
put  the  witty  and  ingenious  upon  the  level  willi 
the  dullest  and  heaviest  of  morUls."  If  wi 
were  to  comprehend  the  whole  of  the  late  K* 
shop's  answer,  in  the  shortest  compass,  il 
might  be  all  rightly  expressed  in  the  one  siojil 
word,  <  forcpery,'  repeated  over  and  over  aguii 
andapplieflequally  to  every  particular.  Fori* 
stance— Q.  What  account  do  yon  give  of  IIm 
three  treasonable  letters,  which  plainly  descrih 
you,  as  the  person  who  dictated  them  ?  in 
Forgery  between  a  great  minister  and  anolbei 
«Q.  How  can  this  be,  when  it  appeara  Ih 
other  person  was  not  known  to  that  great  ■!• 
nister,  till  three  months  afler  these  letters  mm 
intercepted  P  A.  Forgery  notwithstanding  tki 
seeming  impossibility .—Cl.  How  came  tbejt 
be  written  in  Mr.  Kelly's  hand  ?  A.  Fofgwy.  I 
they  were  so,  it  is  very  well  known  that  tbff 
hat  been  such  a  thing  as  an  exact  imitatMMi 
another  man*s  hand. — Q.  How  came  an  ift 
swer  to  these  letters  from  abroad,  to  bo  It 
cwved  here?  A.  Forgery.  Jt  wascontrifvdfl 
The  answer  was  first  made  here,  noil  Ml 
abroad,  in  order  to  be  intercepted  when  it  iMI 
2«»tJw«k.— a.  But  bow  ia  this  poasihio,  «ki 
Mr.  Mllyi  whom  yoa  tliU  treat  at  jour  ftlfli 


and  aihen^Jor  a  Treasanahle  Contpiracj/.  A,  D,  1723.  [666 

I  fihuiild  mistake  his  meanint^,  I  hope  he  fvilF 
i^et  me  right)  he  was  pleftseil  to  say,  that  per^ 
flona  Tviihoui  doors  ^ruukl  he  apt  to  c^^i  differ* 
eiYt  rf'ftec.iicjris  on  the  |>ftrticuliir  betiuviour  of 
evrry  lord  this  day  :   That  those  who  wer«  for 


rfefimf  niratitrf*  ii«?C€saary  for  me  to  trouWe 
jmif  tordtbtps  with  the  reasons  thalinduccd  me 
tu  iliflrr  with  hint  in  opinion,  and  to  give  my 
jiftfiu»e  to  the  UtU  now  dcpcndinier  het'ore  un. 

HI  douH  mtsundprslaod  his  lordship  (and  if 

1        ■  I     I-  ■  1   -  --  — ^ 

aM  for    .        7    vtr  himself,  and  ordired  a 

fiHiid  lo  r  rs  ?    A.  Forgery.  Th»«  is 

•y  ajiswftt  ^ni;,  .,  ahaul  thuiUiiig  myself  oh- 

Ifid  to  account  for  all  difficiiUie^. — Q.  Hotv 

nmf  tUt-  t<^]t»^r  directed  to  Dubois,  to  t)e  found 

?     A.  Forgery  again.     They, 

t     f-re,  kiioiT  h^t  who  ordered  it  to 

a    ihiiher.— ti.    How   coold  it   be 

t!io«c,  v%lio,  as  you  yourself  ob*erTe, 

what  use  to  make  of  it? 

,     ■-  -I  u|Hiii  it.— Q.   But  how 

U»\  L  the  same  seal,  which  was  after- 

[i  a  letter  acknowledged  by  yourself 

i   owof     A.  MiuiiHierial  forgery-     I 

I  uoi'ihal  thei*e  huHbeen  such  a  tiling, 

f  orj^inifooe  seal  from  ihein^pre*- 

This  in  my  answer, — I  viiJl 

'.  luuie  nuetJiions,  since  we  ai-e  sure 

ti»werto  them  ull,   (weie  they  tea 

'  tbao  those    already    uamed,) 

id  end  in  nothing  but  the  same 

*€au  any  little  geoiust  from  this  time,  ever 

nti  rrpty  to  ihe  most  pt^rplexiu^  dilticulty, 

I  wltii)  «o  great  a  geoius  bos,  in  his  own  ex- 

'  ifliplr,  khewn  the  easy  exi^^dient  of  havinir  one 

ibJ  ihe  i,amc  word  eonstaniiy  at  hand  ?    What 

^  icfNuuiou  i:an  ever  bervalkr  touch  any  mortal 

I  M  the  lowest  form,  when  a  person  ol  exalted 

' '  »ls  h»^  Uuk'bt  lilni  to  think  it  sufiicipnt  to 

lofanacci  *  v  tlie  ie()e- 

I  word,  wl  ("S  neither 

:iig  either  l«n  mc  invention,  or 

lit  4  !   tt  P     But)  instead  of  envying 

^  lMif|fMMr>^  iittd  the  irresistible  force  of  such 

I  ttiaalBV  1^'^  V    who  Clin  forbear  lo  wonder 

liiii  ^  iwi^r*or>  *»udowed  with  such  a  fruitfulness 

•Tit.  trid  auch  a  nimble  vivacity  of 

V  latclv  so  celebrated  for  unpa- 

*i,  could  content  himself  with  so 

vjified  a  reply  to  every  thing; 

oji  hi«i  greot  soul  to  a  uietbod,  which 

open  to  the   meant^t   unden; landing, 

ity  laymanofthe  uiOHt ordinary  C»imcHv; 

»  may,  ujiun  the  like  occasion,  eternally 

t  lui^ery,  tbrgery.     Nay,  (what  is  per- 

'  in  iho  opinion  of  Hotiie)  take  any 

f  now  left  hchinii  upon  the  bench» 

eiti«^as  mtan  »nd  contemptiblct  a« 

[or  wiitiei^t  of  tins  gredl  man's 

bave  lalely  invented  for  ihen»,  in 

ike  ttietr  heroes  di«itrestcbaracter«  and 

cause, — Take  such  an  one, 

mto  ilieir  idol's  fhnce ;  and  try 

}'MmwTah  tii«  Mme  mieations,  and  see  if  he  could 

Ij  •siaiii»r  f  tiCQ  a  charge  with  a  le««  iuge* 

or  a  Icsi  happy  variety  of  expreaatonf 

^  llBti  Una  gttir«ck  of  wil  and  ciratory  and  (loetry 

■  ll«t  wbr  do  1  meDtioQ  tbatbecichi  uuleMto 
ilf    TJfihappy  bench  I  if  lb«  patnLiogs 


Ilia 


4 


bestowed  upon  it  hy  some  late  hands  lie  naturat 
anil  jna — ♦*  Uutiappy  hpf»ch  !  ahaadoned  hy  all 
tlie  graces,  und  the  muse»>,  nt  thot  moment 
when  Ihe  late  bishop  of  Rochester  rf? moved 
from  it  1  Unhappy  bench  t  forssikeu  now  by 
all  the  wit  and  politeness  which  once  adorned 
it  !'* — But  as  these  strokes  td  satire  have  fallen 
upon  it,  for  virtue  and  our  country's  cmiu^,  all 
we  of  the  laity,  who  love  virtue  and  our  coun- 
try, will  rather  say,  let  the  churmsof  wil,  and 
song,  and  epigrain,  perish,  when  justice  niakca 
itsdeaiands. — And  let  ii  he  an  eternal  glory 
to  that  bench,  to  have  joined  in  the  open  de- 
testation and  punishment  of  knavery,  dissimu- 
lation, perfidy  to  God  and  man,  falshood  to 
word  and  deed ;  and  perjury,  the  deepest  of 
crimes  against  religion  as  well  as  society.  If 
such  a  conduct  has  led  the  enemies  of  the  pub* 
lie  to  speak  meanly  of  them  ;  1  hope,  and  dara 
say,  there  is  not  one  of  them,  who  tsi  not  ready 
to  "reply,  **  that  he  had  much  rather  be  repre* 
seated*  by  $ucb,  and  upon  such  an  account, 
under  the  lowest  of  characters ;  than  to  pur^ 
chase  the  reputation  oi^  great  abilities,  at  tha 
price  of  ruin  to  his  country,  and  scandal  lo  bis 
prolession*"  That  good  man  \i  bo  now  presides 
iu  the  see  of  Rocbti»tcr,  has  experienct^d,  in  a 
particular  manner,  the  tnatevoknce  of  witleta 
intiitisy.  He  is  above  it  atL  And  it  rs  enough 
10  say  of  him,  what  thousands  in  this  city 
know  to  be  true,  that  he  never  had  (I  will  not 
say,  a  crime,  but)  a  fault  laid  to  his  charge  by 
tnalice  itself,  litl  he  succeeded  Dr.  A,  at  Roh 
chester  ;  and  that  through  his  whole  life  his 
character  has  as  far  outshone  that  of  another, 
(now  only  so  much  extolled  hy  a  few  A  as  Ihe 
charity  aVid  humility  of  a  Christian,  the  ^wA 
Judgment  and  sound  Jenrning  of  a  diiine,  tha 
exemplary  labours  and  jirudent  conduct, as  welt 
as  useful  preaching,  of  a  parish  minister,  ex* 
ceed  the  turhuleacy  of  ambition,  (he  flourishes 
Qf  wit  or  poetry,  tlu*  |>arty- management  of  an 
heated  brain,  the  flames  of  passion  opposed, 
and  Ihe  fatseuess  of  un  aspiring  spirit  ungoverti- 
ed  by  any  thing  but  a  miitaken  cunning*  If 
any  thing'of  this  seems  too  set  ere,  kl  them  an- 
swer  for  it,  who  could  find  no  other  way  of 
raising  their  great  inao*s  character,  but  by  de- 
pressing that  of  lereater  and  belter  ;  or  of  pay- 
ing Iheir  honours  to  him,  without  scattering 
abroatl  their  iuhiuious  abusrs  upon  others. 

♦*  J  rtfturn  fWun  tbi<«  short  di^resiiioi^  to  tha 
observation  which  M  me  lo  it.  And  if  any 
on<Jnowask,  how  it  came  lo  pass  (hut  no  da* 
fiflice  rem»iined  to  a  man  oi  unco  nun  cm  inven- 
tion, and  abilities,  but  the  one  rejwialed  excuse 
of  forgery  ;  there  can  he  but  one  answer  to  this, 
tIk.  that  guilt  alone  could  be,  out!  theretbre  was, 
the  true  cau<*e  of  il :  Guilt, — which  cnei  valea 
all  Ihe  powers  of  wit  and  elcKiueuce:— iiudt» 
which  can  briag  dowti  ihe  brighial  lo   lUa 


4 


667J 


9  GEORGE  I.  Proceedings  agnind  Bhhop  Altahury^  [fl 


the  passing  of  this  Bill,  would  be  accused  of 

inalice  anil  partiality  \    autl  liiuse  wLu  were  of 

•  coutrury  seuliiucnls,  vvoulJ   Ue  brnivdetl  with 

tdisaffection  tn  the  (iresent  bafifiy  efit»blri<binei)t. 

froTeling  estate  of  the  heaiicst  \ — which  can  re- 
uce  a  man  of  the  finest  fire,  anil  spst»kliiitf  in- 
5enuity«  to  a  condition  little  aUovi^  tliut  of  the 
nil  and  stupid  ;  and  can  force  ti[*on  n  superior 
[l^enius  the  necessity  of  stoopiug  ^s  luw^  as  Ibe 
[  lo««  est  of  common  loortak ! 

*'  But  there  is  nnotlier  observation,  which  hns 
I  been  continually  present  to  my  mind,  through 
[ibis  whole  transaction,  and  ihrou£rh  every  Ktep 
rot  the  bite  Ilisbop's  defence,  *  M  he  uas  re- 
]  ftoived  thai  forgery  should  be  his  one  oud  only 
g;e,  it  cannot  hut  he  csteenaed  a  certain 
of  hi!i  (juilt,  that  be  nercr  onte  ebarf>-ed 
Uj  part  of  it  upon  K<  11  y  ;  but,  on  the  con- 
rarv,  always  seeiDeil  solicitous,  upoii  ei-ery 
I  the  leant  occdsioti,  to  declare  his  absolute  free- 
I  4om  from  all  suspicion  of  ibat  sort.'  And  per* 
I  liapSf  there  may  be  more  in  this  remark,  than  at 
L first  ibere  seems  to  be.  For  thus  stands  it»e 
J  ca^*  H  e  »  as  accused  of  h  lg[h  -  treason,  in  cor- 
ijesponding'  \s\i\x  the  Pretender,  and  the  Pre- 
liender's  agents.  This  correspondence  Mas 
[prOfed  principally  hv  letters  written,  and  proved 
[la  be  written,  in  Kelly's  b»mL  Kelly  nas 
[  #wne4  to  be  a  friend  and  acquaintance  of  the 
LBishop*s.  The  marks  and  characters  in  the 
ktlers  were  acknowledged  by  the  Bishop,  to 
[pttint  hioiself  out  pretty  stron^fly.  He  often 
[•aid,  they  must  be  written  by  one.' who  narrow- 
lly  watched  the  circumstancs  of  bmiself  and  his 
fwrnilj.  And  the  Lords,  at  whose  bar  he  now 
I  ilood,  bad  before,  by  a  solemn  jutlj^ment,  de- 
ll^lared  themstlves  satisFieil  that  those  letters 
(were  the  hand- writing:  of  Kelly.  The  plea 
I  then,  which  naturally  otTered  itself  to  the  late 
I  Bishop ;  and  which  must  have  bod  its  due  force, 
ind  that  a  very  g-rcat  one,  if  it  couhl  not  have 
l|>eeo  diapmved,  v»as  this:  *  My  lords,  no  one 
[is  answeruble  tor  letters,  ^ bicb'  anutber  may 
^take  upon  him  to  write  in  his  character  ;  unless 
■  lie  can  be  [iroved  to  have  directed  the  writiiij^ 
I  of  such  letters.  Were  it  otherwise,  the  most 
I  Innocent  men  in  the  \rorld  would  be  the  prey 
I  ftnd  sacrifice  of  the  wickedest  and  vilest.  These 
[klters  are  proved  to  be  Mr.  Kelly *s  liand- 
Ivirnting;:  and  you  have  so  judged  them  to  lie, 
[He  was  acquainted  enoui^b  with  me  and  my 
[family,  to  kuo^v  and  fmd  out,  ancJ  mark  those 
(several  circumstances,  whirb  appear  in  these 
['letters  to  centre  in  me.  t  liave  h«d  no  part  m 
ribeiii*  I  never  dictated  a  sentence  to  Inm*  I 
I  charge  him  with  lorpn^f  a  correspondence  in 
Fsny  name.  At  leasts  as  v'lur  lordships  have 
f  d»^clared  liim  guilty  of  writ lo^^  this  treason  ;  I, 
llrbo  kiiommy  own  innocence,  have  a  ri^ht  to 
I  feat  my  cause  upon  tiiisi  thai  he  wickedly 
J  frrote  tnem,  snd  «cnt  theut  away,  and  received 
^loswers  to  them,  witlnrnt  my  firuiiy^  or  my 
ieariosT  the  least  part  in  the  whole.  And! 
hope,  l  am  not  aoswerable  for  what  be,  or  any 
•cquaintaoce  of  mine,  might  forge  in  ray  name, 
to  help  their  own  eauie,  or  to  carry  Vor ward 


For  my  part^  I  am  f«r  from  ihinkiii^^^ 

considerations  of  this  nature  will  have  ihv  1 
weight  with  any  of  your  loiilshi|i8 ;   andi 
very  certain,  that  f very  one,  whogire»  his  i 

pui-poses  uf   their  own,   utterly    unknown  l» 
me.' 

**  \n  this  indeed,  there  had  be^o  cnme  \ 
and  1  will  add,  some  strength  toi> ;  li  Mr.  K4 
rould  not  have  disproved  it  by  a  full  di.«ci]T« 
\\m\  %\ua  lay  so  fairly  in  the  way,  that  it  f 
not  have  been  over-looked,  or  avoided 
innocent  mau.  But  when  the  hite  Bitii 
through  bis  whole  defence,  was  seen  cawtida 
to  g-uard  Against  even  every  distant  in&inu 
of  this  sort ;  nay,  to  ftppeur  anj^ry,  if  ever  ( 
counsel  for  the  Bill  alle^eil  that  tf  these  left 
wtre  for;^ed,  tt^must  have  been  done  by 
Kelly  ;  and  to  cry  out.  No,  no, — no 
any  thought  of  that  w>rt :  wheii,  iiwte 
^  which  WAS  the  only  natural  plea,)  the 
ters  were  to  Ijc  loaded  wiih  every 
whole  mass  of  forgeries,  though  in  I 
supposition  absurd,  and  in  the  execntiSIl 
|»ossib!e  ;  and  it  was  all  to  be  deckre^ 
histcria)  Ibrj^ery,  antl  nothing  els« — wbeo  1 
is  the  case,  1  say  it  mu«it  presently  raise  IB 
eni^uiry,  w  hence  *cau  this  conduct  urocad? 
w  hence  could  it  be,  that  a  peraoo,  who  codd 
not  but  see  such  a  ple«  lie  before  him,  sboaM 
refuse  all  aid  frojn  that,  and  content  biiafltf 
with  another;  which  is  neither  credible,  ttor 
|M)ssiblp^  considering-  all  circumstances?  h^ 
with  regaip<l  to  this  enquiry,  1  can  neither  firnl 
out,  nor  conceive,  any  other  answer,  ti 
^uilt  made  the  plea  impracticable  ^  tl 
knew  thai  be  was  not  innocent ;  and  iinu  U 
was  justly  afraid  that,  upon  such  a  pnWil 
charj^e  ag-ainst  Kelly,  bis  friend  could  notl~ 
silent,  hut  umsi  inevuably  declare  the  truth. 

*^  in  return  therefore',  to  tlmt  consomo 
sedate  assurance  with  which  Mr.  Keliy  had  i 
leranly  denied  himself  to  have  any  snicb  alT 
a.H  these   with  tb^  late  bishop  of  ItocbeMff  t 
that  llishop  could  do  no  less  than  avoid  r.v.x  '"^ 
slightest  iiisiiniifllions  at^aiost  ao  leentlexij.: 
a  Iriend,  who  had  out-faced  truth  in  *"  ' 
some  a  manner^  rather  than  hurt  his  pnn 
But  nut  only  this  5  (tur  this  alone  wool  1 
!iave  prevented  a  criminal  from  loaki' 
of  the  only  ijood   plea  in  bis  way ;)    r 
own  danger  made  bim  reject  it ;  and  ihf  •^'' 
consetpu'uces    to    bimsell'  from    liis    m-l-^'Z 
use  ot  it»  presttntinir  themselves  to  hjv 
atfiij^hted  bun  from  it.     And  that  it  t 
nothing''  tdse^  appears  from  hence.     If  t 
bishop   bud  known   himself  to  have  bt . 
Cecily  iuDoeent  of  alt  such  detii 
be  hud  then  notliing  to  tear   i 
of  that  circumstuoce  of  Keii>  .>  vinuug 
letters,  (already  judi^etl  so  by  the  Lords)  to  1 
own  advaiiU!4o  ;    and  pleadiuj^  the  gi-eat  1 
cJ-ying  injustice  of  bis  sutferiuw"  for  what  1 
ther,  8  professed  Jacobite,  had  written 
name,  for  the  service  of  the  Pretender *a  call 
And  if  Mr.  Kelly   had  lieen  angry  at  tbii,^ 
was  uolblng  to  the  pirUte^  (theu  upon  biai ' 


piiyjij 

DOtM 

ith.fl 


I 


0G9]  UMid  (dhers^for  a  Treasonable  Conspiraet/* 

OB  this  important  occasion,  has  attended,  with 
the  dfreatett  care,  to  tlie  evidence  that  hath 
ben  ipven  at  your  bar,  which  is  the  founda- 
tion of  this  day's  debate. 

The  proofs  that  have  bern  brouc^ht  to  sup- 
port the  charge,  and  the  Bishop's  defence,  are 
lobe  thoroughly  cousidcrcd ;  and  ubco  your 
lordships  pn»reed  according  to  the  rules  of  jus- 
lice,  you  will  nut  fear,  nor  value  any  conse- 
finoes  which  may  attend  the  discharging  .of 
jiar  duty.  '  * 

8s  far  1  will  venture  to  afiirnn,  that  the  best 
nj  to  shew  our  zeal  to  his  majesty,  and  the 
pMot  givremioent,  is,  to  act  in  all  ca^es,  both 
■  oar  judicial  and  legislative  capacities,  with 
Hat  honour  and  impartiality,  as  ought  to  flou- 
ridi  in  this  gfreat  council  of  the  nation. 


A.  D.  1723. 


[670 


a  very  grievous  accubation,)  who  could 
iceeive  no  hurt  from  his  displeasure,  if  his 
breast  was  free  from  all  consciousness  of  q^uilt. 
But  if  he  felt  within  himself  the  stinvfs  of  guilt, 
Ibeease  was  otherwise.  For  if  he  liad  accused 
Mr.  Kelly  of  so  gross  a  crime,  as  forging  a 
crininal  correspondence  in  his  name,  antl  to 
bii  destruction,  unless  detected ;  the  ^'oiitle- 
Ma,  who  in  so  composed  a  manner  hud 
tncrlv  denied  his  own  band- writing,  and  in  so 
fnttAy  a  manner,  had  gone  out  of  \m  way  to 
Mad  the  late  bishop  more  than  himself,  could 
Mtbare  borne  an  imputation  of  so  much  vile- 
aw,  as  that  of  forgery  to  ruin  this  threat  man  ; 
bit  mast  have  lieeu  provoked,  (and  justifioil  in 
khj  all  the  world,)  to  have  made  the  fiillest  dis- 
ttitfv  of  the  whole  affair :  and  this  must  have 
nU  in  the  utter  confusion  of  his  principal, 
tbeogb  in  nothing  worse  to  himself  than  \s  hat 
Vv  already  decreed  a*;ainst  him. 

*'  And  therefore,  it  may  unanswerably  l»e  ar- 
(smI,  iruilt  alone  made  the  late  bisliop  rather 
cbnie  the  popular  iiifl:nnin:i^  topic  of  iu;iiiblt;rial 
^icfcedness,  from  which  he  hoped  for  some 
■mil  chance  of  good  to  himself;  than  that 
wber  plea,  from  which  (not  being  innocent)  he 
Wdanthing  to  hope,  but  his  own  ruin,  without 
l^sdresi,  or  at»o!ogy.  And,  upon  the  u  hole. — 
k,  who  to<»k  nut  one  of  those  methods  of  de- 
Tctte,  which  innocence  could  not  but  have 
tikea; — he,  who  throughout  \m  trial,  chose 
tee  methods  of  defence,  uliirh  giiiit  alone 
^U  make  necessary,  or  plausible  ; — he.  who 
wl  DO  reply  lu  make,  but  \«  hat  was  always 
-Wm  from  a  gniss  inii»ut>ition  upon  niini-iters, 
^bich  plainly  appenrpil  to  bi>,  i:i  i;M>lf,  ciiMra- 
Vidian,  and  im|M>bsd)llity  ; — sn<'ii  an  (mic  must 
bsesrteemed  guilty  ;  or  dsc,  (as  I  ii  i\c'  hud  oc- 
^Mioii  to  observe,  in  other  [laris  of  tiiis  cause,) 
hfaation  and  reality,  trulli  imd  faislio>>d,  for- 
to^J  and  just  e«idcnce,  mtist  be  arcoiuitcd  the 
^Mt;  and  never  he  distinguishi'd  from  one 
-jHlkerv  io  all  judiriul  alfairs ;  which  (-u:i  end 
h  aathiPg  but  first  confusion,  and  then  the 
iNri  diasolutiou  of  all  the  IihU'Is  of  liuin-iu 

liltlTANMCLa.'* 


.f  Hoidlej  for  a  iwriud  of  a  mile.*'    Pope's 


I  could  ha?e  wished  (he  noble  lords  w!io 
have  given  their  reasons  for  the  passing  tliis  ex- 
traordinary law,  would  have  entered  into  the 
particular  circumstances  of  this  case,  and  con- 
sidered it  singly  on  its  own  merits:  But  in- 
stead of  speaking  on  that  head,  I  cannot  but 
take  notice,  that  they  have  wandered  from 
that  (which  ought  to  have  been  their  oidy  con- 
sideration) into  learned  discourses  on  Bills  of 
this  nature  in  general. 

I  shall  not  trouble  this  House  with  any  ar- 
guments against  attainders.  Many  lords,  of 
greater  weight  and  abilities  than  myself,  have 
already  spoke  fully  to  this  |K>iut  in  the  preced- 
ing debates. 

I  shall  only  so  far  agree  with  the  reverend 
prelate,  who  spoke  before  me,  that  it  is  proper, 
that  such  a  power  of  punishing  by  Bill,  should 
be  vested  in  the  legislature,  to  be  exercised  on 
extraordinary  emergencies :  But  then  1  must 
add,  if  ever  that  power  is  abused  :  if  ever  it  is 
employed  to  destroy  innocent  persons,  it  is  evi- 
dent, that  the  lives,  liberties,  and  fortunes  of 
every  subject  in  Britain  are  in  the  utmost 
danger,  and  liable  to  be  sacrificed  to  the  fury 
of  a  party. 

It  hasheen  admitted,  that  every  Bill  of  paina 
and  |>ena1tie8  is  to  stand  upon  its  own  bottom  ; 
and  th«it  the  passing  of  one  act  of  this  nature, 
is  not  to  be  brought  as  a  precedent  for  the  sup* 
porting  of  another,  unless  there  be  convincing 
evidence  to  enforce  each  case.  And  therefore 
the  proper  contsideration  .now  before  us,  is. 
Whether  the  evidence  offered  against  the  un- 
fortunate prelate,  is  sufficient  to  induce  your 
lordships  to  believe  him  guilty  of  the  heavy 
crimes  of  which  he  stands  accused  ? 

My  lurds,  1  shall  take  the  liberty  of  con- 
sidering the  whole  proofs  that  have  bet>n  brough  t 
on  this  occasion,  both  by  way  of  charge,  de- 
fence, reply,  and  rejoinder ;  and  though  I  own 
m\sc*lf  very  uue<piul  to  this  t;i<^k,  yet,  since  no 
other  lord,  who  rouhl  do  it  much  better,  has 
undertaken  it,  1  think  it  my  duty  as  a  peer, 
and  as  an  Englishman,  to  luy  it  before  your 
lordships  in  the  l>est  manner  1  am  able. 

The  method  1  shall  ulisprve,  for  the  more 
clear  statinuf  of  the  oasp,  shall  he  to  lay  every 
particular  liraiich  of  evidi.M)ce  before  you,  and 
to  flistinu-uish  the  several  parts  of  the  accusa- 
tion, and  consider  them  separalely,  to  avoid 
confusion,  and  to  be  the  more  exact  in  what  I 
have  to  orier. 

I  hope,  I  shull  have  your  lordships*  indul- 
gence f.>r  taking  up  so  much  of  your  time  as 
this  will  reijuire :  But  1  a«;sure  you,  1  shall 
endeavour  to  be  as  brief  as  the  nature  of  the 
thing  will  admit,  and  will  intrude  on  your  pa- 
tience as  little  as  possible. 

1  must  also  desire  your  lordships  will  pardon 
me,  if  1  repcut  several  arguments  that  have 
lK.'on  used  by  the  counsel  at  (he  bar  ;  and  if  I 
even  mention  some  things  which  fell  from  ma 
in  the  debate  on  Mr.  Kelly's  Hill,  whose  case 
is  very  nuich  interwoven  with  the  present ;  bo 
that  it  is  almost  impossible  to  avoid  it. 

Before  I  go  any  ftirther,  I  cannot  but  say, 


GEORGE  I.  Proeeedingt  against  BUkop  Atterhury^  [672 

deanery  with  the  Bishop  before  he  emhuiud. 
There  mre  also  two  letters  fouod  in  the  Bithop't 
dose-stool,  from  this  ^enileinaii  to  hit  lordshipp 
whicli  were  read,  and  are  only  appointoieots 
for  visits,  but  iDPotioo  notbini^  of  this  desi^ ; 
and,  I  think,  there  wasacoachioau,  that  prored 
Halstead  was  an  hour  with  him  some  days  be- 
fore he  left  London. 

This,  my  lords,  was  opened  as  a  matter  oF 
great  importance :  but  your  lordiihips  must  re- 
member, that  the  supposed  design  of  Hal<(tead't 
brining  the  late  duke  of  Ormood  into  Enip- 
lond,  is  only  proved  by  hearsay.    One  of  tbs 
crew  belonginsr  ^^  >he  ship  in  which  he  wesl^ 
has  deposed.  That  it  wa$  the  common  reportal 
Bilboa,  that  Hdlslead   came   there    on  Ibl 
errand. 

How  far  common  fame  is  to  prerail,  1 
submit :  but  if  this  hearsay  were  tme,  ii 
every  person  who  was  an  hour  with  tbisi  gfco- 
tleroan  before  his  departure,  supposed  to  bs 
privy  to  this  project  ?  And  what  a  straind 
constrnction  is  it  to  insinuate,  the  bishop  ofRs- 
Chester  knew  of  his  intention,  because  be  re- 
ceived a  Visit  from  Halstead,  who  was  a  teniot 
under  his  bishopric?  And  this  is  the  more  ex- 
traordinary, since  it  has  not  been  so  much  is 
pretended  that  any  correspondence  has  pa*iai 
between  the  reverend  prelate  and  the  bis 
duke. 

They  then  produced  letters  directed  to  one 
Dumvill,  which  were  decyphered.  And  Mr. 
Willes  was  examined  to  prove,  that  they  wcrf 
rightly  and  justly  explained. 

'My  lonlv.  it  very  well  deserves  your  loid* 
ships'  consideration,  how  far  this  kind  ofefi- 
dei>cu  is  to  be  admitted  :  it  has  appeared  to 
your  lonisliipij  by  the  oath  of  Mr.  AVilies  bin- 
self,  that  it  is  an  art  which  depends  uponconjee- 
tnrc ;  for  this  gentlemau  has  confessed,  tbat 
every  man  is  liable*  to  a  mistake  in  tiiis,asweH 
as  in  other  sciences.  He  tells  you,  that  besni 
his  brother  decy  phercr  varied  in  one  or  tvro  in- 
stances: he  allows,  that  the  chasms,  wbich 
they  were  forced  to  leave  in  those  letters,  voiv^  ■ 
alter  the  sense  of  them.  And,  therefore,  I  eta-  ^ 
not  but  think,  that  an  accusation  grounded  oa 
such  proofs,  is  uncertain  and  precarious. 

The  person  who  is  the  decypherer  is  not  Is  \ 
be  confuted,  and  what  he  saya  must  be  takfi  < 
for  granted,  because  the  key  cannot  be  prodnoid  ' 
with  safety  to  the  public  ;  and  cooaenuentlj  f^ 
his  conjectures  be  aiimitted  to  be  evidence,)  o# 
lives  and  fortunes  must  depend  on  the  skill  aad 
honesty  of  decypherer?,  who  may  with  safety 
impose  on  the  legislature,  when  there  are  no^ 
means  of  contradicting  them,  for  wantof  aeeiDf 
their  key. 

Ny  lords,  in  the  case  of  Coleman,*  the  kef 
was  printed,  as  has  been  well  observed  by  tw 
counsel  at  the  bar ;  and  1  am  verv  much  wot* 
prized,  that  gentlemen  of  such  abifities  and  hi* 
tegrity  as  the  members  of  the  secret  comnil- 
tee  (whO)  in  another  place,  were  en  exact  as  Ii 
print  the  French  originals  with  the  tranriitai 


tKo  wi*^  ;*^^r  crmw  plainly  prored  against 
jIw  H^rh^r  ti  R.^coester,  his  sacred  fanction 
K.nr  «;wv.r .«!  '.Iitf  Church  would  be  aggravations 
/>  *hi^  4-c  X  ^ at  as  this  is  certain  on  the  one  hand, 
10^  At  :N«f  «(b«r,  your  lordships  will  require  very 
«i<it;-  u^tivHislration,  before  yon  can  think  it 
^*«0ibiV  for  a  bishop  of  the  Protestant  Church 
.  wh«>  has  sigualised  himself  in  defence  of  the 
Reformation,  and  the  only  one  of  tbat  bench 
^her^  he  had  lately  tlie  honour  of  sitting,  that 
ever  wrote  in  favour  of  Martin  Luther)  to  en- 
gage in  a  conspiracy  for  introducing  Popery 
and  arbitrary  power  amongst  us. 

My  lords,  the  counsel  for  the  Bill  opened  the 
charge  with  acquainting^  the  House,  that  it  was 
only  to  be  snpporteil  by  producing  of  decy- 
phered letters,  full  of  fictitious  names  and  cant 
words ;  they  were  so  very  fair  as  to  confess, 
they  had  not  one  living  witness  that  could 
charge  the  Bishop  with  any  thing,  nor  even 
so  much  as  a  letter  under  his  o\vn  hand  ;  there- 
fore, on  the  first  view,  this  manner  of  con- 
demning, on  such  kind  of  evidence,  ought  to 
require  cor  utmost  caution,  lest  we  should  es- 
tablish a  method,  which  our  enemies  may  here- 
after t-ike  to  destroy  the  greatest  and  most  in  • 
Docent  subject  in  the  kingdom. 

Mr.  Wearg  cited  two  cases,  which  he  would 
wiUingly  have  us  receive  as  precedents,  to  jus- 
*  tify  the  admitting  of  circumstantial  evidence : 
The  one  was  the  case  of  Ashton,*  who  was 
condemned  on^ circumstances  only.  But,  my 
lords,  this  was  before  the  treasion-act  was  pass- 
ed, which  requires  two  positive  witne<«scs  ;  and 
nothicg  could  induce  the  legislature  to  pass 
that  law,  but  a  thorough  convictian  of  the 
danger  that  might  attend  tiie  admitting  of  any 
proofs  which  were  not  positive  or  certain. 

The  second  caso  he  cited,  wusthatof  ilarrlsonf 
fur  the  murder  of  Dr.  Clench  ;  and  the  Icarneil 
gentleman  tells  you,  that  it  was  the  pulling  out 
of  a  handkercbiel'  that  led  to  the  discovery  of 
that  murder.  It  is  very  certain^  circumstances 
may  lead  to  the  discovtTv  id'  evidence ;  but 
must  be  well  supported  lietore  they  can  be  con- 
verted into  convincing  prootk. 

The  first  piece  o\'  evidence  that  was  ofiered 
at  the  bar,  was  the  extracts  of  letters  from 
abroad,  which  this  House  seems,  in  some  mea- 
sure, to  have  declared  to  be  immaterial,  when 
they  did  not  so  much  as  desire  to  see  copies  of 
the' whole  letters,  nor  the  originals  ;  and  even 
admitted  one  to  be  read  wbich  was  anonymous. 
But  it  will  not  be  improper  to  observe,  that 
through  this  whole  correspondence  the  bishop 
of  Rochester  is  not  named.  And  therefore  1 
cannot  see  why  they  took  up  our  time  with 
reading  papers  quite  foreign  from  this  case : 
espeAfiully,  since  every  body  allows  there  has 
been  a  conspiracj^,  wbich  is  the  only  fact  to  be 
gathered  from  this  corres|M)ndence. 

The  next  point  which  was  attempted  to  be 
proved,  was.  That  captain  Halstead  went  to 
fetch  the  late  duke  of  Ormond,{  and  wis  at  the 


*  See  it,  Tol.  18,  p.  045.       f  Ibi<i- 
;  See  his  Case,  vel.  16,  p.  lOOU. 


p.  8SS. 


»  Seek,  voir,  p.  1. 


and  oihers^/or  a  TreasonaMc  Cmspiracy, 

J  Uitltbe  world  mi^ht  see  bow  juKt  ami 
im  like  prober utors  ol  the  plot  wen?)  tliti  not 
f  lli«  tutMictkm  of  the  public,  fienutt  ut  to 
Itliekry  id  ivrmt.  on  the  triiib  of  whidi  de- 
uch  a  chain  of  con<iequc!nces. 
■  iiiyif«lf  entirely  is^norant  of  this  art : 
i  1  shonid  be  ?ery  far  from  coodemnincf 
I  on  my  own  conjecture,  I  should  much 
»4o  it  HD  the  conjectures  of  othen. 
The  gr<e«l4$fa  certainty  human  reason  knows, 
I  aMtbematical  demon^traiioa ;  and  were  I 
fh%  to  your  lurd^hif^t*  b-ir^  to  be  trfed  upon 
•  |ivp<witicin  of  fir  Isaac  Newtou*a  which  he 
tfiai  oaih  should  swear  to  he  truet  1  would  ap- 
|ail  to  your  lordships,  whether  1  iihould  not  ue 
vgovtly  ci)(id«mnedf  unless  he  pi-oduced  hi& 
iMmiBtrbUon,  that  I  might  have  the  liberty  of 
Wvirtng  iutu  the  truth  of  il,  from  men  of 
iVulaltTn? 

I  cannot  thiok  any  roan  will  allow  e? idence 
ll  ibis  nature  to  be  good;  but  If  iu  this  case, 
nlating^  *o  the  decyphered  letters  to  Dumvill^ 
jaor  loriUliipK  should  admit  ii,  there  is  no- 
llia^  mentioned  in  them  that  can  affect  the 
InlMp,  neither  is  be  at  all  named  in  them,  hot 
ik»)  are  only  brought  lo  prove  the  conspiracy 
bK«i«raJ. 
The  examinaiiona  of  Mr.  Neynoe  are  the 


A-  B.  17291 


[074 


•at  oointa  that  are  laid  b^'fore  your  lordships  ; 
^JBii  indeed^  1   must  do  the  ^mli^meu  at  the 
rilbe  jttitioe  ol  sayinff^  that  ihey  forbore  men* 
BMf  any  thing  of  them  when  they  opened 
ftcnatg^. 

"Tiey  wen?  jo  sensible  that  such  proofs 
not  liare  the  least  weight  lo  nfl'ect  the 
•pY  that  thoug^h  in  the  caseof  iVlr,  Kdly 
ll^  were  pt^uced  ag^ainst  him,  as  Tery  roa- 
IqmI  to  uipport  that  Bill,  yet  they  did  not 
lUilt  proper  lo  name  them  against  tlie  Bt- 
ibopl  which,  I  am  thoroughly  persuade*)  is 
•mag  to  what  appeared  at  your  bar  by  the 
ration  of  Mr.  Uingley,  and  the  unirerval 
\  whteh  ev^v  persim  seemed  to  have  of 
ay  of  Mr.  ^ej'OoeV  transactions. 
^loH«,  these  exioiii Options  were  never 
llij  tlio  periou,  neither  was  he  ever  exa> 
I  to  th«f»  apOfl  OAtli :  so  that  were  they  of 
ikfid  he  a  penon  of  credit^  they 
'qoI  be  admitted  to  affect  any  person 
,  in  any  court  ot' justice  or  equity,  1 
m^o,  that  they  co4ild  nut  be  read  ic- 
\  lo  tb«  smct  rules  of  Westminster*hall ; 
oil  all  sides  they  cotdd  not : 
Y  that  no  credit  can  be  gireo  lo 
\  APj«ooouDt  whatnever* 
^arMMl  was  ctoaeHf  confined,  and  conse- 
'  in  the  hands  of  th«  ifovernmeot  ;  so 
I  bt  was  ai  that  time  under  the  i^-eatestap- 
'urh  mi^lUf  in  Momc  m^Lsttre^ 
I  ipCAtcin^  truth,  with  that  stn- 
ann  candour  of  which  every  person 
bs  maiiter,  when  he  ii  ejEtminod  on 
4  aiich  nice  nature. 
Thonfli  lb«i#  papers  were  entirely  ^iven  up 

"    f4>r    lll«    Udl   Vit     tJ.P    t>^^r^,\  of 


iraaivfltndtbayar' 
«li*tg»  }  and  It 


la. 

.udi- 


cant,  the  whole  aocusalion  falls  to  the  i^und$ 
for  the  whole  proof  of  the  Bishop's  dictsting  1 
Mr.  Kelly,  depends  on  Mr*  Neynoe-s  tiare  i 
firrustioo. 

The  whole  of  what  Neynoe  says,  or  is  son 
poaed  to  say,  t5,  Lbiit  Mr«  Kelly  told  him  h 
wrote  the  Bishop's  letters  for  Uitn  :  Mr,  Kelly 
di*nies  it,  and  Mr.  Neynoe  was  so  consciouis 
that  he  had  been  guilty  of  many  crimes,  that 
he  et^t^voured  to  withdraw  from  justice,  and 
the  providence  of  Crod^  it  is  said,  mtercepied 
him. 

My  lords,  if  yon  will  consider  the  improtia- 
hiliiies  of  this  evi*lence,  although  it  were  upoB 
oath,  aud  signed  by  him,  it  cannot  be  supportinlJ 
He  tells  you,  that  he  was  entrusted  to  draw  i 
memoriafs  to  the  regent ;  yet  none  of  tho 
have  been  produced  :  and  yet  it  is  apparent  tl 
copies  of  them  mi(rht  with  ease  have  been  ob- 
tained«  if  he  had  been  as  thoroughly  pret«sed 
to  deliver  them^  as  he  was  to  declare  he  wrote 
them. 

These  memorials,  he  says,  were  wrote  by 
theorderof  Mr.  Henry  Watson*  whom  he  takers  ^ 
to  be  the  late  earl  Marishall ;  and  I  amcertaiq 
your  lordships  did  not  think  that  fact  muttr 
when  you  came  to  a  Resolution,  that  the  bisbo 
^  Rochester  should  not  be  at  lilierty  to  a^k,  i 
enquiry  was  made  of  the  said  Neynoe^  or  if  tu 
gave  any  satisfaction  to  the  lords  of  the  coun«i 
cil,  touching  that  important  fact  of  Watson's, 
whom  be  took  to  be  earl  Marishall,  \ym^  with 
him  several  nights. 

it  was  very  well  observeil  by  a  learned  \^ 
tleman  at  the  bar,  that  nobody  can  believe  th 
bte  ear)  Martshai)  vvoutd  have  repos^  an  | 
a  confidence  in  a  person  who  was  enttreh 
stranger  to  him,  and  of  such  little  note  ;    and 
tlie  Jacobite  party  most  be  in  a  low  condition 
when  they  make  use  of  such  a  creaturt  to  writ#1 
papers  of  that  importance. 

There  it  so  much  improbability  in  this  a 
other  points,  and  so  much    coutradtction   la 
sevei^l  parts  of  his  examinations,  that  they  aj 
pear  to  me,  and  must  to  a))  reasonable  men^  i 
the  dictates  of  fesr,  and  not  agreeable  to  trulb«l 

He  mentions,  ilist  the  reverend  prelate  (roN 
such  1  still  may  call  him)  had  some  fuvours  j 
offered  him  by  the  court ;  but  that  cannot  hm\ 
tru€,  aud  must  be  added  to  the  rest  of  these  ah*  ^ 
surdities. 

But,  my  lords,  what  in  my  opinion  clears  up 
all  these  matters,  and  makes  it  impossible  tops 
me  to  give  the  least  credit  to  this,  or  any  otiter I 
part  of  the  charge,  are,  the  several  testimonie 
of  Bingley,  8keenc,  and  Steward. 

I  must  observe  to  your  lordships,  that  th«l 
t^vo  first  penooa,  Bmgley,  and  Hkoene,  af«l 
a*3tually  now  in  separate  custodies;  and  con- 
sei}Uf.ntly  could  have  no  eommuntcation  on« 
with  another.  The  third  is  at  hberiy  \  but  Ins  i 
testimony  IS  ao  thoroughly  vnpptjrtvd  by  Mr«i 
Gordon  and  Mr.  Kynaston,  tbul  no  doubt  i 
arise  as  to  the  veracity  ai  rt, 

These,  gentlemen,  who  are  ui  the  hands 
the  govrrnmeoiy  ar0  under  hopes  and  fenrsfj 
and  thtrdWe,  it  is  oertaiu.  when  they  iprak  a  < 

9  X 


$7sr\ 


9  GEORGE  Z.  Proceedingi  agoinH  Buhof  Atterimpf        ffti 


L  hnqruMgt,  which  perhajM  may  be  ^tta|preeaUle 

I  Id  itioite  on  whom  ll»ey  al  preseot  cbiefly  tie* 

cod^  it  miut  be  the  snirtt  of  trulb  that  prevails, 

Mr,  Biogley  was  befspe  us  in  the  caie  of 

leity,  and  wm  also  examined  at  the  bar  of  tlie 

^Hotik.'!  of  CoinoioiMi,  though  not  upon  oath  ; 

4  ikouffh  be  his  been  wore  Mverdy  treated^ 

bt  Im   your  lorilthips,  and  more  atricdy 

nfloeil  since  bi»  firsi  eicaminauoo,  yd  he  hat 

ttsted  ID  htJi  story  :    and  thoogii  he  was  so 

J  at  your  bdr,  nnd  so  many  queatiooB  put  to 

llimi,  yet  he  uewr  varied  in  any  one  ciroum 

litance,  Hut  H(meared  consifitent  ihroug^U  the 

rhute  course  of  hit  behaviour. 

I  fthull  not  detain  your  lordships  with    re- 

sapiLulatinif  bi«t  ubtilu  evidence,  for  1  did   it 

ferv  fully  on  a  tbrmer  occasion.      But  your 

florc)jihtps  will  retnembcr,  he  told  you,  Neynoe 

ribouoiied  in  money ,  which  Neynoe  said,  (afler 

^'    was  apprehen<]€d  at  Deal)  an  honourable 

mon  (and  on  Hm  occntiion,  I  hope,  1  may 

lismehim),  Mr.  VValpole^  gave  him  :  and  more 

mrticularly,  he  mt^ntions  ^0/.  which  Neynoe 

said  he  received  the  night  before  he  went  to 

Frsncp. 

liiupley  toll  your  InrdBhips,   that  Neynoe 

I  bad  aiisur^d   him,   he  used  to  meet  ihis  ho- 

ouraMe  pt?r»oa  in  the  Sioble-yard,  at  Chelsea : 

ii»d^  my  iordu,  the  errand  ou  which  he  was 

oinir  to  France,  was,  lo  discover  some  secrets 

ng  to  cyphers,  which  he  would  have  eu- 

^  I  Bingley  to  have  done  for  htm ;  snd  par- 

Bcuhirly,  10  get  them,  if  poacible,  out  of  Mr. 

^ellV}  which,  he  said,  could  he  obtain,  would 

?of  gfraatadvi:  '  im* 

That  ^ieynof  ed  to  bimi  he  would 

>  even  with  Mi.  iv<uv,  beJbre  be  was  aware 

_  rf'  it,  or  words  lo  thst  efleotr    and  that  Mr. 

*  Kelly  alwflvg  snemed  averse  to  any  aoquaio- 

tanco  with  Mr.  Ney  uoe,  of  tvhom  lie  entertained 

a  mrait  opinion. 

That  Neyooc^s  father  refused  him  money ; 
which  makes  it  highly  probable  that  his  poverty 
was  the  oocasioa  of  hi»  villsiny  :  and  that 
when  he  was  taken  at  Deal,  be  had  dect.ired  to 
him/  Mr,  Walpole  eipected  to  lind  the  pint 
about  him ;  and  since  Mr.  Walpole  could  not, 
be  must  make  one  for  him. 

Neynoe  told  Bin^lay,  that  this  honourable 
t  'A  rowird  destruction  to  the  bishop  of 

.  bv  sayingrt  He  would  pull  down  the 
I'  I  i<  «<i  viii^  nanghty  prelate  j    which  is  Ruffi- 
ciem  to  convince  your  lord^titps  how  little  re* 
w...  I  ...  ,k,t  14,  t^  hmj  IQ  |j,e  hearsay  evidence 
J  wretch. 

^nd  I 

n  (as 

•  the  same  jiurpoKe,  wbitih 

same  tatu*)  bail  been  Isid 

Wliii«  tiiv  partiiirut^nt. 

Mr.  hkcf^ne,  who  i<i  also  in  ouilodv,  has  *le- 
p*r%44,  that  be  lay  in   the  same  h  i 

Nf'Yiioe,  and  bad  some  ctinvcraatlntis 

T li;»t  Neyooe  butt  told  him,  what  he  tiad 
Slid  of  the  bishop  of  ltoabiil«r  wi 
''         And, 


That  Mr.  Walpole  had 
siderable  annuity  to  turu 
given  him  instructions,  befbtv  be  isascaMia 
to  the  Lords,  what  questiooa  wnobl  !•  vM 
him,  and  what  answtznt  he  sli«ylil  aibtv  ud 
tbreaiened  him  wiib  Newgale  if  be  mM  M 
comply. 

8keene  savs  further,  that  Hcnim  wwm 
(and  I  hope  the  rererend  beocb  nil,  m  tmA  i 
case,  petttiit  me  to  refHfat  the  wm^),  brtt^ 
there  were  two  plots ;  one  6f  Mr^  WtliiM 
n^uioift  the  protest in|(  lords,  and  Mie  tf  lilll 
bile  Mr.  VV  at  pule  of  money  :  and  tbasmw 
to  be  ttitf  only  time  that  ever  Mr.  firjtm 
sverretl  any  thioer  upon  oath. 

To  convince  the  world,  what  a  crc^liBrf  4b 
Neynoe  wsk,  be  tells  Ske«ne  luvtbcr,  ibl 
once  St  lord  Towoshend^s  offic^e,  he  had  a  Ml 
inclination  to  have  slabbed  the  cbaiicellor«1IS 
exchequer.  Re  teHs  you,  that  Neyooe  ImI 
wrote  a  paper  to  declare,  that  all  h«  bad  M4 
lord  Orrer y  was  false. 

My  lords,  the  next  witness  was  Mr,  8tew»i| 
who  was  unfortunately  in  custody,  wboo  Nef* 
Doe  was  brought  to  town  from  Dial.  I 

Sikeward  says,  That  he  slept  the  seeood  ojfll 
with  Neynoe:  that  Neynoe  had  toW  MB« 
what  he  had  said  of  the  BWhi>p  wasfblief  ttl 
til  at  Mr,  Walpole  bad  offored  him  a  gTcalmi 
of  money,  if  he  would  swear  to  what  b^fli^ 
and  turn  evidence,  which  he  declared  haciraii 
not  do. 

Tlmt  Mr.  Walpole  had  taken  him  lAt^lii* 
ther  room  before  he  was  examined,  aod  ttU 
him  whatfjueslions  he  woidd  probably  b«  aMl| 
and  what  answers  he  should  grive. 

He  says,  that  Neynoe  toldhim  alsn^  ihstit 
bad  hkc  to  have  killed  Mr.  Wali»vlr,  sind  60  Ml 
an  end  to  the  plot :  and  that  Mr.  ^V  al(»ole  M 
^fcn  him  a  paper  of  directions,  which  hswil 
to  answer,  in  order  to  be  a  witness  agaJmi  lbs 
protest  in  tJT  lords. 

As  a  confirmation  of  his  tettimony,  SltwA 
says,  He  told  this  to  Mr.  Gordon  bdbre  Mr. 
Neynoe  was  drowned,  and  to  Mr.  Kynastocibe> 
fore  the  meetiag^of  the  parliament. 

Mr.  Gordon  coiiBrms  this  part  of  his  evklaotfi^ 
and  assures  your  lordahips,  that  be  had  hmi 
it  ^om  Steward  before  the  death  of  Neyosfi 
And  Mr.  Kyuaston,  a  ^enttemau  of  an  VI- 
doubtetl  character,  lately  a  member  of  psfliB* 
ment  for  Shrewsbury,  has  assured  your  lofrf* 
ships,  that  he  was  acquainted  isHli  Utowaidl 
account  of  Neynoe  liefore  the  meeting  of  dfei 
parliament :  and  adds  this  circumstance,  Ibrt 
whipii  ill  thi-  Ap{iendix  hti  shv»  those  mx  qtMS* 
tbi  he  shewed  them  to  8lieitifd«  *^bs 

sec  vd,  and  said,  Yon  se«|  %,  wbsl 

1  told  you  IK  true. 

8uch  concurring  testimooiea  IVoin  pcfMH 
kept  so  separate,  and  who  are  speaking'  agliMt 
their  own  private  interest,  miisi  bava  Iba 
greatest  weight,  and  must  at  leaai  peeveiit  tmf 
utioDsl  and  impartial  |)ersno  frooi  fnTtn«  "^ 
least  credit  to  the  bare  hearsay  oC  this  f 
Nevnoe. 

if  any  doubt  cotild  reiiUkio»  as  li»  Ibc  i 


mnd  others fjor  a  Treamiahle  Conspiracy.  A.  0.  1729. 


[67H 


tieftioiooy,  it  \b  sufiicieDtly  coDfirmed 
^  tbe  persons  brought  to  disproTe  it. 
^Tlie  CKincellor  of  the  Exchequer  himself 
\  not  pretend  to  deny  that  Ne};DtHt  told  these 
biogrsi  bot  oDfy  adds  other  circumstances  to 
^lTiDce  you  of  Neynoe^s  ? illony,  and  assures 
that  at  the  time  he  was  receiving  favours 
I  hioi,  be  was  thoroughly  convinced  he  in- 
ed  to  cheat  him^  which  was  the  occaaion  of 
I  beinf  appreheuded* 

Te  owned  the  traniiactions  between  them  l^e- 

iNeynoewent  to  France,  sod  particularly 

I  money  mentioned  by  Biog-ley ;  which  are 

ofs  that  Neynoe  mu&l  have  disclosed  these 

aiooe  they  oouki  not  coroe  from  JMr. 

I  \  and  he  and  Neynoe  only  were  privy 

Mr,  Walnole  has  shewn  your  lordGhipn  the 
"'    draugnt  of  the  questions   meutioned  by 
rd;   and    wlicQ  be  denies  that  part   of 
noe's  dectai-ation  relstiu^  to  the  instruc- 
given  bim  before  the  esrarai  oat  ions,   he 
ns,  he  was  twice  alone  with  him  $  once  the 
night  of  hts  being  brought  to  town,  and 
second  time,  when  he  gave  him  the  paper 
'directions,  which  might  be  foundation  enough 
r  Neynoe  to  frame  so  ootorioos  a  fslshood. 
The  witnesses  brought  by  the  counsel  for  the 
'II,  to  the  chararter  of  Mr.   Bingley,  seem 
to  couBrm  it  than  mherwise ;  and  all 
\  they  nevi'r  heard  any  Ihtfig  against  liis 
lily.     They  indt^d  have  said,  he  bore  the 
rof  a  Jacobite;  and  snttefed  for  having 
hbel :  Hut  Mr.  Ititron  Gilbert,  who 
judge  when  that  pnnishratiit  was  iu- 
liii  hinif  has  told  your  lordi>hips,  thut  his 
mte  hfe  was  not  vilified  at  his  trinl,  and  that 
ilher  perjury  nor  forgery  were  ever  laid  ta 
door. 
Though  the  punishment  he  suffered  was  tbe 
"  ry,  yet  it  is  the  crime,  and  not  the  punish - 
it,  that  makes  the  ignominy ;  and  for  this  I 
Appeal  to  the  learned  judges.^ 
I  order  to  destroy  the  evidence  of  Mr. 
It,  they  produced  one  Fancier,  who  tells 
that  ^k^i^ne  had  revealed  many  secrets  to 
ting  to  the  plot }  and  particularly  of  a 
ctwst,  which  was  collected  to  carry  on 
ppoeed  designs,  and  support  the  Ja- 
ites.     But  I  presume  every  body  who  heard 
two  |»erson8  at  the  bar^  could  not  but  re- 
the  steadiness  with  tvhich  Mr.  Skeene 
ted  these  atseverations,  and  the  confusion 
which  the  other  affirmed  them. 
Mr.  Paocierseemedtodrop  something  which 
itirely  de&troys  any  credit  that  could  be  given 
liim,  bv  saying,  that  he  had  owned  to  Mr. 
oe,  that  lie  was  a  friend  to  thisadminis- 
tioQ  r  and  yet  has  sworn » that  after  such  a 
slirution,  8keene  had  still  perst^ited  in  his 
ry,  and  revealed  some  part  of  this  intellt- 
noe  to  biro.      How  far  thtsis  probable,  your 
Mnos  ai<e  the  best  judges, 
Jtfr*  Fancier  goes  further,  and  tells  yon,  that 


«*  As  to  tbis,  see  Peake*!  Law  of  Bvidtticej 
« •!  •;  j^  Har^.Ot».  lit.  6.  b. 


part  of  this  conversation  happened  in  St, 
Jameses  Park,  in  the  presence  of  one  I>nfoor. 
This  Dufour  was  iu  the  hands  of  the  govenn 
ment ;  and  ]  cannot  conceive  why  ive  hafo 
never  seen  bim  or  bis  depositions,  when  it 
would  have  been  so  easy  to  have  brought  this 
corroborating  witness  Ki  Mr.  Pancier^a  tei- 
timony. 

I  cannot  but  think,  that  the  not  producing 
this  man^8  evidence,  is  astroMg  cireiimstance  lo 
convince  your  lordships  he  did  not  ogree  m  tbo 
same  story  with  Mr.  Fancier* 

They  also  profluced  Skeene^s  attainder  for 
tbe  Preston  rtbelhon  *.  But  there  have  bcett 
many  acts  of  grace  since »  so  that  be  is  capable 
of  being  an  evidence:  and  there  has  nothing 
appeared  to  traduce  his  character  as  a  man  of 
morals. 

In  order  to  shew  your  lordships,  that  Neynoe 
could  not  possibly  make  these  confessions  to 
Mr.  8keene  and  Mr.  Steward*  the  counsel  for 
the  Bill  maintain,  that  they  will  prove  Meynoe 
and  the  prisoners  were  not  together  after'  the 
tirst  night* 

This,  my  lords,  would  be  very  materia] ;  but 
I  thiuk  it  appearsi  by  the  proofs  brought  to 
support  this  assertion,  that  ihey  frequently 
have  conversed  one  with  another. 

The  tirst  witness  they  called,  was  Mr.  Craw« 
ibnl  the  messenger,  in  whose  bouse  the  pri« 
soners  were  in  custody  5  and,  my  lords,  1  can- 
not but  say,  it  seems  very  odd,  they  should 
bring  a  man  to  swear  he  had  done  his  duty  i 
He  has  told  your  iordships,  that  lord  Tinioa- 
hend  had  given  bim  orders,  that  Neyuoe  should 
be  close  confined  ;  and  \\\  after  that^  it  should 
appear,  that  he  had  negleried  such  directions, 
thei^  js  no  question,  but  that  ha  instantly,  and 
deservedly,  would  have  been  removed  out  of  bit 
ennployment. 

This  messenger,  in  this  situation,  tells  you, 
that  after  the  first  night  they  never  conversed^ 
to  the  best  of  his  knowletlge :  That  Mr.  8keeuo 
called  Neynoe  a  rogue  of  an  informer ;  and 
spoke  in  very  hsrtl  terms  of  him  ;  which  I 
indeed  think  it  appears  the  fellow  well  deserved* 

Crawford  sayK,  that  Mr.  Neynoe  had  some 
paper,  two  sheets  ot  which  he  found  missing. 
He  likewise  swears,  that  Mr.  Steward  lay  upon 
the  stairs;  and  owns,  he  bad  at  that  time  two 
servant-maids. 

Mrs.  Crawford,  his  mother,  swears,  that  to 
the  best  ot  her  knowledge,  the  prisoners  were 
never  together  v  That  she  kept  the  keys  of  tho 
rooms  herself,  but  used  to  send  up  the  maid, 
Hannah  Wriifht,  with  the  dinner. — Your  lord- 
ships will  observe,  that  both  this  woman  and 
her  son  swear  to  the  best  of  their  kuowlcdgO 
only,  and  are  far  from  positive  wrtnevses. 

ftannah  Wright,  when  she  w*ii^  first  called, 
spoke  in  the  same  language  with  theui,  though 
she  afterwards  r*?collect^  herself  better. 

When  the  Bishop  cime  to  rejoin,  Fraoc!^# 
Wood,  Thomas  Wdo*!,  and  Mr.  Russiil  sftte^ 
rally  say,  that  this  Hannah  Wright  hsd  de- 
clared to  them,  ihatshe  utaed  to  let  the  prisottefi 
coBverve  together  wlieiityer  site  bad  an  oppor- 


I 


I 


I 

I 
I 


I 
I 


6T9J 


r*  GEORGE  L  Proceedings  againH  Bishop  AiUfhrn/^ 


[680 


tanHT,  whirli  was  «rb»  Mr  Crawford  and  hit 
tuQUhtt  were  oqi  of  the  way ;  and  tbat  she 
used  t»  staod  iipoo  the  stairs  and  ffit e  notice 
whm  any  persoo  came*  that  they  miffht  retire 
inio  their  seterai  rooms.  Ard  the  other  maid, 
ti  hose  name  is  Christian,  has  deposed,  that 
Hanaah  gave  the  kejr  oif  Neynoe's  room  to 
Steward,  and  aereral  times  desired  Steward  to 
flo  up  to  him,  and  that  tliey  were  together  an 
hour  or  more.  And  when  Hannah  was  called 
a  sooMid  time,  she  owned  she  was  turned 
away  tor  suspicion  of  having  helped  Nevnoe  i^ 
his  escape ;  tliat  she  has  left  iiikeene's  door 
open,  who  liiv  uear  Neyooe;  and  that  there 
was  a  large  bole  in  Ne^-noe's  door,  throog'h 
which  they  might  converse. 

She  said,  that  Neynoe  gave  her  a  paper, 
which  site  was  to  convey  for  him ;  but  that  it 
was  taken  out  of  her  bosom,  and  burnt  by  one 
of  the  prisoners. 

When  Mr.  Steward  said,  tbat  he  sat  upon 
Neynoe's  bed  the  second  night,  and  lay  in  the 
garret  where  there  was  a  imrdtion,  but  a  com- 
municatiiin  between  them,  Hannah  said,  she 
couki  not  be  positive  to  that,  but  believes  it  true. 

Mr.  Crawford,  when  he  was  called  to  that 
point,  according  to  his  nsual  custom,  denies 
It  to  the  best  of  his  knowlec^. 

Your  lordships  will  now  judge,  whether  the 
greatest  credit  is  to  be  given  to  tlie  belief  of  a 
BMMenger  and  his  mother,  who  are  swearing 
that  they  did  their  duty :  or  to  the  positive 
oaths  of  Skeene,  Steward,  Gordon,  Kynaston, 
Francis  Wood,  Thomas  Wood,  Russel  and 
Christian,  confirmed  by  the  confession  of 
Hannah  Wright,  when  she  came  to  be  cross- 
tnmincd  and  oonfronted. 

This,  my  lords,  concludes  what  has  ap- 
ptwed  at  the  bar,  relating  to  Mr.  Nej^noe  and 
his  transactions ;  and  1  am  pretty  certain,  every 
Mipaitial  body  must  agree  with  roe,  that  so  far 
fcwm  giviag  the  least  credit  to  what  he  says, 
Ihcw  have  appeared  such  circumstances  in  the 
naasagioni  which  are  now  come  to  light,  that 
imM  Mtke  the  greatest  caution  necessary,  be- 
IIm  we  believe  any  other  part  of  the  charge. 

\Mr  bfdships  will  take  notice,  that  Mr. 
C^wfcidcoofaaeB  Mr.  Neynoe  had  the  use  of 
«Mr«  Md  Iband  two  sheets  missing;  and 
SMlh  Wiight  owns  she  had  a  paper  from 
Yi-L"^^  was  burnt  by  one  of  the  prisoners. 
Hy^^»  Ipds,  andoubtedljT  was  the  paper  x^ 
Mi^t»lHd  Orfcry,  mentioned  by  Skeeoe  in 

1^  4Md^  I  aM  now  coming  to  the  great 
^Mh^Hb  fiaaUMi  remaining  to  support  this 
mL.  w^  )ii««w*^  examination :  for  if  hn 
^^ip  »  MIW  ka  believed,  which  is  the 
"  -■  I  Ml  ifirii^"*' —  that  Mr.  Kelly 
■^  aecirtirj.  and  used  to  write 
~y,  that  the  Bishop  dio- 
_i  were  wrote  in  Kelly's 
_  Its  Fnnce  under  cover 

tlie  Bishop 

'when  hflfeafter 

Ibypoa- 


^g^i^^Svlii^  SNil  W^i 


terity,  it  will  stand  or  fall  m  this  fiiei  ihaU  b9 
strongly  made  appear. 

They  first  read  PlunkeU's  cypher,  and  Mr. 
Vaaradike  attests  it  to  be  his  baud- writing. 

When  this  piece  of  evidence  was  ofiiMta,  p«^ 
p!e  were  at  a  loss  to  know  what  tliey  intended 
to  make  of  it,  and  little  thought  that  ther 
phould  be  drove  to  make  use  of  Jackson,  atano- 
ing  for  the  Pretender  in  that  cypher,  to  ahev 
tbat  the  letter  directed  to  Jackson  (one  of  the 
three  before  mentioned,  afiirmed  to  he  dielated 
by  the  bishop  of  Rochester  to  Mr.  Kelly)  wis 
to  tlie  Pretender.    I  shall  take  notice  of  Ihii 
extraordinary  proceeding  when  1  come  to  OM* 
sider  those  letters :    1  shall  only  say  now,  Ikl 
were  Mr.  Plunkett's  correspondence  to  le  » 
gurded,  the  plot  is  of  a  very  deep  nature;  ftr 
he  has  had  the  impudence  to  insiniiata  iit 
most  ridiculous  aspersions  against  the  graMt 
men  amongst  us. 

Three  of  his  letters  were  read  out  of  cyphir, 
in  two  of  which  Mr.  Johnson  is  named,  tM  il 
Mr.  Kelly  ;  but  neither  Mr.  Kelly,  nor  tbt 
bishop  of  Rochester,  are  allowed  places  in  Ui 
cypher,  and  consequently  were  not  in  aa  si- 
sociation  with  him.  Johnson  is  only  spskesf 
by  Plunkett,  when  he  is  mentioning  dosMslis 
news,  and  in  no  utlier  than  might  w  in  swiy 
news-letter  tbat  went  by  the  gensral  post 

My  lords,  in  order  to  shew  tbat  the  Ibm 
letters  sent  under  cover  to  M.  Gordon  le  Vht 
were  Mr.  Kelly's  liandwritmg,  which  thtf 
very  justly  thoughhwas  necessary  to  be  HBifi 
appear  before  they  proved  tbat  the  Bishop  wm 
concerned  in  them ;  they  produced  a  krtlsrif 
the  SOtli  of  August,  which  a  clerk  of  the  psit' 
office  swears  was  stopt  at  the  general  piit- 
offioe. 

To  convince  us  this  letter  is  Mr.  Kelly's  writ" 
ing,  Hutchins  the  messen^rer  says,  to  the  M 
of  his  knowledge  it  is  Mr.  Kelly's  hand ;  ufk 
at  the  same  time  owns,  he  never  saw  biro  wrili 
till  after  Ins  commitment,  and  then  he  stood  hy 
him  while  he  wrote  two  letters,  one  to  wd 
Townshend,  the  other  to  Mr.  Delafaye ;  tboN 
letters  were  produced  at  the  bar,  and  tbeit* 
fore  every  lord  in  tlie  House  is  as  good  a  ju^ 
of  the  similitude  as  the  messenger,  who  bii 
lately  been  restored  into  fiivour;  on  wbstso- 
count  I  cannot  tell. 

If  Mr.  Kelly,  dtiring  his  confiueoient,  oooB* 
terleited  and  disguised  his  hand,  then  fhe  mst- 
senger's  evidence  cannot  be  of  any  weight} 
and  if  he  wrote  aa  usual,  theu  every  persoo  ii 
equally  capal>le  of  filming  an  optnion  of  id 
who  sees  the  three  letters. 

The  next  witness  is  Malone,  who  aweaiSi  hi 
has  seen  him  direct  letters,  but  can't  tell  bov 
long  since  be  saw  him  write,  nor  how  often. 

Tbs  persons  who  contradict  this  evidiie* 
are  so  positive,  so  clear,  and  so  concurnog  * 
their  testimony,  that  no  doubt  can  rise  npsa  it 

Mr.  Bingley,  when  he  was  shewn  this  IcHtti 
swears  it  is  not  Uke  bis  hand- writing. 

Mr.  Brown,  a  peruke  maker,  well  vcrfi* 
and  acquainted  witn  his  wriiing,  when  ht  iMi 
•hcwB  the  letter  of  tba  SOth  of  Avgmg  aid  Ai 


nd  oihersfjbr  a  TreasoTiahle  Conspiracy, 


A.  D.  n^x 


by  the  counsel  for  the  Bill  (so 
I  not  know  what  pa  per  tt  was  be- 
t«irs,  tt  19  ntii  his  lian*!  wriiinfif. 
r  to  DeUtaye  wfts  produced,  lie 
WOB  his  hund-writing :  when 
r  wm  siiewHi  (I  think  it  w&s  the 
cles)  he  Haid«  that  was  more  like 
|i»g  than  that  of  the  eoth  of 
be  did  not  beliete  it  was  wrote 
md  vvhen  they  questioned  him  upon 
i>  tofd  Townshend,  he  a  wore  it  was 
'a  hand' writing', 

keriu^,  who  had  occasion  to  know 
y*g  hand,  havitii;  lent  him  some 
d  ret*?i?ed  several  notes  and  letters 
iluiia^  that  trausactton,  does  agree 
nrowri  iu  every  particular  and  inost 
poorofitance ;  which  is  a  clear  and 
oeff  that  this  letter  of  the  20th  of 
m  not  wrote  by  Mr.  Kelly. 
Rerence  which  tbey  tell  your  lord- 
'  abterTef  between  the  cut  of  the 
bat  of  the  ^Oth  of  Aug^nst^  and  the 
that  cue  is  longer  and  straiter,  the 
r  and  shorter :  which  is  ubvious  to 
it  will  look  on  both,  and  is  a  cod- 
bdr  f  eracity, 

cutors  ot    the   plot  raig'lit  bare 
etier,  and  not  have  been  ilrireii  to 
^   of  a  messeu^er  to  support  thiit 
iioQ  of  their  chorg^e^     It  is  noto- 
■rvh  tb(?y  have  made  for  erideoce 
and  as  Mr,  Kelly  was  educated 
Ihey  luigrbt  easily  have  found  ere* 
\  to  that  point,  if  those  letters  bad 
r  by  him. 

ia«e  of  similitude  of  hands,  when  it 
le  tooet  clearly  and  pofiti?ely  proved 
trial  of  colonel  Hidney,  it  has  been 
a  be  Cftiel,  tliat  a  man  should  be  con> 
mob  kind  of  evidence;  and  the  at- 
ihtt  ttiilbrtuiiaie  f^eotiemaii  was  re- 
that  reason* 

ay'n  trial,  his  bankers  swore,  they 

Ij^  bills  drawn  by   him  in  the  band- 

p  were  ahewu,  and  no  persoos  could 

and  yet  the  sentence  against 

I  blemi«h  to  that  reign.*      The 

bief  justice  Huh,  in  the  Case  of 

used  U)  sdinii   it;    and  the  Ion  I 

^fft  OQ  FraQcia*a  Trial|^  followed 

give  me  leave  to  say,  there  is 

III  U  Mr«  Kelly's  hand,  and 

\  ^It90i  t*isi  it  t>t  m*U     Thttrefore, 

der  MO  ei^uitaMe,  juiit,  atrd  i»appy 

lit.  can   never  convict  a  roan,  m 

t  liborlyy  on  such  insufficient  coo* 

iQcedtlie  Ihrei*  letters,  which, 

ite,  were  wruU*  by   Kelly, 

the  Biabofi,  wbicb  were  men* 

fore^aoil  wbiolt  were  aworu  by 

!  voL  Q,  p.  864. 
,  vol.  U,  p.  i«»t. 
»Y0l*  15,  p.  1)98* 


the  clerks  of  the  po9^offioe  to  bare  been  sto 
going  to  France, 

The  Bi:ihop  desired  to  ejcamtnethem  relntrti 
to  these  letters  bein^  detained,  and  would  fait 
have  known  who  took  them  out  of  the  mailiil 
this  he  thought  wns  proper  for  him  to  demendf'^ 
since  he  seeme*!  to  insinuate,  that  he  questioned 
their  ei'er  having  been  in  the  post  office.  Quf 
your  lordships  would  not  suffer  any  enqui nr 
to  be  msde  on  this  heud^  and  voted  it  incoa* 
sistent  with  the  pttblic  safety,  and  uouecestii^ 
for  the  defence  of  the  prisoner,  to  perniit  i 
further  questions  to  be  asked  iu  relatioit  to  th 
important  affair. 

These  honest  gt'otlemcn,  the  clerks  of  tbt  ^ 
post-office,  have  deposed  further,  thai  the 
papers  produced,  are  true  copies  of  the  originals 
detained  by  them  ;  though,  at  the  same  time^ 
they  COD  less,  they  never  examioed  them  alter 
tbev  had  copied  them* 

*tbey  positively  swore  further,  that  the  ori- 
ginals were  of  the  same  hand  with  the  tettef 
of  the  ^Oth  of  Augost,  though  they  alfirm 
this  barely  upon  memory,  never  having  marked 
any  letter  in  order  to  know  it  again  :  aod  one 
of  them  declared  u|K>n  oath,  that  he  did  not  be- 
lieve there  could  he  such  au  imitation  of  Kelly  *t 
hand  ns  could  deceit e  him  ;  though  the  whole 
House  agrees,  that  bauds  may  be  counterfeited 
wo  as  lo  deceive  the  men  that  v^rote  them. 

Tiiey  own,  they  never  compared  two  original 
letters  between  the  3(Hh  of  April,  and  S'ltb  of 
August,  though  tbey  nught  have  siopt  a  let- 
ter oue  post,  without  prejudice  to  the  govern 
ment,  in  order  to  be  more  certain  in  tlMir  i 
dence. 

Thus,  my  lords,  should  this  Bill  pass,  tbia 
great  man  must  tall  by  the  depenaauce  ihb 
fiouse  must  have  on  the  memory  of  these 
clerks. 

Mr.  Lewis,  who  baa  long  served  in  the  i 
cretary**  office,  tells  us,  that  frequenily  lette 
and  seats  used  to  be  counterteited  :    and,  in  m*^ 
more  particular  manner,  by  one  Brocket,  who 
excelletl  so  much  in  this  art,  that  be  has  cheftt* 
ed  many  persons,  Vkwi  has  so  far  deceived  tbem, 
that  ihey  liave  not  known  his  copy  from  their  j 
own  originals. 

When  these  letters!,  thus  attested,  came  ttf^ 
be  read,  they  are  in  cypher;    so  that  it  must 
again  depend  on  the  honesty  of  a  decypherer, 
before  they  can  pos.«iibly  be  made  treasonable. 

Mr»  VVilles  declares,  they  were  truly  decy- 
phered  accordin»^  to  the  bt^sl  of  his  judgment 
and  skill ;  aiiu  more  particularly,  that  the 
number  1378,  which  in  »uli»tcribed  to  the  third 
letter  directed  to  Jackson,  stands  for  the  letter 
IL  But  when  some  lords  a^ked  him  a  ques* 
tion,  which,  perhaps  hsd  he  auiwered,  might 
have  proved  him  to  be  under  a  mistake  ;  he 
refune^  to  give  an  answer,  either  in  the  afflr- 
mulive  or  negstive,  for  fear  of  revealing  hta 
art ;  your  lords Kipy  thought  proper  U^  prevent 
any  further  cro:^- examination  of  this  gentle- 
man, by  a  Refcohition. 

Mr.  \ViIles  says,  be  shewed  these  letter*  de- 
cypbered  lo  my  locd  Towashcnd,  before  fat 


and  others,  Jbr  a  Treoianalle  Compiraey*  A.  0.  172S* 


I  to  I 


t  conceire  that  ftny  things  can  he  laid  to  this 
e*8  charg^e. 

I  it  is  eridentf  that  the  Bishop  did  dic- 
ftilef^ed,  I  cannot  think  any  of  your 

?«can  vote  him  gathy  according  to  the 
justice  ;  for  do  man  \a  siife  either  in  hi« 
rly  or  fortune,  if  he  may  be  dejirived 
er,  on  account  of  a  correspondence  in 
it  do4;s  not  appear  he  was  concerned* 
I  your  lordships  shoutd  so  far  credit  the 
rious  evidence  at  your  har,  as  to  betieve 
I  and  lltioErton  stood  fnr  the  bishop  of 
yet  unless  it  i«  plain  that  it  was 
I  bis  privity,  it  is  certainly  inopofisibte  tliis 
I  shoalri  pass :  and  if  it  ihould,  it  will  here- 
"«  in  the  power  of  any  two  men,  one  at 
and  one  abroad,  to  ruin  the  most  inno* 
person^  by  entering-,  without  his  know^ 
By  into  II  correspondence  of  this  nature, 
Ue  being  named  in  treasonable  letters  be 
e,  though  it  does  not  appear  it  ^^as  ivith 
r  privity  of  such  persons,  1  will  submit  to 
ar  lord's  hips,  how  far  men  of  the  greatest 
a  the  present  establishment^  are  to  be  af- 
[  by  Mr.  PlunkettS  insinuations. 
kmaa  oug^bt  to  suffer  for  the  suggestions 
'Tier  person,  unless  it  appears  he  has  ^yetx 
bunaation  for  them.  And,  in  tliis  case, 
It  not  be  most  extraordinary  and  most 
I  to  punish  this  rererend  prelatei  for  a 
>  whicn  there  is  no  proof  he  erer  com- 
I  mean,  the  dictating^  of  these  letters. 
f,  on  the  other  hand,  the  nnfortunate  cir- 
ances  of  his  affairs  hare  furnished  him 
\  meaos  of  shewing',  beyond  contradiction 
t  lie  could  not  be  concerned  in  the  letters  of 
20tb  of  April ;  that  for  a  oonsiderabfe  time 
^eould  not  see  Mr.  Kelly;  and  that  there 
ver  was  an  intimacy  between  them  :  then, 
r  lords,  1  hope,  every  man  who  f^Tes  hia  vote 
f  the  rejectiot^  this  Bill,  has  the  strongest  evi- 
i  of  his  side  to  support  his  opinion  ;  and 
I  Dol  l»e  nfraid  or  ashamed  to  own  it  here, 
ftr  any  where  e\f^* 
\  This  part  of  the  evidence  beinif  of  i^eat  con- 
Hanence,  f  must  be^  your  lordships'  attention, 
Hkilflt  f  recapitulate  the  heads  of  it,  as  clearly 
^od  distinctly  as  possibly  1  can< 

The  first  witness  they  called,  was  Flower,  a 
iirmsn,  who  swears,  that  he  carried  Kelly 
or  thrice  to  the  deanery  ;    but  that  the 
1  never  at  home,  and  consequenlly 
i  faim*     His  partner  swore,  he  had 
I  him,  with  Flower,  one  of  those  times, 
i  next  person  produced,  was  a  porter,  one 
who    deposed,  that  he  went  about 
kiiitmaa  was  twelvemonths,  twice,  with  iue«>- 
I  from  Kelly  to  ttie  HIshoM  :   the  hsl  t*f 
cb  times,  h€> '  i'>rUin{i^5^ 

that  the  Dishop  -  ^nve  his 

iervice  to  Mr.  Johnsoti,  aufi  thanked  him  for 
koM  present. 

Mn  Kitburne,  at  whose  house  Mr,  Kelly 
Me<nl  sa}  5,  that,  once  a  servant  came  from 
llie  Uisbop,  to  know  how  Mr,  Johnson  did,  and 
trss  aorry  be  could  not  have  hi3  cooi^iany  at 


William  Woixl,  the  Bishop's  coachman, 
says,  he  opoj  stopped  in  Bury- street;  bu4 
doea  not  know  for  what ;  and  that  the  Bishop 
sent  a  servant  some  where,  who  presently  re- 
turned.   And, 

Lloyd,  who  keeps  the  Star  and  Garter  in 
Palace-yard,  baa  told  us,  that  Neynoe  once 
came  to  his  house,  and  told  him,  he  staid  for 
in  ingenious  e^ntlemun,  who  was  gone  to  the 
bishop  of  Rochester's  houae. 

This,  my  lords,  is  all  the  proof  they  oflered 
of  this  intimacy  ;  from  which  they  would 
infer,  that  the  Bishop  dictated  these  letters, 
and  is  consequently  guilty  of  the  crimes  laid  to 
his  charge. 

If  your  lordships  consider  what  was  pro« 
duced  on  the  other  side,  I  am  sure  you  must 
agree  there  is  no  foundation  for  this  a^ierttoD. 

Mrs.  Kilburne  denies,  to  the  best  of  her 
knowledge,  that  the  Bishop  ever  came  to  her 
house,  or  that  his  coach  ever  itopi>6d  there,  or 
ever  was  sent  for  Kelly. 

That  Kelly  did  not  go  out  of  town,  from  the 
time  he  came  from  France,  till  he  was  taken 
up,  the  19th  of  May,  and  never  lay  out  of 
her  house  one  nights 

This,  my  lords,  was  confirmed  by  her  maid 
Antm  Ellis. 

Mrs.  Barnes  says,  she  never  heard  of  any 
massage  from  the  Bishop  lo  Kelty,  nor  ever 
had  aay  conversation  with  him  about  tba 
Bishop. 

William  Wood  the  coachman,  nho  lived 
with  the  Bishop  four  years,  has  declared,  thai 
the  biyhop  of  Itochester  never  sent  him  with 
his  coach  to  Bury -street  to  fetch  any  person 
from  thence,  that  there  was  no  straiit^er  at 
Bromley  for  a  fortnis|[ht  before  hi*^  bdy  died, 
which  was  the  26th  of  April ;  that  nobo^fy 
could  come  in  a  coach  i»r  on  horseback,  but  he 
tnu^t  know  it ;  that  he  never  saw  such  a 
[>ersnn  as  Mr.  Kelly,  till  be  was  shewed  him  ai 
the  Tower ;  and  that  the  Bishop  went  ill  of 
the  gout  lo  Bromley  the  l*2th  of  April,  and 
did  not  return  to  London  till  the  7lh  of  May. 

M alone,  Mrs.  Barn(>s*s  servant,  says,  \hiit 
she  never  saw  the  Bishop,  or  aii^  of  his  ser- 
vants, with  Mr.  Kelly. 

Thomas  Grant,  who  haa  been  the  Bishop^a 
servant  nine  years,  has  ^^jpclai-ed,  tliat  the 
Bishop  went  to  Bromley  the  12th  of  April  very 
ill  of  ilie  gout,  and  that  no  stranger  could 
come  to  him,  from  the  time  he  ^*ent  to  Brom- 
ley, till  after  his  wife's  death  ;  that  one  or  other 
ot  the  servants  always  sat  up  with  him ;  and 
that  no  person  could  visit  him,  but  they  must 
know  it;  for  they  were  either  in  the  same 
room,  or  the  next  room  to  him :  and  that  no 
stranger,  except  Dr,  Aldridge  and  the  apothe- 
cary, came  near  him.  Grant  says,  that  he 
was  forced  to  ^q  to  town  to  attend  at  rlie  West* 
minster  election  of  scholars  on  the  3tst  of 
Aptil,  but  left  Beauchamp  there,  who  cam« 
down  for  that  purpose  on  the  18th. 

Beauchamp  and  Steen,  who  wei^  the  fvro 
servants  tJiat  attended  with  Grant»  swear  tht 
•aoic  thfi%^. 


I 


f 
I 


<J87] 


9  GEORGE  L  Proceedings  against  Bishop  Atterburgf         [6B8 


Susannah  Harrey,  Sarah  Jones,  Thomas 
Varnden,  Elizabeth  Higgtnson,  and  all  the 
servants  agree,  that  they  never  heard  of  any 
person  by  the  name  of  Kelly  or  Johnson's 
being  ivith  the  Bishop.    And, 

Mrs.  English,  who  took  the  names  of  the 
Bishop's  visitors  for  many  years,  does  not  re- 
member, that  she  ever  heard  of  sach  a  person 
as  Kelly,  or  Johnson,  And  f  doubt  not,  but 
that  every  lord  must  allow,  that  it  is  not  possible 
to  liave  a  more  clear,  a  more  strong,  or  legal 
proof  to  a  negative  than  this  is. 

I  must  observe  to  your  lordships,  that  most 
of  these  servants  have  been  in  strict  custody, 
and  severely  used,  particularly  Famden,  and 
yet  your  lordships  see  how  unanimous  they 
are  in  their  evidence :  and  their  testimony  b  so 
positive,  that  1  cannot  conceive  any  person  can 
suggest  there  was  the  least  intimacy  between 
this  reverend  prelate  and  Nr.  Kelly  ;  and  much 
less,  that  he  could  be  with  him  to  write  the 
letters  that  are  dated  the  20th  of  April. 

Mr.  Reeves  did,  indeed,  so  far  agree,  as  to 
be  of  oninion,  that  they  might  have  been  wrote 
the  nth  of  April,  which  was  the  day  Kelly 
came  from  France:  but,  my  lords,  Mrs. 
Barnes  has  deposed,  he  went  to  bed  the  minute 
he  came  home,  and  lay  there  for  a  considerable 
time ;  besides  it  is  improbable  that  letters  wrote 
the  11th,  should  not  be  sent  till  the  19th.  But 
if  any  further  argument  was  necessary  to  con- 
fute this  absurd  supposition,  the  earl  of  Sun* 
derland's  death  is  mentioned  in  the  letter  to 
Chivers,  and  that  noble  lord  died  the  19lh  ;  at 
which  time  it  hath  been  proved  Mr.  Kelly 
was  not  with  the  Bishop. 

The  bishop  of  St.  Asaph  did  at  first  pe- 
remptorily contradict  one  part  of  Mr.  Grant's 
evidence,  by  saying,  lie  had  received  a  letter 
from  the  bishop  of  Rochester,  at  the  time 
which  Grant  has  sworn  he  was  so  ill  of  the 
gout  that  he  could  not  write. 

His  lordship  positively  affirmed,  that  he  re^ 
ceived  this  letter  on  Saturday  the  21st  of  April 
in  the  morning,  and  saw  Grant  in  London  he- 
tween  twelve  and  two :  but  when  it  was  proved 
that  Grant  did  not  leave  Bromley  till  the  even- 
ing of  that  day,  and  that  another  person  offi- 
ciated for  him  as  butler  in  the  deanery,  by 
reason  of  his  absence,  then  the  Bishojp  seemed 
to  think  himself  under  a  mistake,  and  allowed 
it  might  have  been  some  time  belbre. 

His  lordship  owned,  he  never  received  a 
letter  from  the  bishop  of  Rochester  before  nor 
since,  and  therefore  was  a  stranger  to  his  hand. 

I  could  have  wished  this  reverend  prelate 
had  rerollected  himself  more  fully,  before  he 
bad  i^iveii  his  testimony  in  a  matter  of  this 
great  importance  to  one  of  his  brethren. 

There  was  another  witness  examine«l,  which 
was  Crof\on  the  shoe- maker,  to  prove,  that 
Talbot  (who  was  said  to  have  received  the 
three  letters  directed  to  Gordon  le  Fils)  was  at 
that  time  in  London,  when  he  was  8up|iosed  to 
have  been  in  Boulogne.  Crf»Aon  swears  he 
•aw  him  in  towo  the  29th  of  April,  and  proved 
it  by  his  book. 


There  was  another  pcnon  called,  wboie 
name  was  Donner,  that  deposed,  Gordon  owned 
to  him  the  receiving  of  this  packet ;  but  an 
affidavit  was  produced  from  Gordon,  in  which 
he  denies  it.  Donner's  evidence  is  only  hear- 
say, the  other  is  positive. 

My  lords,  the  counsel  for  the  Bill  pro- 
duced some  papers  which  were  taken  b  the 
Bishop's  custody  when  he  was  apprehended 
and  endeavour  to  draw  very  ill-natured  aii 
forced  constructions  from  them. 

The  first  was  a  letter  from  the  dnehcM  ^ 
Ormond,  in  which  she  acquamts  him,  "  UmI 
she  had  something  to  send  him,  wbioh  iht 
could  not  trust  to  a  better  band ;"  or  woidito 
that  effect.  And  this  they  would  pretsid  H 
insinuate,  were  some  treasonable  papers. 

I  appeal  to  all  mankind,  whether  it  ii  Mi 
very  extraordinary  to  suppose,  that  the  BUif 
should  be  presumed  to  convey  a  traitorow  ev- 
reniondence  through  that  channel.  Evoy 
body  know.H  the  friendship  which  was  betvoi 
the  reverend  prelate  aud  that  family ;  ami  il 
is  not  surprizing  that  this  unfortunate  h^T 
should  think  him  a  proper  person  to  wam^ 
and  entrust  with  her  own  affairs.  Thereftre  I 
cannot  think,  that  these  general  cxprssam 
can  at  all  affect  him. 

The  next  they  read,  is  a  paper  found,  « 
pretended  to  be  found  at  the  deanery,  tab- 
scribed  to  Dubois,  but  without  date:  in  tkii 
the  person  who  writes  it,  says,  He  reoeivsdi 
letter  by  BIr.  Johnson,  to  which  he  letand 
an  answer  in  his  hand. 

The  secret  committee,  at  first,  appieheiiM 
that  this  was  received  by  the  I^bop ;  and  tkai 
it  passed,  till  upon  seizing  a  letter  wrote  in  Ibt 
Tower  by  his  lordship,  they  found  a  similitsrfi 
in  the  seals,  which  immediately  enlighteael 
them,  and  then  it  was  presently  said  to  bare 
been  wrote  by  the  Bishop. 

They  then  wanted  to  fix  this  to  be  ths 
Bishop's  own  hand- writing,  and  they  cmU 
find  no  other  way  of  doing  it,  but  preteodiof 
there  was  a  similitude  between  the  E's  in  dlii 
letter,  and  those  which  the  Bishop  geoenVf 
used.  I  believe  it  is  the  first  time  Uiat  ever 
such  an  argument  was  brought  to  prove  thai 
the  whole  letter  has  been  wrote  by  a  penoo: 
much  less  was  it  ever  pretended  to  be  offeic' 
to  a  court  of  justice  against  any  prisoner  wbil- 
soever:  but  I  believe,  there  is  no  msD  ac* 
quainted  with  the  Bishop's  band,  but  sees  it  ii 
not  wrote  by  him. 

They  would  also  affirm,  that  when  io  tbii 
letter  the  Bishop  is  supposed  to  say,  that  b^ 
returned  an  answer  in  Mr.  Johnson's  baodi  H 
must  be  understood  to  be  his  hand-wrttiDf: 
which,  I  must  confess,  does  not  at  all  appctf 
to  be  a  necessary  conclusion ;  for  he  niigtt 
deliver  his  answer  into  Mr.  Johnson's  bw 
which,  1  think,  is  more  natural  to  suppose  thil 
the  other. 

Your  lonlships  must  judge,  how  impiobsH* 
it  is,  that  the  Bishop  should  keep  such  a  M' 
by  him,  which  he  wrote  himself;  or  that  wbc* 
such  care  ii  Ukeoi  ••  the  pramlgti  of  iki 


and  othentfor  a  Treasonable  Conspiraci/, 


thecnselres  say^  for  preretitin^  any  per- 

*»  discofering  the  iniimacy   bt-twecn   Mr 

My  and  htm^  such  a  secret  iihoyld  be  trufited 

ivrilini^i  and  eTcn  wiUioot  u   cyj^er* — The 

liro  seals  t? bich  ga?e  this  turn,  are  Cicero's 

jMclSf  whicti  are  rery  comiiiOTif  and  are  to 

fguiid  every  where.     They  are  one  broke, 

other    ^hole,  which  must  make  it   ?ery 

fficuU  to  jad^e  of  them  t  and  it  19  allowed^ 

t.  At  best,  it  IS  but  precarious  eTidence. 

[f  Mr.  Neynoe  speaks  truth,  ivhrn  he  said^ 

Bishop  had  notice  of  the  storm  that  threat- 

Ifd  himt  I  am  certain,  that  this  paper,  If  it 

lid  have  been  aii^tr^tiended  ut'  confiequencei 

lid  hftfe  been  destroyed :  but^  I   beheve,  it 

B  itnposstlde  for  him,  or  any  body  else,  to 

»k  it  ahoiiht  meet  with  such  an  eii>1anatton. 

The  next  letter  they  prod  need »  which  they 

'lied  to  think  material,  was  that  whitjh  was 

led  on  his  servant  goingf  to  Wr.  Jllcirrice: 

Ibiabesays,  that  the  evidence  of  Piunkett, 

'  tbope  prople,  could  not  affect  him  j  but  as 

does  not  mention  Mr.  Kelly,  they  would 

ift  it  presumL'd,  that  thi^  is  a  proid^  that 

elly  could    have    said   something   of   htm. 

t,'(  think,  this  mutt  appear  to  be  a  Tery  itl- 

itured  assertion. 

Your  lordships  will  consider,  he  was  then 

titinjB^  to  his   son-in-law  ;  and  therefore  no 

fat  accuracy  was  necessary. 

In  another  place,  he  says,  that  if  they  im- 

icbed  him,   he  should  remain  iti  prisoti  for 

me  time;  and  this  they  would  decypher  to 

i  an  implication  of  hm  f^uilt.^ — Butf  in  my 

opinion,  it  is  the  reverse :  he  seems  to 

^y^  that  if  the  Commons  should  he  induced 

•end  up  an  im|i^uchment  against  him,  he 

salislied   of  his    own   innocence,  and 

rdahips'  justice,  that  lie  thou«^ht  the 

eut  till   hiii  trial  would  be  the  only 

Tortune  th;»t  could  attend  him.     The  ex- 

iple  of  the  earl  of  Oxford  was  recent  in  liis 

y,  and  might  justly  create  in  htm  a  fear 

uQderp>ing  a  Iohj^  imprisonment. 

[It  ia  obj^'Cted,  that  he,  in  this  letter,  makes 

protestations  of  Ins  innocence :  but  if  you 

i1  consider  he  writes  to  Mr,  Morriee,  I  be- 

e  ever}'  body  will  agree,  that  such  declara- 

IS  were  not  necessary. 

Mr.  lioyer's  attainder  was  read ;  but  it  dires 

appear,  that  the  Bishop  had  any  corre- 

tpoudeoce  with  him  ;  therefore  I  cannot  con- 

Efve  why  we  were  troubled  wtth  it. 
My  Icmis,   I  have  now  gone  through   the 
kole  evidence  that  is  brought  to  justify  this 
extraordinary  proceeding,  and   must  oraerve 
Mie  atept  that  nave  been  taken  to  procure  all 
Ibe  poaaible  meant  to  work  the  destruction  of 
ffTcal  man. 
You  have  seen  his  very  servants  confined, 
10,  it  does  not  appear^  were  g^iUy  of  the 
lil  glimpse  oCtresaon. 

ll^wson,  a  baker  of  Bromley,  who  appeared 
ijour  bar,  has  been  employed  to  examine  the 
rsous  in  the  Bishop *8  neigrhboorhood,  in  order 
liiift  the  least  particular  that  could  amount 
lire  shadow  of  ft  prot^f ;  and  went  f 9  far,  at 


to  otTer  Wood  the  coachman  the  wa^esthtt 

%vere  due  ta  him,  if  he  would  have  gone  the 
lengths  that  were  required. 

Mr.  Biiia:ley  told  us  in  the  Case  of  Kellf 
(and  as  it  has  not  been  disproved,  it  is  to  b# 
taken  for  granted),  that  a  warrant  was  ^hewn 
by  the  messeng'er,  signed  by  a  secretary  of 
slfite,  to  carry  him  to  Newgate,  which  he  wat 
told  was  unavoidable,  unless  he  would  own  the 
letter  of  the  30th  of  August  to  be  Mr.  Kelly  *t 
hand -writing :  hut  it  appeared  ttie  next  day,  t^ 
he  nothing:  but  in  order  to  leriify  him. 

Mr.  Kelly  himself  has  told  your  lordshfpt| 
(hat  Mr.  Delafaye  offered  him  hisoviu  termt 
if  he  woidd  have  turned  evidence:  audtliis  wat 
done  to  destroy  tlie  bi!>hop  of  Rochestifr ;  or^ 
to  speak  in  the  langruftge  mentioned  at  your 
bar,  **  to  pull  dqwn  the  pride  of  this  haughty 
prelate." 

Your  lordships  may  remember,  that  Mr. 
Wearff  objects  to  the  Htshop's  servants,  l)ecause 
two  of  them  had  era  pi  ay  men  ts,  as  appears  by 
his  tordslu'p^s  own  letter  :  but,  uiy  lordsj  when 
they  were  examined,  they  acquainted  the 
House,  that  it  ivas  upon  the  readinfi^  of  the 
Report,  that  they  recollected  the  Bishop's  ctr- 
cnmstances  before  the  death  wf  his  wite.  Ami 
if  every  man  who  has  a  place  under  the  Bishop, 
is  not  to  be  esteemed  a  free  a^ent,  when  be  it 
upon  oalh,  I  hope  it  will  be  allowed,  on  the 
other  band,  that  those  who  have  employ  men  It 
under  the  governinent,  ougfht  not  to  be  ad- 
mitted ;  then  al!  the  %vttnesses  that  have  heeA 
broujK'ht  to  support  ttie  Bill,  from  the  decy- 
pberer  to  the  messensfer,  will  be  discredited^ 
and  the  whole  prosecuti^tn  must  fall  to  the 
ground- 

My  lords,  it  has  been  a  hardship  that  htJ 
attended  the  Bishop,  that  he  has  beeti  forced  to 
profe  a  negf alive ;  and  the  difficulty  has  been 
the  ttrong-er  upon  him,  that  your  lordBhij>s 
have  not  permitted  Mr.  Kelly  to  be  examined^ 
as  was  moved  by  a  leanied  lord,  in  my  eye; 
and  if  the  gentleman  had  swoni  what  he*  so 
solemnly  affirmed  ai  your  bar,  relating  to  this 
affair,  I  canH  conceive  we  could  have  bad  the 
least  debate. 

The  nMe  lords  who  appeared  the  most  zei- 
Ions  in  this  prosecntiun,  were  those  who  up* 
posed  the  examination  of  Mr.  Kelly  ;  whicb^ 
in  my  poor  opinion,  is*  a  strong  ai^umenlj  that, 
if  be  had  been  hrouffht  betorc  us,  he  would 
have  persisted  in  his  declarations  of  theBishop't 
innocence. 

The  reverend  prelate  has  desired  of  any  lord 
in  the  atlministration,  find  even  the  hooourablc 
person  who  appeared  at  your  bar,  to  declare, 
whether  any  one  single  person  hud  cliarged 
hira  (on  their  own  knowledjje)  of  being-  ipiilty 
of  any  treasonable  practice.  And  it  has*.,;- 
peared  to  the  contrary  :  therefore  this  whole 
chari^e  is  founded  npon  the  slight  circum* 
stances  and  improbable  innuendoes  before- men* 
tioned. 

Another  offjectioii,  which  has  been  raised,  it» 
that  Mr.  Kelly  made  resistance,  when  he  was 
seized,  till  he*  had  burnt  tomt  of  bi&  papeft : 

2\ 


I 
I 


691] 


9  GEORGE  I.  Proceedings  against  Bishop  AtUrhury^ 


[692 


hilt,  my  lords,  1  flon*t  see  any  reason  to  lay  tliis 
to  the  charpre  of  the  Bishoji. 

Kelly  is  to  answer  tor  his  own  actions,  and 
\»  unfortunately  like  to  sufler  for  them :  a  per- 
ftoii  of  his  a^:e  might  have  many  letters  in  his 
custody,  which  he  did  not  care  should  be  seen, 
and  yet  (»f  a  different  nature  from  a  traitorous 
correspondence. 

After  this  evidence  is  considered,  I  cannot 
think  your  lordships  will  establish  such  a  pre- 
cedent, which  hereafter  may  be  employed  to 
ruin  tiie  pfreatest  amonprst  you.  And  if  ever 
l;i'reaft(*r,  pains  and  penalties  are  unjustly  in  • 
fl.cted  on  any  person,  posterity  will  derive  the 
ori;>iiial  of  such  Bills  from  the  proceeding's  of 
thi«  parliament;  and  what  opinion  will  be 
framed  of  us,  should  this  be  p:ifcsed  into  a  law, 
I  submit  to  every  impartial  person. 

It  must  be  left  to  your  lordsdips'  considera- 
tion, which  will  be  ot  most  fatal  consequence  to 
tile  public,  the  leaviiiir  this  precedent  (of  cou- 
deDinin<i^  on  such  kind  of  evidence)  like  a  sword 
which  }  our  eneniies  may  take  up  when  they 
please ;  or  the  banishing'  the  bishop  of  Ro- 
chester, in  the  evening:  of  his  days,  who  alone 
could  do,  in  his  sint^le  person,  no  prejudice  to 
the  constitution.*  If  he  were  inclined  to  over- 
turn it,  as  hiff  enemies  su(>^gest,  he  is  in  a  better 
situation  abroad  thau  at  homo,  to  execute  that 
desi«<[n,  and  direct  the  counsels  of  the  dis- 
affected .f  The  ruin  of  one  nmn  will  not  heal 
the  wound,  that  the  passing  of  this  Rill  seems 
to  make  in  the  (g^overnment  of  this  kingdom. 

It  has  been  said  in  the  debate,  that  the 
Bishop  outfht  to  have  made  ])rotestation$of  his 
leal  for  his  niaj&sty  and  his  family:  but,  1 
think,  he  took  the  most  ready  way  of  perform- 
ioff  his  duty,  when  he  shewed  himself  innocent 
ot  the  crinies  laid  to  his  charge. 

If  he  had  made  use  of  any  expressions, 
which  those  \quU  blame  him  for  omitting,  the 
same  (>:ood- nature  woulil  have  called  it  hypo- 
crisy; and  those  who  are  displeased  with  his 
silence,  woubl  have  accused  him  of  insincerity. 

My  lordsi,  this  Dill  seems  as  irregular  in  the 
punishmeuts  it  inUict»,  us  il  is  in  its  ibuadation, 
and  carries  with  it  an  uuuatural  d<*^rec  of  havd- 
shiu. 

It  is  felony  for  his  children  to  correspond 
with  him  :  and  in  this  circuuistance,  it  is  dif- 
ferent from  the  only  Dill  that  carries  with  it  the 
least  resemblance  of  this ;  1  mean,  that  for  the 
banishment  of  the  earl  of  Clarendon. 

The  earl  had  flown  from  the  prosecution,  and 
retired  beyond  sea.  The  charge  against  him 
viere,  prmci|)ally,  for  advising^  a  standing 
army ;    and    another   article   exhibited    was, 

*  This  passage,  as  exhibited  here,  is  but 
awkivardly  constructed.  Of  statesmen,  who 
after  impeaching  others  have  been  tliemselves 
impeached,  see  vol.  8.  p.  127 ;  vol.  I],  pp. 
i3^  (33J ;  vol.  U,  p.  1394. 

*  See  Mr.  Uttflethorpe'bS|ieec]}  in  the  House 
•f  Coiumuitf,  N«w  IVl.  ditt.  Tol.  a,  p.  tin. 


"  That  he  had  advised  and  procured  divert  of 
his  majesty's  subjects  to  (»e  iinprisoocd  against 
law,  in  remote  islands,  garrisons,  and  other 
places,  thereby  to  prevent  liiem  of  the  benefit  of 
the  law,  and  to  proilure  preccdetitM  for  the  im- 
prisoning any  other  of  his  majesty's  subjects  id 
like  manner.'' 

The  7tli  article  against  him  wa^,  *■  That  lie 
had,  in  a  short  time,  trained  to  himself  a  greater 
estate  than  can  be  imagiiii>d  to  be  gained  U»- 
fully  in  so  short  a  time  :  and,  contrary  to  fail 
oath,  he  had  procured  several  grants  under  tiie 
great  seal  from  his  mujesty,  for  himself,  and 
his  relations,  of  several  of  his  majest3''s  \mk^ 
hereditaments  and  leases,  to  the  dis^troQt  of  kr 
majesty." 

There  need  not  have  been  any  witncnaif 
these  crimes,  for  they  were  apparcBt ;  hI 
ever3r  body  knew  that  he  was  prime  rotniilcr: 
yet  sir  Francis  Goodier,  upon  that  debate  in  tbi 
House  of  Commons,  declared  the  seotimaiii 
which  I  expressed  at  the  beginning,  "  Tlittbi 
was  not  against  proceedinir,  but  unsatisfied  to 
do  it  without  witness,  it  being  like  swearing  id 
'  verba  magistri.' " 

Another  great  man,  unon  the  same  queitioD, 
and  an  ancestor  to  a  noble  lord  near  me,  wA, 
"  That  if  the  parliament  set  aside  law  in  thii 
case,  we  should  be  happy  to  see  la\rdeclariBg 
the  power  of  parliaments." 

The  punishiiieiit  for  corresponding  with  thi 
earl  was  high -treason,  and  then  two  pofitift 
witnesses  were  necessary  to  convict:  but, is 
this  case,  one  cf»rrupt,  terrified,  and  perjured 
]>ersou  may  take  away  the  life  of  the  most  in* 
nocent  man. 

There  is  another  great  misfortune  which 
thi^  Hill  brings  upon  the  Bishop,  which  iS| 
that  he  is  incapable  of  receiving  his  mijes- 
ty's  parduu.  This,  my  lords,  is  an  eutrencb- 
ment  upon  the  prei-ogative.  And  what  mint 
make  it  the  more  severe  in  this  case,  is,  ttitt 
his  majesty's  inclinations  to  mercy  (which  trt 
the  distinguishing  characters  of  his  life)  vt 
stopped  by  this  law,  which  the  unfortunate  pre- 
late might  have  hopes  of  receivius*  when  be 
had  merited  it,  by  u  dutiful  behaviour  to  the 
country  that  had  scut  him  to  wander  abroad  in 
ixili>,  and  by  his  futui-e  conduct  havecontirm* 
cd,  if  pobsible,  ttie  eudeiice  he  has  given  of  bit 
innocence. 

Aly  lords,  in  the  case  of  the  earl  of  Dsnbfi 
your  lordships  have  declared,  that  his  banisn- 
mcnt  should  be  no  precedent,  nor  drann  \^^^ 
example  for  the  time  to  come,  and  have  lioen- 
tereil  it  in  your  Journals. 

It  has  lieen  proved,  that  this  reverend  prel<^ 
was  dt  the  time  that  he  was  susj)ecte!l  to  b* 
acting  in  treason,  engaged  in  studies  of  tbs 
most  high  nature,  which  is  a  circumstance  tb*^ 
ought  to  have  some  w<  ight. 

It'  this  Bill  piiss  into  a  law,  such  evidence  i> 
estabtibhed,  aud  &ucli  a  method  of  procecdisf 
iutn)duced,  as  must  eifectually  render  all  tb^ 
is  dear  to  us  precarious  ;  and  if  ever,  heraiM 
we  should  sec  a  wicked  administraiioD,  i^P' 
ported  by  a  corrupt  insj'>iiiy  in  pnriiinnnS^* 


end  othersyfur  a  Treasonable  Conspiracy.  A.  D.  1723. 


[694 


in  these  times  of  liberty,  will  he  a 
'ecedent  to  cfive  a  colour  of  justice 
sof  tbose  who  should  be  wauton  id 

'end  prelate,  who  spoke  before  me, 
me  casc»-  relating  to  bills  of  attain- 
in  my  poor  opinion,  differ  very 
our  present  question, 
ider  of  sir  Jobu  Fenwick  was  only 
c  want  of  a  witness  who  had  de- 
it  him  upon  oath  before  the  la^rand- 
tio  was  spirited  away  by  the  pri- 
ds :  but  at  present,  3'our  lordships 
ly  the  defect  of  evidence,  by  con- 
improbable  conjecture.  There  was 
in  this  House  the  other  day,  I  don't 
S  who  made  the  greatest  figure  in 
o  that  Bill,  1  wish  we  could  have 
re  on  this  occasion. 
!,  since  that  reverend  prelate  has 
!  cases,  he  will  permit  me  to  remind 
18  been  ibimerU  said  upon  acts  of 
hat  such  bills,  like  Sisyphus's  stone, 
|ntJy  rolled  back  upon  those  that 
ief  promoters  of  them.* 
lential  argument  should  restrain  us 
too  forward  with  them  at  this  time 

yr  the  attainder  of  the  earl  of  March 
ause  he  had  been  instrumental  in 
le  attainder  of  another  lord,  under 
a  letter,  wliich  the  rucord  says  was 

Cromwell  t  is  another  known  in- 
is  observation  :  he  was  the  tirst  who 
violent  prucetMling  in  Henry  the 
and  It  is  remarkable,  that  the  ad- 
re  to  the  ruin  of  others,  proved,  not 
atal  to  himself. 

►w  nfiven  }\u\r  lordships  the  reasons 
gainst  the  Bill.  I  fear  I  have  tireil 
ice,  and  shall  tlierdbre  conclude 
irds  of  tlie  ^rreat  man  1  before  men- 
nean,  sir  lleneage  Finch,  in  tlie 
earl  of  Clutentton — "  We  have  an 
ipon  hearsay,  and  if  it  is  not  niaile 
dackest  scandul  heil  can  invent  lies 


lit  of  this  debate  was,  that  the 
the  iiouse;  it  aCterwards  obtained 
ii«ut,  and  uas  as  iii^rted  at  pa^e 


vmarkable  anecdote  relating  to  this 
It  bis  grace,  then  in  opposition  to 
went  to  Chelsea"  [Walpolc  Iive4t  at 
the  day  before  the  last  debate  on 
'•  affair,  where  acting  contrition,  he 
€10^  determined  to  woik   out   his 

1.632,  633,  of  vol.  1],  and  vol.  8,  p. 
we  referred  to.    8ec  also  (Jregg's 
14.  p.  1371,  A.  o.  1707-U. 
lis  Caae  in  this  Collectiuo,  vol.  1, 


0 


pardon  at  court,  by  speaking  against  the  Bi* 
shop,  in  order  to  which  he  begged  some  hints. 
The  minister  was  deceived,  and  went  through 
the  whole  cause  with  him,  pointing  out  whera 
the  strength  of  the  antument  lay,  and  where 
it*s  weakness.  The  duke  was  very  tliaukful, 
returned  to  town,  passed  the  night  in  drinking, 
and  without  going  to  bed,  went  to  the  Hou»a 
of  Lords,  where  he  spoke  for  the  Bishop,  reca* 
pitulating  in  the  most  masterly  manner,  and 
answering  all  that  had  been  urged  against 
him."  Horace  Walpole^  (k»nl  Orford,)  (  aU« 
logue  of  Royal  and  Noble  Authors,  art.  Whar- 
ton. 

It  may  be  observed  that  in  the  debate  which 
arose  out  of  Atterbury 's  Petition  for  directions 
whether  to  defend  himself  in  the  House  of 
Commons,  (see  p.  434.)  the  duke  of  Wharton 
opposed  a  motion  declaratory  that  the  Bishop 
ought  not  to  defend  himself  there,  and  said 
that  the  Bishop  having  already  applied  to  the 
House  of  Commons  to  assign  him  counsel,  it 
was  preposterous  for  him  to  pray  the  Lords  not 
to  give  bira  leave  to  be  heard  before  the  Com- 
mons, which  was  the  drift  of  his  Petition. 
See  New  Pari.  Hist  vol.  8,  p.  210.  This  cir- 
cumstance  might  render  it  more  easily  credi- 
ble, that  Wharton  was  lndis|K)sed  towards  At- 
terbary. 

Mr.  W^nne,  after  dispatching  the  vindica- 
tion of  his  father  (see  p.  510,)  proceeds  to  de- 
fend the  duke  of  Wharton  from  lord  Orford 's 
imputation.  I  will  transcribe  his  own  expres- 
sions : 

'<  I  was  going  to  close  these  observations  ; 
but  as  the  author  has  thought  (it  to  introduce 
the  foregoing  passage  in  hisanecilote  of  an  nn- 
fortunate  duke,  1  am  apt  to  think,  he  is  in  that 
res|»ect  also  mistaken, or  misinformed.    I  would 
not  be  understood  to  defend  his  levities,  or  want 
of  principles,  (as  the  author  calls  them,)  but 
happening  to  know  the  company  his  lordship 
had  wiih  him  almost  every  liour  of  that  day 
before  he  spoke  in  the  House  of  Lords,  and  to 
whom  he  was  pleased  to  shew  his  8|>eech  ready 
flrawn  up,  all  in  his  own  hand -writing,  whom 
he  pressed  to  peruse  it,  and  during  that  con- 
versation, his  grace  altered  and  supplietl  it,  as 
he  thought  proper,  upon  the  spot,  and  I  be- 
lieve, is  the  same  in  substance  as  that  w  bich 
soon  after  ap|)eared  in  print,  and,  notwithstaml- 
ing  the  author's  insinuation,  1  believe  I  cau 
truly  add,  that  he  hardly  ever  passeil  a  day  or 
evening  more  soberly  than  that,  and  happy  it 
would  have  been,  bad  be  passed  more  in  th« 
same  manner. 

**  So  that  this  nas  not  a  sudden  start,  npoti 
conference  that  day  or  night,  with  the  ininiater, 
under  a  feigneil  contrition  to  draw  hints  fp«nic 
him,  which  be  did  not  want.  For  it  is  >vol 
known,  bis  trrnce  bad,  from  the  begiimuv 
to  the  end  of  that  long  proceeihng.  coiihUuO 
attended,  and  took  notes,  amounting  at  lei^ni  t^ 
quire  of  paiier,  and  not  only  spoke  on  U;\,^\|- 
the  Bishop  in   the  run  oft  tht  caua«^  Wv  ^ 


to5]  10  GEORGE  t. 

signed  soreral  protests  ooncerniagf  thoss  pro- 
owdiog[8  many  days  befbre.  If  the  minister, 
•tier  this,  was  deceived,  he  was  easily  deeeived, 
and  contrary  to  his  known  and  asual  sagacity, 
and  in  a  matter  tery  notorious  to  most  others. 
*<  This  don*t  rest  merely  upon  my  tassertioD, 
(though  f  was  present  everv  oay,  and^berelbre 
DO  incompetent  witness,)  but  might  appeal  to 
others  still  aU?e,  and  to  the  Jonmals  them- 
selves, as  well  as  to  the  printed  protests  ^iu  folio 
and  in  octavo,)  where  his  grace's  name  is  to  be 
found  among  other  noble  lords,  on  the  Sd  of 
May,  173S,  and  on  the  8d,  7th  and  11th  of 
May.  And  at  last,  on  the  general  question, 
whether  the  Bill  should  pass,  (15th  of  May) 
afler  he  had  spoke  at  large  upon  the  debate,  he 
not  only  protested  again  for  some  of  the  reasons 
given  by  the  other  lords,  bnt  added  four  more 
of  his  own.  So  that  there  seems  to  be  no  room 
to  doubt  but  that  his  lordship  was  all  along  as 


Trial  of  Edward  Arnold, 


[69« 


much  prepared,  ftzed,  and  determined  npoa 
this  matter,  as  any  one  could  be.  Wbrtber  he 
was  right  or  wrong  in  his  judgment,  I  don'l 
presume  to  sajr. 

**  It  is  not  improbable  bnt  he  might  go  to  tbe 
minister  at  some  other  tiRie,  as  he  did  once  er 
twice  dine  uninvited  at  the  Board  of  Grreen  cMi, 
that  was  kept  in  the  neighliourhood  during  thit 
prooeeding,  by  way  offrolic  or  fan,  or  as  tbe 
anthor  calls  it,  in  a  fit  of  levity ;  but  not  ly 
way  of  information  or  instroetion,  or  to  kg 
bints,  and  because  he  was  sufficiently  ma*r 
of  the  whole  proceeding  from  his  own  notn  mi 
obserrations." 

According  to  bishop  Newton  (see  (be  M- 
count  of  bis  life,  written  by  himself)  Wltf- 
ton's  father  had  predicted  ofnim  that  he  wsrii 
always  take  wrong  courses,  would  lean  kii 
politics  of  Atterbury,  and  be  mined. 


465.  The  Trial  of  Eidwahd  Ahnold,  for  Felony  (in  maliciously  and 
wilfully  shooting  at,  and  wounding,  the  Right  Hon.  the  Lord 
Onslow),  at  the  Assizes  held  at  Kingston  upon  Thames,  in 
Surrey,  March  20,  before  the  Hon,  Robert  Tracy,  esq.  oni  j 
of  his  Majesty*s  Justices  of  the  Court  of  Common-Pleas: 
10  Georce  I.  A,  D.  1724. 


Rex  r«r.  Arnold. 
Edward  Arnold  brought  to  the  bar. 

Surry  is.  JUR'  pro  Domino  Rege  sup'  8a- 
rrum  suum  presentant <)tioil  Bduardus  Arnold 
nu)»'  de  Paroch'  Sci  Nicbolai  Guiklford  aliii 
Gukleford  in  Com'  Sorr*  predict*  post  primuro 
diem  Junii  Anno  Dom'  Miltimo  aepting^entesi- 
mo  Ticetimo  tertio  acilt  viceaimo  octavo  die 
Au^riifiii  anno  Rc^i  Domini  nri  Oeor^i  Dei 
Oralia  Magna  Britannic  Franc'  et  Htbemie 
Kegfia  fidei  Dcfenfloris,  ^c.  decimo  vi  et  armia, 
&c.  apud  Paroch'  Sci  Nioholai  Guildford  aliis 
Guldetbrd  pretlicl'  in  Com'  Surr*  pred'  in  et 
sup'  preliooorabil'  Thomam  Dominum  Onalovr 
Baron'  Onslow  de  Onslow  in  Com'  Salop  et  de 
Clandon  in  Com'  Surrey  in  pace  Dei  et  dieti 
Domini  Re^R  adtuac  et  ibidem  exiiteu'  illice 
felonice  volontarie  malitioae  et  ez  malida  sua 
precogitat'  insult'  fecit  et  adtunc  et  ibidem  Idem 
£drus  Arnold  quoddam  Turmentum  Augee 
*  gun'  Talent  quinq'  so'jd'  cum  pulvere  Bnm- 
bai'dino  Aogue  *  gunpowder'  et  plurobei^  Glo- 
huiis  Ang:ce  *  leaden  shot,'  adtunc  et  ibm'  one- 
rat'  quod  quidm'  Tormentum  ipae  idm'  £drus 
in  manibus  &ui8  adtunc  et  ibm'  habuit  et  tenuit 
in  co.itia  ad  et  ▼ersiia  pretat'  prelionorabil' 
Thomam  Dominum  Onslow  (eodem  prehono- 
rabil'Tboma  Domino  Onalow  in  aim  Hagia  m 
•pod  I'ftiticb*  Sd  NieMai  GniMftnl  nliu  Qnl- 
dietbnl  nmliei*  ia  Oa>a^  *>-»* 


ploait  et  exoneravit  Angoe  *  did  aboot,'  piadt 
adtuno  et  ibm'  dans  eidm'  Thome  Domino  Oa- 
slow  in  et  sup'  sinistrum  hnmemm  ipnav 
Thome  Domini  Onslow  unum  grave  vuhui 
latitudiuis  Sex  Pollicum  et  profunditat'  DaS' 
rum  Pollicum  contra  pacem  dicti  Domini  Ba' 
gis  nunc  Coron'  et  Dignitat'  suas.  Sec.  nee  oea 
eontra  fbrroam  Sutut'  in  hnnioi  casu  edit*  ct 
previa'. 

Clerk  of  Arraigns,    How  say  est  tbou,  Bi' 
ward  Arnold,  art  thou  Guilty  of  the  ielsaf 
whereof  thou  standest  indicted,  or  Not  Guilty  f 
Prisoner.  Not  Guilty. 
CL  efArr.  Culprit,  How  wilt  thou  be  liicdf 
Prisoner.  By  God  and  my  country. 
CI.  ^Arr.  God  send  thee  a  good  delircraiieei 
CL  ofArr.   You  Edward  Arnold,  the  pri- 
soner at  the  bar,  hearken  to  what  is  said  to  ys«* 
Those  good  men  that  are  now  called,  and  d» 
iiere  appear,  are  those  that  are  to  pass  betweett 
our  sovereign  lord  the  king  and  you,  upon  yooT 
life  and  death ;  if  therefore  you  will  clialkef^ 
tbem,  or  any  of  them,  30U  must  ehalkng* 
them  as  they  come  to  tbe  book  to  be  sworii 
belbre  they  are  a  worn. 

Then  the  Jury  were  swon. 

Cl.ofArr.  Count  these. 

C*f3fep.  Art  you  ail  aworo,  genttenaii  f 

jMry,  Yen. 

CL  ^Arr.  Mdn  a  praeiaiiiatfoii. 

Ofjf&r.  O  Yets  if  any  of  ytu  eta  Mltf 


Jar  sh&oitng  at  Lord  Onslow* 


A<  a  1724. 


[69S 


ie  \Lin^*9  Jufiiice,  the  liing's  tl- 
Motfcitctr  (feuemU  of  any  trrasonf 
ny,  or  other  miitlemeaoor,  com- 
llie  priBOuer  at  tbe  bar,  come  forth, 
U  he  hetnl ;  tur  the  iiriiioner  at  the 
inds  upon  Ins  ildiverun^e  :  and  nil 
ind  hy  recotjFnizanre  to  proseciile 
r,  come  forth  and  prosecute,  or  jou 
eil  v<^ur  r(?ro|^nizances, 
^drr.  EtlfvaH  Aftioht,  hold  fip  thy 
Botletnen  of  the  Jury,  look  upon  the 
^^(1  hearken  to  his  cause;  he  sUtndfl 
,|lec,  *  ul  supra;*  upon  vvhirh  indirt- 
\  hath  h^en  arra)^ne<l»  and  pleaderi  Not 
your  chftr^re  is  to  euijuire  whether  he 
ly  of  the  felony  whereof  he  stiiQils  in- 
►r  Not  GuiKy. 

lun^rrford,  I  Only  be^  le«?e  la  trouble 
nlH|]i[)  Wy\\\  one  i^rord  in  this  btiaiaefis. 
I'iliiliip  huth  l»een  ap^died  to  by  petition, 

« davit  thereto  annexed,  in  respect  to 
ctfcumstances,  that  he  may  have  a 
htm  ti»  call  Im  witnesses  only.    1 
7  I  nay  he  read. 

fWc  V.  Read  the  petition  and  affiilartt. 
Bj*To  the  honourable  Robert  Tracy, 
^Thc  humble  Petition,  &c.** 
Rwger/brc/.  My  lord,  all  that  we  desire 
lietnay  he  by  liuii»  to  tell  and  to  assist 
^\\\t\^  for  his  witnesses. 
Cheshire.  My  lord.  1  am  commanded 
[his  uervice,  as  1  have  the  honour  to 
g'i  counsel ;  and  i  apprehend  no- 
etcd  from  me  of  a  consent  to  a 
kind.  Your  lonkhip  is  of  cottusel 
ioners,  who  by  law  can  have  none, 
nail  ean't  hare  any«  This  is  a  dcaigrn 
itali  th«  juNlif^e  this  man  is  coming 
Ifid  to  anticipate  it.     My  lord»  if  any 

Kirv  in  the  imture  of  this  man's  de- 
lir!i  behaTiotrr,  your  )ord&hi|i  will 
Eliat  the  officer  en  Us  ^r  what  eri- 
i  pfO[ief*  Nolhing  haih  appeared  in 
t*t  conduct,  as  1  am  informed  '  he  haih 
led  10  his  trial ;  he  hath  pleadeif  in  the 
I  method  as  other  people  do  ^  and  the 
ny  Btghl,  aeenis  as  ^ensihle as  myself,  or 
in  court :  therefore,  when  nothing 
they  must  have  recourse  to  the 
dm  affidarit.  What  is  this  afli' 
affithivit  of  Itvo  brothers,  that  he 
liath  been,  ^c.  which  is  more  to 
_  pivaccution  iliah  any  thine  eke, 
tbong^ht  him  so,  why  hath  he  not  been 
4f  mfid  a  commii»»ion  of  lunacy  taken 
ta  no  pretence  of  that.  As  this 
with  so  horrid  a  fact,  I  can- 
this*  I  am  sure  your  lordship 
ttew  pret«dient.  And  pardun  me, 
Kay  yonr  lordship  is  of  tx>nnsel  lor 
\  and  tjH  it  doth  appear  that  he  is 
If  lordiht|f  will  make  no  oew  pre- 

akir.    My  lord,  f  am  hkewiae  of 

;  the  king;  and  I  muu  needtt  say, 

I  have  hati,  I  never  saw 

t  ofbred.    I  have  baen 


iQilif 


attending  often  on  tndtrtments  at  the  Old  Bai- 
ley, ofid  else%rhere,  and  sometimes  when  mad 
peuple  came  on  to  trial,  and  have  been  i^ally  in 
liiTit  condition  that  tliL"  persons  would  i%vbcy  the 
pri!^)tier  to  be ;  hut  such  an  attempt  as  ibis  I 
never  knew  hetbre.  Vour  lordship  and  tha 
Court  will,  when  a  mao  pleads  Not  Guilty,  do 
right,  and  enquire  af\er  this  matter :  if  thera 
is  any  preienre  for  insanity,  it  is  bisdrfence  ; 
btit  that  the  ctmnsel  for  the  kin^f  should  give  it 
up,  and  yield  that  he  is  ko,  cannot  lie  e^cpected; 
lor  by  agreeing  to  ihi?(  petition  we  do. 

It  is  very  extraordinary  io  hear  counsel 
apfttking'  tdi  they  are  aciti^ned  ;  hut  as  they 
have  taken  that  liberty,  1  don't  blame  them  % 
every  one  is  to  do  the  best  for  his  client :  but  I 
hope,  for  precedent  sake,  and  far  justice  sake, 
th»re  shall  not  the  least  countenance  be  (i^iveti 
to  this  matter  ;  I  take  it  we  caonut  con^tnt  to 
it.  By  taw  the  prisoner  cannot  have  coun- 
sel ;•  therefore  \  ho^ie  this  petition  sbull  be  re- 
jected* 

Herj.  Cotnyns.  1  shall  not  trouble  your  lord- 
ship; it  is  a  matter  so  new  and  surprising^, 
that  I  need  not  add  to  what  hath  been  al^ 
ready  said,  but  shall  submit  it  to  your  lord- 
ship. 

Mr,  Marsh*  My  lord,  I  bey  your  lordship 
will  indulife  me  oni*  word  in  this  matter.  The 
attempt  they  make  is  to  have  a  lunatic  as* 
siitetl  in  his  trial.  With  submission,  1  dun'l 
know  any  assistance  he  is  capable  of:  for  if 
realty  a  lunatic,  he  is  insensible,  lio  as  Io  re- 
ceive no  assistance,  sup^toMng^  he  committed 
the  fact. 

As  to  calling'  his  witnesses  to  prove  this  in- 
sanity, these  very  brothers,  if  Aiey  ^ttiiid  iq 
any  part  of  the  Court,  may  e<jualfy  call  them, 
as  well  as  if  they  had  any  a.ssistance  ufun  at- 
toniey  or  solicit ar  to  stand  by  him.  1  would 
not  fling"  any  imputation  on  any  person  ;  but  if 
the  man  hath  a  desi^  to  act  a  mad  part,  as  tbe 
design  will  appear,  if  he  be  really  sensible, 
then  he  is  capable  of  receivings  the  msinictions 
of  the  agent,  if  he  happens  to  be  out,  how  to 
bfc'have  liimnelf  mad  ;  so  that  no  good,  but  a 
very  had  use  may  be  made  of  it.  As  to  the 
consent,  we  can't  do  it.  We  think  as  to  ihe 
subject-matter  of  the  petition,  your  lordshi|i 
canH  grant  it,  from  the  inconvenienciea  that 
may  attend  it. 

Sir.  J  lunger  ford.  !■ 

8erj.   [Vhttakcr.    My   lord,   we  oppose  hia 

sprakintr. 

Mr.  Hungerjord,  I  was  Cfoing 

Just.  Ttftij,   It  mu^tnot  Ite, 

Mr.  Hungcfford,  My  lord,  I  know  my  duty 
so  wcM,  thai  I'lubuiit :  but  I  see  your  lord»hip 
huth  more  temper  and  lenity.  1  btjlieve  it  tj 
tnditferent  what  jiart  of  the  court  liiw  brttiliera 
are  in,  if  his  solicitor  stand  by  hitu,  I  know 
no  other  use  to  be  made  uf  it  than  to  call  hii 
witneasoa. 

Just.  Tracy.   I  canH  do  ii  ol. 

What  my  brother  aayi*,  the  1  It 

is  my  dutv  to  t^vehiin  all  the  an^isutjcc  1  ^aa  i 
aod  that  I  will  do* 


I 


I 
I 


699]  10  GEORGE  I. 

Mr.  Hungerford.  Let  the  names  be  handed 
to  somebody  to  call  the  witncssei . 

Sag.  Cheshire.  We  that  are  counsel  for 
the  king  will  do  nothing  that  is  hard. 

8erj.  WMtaker,  No,  1  never  will,  while  a 
tnan'a  life  is  at  stake.  None  of  us  will  do  any 
thing  that  is  hard. 

Just.  Tracy.  I  don*t  believe  you  will. 

Mr.  Ballard.  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury,  this  is  an  in- 
dictment at  the  suit  of  the  king,  against  Ed- 
ward Arnold  ;  and  the  indictment  sets  forth, 
that  Edward  Arnold,  late  of  the  parish  of.  Sec. 

To  this  indictment  he  hath  pleaded  Not 
Guilty  ;  if  we  call  our  witnesses,  and  prove  the 
indictment,  you  will  find  him  Guilty. 

Serj.  Cheshire.  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury,  I  am  in  this 
case,  counsel  for  the  king.  The  prisoner  at 
the  bar,  Edward  Arnold,  stands  indicted  upon 
an  act  of  parliament  of  the  last  session  of  par- 
1  lament ;  und,  gentlemen,  it  is  for  maliciously 
and  wlilully  shooting  the  lord  Onslow,  and 
wounding  him,  as  he  apprehended,  and  as  will 
appear  from  theevidence,  mortally.  It  pleased 
God  to  preserve  him ;  but  notwithstanding  that, 
the  fact  by  him  committed  is  felony,  without 
benefit  of  clergy.* 

And,  gentlemen,  though  we  need  nothing  to 
justify  a  law,  made  necessary  from  instances 
in  your  own  neighbourhood,  yet,  give  me  leave 
to  tell  you,  it  is  but  reviving  the  old  law  of 
England ;  for  by  that,  if  a  person  did  an  act  to 
another,  whereby  death  might  ensue,  notwith- 
standing the  party  did  not  die  in  a  year  and  a 
day,  it  was  felony.  We  have  instances  of  this 
80  early  as  Edward  the  second,  and  Edward  the 
third  ;  but  I  own,  of  later  years  this  hath  been 
discontinued,  and  held  an  offence  punishable  at 
discretion,  yet  not  punished  with  death,  till  this 
act  I  have  mentioned,  which  is  but  only  the  old 
law  of  Eiigland  revived.  And  if  the  barbarity 
of  neo|)le  made  it  necessary,  it  became  the  le- 
gislature to  make  it  felony,  without  benefit  of 
cKrgy. 

Gentlemen,  the  fact  this  person  hath  been 
guilty  of,  was  committed  in  this  manner.  On 
the  28th  day  of  August  last,  within  less  than 
three  months  after  passing  the  act,  as  if  the  fel  • 
low  bad  studied,  and  been  f(U)d  of  U^ng  the  first 
instance  of  cruelty  that  should  suffi  r  by  this 
act,  this  noble  lord,  mentioned  in  the  indictment, 
and  ujion  whose  life  this  {lerson  had  a  deliberate 
design,  had  been  out  with  gentlemen  a  hunting 
a  lox- chase :  upon  his  returning  down  a  lane  in 
the  king's  highway,  as  will  appear  by  the  evi- 
dence, one  air.  Flutter  was  on  my  lord's  Icfk 
band,  and  Mr.  Fawks  almost  on  his  right,  my 
lord  in  the  middle ;  Mr.  Flutter  then  observing 
the  prisoner  at  the  bar  coining  up  with  his  gun 
cock'd,  and  the  muzzle  towards  him,  asked 
biin,  what  was  the  meaning  of  his  coming  in 
that  manner,  with  his  muzzle  of  his  gun,  and 

*  See  Leach's  'Hawkins's  Pleas  of  the 
Crown,  b.  ],  c.  55,  8.  1.  East's  Pleas  of  the 
Crown,  c,  8,  s.  6. 


Trial  of  Edward  Arnold^ 


[700 


his  gun  cock'd  ?   The  man  makes  no  answer, 
goes  en  a  pace  or  two,  turns  back,  and  takes 
aim,  and  shoots  at  this  noble  lord.     The  blast 
being  so  near,  it  struck   him    off  his  horw, 
wounded  him  in  a  cruel  manner :    it  proved  (it 
pleased  G<k])  not  mortal,  and  that  because  be 
could  not  buy  such  shot  as  he  designed.    Ny 
lord,  it  must  naturally  strike  horror  to  tlioie 
about  him,  who  had  no  apprehensions  of  tbii 
kind,  to  find  the  noble  |»erson  thus  shot.    Yoa 
will  easily  believe,  they  alighted  to  liisaimt- 
ance,  they  got  him  to  the  bank ;  he  cry'd,  He 
villain    hath  kill'd  me;   as  well   he  uugbl: 
some  of  the  company  observing  the  fellow,  W 
went  on  his  way  thirty  or  forty  |>aces :  ikf 
overtook  him,  and  he  resisted  at  first,  batkif 
brought  to  the  noble  lord,  whom  he  hid  te 
wounded,  he  makes  no  excuse  ;  he  seenui  Is 
struggle,  according  to  the  account  I  have  in  ny 
brief;  he  seemed  to  be  pale  and  livid,  and  to 
have  great  rancour,  and  aimed,  with  the  bh- 
ket,  to  do  that  that  the  shot  had  not  done;  but 
that,  you  may  easily  imagine,  was  prereDtad. 
Gentlemen,  one  would  wonder  howatbiii| 
of  this  kind  could  enter  into  his  head ;  bat  upon 
enquiry,  this  cruel,  barbarous  man  hath  inedi* 
tated  on  this  in  his  thought  for  some  time ;  aai 
now,  after  facts  are  done,  people  are  apt  ts 
make  discoveries,  and  they  knew  farther  thn 
they  knew  before.    One  would  be  apt  to  es- 
quire, what  could  be  the  occasion  of  this?  Om 
would  think  this  noble  lord  bad  abused  and  ia- 
jured  this  man  to  the  last  degree ;  so  farfmn 
that,  that  this  noble  lord  was  unknown  to  tht 
man ;   the  man  did  not  know  biro,  but  was 
forced  to  seek  opportunities  to  know  this  DobU 
lord,  that  he  might  seek  this  revenge,    it  ii 
not  properly  revenge,  because  revenge  is  a  re* 
turn  to  an  injury,  but  here  was  no  injury  doot 
this  man  by  my  lord ;  my  lord  did  not  know 
him,  nor,  for  aught  I  know,  the  man  did  not 
know  my  lord.   But  how  then  came  this  about? 
According  to  the  tenor  of  his  confession,  it  anM 
from  the  most  wicked  things.    This  noble  luid 
is  known  to  you  all,  he  hath  always  appeared 
in  the  service  of  his  country,  an  asserlor  of  tha 
liberties  thereof,  always  endeavoured  to  tup|)Oit 
the  pretient  government,  in  the  House  of  Han- 
over, and  is  fur  the  Protestant  religion,  agaimt 
rebels,  and  for  suppressing  clubs,  and  places  of 
meeting  for  people's  wicked  enterprizes ;    sod 
if  that  be  a  fault,  I  hope  it  is  a  fault  most  of 
you  are  guilty  of,  and  will  be  guilty  of;  tbst 
you  are  for  asserting  the  liberties  of  yourcouo* 
try  and  your  religion,  and  for  supporting  tbo 
crown ;  and  if  this  man  is  to  be  believed,  tbo 
people  had  inspiretl  him,  brought  him  to  a  pitch 
qf  enthusiasm,  1  don't  know  what  to  call  it,  thit 
my  lord  was  an  enemy  to  his  country,  and  bo 
thought  he  should    do  God  and  his  conoti/ 
good  service,  by  destroying  him:    hence  iti^ 
necessary  to  shew  what  eviilcnce  wc  have^ 
open  to  you,  and  tell  you  what  preparatioa 


your  eye«;  to  extenuate  Ibe  criiat|tbi^^ 


I  ac(€<]  like  a  marlman  ;  he  hail  a  9te&r}yanfl 
late  desig^Q,  and  used  &tl  proper  meabs  to 
cliu 

Sentlemeiii  though  he  acted  like  a  wicked 
J,  Toid  of  reason,  y"U  wifl  liave  litlle  reasuti 

he  actfd  tike  a  madmiin. 
irery  man  that  so    depjtrts  from    reason, 
ry  nicked  mnn  may  be  said  lo  be  a  m;id* 
but  I  hope  that  tihall  not  fikre(!ti  all  that 
t|  a»d  free  and  exempt  them  from  punish- 

'  lord,  ihemorninij  this  ha|vppncd  he  went 

he  house  of  one  Smith,  and  had  n  quarter 

I  pouod  of  |Jov*der,  aocl  a  pound  of  ahol ; 

ibe   person  directed  I  hem  to  Not  S,  and 

him  that  shot  which  was  a  Ur*^er  sort 

I  used  to  hare  :    and  it  Jieeuis  he  is  a 

iman,  sia  you  will  hear ;    tt  was  at  way  si 

nets  to  aim  at  the  head. 

ad  the  powder  and  the  shot;   aDd  that 

I  he  wag  met  by  one*  w  ho  heArinaf  him 

his  g'un,  asked  what  he  had   been 

^.  what  he  h«d  killed,  as  you  wiU  hear 

I  one  of  the  witnesses:   says  he,  I  only  did 

>  discharijp  ray  ffon.     Gentlemen,  thrs  is  to 

'  that  the  purpose  was  steady  in  hiui)  and 

would  meet  with   no  di«appoiatment,   but 

I  his  purpose  might  lake  effect.    Vou  kuow, 

I^UQ  that  hath  been  char^r^d  some  time,  aud 

by,  some  wet  or  damp  may  happen  to  it 

vent  its  goin^  off;    in  order  \o  hinder 

first  discharges  his  gun,  and    then 

'  airaiii,  that  he   miglit  be  secure  of  its 

otf.     AdiI  after  he  had  H^us  prepnred 

ihe  next  Ihiner  was  to   be  apprised 

ray  my   lord  was   crone,  wliicli  way 

t  went ;    he  was  asked  the  reason,  Are 

tgOiOcr  a  hunting  ?    He  falls  out  into  a  rage, 

my  ford  Onslow  was  an   enemy  to   his 

try;     and   if    he   could   meet    him,    he 

uld  ahoot  hint,    >Vltfiio  a  iew  nvinutes  af>er- 

Is  this  noble  lord  with  htii  company^  us  I 

meotiooed,  oarne  by.     The  nun  hein^ 

pr** pared,  di&chiirgedi  his  fjun,  and  exc* 

1  hi<»  wjfke<l  de.-iign.     My  lord,  this  is  the 

of  the  thioi; ;    and  this  coming^  to  his 

tr'i  ears,  he  cotdd  not  but  be  concerned 

u!m   niiiurired  emioent  and  sieatotis 

:»*i4with  such  treatment : 

:       ,  hath  jjiren  directions  lo 

!  his  own  servaniM  appear  in  thn)  prosecti- 

i  to  see  ihnt  ri(flit  iM^Vbtoe  :   and  if  we  make 

!  lo  be  the  i*iic\^  ttiere  is  no  nted  of  rhe- 

;  or  flourish  of  words  to  deceive  you,  nor 

clirvi?  of  uny  thing  to  work  up  your  pas-^ions, 

'  toiiersiuadeyou  (odorit^hl  hiiween  tbekiuj^' 

'  tthe  prisoner;   ivhich  ts  all  we  detiire, 

•j,  iVhifaktr.  Mav  it  please  your  lordship, 

ntU'inen  ot*  the  jury,  I  am  eounsel 

fur  the  kin^;  ;   and  ttiough  we  linre 

toimiMir  lo  snrve  the  king,  yet  we  desire 

\  but  accordiut^  to  the  calm  rules  of  jus- 

If  the  ev  id  core  satisfy  you,  that  this 

on,  this  man,  is  guilty,  then  we  expect  y<5U 

;'  if  it  ii  not  sutficient,  nothing  said 

*  IIS  should  iiinucnce  you   lo  do  an  irTjury  : 

rcfore  whttlher  ib^  man  i«  gailty,  and  a 


Urd  Onslow.    ^^^     a.  D.  172^.  [70* 

proof  of  that  is  the  tuatter  which  is  lo  be  laid 
before  you,  we  wonH  iM-e  any  manner  of  per- 
sua^iion  one  way  or  other,  but  ptainly  lay  the 
fact  before  you. 

Gentlemen,  this  man  is  itidtcted  upon  an  aet 
of  parltament  passed  the  last  sessions ;  and 
this  act  of  parliament  every  body  thinks  a  ne- 
cessary act  J  and  if  so,  it  is  a  just  and  good  act ; 
and  if  it  be  just  and  good,  it  is  tit  it  should  ba 
put  tn  execution  when  it  h  tran^jressed.  Cii'n- 
tleuien,  1  shall  lake  up  liltk*  more  of  your  time 
than  only  to  slate  one  or  two  lact^j,  which  we 
shall  farther  lay  before  you» 

VVheu  the  wound  was  given  to  this  noble 
bird,  there  was  some  discourse  with  him 
about  it ;  and  among  the  rest  one  gentleman, 
you  will  observe,  w*ho  was  in  company,  and 
riding  by  my  lord  Ouslow,  asked  him,  how  came 
it  to  pass  be  had  not  shot  him  ?  iSfr,  says  he, 
you  are  au  innocent  man.  This  we  make  us« 
of  for  these  two  purposes :  the  one  to  a  heir 
that  be  had  particular  malice  against  my  lord 
lluelow  ;  upon  what  occasion  haih  fjeen  opened 
by  my  brother,  and  I  shall  not  repeat  it :  the 
other,  to  shew  that  this  was  done  wuh  great 
deliberation,  and  done  against  this  uobte  lord. 

Geotlem^'n,  then  further,  when  it  comes  lo 
be  eo<[uired  of  him  afterwards,  when  he  seemed 
to  he  eool,  ilow  eame  you  to  do  this?  and^ 
It*s  pity  he  should  be  guilty  of  such  an  act; 
he  says.  Have  no  cooceni  for  me ;  I  must  an- 
swer J'or  it-  Gentlemen^  these  things  shew 
that  be  had  no  matiner  of  retnorse^  not  the 
least.  One  won  hi  linwc  thought  in  case  of 
passion  and  revenge,  when  j»eople  had  vented 
their  malice,  they  would  come  lo  repent,  and 
be  concerned  ;  but  instead  of  that  it  appears, 
by  his  discourse  afleruards,  be  had  not  th« 
least  concern  or  remorse. 

Then  as  to  his  preparation  for  this  fact,  it 
bad  all  the  deliberation  in  it  as  could  be :  he 
^ops  lo  a  shop  where  he  used  to  buy  his  powder 
and  shot ;  but  ihey  happen  not  to  provide  him 
with  so  large  a  shot  as  he  cxpt^cted  ;  he  at  that 
lime  asked  for  the  largest  shot ;  Ihe  master  of 
the  bouse  was*  not  within,  hui  the  luistresa 
was;  says  she,  Go  and  fetch  No,  3,  which 
proved  not  to  ba  so  large  ns  he  would  hare  had. 
Wo,  2  is  looked  oul  for  him,  and  lie  buys  a 
quarter  of  a  pound  of  powder  and  a  pound  of 
this  shot. 

This  evidence  we  shall  gire,  and  add  to  what 
hath  been  opened  already  ;  anri  then  we  shall 
leave  it  to  your  ci^uscieoces  and  yuur  judg- 
ments, whether  we  have  not  sufficiently  proved 
the  charge  in  tlie  indictment ;  and  if  we  have, 
we  shall  appeal  to  your  judgment*!,  and  to  your 
consciences,  what  verdict  to  Lring  in. 

8erj.  Ctmyns.  My  lord,  we  shall  beg  leave  tu 
call  our  witnesses. 

Mr.  Flutter  iworn. 

Serj.  Cheshire,  Sir,  will  you  tell  my  [onl  and 
the  jury — giveao  account  of  what  pasfeil  whea 
this  fact  was  commilted. 

Just  Truci/,  Bid  Ihe  prisoner  come  up- 
Kvig^i  Cvurt*fi  VVc  duiire  ha  may. 


I 


I 


I 
I 


^S]  10  GEORGE  I. 

(Brought  op  accordingly  nearer  to  the  (!knirt) 

Just.  Tracy,  (To  the  Prisoner.)  As  all  the 
in'itnesses  come,  if  you  bate  any  queation  to 
ask,  put  it  to  Die,  and  f  will  ask  your  question 
for  you ;  1  will  gi?  e  you  all  the  assistance  that 
lies  in  my  powerl 

Flutter.  As  we  were  coming  back  from 
hunting  with  my  lord  Onslow  we  cane  into  a 
narrow  lane,  a  sandy  lane  near  Guildford ;  niy 
lord  Onslow  was  on  my  right  band,  I  was  eren 
with  him ;  I  saw  a  man  coming  up  towards 
us ;  this  man,  the  prisoner ;  and  I  saw  he  had 
his  gun  cocked ;   he  met  us. 

Seij.  Cheshire.  Did  you  say  any  thing  to 
himf 

Flutter.  When  be  came  to  my  horse's  bead, 
bis  countenance  changed  pale ;  then  1  asked 
bim,  why  he  carried  his  gun  in  that  manner  ? 
He  made  no  answer  but  immediately  turned 
abort,  and  shot  my  lord. 

Serj.  Cheshire.  In  what  place  was  it  ?  What 
is  the  name  of  the  place  ? 

Flutter.  1  don't  know  the  name  of  the  lane ; 
it  is  near  Katherine-bill. 

Seij.  Cheshire.  In  what  parish  is  it? 

Flutter.  St  Nicholas's  parish. 

Serj.  Cheshire.  What  was  the  eflect  of  his 
shooting  ? 

Flutter.  My  lord  Onslow  fell  off  his  horse 
on  his  face ;  my  horse  startled  at  the  gun 
going  off;  but  as  soon  as  I  could  turn  him,  and 
come  up,  1  saw  the  blood  come ;  and  1  said. 
My  lord,  I  will  go  to  Guildford,  and  get  some 
surgeons ;  and  accordingly  I  went. 

Mr.  Marsh.  What  became  of  the  prisoner  ? 

Flutter.  He  walkeil  up  the  sandy  way ;  but 
1  can't  tell  what  became  of  bira,  because  1 
was  gone  fur  the  surgeon. 

Serj.  Cheshire.  Arnold,  would  you  ask  thb 
whness  any  questions  ? 

Just.  Tracy.  Put  it  to  me;  tell  me  what 
quefttion  you  would  have  asked,   I  will  ask  it. 

Prisoner,  I  don't  know.  Ask  him  yourself, 
if  you  ha? e  a  mind  to  it.  I  don't  know.  1 
used  to  |ro  tliat  way  everyday.  1  am  sorry  for 
what  is  done ;  and  1  cannot  think  how  I  came 
to  take  that  way. 

Serj.  Cheshire.  The  devil  worked  with  him, 
stood  at  his  right  hand,  and  directed  him. 

Mr.  Parsons  sworn. 

Serj.  Whilaker.  Mr.  Parsons,  pray  gire  an 
account  of  u  hat  happened  on  this  SBth  of  Au- 
gust, as  you  was  returning  from  hunliuj;  with 
my  lord  Onslow. 

Parsons.  We  met  the  prisoner  at  the  bar, 
Edward  Arnold. 

Serj.  Whitaker.  Was  you  near  my  lord  ? 

Serj.  Cheshire.  How  did  you  ridt:  t 

Parsons.  1  was  behind  Mr.  Flutter. 

Serj.  Cheshire.  You  were  pretty  near  to- 
gether ? 

Parnms.    Ycty  Tety  near. 

Het}.  Cheshire.  What  did  you  obaerte? 

Paruns.  We  met  this  matt  comiDg  np  the 
sue,    i  MW  huB  frtMQl  hispMOt;  Im  Mok 


Trial  ofEdxoard  Arnold^ 


[7M 


aim,  and  shot  my  lord.    My  lord  ftU  off  fn« 
his  horse. 

Serj.  Cheshire.  Wliat  did  you  do? 

Parsoru,  I  went  to  see  whether  my  bird  «u 
dead :  1  saw  he  was  not  dead  ;  and  the  pri- 
soner made  off. 

Seij.  Cheshire.  In  what  maDoer  did  tk 
prisoner  make  off  ?  Did  he  walk  or  nm  ? 

Parsons.  He  did  not  run.  I  rid  after  hi|i| 
and  rode  him  against  the  bank :— You  TiUn, 
said  1,  you  have  killed  my  lord :  you  willbi 
hanged  ibr  it.  You  won't  hang  me  to  di/f 
will  you  ?  says  he.  No,  not  to  day ;  but  yoi 
will  be  hanged. 

fierj.  Cheshire.  How  waahis  coonteoaneef 

Parsons.  Very  pale  and  confused. 

Seg.  Cheshire.  Did  be  surrender  bimidrift 
you,  or  make  any  resistance  ? 

Parsons.  HetoM  me,  he  would  chaigtigiii: 
No,  says  1,  you  shan't :  Then  I  callni  out  ti 
another  man  to  take  him,  one  Green:  Wbtt 
he  came,  I  said,  this  villain  hath  shot  my  M 
Onslow. 

Just.  Tracy.  Did  the  prisoner  Arnold  say  bi 
would  charge  again  ? 

Parsons.   He  said  he  would  charge  ( 
but  be  could  nut,  for  he  bad  no  time. 

Serj.  Cheshire.    How  far  was  the 
got  from  the  place  where  be  shot  my  lord? 

Parsons.  About  thirty  yards. 

Serj.  Cheshire.  What  did  you  do  ? 

Parsons.  1  brought  him  back  to  my  bHd. 

Serj.  Cheshire.  What  happened  then  whm 
you  brought  him  to  my  lord  ? 

Parsons,  When  1  l»rought  him  io  sigbl  d 
my  lord,  says  my  lord,  You  villaiu,  yea  kavs 
killed  me. 

Herj.  Cheshire.  What  did  he  aay? 

Parsons.  lie  said  nothing. 

Serj.  CAetAirc.  Did  he  seem  to  struggle  ? 

Parsons.  He  did  seem  to  struggle,  to  stm0 
to  come  at  my  lord,  as  1  thought. 

Just.  Tracy  *  What  did  you  think  ? 

Parsoru.  When  he  was  brought  by  my  M 
he  struggled,  and  seemed  to  strive  to  come  rt 
him.  Says  1,  Mr.  Green,  take  hiip  awayift^ 
he  is  coming  at  my  lord  again:  1  thought sii 

Just.  Tracy.  Had  he  his  gun? 

Parsons.  His  <2fun  was  taken  away  from  biiB- 

Mr.  Marsh.  You  say  you  rid  behind  Nr* 
Flutter  and  my  lord  ;  what  distance  was  tbcK 
between  you  ami  tiicui? 

Parsons.  My  lord  and  Mr.  Flutter  rode  a* 
breast;  I  was  behind,  1  believe,  about  two* 
three  yards. 

Mr.  Murih.  If  1  understand  you  right,  ^ 
say  you  saw  the  prisoner  aim  at  my  lord »  A 
you  see  kirn  aim  at  my  lord  Onslow  ? 

Parsons.    1  see  him  aim  at  my  lord  OMif'' 

Serj.  C(;/Ay IIS.  In  what  manner  did  Iie8ei0 
to  level  P  ToHards  his  bead,  or  bow  ? 

Parsons.   I  thought  it  was  towards  bis  bfl^ 

Serj.  Cotnyns.  W  here  did  he  shool  him ? 

Parsons.  In  the  leftshouMer. 

Serf.  Chakire.  Prisoner,  will  yoa  iik  i>^  , 
witness  any  ouestion  ? 

frtfrntr,  1  iJobHIuow  wImI  toaa/toK^ 


J 


Jhr  ihod^ng  ai  Lord  Onslovsk 


A,D-  1724. 


[706 


Eht 


»  Bf  r  *  JoAfi  Ftf2t  A'i  awciTfi. 

ferj.  Chethrt,  8ir,  wtll  yau  lell  my  lord  and 
the  jury,  i*^hile  you  was  in  coinjiany,  ami  at* 
iMrltug'  ray  brd  Ooalow  from  hunlint^,  what 
]iap|»eneJ   vrh^o   tbis  tragical   fact  Vf%A  com* 

ITaw/rt.    My  lordj  returning  from   huntinqr 
villi  my  tonl  (Onslow^  connDt;-  down  this  Inoc 
this  accideot  ha[ipifneil,   I  ei^pied  Mr. 
luW  at  some  distance  tetbn?  aiiy  of  the  rest 
I    stiid   to  Mr.    Parsoiif,    h«e   is  Mr. 
[kol4  cuiiiiut^  u[i  the  lane?    1  will  be  baaged 
hatb  not  a  mind  to  shuot  me.     Mr.  Arnold 
I  by  my  lord  \f'jth  a  stem  look  upoa  hiiu  \ 
I  ill  Iberoad  ;  this  Mr.  Flutter  was  on  the 
side  nf  my  lord,  and  I  was  m  the  same 
\  with  my  lord,  behind  hitii  about  foar  or 
yards.     He  passed   my  lord  Onslow^  and 
\  i>p  ahnosi  over-agaiost  tae,  rather  be* 
I  me  ;  I  see  iiim  look  slerttty  on  my  lord 
aw  aii4  OB  me;  he  had  liia  piece  io  as 
commonly  carry  them  when  tbey  shoot 
p   He  comes  up  with  his  piece  ami  shnota 
rd  Onslow  in  Im  slioulder:    My  If^rd 
ped  by  degi'ees  upon  thega*ound,     1  got 
*  my  horse,  :md  tnriied  my  |ord*«  face  lioro 
f  ground,  for  tear  it  show Uf  be  scratched  with 
p  dtjst,  which  wuft  like  pounce  or  fine  sand  : 
\  I  turned  him  aii  Noon  as  I  couid^  and  drew 
to  ih«^  baulk :   j  laid  dairo,  and   my  lonl 
I  down  upon  me  upon  my  shoulder,     f  said, 
I  care  of  the  ?illaiu»  seize  the  villain :    he 
I  killed  my  lord :  I  cried  out  to  seize  hiiu, 
"  to  secure  him,  as  for  tear  the  villain 
Oold  turn  and  shoot  attain. 

Trmy,  Von  gay  you  saw  him  comiug* 
wn  tbelane?— Fdft/tJ.  Yes,  my  lord. 
Ittsl.  Ttacif,  You  >iiiy  you  followed  my  lord 
in  the  same  truck? 

Y  cfl^  my  lord,  [  did* 
Tracy,    How  far  was  you  from  my 


bilow  i 


r<afcks.  I  believe  1   might  be  in  the  same 
ck«  about  four  or  live  )'arcls  from  him. 
lust.  Tracy,  Then  you  was  after  my  lord  ? 
\Fiaek$,  Yes. 
Ju&t.  Tracy,   My  lord  must  be  between  you 
I  the  priiouer  j  bow  came  you  to  taka  notice 
f  him  f 

tJFdtfikt.  My  lord,  this  pri^otier  rid  away  with 
horse  a  week  or  a  fortni<j;ht  before.  1 
I  at  my  taylor^s  and  put  my  horse  at  the 
in  the  meantime)  went  in;  and  when  1 
ne  to  t;ike  my  horse  again,  my  h^^rse  was 
8i>  1  run  out  io  a  surprize*  and  seetn^^f 
Hty,  a  mun  tbat  was  by  told  me,  Ned 
old  bath  rid  away  with  your  hon^e.  I 
nii)^  out  into  the  street,  cm'dd  nee  into  the 
die  of  the  town :  where  I  shw  my  horse 
or  four  stones  ttirow  oft',  and  he  wftlking 
up  the  town  ;  1  made  haste— 
Ittsi*  Tntty.  I  o»k  you,  you  *ay  you  saw 
I  at  a  distance,  und  you  wai  behind  my  lord? 
fawki,  Yes^  1  waa  go,  ' 

lust.  Tracy.    Then  consequently  my  lord 
I  between  you  and  the  prisoner. 
fitwks.  Yea,  the-  way  \v«  «atu«« 


Jntt.  Trttcy*  You  say  my  lord  waa  betv»een 
you  and  the  pr]:Mner  ;  how  could  you  distin- 
gnish  the  prisoner  from  uiy  loril  ? 

Fawks.  Because  be  was  in  the  foot- way,  and 
we  were  in  ihe  horse- way. 

Just.  Tracy,  He  was  m  a  different  track  P 

Fawh.  Ves,  my  lord  ;  he  conies  up  th« 
foufc^way,  and  the  way  we  were  iu  was  the 
horse -way. 

Serj,  Cheshire,  As  you  was  ridings,  could  you 
perfectly  distinguish  the  man  ? 

FawHM,  Yea,  I  could. 

Serj,  Cowyns.  Pray,  one  word.  Thus  yos| 
aay,  wbeo  he  had  patsed  by  lord  Oa^tow  he 
turned  back  ;  what  did  he  do  ut  that  time  f 

Fawki.  Ue  gives  a  look  upon  my  lord  ;  still 
kept  on,  and  gave  a  look,  aud  went  a  little  far* 
ther;  then  immediately  turoa  ronnd,  amt 
mounts  his  gun  ;  be  had  \m  niece  as  usually 
men  have  when  they  shoot  flymif  ;  and  before 
I  could  speak  my  lord  Onslow  ilri>|>|*ed. 

Serj.  Ctw//yni,*  VVbeii  he  mounted  his  gun, 
did  be  take  aim  or  level  ? 

Fawkt.  Yes,  he  made  a  level  as  if  he  would 
shoot  at  bis  liead. 

8erj.  Com^ns.  Which  was  near^j  yau  or 
my  lord  ? 

Fawkt,  I,  rttb^  ;  I  waa  oi^ber  my  lord  Ihaa 
he  waa. 

Herj,  Cheshire.  Prisoner,  will  you  ask  ihia 
wjlne!is  any  question  P 

Serj.  Com^nn,  I  desire  to  ask  this  witness 
one  other  question.  Had  you  any  discourse 
with  ihe  prisoner  afterwards  ? 

Fazvki,  After  ward  s^  Sir,  when  ? 

8erj.  Cmiyns.  After,  when  he  waa  incoitody 
for  this  fact* 

Fuufcs.  Yes;  when  I  went  to  him  in  the 
Marsbalsea,  I  did  ask  him,  why  he  shot  my 
lord  Onslow,  and  not  me;  because  when  he 
bad  rid  away  with  my  horse,  wlieu  t  met  him 
afterwards,  says  I,  Sir.  Arnold,  why  did  you 
do  such  a  thingf  as  to  take  my  horse  aw;iy  f 
You  don't  know  the  consequence  of  it ;  you  are 
guilty  of  felony.  Be  said,  I  waa  a  good  man  i 
my  lord  Onslow  was  not. 

Mr,  MarsA.  I  di-^  ire  to  ask  one  question.  Yoa 
KQy  you  was  behind  my  lord  riilijii;  in  the  same 
track,  the  same  way  as  my  lord  was  io  ;  was 
that  when  the  prisoner  passctl  by  ? 

FawkM,  Ue  was  m  the  fooU[>ath  and  turned 
back. 

Mr.  Manh,  Did  you  tbeo  see  him  aim  his 
gnn? 

Fawks,  1  did,  I  can't  say  1  saw  him  till  be 
was  passed ;  hut  lie  had  his'  gun  aa  they  com* 
mtinly  carry  them  when  they  shoot  Hyiug; 
and  be  presently  mounted  bis  gun  and  fired. 
'  SoLjor  the  Fritoncr,  We  beg  leave  to  knnvr 
from  the  witnesses  for  the  king,  whether  this 
prisoner  waa  in  disguise? — WUneaet,  No. 

Solicitor,  I  beg  leave  to  ask  them  one  other 
question;  whether  these  pent lemeo  that  give 
evidence  for  the  king,  whetber  they  doi)!c  be- 
lieve the  prisoner  to  be  a  1  una  tic  ? 

Just.  Tracy.  Will  you  aak  tbis  muD  ttu| 
question? 


I 

I 
I 


TOT] 


10  GEORGE  I. 


Trial  tfJEdward  Arnold^ 


[TOS 


Prisoner.   I  have  nothing  to  say  any  more; 
I  don't  know  what  more  questioni  to  ask. 

Just.  Tracy.  Mr.  Fawka,  whether  did  yon 
take  this  manto  be  a  lunatic? 

Fawku    Most  people  that  li?ed  at  Guild 
Ibrd  have  known  him,  that  be  was  always  a 
surly,  morose-temp€r*d  man :   as  to  his  being' 
lunatic,  I  know  nothing  of  that ;  I  am  not  a 
judge  of  that. 

Mr.  Partons  and  Mr.  Flutter  calPd  again. 

Seij.  Cheshire.  How  long  have  you  known 
the  man  ? — Parsons,  Twenty  years. 

Serj.  Cheshire.  Do  you  take  him  to  be  a 
madman,  or  no  ? 

Parsons.  No ;  I  took  him  for  a  morose,  ill- 
natured  man. 

Serj.  Cheshire.  What  is  his  behsTionr  ? 

Parsons.  He  is  a  sullen  sort  of  a  man,  a 
idogged  fellow. 

Serj.  Whitaker.  How  did  he  use  to  lire  ? 

Parsons.  1  don't  know  ;  he  had  a  house. 

8erj.  Whitaker.  How  did  he  life  P 

Parsons.  He  used  to  go  a-fishing  and  a- 
•bootinff. 

Berj.  Whitaker,  Did  ever  any  body  restrain 
bim  from  the  use  of  a  gun,  as  being  a  madman  ? 

Parsons.  1  nerer  heard  they  did. 
^  Prisoner.  1  have  had  my  gun  ^  off  several 
limes  in  my  hand ;  but  never  'till  now,  had 
this  accident. 

Serj.  Cheshire.  He  never  before  shot  a  lord 
hi  the  shouMer.  He  can  ask  better  auestions 
when  he  holds  up  his  head  ;  but  if  his  guilt 
makes  him  hold  it  down,  I  can't  help  it. 

Serj.  Whitaker.  Mr.  Fawks,  since  they  have 
asked  about  his  sanity,  we  will  ask  one  ques- 
tion about  what  he  said  when  he  was  in  the 
Marshabea,  relating  to  this  fact.  Had  you  any 
discourse  with  him  then  P 

Fawks.  I  told  you  when  I  spoke  to  him  of 
the  fact  in  the  Marshalsea,  1  asked  him,  why 
he  shot  my  lord  Onslow  ;  and  not  me,  when  1 
had  told  him  of  running  away  with  my  horse  ? 
He  said,  that  1  was  a  good  man,  and  my  lord 
Onslow  was  not. 

Mary  Smith  sworn. 

Serj.  Ccmyns,  Will  yon  ffo  on,  and  shew  the 
preparation  that  was  made  for  this  fact  ? 

Serj.  Whitaker.  Smith,  do  you  know  the 
prisoner  at  the  bar  P 

Smith.  Yes,  I  do  know  him. 

Serj.  Whitaker.  How  long  have  you  known 
him  ? — Smith.  1  have  known  him  several  years. 

Serj.  Cheshire,  Do  you  remember,  that  in 
August  last — and  tell  us  when  he  came  to  your 
shop  P  And  for  what  purpose? 

Smith,  I  was  ironing ;  my  daughter  was  at 
one  end  of  the  table,  my  face  was  next  the 
door,  my  door  stood  open :  and  Mr.  Arnold 
eome*  in,  and  said,  Mrs.  Smith,  I  want  a  quar- 
ter of  a  pound  of  powder,  and  a  pound  of  tfiot ; 
1  told  my  daughter  to  serve  him  ;  my  ibngh- 
ter  served  him  ;  and  as  it  is  usual  to  bA  what 
fhK,  my  dsuffhter  asked  hin,  what  sise  P  Mr. 
Arnold  asked,  For  the  biggest yoa  haf0{  and 


so  my  daughter  took  the  key,  and  went  to  the 
drawer  where  tlie  shot  was ;  Mother,  says  she, 
there  is  none  of  the  biggest  shot  in  the  drawer ; 
says  I,  Serve  such  sort  as  there  is ;  and  my 
dauffbter  served  the  second  siae;  and  wbca 
she  had  served  him,  he  took  up  the  quarter  of  a 
pound  of  powder,  and  the  shot,  and  laid  down 
five-pence,  and  said,  there  is  your  money. 

Sen.  Cheshire.  When  was  this  P 

Smith.  The  day  that  my  lord  Oodow  was 
shot.    I  believe  it  was  aMiit  an  hour  ate 


that,  people  came  nmning  up  by  my  door:  I 
ask'd  my  daughter  the  meaning  of  tbal 


My  daughter  said.  My  lord  Oiislew  is  shot, 

Serj.  Cheshire.  Had  you  sold  him  shel  k* 
fore? 

Smith.  Yes;  be  vras  a  pretty  good  cuslav. 

Seij.  Cheshire,  For  how  long  ? 

Smith.  I  can't  tell  how  many  wintera;  Ite* 
lieve,  two  or  three  years. 

Serj.  Cheshire.  Did  ;|^ott  look  npon  hi»  li 
be  a  madman,  and  funush  bim  with  pe«d« 
and  shot? 

SmUh.  He  used  to  ask  for  half  a  povid  of 
powder,  and  three  pound  of  shot,  and  laiddsn 
a  shilling  for  it,  which  was  the  priee  I  ssld  ik 
for. 

Seij.  Che^ire.  Did  Tou  at  any  of  that 
times,  for  the  space  of  three  years  you  hiM 
furnished  him,  take  him  to  be  a  madman? 

Smith,  No. 

Serj.  Cheshire.  Would  you  have  done  Ibiiif 
yon  had  looked  upon  him  to  be  mad  P 

Smith.  No ;  I  looked  upon  him  aa  eeiflUi 
as  any  customer  I  had. 

Seg.  Cheshire.  All  that  time? 

Smith.  Yes ;  all  that  time. 

Sen.  Cheshire,  And  the  last  time  P 

SmUh.  Yes,  the  last  time. 

Serj.  Corny  HI.  At  the  time  wbenheeiBt 
last,  in  what  manner  did  he  describe  the  sbitf 

Smith.  When  he  came  to  the  door,  at  iol 
he  asked  for  a  quarter  of  a  pound  of  powdirt 
and  a  pound  of  shot :  and,  as  is  usual,  1  sAd 
him,  what  size?  And  he  said,  the  biggest  Htc* 

Serj.  CofTiynf.  Doth  he  use  to  buy  the b^jg^^ 
sice?  : 

Smith.  Henever  hadanyoftbolnggeBtil*    j 
before. 

Serj.  Comyns.  He  never  had  any  of  Ibit  M 
sort  before ;  did  he  ever  use  to  oome  for  a  poeiJ 
of  shot?  You  say,  be  usually  cama  for  tki«* 
pounds. 

Smith.  He  usually  came  for  three  poondi. 

Serj.  Comyni.  When  he  paid  for  it,  how  tf 
he  pay  for  it? 

Smith.  He  paid  five-pence  in  half-penee. 

Serj.  Comyns,  Had  he  the  change  re^y  ? 

Smith.  It  was  ready  changed. 

Serj.  Comyns.  Five-pence  changed  {  is  ^ 
the  common  price? 

Smith.  Yes ;  three-pence  the  powder,  mi 
two-pence  the  shot. 

Serj.  Comyiu.  Is  that  the  price iif  the  biggi^ 
sort  ?— SmixA.  Yes. 

Serj.  Cosiyfu.  But  heneferhidMiTfrik^ 
biggest  beforeiP— ^miM.  No. 


iJ 


Vr 


fOff] 


Jor  shoQtlng  at  L^rd  OnsU/w, 


A.  D.  ITSi. 


8eij.  Comyn§,    Be  snyn  it  was  rabKlt  shot. 
8«frj,  CAriAtr#«    I  6«iiev«  it  wa^s,  because  he 
tulU  f^et  no  bi^g^r. 

JuiL  Tracy.    (To  the  prisoner,)     Will  you 
k  thit  witDt!u  any  question  f    (The  j>riaooer 
no  antiwer*) 

Mr.  Flutter  called  again, 

Setj.  Chfthire,  8ir,  since  you  have  been  here, 
tt  liatti  be«ri  detnred  you  mijrbl  be  asked,  wbe- 
Uirr  the  |irisooer  it  a  madman  ?  You  have 
known  him  some  lime  before  this. 

Flatter.    I  never  was  in  his  company. 

8eij.  Chethire*  Bnl  you  have  koovrn  him  ; 
jmi  Have  known  there  was  such  a  person. 

Flutter,  Yes. 

toj.  Ckethift,  Did  you  ever  see,  or  hear 
tliat  he  was  reputed  a  madman  ? 

»Fivtier,    I  never  had  any  conversation  wilb 
im,  but  aa  otber  people  have  said. 
8rrj.  Cheshire,   Since  this  accident? 
Flutter,  Ay  I  since  this  acci^lent. 
Just  IVacy,   Tk*  you  live  near  him  ? 
flutter,  I  Uvc  at  Guildford,  within  a  quarter 
aft  mile  of  him. 

ikf}.  Cheshire,  Did  you  bear,  before  tbis 
ioM,  that  he  wait  reputed  a  madman  ? 

flutter.  I  have  heard  he  would  do  odd 
l^g^  bot  1  never  lieard  that  be  was  a  mad- 
~       I  know  nothing  ot'tbat ;  1  never  heard  it. 

Will  tarn  Smith  sworn. 

Rerj,  Wkitaker,  Pray,  give  an  account,  whe- 
r  you  see  the  prisoner  at  the  bar  the  day 
hm  accident  happened  ? 

Smith,  Am\  please  you,  my  lord 

8frj  Cheuhire.  This  is  tbeaonof  the  witness, 
iNn.  Smith. 

Smith.  And  please  you,  my  lord,  I  was  vralt- 

l  for  my  lord  Ontlow^s  coming,  to  go  a  fox> 

ling ;    it  warn  between  five  and  six  in  tbe 

aitig:  Bocordingly,  I  staid  |iil  past  six;  the 

wuQils  came,  and  my  lord  did  not  come :  I  waa 

ling  up  to  Katharine- hill. 

^  *.  Chethirt,    Tbe  place  where  this  waa 

EtA.   Yes.     I  was  to  i*o  tbere  to  meet  my 

kef.    Ooing  along  the  up(>er  Baion-field,  I 

"  "if.  Arnold  ;    says  I,  Good  morrow  ;  and 

,  CpOoiI  morrow  ;  this  was  in  the  morn- 

f^ii  o^ctuck. 

I  Ckuhire^     Had  yon  any  Gonvenatton 

imf 

Simtk,    And  pfnae  you,  my  lord,  1  will  tell 

l|^.    1  met  the  priaoner,  and  1  says  to  him, 

cmI  morrow  ;    Good  nmrrow  aays  lie  ;    says 

J^,  U  my  loni  Onslow  gone  a  tox-bunling? 

I^tt,  Myi  I,  tbe  hounds  are  come,  but  my  lord 

If  (iol  coiuc.     He  a«ked  me  whether  my  lord 

'  f   I  said,  be  wait  not,  but  the  hounds 

kind  they  wtre  to  mav  nt  Mr.  Kearle'a  til) 

S»y»i  be,  What,  don*t  you  go 

No,  I  said,  i  must  ^o  to  farmer 

^o  tbere  to  brip  to  unload  coal 

I  r  I  vveut  up  the  bilK 

;.     Had  you  any  funber  dis- 

milb  hi  mi* 


Smith,    Only  these  three  or  four  words* 

Serj.  Cheshire.  You  bil  him  tbe  lime  of  I 
day,  and  be  a^ked  for  my  lord  Onflow  ? 

Smith,  Yea. 

Serj.  Chtihire.  Had  he  his  gun  ? 

Smtth.  No,  he  had  no  gun  ;  be  bad  only  bia 
hand* basket  upon  his  arnOi  coming  to  Guild- 
ford. 

8erj.  Cheshire.  At  that  time;  you  hava 
known  him  some  time  ? 

Smith.  Yes ;  Ih^  ten  years. 

Serj.  Cheshire,  By  his  behaviour  that  moro- 
iug,  or  at  any  other  time,  did  you  look  on  him 
to  be  distrarted  ? 

Smith,  No  ;  1  never  did.  I  have  been  out 
a  ftsbing  with  him ;  and  sometimes  he  would 
talk  very  well,  and  somelimes  he  would  not 
give  me  a  word* 

8erj.  Cheshire.  Did  be  bebave  himself  a 
fishing  as  other  people  do,  that  understood  th« 
art  ? 

Smith,  He  was  more  clumsy  at  it,  and  would 
have  strong  tackle. 

8erj.  Chahire,  Some  are  more  artists  thaa 
others* 

Serj,  Whitaker,    How  was  be  for  fowling f 

Smith,  For  fowling,  1  can't  say  as  to  that. 

Serj.  Whitaker,  You  have  know  a  him  carry 
bis  gun  P 

Smith,  Yes,  frequently  :  I  have  been  out, 
and  met  him  with  his  gun  frequently  in  the 
summer  time  when  tbe  rabbitji  were  out. 

Serj.  Chethire.  What,  be  is  a  notable  marks* 
man  at  tbe  head  of  a  rabbit  f 

Smith.  I  can't  say  nothing  to  that. 

Serj.  Cheshire,  (To  the  prisoner.)  Will  you 
ask  him  any  question  f 

Prisoner,  1  do  not  know  what  to  say  to  it, 

Serj.  Cheshire.  If  you  will  tell  me  any  quet* 
lion,  I  will  ask  him  for  you. 

Prisoner,  If  you  please,  I  donU  know  what 
to  ask  him. 

/oAn  5/ vrl  sworn. 

Sen.  Cheshire,  Pray,  will  you  tell  my  lord 
and  the  jury,  whether  you  saw  the  prisimer  at 
the  bar  that  day  my  lord  Onslow  was  sbnt  f 

Sturt.  Before  he  shot  my  lord  Onslow,  ha 
calletf  at  my  house,  and  asked,  if  my  lord*a 
hounds  were  out  a  hunting  ?  I  ;oUJ  hiui,  I  did 
not  know  ;  with  that  he  stood  humming  and 
talking  to  himself,  swearing  and  cursing,  and 
damned  my  lord  Onslow  several  times  ;  and 
stocnl  so  for  near  a  quarter  of  an  hoar* 

Mr.  Marsh*  Did  you  atik  bim  any  reason, 
vrhv  he  did  «60p 

Sturt,  Yes,  I  did,  but  ba  would  give  me  no 
answer,  not  a  word. 

Serj.  Cheshire.  l>o  you  remember  you  heard 
a  gun  gu  off  i* 

Stnrt,  Not  till  he  sliot  my  lord  Onslow ;  nol 
before. 

Mr.  Marsh.  Did  you  ever  hear  him  say  any 
ltiin«^,  by  way  of  threatening  ? 

SlMrt,  Be  swore  and  curaed :  says  he,  God 
damn  him|  if  1  Ma  bitu,  1  wilj  aboot  cuy  lord 
Oiudow. 


711]  10  GEORGE  L 

Mr.  Mmnk.  How  lonig^  was  this  before  f 

Si  urt.   Abuul  a  qiianer  of  ^  d  hour. 

Ur.  Martk.  How  far  waa  your  boate  off 
where  my  li>nl  was  »hot  i 

St  urt.  Niit  above  two  Moncs  throw. 
.  Mr.  Marth.  How  iong  have  jou  koown  this 
nao  ?^Sturi.  Fmin  a  chiM. 

Mr.  Marsh.  Have  jou  known  him  carry  a 
goo.^— ^I«rr  Yea,  several  timca. 

Mr,  Marsk,  At  this  time,  or  any  tkae  be- 
fore, did  you  take  him  for  a  roadman  ? 

Siurt.  Heoever  talkeiT ranch  sense;  be 
talked  to  himself:  hewouki  sil  and  rave  to 
himself. 

^tiwrner-  I  never  waa  guilty  of  swearinff. 

Siurt,  He  asked  me  for  a  mii|r  of  beer :  No, 
iHys  1,  you  have  had  too  much  already. 

8erj.  Cke$hir€.  Did  you  take  him  to  be  in 
drink?— ^arr.  Yes,  I  did. 

Sol.  fi/r  tkePnwHer.  We  ilesire  that  tbb  per- 
son may  be  asked,  whether  he  did  not  believe 
the  prisoner  to  be  a  madman,  and  void  of  rea- 
son.' 

Just.  Tracy,  What  do  you  say  to  that  «|aes- 
tion  ?  Did  you  not  take  him  to 'be  a  distracted 
man,  a  roadman  ? 

Siurt.  1  did  not  take  hiiq  for  a  sober  roao  ;  I 
thou(i:bt  he  was  not  right  io  his  senses,  he  took 
to  strearinif  so  much. 

8erj.  Ckeskire-  Did  yon  take  that  to  proceed 
from  druokenneas,  or  from  lunacy  ? 

Siurt.  1  don't  know  ;  he  hath  sat  and  swore 
to  himself  several  tiroes :  be  would  talk  strange 
Ihinsfs. 

SQlicitnr.  Wo  desire  to  know  what  theae 
strange  things  were  ? 

Ju«t.  Tracy.  Do  yoo  know  what  those 
strange  things  were.' 

.  St  urt.  J  have  heard  him  swear ;  he  would 
talk  inwardly  to  himself,  that  1  could  not  dis- 
tioguinh. 

Just.  Tract/.  Did  you  ever  know  him  to  do 
toy  hurt  ?—5/ur/.  No. 

'Soiicitor.  We  desire  to  know  whether  this 
man  hath  not  often  declared,  he  thought  him 
to  be  a  madman  ? 

Siurt.  We  did  not  take  him  to  be  in  his  right 
senses:  he  was  very  otWu  so,  a  great  many  of 
the  neighbours  know  it. 

Ja»t.  Tracy.  (I'o  the  prisoner.)  Would  you 
a«k  him  any  question  ? 

John  White  sworn. 

6erj.  Whitaker.  Sir,  look  upon  the  prisoner, 
and  tell  us,  whether  }^ou  see  him  that  rooming 
my  lord  Onskiw  was  shot  f 

White.  Y<«.  I  tli'l. 

8erj.  Whitaker.  Whether  you  see  him  with 
a  gun,  and  what  he  said  ? 

White.     1   was  at  a  honse,  which  is  called 

— at  the  Hope  and  Anchor,  at  Katha- 

rioe-hill,  and  while  I  was  drinking  a  pint  of 
beer,  I  heard  a  gun  go  off;  aome  time  aftier- 
wards,  this  Edward  AmoM  comes  in,  with  his 
gun  in  hb  hand ;  being  acquainted  whb  bin,  \ 
took  hold  of  biro  by  the  oaat^  to  look  onder  i\  and 
Mki:dhim,ifbeha«l9bot  anbbitf    Hpifid, 


L7» 


did   TOB  BMO 

diacMigero; 


TfM  of  Edward  AtaM;- 

No:    NorabinI?  No:  What,  iiA 
nothing?    No,  it  was  only  to 
gun 

i^Cfj.  Whitaker.  What  time  was  this  ? 

WkUe.  UpManls  of  uioe  o'ckick  ;  near  half 
an  hour,  as  ni^h  as  1  can  gufrsa,  belore  my 
lord  Oii«l'tw  wan  shot. 

Serj.  Whitahr.  The  niison  he  gave  was,  it 
was  tu  diMcharge  bis  eun  ?— ITAiie.  Yes. 

Nerj.  WhUaker.  Do  yoo  kquw  any  thing 
further,  as  to  a  new  charge  t 

White.  Nu ;  he  went  out  at  ooe  door,  and  | 
at  another. 

Serj.  Cheakire.  Did  he  use  to  carry  rablili 
under  his  coat,  concealed?  Becauae  yro 
looked  tliere  ? 

White.  J  bad  a  mind  to  know  if  be  bad  M 
a  rabbit. 

Seij.  Cheakire.  Did  he  carry  a  gua  fc^ 
mcHv? 

White.  Yes.  in  his  youthful  days,  wbcabii 
father  was  living. 

'    Serj.  CheMhire.    Did  he  sot  uae  freqnsally 
to  carrv  a  gun  ? 

White.     No,  not  frequently. 

Serj.  Chethire.  When  di<l  you  afe  hiai  be* 
fore  with  a  gun  ?  Have  you  aeen  him  vitbil 
a  year? 

WhUe.  1  ean*t  poaiiively  answer,  whctbw  I 
have,  or  no ;  I  believe  1  have. 

Serj.  Cheshire.  Did  you  ever  Uke  hhn  Art 
madman  ? 

White.  No ;  I  did  not  take  him  lor  a  md' 
roao,  or  a  wise  man,  nor  a  fool;  be  wai 
conning  enough  in  his  deslinga. 

Serj.  Cheshire.  Whatobsenationa  havejrM 
ma<leas  to  that? 

White.  Wlien  I  did  any  work  for  him.  I  *» 
as  much  troubled  to  get  my  money,  he  wss  lO 
near. 

Serj.    Whitaker,    Near?    What    do   yW 


White.  Without  you  made  a  bansaio  with  - 
him,  he  was  a  hani  man  to  deal  with  ;  butbt 
would  pav  honestly,  ami  justly. 

Serj.  Cheshire.  When  you  said  a  hard  bs»J 
gain,  1  8up|Nise,  by  that  you  mean,  he  wtaH 

Kay  as  little  as  he  Cfmld,  ami  have  as  moeh  it* 
e  could  for  his  money  ?—  White.  Yes. 

Just.  Tracy.  You  talk  ot  him  as  a  man  iM 
had  dealings,  wliak  business  did  he  folbw  7 

While.  No,  my  lord,  it  was  only  for  hiiif 
parel. 

Just.  Tracy.  Yoo  are  hia  tayUir? 

White    Yes,  mv  lord. 

Serj.  Cheshire.  Ha%eyoo  heard  himnyiiy 
thing  of  mv  lord  Onslow  ? 

White.  No,  nut  Intely. 

Serj.  Cheshire.  When  did  yau  ?  Yoo  ■!• 
upon  your  oath,  therefore  pray  recollect  y«*» 
•elf. 

Seij.  Whitaker.  How  long  before  thia  shecl' 
ing  at  my  lord  Onflow  was  it,  thai  you  h« 
any  discourse  wiih  him  aboot  my  kt<l  Oo4e«f 

'White.  It  was  some  tame  before ;  but  to  m|i 
inotly  how  long,  1  can*t:  I  happened  to  ba« 
hia  company :  1  too)t  him  %9  be  ummiM^ 


Jut  ihooHng  Hi  Lord  Onilo\xf 


wnn  i«  drmk,  or  oa^  I  citi*t  tdl.  He 
?,  if  t  ki»€w  my  lord  Oitsl^iw  ?  I  tolil 
ill*  a«ked  mr^  Wliitt^ort  of  a  mnn 
buitt,  Uoubilcss,  II  very  ^food  min* 
9f  il  my  My  ^m^  a  frvml  wumii}  f 
iyt  »  ♦«)•  «'«»<hJ  Mroinan,  1  never 
Dtmry.  VVhettier  bewaniu  lii|Uor 
•»y  !  Sayt  he«  turning  hiiuiielf 
Idotli  she  not  cut  liis  lltront  ^ 
kaktr,  Re^ttii  ibe  wordi  ia  tlie 
NvMitd* 

.  He  sptrkc,  fit  his  «p^ccli  is  low,  and 
;  alter  that  he  had  asked  me  these 
s,  he  uiad«  a  hum.  Why  douH  she  cut 

>iiiyjt#.  Did  bt  gif e  Any  reasva  «r hy 

nf 

.    No,  t  left  him ;  iind  I  i&id,  Gad 
m.     I  went  away^  and  left  him. 
Whiluker.  The  iiuirnin^  you  sec  him« 
^^er  wti%  he  in  f     How  dul  he  appear 
It  loorniojj  he  ftl»ol  my  lord  Onshiw  P 
\h.^  h.'eiiied  to  lie  in  a»  sciiate  n  tern* 

V  liim  iu  rny  life. 

r.     I  de«ire  another  qiiestioo  j 
aak  iha  rcaaon  ot'  hta  dischari^ni^  hia 

»  What,  ahout  chari^in^  airuin  ?    No- 
filler  |ia«ised  :  he  dmnk  Iuh  beer,  and 
Ml  miv  itmir,  ond  I  &i  uuottiert 
Whiiukcr,    Yon  had  no  laik  of  a  freah 

-  Nn,  f  dfHiH  remember  we  had  any. 
iunh*  Yon  »ny  yon  invt  iioitt  ot  him, 
lir  had  aiioi  m  tHtibit,  vdn-ther  yon  did 
»il.  beeanite  he  went  after  IIjdI  Kame^^* 
.  Hi%  tifllier  ktpl  t^mnnds  Hhere  were 
ri  tnv  r  Jiiiiis,  amt  lie  used  to  use  it  then. 
Hud  yon  any  diMcourse  with 
innin^j  my  lord  On**low  ? 
.  I  dni,  in  ^uod-will,  call  tu  ice  him  in 

What  paaaetl  then  f 

4  hun  how  hediilf  and  heasked 

M4ae;  and   he  asked  me  what  pen|de 

day^    K   1  Am  i^orry   lor  it,  hut  the 

a|d<  of  our  town  ii^  that  you 

ittd  your  fneutia  are  iu  great 

ym  J    anil  if  that  Ik;  the  caae,  I  ad* 

to  get  etKH)  iMHika,   aud  rrpent  ;  anil 

r  *    ^!i;  did  nut  deiire  thul  any  budy 

>  ttrd  lor  him. 

^.^. Dili  hi'  uik  rntionallv  ? 

HAa  at  oUu-r  t«tne« :  we  drank  a  mug 
HllfT,  and  %o  we  |>arted. 
Kn^.    Hml  yuu  any  talk  about  my 
Rw  ttt  (O;:'  «lead  ? 

At  any  oih#'r  time,  whilst  he 
<n  tttGuddtordy  iq  the   liooae 


1^1  lia«l  like  In  have  forgot;  I  did  gn 
M  him  he  w»*  in  the  honw  of 
ud  1  told  him,  my   lord  Onflow 
]  d  hv  was  drady  he  could 
»  ninrr. 
I  awum. 


tionorir  of  acllag  in  the  oominittion  of  tht 
|>eaceP 
Altfm,    I  hare  Uieimubltof  it,  I  docittbiiilt 

it  any  lionour. 

St^rj,  Chnhirf.  Pray  tell  my  lard  and  thm 
jury,  what  you  know  oflhis  matter. 

A  Urn,  BIy  lord^  1  live  ut  GnilJtbrrl,  and 
he^rin^  of  iliis  sad  accident  1  \wtt\i  down  to  the 
hou^e  of  correction,  and  examined  him,  and  1 
found  liim  in  a  rery  sullen  m'>04l,  and  1  coul4 
get  nothin^^  out  of  him  for  a  long  linie^  and  ht 
could  not  look  roe  (li  the  face:  with  a  greal 
deal  of  difficulty  und  perauaMon,  at  last  he  tw* 
pressed  him»t;ll  ihoB :  I  don't  trouble  my  1or4 
On»loW|  why  do  you  trouble  tnef  And  lie  ha4 
been  pretty  much  teiKcil  aud  baited  by  the  |ieii>* 
pie,  exclaimini^  agaiuat  him,  nod  coming  int^ 
the  firiJion  to  see  such  a  motiater.  I  thouj^hl 
the  next  dtiy,  after  he  had  alept  upon  it,  h# 
might  he  in  better  temper,  so  1  left  him  (hen* 
and  went  again  the  next  day,  but  I  did  not  llnd 
him  so  ;  lor  he  run  ou  with  abundance  of  vehe» 
mence  agatoil  my  lortJ  Ooslow,  and  that  lit 
was  tlie  antiior  of  nil  the  tumuUs,  disturbance*^ 
and  confuMonN,  and  wicked  devices,  that  had 
ha|)pened  in  the  country.  1  asked  him,  what 
was  thr  reaaou  of  hia  animoait^  *  and  if  any 
person  Itail  given  1/mi  any  occasion  to  aay  an  f 
lie  t^Mid,  No,  but  he  nas  a  very  ill  man  ;  atid 
re|.»efiied  the  »anie,  that  he  was  the  author  of  all 
the  Gonlitiioufii,  tnmulti,  and  noinc,  and  wicked 
devices  ;  that  he  had  over  a  hundred  times,  he 
was  very  fond tdihose words, *■  wicketl  devirea/ 
In  the  courae  of  his  ex.imin&iiori,  I  took  a 
great  deal  of  paint  several  tnues ;  1  put  the 
tiame  (lut^stioii  srferal  ways,  to  see  if  he  would 
be  brought  \»*  answer,  anil  he  ^vnuld  be  sjleut. 
U' hui  siirinised  me,  he  ail  of  a  sndilen  Marta 
up,  and  looks  me  in  the  face,  says  he,  W  here  it 
the  kingf  The  king,  iiaid  I  !  »  hut  have  yna 
to  do  with  the  king  ^  8ny<i  he.  The  kui)^  js  in 
fault,  a»  well  a«  my  lord  Oiinhiw.  The  king  ! 
Mhal  doth  the  man  mean  ?  Ue  anawertHi  me 
as  regularly,  and  aa  last,  u«  I  |Mit  the  (luestioo. 
Hays  he,  he  put  my  Inid  Oiialow  ufion  doin||f 
and  inakiug  these  dintorhanceii  in  the  country^ 
or  he  aulfpnt  him  to  do  it.  ^layii  I,  Have  you 
seen  the  kitt^  ?  Yes,  aays  he,  1  have  seen  him 
once«  8omebi«dy  came  in  and  baid,  he  had 
been  at  London  to  aee  the  kinif;  says  1,  Did 
you  go  to  Loudon  to  9|>eak  to  the  kintj*  c*  Yei» 
I  did  go  to  see  if  I  couM  come  ui  the  king,  to 
sf  e  if  he  coul  1  not  mend  the  matter  ^  and  9e« 
reral  times  be  fttartt-d  up,  and  »ai<l.  Where  it 
the  king  f  Is  the  km<  eome  home?  And  he 
said,  W  hen  he  came  to  Lunion,  he  was  gime 
abroad  i  and  §a  they  told  htm  be  waa  atiil 
abroail, 

Svi./or  the  Priioner,  My  lonl,  we  desire  to 
aak  this  genthman  tiiia  ()ue»ti»n  ;  whether 
after  this  eaamuialion  of  him,  ^hicli  he  tiHik  at 
I  lie  house  of  correction,  he  diJ  not  ilicUre  li# 
believed  him  to  ht;  a  madman  and  out  of  bit 
Metk^eh? 

Altcn.  8iime  timt  after  this,  1  met  bittitlectt 
^try  wortliy  geuUe^*  oioen^ — 

Chtthitc*  W  home  sjtiltri  ? 


4 


^ 
4 


flB]  106EOMS.I. 

'^ifl^  TbitHlenor  Hie  primer,  EdmH 
AraoM.  As  to  the  mwtlioB,  wlicther  I  bave 
iwl'temeliiaetMiil/llMfced  iqpealuBi  to  be  e 


&ttri«0r.  Whetlmp  jmi iid  beldMtre,  after 
jreotook  hkeiimiiwittoB,  Ihef ymi  MiefedBir. 
toeM  to  be  a  lenetle,  ei'e  aadoMB  r 

I  rMMlnber.  mm  4ajra  aller  I  hid 
tweef  bie 


|to,  loMtwiCh  tweef  bieMera» 
MBoeireiiCB  ei  Tcry  ned  leputaniNic  Tb^ 
Satw  ne  fimtyMd  told  ne  wlto  tbey  wore: 
I  bmff  ibort*i%btod|  eenld  net  ae  aoon  re- 
soiled  tbeia,ttd  in  Ibe  a^.toe}  and 
ibejr  lepfCKirtcd  to  ne,  hew  nnwrably  aftel- 
mi  tbcjFwere  widitbiatad  aoeideat}  and  I 
attd.  A  be  tmreyitHveiydeiiloraUe.  Tbvy 
Mphidt  Te  be  tiire»  ny  brtlherit  mad ;  wUbeot 


Te  be  tinre»  my  toeOMrlt  mad ; 

beeaoMid  biaveiildaot  hare  done  tos 
why,  am  I,  that  is  Ibe  best  toni  you  cab  gire 
toft.  BBsbsharbMirisferyeitraracaiititbat 
IdM  says  ^  ^  was,tobes«ie:  Whateoald 
I  haresaidr  WeoM  yes  hare  had  me  toM 
the  hidies  what  a  rafue  they  had  Ibrthehr 


r 

SsTkCtoAm.  Did  yea  know  Urn  bsiore? 

SoMUtt.  Mylerd,  he  dolh  not  answer  the 

mstieoi  he  doth  net  say,  whether  he  did  not 

deeters,  that  he  bsBered  him  to  be  a  madman. 

JIte.  Inererdidt  asl  remesibber.    In  my 

nphwen,  he  was  very  mnM  ent  ef  tile  common 

way  of  am,  in  the  whole  oonrm  of  hte  life, 

Us  prsesedingB^  as  fbr  as  leooM  gather 

'  hn  own  bidianoari  and  the  coarse  of  bis 

wationi  btU  that  I  said  he  was  a  mad- 

SoUcUor,  Ifyon  please,  Sir,  one  word  more: 
whether  the  prisoner,  at  the  time  that  he  was 
in  the  prison,  did  not  detire  Mr.  Allen  to  shoot 
lum  tnroogh  the  lieadf  And  whether  Mr. 
Allen  did  not  declare  the  seme  f 

AUen.  He  said  he  was  willing  to  die,  Why 
wonld  not  my  lord  Onslow  shoot  him,  or  gire 
him  a  gun,  and  he  would  shoot  himself  f  I  am 
wiliioff  to  die;  for  I  am  not  willing  to  bring 
ray  fhend  into  trohUe. 

Seij.  Ckakire.  Pray  tell  the  oceailon  of  bis 
sayiv,  he  would  not  bring  his  IHrad  Into 
tronble. 

Aikn.  The  occasion  that  drew  him  into  that, 
I  had  a  notion,  that  somebody  most  set  him  to 
work,  the  act  appeared  so  unpro? olred,  and  pre 
When  1(        


I  eiamined'as  to  that  cir* 
enmslance,  especially  when  he  said,  mjy  lord 
was  the  author  of  those  tumults  and  diitarb* 
ances,  1  asked  him,  What  disturbances  F  He 
said,  At  the  last  eledioD ;  and  whererer  he 
went,  people  still  damned  and  cursed  my  lord 
Onslow.  Says  I,  Did  you  eter  mention  any 
thing  of  tbb  dengnP  He  told  me,  He  had 
long  and  deliberately  intended  to  murder  my 
lordOaatow. 

Ben.CkeOirt.  Howkmg? 

Alien.  Erer  alnce  last  horse- 
twel^^BMinth;  and  hebadeommonicatedsoch 
bisfaHentMa  to  hisffiaodsi  and  they  Wd  ea- 
Ihim'init. 


Trial  2f  Edward  AnuUp 

CkuHi^.  Did  he  namomqr 

He  did  name  two  Mnial 

Cktihin.    Wedcito  the} 

Just.  'Jhny.   What  perssns  did  b 

Ail^,  He  naiAed  them  as  peraa 
bad  communicated  bis  intention  of 
my  h>rd  Onsbw ;  and  they  approre 

8oikii&r.  My  hwd,  if  I  am  nghlly 
tlicse  Tcnr  perMms  he  InmI  named 
fHendsofmT  knrd  Onshiw.  Oor 
lunacy ;  and  if  he  declared  persoc 
ftientbof  my  lord  Onslow,  it  is* an 
Ibr  as ;  and  that  is  the  only  reasi 
deaire  Mr.  AHen  to  answer  to  your  <) 

AlUa,  As  soon  as  ever  he  nanoM 
persons,  says  I,  Tliere  are  several  pei 
town  oftheaame  name;  but  who  w* 

Just.  Traey.  Yon  don't  say  tha 
they  were  hia  advisers  f 

Aiiea.  No,  not  his  advisers ;  thei 
of  it,  and  encooraged  him  in  it;  an! 
found  me  aolicitous  to  fix  nvho  tho« 
were,  as  I  thought  it  behoved  me 
would  haverecMled  lus  worda;  ss 
you  think  I  will  bring  my  friends  inl 
No;  1  am  willing  to  die;  why  don' 
me  P  Wh  V  don't  my  lord  On8k>w  kill 
don't  he  (et  me  have  a  gun  to  kill  n 
Says  he,  I  won't  bring  my  friends  in 

Serj.  Cheshire.  After  he  had  name 
eons,  and  you  poraued  the  eoquir 
drew  in  bis  woida  P 

AUen.  Yes,  after  he  hsd  named  I 
he  would  not  bnnjf  his  friends  into  tr 

(After  some  dispute  about  namii 
naming) 

Sen.  Cheshire.  Then  I  ask  you,  i 
you'lldedare  upoifyoar  oath,  were 
sons  that  were  so  named  hy  the  pr 
markable  friends,  aod  in  the  interest 
Onalow,  or  opposed  him  in  his  inten 

AUen.  They  very  remarkably  op( 
and  were  ever  undemtood  to  be  bitt< 
to  my  lord  Onslow. 

Sol.  for  the  Prisoner.  My  lord,  I 
know  mT  this  gentleman,  whether  B 
did  not  desire  him  to  shoot  him  tfa 
brains,  or  words  to  that  purpose  ? 

AUen.  No,  my  lord;  1  don't 
thoae  words:  his  words  I  remember, 
dueed  them  into  writing.  I  would  I 
it  by  way  of  confession ;  but  he  wi 
bom,  that  I  suppose  if  1  had  offen 
duce  pen,  ink,  and  paper,  and  take 
from  his  mouth,  he  would  not  bar 
word  :  but  in  a  few  days  1  reduced 
writing ;  and  I  do  remember  very  w 
he  would  shoot  himself:  Why  don' 
Onslow  shoot  me  P  Liet  roe  have  a 
I  may  shoot  myself:  but  I  don't 
brains  to  be  mentioned. 

SoUeHor.    We  desire,   my 
whether  all  the  persons  naaaed  w 
enemies  to  my  lord  Onslow  f  ■ 
'  iiMof.  Uenaaed hut  tw#a»^j 
1 


fnr  ihaoting  ai  Lord  Onihto* 


r€.    My    lord,  we  ha?e  gone 
I  kiu^*s  et  idence  ;  and  we  reserTC 

l^loiy  to  r«*|ily,  il  there  be  auj  oc^ 

>e«ent  we  rest  it  Lerc* 
Trucy,  Prisoner,  yaii  know  what  i» 
^^u  are  u}H»n  your  trial  tor  your  life ; 
i»el  for  Ui«^  knij^  have  g(me  through 
iileoce;  litt%e  offered  all  that  tbey 
kterbl  againsjt  you ;  you  hare  heard 
latb  been  oftVred  against  you ;  now  it 
»  your  turn  to  make  your  defence^ 
r  you  for  yourself  ? 

wr.  With  humble  submisstODf  I  don't 
bat  In  iay.  May  God  forgire;  if  it 
itU«  I  am  sorry  tor  it.  I  dun*t  know 
lay  more* 

Vrucy,  What  have  you  said?  Repeat 
A  aaid. 

ter.  With  all  submission  to  your  lord- 
on*l  kno^v  what  to  say.     task  pardon 
If  offences  and  faults, 
IWcy*    How  came  you  to  attempt 

ter*  I  donH  know  how  it  happened* 
{racy.  And  what  was  the  cause?     It 

kthat  tluM  noble  lord  ever  did  you 
ry.    Call  your  wiUieases  for  the 

r  the  Pritoner^  Nathaniel  Arnold. 

Nathaniel  Arnold  fiwom. 

Vracy,  Sir,  you  are  called  here  on  the 
r  ibe  prisoner  ;  \vhal  can  you  say  ? 
i.  My  lord,  he  is  my  brother ;  1  have 
^iin  1  great  many  years  \  1  am  sorry 
M  to  speak  any  thin;^  on  such  an  oc- 
I  know  him  to  be  a  mrnhnau  ;  there* 
me  t  shall  nhew  such  things  of  him, 
Court  will  think  him  nt},  I  hare  de- 
lay lord  Onflow,  thst  I  ha?e  no  inten- 
inreen  htm  from  punishment;  but  to 
If  to  save  him  from  the  gallows.  My 
rn  he  was  young,  my  father  hath  tried 
m  ftppreniice  lo  two  or  three  several 
'v'i\  nothinp^ ;  he  came  home 
I  la  Mr.  Ford,  who  is  a  brewer 

B^  persuaded  my  father  to  let  him 
£  tie  took  him,  he  used  him  like 
f  liid  biiu  with  his  son  ;  but  he  would 
I  he  waa  at  other  places.    Home  time 
I  he  had  a  mind  to  make  me  a  visit  at 
I  knt;w  whst  an  ill-natured  fdlow 
»  my  faUier  and  sisters :  1  would  have 
i«  him  to  stay  with  me ;  that  would 
Aflerwards  I  hail  a  commis^sion  from 
vv  him  15^.  a  year,  anil  send 
ill  re.     1  writ  a  letter  lo  an  ac* 
P9  there,  and  had  a  place  provided  for 
him  witli  clothes,  and  ti€-nt  him 
line  back    a^^^ain*      Nothing  we 
lUt  i^nvrru  him,  beseemed  so  hke 
|lVhen  roy  father  died,  he  ld\  him 
f^    Hu  wouM    lay  under  barns, 
caught  hini  under  my  own 
ning«  whifo  he  nii|cht  have 
He  had  o  house  in  the 
1 1  but  he  had  never  a  stogl»  or 


A-D.   \12U  [718 

a  pan,  nor  noihing  at  all  In  it  I  don't  know 
wnether  he  had  a  chair,  but  there  was  no  bed. 
We  cotild  not  persuade  him  otf  this :  wc  would 
Jet  him  have  money. 

Just  Tracy,  He  would  live  by  himself. 

N,  Arnold,  He  lived  by  himself;  and  he  hath 
known  when  quarter-day  hath  come,  becausa 
people  have  dunned  him  for  money  ;  this 
White  the  taylor,  Sturt  the  alehouse-keeper* 
And  as  soon  as  I  came,  and  he  had  notice,  he 
would  dart  down  the  hill  to  me,  where  I  hate 
been  surprized  by  his  looks :  sometimes  I  gave 
htm  good  words,  sometimes  bad ;  someiimea 
I  gave  him  a  little  drink,  sometimes  none,  for 
fear :  he  appeared  as  much  like  a  madman  vm 
ever  any  body  did. 

Serj.  Cheshire,  You  are  bis  brother,  and  yoa 
would  save  him  from  hang-ing  ;  it  is  natural^ 
and  I  donH  discommend  you.  You  are  upon 
your  oath;  and  Justice  must  be  done.  8ir« 
let  me  ask  you,  whether  yon  looked  upon 
yourself  to  be  a  madman  in  treating  him  in  this 
manner? — N.Arnold,  No. 

Serj.  Cheshire,  You  say  this  man  had  hit 
memory  return  very  quick  every  quarter-day  f 
as  soon  as  that  came,  he  woul«f  come  to  you 
for  his  money  :  did  you  ever  refuse  it  him, 
because  be  was  mad,  and  not  fit  to  be  en* 
trusted  with  it  ?—N  Arnold,  No,  I  never  did« 

Serj,  Chtihire,  At  the  several  times  he  wsa 
put  apprentice,  like  an  untoward  boy,  he  wuuldi 
niii  away ;  did  you  look  oo  that  as  a  sign  of 
maduess  ?  Then  he  was  put  to  a  brewer,  did 
the  person  you  treated  with,  or  you,  look  on 
him  to  be  a  madman  ? 

N,  Arnold,  I  did  understand  that  he  thought 
him  disordered  in  his  brain. 

Serj.  Chethire.  As  every  untowartl  boy  is  ; 
when  you  sent  a  letter  into  Yorkshire  only, 
and  no  person  with  him  to  take  care  of  tiim, 
tvould  you,  if  you  had  thought  him  distracted, 
have  sent  him  alone  to  provide  for  himself? 

N,  Arnold,  We  did  not  send  him  alone,  but 
we  sent  him  on  ship-board  ;  1  sent  down  to  A 
person  to  take  care  of  him  when  he  camo 
there;  1  did  not  think  him  so  much  a  m^id- 
man  as  to  be  chained* 

Serj.  ChaMre.  W^ould  you  take  it  to  b« 
proper,  you  that  are  his  brother,  to  send  him 
on  ship-Ward  into  a  country  he  had  never 
been  in  before,  only  on  a  t^ecommendiition  of  a 
letter,  if  you  had  thought  him  su  mad  a«  not 
lo  be  able  to  provide  for,  and  govern  himself? 

N  Arnold.  I  sent  him  to  one  that  was  my 
customer. 

Serj.  Cheihire.  DiJ  you  observe  in  thoM 
letters  that  he  was  mad  ? 

N  AmM,    No,  I  did  not. 

8eij.  Chuhirc,  Then  in  these  several  pas* 
sages  ttiat  he  was  too  sharp  for  you,  is  that  a 
sign  of  a  madman  ?  Are  these  your  sole  rea- 
sons because  he  acted  like  a  naughty  maiii 
tliat  lie  was  a  madman  ? 

Serj.  Wkiiakcr,  If  he  was  distempered,  wli J 
did  you  not  Ift  him  be  coutiiied  f  « 

in,  Amgld^  1  dtd  not  think  him  to  much  m 
madman  as  to  coniiue  him. 


tld]  10  GEORGE  t 

8en.  WhUaker.  I  would  ask  yoa,  on  yoar 
own  knowled|pe|  can  you  give  mo  accounl  of 
any  thing'  that  bo  hath  done,  but  a|  a  auHen  or 
cruel  man  ? 

Mr.  Mar$h,  Yon  don't  kiok  upon  him  so 
mad  as  to  be  chained  i-^N.  Arnold,  No,  1  did 
not. 

.  Mr.  JforiA.   Did  you  put  hmi  noder  the 
care  of  any  person  r 

•  A.  Arnold.  N(s  I  did  not ;  he  lived  at  large* 

•  Mr.  Monk,  Did  he  ever  live  with  you  ? 
.  H,  Arnold,  Yes,  he  diil. 

;  Mr.  A!arth,  How  did  he  behave  himself 
then  f— JV.  Arnold.  Very  oddly. 
:  Mr.  AforiA.  As  how  ?  . 

N.  Arnold.  As  a  madman,  I  thought. 

httj.  Chnhire.  Whether  or  no  did  be  oie  to 
t^rry  «  gunP 

JV.  Arnold.  Yes,  oAen  in  bis  father's  time. 

8erj.  Ckahire.  He  used  to  use  a  guu  P 

N.  Arnold.  Ho  u&ed  a  gun  in  my  father^s 
time. 

Just.  Traey.  And  hath  he  done  so  nnce  f 

•  3^.  Awnvla.  Yes,  several  times ;  and  1  have 
seen  him  with  one  several  times  sinoe. 

Seij.  Ckeihire.  Why  did  not  you  take  it 
from  him,  as  he  was  a  madman  ? 

N>  Arnold.  He  was  my  brother,  and  I  did  not 
care  to  oppress  him. 

Serj.  Cktihire.  Now  you  would  have  pre- 
vented him  from  doing  this  mischief,  if  you 
had  done  so.    Did  you  ever  farm  any  land  ? 

N.  Arnold.  I  have. 
■  tteij.  Ckeshire,  Did  you  ever  employ  him  P 

N.  Arnold.  I  have  employed  him  in  raking 
of  b&y  0€  barley. 

Serj.  Cheskire.  Did  yon  find  he  brought  it 
together,  or  scattered  it  about. 

N.  Arnold,  He  brought  it  together,  but  in 
such  a  manner,  not  right  as  a  workman  ought 
to  do. 

Seij.  Ckeskire.  Ay,  he  was  a  naughty  un- 
toward boy  from  his  youth. 

William  Arnold  sworn. 

IF.  Arnold.  The  prisoner  at  the  bar  is  my 
brother ;  I  believe  him  to  be  a  madman. 
'  Seij.  Ckeikire.  Give  your  reasons. 

Just.  IVary.  What,  is  lie  a  lunatic  P 

W.  Arnold.  He  is  not  |»erfecl  in  his  senses ; 
ho  did  not  know  what  ho  did  at  some  certain 
times :  1  cannot  say  ho  was  always  so. 

Serj.  Ckeikire,  Qo  on,  and  give  your  rea- 
sons. 

W.  Arnold.  In  my  fatlier'stime  I  have  heard 
hhh  curse  him,  and  call  hiin  wicked  and 
abominable  names,  \^illiout  any  provocation  : 
I  have  heard  him  talk  to  liimseif,  somelimiMs 
catch  at  his  words,  sometimes  break  out  into 
passions  of  cursing  and  swearing,  without  any 

Erovocation  :  after  this  I  have  observed  iiim  to 
urst  out  into  a  fooliith  laughter,  and  grin  like 
anv  madman:  if  you  asked  him  what  he 
ttflkeit  of,  sometimes  he  would  give  an  answer, 
sometimes  not.  This  I  have  observed  several 
times  ;  as  to  the  particular  limes,  i  cannot  set 
it  forth ;  but  this,  as  to  the  general,  thai  I 


Trial  of  Edward  Arnold^  [790 

sometimes  have  dreaded  him.  BottMtimea  he 
would  be  ])reity  rational,  and  act  liko  other 
men. 

8erj.  Ckeskire.  Do  you  take  that  lor  the  sign 
of  a  madman,  to  do  a  very  wicked  thing  ? 

W.  Arnold,  Madmen  do  very  wicked  things. 

8erj.  Cknkire,   Do  you  take  all  lo  be  mad- 
men, that  do  wicked  things  P 

IV.  Arnold,  Show  do  wicked  lUoga  for  thi 
sake  of  profit  and  gain. 

Herj.  CkcMkire,    Was  you  one  that  paid  kim 
any  snare  of  this  alluwauce  P 

iV.  Arnold  I  am  concerned :  ny  fisihar  Ml 
asmaH  matter  to  my  brother  aud  mr^  ^f^ 
him  6/.  a  quarter ;  and  my  brother  camma^ 
pays  him:  1  have  asked  hioa  about  ii  ■■»> 
times ;  and  he  said,  the  prisoner  wouH  M  . 
in  score,  and  then  persons  would  duMi  hiak  * 

Serj.  Cke$kire.  How  do  you  know  Ihit^ 

W.  Arnold.  I  have  heard  my  brother  flf 
this. 

Serj.  CAeiAire.  Then  yoo  know  aothiif  lit 
what  your  brother  told  you  P 

W,  Arnold.  I  know  my  brother  owed  amy. 

Serj.  Ckeskire,  The  people  used  to  trust  m 

fierj.  Ckeakire.  Mr.  Nathaniel  AriioU,fii^ 
when  you  paid  him  bia  quarterago,  did  ht  fin 
you  a  receipt  P 

N,  Arnold.  I  always  writ  the  icenpt^ai 
he  signed  it. 

Seij.  Ckeskire.  Did  you  not  read  it  avartf 
him,  or  let  him  read  itP 

N.  Arnold.  Yes,  Sir. 

Serj.  Ckeskire.  At  quarter-day  he  wmMW 
pretty  well  in  his  senses  P 

N.  Arnold.    Becanse  bo  was  duned  kc 


money. 

Serj.  Ckeskire.  Did  not  he  and  yoa  msli 
write  and  confer  by  letters  P 

N.  Arnold,  Never  in  my  doys,  as  I  koowdl 

Just.  Tracy,  Can  ho  writer 

N.  Arnold.  Yes,  be  can  write. 

Just  Tracy,  (Asks  Mr.  William  AnoU.> 
Did  you  never  write  to  him  P 

W,  Arnold.  1  don't  know  P  it  ia  a  fiwl 
while  ago  if  1  did. 

Serf.  Varnell.  As  to  what  you  were  apssk' 
ing  when  he  ran  a  score,  did  they  uao  to  f< 
him  in  mind  of  his  quarterage  P 

W.  Arnold.  Those  persons  he  owed  msatf 
would  dunn  him. 

Serj.  Darnell,  And  when  they  dkl  d«o 
him,  did  you  afiprehend  ho  knew  what  ibcf 
meant  by  it  P^lf'.  Arnold,  Yes,  he  ir?ght 

Her'y  Darnell.  When  ho  waa  told  quaittf* 
day  was  at  hanil,  what  would  he  do  ? 

If^.  Arnold.  I  can't  say,  but  ha  hath  i 
my  brother  tor  money. 

Serj.  Darnell.  When? 

Botk,  When  he  haih  wantedi  andhsdtfl 
money  in  his  pockets. 

Serj.  Darnell,  Did  he  never  toll  yon  tfaalbv 
had  debts  to  pay  P  '• 

N.  Arnold.  Yes,  he  hath. 

Serj.  Darnell.    What  do  you. 
you  say,  ho  was  sometimes  in  bia  i 
sometimes  not ;  howoftoaworoi 


quBii^    i 

ifhHMi^ 


721] 


Jbr  ihnoHng  at  Lord  Onsh^* 


A.  !)•  1724- 


[78S 


»uw: 


li^i 


K.  Arnold.  I  c«D*t  <my  it. 

Sen    n.rrt,<//     H"!  <Mti  never  oN«rTC  tome 

wi  t^  cr^tionaJly  ? 

^.  -      1    ,   1  Li  jcu^:ulyp  1  may  hate  dooe 
myidi, 

Mr«  Ifi/fiam  Armld  proceeds. 

;  Tiie  lOtb  ©r  Juh  Usl  he  came  to  my  house 
^nii^n*iNtiTet ;    1  (iffding  of  him  ihere,  1 
Mum  what  btoutflit  hitii  to  town  P  he  said» 
'  1  not  lell.      ^^'\mi  business  have  you  in 
I  ?    It  U  nni  »  proper  ptacc  for  you  ;   you 
We  titji  much  money  to  spend  :  Besides,  you 
fesy  I  all  iriio  hiftd  tx>mp&uy.     8a  vb  he^  1  conoe 
Id  tre  yoU)  1  think  ;    what  el^e  htve  1  to  do  ? 
yiymlie,  1  c«fiU  lieeaiy  ^  my  lord  Onslow  hath 
leWiiehed  me ;  be  plagues  tne  day  and  ntcfht ; 
1  CMiH  eat  or  drink ;    if  I  eat  any  ihin^,   it 
1  tfu ,  say^  hci  as  if  they  pumped 
I  nut  of  my  body. 
.  Tracy,  How  lon^  w>  ii  tbts? 
:ArnM.   The  lOih  ot  July  last.     X  then 
him,  why  he  was  so  concerned  about 
Onslow;    doth  my  lord  know  you? 
p  be,  I  doQ- 1  know  that  he  doth  :    When 
I  you  ace  my  lord  f  Sjiys  he^  I  don^t  know  ; 
I  tbit  gTf«i4  whde  :  Why  art*  you  so  disturb* 
iylh*  \     f-     Lniylordr  Have  yini  been  shoot- 
m  Mk  manor  f  No.    Snys  I,  Pray  be 

i*Vi    CIO  HI  (iisiturb  yoursielf  ^iih   tliese  i^ild 
Mjoos  }  pray  be  eauy.    I  then  g^ave  him  some 
wofdii,  and  I  gave  him  soorieihini;  to  eut, 
Te  him  prtMiiise  to  return  home,  and 
;    whtcit  it  1  would  ^i\t  hun  m»ney 
borne,  he  would  do,   an  he  did  pro« 
i  be  would  :  And  that  want  the  lti«it  time 
i  bim  before  this  unhappy  accident  of  my 
""   il«iw\, 
ierj,  Dttrntll.    Did  he  jire  ymi  any  other 
URM  af  hill  <M)miii^  to  town  P 

W.  Arnold.   I  doiiH  rcmt-mtier  he  did  :   After 
•iliehr*iMhon,  and  a  very  wild  look,  he  tiaid^ 
tlitn  r  .**  you,  i  ifiink. 

^  :<  Give  my  lord  an  account, 

'  iko,  whro  he  uns  tafking*  wildly 

liOit  my  h>rd  Ouslow,  did   he  letl  you  who 
'iim  u|Kin  thai  P 

,  Arnold.  M  you  please,  I  have  asked  him 
,....,<;..,>*-    \%Qw  come  yon  lo  do  this 

I  t^e'tr  I  ,,iiy  boily  put  you  ii|M>n  it?  No, 

iiii..     .  ...i^  «orry  you  have  done  this  vile 

D<d  my  lord  Onutow  g-tte  you  any 
itkm  ?    Or  any  IwHfy  set  upon  yon  to  do 


'  fi*> 


a  he,  My  hird  thi^low  h«ah  bewitched 
always  a  plague  to  nte,  and  was  the 
tif  the  whol«  country  |  and  several 
»  ihr  fame  fiurpose. 

'    You  talk  you  gave  him  mo- 

1  tiuppose  yoii  gave  him  both. 

^ruj/ci.    1  ifmve  him  victuals  and  drink, 

iiry   in   his   pnvkct,   pnividcd   he   re* 

botne,  which  he  promised  me  he  would 

»C4ca4irr.    If  youtonked  upon  him  a« 

,  why  would  you  ijivc  him  money, 

*  flabaHcil"  wtlb  hu  promise  tbM  be  would 


VOL-  \V1. 


W*  Arnold.  I  never  knew  that  he  attempted 
to  do  any  body  mischief, 

Her}.  Chciiire.  How  did  you  know  hut  ha 
might  do  you  or  himself  a  mischief?  pray 
answer  the  questioti,  and  be  consisteot ;  you 
have  said,  you  looked  U[ion  him  as  a  madman^ 
and  that  he  could  not  gi\  e  any  good  reasoa 
why  he  was  come  to  London,  but  said,  he  la 
come  to  see  you,  be  thinks ;  and  you  gave 
him  money,  and  victuatu,  and  drink,  on  hie 
promistni^  you  to  return  home  again }  did  be 
return  home? 

W.  Arnold.     I  thought  he  did. 

8eri.  Chtshirt,  Now  the  great  question  iff. 
Whether  he  or  you  are  the  mailman  ? 

If.  Arnold.  \  submit  thnt  to  you.  I  did  oak 
hitn  where  he  lodgtrd ;  but  1  could  not  get  it 
out  of  him. 

Serj.  Whiiaker.  Did  yon  rely  upon  his  pro* 
toise  that  he  would  go  home  ? 

W.  Arnold.  1  cao*tsay  1  did  entirely  depend 
upon  it. 

Mr,  Marsh.  You  tay,  the  tenth  of  luljr 
your  brother  came  to  see  you  iu  London,  and 
expressed  unea^ioess  in  being  plagued  by  my 
lord  Onslow  ;  did  he  say  he  vtoutd  do  any  thing 
by  way  of  plaguing  my  lord  Onslow  ? 

W.  Arnold.  No,  he  did  not. 

Mr.  Mttnh.  Ulr  Nathaniel  Arnold,  did  you 
see  him  then  ? 

A\  Arnold,  No,  1  was  Tint  there. 

ftlr.  Marsh.  Did  vou  htar  liim  at  at  any 
other  titoe  say  any  tfiing  of  my  lonl  Onslow  ? 

N\  Arnold,  I  have  hrard  him  say  my  Urd 
Onslow  had  bewitched  him. 

Mr.  Murvh,  Did  you  hear  him  expreBsaoy 
reaeotmeutf  or  that  he  would  make  any  reta- 
iiution  P 

N.  Arnold.  No,  nothing  at  all  of  that, 

W.  Arnold.  I  did  wail  on  my  lord  Onslow 
when  he  used  to  lay  to  air  More  Molyoeux'a 
lu<lge. 

&rj.  Chfskirc  lie  used  to  be  there  to  de- 
stroy liii;  game. 

W.  Amttid.  {  douH  know  ;  I  never  see  him 
there.  I  did  wait  on  my  lord  Onslow  ;  1  hum- 
bly begged  hi«  lordship's  pardon  ;  but  I  did 
really  bftieve  hint  to  be  a  lunulic. 

Just,  Tructf,  Ifytni  apprehpoded  hioi  lobe 
a  luualir,  and  depiiiid  of  his  e»eiisei^  sod  under- 
standing, you  should  have  taken  more  care  of 
him. 

AT.  Arnold.  It  was  only  at  some  certain 
time»;  perhaps  morp  in  th«i  spring  and  Hdl 
than  at  other  times:  t  never  knew  he  did 
any  harm  before. 

8erj  Darn  til.  Don't  you  know  ol  any  harm 
he  did  to  one  of  his  sisters  ? 

W.  ArmlL  lie  hath  struck  her ;  I  did  not 
Kee  him ;  I  ><  as  alirc»ad  ;  hut  «^  hen  I  r^ime 
home,  she  comphiincd  to  me  that  her  brotbcr 
had  struck  her, 

Si*rj.  Darnell  What  was  her  name? 

W.Arnold.  Ell7  '  "  ^  nold.  I  talked  lo 
him  alkout  it  i  he  ^^  \\  at  it. 

Hc5rj  DarmclL  i)..  >  ^  i^kt  it  io  be  IIm  «ff 
feet  of  puskigtt  or  tuadt»e«»f 

«4 


f 


I 
I 


783]  10  GEORGE  L 

W.  Arnold,  I  donU  kuow  any  reason  he  had 
for  dointr  of  it. 

Serj.  Darnell,  Did  not  you  apprehend  that 
some  care  ought  to  be  taken  of  him  P 

W,  Arnold.  My  father  was  then  lif  ing  ;  so 
I  had  nothing  to  do  with  him. 

8erj.  Darnell.  What  have  vou  known  of  any 
thimr  he  hath  done  to  his  father  ? 

If.  Arnold,  I  have  known  him  abuse  him, 
and  call  him  names,  without  any  provocation. 
And  my  father,  at  the  request  or  those  that 
were  about  him,  about  ten  years  ago,  ordered 
me  to  go  to  the  kte  lord  Onslow,  and  desire 
him  to  jgrraut  a  warrant ;  for  his  neifrhbours 
bad  advised  him  to  send  him  abroad,  m  hopes 
that  oitglit  reclaim  him :  And  at  the  bench  of 
justices  nt  Guildford  he  washy  tbem'taken  up 
aiid  listed,  as  a  marine  ;  he  went  to  the  Uallic, 
hut  did  not  stay  long;  the  first  opportunity 
he  ran  away,  and  came  home  again  naked  and 
out  of  repair. 

Serj.  Darnell,  I  think  you  was  talking  of 
his  being  sent  on  ship-board. 
•  JV.  Arnold,  That  was  when  I  would  have 
sent  him  to  Yorkshire ;  but  he  would  not  go. 
Seij.  WhUaker,  Mr.  William  Arnold,  you 
tay  he  was  sent  abroad  by  the  late  lord  Onslu  w ; 
iiave  you  heard  him  express  any  resentment  to 
luy  lord  Onslow,  by  reason  of  his  being  sent 
abroad  ? 

W.  Arnold.  I  never  did  hear  him  myself, 
but  1  inquired  of  the  neighbours,  who  said, 
thai  as  my  late  lonl  Onslow  had  sent  him  for  a 
soldier  people  would  sav,  if  you  dou*t  behave 
yourselr  well,  my  lord  Onslow  shall  send  you 
lor  a  soldier  again ;  and  that  run  in  his  head, 
and  he  never  could  get  it  out  again. 

Mr.  Marsh,  He  came  away  from  his  ship 
without  leave  ? 

W.  Arnold.  Yes,  1  believe  he  did  without 
any  leave. 

Serj.  Darnell.  Was  you  never  told  that  this 
prisoner  threatened  my  lord  Onslow  ? 

N.  Arnold,  Never,  before  this  accident  hap- 
pened. 

Serj.  Darnell,  Not  by  any  servant  of  the 
house  ? 

N.  Arnold,  I  don't  know  that  any  body 
told  me  he  had  threatened  the  life  of  my  lord 
Onslow. 

Seij.  Darnell  What  dkl  the  servants  tell 
you  relating  to  my  lord  Onslow  ? 

N.  Arnold.  That  my  lord  Onslow  had  be- 
witched him. 

Serj.  Darnell,    Did  they  tell  you  of  any  ra- 
solution  be  had  took  upon  that  ? 
N,  Arnold.  No. 

Serj.  Darnell.  Nor  of  any  thmg  he  wouU 
do? 

N,  Arnold.  No,  I  dont  know  that  they  did; 
I  don't  remember  it. 

Mary  Arnold  sworn. 

My  UMid,  1  have  seen  the  prisoDer  several 
tunes  under  great  disorders,  insomuch,  that  I 
took  hun  for  a  man  oot  of  his  senses  at  sundiy 
I  hate  becA  in  Iho  fiunity  tlafcn 


Trial  of  Edward  Arnold, 

years ;  ^and  to  the  best  of  my  kno* 
never  heard  him  speak  six  sensible  i 
gether :  and  afler  the  death  of  my  i 
ieil  the  house.  Before  the  death  of  a 
I  went  down  every  summer.  1  have 
in  great  disorder.  One  fine  day  in  1 
mer-time,  his  sister,  his  own  sbter,  v 
the  garden ;  they  kept  a  dairy,  and 
and  the  milk- pans  were  out,  and  he 
stick,  and  she  reproved  him.  Pray  d< 
says  she,  vou'il  break  the  milk-pans :  fa 
it  up,  and  threw  it  at  my  sister,  and  si 
with  it  about  the  temples ;  with  that 
into  a  passion  of  tears,  had  like  to  hav 
aU-ay ;  we  got  w  ater,  and  recovered  I 
we  were  afraid  he  had  prejudiced  her  < 
that  she  would  lose  the  sight  of  on 
eyes. 

'jubt  Tracy.  What,  wilh  any  hmi 
gave  her  ? 

Sirs.  Arnold.  Yes,  my  lord,  and  W€ 
Mr.  Thomas  f  lo.^  ard,  and  he  came 
douH  rememlx:i-  wiiether  it  was  jusi  i 
ho  came  that  day  and  let  her  Mood 
the  hurry  and  surpri:ce,  1  went  to  I: 
reproved  him  severely,  and  Ubked  him 
could  do  such  a  wicked  thing  to  his  ow 
He  lauifhcd  at  me,  and  I  drew  back, 
he  should  do  me  a  mischief.  Then  1 
cUre,  that  I  believed  that  he  \ias,  at 
madman.  When  he  sat  at  table,  he  n 
sit  like  other  people ;  he  would  put  hi 
out,  and  had  strange,  surprising,  anti 
which  i  never  did  see  in  any  person  ir 
heloie.  An  alter  the  death  of  my  fa 
laid  at  an  old  Honiau's  house,  that  usee 
in  the  garden,  and  when  she  and  I  hai 
about  Edward,  the  old  woman  would  f 
pend  on  it,  Mr.  Edward  is  a  madman. 

Just.  Draci/,  it  is  no  matter  what ; 
you,  what  is  your  observation  ? 

Mrs.  Arnold.  It  was  always  my  opii 
4vould  do  several  surprising  things. 

Just  Tracy.  What,  you  are  me  wif 
Nathaniel  Arnold  ? 

Mrs.  Arnold.  Yes,  my  lord,  I  am. 

Serj.  Cheshire-  flow  fougago  is  itt 
made  these  observations? 

Mn.  Arnold,  I  have  lived  eleven  yet 
iamily :  it  is  about  five  years  since. 

Serj.  Cheihir§.  You  knew  him  befor 

Mrs.  Arnold.  Yes. 

Serj.  Cheshire,  How  came  yon  to  ol 
then,  and  not  before? 

Mrs.  Arnold,  He  was  always  a  very 
unaccountable  poor  creature. 

Serj,  Cheshire.  But  you  reasoned  w 
why  would  you  throw  the  stick  at  my  s 

Mrs.  Arnold.  1  did. 

Serj.  C/iexhire,  Did  you  talk  to  h 
madman  ?  Wby  would  you  use  and  tal 
to  a  madman  ? 

Mrs.  Arnold.  I  used  to  reason  with  I 

Seig.  Cheshire,  Did  you  never  speak ' 
that  eare  should  be  taken  of  him,  and  i 
to  be  put  under  somebody's  care  f 

Mrs.  Arnold,    1  have  oilea 


Jhr  ghmting  at  Lord  Onshw* 

BIr  Arudfl  nbrtut  liim :   he  lired  ,  tci  all  fttankind, 

nw  out  of  the  bad  grtveii  I 

f  ;  about  liis  ifo  sacli  a 

IS  iiir  ntnv  '1.  Thiit  this 

eskire.  Am]  \  fithetiP  tim^^stosbf 

y    \--    ;,„u  aiiii   uKii  iime  he  iiis  reportt^J.  tuui 
ti                  riy  ol  tbp  fiimilv- 


\  till  hfar  of  liiB  hehavioiir 
^hi,  that  it  w«i9  In  ti  disonlerfy, 

rHoW*  1  hftve  heard  tnik  so. 
!«.^ire.  If  you  upprehf^nded  it  to  he 
crM  not  crerv  body  be  amazed^  that  no» 
»ok  cure  of  iim  jwor  brother  ? 
^^fnoid.  fl  was  hanl  lo  confine  «  poor 
hi»  father  did  oot  think  dt  to  do  it. 
^l^rae  1  «ee  tl»i*  prisoner,  he  came  to 
it  was  about  a  moiilb  kcfore  he 
t;  and  as  I  wus  sitting,  he 
|t  -  door,  fttid  10  11  ^<?at  confu- 

liiiij  u  int  ce  with  me,  thai  had  never 
before  ;  says  I,  Drm't  be  frightened 
!  won*t  btut  you ;  b"*  ^"^  ?  I'^^J  very 
HuoU'd  extremely  v  -tat  lo 

oner,  •ndmvii^..  ,. ,  .,ji»anded 
iftys  I,  \Vill  you  Imve  a  dish 
poiild  have  some  beer,     I  or- 
I  to  mix  it  frith  some  smatUbeer^  for 
dng  him  wonm.  He  talkM  extremely 
my  8  I^  Speak  out  like  a  man,  if  1  can 
j^u,  1  wi(l.     He  told  me  he  was  be- 
kM  to  himself,  and  t  heard  him 
^^    Plime»T    say*  l»  ^Vbo  halh  be- 
f^SJ?  He  luld  me.  The  imjm.     J  asked 
fiat  he  ineikut  by  imp^  ?    He  told  me, 
'    in  bis   room  all  night,  and  he 
in   his  bed  for  tbem,  and  the 
him  I  and  the  imjts  Htood  by 
rsome  lime»  be  would  have  aii- 
rfnk,  but  I  \Tf"  "  *  -  •  fV|ve  it  him  : 
Ifbr  thliv,  tl  1  (T  goin^  to 

bployingyr ..;  good  things. 

My  lord  Onslow,  why  should 

By  bim?  But  to  the  best  of  my 

I,  f  never  beard  :*ny  lliinsi  about  my 

|w  bctbre,  or  of  the  pcrsoD  he  had  m 

EUanor  Arnold  sworn. 

nefff    !  Mieve  tliis  poor  prisoner  to 

«i  for  n«ar  sfven  years,  and 

hath  not  been  capable  of 

lJe*isfn,    or  pluttioif  imy   thing 

ly,  but  biith  lived  in  ci  rambling, 

.    The  '30rb  i-t  '    '  *      ust,  he 

paribh  church  ol  l»s*  iti 

.,.,  ti...  ^.-.,.,,1  r  f  u..  tnHt^ifijaiioo 

•md  told  me  so, 

I  lien  apiH'nri'd  to 

ifuitc  out  of  bi^ 

I  iu\   l<ii il   OnvitHV 


A.  D.  im.  [726 

1  anked  him,  if  the  prisoner 
ccoitnt  how  he  came  tdj 
'  ?   Mr,  Alien  atiswercil,] 

'       I  tl   bim  se?era^^ 
ains.     I  know' J 
III.  1    ij  'I  <u>nacteiL  but  1  af* 


II  agony «  and 

BftW'  dav.  aftt 


lilt'  ^1 
cr.  la 
Eiliatr acted  ?   Mr.  A  J 


n  wiili 
lit  my 


6rm  it  to  be  otherwise  ;    1  have  seen  him  for| 
nine  hours  together,  talk  uon^enHe  ;  sometime 
curse  and  swear  without  Uie  least  proTocatioo  •! 
and  if  your  lordship  will  ^ive  me  leave,  I  oaa^ 
relate  several  facts,  as  instances  of  his  being; 
distjaeted.      My  lord>   sometimes,   when   we 
h  oiit»  he  hath  got  the  fuel,  swept  it  j 

ii|>  t^  Bod  made  it  up  into  a  great  nre^ 

OH  il   be  would  fire  the  house.     1  have  seeti 
him  take  live  coals  out  of  the  wood  fire,  an4  . 
throw  tbem  into  his  father *s  plate:  h£  would  j 
often  talk  to  himself  severGil  hours  :  somfftiroeikl 
he  would  be  lu  the  most  torme:<  >tiiesi  * 

and  t  do  declare  1  have  been  in  >  y^^H 

for  fear  he  would  do  some  murdtr, 

Serj-  Cheshire,  If  you  apjirehended  your 
brother  ia  these  mel»ncholy  circumstanoetp 
why  did  not  you  take  care  of  him  ? 

Mrs.  Arnold,  We  applied  to  the  tninister  of  ] 
the   parish,  who  was  a  very  ^ocmI  man,  Mr, 
Woodward,  and  desired  that  he  would  endea- 
vour to  reclaim  him  ?  he  talked  to  him,  but  at 
last,  hededaredy  he  ought  to  be  put  into  soioe^*! 
mad -house. 

8erj.  Cheshire,  When  was  Ibis  F 

Mrs.  Arnold.  Aboot  five  years  ogfo.  1 

S*?rj.  Whitaker,  Was  there  any  discourse  01,1 
applymj^  to  a  physic iao,  6lc*?     You  say  ai 
minister  made  ust^'of  menus  to  reclaim  hmt,  I 
don't  hear  of  any  phyjiicjiin  consulteil. 

Mrs.  Arnald/Ue  never  had  any  pby^lciAD/ 
to  my  know  led  t^e. 

Her}.  WhitfiktT.  Hnd  lieevcr  any  nhyMCiao, 
or  any  care  taken  of  him,  aa  if  tits  was  % 
madman!* — Mrii. Arnold,  No.  ' 

Just.  Trocy.  He  hath  struck  you  ?  ^ 

Mm.  Arnold.  No,  not  me  \  It  wai  another 
sister* 

Serj.  DamdL  Did  you  apprehend  from  an/ 
of  these  circumstancea,  that  he  was  like  to  do^ 
mischief  F    , 

Mrs.  Arnold,  Sometimes  I  have  been  afraid, 
of  it !  he  would  make  a  greut  tire,  and  shut 
the  door,  and  keep  us  out. 

8erj.  Darnell.  You  have  seen  him  take  Kve, 
coa]»i,  and  throtv  th^m  into  his  father's  plate  F 

Mrs.  Afh,  '      '    "  T 


Si,iy  J>*i/ 


I 


ou  not  afraid  he  would 
Had  he  not  seustt 


havu  s«'t  thf  imii**'  wii  tire  f 

enough  to  ifo  that  ? 

Mr^.  ArnM,  I  believe  he  had  doi»e  U, 

had  not  lieen  prevented. 

8eij.  l)ar>^^i'^    V^nidld  nottbiokhimao 

Its  that  it  %^  "V  bim. 

Mn,Arn  ,'  uscieoce,  think . 

so.  .       ^ 

Serj.  DamelL  And yoti  did  not  conAne  htm  f  Jj 
Mrs.  Arnofd,  It  was  not  in  my  power.  - 

Mr   Mank.    How   looj^'  hate  yoa  lived  •!/ 
^ord? 


727]  10  GEORGE  I. 

Mr.  Manh,  You  can't  but  hare  obsenrcd 
him  then  fii'ten  out  of  order  P 

Mn,  Arnold.  C>Aen  so,  by  fiU. 

Mr.  Marth.  One  of  ;^our  brothers  sayg,  he 
Qfled  to  be  worse  in  spring  and  falL  Did  you 
crer  send  for  any  uhysiciao  ? 

Mrs.  Arnold.  No. 

Mr.  3//irsA.  If  he  was  so  spring^  and  fall,  a 
little  bleeding  would  hafe  done  him  good. 

Mrs.  Arnold,  I  don't  know  but  it  might. 

Mr.  Marsh.  Did  you  erer  send  to  your 
surgeon  to  bleed  him  ?— Mrs.  Arnold.  No. 

Hi^rj.  DarnelL  Was  it  the  opinion  of  the 
family,  that  he  should  be  sent  abroad  for  a 
soldier? 

Mrs.  Arnold.  It  was  the  opinion  of  many  of 
his  frittnds ;    but  that  is  eleven  years  ago. 

Seij.  DamelL  But  he  used  to  have  liis 
frantic  tricks  then  ? — ^Mrs.  Arnold.  Yes. 

8erj.  DarnelL  Whetlier  did  you  look  upon 
it,  that  sending  him  for  a  soldier  would  redaim 
him,  or  cure  him  of  his  madness? 

Mrs.  Arnold.  Some  were  of  opinion  it  would. 

Seij.  Darnell.  What*  cure  a  madman  ? 

Mr.  Margh.  Pray,  how  long  hath  your 
father  lieendead? 

Mrs.  Arnold.  Fi?e  years,  last  Octol>er, 

BIr.  Marsh.  How  long  before  his  death  was 
this  flinging  the  coals  on  his  plate  ? 

Mrs.  Arnold,  I  don't  know,  but  I  beliere  it's 
more  than  seven  years  ago. 

BIr.  Manh.  Do  yon  know  any  thing  that 
should  give  him  this  torn  of  mind  r 

Mrs.  Arnold.  No. 

Mr.  Martk.  Whilst  you  have  ljve«1  at  Guild* 
ford,  hath  it  not  been  known  and  heard,  that  he 
went  a  sporting  with  a  gun  ? 

Mrs.  Arnold.  Yes,  frequently. 

Mr.  Marth,  Did  you  ever  caution  any  body 
against  letting  him  have  a  gun  or  ammunition  ? 

Mrs.  Arnold.  No,  1  never  did. 

Mr.  Marth,  Was  he  under  any  body's  in- 
spection, or  care? — Min.  Arnold.  No. 

Serj.  Whitaker.  Did  he  not  kill  rabbits,  and 
sell  them  ?— Mrs.  Arnold.  1  don't  know. 

Sen.  Whitaker.  Hath  he  not  taken  fish,  and 
sold  them? — Mrs.  Arnold,  I  don't  know. 

Serj.  Whitaker.  Did  vou  ever  apprehend  any 
danger  from  his  luing  his  gun  ? 

Mrs,.  Arnold.  Sometimes  we  have. 

Serj*.  Whitaker,  How  comes  it  you  have  not 
taken  it  from  him  ? 

Elizabeth  Arnold  sworn. 

Mrs.  Arnold.  My  lord,  I  have  lived  with  him 
some  years,  and  for  more  than  seven  years  I 
have  observed  him  to  be  mad  at  sometimes, 
though  not  so  mad  then  as  he  hath  been  since : 
he  was  so  very  mad  sometimes,  that  I  was  very 
apprehensive  of  being  miscbiefed  by  him  ;  he 
would  have  pistols  and  guns,  but  1  have  taken 
them  all  away  from  him.  Sometimes  he  would 
let  off  his  gun  b  the  kitchen  and  give  no  warn- 
ing: a  great  maay  times  he  would  sit  and  talk 
to  himself,  and  swear:  Sometimes  he  would 
ulk  to  inhumau  creatoret  iu  a  different  manner 
from  what  I  have  haard  any  body  in  Iheir 


Trial  ofEdvoard  Anuldf 


do.  About  a  month  before  my  kwdOK- 
slow  was  shot,  I  observed,  aa  I  oooU  by  his 
eyes  tell  when  his  fit  was  comiog,  I  ohsMrreA 
him  to  look  more  wild  than  ever  I  see  hiss  m 
my  life  before.  The  20th  of  last  Autpst*  hi . 
came  into  the  parish  church  of  St.  Nichelii, 
stood  in  tbe  firont  of  the  ooogrsgalioo.  with  his 
face  over  his  breast,  ami  bis  nair  in  soch  a 
dismal  manner,  that  1  see  several  hwk  at  hia ; 
and  they  told  me,  when  I  came  oat  of  tha 
church,  that  my  brother  looked  so  frighlM, 
that  they  would  not  meet  him  for  ever  so  OMMk. 
On  the  28tli  of  August  last  we  met  Mr.  Jus- 
tice Allen,  and  we  asked  him,  if  be  did  ait 
think  him  distracted;  he  said,  He  if  a  grail 
deal  so,  and  he  appears  to  be  an  eaany  toil 
mankind ;  that  he  would  give  him  no  aooHil 
why  he  did  this  action,  Imt  desired  him  sevaA 
times  to  shoot  him  through  the  brains.  Asli 
myself,  the  relation  my  sister,  Mary  AmMr 
hath  given  of  it,  is  true,  he  had  im^  provsci^ 
tion  from  me ;  so  far  from  that  I  was  aftihltf 
him,  and  1  said.  Don't  throw  the  ttick  at  nt: 
but  as  soon  as  my  back  was  turned,  be  task 
up  the  stick,  and  threw  it  at  me,  and  ate- 
wards  laughed  at  it. 

Mr.  Marth.  Where  did  he  live,  when  ysa 
was  afraid  of  the  danger  of  his  pistols  and  goosf 

Mrs.  Arnold,  Sir,  he  lived  in  my  fathoms 
house  at  Katherine-bill,  where  1  lived. 

Mr.  Marth.  Then,  I  find,  when  you  was  ia 
the  family,  it  seems  you  were  alraid  of  kit 
iruns  and  pistols ;  how  long  have  you  lived  at 
Guildford  r 

Mrs.  Arnold,  BTore  than  three  yean.  I 
have  left:  off  house-  keeping  five  years. 

BIr.  Marsh.  Have  you  not  known  him  bift 
his  gun  at  bis  command,  and  that  he  used  ts 
go  frequently  a  shouting? 

BIrs.  Arnold.  1  did  not  know  it  of  royfdf, 
but  I  believe  be  did:  He  had  no  fifun  of  bii 
own,  but  he  used  to  borrow  one:  When  I  left 
off  house- keeping,  1  sold  my  gun,  and  wouU 
not  let  him  have  it. 

BIr.  Marth.  Why  should  yon  take  so  ni«b 
care  when  you  livetl  together  in  the  iamilyi 
and  take  no  care  afterward  ? 

BIrs.  Arnold,  I  can  give  no  account  of  that; 
but  my  father  hath  been  advised  several  tiaws 
to  put  him  into  a  mad -house  l>y  BIr.  Wosd- 
ward,  the  minister  of  the  parish ;  and  Bfr. 
Woodivard  advised  my  father,  in  mv  heannf, 
to  put  him  into  a  mad- house;  for  he  saul  w 
was  mad.  and  nothing  else  would  do  him  fCpod. 

Mr.  Marsh.    Do  y       '  •  •    «•     «   ?-l 

Mrs.  Arnold.  No  ; 
saw  him  in  my  life  I 
When  I  first  heard  of  this  horrid  action,  evcf| 
body  said  he  was  mad. 

Eleanor  Giltings  swoni. 


mg  else  would  do  him  ftpoi. 

» you  know  this  Mr.  Smith '• 

o  ;  I  don't  know  tliat  e? er  I 

before :  1  do  not  know  bifl* 


My  lord,  I  have  believed  him  to  be  a 
ever  since  I  knew  him,  which  is  almost  vm^ 
years :  I  was  at  his  father's  house  with  a  ai» 
of  my  master's ;  1  see  him  do  a  great  ■■( 
wiki  actions ;  I  have  heard  him  awonr  uA 
coraoi  fling  things  aboutthe  home, 


J6r  shooting  ei  Lord  Onstou)* 


A-  D,  IIU* 


1 1  I  Ittte  been  ofleo  lurprizet]  at  it ; 
;  h«lii(l  nerer  done  no  hnrm*  I  w^as 
^  liriili  it.  My  misLrest  hath  been  Kt 
e-iii)l  for  four  yemrs  last  past,  six^ 
titha  at  a  time, 
Vacy,  What,  at  that  house  f 
nf;s.  At  that  bouse,  my  lord ;  atid  hatli 
to  It  the  hack-door,  and  sat  in  the 
and  leveral  tiroes  I  have  found  him 
^to  hisDadf ;  I  have  come  in  and  spoke 
Xmnd  he  hath  made  no  ansirer.  Lnst 
[tiffot  down ;  My  master^teoQ  was  sick, 
at  tor  him  to  go  a  Bsbtog',  to  g^et  a 
i  Ash.  A  day  or  two  after  be  came  in  at 
[teclidoor  into  the  kitchen,  he  sftt  himself 
1  desired  he  woubi  g-o  a  fisbioq',  and 
dab  for  the  child  :  He  sat  in  a  con- 
er;  and  %i  last  he  told  me  the  child 
enough.  1  set  victuals  befure  him, 
[  he  did  not  incline  to  eat  or  drink,  but  he 
lb  »  great  burry  and  confusion,  more  than 
\  htm  before :  I  was  amaased  at  it, 
\l  — kfed  hitn  the  reason  ;  he  lobl  me  my 
f  disturbed  bim  day  and  niifbt ;  and 
ltd  sent  imps  uod  devils  into  bis  room, 
bad  no  sleep,  and  he  was  with  bim 
tver  he.  wevki.  1  have  seen  bira  since 
I  I  atwsys  found  bim  in  in'eat  disorder, 
Dplainioif  of  my  lord  On«low*8  be- 
lli^ and  he  had  <ient  intu  his  chamber 
imps,  and  be  had  no  rest,  and  he 
[  go  a  l^sbin^,  for  my  lord  Onslow  ivas 
bWiDr  1  iof|utred  at  that  time  whether  he 
fi<»bintf  to  roy  lord  Onslow^s  ponds, 
Ifcnded  his  lordship  with  any  tbttj^'  he 
IP  No;  he  knew  nothing',  hut  that  he 
rwith  him  p<*rpeiuiilly.  Alwul  May  he  hurt 
i  trm,  by  jumping  over  a  little  river ;  and, 
1  nasi  tidd,  he  went  to  Mr, Thomas  Howard. 
loiL  Tracy.  That  la  notliini^  what  you  was 

^Hmgi,  My  lord,  I  oi^ly  brin^^  thts  as  a 
■iancr.  He  went  there,  ami  Mr  Tho- 
pHownrd  applied  a  ptaister,  and  rolliil  it  up« 
I'if  be  sent  his  man  to  know 
man  called  at  a  neiifhbour's 
^  It  M  I  rn*  lie  did  not  care  t«*  ir«»  tiy  him- 
I  when  be  came  into  Ink  riHMti,  there 
I  the  plaiiier  and  rod  thrown  about  the 

njil  you  se«5  this? 

'O  I  l»eard  of  it,   I  went  to 

d  why  he  served  Mr.  How- 

nn  »u,  and  woufd  not  let  him  ilottp  his 

fcys  he,  Mr.  HowanI  and  his  nixn  are 

Uiey  only  wanted  to  make  issues  in 

utttl  his  arm  wss  well  enouffh,  and 

sliouhl  dt»  notlunis'  to  it     This  I   henrd 

,    Home  litile  lime  after  (hnt  I  under- 

it  Mr.  Waitr's  rooks  bad  oftVnded  Inm, 

af««  they  m^ide  m  ibe  ni^^ht,  that  he 

fvr  tb*'m.     I  have  beanl  abun- 

Piea  that  I   must  not  repent  bf!re  i 

if^i  ..,....,,.„.      He  came  one  day 

in  a  disconNfdiite 

1  ^  .,i  ,  :,  ^.,  :..^.;  In*  dill  f  He  toid  me 

litwticbcd  aod  tliMurbetf^  and  Jttr. 


Waiters  rooks  made  such  a  noise  that  be  cook 
notskep,  nor  be  at  peace  i lay  nor  nitfht; 
told  bim  he  hatl  uj^d  Mr«  Wnite  dl :  He  said 
he  had  no  mare  business  in  keep  rooks  than  he  ; 
and  Mr.  Waite  is  a  rogue,  and  noliody  loves 
him  ;  and  be  knew  his  wife  did  not  love  bim. 
Thiii  be  told  me,  and  said  they  had  disturb 
bim  all  night  and  day ;  and  wAti  then  upon  tb 
story  of  my  lord  Onslow  a^ain ;  1  thought  h* ' 
had  got  out  of  one  into  another. 

Just.  Tracy,  When  was  this? 

Gittingt,    A(\er    ftlay,    between   May  an 
June,  in  the  middle  of  Juitp,  I  beUeve.    Af 
this  was  over,  that  the  rooks  were  done  witii 
and  got  out  of  bis  bead,  th^n  be  begins  wiifi*^ 
my  lord  Onslow  a-fretih  ;  then  I  often  hcurd 
that    be    complained   of   my    lord    Onslovr** 
plaguing*  him  day  and  night. 

8erj.  Cheshire.    Don't  tell  what  yoa  hava. 
heard  fmm  otiier  lb  Iks.  r 

8erj.  WkUulur,  Did  not  you  lire  with  Mr  J 
Edward  Arnold  ? 

outings,   I  live  now  with  Mr.  Natbaoic 
Arnold. 

Hefj,  Whitaker,  Did  yow  ever  hear  th« 
prisoner  threaten  my  lord  Onslow,  or  bis  life?  J 

Gittingn.   Never  bis  life,  nor  nothing  bke  it. 

Serj.  WkUaher.  Did  you  never  tell  one  of  * 
these  brothers  that  you  have  heard  him  thus 
threaten  my  lord  Onslow  ? 

Gitttngs.  Nu,  J  never  did  hear  bitn  Ihrealen 
my  lord  Onslow. 

Serj.  Whitaktr*  Dtd  you  tell  any  thing  of 
the  prisoner  ? 

GUtingM.  Yes :  I  told  my  master*s  brother 
that  I  H  MS  in  a  great  fright  about  the  prisoner  ; 
that  I  believed  bim  much  worse  than  ever  I  see 
hino  ;  and  much  feared  he  would  do  himself  a 
mischief. 

Herj,  Whituktr,  What  answer  did  be  maker 

Gittin^s,   My  master's  bruther  seemed  su 
prized  t 

8erj*  Whitakcr.    Did  not  be  say,  Mind  yon 
nwit  business,  you  have  uotbing  to  do  wilb  it  \ 
or  to  that  purpose  ? 

Giitingt.  No  ;  I  know  nothing  of  it  that  hf 
sail  I  ho,  I  have  a  great  deal  more  to  say,  ml 
loriL  My  mistress  an<|  I  coming  from  churcQ 
one  day,  some  time  belore  be  sbol  my  l<»rd  On-* 
slow,  and  coming  from  cbiirrh,  a  sboiver  of 
rain  drove  my  iniAlie«s  into  ihe  bouNe  of  his 
landlady  ;  I  was  with  lit^r  :  the  landlady  C4ime» 
ami  my  mistress u^kei I  whire  the  prisoner  was? 
She  said  be  was  ^vilbtit  :  M^y  mii^treiis  told  her 
tb.it  she  was  very  angry  wuh  biui,  and  did  not 
itesire  to  see  him ;  she  was  very  angry  that 
he  should  go  away  with  Mr.  hawks^s  horse* 
Hi**  landlady  told  my  mistress,  He  is  certainly 
mad,  and  it  was  not' to  lie  iiuuded  what  be  said 
or  «lid. 

Serj.  Chuhirc,  What  you  hare  heard  (fOM 
for  nothing. 

GiHingi,  1  was  to  see  the  prisoner  in  tht 
gaid  Ml  h^tuthwark  th«*  2!kd  of  last  month,  be« 
nig  the  fintt  time  )  tv*  r  ^Jitv  bim  since  he  sha 
my  lord  Onslow  :  [  tiMtnd  him  in  great  diiordtf 
tbeD|  and  I  asked  him  bow  he  cataeti^  i^%!(W^ 


*:-♦. 


/.  '.-auvfiV^, 


*..«•  r'  ^   •   ^^'^  flii<  «ar  tHii.  M  4i»  t  '    iwi   1^ 

«/a4  M*  «««««  •/•>  tf*i*^  ^t  ffjii  w*  fl^f  Hffn* 
•»«v  •  f.4«A«  >l  tAT.!^  W  fa^  ••v'il  MM  MflA  !lflB 
•  ^    /.-«•■ -^    t/i#     MVP    ft     •JdftU'  ,     Mif    U:i«<lC4Vf   C 

kiiMft  t.«<to*    V'irtff    «•?'.•    •'->««sM»»:< 
v^u«ir  .rt    •.'•t*r.  w f  r  '    J* »  •Ml'.  «*  ■-.«•  w«*;cJl:f^ 
i^.^    >  .«  •».>(  '^  yi  'rf*/.  4.tK  v»*'.VWirwW  '    Ma 

U>'.    **^    ^^        >/.    '.    v*.»^    k  $'.^<A.ijr-U^t  %:'4^  *iV  y  V 

Ai^*  f  V.''  /  •  V  ,.«•.'!« '7  4.'.^  «  «v.>C  ^•^  *< 
^«.>^«#«/;  '•.«   A//:?    #«'^)  utf>  9„«  v/'*  ,   rf  <«<^ 

Mttftf  Mttthn  %m**th, 

M#  I*'  •'^'■''l  ^•r«'<4'l  w«4  III  iAjr  fi'/UM,  wfiirii 
!«'  .|«l'  ••I'l  wa«  f^4/l  .'k/S  ,^ri.'#M,  rn^^l  NH 
^MHilfl.  iVf^iilf  «'/«itf|  |^i»«f  |«irn  lliat  ri-(^frt  ; 
I.I  «iN//  'ii'l  Am»'iI<1  rti'l  Arff'rM  ira»fri  my 
Iiiiii«i ,  itii'l    «' <  >rf'liif(/t/    I  .ilif'l   for    a   '"*'IC  ''^ 

III  t  I  Ami|   i«Ii  •i.:'i    V"II,    I    li.'-|f   il    |flllrllf:   hoil4«'. 

Wliifi  I  lii*'Mi'J«  If*  fJ  liiiii  M  if  111^  >»f  iH't-r,  III'  tini 
liiiii.ii  H  ilo-^ii  liy  IIk-  lliit  «  Im'-  li  II  u  ■-^'siimi;; 
uml  « iifnMi|/,  iiii'l   Mi^'M*-  liiul   my   loiil  OhvI'ivk 

■«i|«  ill   iii-l    lliliy  hiya     I,     Nl'i(,     Mrlllll     MIHlfl'll 

ymi  1.1*1  III,  mill  riiinti  my  IihiI  Oiiii|fivy  Hit  I*  || 
iH|iiiV.  riiil.tiiil  my  I«im1  ulioiilil  biHiw  ll  ;  if  lin 
km  M*  till  t*ii4  III  yiiiii  liitjy,  liii  MiiiiM  i|ill<  kly 
i.iimi>  mil  III  ll  Miivn  I,  If  yiMl  ivill  liiivr,  Nril, 
M  iliiiiiiil,  v"<i  N'l'l  1  tiill  K" '"  1"<*I  'riii<ti  Wl< 
i<«iiii  liiiluil  «»liiil  lliiir  til  fMi,  w  tiii'ti  |vii«  iiIniuI 
■il^ III  ill  iiiii««  ii'i  liH'li  lliii  III  ^1  mill  iiiiif.> ,  In  i{i) 
III  iiiv  liiiil  niiBlii^ir'u,  mill  (I'll  liliii  III  \\\\n  III  Iii« 
|ii»ll\  lri>iiiitiii|.'lv  liii  ^'ul  mil  III  lifi  rliiiir, 
mill  iiHili  ll  liiiilii,  mill  kt^iiir  lii«  wiiiilil  fiiri  \ 
lli.ii  mill  liiiii  I  h  II  yini  iiiillilii;*  Inil  wIinI  In 
iiiii<      Nil  lliiii  4  mill 'i  III  llmiv  ■  -  ,  IMr. 

riiilli  I'ki  iiirtii  (lull  lii-ltui^i  III  llir  liitiari.  ||i* 
tiMiiiviii  mill  I  «ilii|i  III  liiM  liiiitil  I  siutl, 
|liiii\.  Mill  \ttii  i;tt  iiiiil  WHWiK  NimI  mill  I  III  my 
litiil  |lii«li>««'..,  mill  irll  iii\  liuil  lli.il  liii  IN  III 
^»■^l  .  W\\\  •'  riuii  Mntinl  nuiio  III,  Ni'Vi-rtil 
tuiii.i't  !>•  lUxik  III  iii\  ImiM) .  mill  lliik  b.tiiit' 
iii.tii  («i|  I  U4i:)mii^  liiMitil^.  I  r.iitil,  ll.:ir^, 
\«.i;  \,»i»  .-..»  •  \  \'%.  X  i\  N  1»»'  r»iit.  vi\N  I.  NihI 
liii.il.i  \»\\u  or  «Mii\-.i^  u  ktiii^'  Noi  !ti\N  lie. 
|i  \K  u  »  »  .\   I  k'l.',  .  \»o  ui.t^  t-uiy  vou  'iJh'k\ 

tai  Mi\  Ui  vl  Mill  14^  >  OIU*  01  OS,  !\iul  veil  J  I'S 
»,i  111.     '••.•ki«%-  |if    k.»  ;tV  .  •-'  V\  .  V.1XS   I,    :(|m( 

li4  »»,     ^.'.i    i*si  IK*     ■'..I     V>  .»    »:i    iil\     l'.»;i\o 

l¥^h¥4MU«l^ 


'V«   E  M 

}  VI.  tL-1   fUTL,  Iff  iri* 
«*WU,      ^>Ut  ISBft  Xtt 

StfiJtn  HwiruMX  f  nKLj     I  dir  IB-  umm^m 

»M    Men    «    ^-CaO^IIDBX         ^WV  IPL  frll 

t«r,ik  t.  ^^zh^jaTm  acr.  vac  «ii>  ooBne  ^r.  inA 
^^  tiA»»^y.     9»fciY  arr  •fiuipnar    aiBK  If-  v  fl^ 

i<«,i  M.4  bt  e.«i;  a^t  cac  ic  inuL  If  1 1-^ 
«Aw  Kk  It  wriB't  cak  te  ■iiwfiiii  — I'll  i 
VI -k  U*r4,  il  it  unoe.     1  omk  1  iM«  MiVf 

6«e;jMA  rvvra. 

I  VMk  bim  to  be  a  cr«cT  art  «f  i  jiik«:«l 

t/j  b«!  in  bi«  %tiaht^  at  lii  ^ma.  He  vnrii  flf 
b«;  y¥ b %  u\-Aif ntr^  «(fb  tbe  Kjv  I3f  »o^c».  ifci 
b«;  rrcfuM  ri'H  rtst  k  dlt^jI  :  be  vs  fu  l*f>f 
III*  imm  with  tiie  raj.  or  be  co'jM  omSsf  h 
I  lie  irioriiiiiK  stuufAimtA  he  huh  a*kc^  f  te 
llif-r  I  Miiilil  rest?  I  tTjl.J  bim,  Tenr  vHl  I 
rtkkfil  liiiii,  liow  he  rented?  Sajs'be.  I  fli 
|ilii;(iii'il  Willi  tin:  hogii  aod  bolliesl  lie  loAgd 
Ml  my  lifiiiHir  1.^!itonths. 

Jiiiii  Dtity.  How  long  agrois  it  lioee  k 
IimI^i-iI  III  yoiir  houfte  ? 

Silt  I  man,   lie  lifed  there  till  this  aedM 

liuji|N  iinl. 

Nii;).  Whitaker.  Did  Dot  yon  lend  bifflt 
({nil !' 

Se.'rtman.  Not  at  that  time :  I  did  ok  tt 
Iniil  liiiii  II  ijfiiii  in  the  winter,  to  shoot  spaiTMn^ 
\r.  lull  1  did  not  lend  it  biin  at  this  time  thit 

tllll  llil|ll»l*IICll. 

Siij.  U'futaker,  Why  did  not  yoa  taketbi 
LTiiii  .i%«iiy  li'oiii  him  ?  This  very  gun  that  k 
nIioI  my  lord  thislow  with,  did  not  yott  kd 
hull  £* 

N  f  trtman,  I  did  not  lend  it  him  at  that  tone: 
I  tlul  May  he  iiii^ht  have  the  irun  to  goont 

Sor).  ^^'/iitaker,  \ou  i^Te  him  leave  tobife 
(hisi*iin;  then  I  ask  you,  {iou Id  yon  lend  I 
mud  limn  your  t;uu  ? 

SnH'.-%  t.  I  take  him  to  be  worse  somctiflici 
ihau  oi!uT«  aft  in  sprtu:;  and  tall. 

S.H^i .  W'h  iri9  \-e^.  Did  \ou  uke  him  to  be  seo- 
Ni»»\- .«i  ihi^ijinc  * 

Ssrv ,  wj  t.  lie  w  ai'XY  4c<»tbte  in  the  winter* 

i^'.-  .'>  1 W  iViAvin^.  My  lord,  1  dcnitbr 


Jktiioaai^^LofdOmk^ 


▲.B.19M* 


tIM 


lBBi,wheilMr  be  dy  DOlli^  lite 
Idogof  mf  lord  OoBloir;  thil  Wf 
•viMfkieiitlMiewiUiliiswiftr  Or 
card  pasted  betweeDthifBMUi'siiift 
idOoilMrr 

t.  H«  Md,  Ify  loi4  Omlofr  iMd 
hamper  of  wine  loto  the  kKebeo,  od 
le  dwaaai'  own  aiglit,  and  wImi  bo 
iDomiDff,  the  wine  wai  drank  oqlof 
jr,  and  the  empty  bottloa  were  vpoo 
'.  When  1  have  oone  homo,  it  it  tm, 
ay  lord  hath  boon  fkirattltng  bm^ 
W  kecpt  companv  witb  your  wi^ 
loute  it  disturbedi  they  keep  daneiBf 
ii  that  I  cannot  lett  IbamopoM 
n  door,  to  show  him  that  it  was  not 
mn  was  no  hamper  nor  bottlea  thore. 
UfolBer.  Prayygivoaanoooiintwbon 
ir  gun  at  finrt. 
k  Wy  I  can't  do  it 
kUakit,  latkyouy  wboioyo«rgQ» 
ttimeP 

I.  ItwasatmyboiHe. 
iUaker.   What  gun  had  ht  when  bft 
rdOntlowr 
k  It  hath  been  MportodtbatUwao 


How  caoM  bo  by  that  gon  P 
u  1  wiH  tellyoa  bow  be  might  come 
ifHtt :  I  wat  at  Mr.  Waitt%  boo- 

yi,  before  this  happened  |  tayo  Mr. 
yoo  oatdi  my  conies  P  Saytl,  I 
10  «an  do  it  better  than  1&  8a;vt  be, 
4ipiMce  a  conej  to  any  bod/  for 
fthem.  When  i  came  borne,  f  bap^ 
bof  n  word  abont  it;  my  boy  woo 
i^  Ned,  shall  yon  and  I  go  and 
mt  Says  be,  I  bare  never nguit 
on  may  take  my  father's  guo ;  and, 
ly.  We  will  go  halFes. 
(Uaker.  Then  yen  left  the  gon,  as 
ifcoitP 

1^  I  did  not  lock  it  up. 
tieiker.  How  came  yon  to  let  a  gon 
I  may  y  at  he  might  come  at  it,  if  yoa 
li  bnn  to  be  a  madman  P 
L  In  former  timea  be  did  oany  m 
•«n«e  of  a  good  family  I  Itboogbt 
thim  bare  agmi,  when  1  tee  blm<in 

Hgfm.  YoQ  tay  this  diaoomve  aboni' 
■nee  to  kill  oonies,  gmye  occatkm 
Lfear  gon  P-— iSzc^efiiiaii.  Yet,  Sir. 
tjfUB,  Did  he  hear  yen  tpeak  it,  that 
i.tVOoU  giro  tixDenoe,  Ace. 
lb  Net  to  my  knowledge ;  bat  my 
tUp^Mid  toM  bim  the  next  day. 
MMi   Pmy,  thit  ttory  you  tell  at 
hgmf  ef  wine,  when  was  itP< 
fpt^  ffetty  while  before  this  bap* 

■IfHik  What  do*  yoa  call  a  pretty 

iAmH  mUdt  be  half  n  year. 
L  QMaetbeiieetobefetbo 
gl^'te  fai  end  out  «e  be 


;'^5?^^?%lruta'ft 


Bastiman.  We  bad  two  beyt ;  behninlwy» 
but  we  could  bolt  the  door,  and  luep  Urn  m0 
of  the  kitetien  i  I  wee  eftnid  be  wenM  Are  Ib^ 

Seo*  Cheshire.  Be  m^bt  eoMbiandeiil 
wlien  be  would  P 

Smatmm.  We  dU  Mt  trait  bim  wilb  tkly 
liberty  toj^  into  the  kitohcn. 

^i^DarnelL  BUfdntiiHtn  men  ii  year 
bouse,  that  yon  wai  MfSfuk  wofeM  fire  it  P 

Smomam,  BmmM  ttbt  cen^  to  Ifaet  pbee 
where  the  fire  was» 

Beij.DermU.  Yea  wpi  oftm IKghiMtd  JN^ 
such  a  ihing  &bonM  bnppenP 

Swtiman,  I  wio  fMiif  Id  b|m  hSmidttt:  f 
told  mv  mie,  Tblalblklw  ia  eo  mad.  tfavt  m 
can't  kfse^  bim  miy  k«g!tr)  he  hi  it  to  go  ItC 
Bedlami   . 

Seij.  Ccm^nh  Did  jm  tmr  hSm  qpeafc  ei^ 

my  lord  OtyaowT 

Sw^tman,    He  bi^  1tecii.«niliiif  ionwitiMu 
When  my  boy  wfeafene  with  biSi,  be     "  " 
mv  boy  Jbroi    '       •   "•      -•    • 
wiiat  he  woV 
wo  aid  kiU  liinssdr.  , . 

S?rj.  Cam^^^.  Did  you  b^  dlkP 

Sa^eimen,  I  rlid  not  bear  lu|i|  dny  it|,lpl'ji^| 
bo  J  iM  mn  whtii  I  came  hohM^ 

8erJ.  C^n&n^.  Did  you  ever  iMmrMmjifeilt 
by  way  of  ibreafeoin^  my  )5M  Ontlow  P 

Sict tmatu  8oi ueti iu es  he  WOqM  bnUoji.  i||  ^ 
owl  doth  ;  sumetimes  be  ivf^otil  poy  CrOdu^,. 

^trj.  Com^m.  Have^  yo^  ever  beiffd  1^' 
tUreat^Q  idj  lord  Dostow  ? 

Smftmn,  I  have  beard  bim 
nay  lord  Oiislunr. . 

St^rf.  €<myFiu   Bave  yoa 
tbreateo  bim  f  . 

Smcim^n,  One  tiaiL  abdot  a  twelvemontb 
«go»  he  said  he  wonUi  ihoot  my  lord  Onriow  at 
the  horse-race,  and  looked  very  wUd. 

Mr.  MuriJi.  What  boiiMaoeP  OniUfenl 
horse-nu^  F^SMheoii.  1  took  It  to  be  to. 

Mt,M(irsL  Dklhetajrbewouldibeothiai, 
at  the  next  horte-iaceP  w  be  wonki  baveaboi: 
him  at  tbc  ibriuerbonenrMeP 

Swttman,  i  took  no  further  aotioa  of  it;  foe. 
1  look  bin)  to  be  Aoraay  follow* 

Mr.  Mar^L  But  what  dul  be  tay  P 

S^timan,  He  tald  be  wookl  akioot  nj  lor4 
Ootlow  at  the  borae-race. 

Mr.  UariL  When  wm  titit  P  Before  tboi 
borBe-race  f 

^ettmn.  f  t  waa  ia  Uay  was  twelvemonlli : 
there  was  ono  borae-raoe  patted  :  I  aevea. 
heard  be  did  motion  it. 

Mr,  MarjA.  You  tay  tbia  waa  May  waoi 
iwelf  emotitb  :  bow  often  batb  be  bad  me  nta' 
of  vour  g-un f ince?  ■   .i 

S^eimtin.  I  don't  know  bow  often,  brcanM 
I  did  oot  tnind :  benever  did  no  harm. 

Mr.  Uartk.  Hath  be  bad  iteeveral  timart 

Smtttm^  He  badk  bad  it  teveral  tunet. 

Be^.Whitakar.  Had  he  not  the  gon  whe«« 
er«r  he  would  f 

Stcttmun.  No;  I  uaed  to. oarry  it  ta Wood- 
bridge,  to  thoot  apaiTowai 


aod  ^Tnii 
beard  btoi 


735]  10  GEORGE  I. 

Mr.  Manh.  Did  not  you  biiog  the  gun  home 
agmiii? — Swetman.  Yes. 

Sol.  far  the  Fri$oner.  My  lord,  as  to  the 
time  of  his  takioif  the  gon,  to  go  to  shoot  Mr. 
Waite's  cooies,  whether  it  was  not  the  same 
moraing  that  my  lord  Onslow  was  shot  ? 

Just.  Tracy,  He  tells  you  he  was  not  at 
home. 

Solicitor,  According  to  his  information,  whe- 
ther it  was  not  at  that  time? 

Just.  Tracy.  He  said  he  did  not  lend  him  his 
gun  tlien,  but  he  had  it  then. 

Solicitor,  Whether  the  lane,  in  which  this 
fact  was  committed  doth  not  lead  to  Mr.  Waiters 
turnip>field,  where  the  conies  were? 

Swetman.  It  lays  the  same  way,  and  my 
wife  thought  he  went,  because  my  wife  see 
him,  and  had  lent  him  money  to  buy  the  shot 
to  shoot  the  conies  with. 

John  Dedman  sworn. 

Just.  Tracy,  What  do  yon  know  of  this 
man? 

Dedman,  I  know  him  to  be  a  madman. 

Jubt.  Tracy.  Why? 

Dedman.  By  reason  my  lord  Onslow  was 
always  in  his  mmd  ;  he  was  always  troubled 
with  my  lord  Onslow;  he  could  ne?er  take 
no  rest,  the  de?ils  and  bugs  troubled  him  so. 
In  the  next  place,  he  rented  a  house,  he  had 
neither  ^oods,  nor  beds,  nor  chairs^  either  to 
sit  or  lie  down  upon ;  he  had  nothing  to  lie 
down  upon.  He  would  come  to  the  house, 
and  he  would  beat  them  all-out  of  the  house :  1 
have  been  called  from  my  work,  to  make  peace 
among  them. 

Just.  Tracy.  What  house?  To  whom  was 
this? 

Dedman.  To  his  friends,  to  bis  sisters. 

Just.  Tracy.  Uow  long  ago  is  this  ? 

Dedman.  About  five  or  six  years  ago. 

Richard  Wheatly  sworn. 

Wheat ly.  I  have  shaved  him  these  two  years, 
and  he  hath  come  into  the  shop  sometimes  so 
that  1  have  been  afraid  to  shave  him :  some- 
times he  would  come  in,  and  go  out  again,  and 
hath  spoken  never  a  word. 

Just.  Tracy.  Why  have  you  been  afraid  ? 

Wheatly.  Because  he  hath  swore  all  the 
time  1  have  been  shaving  him. 

Sol.  for  the  prisoner. "  My  lord,  I  desire  be 
may  he  asked.  Whether  he  did  not  use  to  de- 
sire him  to  cut  his  throat  ? 

Wheatly.  One  time,  as  I  was  shaving  of  him, 
he  said,  Dammee,  cut  my  throat. 

Serj.  Cheshire.  1  suppose,  at  that  time,  yon 
had  given  him  a  nick ;  1  ask  you,  whether  he 
said,  Cut  my  throat  ?  Or,  You  will  cut  my 
throat? 

Wheatly.  He  said.  Damn  you,  cut  my  throat. 

8erj.  Whitaker.  What  answer  did  you 
make  ? — Wheatly.  None :  I  was  afraid. 

Serj.  Whitaker,  Did  you  take  every  man 
for  a  madman,  that  swore  when  you  cut  him  ? 
Tydie  sworn. 

3>cfis.    I  haft  knowo  Bdward  Amtdd  Ar 


THmI  of  Edward  AmoU^  [TS5 

lereral  years ;  and  I  nerer  knew  Vat  tbit  ba 
was  a  crasy  sort  of  a  man. 

8eg.  Whitaker,    What  do  yon  mcao  by  a 
crasy  man? 


ly die^He  had  several  fbolisb  eznreHio 
~  J  'lc  Dim  to 

distracted  man? 


Serj.  Whitaker,    Did  yu  take  him  to  be  a 


Tydie.  Sir,  1  could  not  take  him  to  be  other* 
wise. 

Sol.  for  the  Prisoner.  My  lord,  1  dcmre  ha 
may  be  a>iked.  Whether  he  beard  him  aimm 
himself  about  the  bugs,  and  bullies  ?  Or,  Whe> 
tlier  he  proposed  to  take  his  gun,  and  iboel 
himself? 

Just.  Tracy.  Did  yoa  hear  hun  talk  absal 
the  hollies? 

Tydie.  I  heard  him  asy,  that  the  hoUan^ 
and  the  plagues  phigued  him  so,  that  he  mm 
not  take  his  rest  at  night. 

Solicitor.  Whether  he  desired  that  he  Bflk 
take  bis  gun,  and  shoot  himself? 

Tydie.  I  have  seen  him  several  times. 

Just  Tracy.  Did  he  say  ha  wookl  taka  hk 
gun,  and  shoot  himself? 

Tydie.  I  canH  say  that ;  I  don't  know  k,  1 
never  heard  it :  I  have  heard  him  sit,  aad  nl» 
and  swear,  and  damn  to  himself. 

Solicitor.  I  desire  he  may  be  asked,  If  lii 
hath  ever  heard  him  say  anv  thing  abaut  ai^ 
transaction  between  my  lora  Onaww  and  Iha 
Swetman's  wife  ? 

I^die,  1  have  heard  him  say,  thai  my  hiA 
Onslow  was  one  night  there,  at  SwatoBM^ 
honse,  and  he  drank  out  a  hamper  af  mi* 
there ;  and  thev  had  fiddles,  and  daaoad ;  m 
he  said,  one  tiientiman  played  to  tham :  td 
when  he  came  down  in  the  nwmiog,  thcra  «l> 
the  empty  bottles  upon  the  table. 

Thomas  PouUer  sworn. 

Poulter.  I  ever  took  tlie  man  to  be  aolai 
another  man ;  he  was  always  out  of  his  mbd. 

Seij.  Whitaker,  How  long  have  yoa  kasvf 
him? 

Poulter.  Sir,  I  have  known  him  these  aim 
years.  One  time  he  came  in  in  a  paMia 
where  1  waa,  and  ssid  he  would  kill  me. 

Serj.  Whitaker.  What  was  the  reason  ? 

Poulter.  I  know  none  at  all ;  hut  it  fai«i 
over,  and  he  never  did  me  any  harm,  or  any 
wrong.  About  a  fortuight  before  this  wai 
done,  1  was  working  in  the  field,  aad  be  caaM 
to  me,  and  looked  mighty  meiaacboly ;  bi 
swore  and  cursed,  and  be  said  at  laat,  Dmb 
Tom  Onslciw ;  and  1  asked,  how  my  kird  Oi* 
slow  had  hurt  him  ?  He  said,  he  had  bewilflb« 
ed  him  four  or  five  years  ago,  and  he  had  bid 
nothing  gone  through  him  never  sinoe,  aad  bi 
should  never  be  able  to  go  up  May  hill.  Thia 
was  about  a  luruiigbt  betbre  ibis  aoctdant  kif" 
pened. 

Serj.  Whitaker.  Where  do  you  life  f 

Poulter.  At  Oodaimiog. 

Serj.  Whitaker.  Did  yon  give  any  of  hn  ■•• 
lations  notioe  of  tliis  ? 

Poulter.  A  great  many  people  knew  af  ihiiS 
heaaid,  ha  wishedhecoukiaeehiaalai     '  *^ 


for  tkoothtg  at  Lord  Ontfoto. 


A.  D.  17«*. 


lb  Uood  of  him,  becanse  he  bad  be- 
m,  and  be  would  go  to  the  kingy  and 
f  why  my  lord  Ooaloir  plagued 


Mary  Morris  sworn. 

My  lord,  I  have  known  bim  almost 
frears;  I  alwava  thought  him  mad, 
1  actions,  as  1  na?e  seen  him  in ;  he 
come  in  at  his  sbter's  house,  and 
mself  down,  and  hath  talked  to  him- 
hath  swore,  and  cursed,  and  talked 
igoe,  and  would  look  one  way  and 
f  talked  to  himself:  he  would  sit  so 
getlier,  and  then  he  hath  got  up,  and 
',Jivhen  his  sister  hath  not  been  at 
n  the  Saturday  before  he  shot  ray 
nr,  he  came  and  asked  for  some  small 
mistress  was  nut  at  home  ;  1  fetch - 
me ;  he  sat  himself  down,  grinned 
and  had  such  actions;  looked  one 
other,  and  without  any  proYocation 
1  swore,  and  talked  of  plagues.  1 
^htened,  1  called  my  fellow-serrant 
Dm ;  I  was  afraid  to  stay  with  him. 
Very.  Did  he  shew  any  marks  of 
liwrif.  Yes,  my  lord. 
Vary.  What  did  hf  do,  besides 
if  teeth .' 

.  He  did  not  say  much ;   he  looked 
talked  to  himself. 
•«ey.     How  did  he  talk? 

He  talked  to  himself. 
mey.     How  ?  ' 

Ob !  Yery  wildly  ;   with  hts  eyct 
e  way  and  t'other.' 
T^kitaker.    Was  he  cursing  at  any 
rticular  f 

Not  as  I  heard;  I  did  not  bear 
on  any  b<Mly'g  uame. 
ike  Pritoner.  My  lord,  I  desire 
sa  may  be  asked,  What  transaction 
I  the  man,  and  what  directions  she 
rom  the  keeper,  in  the  house  of  cor- 

I  carried  him  fictuals  etery  day, 
raa  there :  he  said  very  little  to  me, 
ed  himself  much  as  he  used  to  do. 
ol-keeper,  Mr.  Flutter,  and  John 
d  me,  that  my  mistress  should  not 
ietoals  with  bones),  nor  they  would 
i  have  a  knife ;  they  were  afraid  he 
M  sway  with  himself;  they  stripped 
»ff  from  the  bones,  before  they  gave 
M  good  woman  of  the  house  where 
UM  the  boy  went  with  me  to  see 
I  be,  Joe,  how  do  you  do  ?  Do  the 
id  bellies  plague  your  house  as  they 
'wbcn  I  was  there  P  And  the  boy 
(it. 

S^pAcji  Fachin  sworn. 

•fit  the  Fri$on€r.  My  lord,  I  desire 
tmktdf  Whether  he  hath  not  fouud 
I  a  W^  all  night  in  the  air  ? 
J^  M,  I  foond  him  in  Loosley- 
ilHi»k»  WW  wbcD  I  went  to  work 


r7S8 

upon  ■  ptaoe,  where  there  is  none  hot  havA 
timber. 

Just.  TVacy.  When  did  yon  find  him  tberaP 

Faehin.  1  can't  rememfaier  the  time. 

Just.  Tracy,    Was  it  night  or  day? 

Fackin.    ft  was  in  the  morning. 

Just  rrory.     Had  he  been  there  all  night  f 

Fackin,    As  far  as  I  know,  he  had. 

Serj.  Chetkire,    How  long  ago  is  thisP 

Fackin.    About  two  years'  ago. 

Serj.  Ckeskire.     What  time  was  it  f 

Fackin,  It  was  in  the  morning  abont  seven 
o'clock  :  we  went  to  mend  the  tiling  of  tb« 
lodge ;  I  can*t  tell  the  time  of  the  year  it  was. 

Serj,  Ckeskire.  About  what  work  was  yott 
about  ? 

Faehin.  Mending  the  tiling  of  the  lodge : 
it  was  the  spring  of  the  year. 

Seij.  Ckeskire,    About  Lady-day  ? 

Fackin,     It  was  then  about 

8eij.  Ckeskire,  Did  yon  ask  whether  he 
had  been  there  all  night? 

Fackin,  No ;  I  dkl  not  find  him  at  first, 
but  he  popped  his  head  out :  when  I  found  that, 
I  looked  op,  and  heanl  a  man  cry,  Don*t  med- 
dle with  my  tobacco :  I  was  sur|irised  at  it 

Serj .  Cheskire.    W  ho  brought  yon  here  P 

Faehin,    I  was  subpeenaed. 

Serj.  Ckeskire.    Who  brought  yon  P 

Fackin.    Mr.  Arnold. 

Serj.  Ckeskire,    Which  of  them  was  it  P 

Fackin.  I  don't  know  both ;  Mr.  Arnold,  of 
Katherine-HilL 

Serj.  Ckeskire,  Had  yoo  any  promise  of 
any  money,  or  any  thing  else,  if  you  could 
swear  bim  a  madman  ?•— JtsrAia.   No,  my  lord. 

Serj.  Ckeskire.  Were  you  not  told,  it 
aheuld  be  worth  thirty  or  forty  shillings  to  you, 
if  you  could  prove  him  a  madman  ? 

Faehin,    1  had  nothing  promised  me. 

Seip.  Cheshire,  I  ask  you,  whether  they 
said,  It  should  be  worth  so  much  to  you  ? 

Fackin,    No. 

Serj.  Cheshire.    Did  nobody  say  so  t6  you  P 

Fq^kin.     No. 

Serj.  Wkitaker.  Have  you  not  declared  that 
this  Arnold  was  a  rogue,  and  no  madman  ? 

Fackin.    1  believe  he  is  a  lunatic  man. 

Serj.  Wkitaker.  I  ask  you,  whether  yon 
have  ever  declared  that  you  believed  him  a 
rogue,  and  no  madnun  P 

Faehin.  1  believe  I  always  took  bim  to  be  a 
madman.  * 

Seij.  Darnell.  Did  you  never  say  to  any 
body,  that  it  was  your  opinion,  that  he  was  not 
mad,  but  a  rogue  f 

Fackin.    Sir,  I  never  said  any  snch  thing  in  , 
my  days :  No,  indeed,  I  did  not. 

Seij.  Whitaker.  Did  tou  not  say  so  to  one 
Sentiman  ? — Fackin.    No. 

Serj.  Whitaker.  Had  yon  no  discourse 
about  it  f-^F^tckin.    No,  no. 

Robert  Dandy  sworn. 

Dandy.    My  lord,   I  have  known  him  a 

reat  many  years ;  1  lived  near  his  father's  ; 
nerer  thought  him  any  thing  birt  a  acavf 
3B 


10  GEORGE  I. 

Ift&n,  sei^Ain  in  bii  senses  ;  hit  father  hMh  sent 
tor  me  several  lime^T  to  desire  tiim  ti>  be  civil  ; 
for  he  Hould  \m  leady  t»  beat  his  sisters  «nri 
his  fstber  «Kit  ol  tioort :  I  told  him,  if  he  w(Mj1d 
Dot  fi«  civil  f  I  would  send  hi  in  lor  a  soldier,  1 
had  hiaiWfore  a  justice  of  jieace,  to  frighten 
btm,  hut  h^  was  as  bad  when  he  came  home 
Again. 

Just.  Traty^  Did  you  hear  him  threaten  to 
lurti  his  laLht;r  and  sifiters  nut  of  doors  ? 

Dandy.  1  did  not  Ik  ear  brtti  :  he  abused  his 
father,  aud  1  hud  him  before  a  junlice  of  peace  ; 
1  was  coiislable. 

8erj.  Cheshire,  OiJ  you  take  this  to  be  a  car- 
fiaj^e  to  a  madiDaii,  or  to  a  wicked  man,  to  re- 
claim him  f 

Dandy.  I  did  uot  take  him  to  be  in  his 
■ensea, 

8erj.  Cheshirt*  Why  did  you  carry  him  he* 
fore  a  justice?  Wa«  he  oot  a  wicfceii  rog^vie, 
an  untoward  boy?  Was  not  that  the  rea- 
son why  his  father  sent  him  iVir  a  soldier  ?  Do 
you  \x§e  to  send  madmen  fur  soldiers  ^ 

Mary  Seeeiman  twom. 

So!  for  the  Pritmtr.    Thii  is  the  wife  of 

L        ^etman. 

J  ust.  Tracy,  What  ha?e  you  to  say  ?  What 
ia  your  opinion  of  the  prisoner? 

Swetnuin.  1  really  think  he  is  a  mad  man, 
and  not  ui  his  rip^hl  tenses. 

Just  Tracy,  tie  lod^^ed  at  your  house  T 

Sn^iman,  He  lodged  at  my  house, 

Just.  Tracy.  When?  Abuui  this  time  thai 
thb  accident  ha p|>ened  ? 

Swehnan.  Y  es,  my  lord  :  though  when  he 
came  to  my  house,  1  took  him  to  be  a  pretty 
^cenf^ible  man.  Af^er  a  little  time,  he  g^rew  Tery 
mad ;  and  one  Strndav  morning-  he  gnt  up,  and 
walked  out  with  my  son  up  the  Chnpple-bill, 
and  when  he  was  upon  the  hill,  he  said  to  my 
0On,  Joe,  I  won*t  come  to  your  house. 

8erj.  Cht shire.  Was  you  there? 
'     Stoetman,  My  son  told  me  so. 

Serj.  Cheshire.  That  won*!  do, 

Swetman.  He  said  he  would  not  come  to 
my  house  any  more :  It  rained  that  night,  but 
he  did  come,  and  went  to  beii.  The  next  day 
lie  went  a  walking-,  but  I  don^t  know  where  : 
At  uig^ht  he  came  home ;  I  heard  him  come 
•liome:  About  niue,  I  desired  him  to  come 
in,  and  ^o  to  bed,  becaujse  my  husliand  was 
not  at  home  ;  he  said,  He  come  in^  he  would" 
not  come  in,  I  had  gotro^es  bid  in  the  house ; 
mod  I  said.  No,  Mr.  Arnold,  or  Edward  or  T^ieil, 
1  can't  tell  which ;  he  stcppeil  oter  the  way 
with  such  a  fury,  and  said.  He  would  not  come 
in  to-ni^ht ;  1  thought  he  should  not  come  in 
to  frighten  me  ;  1  lockeit  the  outward  door  ;  he 
had  a  key,  so  hid  1,  and  I  bolted  the  middle 
door,  that  when  be  j^ot  in  at  the  outward  door, 
he  should  come  no  funher.  At  two  o'clock  in 
the  morntng  he  comes  to  the  door,  and  sat 
there  *till  i  he  clock  went  three,  then  became 
in;  1  finding  him  there,  f|ot  up,  and  opened 
the  middle  door  ;  he  went  to  beo,  said  nothing 
i»  me,  mtiiu  itifo,  biAt  k>(ik«4  tmt  of  Uumour, 


Trial  of  Edward  Arnold^ 

in  a  wild,  staring;*  dtstnioled  ftmys  k  Me 
while  at\er,  my  husbaad  came  home;  asd  w 
he  sat  by  tlie  fire,  be  came  to  biro  \  Slcpheti^ 
says  he,  you  are  a  pains'taking  man,  bdt  yots 
hare  a  bad  woman  for  your  witip,  and  be  made 
me  out  as  if  1  wais  nan'ghty  to  my  butbaiid; 
«iys  be,  8he  hath  such  rackettiof s  muA  mtk 
doiogs  here ;  she  hath  had  men  above  M»if% 
feil  them  with  victuals,  and  I  could  not  real  Ui 
them.  He  said,  He  came  down  one  mo 
and  he  saw  a  hamper  and  bottle*  of  i 


m^  upon  the  dreaser,  as  my  lord  Onslow 
1  had  drunk  out,  and  he  hail  been  there  " 
Gfeting^  *  and  I  was  in  a  passion,  and  (i^ 
band  said,  1  was  to  blame  to  take  notii  ~^ 
for  we  took  him  for  a  madman,  Soi 
have  desired  him  lo  read  a  chapter  in 
when  my  husband  hath  been  abroad,  to 
away  tiie  time,  till  my  husband  hatb  i 
home,  whirh  he  did  sensibly  ;  I  desired  lis 
lo  read  another,  he  did  it  very  sensibly.  Aae^ 
ther  lime  as  he  was  sitting  down  ow  the  opimI^ 
by  the  6re-aide,  I  see  him  look  very  wild^ial 
1  came  to  him,  and  said,  Come,  tak^  the  Bibit, 
and  read,  and  put  all  these  abominable,  wicke< 
distracted  thioj^  out  of  your  mind  ;  be  gsfi 
me  no  answer,  but  took  the  Bible  out  of  is? 
hand,  and  looked  in  it«  and  swore  an* I 
and  said  such  things  as  I  am  sture  cool 
in  the  Bible,  and  he  looked  very  wild  and  ^^ 
mad. 

^^rj.  Cheshire.  How  long  was  this  brfRt 
this  accident  happeneil  ? 

Swetman.  I  canH  tell  how  long,  it  wtiwill* 
in  the  time  he  was  at  my  honse. 

Solicitor  for  the  Priw'ner,  Please  10  ilk  t* 
about  the  rug,  at  her  house. 

Just.  Truey.  What  do  yon  say  relatiiigfBt 
rug? 

Swttman.  One  morning,  in  a  raging  ctnrf* 
tion,  I  heard  him  sweat,  that  he  had  pulled  nf  ' 
rug  to  pieces,  and  had  slopped  his  ears  wifl» 
it.  When  he  came  down  stairs,  he  came  nM* 
ing,  and  pulling  the  stuff  out  o(  his  ears,  iB^ 
raving  at  the  l)o]lies  and  bollemys,  and  I  kos* 
not  whatf  and  said,  The  hollies  plagued  faioa^ 
and  he  thought  my  lord  Onslow  plagued  hi*^ 

Solicitor  for  the  Prisoner,  My  lordi  1  ho^ 
hly  beg  the  faTour,  that  she  may  he  asked,  ft- 
lating  to  the  transaction  that  morning,  whm 
thia  unhappy  accident  hap^tened,  that  ib* 
would  gtire  your  lordship  an  account,  if  jrol 
please  to  ask  her,  whether  he  lay  at  home  thai 
night,  and  what  passed  between  her  and  ^ 
son « relating  to  Mr,  Waiters  contest*  And  whe* 
tber  she  did  not  mention,  that  Mr  Waite  w^ 


give  sixpence  ftir  every  coney  they 
because  they  eat  his  turnips  ? 

Just.  Tracy,  You  would  have  me  to  ^ 
these  questions  ?  Did  he  lay  at  horoe  that  nigii' 

Swrlman.  My  lord,  he  did  not  lay  at  h&tf 
that  night ;  1  never  heard  nor  see  him  1^ 
about  six  o'clock  *,  he  took  a  Ijosket  of'  inJli% 
and  went  to  Guildford,  and  bought  a  kiaif;^ 
the  mean  time,  1  got  up,  and  he,  to  the  bfstflf 
my  knowledge,  asked  me.  Whether  I  had  ie<e 
or  betrd  ftny  tliiiig  of  th«  fox^Utitmdsl  ^  ^ 


fiit  iho'ding  at  Lord  Onstom. 


A.  D-  17184* 


[748 


h^o,  ikm*!  trouble  me,  1  hare  inmetlunff 
minit :  That  was  in  the  morning',  dier 
oe  trom  GuilHfort), 

fit  the  Friwner.  Did  vou  hetr  him  My 
lia^  ftboui  Waitt*9  conies  ? 
iflMPi.  Yes;  ttkr  he  came  horoe^  he 
iDe  if  1  had  heard  or  sef*n  any  thing*  of 
|^|»oundfi ;  and  he  loaked  sadly  wild 
Hpbreot.  He  went  out  of  doora,  and 
^B   agnin ;      sat   down,   and    got    yp 

ftnd  was  very  untoward.  Mv  hltle 
ttine  in,  and  asked   him,    Whellier  he 

gfi  and  shoot  Mr.  Waila^a  conies? 
iiy  boy  mid  Mr,  Aniold  ftbould  »hoot 
and  he  would  bring  iheiii  to  him ;  and 
niold  said,  he  had  no  powder  nor  ehot« 
loney  to  buy  any.  And  my  child  said, 
go  with  you,  and  ask  my  mother.  Sa 
mold  avked  me  to  lend  him  a  shilling' ; 
did  lend  him  a  shilJing^'s  worth  of  half- 
;  and  my  child  wanted  to  go  with  him  to 
ford  to  buy  this  powder  ami  shot :  I  said, 
111  Id  nol  go,  but  he  should  ^o  to  school ; 
Ir.  Arnold  was  to  go  lo  Guildford  and 

I^ID. 

Jor  the  Pritantr,  Did  he  borrow  it  to 
awder  and  shot  f 

imam.  He  borrowed  it  to  buy  powder 
mt  in  ihool  the  oonies,  so  far  as  I  know. 
/or  tfu  Pri$oiier,  Did  be  give  that  as  a 
if 

iman*    Yes ;    my  chihl  was  to  go  with 
aiul  tie  was  oveijoyetl  thai  he  was  to  go 
J         uooUhe  conies. 

Tlien  hr  went  away,  and  eame 
■IIP  r — Sweiman,  Yea. 

iCy,    How  far  do  you  lire   from 

iwutn.  About  half  a  mile.  After  he  had 
iii^r  and  ediot,  1  see  the  gun  standing  in 
ifner  of  the  k  itch  en «  At  last  1  thought 
id  iwt  a  mind  to  go  and  shoot  the 
i  lie  VIS  gone  ont  of  the  door  ;  a  man 
froman  came  and  desired  me  to  stand  at 
)m$  Ibtre  Wis  a  horse  and  a  hamper  com- 
H  t  used  to  buy  fish  of  them  as  they 
ly.  I  dMirrd  Mr.  Arnold  to  stand  at  the 
whdr  I  w«ut  up  to  dre«s.  I  took  it  he 
fland  at  tlie  diH»r  whili^  this  horse  and 
ar  went  by.  To  the  be»t  of  ik^  know- 
I  kc  nid  lie  wouid.  I  wriu  up»  After- 
Il9  MiBa  and  said,  ^4 re  you  C'Otumgdown? 
^  fl^f  but  1  satd«  If  j^ou  want  to  go,  you 
p,     I  Uiotwht  hrm  a  truMy  i^teward.    t!Mj 

Siy,  I  lookt^i  to  sre* which  way  he 
went  nn  the  lane  towards  Mr, 
roip*Md<  Then  I  went  awsy  to 
imd,  1  was  but  just  gone^  but  I 
Ib^mnigvioC  Thinks  I,  thikmsnhnth 
oasfthtDg  in  th€  lane.  Whrn  I  kK>ktd, 
ioiile  geuUenito,  and  «oifi«-  hoptes,  and 
»  upon  tktm.  Then  I  tlinughi  he  mighi 
liiffbiefird  the  homn,  that  ihey  had 
I  lEt  geollemen  ImmifilrnitOy  one  came 
I  vki  aaiili  Dame,  bring  uch  ur;  which  1 
ikmi  1  SAW  a  gentleman  was  shot :  he 
*mmM  ■•(&  tdoody.    tiocmrbody  said, 


Hare  yon  got  some  good  brandy^  or  fair  vaCir  F 
I  went  and  fetchett  lioth.  When  1  came  agaifii 
1  did  not  kntiM  (hat  this  was  my  lord  On^^tow. 

BerJ,  Whiiafar,  Had  you  lieard  ban  say 
any  thing  that  day,  or  before,  threatening  my 
lord  Onslow? 

Swttmnm,  Yes ;  I  have  heard  him  say,  b* 
would  kill  my  lord  Onslow. 

SoL/or  the  Pri$omr,  Atid  nohntly  else  P 

Swctman.  He  hath  said  he  would  kill  mei 
and  be  bath  threatened  to  kill  Sentimao; 
and  lie  bath  threatened  to  kill  my  child  \  tbr 
you  are  plagued,  and  I  am  plagued,  aod  yott? 
child  is  bewitched,  he  said. 

Mr.  Mmrtk,   Where  did  this  gnn  stand  P 

Swetinan,  It  stood  sometimes  in  one  pbce, 
and  Bometicnes  in  another. 

Soi,  for  the  Pri$oner.  I  beg  kave  to  ex»» 
mine  a  wittiest  or  two»  to  oooftrm  this  witneM*i 
evidence. 

Eleanor  Arnold  called. 

Ju«t  Unory,  Did  you  hear  what  this  witoeM 
aaidf 

Eleanor  Arnold,   Yes;  she  related  the  i 
thing  to  me. 

Just.  Prary.    How  loog  ago? 

Eleanor  Arnold.  About  a  rortoight  ago. 

Mary  Arnold.    And  she  gave  mc  Ihe  i 
accoiuit« 

Mr.  Cope^an(f  sworti* 

My  lord,  I  was  with  him  in  the  Marsh alsea. 
1  aiiked  him,  what  could  induce  him  to  niunter 
my  lord  Onslow  ?  He  made  me  htile  aoswar 
at  first;  but  at  last  he  said,  My  lord  Oosdow 
ha«l  benritched  him  ;  and  if  he  had  nny  money 
in  hia  pocket,  he  could  mvt  siiend  it  in  any 
quiet ;  my  lord  Onslow  troobleu  him,  and  ruia 
in  his  head  I  that  he  was  never  easy,  nor  never 
quiet.  1  asked  him.  Whether  anybody  had 
put  him  upon  this  actimi  ?  And  he  hesitated 
pretty  much  at  firsts  and  afterwiirds  he  sjiid, 
No ;  not>ody  had  put  him  upon  it.  1  went 
atlerwarda  once  more  to  him  m  the  Marshal- 
sea,  and  L  asked  him  again.  Whether  any  body 
had  put  him  upon  doing  this  bartiarous  action  r 
And  he  said,  that  my  ford  Oni»1ow  (the  ueoplt 
had  aaid)  was  the  occasion  of  all  the  troubles  in 
the  nation  ;  he  suid.  That  be  cnuld  not  havo 
any  peace  nor  quiet  in  himself  in  his  own 
mind  j  and  he  wsa  in  a  great  deal  of  ocm fu- 
sion.  I  could  not  tell  what  to  make  of  it,  that  I 
could  not  hut  judge  be  was  (>esides  himself^ 
mad  I  thouffbt. 

Mr.  JDar ^y  sworu* 

My  ford,  by  commnnd  of  my  lord  Onslow,! 
several  tiineii  called  thu  man  to  exuminiitioo. 

Ner)  Chewhtre.  Hy  lonl,  1  suhinii  it  tn  yoor 
lonJsliip.  whether  thtu  evideoce  might  in  bo 
pennitted  in  thui  c&t»e,  mm  to  this  nmoN  bt'ha- 
viaur  •lub'vequent  lo  the  tact ;  the  etide<«cc 
anlec»<teiit  to  the  fact  m  very  (iroper  ;  tml 
the  stibao«|iieot  it  is  very  likely  may  be  coun- 
terfeit. 

Jyat.  Traty.    U  vitist  bo  saUiAitled  ta  iha 


1 


743] 


10  GEORGE  I. 


Trial  ofBdward  ArwMf 


[744 


jury,  M  it  appear!  to  them,  botb  before  and 
after. 

Darhy,  VLy  lord,  by  commaod  from  my  lord 
Ooblow,  I  calleit  ihU  prisoner  ae? eral  times,  to 
ejcamine  bim,  to  see  if  I  could  find  tbe  true 
cauHo  wby  he  did  this  action.  I  have  been 
with  bim  bv  myself,  with  his  friends  and  his 
brothers;  but  I  could  never  gfet  any  tolerable 
answer.  He  said,  my  lord  Onslow  bad  be- 
witehed  him,  and  was  a  trouble  to  him. 

SoL/or  the  Pritoner.  We  ba?e — 

Just.  Tracy.  You  have  bad  an  indulgence, 
the  greatest  that  e? er  was  gi? en  before ;  but  1 
woukl  not  stop  you. 

Solicitor.  Aly  lord,  I  humbly  submit  it 

ISerj.  Chethire.  Will  your  lordship  please  to 
fsTOur  me,  by  way  of  reply,  to  take  notice  of 
aometbinflf  P 

Just.  Tracy,  You  hinted  something,  I  think 
by  a  question.  You  had  one  of  the  witnesses 
a8kf*<f,  Whether  this  roan  was  in  a  disguise  ? 
Do  you  believe  therr  is  any  thing  in  that  ?  If 
you  assure  me  that  Mr.  Hungerford  tolls  yon 
there  is  any  thing  in  that  matter,  1  will  hear 
bim. 

Mr.  Hunfierford.  \  can't  toll  what  to  say ;  I 
Iiave  looked  o%f*r  ibe^ct  of  parliament ;  i  have 
it  in  my  hand. 

Just.  Tracy.  I  ask  you,  Whether  you  be- 
lieve there  is  any  thing  in  itP 

Mr.  UuHgerJord.  1  lielieve  there  is  a  great 
deal  to  be  said  for  it.  If  this  man  was  not  in 
disguise,  he  is  not  within  the  act  of  parliament. 
As,  to  the  attempt,  never  certainly  was  any 
thing  more  barbarous  to  that  honourable  per- 
i|oii.  As  to  the  prisoner,  here  hath  been  all  the 
fiurness  human  nature  can  expect.  1  must 
aay,  that  as  to  the  relations,  they  have  had  all 
fbe  kindness  and  indulgence.  Anil  as  to  tbe 
matter,  tliat  is  pro|)er  to  he  mentioned  \%  hen  we 
kave  gone  through  tbe  evidence  on  botb  sides : 
1  beg  leave  to  do  it  very  shortly. 

Just.  Tracy.  Two  things  upon  the  common 
rule  of  construction  :  in  the  re(>etition  of  the 
Vords,  *  or'  doth  not  shew  it  to  be  two  clauses. 

Mr.  Hungerford.  Your  lordship  observes, 
Uiat  the  rule  of  interpreting  all  acta  of  parlia- 
ment is,  that  of  the  preamble,  and  that  of  the 
title.  I  believe  of  late  years  in  the  minutest 
clause  in  an  act  of  parliament  there  is  some- 
thing  of  it  hinted  at  in  tbe  title  itself.*    Your 

*  '*  It  is  said  that  now"  [4  U.  7,  a.  d.  1488,] 
^  first  began  the  custom  of  prefixing  titles  to 
the  statute<i.  (Lord  Raymond,  77.  Hardr.  324. 
Instances  have  however  bei'ore  this  occurred.) 
A  title  is  properly  no  part  of  an  act  of  parlia- 
ment; it  not  being  read  thrt'C  times  as  every 
other  part  of  a  law  is,  and  is  only  projKMed 
when  it  is  to  be  sent  from  one  bouse  of  parlia- 
ment to  the  otlier.  As  arKU*nents  are,  bow* 
ever,  frequently  drawn  tVom  the  title  of  a  sta- 
tute, it  is  to  be  wished  tJiat  there  was  a  little 
more  attention  to  the  settling  of  it.  For  ex- 
ample, who  would  expect  to  find  a  moat  ma- 
terial alteratkm  of  the  statute  of  Distributkma, 
i»ftkff,tb9liU8ofwiiiGbi^  «»AaActiiirthe 


niit  a  tielony  wiibinthiitcl 
ipposing  tbe  mibiia  la  tlwa 
le  go  out  to  fight  witb  satn 
mth  shoot  at  one  analbVi 


lordship  will  ohser?e,  the  title  bare  is, "  AnAot 
of  Parliament,  &c."  My  lord,  it  cant  beiaid, 
there  is  nothing  of  that  caae  provided  for:  if 
this  is  a  case,  tbe  fact  governs ;  tbat  this  maa 
must  be  in  the  clause  or  the  act  of  paiiiameal^ 
that  this  person  did  maliciously  shoot  at,  fe. 
It  seems  the  first  part  of  the  praaoiblB  thM, 
and  tbe  bcdng  in  disguise,  mna  Uiroagb  tbt 
whole:  these  reasons  give  me  some  hope  that 
1  shall  be  -n  tbe  opinion  of  the  Court. 

Again,  in  relation  to  his  majesty's  prodaai- 
tion,  which  notifies  tbe  same  offeaccs  ss  m 
enumerated  in  this  act ;  I  have  here  this  wf 
proclamation  ;  and  it  dotb  not  notify  it  olhsp- 
wise,  than  supposing  being  in  disguise;  thtf  ii 
a  clause  which  governs  the  rest;  and  tbefi^ 
clamation  is  a  rule  for  tbe  act  of  parliaisl 
The  act  of  parliament  goes  no  farther  tlusil 

Sroclamation,  as  to  several  persons  in  di^pmi^ 
ec.  So  in  the  prockimation  there  is  tbnfS- 
pres8ion,  Being  in  disguised  habits,  and  hlidbi 
We  reason,  therefore,  that  no  other  psisn  ii 
supposed  to  be  criminal  here.  But  wbsa«t 
puts  a  case  upon  the  Act  that  carries  <beQ^ 
most  absurdity  along  with  it,  as  so  it  will  k  if 
this  be  allowed,  if  any  pecsoo  that  wilfaUf  f 
maliciously  shoots  at  another  without  bsisfil 
disguise,  is  to  commit  a  tieb 
of  parliament.  Supposing 
exercise,  two  people  go  out  I 
and  pistol,  they  both  shoot  at  one 
neither  is  hurt ;  yet  by  this  act  of  j 
both  of  them  are  ielons. 

Just.  Tracy.  1  don't  think  tbat.  Wkt* 
you  think  of  the  next  clauae,  sending  a  htfff 
without  any  name  subscribed  thereto*  or,  te. 
Mr.  Hungerford.  There  is  this  cirfunMtiM> 
attending  this  noble  lord's  case,  that  be  isaliijft 
and  not  killed  by  this  fact :  and  may  hsUill 
live,  to  pursue  the  noble  purposes  and  vieM 
the  Serjeant  bath  mentioned.  My  lord,  tbiiil 
the  only  thing  1  have  to  offer  on  this  ocoaass. 
Just.  Tracy.  Because  I  knew  1  was  tsbliS 
this  cause  come  before  me,  I  have  had  a  isfil' 
ing  of  my  brethren,  to  have  their  opiBisa  is 

revival  and  continuance  of  several  acts  of  jfU' 
liament,"  (1  Jas.  2,  ch.  17,  §  8).  It  bsroSMi 
indeed  imiiossible,  when  stotutes  relate  to  tu^ 
ters  of  a  very  miscellaneous  nature,  tbat  thi 
title  can  be  co- extensive  with  the  views  of  thi 
legislature :  it  is,  therefore,  to  be  wished,  M 
such  acts  of  parliament  were  distinct  hiws,  aai 
not  thrown  together  in  that  very  strange  sm- 
fusion,  which  hath  now  obtained  tbe  naiwtf 
a  *  hodge-podge'  act.  It  must  be  admiliA 
that  tbe  ancient  statutes  are  much  mora  tasly 
in  this  respect,  than  the  more  modera  osv- 
some  titles  to  acts  are  even  ridicuhms,  as  19ft 
7,  ch.  6,  •'  Pewterers  Walking;'*  1,  find  hM- 
ever  in  the  statutes  of  tbat  year,  piiatsA^ 
Pynson,  tbese  words,  viz.  *  in  tbe  coasf^b 
are  adiled.  Tbe  purport  of  tbia  meX  ii^tofl^ 
vent  tinkers,  who  have  nooertaiu  place  of  iv 
denoe,  from  interfering  with  tba  traiia  ali  ^ 
braaieift  and  pewtema.'*  Baiv.  (M»  «a^ 
p.4*9. 


f^  ihooting  at  Lard  On$l(m* 


A,  D.  1724. 


•  ^«  dAastf  in  tUe  act  or  parliamenl. 
*i   Hffs  of  opinion,   \t  i^  an  entire 
ii«6)f»  Atii)  it  hatl  •* 
f!B(i.%i*  of  bdtig"  in  t[i 


)  to  the 
I  wat 

>e|  but  1 

:i  ID  me 
It  IS  lue  apimon 


Uiii;£  tu  U«ve  tuy  brut! 
Lifu>  It  woukl  \m  )' 
pitiitiff  (urtlinr,  a 

^     If  t»  iudeed ;  1  did  iatimale  it 

a. 

, ,-;  J.  I  humbly  thank  your  lord- 
;  the  judulgeace  you  hnve  giveu  me, 
pMwe  it. 

Vhetkin.  My  lord,  I  he^  lenve  to  tike 

'^9  evitJeDce  that  hath  been  oifurc^, 

^'  ce  that  hath  bcco  maile  un  the  be- 

i-orier;  anrj  as  the  e*ttriistl  hate 

If.  u,^^^  [f 

lu  be  I  tiieu  ed :  but  aincfi   they 

^M  n^Mtetl  it,  and  tfic  matter  it  tio  ^Uin,  the 

nw  fttJiiuh  ypoQ  the  «vi«lenoe;  and  I 

it  standii  u^mn  tlie  kiu^^i  evideocc, 

i  he  oothincr  plainei',  thttn  that  the  de- 

I  IS  gutliy  of  this  wilful  and  mahcious 


^tatule  under  whieh  proaecuLious 

ire  most  iretjut^nlly  carried  on,  in 

9  Ooo.  1,  G.  ^'iy  (comu^ouly  ca)le<J  the 

.Act),  ifthich  euaciia,  that  ''i^  any  |>ersoa 

tr^rviuv  shill  uUfuUv  and  niAhciously  yboo( 

it  toy  {lemuii  ID  any  d^^vlhng  huu^e  or  uihrr 

ybec;  or  ahail  f(»rcildy  reiiciit  aiiv  fteisoti  be* 

laftawfiiUy  io  timtoily  of  any  officer  or  other 

I  t  ;  or  li  any  per^oa  or 

\  i>r  promiae  of  ihooey  or 

Mibject  to  join  hiiD 

i'  tiil  aft;  e**ry  per- 

4  i  I  hereof  lawfully  cod 

'  »^  ff  111  Uy  of  felony,  and 

^  ...  Ueoelit  «i   clerify."     lu 

^'  of  ihi«  bHtieti  of  the  Act,  it 

thtit  tli€  ottenoe  under  couai- 

'latiOD  10  llie  prteedio^  part 

fioioir  the  dcsorifiltoo  of  the 

'  to  '*  pflTBOOaarmod, 

«i  blacked  or  betn^ 

di*^Mi«it*'     Aod  Arnold  vtaa  cun- 

ibr  ahootmg  at  lord   Uotlow^ 

liwl  aot  bia  face  bbboked  nm  w«e 

diegaked  al  the  tttoe ;  Md  tkia  leae 

of  by  all  thr  jiid|C€«.**     BmI*i  PUraa 

i;n»ien,  chap.  3,  §  ^.    ie%  too,  Hawk. 

Or.  kfook  If  c.  ^d,  §  4. 

I  of  Frbrn^  r    ^?'»s.    At  a  raeetiDg 

i|tkt  >  Ij^v  Tr«c;v  ptopoaed 

I  lorit  ^..^..:.;  ^  cflfliz,  which  wea-a 

•^{miDil  tli«  d«fv»dM)l,  ope  Arnold, 

:  ill  httn,  wbaiber  b^  tlie  new  Act 

by  tha  mnw  u*  f>e  m  diHi^uisCf 

I  all  ihe  jedi|ea  b«*^Ui  not,  hit  mi  id,  lor 

bcifvii,  and  il  ia  nonaMise  to 

and  ami*  to  mmHom  s*  lolteri 


ahocktiogr^  M  it  U  laid  io  lb«  iodiotniecit.  < 
tiemen,  now  J  mav  aay  the  fact  hath 
proved  to  you  lo  the  j^-oper  way.  Th<«  act*  I 
the  tnanner  of  ihe  act^  ainl  the  behawioiir  aftee  j 
lite  act :  he  did  behove  himaelf  like  a  lunutic  | 
but  I  muit  fiubmit  it  to  you,  whether  there  iipj 
aoy  ip{H'araoce  in  his  behaviour  hke  a  dia^f 
traded  man,  ao  as  to  have  the  protectioo  urtb«{ 
law,     CknMi  !ia|  he  de^ii^oed  this  act^d 

you  have  <  iiia  eoiniii^;  to  the  witoeaftJ 

to  have  tl»L  ing^T^-,!  khot ;  he  never  iisetl  t4(  I 
call  for  any  but  that  sort  to  kill  rabbits ;  bu% 
now  he  calla  for  the  bi|^(j;i3it  aort ;  he  had  a«| 
diflerent  use  for  it  Ihnn  be  used  to  have.    Th 
preparation  is  vei-y  suitable  to  the  design  ;  aa  | 
thai  time  bis  behaviour  is  as  usual ;  thai  km  J 
calk  lor  the  powder  and  sliot,  aad  pays  for  it, 
in  the  same  proportion  «m  he  uaed  to  do: 
did  not  appear  at  that  time  any  vreat  diaorioir] 
in  his  behaviour ;  as  to  the  fact,  they  that  we 
present  could  tind  he  wna  sullen  '^  he  wentotMJ 
he  look  aim  as  well  as  any  body  oould  ;  anik«| 
his  behaviour  afterwards,  hU  countenauce  wa 
pale  and  Wvid,  which  shews  gudi,  and  thou 
of  reu»or«e,  augferf  and   reren^,     Aa  la  i 
man ^8  case,   upon  their  evidence,  they 
luJule  the  point  very  material,  what  oond 
of  UDiler&tandiug^  and  sanity  of  mind  thi*  i 
had  at  this  time.     1  must  agree  that  a 
that  is  a  madman,  a  lunatic  at   the  lime, 
cannot  in  the  law  be  said  to  be  guilty  of  feloBYwl 
W  hen  I  have  so  far  consented  a$  this,  that  Iwl 
other  side  should  see  it  ia  all  of  a  piece  witkl 
the  usaire  the  prisoner  bath  met  with  ;  but  t| 
mu^it  siibtuit  it  to  ray  lord*e  direction,  whethettl 
they  have  given  any  proof  that  the  man   wa#^ 
at  the  time,  or  before,  a   disordered,  lunati« 
man,  deprived  of  his  senses  by  the  vi.^iitatieii 
of  God   Almighty.     Aitd    as  to  the  rule  of 
jiidi^ing,  it  is  nol,  that  a  man  ^icts  like  a  mad- 
man, and  doth  an  act  that  a  person  in  his  nifbi 
reason  oueht   not   to  do:  no   man   that  kiUfl] 
another  mimtardy,  acts  tike  a  man  in  ihe  i 
of  his  raaittA :  aoimtn  ^bat  oommita  a 
wilful  aiil,  can  say  that  he  acta  with  re 
be  parts  \vith  bis  reason  :  but  consider  wliat  || 
law  says,  that  Ihe  man  that  commits  such 
ad,  ia  muired  by  the  insti^^ition  of  the  devil | 
which  is  brouglit  in  there  to  shew  tfie 
of  the  fact.     And  it  the  man  doth  act  aa  if 
ihe  devil  moved  biro,  and  that  no  man  in  bit 
aenaea  and  right  mind  would  fki  no,  y»tt  muat 
nut  internret  it,  that  every  man  that  actts  thus 
ii  a  mauman ;    then  your  hves  and  forHtoaa 
are  all   at    stake,    and    at    the    mercy  of  m 
wicked  man.     E^try  wickeil  man  acta  by  i 
inaltcious    wilful    will.      TlkcnftV»re    eanaidiv 
Iba  evideuoe  friren  ia  of  this  kind,  and  ycMl 
cannot  blame  them.      I  don^t  blame  thetDf 
here  are.  fiv«  oi  the  rebtions,  two  hroihera, 
two  siaertt,  and  one  fuater-in-law  ;  that  Itiev 
should  come  and  do  all  they  can  to  aaee  llieir 
brother  frooa  ban^in^ :  it  will  lie  a  trouh|«  la 
tbem,  and  a  dtain^aOR.     Notwithitafidintr^  now 
ihcy  siwear  that  they  have  alwayM  Im^kecl  upon 
him  to  bo  lunatic^  and  depriire<l  of  hi"*  senses  | 
it  it  impoesiblis  tabahera  Ihaiii  to  ba  in  etftteil» 


HTi  10  GEORGE  I. 

and  to  hftTe  acted  Kke  boneik  pemmi  them- 
0el?«;  and  the  like  of  Swetman ;  and,  which 
hringi  I  think  nine  or  ten  of  their  witnesses 
nndar  this  consideration,  Is  it  |iossible  that 
these  people  believed  and  thou|^t  what  they 
■ow  swear,  and  they  tell  yon  for  the  years 
they  have  known  of  him ;  and  because  they 
liare  looked  upon  him  as  a  mad,  distracten 
person,  deprived  of  the  nse  of  his  reason  ? 
lione  of  them  have  done  any  things  to  restrain 
this  man,  to  prevent  him  from  doings  any  mis- 
chief ;  and  they  tell  yoo  the  reason  is,  they 
feared  no  ill  of  the  man :  the  account  thev 
liave  given  of  him  is,  that  he  was  an  ontoward, 
wicked  boy ;  and  as  he  grew  up  to  be  a  man, 
he  still  grew  more  wiclwd  ;  so  that  he  rather 
appears  to  have  been  a  wicked  man,  tlian  a 
madman :  consider,  therefore,  if  they  are  to  be 
believed.  He  was  designed  to  be  put  appren- 
tice in  London ;  but  he  ran  away :  they  af* 
tcrwards  put  him  to  a  brewer,  or  mtended  it : 
did  they  tell  the  persons  they  (rat  him  to.  We 
would  have  you  take  him,  he  is  mad  ?  They 
would  have  sent  him  into  Yorkshire ;  the  boy 
would  not  go :  so  that  he  would  not  settle  any 
where.  Is  that  the  sign  of  a  madman  f  No, 
•f  a  naughty,  roving  head ;  and  if  all  your 
•ons  and  servants  are  mad  that  act  thus,  upon 
my  life  you  will  cut  off  a  great  part  of  man- 
kind. Consider  how  they  usetl  him;  they 
have  complained  of  him  as  a  wicked  man,  and 
they  would  put  him  in  terror ;  we  will  make 
yoa  do  so  and  so ;  and  they  did  send  him  for 
a  soldier.  Have  you  heard  that  the  man  was 
discharged  out  of  the  king's  service,  because 
he  was  a  madman  ?  No,  he  ran  away :  nobody 
but  what  is  satisfied  but  that  the  man  had  ca- 
pacity, if  he  bad  had  diligtence,  but  was  an 
idle,  roving  man.  The  provision  made  by  the 
fether,  and  constantly  (wid  him  by  the  son, 
shews  him  to  be  in  his  right  mind :  be  was  a 
•pendtbrift ;  his  money  would  not  last ;  he 
ran  a  score ;  which  shews  him  a  bad  husband  : 
but  is  it  possible,  that  if  the  father  had  looked 
upon  him  as  a  madman,  he  would  not  have 
directed  some  care  to  be  taken  of  him  as  such  ? 
Would  this  brother  that  pays  him  SO/,  a- year, 
and  the  man  remember  the  return  of  the 
period,  as  fiist  as  it  comes?  Did  he  with- bold 
It,  and  say.  You  are  not  fitted  to  be  trusted  ? 
Says  he,  1  want  it ;  therefore  let  me  have  it. 
la  it  not  proper?  Why  if  you  must  have  it, 
give  me  your  receipt,  here  is  your  moncry. 
Would  he  not  reply.  You  are  not  fit  to  be 
trusted  ;  we  will  see  your  taylor,  and  pay  him ; 
we  will  see  your  score,  and  see  you  are  not 
imposed  on?  This  is  proper,  if  a  man  was  void 
af  reason ;  but  as  soon  as  the  quarter  comes, 
he  comes  for  his  money ;  they  pay  him,  and 
take  his  receipt.  Therefore  consider,  gentle- 
men, whether  their  actions  don't  falsify  their 
oath:  they  say,  it  is  a  great  trouble  to  have 
•nch  a  brother ;  we  have  offered  and  eodea* 
Toaredtomakeallthesatisfoction  wecan:  bat 
we  desire  to  save  his  life ;  and  we  cannot  do  it 
by  any  act  but  these  things  which  wa  tmmr^ 
m4  oar  adkms  will  covtradld. 


Trial  of  Edward  Arnold^ 


[748 


It  would  not  becoooe  me  lo  ran  thiooah  the 
particuUr  of  every  witness  %  1  shdl  aoiy  take 
notice,  that  not  one  of  those,  whether  rebtnns, 
or  persons  acquainted,  that  they  aver  applied 
to  any  person  to  have  some  coorsa  taken  wiiii 
him,  as  a  lunatic,  or  a  aiadman.    Yoa  know 
there  are  methods  to  be  used  in  apnagfaad 
fkll,  and  summer  tirn'o :  have  yoo  found  tkat 
this  person  hath  ever  been  let  Mood?  fiatk 
any  thing  been  done  towards  bis  reooveiy?  I 
dontfind  there  hath.    Consider,  geatkM, 
that  these  people  tliat  have  a  brother,  if  they 
wouM  have  it  believed  that  he  is  thna  dspM 
of  his  senses,  whether  they  would  have  Ml 
with  him  as  they  have  done  f 

They  sent  Mr.  Woodward  the  miniilffli 
him  to  reclaim  him,  lo  reform  him  ;  bs  U 
been  abusing  his  sister,  beating  her  will 
stick :  the  parson  comes  lo  him,  admoaiM 
him ;  tells  them  afierwards,  I  havesaid  pnfS 
things  to  him ;  but  be  is  fitter  far  a  docM 
than  for  me.  Did  they  theauelvcs  kim 
this,  and  would  they  not  have  takea  ihi 
hint  ?  No. 

If  in  case  a  man  that  hath  led  a  viekM  ifc 
been  a  aullen,  morose  man,  woaM  cans  bf 
himself,  and  would  liveby  himself,  if  tbUMa 
would  work  himself  to  do  an  ill  aotioa,  thil 
man  is  mad,  and  hath  been  so  for  twelve  ysMi 
though  nobody  can  say  he  was  so  before.  Hi 
looks  otherwise  to-day  than  he  did  yestsnhy; 
and  very  likely  he  may  have  been  instmcHi 
by  his  solicitor  and  friends.  1  dont  impoli 
any  thing  to  any  body ;  but  it  is  a  very  cti- 
venient  art  for  a  vicious  person  to  make  ms  d. 

He  was  alwajrs  left  to  himsdt^  never  eta- 
fined,  or  any  commission  of  lunacy  taken  sik 
The  law  is  now  for  any  justice  of  pesee  l> 
have  power  to  confine  such  a  perssa:  itii 
dangerous  for  all  men ;  it  would  be  to  have  llM 
lives  of  all  persons  in  their  power. 

It  is  very  remarkable,  that  this  man  had  thi 
use  of  a  gun,  roost  of  them  apeak  for  a  gistf 
many  years  last  past ;  he  had  it  in  bia  fatber^ 
time :  it  seems  he  was  e  gpod  markamaa;  ke 
used  to  shoot  rabbits.  The  witnem  ssid  hi 
bought  three  pounds  of  shot  at  a  tioM :  be  hij 
no  gun  of  bis  own ;  the  man  had  the  oiiii 
the  gun  but  at  the  time  when  the  man  bio- 
self  took  it  with  him  when  ha  was  gese  i 
malting.  DouH  you  think  these  were  y^ 
people  to  let  him  do  so,  if  tbey  thought  bio  i 
madman ;  they  would  not  have  trusted  tboi 
arms  for  him  to  have  access  to,  when  ibef 
were  told  that  morning  the  man  was  gooe  ti 
buy  powder  and  ball,  if  they  ktoked  upon  hi* 
as  a  frantic  man  ;  sore  they  ought  to  reuN** 
those  instrumental  of  mischief  oat  of  bisamjt 
so  that  it  ahouki  not  have  been  in  his  pi** 
to  do  what  be  did  do.  The  fact  is  a  queilisB 
yoo  will  take  into  conaideration. 

My  lord,  we  ahall  shew  first  this  «i^ 
exaaiination,  notwithstanding  ha  was  bA^ 
wards  sullen ;  and  as  he  expresma  ilv  Wh^ 
doth  my  lord  send  hu  fools  afler  ma? 

What  is  pot  down  in  writing  ia  whit  ^ 
■hall  UybefiNc  yoar  lordship,  aohmriM^ 

% 


J<^  shooting  ai  Lord  Onih%if, 


A.  0.  1714. 


[730 


.  own  name:  notwithitaDdm^  tbev  would 
f  e  it  that  he  is  entirely  deprived  of  reason, 
or  lordship  will  tind  some;  ieltent  writ  by 
[iBelf,  inking  itotice  of  the  diilJeuUie9  lie 
uoder^  that  the  people  took  bis  clothes 
I  him  ;  it  was  easier  for  him  to  die,  rather 
ftn  Uve  in  such  onhappy  circumstances;  and 
iires  lo  be  broug^hi  lo  his  trial :  this  was 
ring  bis  cou6uement,  and  is  very  proper  for 
ir  consideration;  and  for  these  people  to 
!  to  swear  he  is  a  mad  man,  and  the  man 
I.  look  so  too^  is  very  surpriziog'*  We  will 
ptbis  matter  belbre  you,  together  with  a  wit- 
or  two,  and  shall  submit  the  whole  to 
ur  lord*hip*s  direction* 
"srj.  Whttaker,  My  lord,  I  heg  one  word 
'  of  reply.  They  have  given  some  ac- 
"^  bis  behaviour  since  his  confinement. 
nen»  1  cannot  but  take  notice  of  his  be- 
kariour  at  the  bar,  when  this  man  hatli  l)ecn 
JDoke  to,  whether  he  hath  not  behaved  himself 
B[ft  man  of  sense  would  do  that  had  dune  an 
^pary  ?  and  when  he  was  asked  what  he  had 
^■■■Yt  whether  he  did  not  give  a  rational  and 
Hbiiole  answer?  As  1  lake  it,  be  said  he  was 
^WTV  for  the  til  act  he  had  doae. 

What  can  the  most  rutional  man,  if  he  hath 
Wn  in  ail  ill  act,  say,  after  he  bath  done  it^  but 
be  is  sorry  for  it?  1  believe  every  man  that 
bts  done  an  ill  act,  and  is  sorry  lor  itj  is  a  ra- 
^tl  man. 

Then,  my  lord,  ihey  (^ive  an  account  how  he 
behired  himself  after  this  fact ;  anil  there  hath 
liothint^  been  proved  of  any  remorse,  but  a  sul- 
len behai  iour.     When  Mr.  Allen  was  wiifi  liim, 
biibelmviour  wus  sullen  ;  that  at^rees  with  all 
iccounts  tfial  have  been  given.     Then  we  shall 
^•11  one  witness,  wbr*  will  gi^eyou  an  account 
HV  bti  behaviour  in  the  Morshalsca ;  which  is 
HIllNMhietory  to  two  or  thitse  papers,  which  we 
"    iHall  jE^ive  io  evideoce  ;  What  need  my  lord  to 
"end  liis  fools  after  me,  &o,  ?    For  a  man  to  do 
^is,  sod  then  to  say  he  is  out  of  his  senses  t 

At  to  what  Mr.  Oarby  s^iys,  that  the  man 
*i8  ilways  sullen  when  he  came  lo  talk  with 
'■■ni ;  if  tliis  be  a  proof  of  hin  insanity,  it  is  ra- 
**»cr  a  prciof  that  he  understood  himself  very 
^flli  and  hud  hit  senses  :  there  is  no  reason  to 
■•y  tbal  this  man  was  a  madman,  and  the  Inw 
*ill  excuse  him  from  being  a  criminal.  This 
•*tll  1  shall  troubte  your  lordship  with ;  we 
^iil  call  our  witnesses,  and  then  submit  it  to 
>otir  IfMTilfihip^s  direction. 

Herj.  Comyns.  If  your  lordship  please  to  in- 
dotge  me  a  very  short  word  relating  to  the 
OMistruction  of  litis  act  of  parliament ;  there  is 
110  (bundatioii  of  any  doubt  on  the  construction 
lif  this  id,  and  the  mtent  and  design  of  it. 
Just.  TVoc^.  Another  thing  more  material ; 
was  adjudj^ed  ^o  in  the  Kmg's- bench,  and 
» eolirely  given  up,  thdl  there  was  not  the 
i«t  (b»ubL 

2»trj.  Corny  HI.    My  lord,  therefore  the  thing 

^  be  cofiiMtiert'd  in  ilie  eviilence  \%  wliether  it 

Is  proof  tif  any  offence  within  the  Hords  of 

i  actof  |Nirlitiu)i.'iti  i*  If  this  unhappy  attempt 


believe  it  is  hardly  to  be  imagined  that  any 
evidence  given  here  would  hate  been  thought) 
ijufficieut  ground  lo  have  excuj»ed  the  persoi'" 
guilty  from  the  punishment  of  the  law. 

Then  in  case  (as  now)  he  recovers  of  those 
woutids,  that  creates  a  sort  <tf  tenderoess  and 
compassion,  where  the  conaeqoinioe  is  not  al-^ 
together  so  direful ;  and  that  may  suppose  thi 
person  to  be  regarded  witli  more  tendernci 
ilmo  in  another  case :  but  the  case  is  tlie  same 
in  one  as  in  the  otiier  case  ;  and  therefore  ht 
that  doth  the  act  wilfully  and  maticioujily, 
is  guilty  within  this  act  of  parliament.  If  \ 
person  have  no  mind,  he  can  be  capable  of  nd 
malicious  design  :  therefore  we  humbly  nub*'^ 
mit  that  must  be  the  evidence  to  excuse  ih 
person,  that  he  had  no  malice  or  design  in  Ihi 
attempt  made  on  this  noble  lord  :  but  if  up 
the  evidence  it  appears,  that  he  acted  with  4 
sign,  with  deliberation,  with  sedulity,  and  «!^ 
long,  fixed,  designed  malice,  and  tliere  is  »• 
evitleuce  of  insanity  that  cun  shew  he  had  ni 
malice  lo  excuse  him  ;  tlieu  he  is  guilty  withitf  1 
this  act. 

Serj,  DarneiL  My  lord,  I  am  very  unwiJ4 
ling"  to  take  up  aoy  more  of  your  lordship'g 
time :  1  apprehend,  the  insanity  of  ihe  mai 
must  be  reckoned  at  the  time  he  doth  tlte  fact} 
if  he  hati)  intervals,  and  kills  a  man  in  those  in^ 
tervals,  he  is  as  much  subject  to  the  law  as  anj 
other  man  ;  therefore  taking  it  all  to  be  true 
that  the  man  is  sometimes  out  of  his  senses,  f 
m\\  then  fall  under  this  consid^raiion^  whetbe 
at  tlie  time  that  he  did  this  fact,  it  was  not  ii 
hib  intervals  ?  And  if  so,  he  must  ^^utfer  th 
law.  My  lord,  the  evidence  halh  made  it  ma 
nifest,  that  he  was  in  a  capacity  of  aeliug  thi 
morning,  employed  to  buy  shot,  employed  I 
do  a  work  to  get  money  ;  he  doth  boy  sho 
distioguishes  the  sort  of  shot,  a  bigger  sori 
than  ordinary.  In  the  mornmg  of  that  dayj 
the  people  thought  him  capable  to  be  entrust! 
with  mouey,  and  to  be  employed^  &c.  sure  tho 
people  that  thus  employed  and  entru«^ted  him» 
looked  upon  him  that  day  to  be  in  luii  riffhl 
undersUmding :  taking  that  singly,  if  at  tnal 
time  he  was  rt*ally  in  his  senses,  be  ii  subject 
10  the  law.  My  lord,  it  is  very  odd  to  hear  so 
many  relations  come  into  court,  and  confess 
themselves  guilty  of  the  wickedest  practice  5 
Ihey  say,  Ihey  apprehended  he  would  set  xhm 
house  on  fire,  do  mischief,  and  yet  suffered 
him  to  go  abroad.  Some  say,  they  did  not  fear 
him,  but  they  looked  upon  him  as  a  madman  ; 
therefure  not  to  secure  him,  it  »$  matter  of  cen- 
sure to  all  those  relations,  10  look  upon  hitn  to 
be  mad,  and  yet  take  no  care  to  confine  him, 
or  to  cure  him.  1  don't  finil  one  single  in- 
stance to  assist  htm  with  any  care  for  a  cure ; 
iherelore  we  hope,  on  the  rt^ presentation  of  the 
relations,  this  man  i«  not  t;uch  a  person  as  to  b« 
excused  from  the  law,  I  think  it  is  very  much 
to  be  weighed  in  the  breast  of  the  jnrVt  whe- 
ther this  man  is  not  a  warning  to  ever v  wicked 
cauiion  to  relations,  that  they 


)»erson,  find 

should  have  regard  to  such  a  person.     It  iiil 
went  80  far  as  the  noble  lord  bad  died j  I  j  very  lOrry  account  to  be  ipven,  when  a  ueac 

I 


751}  lOGEOBGE  I. 

ftlfttioo  is  •Oder  then  cireanutMieet,  to  n.y.  It 
it  our  reUtwa  luUb  doae  it,  prmj  doa'i  eeoricC 
hin,  thuttiph  we  have  let  him  go  ehroed  in  the 
world,  though  we  koew  be  was  out  of  kk  eesKs : 
tkie  Mrikee  deep  in  their  own  GOD«iact,  whnt- 
«f  er  he  the  event  of  this  trial.  But  I  think 
tbere  it  sufficient  proof,  that  this  man  shouM 
he  hrooght  in  in  the  faoie  manner  aa  every 
body  elae  »,  that  is  in  his  senses. 

Hr.  Monk,  This  trial  hath  heU  too  kn^  for 
HM  to  aiM  any  thing  to  take  up  more  of  yoor 
lordship's  time ;  I  only  beg  leave  to  take  no- 
tk^y  that  1  think  it  m  very  eztnordinary  in 
these  relations,  that  thev  should  not  take  care, 
when  they  apprehended  him  to  be  mad,  to  se- 
cure him :  I  don't  apprehend  that  he  was  at  a 
distance  from  any  or  them  ;  but  as  to  two  of 
Ike  sisieis,  that  lived  u  the  town  where  thm 
nan  erery  day  came,  in  the  neighbourhood  of 
GnikUbrd,  they  say,  they  lived  there  three 
years,  and  give  several  instances  of  his  insa- 
nity :  it  don't  appear  they  ever  sent  any  person 
to  Dim  to  let  him  blood,  or  to  give  bim  any  ad- 
vice or  physic ;  that  doth  not  only  make  them 
blame- worthy,  but,  I  apprehend,  makes  the  evi- 
dence they  have  given  of  his  insanity  incredible, 
as  coming  from  them,  because  it  is  hardly  credi- 
ble be  siKNild  be  so,  and  they  not  take  that  care 
of  bun  asthey  ought.  They  own  thatthey  knew 
he  used  to  gu  out  a  shooting,  and  had  desperate 
weapons ;  they  never  svnt  any  bmly  that  went 
after  him.  8omc  of  the  witnesses  go  to  repre* 
sent  him  as  incapable  of  any  sensible  actHW, 
fiir  a  great  many  years,  and  therefore  he  is  set 
at  tlie  bar  in  a  figure  different  from  the  rest  of 
mankind :  but  even  here,  when  they  talk  oi  the 
postaire  of  his  carrying  his  gun,  he  says  upoo^ 
that,  he  hath  often  had  hi:*  gun  go  off  in  his 
hand,  but  never  had  the  accident  wfore.  This 
man  they  are  setting  to  the  jury  as  a  man  of 
pity,  oH  compassion,  capable  of  compassion. 
Another  time  he  said,  his  shot  was  rabbit  shot. 
The  behaviour  of  him,  notwitliKlamling  he  is 
set,  and  put  in  that  form,  will  not  have  that 
influence  ii|h>o,  but  that  if  you  are  satisfied  lie 
hath  done  the  fact,  you  will  find  him  guilty. 

8eri.  Cheshire.  1  beg  your  lordship's  leave 
to  call  a  witni'ss  or  two :  "there  is  one  remark- 
able passage  your  lordship  will  hear  ffom  the 
witnrss :  this  was  designeil  a*!  a  recoi^nition  of 
this  fiict,  with  respect  to  my  lord  Onslow,  when 
it  was  finished,  they  had  thrown  the  ink  upon 
it,  instead  of  the  sand ;  says  be.  It  is  an  ugly 
accident,  it  must  be  writ  over  acfain,  you  had 
better  stay  till  it  be  writ  over  again.  I  only 
uffeml  it  as  h  paper  signed  with  these  circum- 
stances, to  shew  bis  behaviour. 

Barwell  Sntiih  sworn. 

Seij.  Chtshirt.  Did  you  see  him  sign  that 
paperf  — AvilA.  Yea,  1  see  him  sign  it. 

tti'ij.  Chethire,  Who  writ  itP 

Smith,  I  writ  it. 

Herj.  Ckitkirt.  I'll  ask  you,  dkl  be  dictate  to 
you,  aayou  writ  it? 

Sinith  I  tMk  U  fiw» biftiBMitky  as  aenriy 
wIcouhL 


Trklo/Edmmrd  Arnold^ 

Scq.CAfliAirs.  Whs*  is  the  import  e 
SmUk,    It  is  a  sute  of  the  case  of 

had  done  to  my  kird  Oaskiw,  and  how 

todgU. 
Sen.  Cheshire.    Yoa  took  it  fairly 


Smith.  I  did ;  it  was  read  to  him  tv 
he  read  it  afterwards. 

Seij.  Cheshire.  Did  he  sign  it  ? 

Smiih.    Yes. 

Seij.  Cheshire.  Yoa  observe  some  ii 
upon  it? 

Smith.  AiW  be  had  aigoed  it,  J  we 
some  sand  upon  it,  and  m  mistake,  I 
the  ink,  and  turned  it  up  instead  of  tlie 

8eij.  Cheshire.  What  did  he  say  ? 

SmiiL  A»  s<»on  as  I  had  done  it. 
Why,  you  have  btoited  it  so  that  it  o 
read,  it  mua  be  writ  over  ^pun :  No,  f 
believe  not,  if  you  think  it  will  sign 
then  saiil.  Fray  do  all  you  can  in  you 
use  your  endeavour  trith  ray  lord  On; 
have 'his  tetters  taken  off,  tor  they  »< 
grievous  to  liim.  There  was  one  of  th< 
in  the  room,  and  I  desired  him  to  tak> 
it  was  his  own  voluntary  deed. 

Serj  Cheshire.  Look  upon  those  pa|i 

Smith.     He  writ  that  letttr,  and  I  g 
my  lord  Onslow  :    I  sat  by  him,  and 
write. 

Seij.  Cheshire.  Look  U|>on  that  olbci 

Smith.    I  did  not  see  liim  «%rite  Lhi». 

Serj.  Cheshire.  You  take  it  lu  be  hi 
writiug  i* 

Smith.  Yes,  I  take  it  to  be  his  hand- 

(The  blotted  Paper  reail.) 

Clerk  reads.  <'£diiard  Aruold,  uov 
Alar^balsea,"  &c. 

Just.  Tracy,  Did  he  put  his  name  tu 
si  If? 

Smith.    Yes,  he  did,  he  desired  lie  m 
was  read  over  to  liim,  aiul  he  said    1  m 
it ;  Yes,  if  you  will,  but  do  not  siiju  it, 
is  any  thing  io  it  that  is  not  vVj^Ui. 
The  Letter  produced,  dated  January  S. 

Smith.  This  1  see  him  write;  h 
himself,  without  my  saviiiif  one  word  t< 

Clerk    reads. *»  To  the  reverend 

Onslow,**  (fee. 

Clerk  reads  the  other  Letter.  «<  My 
to  your  honour  is,  that  you  would  send 
word,  which  way,"  &e. 

Mr.  Coe  sworn. 

Serj.  Chethire.  Sir,  will  you  give  i 
and  the  jury  an  account,  whether  you  v 
him  while  lie  was  a  prisouer  at  any  timt 
his  confinement?  And  what  passed  I 
you?  What  discourse.'*  and  how  you 
bended  hiin  to  he  by  his  behaviour  ?  V 
he  had  the  use  of  his  undersiaiiding,  fbi 
under  such  a  load  of  guilt  ? 

Coe.  1  went,  the  ilay  he  eommil 
fact,  to  see  him,  at  the  house  of  ooncc 
bad  been  up  to  see  iny  lord  Onakiw^aM 
iroHtoaieliiflEu 


fm  iko<4ing  at  Lord  Onshw* 


What  time  WHS  it? 
t«fi  or  el«v«o  o'doi'k:  then, 
l^tiile  iU>uble,  and  did  not  speak 
Dt  the  next  day,  and  he  was 
Fnto  1  rtK>m  ;  be  seexnp<l  under  a  ci}n- 
Ml  not  lunatic  ;  ttnder  a  liorror  of  fjftiilt, 
~  nays  I,  What  could  Induce 

lis  fact?  8ays  he,  My  lord  Onslow 
,  tke  occasion  of  all  the  plagues 
I  hi  the  couulry  :  Who  told  you  su  ? 
people  say  so,  the  very  boys  in  the 
out  of  my  lord  Onslow.     I  asked 
"  ns  several  tunes,  but  it  was  very 
I  ^t  thint^  out  of  him  ;  he  spake 
ttf|  and  you  ask  several  times,  he- 
answer,  and   when  he  did 
raa  always  rational,      lie    would 
lord  Onsloiv,  and  that  he  was  the 
'  all  our  plagDCs  and  troubles,  and 
^vit  devices.     Says  I,  Are  you  not 
ifiVr  death?    Hays  he,  It  is  better 
ito  liv«  ttiiserably,      f   went  to  see 
Kt  da y :    I  asked  him,  Did  you  m- 
Imy  lord  Onslow  ?  He  hwd  a  dream- 
Japeakin^;  Ves,  to  be  sure.    I  itaid, 
J  vou  intend  to  hit  my  lord?    Says 
ft  I  shoot  at  a  rabbiti  1  always  aim  at 

hire.  Did  he  desire  you  to  say  any 
lord? 
rent  ailerwanls  to  see  him,  when 
be  lVlar>thals«*a;  he  was  very  ill ;   I 
Nil,  and  the  man  in  the  bar  brou|(ht 
I  asked  him  if  heciiuld  drink  some 
says  he,  *rhe  white-wine  here  is 
■  my  stomach  ;    then  I  called   for 
k,  and  1)0  had  it.     I  aiiked  him  how  he 
jte  held  down  hia  head,  and  aaid«  In  a 
tin.     I  suid  to  his  keeper,  I  believed 
jlie,  he  should  have  some  care  taken 
» keener  said,  It  waa  cummoo.  The 
kd,  These  irons  are  very  heavy  and 
L  and  aai  down  in  a  chair,  very  ilL 
I  me  to  apeak  to  my  lord,  and*  tell 
was  ironed,  and  they  used  him.     1 
U>  my  bird,  a«id  afU-rwanla  came  to 
lain,  which  was  on  the  29th  of  Oe* 
I  mayor's  day :  I  remember  the 
1  nee  my  lord  mayor,  and  the 
mug  to  \Vt'sUnin«terVv  water.    I 
,  It  is  a  hnrd  case,  that  a  man 
family  should  siiAer  so^  you 
dare  all  that  you  know  ;  it  is  an 
hate  a  iiiau  extempare  ;    if  you 
dy  thai  set  you  upoti  this,  you 
wlio  it  is ;  but  have  a  care  you 
the  innticeQt;  hut  he  never  did 
'It',  but  he  told  me,  1   have 
iH  ill  tltjt  paper  IB  true:   1 
me  the  irut?:,  hut  he  !Mud  at 
>o»low  will  come  licrt  hinj«elf, 
Fbttu  send  oo  more  of  his  fools 

iirt.  Have  yott  any  i>eaaon  to  be- 
pf  waotcd  the  use  of  hia  ui»der< 

I  wtsttt  to  ichod  Mriih  liloi ;  w^ 


were  in  the  same  class  together :  he  was  a 
strange,  sulleo  boy,  such  a  boy  J  never  saw  the 
like  of  him  before,  which  made  me,  when  I  Mi 
school,  that  I  never  spoke  to  him  siticr,  tilt 
about  two  years  ag^o  ;  and  as  I  was  gftinft  up 
the  hill,  1  see  him  have  a  perch  by  the  tail;  l 
asked  bim,  what  he  would  have  for  it,  he  asked 
a  shilttDfir  for  it ;  I  told  htm,  I  would  give  him 
sixpence,  and  a  pint  of  ale :  No,  says  he,  it  m 
honestly  worth  a  Bliilling,  and  a  shilling  I  will 
have. 

8erj,  Cheihirt.  How  long  ago  ia  this? 

Coc,  Christinas  was  two  years. 

8erj.  Cheshire*  Yott  formed  a  notion  of  him 
from  a  school- boy,  that  he  was  a  majicioua, 
surly  fellow  I 

Coe.  1  did  i  I  really  thought,  such  a  temper 
as  he  act  oat  with,  must  produce  such  a  Dian 
as  he  appears  to  be* 

Just.  Ttaey.  He  did  behave  himself  last 
night,  when  he  pleaded,  calmly,  and  as  mucU 
in  his  senses  as  any  body. 

Centlemen  of  the  Jurv^  this  Edward  Arnolda 
this  unhappy  person,  is  Indicted  for  a  great  of- 
ience :  the  law,  on  which  the  inilictment  i^ 
grounded,  is  an  act  of  parliament  that  passed 
the  last  session  of  parliament,  and  is  entitled, 
*  An  Act,-  ScQ.  which  is  confortnaUle  to  the  an- 
cient law  of  this  kini^dom,  but  that  law  hath 
been  discontiuued  ;  if  any  nian  did  assault  ono» 
tiler,  ilmugh  death  did  not  eusue,  it  was  made 
felony,  by  the  ancient  law  of  the  kmgdoui; 
but  tlie  law  is  since  altered,  and  it  waa  uot  sOp 
till  this  act  of  parliament  was  made.  This  is 
to  show  vou,  that  thouj^h  it  is  a  new  law,  it  is 
just,  and  he  that  hath  [8u  in  former  edition^ 
not  if  ihe  reason  of  law  :  all  laws  are  of  equal 
force,  till  repealed,  have  the  same  power,  but 
when  they  are  repealed  they  are  no  further  to 
be  considered.  There  canU  be  a  more  horrid 
and  wicked  thing  intended  in  the  design  of  it^ 
than  tnaliciously  to  si i not  a  man* 

To  prove  t!ii!»  indictment,  they  have  called  & 
great  many  wituesscH:  the  first  witness  they 
call  is  Mr  Flutter.  This  happened  to  be  dona 
on  the  '^Oth  of  Augnst  last,  in  the  parish  of  St. 
Nicholas,  near  Katharine-hill,  as  he  was  cocn« 
iug  from  hunting  with  my  lord  Onslow.  Whea 
they  came  into  a  narrow  lane,  near  Katharine* 
hill,  lie  ^aw  this  man  comtug  toward?*  them,  to 
meet  them,  with  his  gun  in  his  hand,  and  b« 
observed  his  gun  was*  cotiked,  and  he  said  be 
looked  Ml  Mii  him,  and  his  countenance  was 
chaogt  0  ^v4  he  looked  pale,  like  a  man  thai 
had  soi;  e  great  conceru  upon  him  ;  he  ob* 
scrvetl  and  asked  him  the  reason  of  his  carry* 
iog  hi9  gun  in  that  manner  i  but  he  m;ide  no 
au%wt  r,  went  on  cursing  as  Ikj  went,  and  when 
he  passed  them»  he  iiiimciliately  turned  short, 
nhot  my  lord  Onslow,  knocked  him  off  hti 
.  horse,  and  he  Irll  from  his  horse  upou  his  lao<f, 
11ii«i  isMhe  description  he  giv»^  ot  the  fact. 
He  h  then  aitkefl,  Whether  t*ver  the  prisoner 
was  reputed  a  madman,  oi  dt^^tracted,  or  luna- 
tic ?  For  you  arv  to  undersUnd^  that  that  it  th« 
mam  pvint  in  this  ease^  and  what  tbt  prlfoosr 

3  0 


I 


I 


I 


an 
_  he 

■  liii 

■  loi 

■_     Irt 


755]  10  GEORGE  L 

bath  forhis  defence :  &iid  the  vi  itfiefts  sftyi^  Tie  ne* 
rer  heard  of  \m  beini^  maif,  or  hh  ^    '  iMrt«! 

to  be  mail,  or  uttt  of  htn  senses^  n<  lin^f 

he  hves  at  nijililloitl,  mid  this  ijiiiimn  lives 
verv  iieai-  hmi.  At  the  name  tiD>e  he  sny«, 
thii'i  he  knew  very  little  of  bioi ;  so  that  what 
he  says,  as  to  that,  is  not  of  great  weigfht.  I 
told  the  prisoner*  as  atiy  witness  came  to  be 
exafuitjed,  il  be  moM  have  them  asked  any 
queatioD^,  1  would  ask  thenn  for  him  :  iostead 
of  asking  the  i^ituess  a  question,  he  said,  He 
passed  thttl  wray  every  day,  and  he  was  sorry 
for  ^«hat  hils  done. 

Mr,  Pamonsis  the  next  witness :  beaaya  he 
was  very  Ofar  my  lord  Onabw  when  thia  ac- 
cident happened.  He  gives  you  ranch  the 
aame  account  aa  the  other  witness  did^  only 
adds,  that  he  ptesented  his  piece,  took  dtn, 
and  shot  at  my  lord  tlniilow :  The  event  of  the 
iliooljng,  he  describes  in  the  same  maoner  as 
the  other  witness  doth  ;  so  upon  that^  the  man 
wem  on*  and  he  Mlowed  him  ;  the  witness  fol- 
lowed him,  and  told  him,  be  had  killed  my 
lord  Onslow,  and  he  wouhl  he  hangefl  for  h ; 
What,  says  he,  t  shall  not  he  hang^to  day, 
and  he  would  have  charged  again  ;  with  what 
intent  you  ai^  to  judge  of  u|»ori  Ihe  circum- 
stances  of  the  case.  The  pri^imer  wan  brought 
b^ck  to  mv  lord,  and  on  si^rUt  of  him,  my 
Inrd  said,  '('ou  Txltaio,  you  have  killed  me: 
The  witness  thoui^hi  he*  had  a  design  to  fall 
on  my  bid  Outflow  again » that  is  tincertain ; 
his  mm  was  taken  from  him,  but  he  appre* 
henoed  something  of  that  kind,  and  that  he 
intendrd  some  further  mischief  against  my 
lord  Onslow.  He  suid^  When  be  shut,  he  aim- 
ed at  my  lord'*  bead,  but  the  wound  was  only 
in  hifi  shoulder  :  And  the  priiioner  being  asked, 
if  he  had  any  questions  to  ask  this  witness, 
aaid,  Be  did  nut  know  what  to  say.  This 
gentlemnn  saySf  he  never  took  the  jirtsoner  to 
be  a  madman,  hut  a  sullen,  morose  fellow,  and 
he  used  to  go  a  sbootingi  and  a  fishing. 

Another  witness  is  Mr.  Fawks ;  he  soys,  he 
was  tvith  my  lord  Onslow,  and  saw  the  pri* 
toner  coming  up,  and  he  told  Mr.  Farsons,  that 
he  believed  be  had  some  design  agoinfit  him  ; 
for,  not  long  before »  he  liad  taken  a^way  his 
horse,  in  ibe  manner  he  describes.  It  is  not 
matenal  to  run  through  alt  the  pariicnlars,  and 
he  did  not  know,  but  he  had  a  design  upon 
hirn ;  he  looked  very  stem,  and  after  he  liad 
pa^ed  my  lord,  be  immediately  to mcd  r*jnnd, 
and  shot,  as  you  have  beard.  He  was  a5«ked,  how 
he  could  see  at  that  distance,  when  he  wns  be- 
hind r.iy  lord,  m  the  same  track  F  so  that  my 
lord  tnust  be  between  him  and  the  prisoner- 
He  said,  my  lord  and  he  were  in  the  horse- 
track,  and  the  prisoner  was  in  the  fool  way, 
■^hich  WAS  a  liifTerent  tnii!k.     This  witness  is 

ked,  Whether  betook  him  for  a  madman,  or 
a  Innaticf  Clentlemen,  be  says  likeivjse  the 
same  us  the  other  witness,  that  he  alt^ys  wag 
h  ^luly,  a  morose  fellow,  and  did  nnt  care  to 
talk,  but  he  did  not  take  him  to  be  a  madman  ; 
The  prisoner  thm  said,  He  had  often  had  his 
^u  go  off*  iu  bis  hand,  hot  never  had  f  ucfa  an 


TrUl  of  Edward  Amotdp 

accident  before.    When  thii  witaaas  asked  i 
prisoner*  Why  be  did  not  i 
he    had  talked  to   him  al 
with  his  horse,  rather  than  my  hird  < 
be  said,  You  are  an  innocent  rnaa 
The  nen  witness  is  one  Mia.  SetHUl  c 

po«d»iad 

shot ;  and  when  her  daughter  eanae  aad  aMI 
him  what  size  shot  he  would  bare.  Iia  sal^ 
The  bi.:^gest  they  had  ;  but  the  daagmr  enai 
and  told  her  they  had  none  of  that  ia  At 
drawer :  then  she  bid  her  give  tba  < 


No.  2,  which  she  did,  and  he  paid  lier  fbr  h. 
This  witness  tells  yoa^  be  baa  been  a  rm 
good  customer ;   and  that  the  shiH  be  anrfj 


bad  was  another  sort ;  and  he  never  asked  1^ 
or  had t  this  big  sort  before.  That  shewf,gia» 
tlemen,  and  from  whence  tliey  would  tnfcr,  aol 
it  is  lit  for  you  to  consider,  whether  he  badavl 
some  more  than  ordinary  design^  greater  tba 
what  was  usual  whea  he  went  to  Jtill  rablib| 
which  is  a  thing  much  relied  upon  in  theoaoiK 
of  this  trial.  When  he  ia  asked  if  be  will  ok 
this  witness  any  question?  He  says  he 
several  times  bought  shot  of  her ;  and  ibel 
asked  whether  she  took  him  ^  a  madn 
She  says  she  ahvays  lo<ik  him  tol>e  as  i 
by  bis  dealmgs  witb  her  upon  the  accoont  ( 
what  he  bought,  as  any  body;  and  thst  f 
never  had  any  of  the  brggest  ibol  before  : 
tells  you  he  paid  for  it  as  he  used  to  do.  Ai 
this  prisoner  on  this  occasion  owns,  that  bt 
had  olten  bought  of  her  powder  and  ahotffi* 
quently. 

The  next  witness  ts  William  Nmilb:  111 
says  be  met  the  prisoner,  and  the  priso«er 
asiked  him  if  my  lord  Oosiow  went  a  fo:i  linilt« 
iug.  This  witness  was  aakcd  wiiettter  It 
looked  upon  htm  to  be  detracted?  He  silA 
No,  be  never  did.  Sometimes  he  went  ouli 
fishing  with  him  ;  somelifnes  he  wiuild  fi(L 
very  well,  and  sometirueb  not  give  him  a  i 
that  he  was  n  moi-vSe  sullen  man  :  Hesajsl 
was  a  great  iisher,  but  his  tackle  was  strMf; 
a  coarse  gnming  sort  of  tackle ;  ha  wic 
DO  great  artist  at  it ;  and  that  he  oftea  sImH 
rabbits. 

The  next  witness  is  John  i^nrt :  he  says  It 
saw  the  prisoner  the  same  day,  and  he.  asked 
him  if  my  lord  Onslow ^s  bounds  wrre  aiil  • 
bunting?  He  told  him  he  did  not  kiiaw ] 
fell  a  cursing  and  a  damning  my  lord  ( 
and  said,  If  he  saw  him  he  would  slid 
This  was  about  two  stones  throw  fr4 
place  where  this  accident  happened.  He  i 
he  hath  several  tiuies  seen  bioi  a 
with  a  gun,  very  often.  lie  was  asked  wb^ 
tber  be  took  him  to  be  a  madman  T  He  wiidke 
never  talked  much  sense,  and  be  would  fta 
rail,  and  curse,  and  swear  to  himself:  Then  Af 
prisoner  said  himself  be  never  swone;  tk0 
prisoner  observed  it  unon  that  occasioOf  tbatki 
never  swore ;  and  toe  witness  savs  tbat  he 
look  him  that  morning  to  be  in  Urink  ;  sn<^ 
when  he  was  asked,  Whether  be  t<Kik  hini  w 
be  distracted  f  He  sstidi  be  dtd  otA  take  bhn  to 


for  ikooHng  at  Lord  Onslow, 


sober,  be  was  not  ri^bt  in  hlii  senses,  he 

"would  talk  and  swear  so  much  tc^  bimself. 

Tbe  next  witness  is  John  White:     he  says 

t  saw  the  prisorter  thai  day  *   he  says  heheard 

I  t^uD  g^  (iff,  aod  he  caciie  aflerwarda  itito  a 

pblic  houae  where  be  was»  and  the  witness  asked 

I  prisoner  if  he  had  shot  a  rahbit?  HeloUJ  him 

» bad  shot  ocitbing^,  it  v^as  «u!y  to  discharge  his 

ao  :   from  whence  they  make  an  ()t)sei'?aiion 

the  kiug^,    VVhy  should  he  discharge   bis 

tin,  unless  it  was  that  be  might  be  more  sure 

fita  fi^oiii^  off  when  be  chargred  it  again<,  fur 

LniiKOl  be  wet  and  damp  hy  I5  in^  by  ?   That 

lews  his  retison  and  bis  judg-meot,  if  be  did 

it  &hews  it  was  not  the  effect  of  sudden 

;  and  distraction,  hut  a  premeditated  thing, 

dwigo  and  artifice,  and  that  be  tiaij 

^  of  his  Bensea  and  his  reason :    if  that 

ilie  cause  of  his   dischar&rlng  his  gun, 

ong'h  no  reason  is  given  for  it;    and  what 

OQ  could  it  be  ?    for  they  do  not  offer  any 

rcttsonf  unless  it  was  to  secure  it,  that  the  gun 

'  i>utd  1^0  (iff;   for  it  having  remained  charged 

»ine  time  before,  it   may   be   moist,  and  so 

dd  not  go  off :    whether  he  discharged  it  for 

,  f  muKit  leave  ibat  to  you  ;  be  only 

1  he  liad  discharged  it.     This  witness  says^ 

i  was  at  that  time  in  a  very  serine  temfier,  ! 

I  he  never  took  bim  to  be  mad  or  distracted  :  ! 

cunning  in  alJ  bis  dealings  with  him. 

This  witness  was  a  tailor,  and  bad  dealings  witli 

him  as  a  tailor  for  some  t^me ;    he  said  be  paid 

him  very  honestly  aod  well,  hut  he  was  always 

F«ry  bard:    He  says  when  he  was  once  with 

the    prisoner    before   this    accident,   and    the 

Driaoner  asked  bim  what  sort  of  a  man  my 

lord  Oosbw  was,  attd  what  my  laily  On&luw 

Biras  ;  the  witness  gave  tbem  both  a  good  cha  - 

klCtcTi  and  speaking  of  my  lady  that  she  was  a 

Bpiod  woman;    says  the  prisoner.  Why  donU 

Hie  cut  my  lord  Onslow*s  tliroat  ?    He  says 

VEa  ased  to  shoot  rabbits :    and  afterwards  he 

went  to  see  bim  when  be  was  in  the  house  of 

correction,  and  he  asked  him  what  the  peopie 

nud  ;    and  he  said  the  vogue  of  the  people  al 

Guildford  was,  that  be  would  be  hanged  ;  aod 

bii  friends  werti  much  grieved  aod  concerned 

for  bim  :  the  prisoner  said  he  desired  nobody 

abould  be  concerned  for  him.    This  witness 

once  told  him  my  lord  was  dead ;    says  he.  If 

lua  is  dead,  I  can' t  help  it 

Gentlemen,  the  next  witness  ia  Mr.  Allen ; 
mnd  he  tells  you,  ibat  soon  after  this»  fact  was 
done,  the  sarn<i  day  he  ivent  to  bim  to  the 
htume  of  correction,  and  examined  him  ;  anil 
tbftt  be  found  him  in  a  very  sulleu  mood,  and 
Iwiooakd  get  no  thing  out  of  him  a  long  time; 
•I  kksl  with  some  persuasiou  he  expressed  bim* 
adf  lbu« :  1  dooH  trouble  my  lord  Onslow, 
pray  douH  IrouhUj  me.  He  went  again  tbe 
Bexiday,  aod  then  he  asked  bim  several  ques- 
Hwift ;  but  be  ran  00  with  veheaM»ea  against 
my  lord  Onslow,  as  the  author  of  all  tbe 
ittamlts,  dittturbancea,  and  confusions,  and 
wicked  iievicea  that  bad  happened  in  tbe  coun- 
try. This  witoeaa  being  s«ked,  wbetlier  be 
JuAr  d«i:iare(l  thai  be  wu  mmk  atW  thi»  catwni- 


A.  D. 


He  aaid  in  answer  to  that,  that  he 
met  with  the  prisoner's  two  sisters,  who  aMke^l 
him  of  this  matter,  tbcy  asked  bim  if  be  did 
not  believe  their  brother  was  mad  ?  He  said,  it 
was  the  best  thing  they  could  say  for  him,  to 
say  that  he  was  mad ;  he  said  the  prisoner 
henaved  bimself  very  o^ldly,  but  positively  be 
never  dec  In  red  that  he  was  mad  ;  he  told  him 
be  was  willing  to  die,  and  why  did'  they  not 
kill  him?  That  talking  to  bim  further  ol  this 
matter  he  asked  him  if  he  had  any  long  deli* 
berate  intention  to  kill  my  lord  Onslow,  and  if 
he  had  commuoicated  bis  design  to  any  per- 
sons, or  any  persons  had  encouraged  him  in 
it  ?  He  named  two  persotis,  but  tbtsy  were  not 
named  by  the  witness,  becauj^e  it  might  turn  to 
ilieir  prejudice  one  way  or  other  ;  but  it  wat 
asked,  whether  nr  no  tbe^  were  my  k»rd  On- 
slow's friends  or  bis  enemies  ?  He  said,  on  his 
then  further  eodeavouriag  to  tiiul  Oiit  tbe 
botton)  of  the  matter,  on  ihe  prisoii«rr^s  declar- 
ing that  such  persons  bad  set  bim  on  work  » 
the  prisoner  then  intending  to  8ink  back.  Mid, 
bo  would  not  bring  his  friends  into  tr«iahlt« 
These  are  tbe  discourt^es  of  a  prudent  mRD,  m 
oaan  that  hath  the  full  use  of  his  understanding  1 
no  man  talks  in  a  more  reasonable  way  than 
this.  I  told  you  tlie  two  persons  were  not 
named  on  debate;  it  was  determined  the  wit* 
ness  should  not  name  who  those  tvio  persona 
were,  hut  should  declare  wlieiber  they  were 
enemies  or  friends  to  my  lord  Onslow  ;  he  da* 
clared  ihey^  were  my  lord  Onslt>w'i  Kiiier  ene- 
mies. This  witnei»s  gave  yuu  a  loti^  accuunt 
of  this  matter;  he  said  he  ba«l  redut^e^l  it  into 
writing  ;  which  wa^  the  reasim  tlmt  he  so  welt 
rememl>ered  it ;  and  that  made  him  !iu  very 
partifular. 

Upon  this  the  counsel  for  tl^  king  stopped, 
and  lett  the  matter  here.  Then  the  prisoner 
beiug  asked  what  be  b»d  to  say  fur  himself,  he 
was  a  goml  while  he  tore  he  spoke  ;  hut  what 
he  said  was  to  this  purpose  ;  if  be  was  guilty 
of  any  fault,  he  was  sorry  for  it ;  but  be  did 
not  know  what  to  say.  1  bis  is  the  eubstance 
of  what  he  said. 

Then,  gentlemen,  they  have  been  indulged 
with  all  the  favour  as  can  be  ;  and  to  dn  right 
to  this  prosecuti^in,  and  tbe  t  ono-^el  for  the 
king,  because  there  bath  been  an  affidavit  ^wom, 
that  he  is  not  perfect  in  \m  senses,  they  Grave 
liberty  to  anotlier  person  to  call  tbe  witoeasev, 
and  put  what  que^itioiui  they  pleased ;  they 
have  had  all  the  Ikvour  and  iudulgence  ima- 
ginable ;  tlierefore  it  is  tit  t<»  lie  taken  notice 
of.  tor  the  honour  ot  this  pr«isectitioti,  that 
etery  thing  bath  appeared  tiiir  to  the  country, 
anil  they  may  judge  of  it. 

They  have  produced  a  ifreat  many  witnesses : 
the  Arst  is  Nathaniel  Arnold  ;  be  speaks  it 
po!iitively,  and  says  he  know«i  him  Ui  be  a 
madman ;  his  fattier  bad  tri<^l  to  put  bim  ap- 
prentice lu  sever aJ  places,  but  he  would  not 
stay  t  Otice  Ut:  came  to  see  the  witness  at 
London,  byt  he  would  not  stay  ;  then  h«  sent 
him  a  ship-board,  in  order  b  go  mto  Vork^ 
sbire  ^    hut  be  would  notjiUj;  aAef wards  be 


I 


I 


I 


759] 


10  GEORGE  I. 


Trial  ofEdaard  Arnold, 


tn» 


looked  upon  bim  as  an  anaccountaUeniaii ;  and 
his  father  dyion^  he  left  a  reasonable  sobeisteoGe 
to  keep  him  from  starriog,  SO^  a  year ;  and 
that  was  paid  him  qnarterly  by  this  witness: 
Sometimes  be  was  so  distracted  ibat  he  woold 
lay  out  all  night  open  hay-ricks,  thongh  be 
niif^bt  hare  oome  home  and  Jaid  on  a  good 
bed;  that  the  prisoner  lives  by  himself,  but 
bath  no  manner  of  con? euienoe  about  him : 
this  man  expresses  it  in  general,  that  he  belieres 
'  him  to  be  a  madman,  and  always  acted  like  a 
iiiadman  ;  though  he  says  he  was  not  so  much 
a  madman  as  to  be  chained  and  tied  up :  be 
says  be  ner er  had  a  letter  from  him ;  but  he 
could  write,  and  he  wouM  press  him  often  for 
money  as  quarter-day  came. 

The  next  witness  is  another  brother,  William 
Arnold:  he  says  his  brother  was  always  dis- 
tracted, and  not  in  his  senses,  though  not  'al- 
ways in  so  sad  a  condition  as  at  other  times ; 
he  would  curse  and  swear  rery  frec|uently :  In 
his^  father's  time  be  would  curse  bim,  and  call 
Lim  wicked  and  abominable  names,  and  then 
burst  out  into  a  lauffhter. 

He  says  his  fatherleft  him  twenty  pounds  a 
year ;  be  was  always  ready  for  bis  quarterage, 
ibr  be  would  run  a  score,  and  the  people  would 
dunn  him.  He  says,  the  10th  of  July  the 
prisoner  came  to  bis  house  in  London,  and 
told  him  be  could  ne?er  be  easy,  for  my  lord 
Onslow  had  bewitched  him ;  and  he  looked 
wilder  than  he  used  to  look ;  and  be  gave  him 
money  to  go  home. 

And  in  his  father's  time  he  wodd  abuse  bis 
ftUber ;  who,  at  the  request  and  advice  of  bis 
neighbours,  applied  to  the  late  lord  Onslow, 
who  bad  bim  sent  for  a  marine  to  the  Baltic ; 
but  he  did  not  stay,  but  came  home  again: 
And  when  be  misbenaved  himself,  people  would 
tell  him,  my  lord  Onslow  would  send  bim  again 
for  a  soldier.  The  witness  is  asked,  if  be  did 
not  hear  that  he  ever  threatened  the  life  of  my 
lord  Onslow,  or  say  any  thing  he  would  do ; 
lie  tells  you  be  doth  not  know  or  remember 
he  did. 

Another  witness  is  Mary  Arnold  the  wife  of 
Nathaniel  Arnold:  she  says,  she  bath  seen 
him  often  in  great  disorders,  and  bath  seen 
him  distracted ;  she  hath  known  him  several 
years,  and  never  heard  him  speak  six  words  of 
ifense  together.  He  struck  bis  sister  so  dan- 
l^erously  with  a  stick  be  threw  at  her,  that  she 
feared  she  would  have  lost  the  sight  of  one  of 
her  eyes ;  she  reproved  bim,  and  be  laughed 
at  her  for  it :  and  at  table  he  did  not  sit  or  feed 
himself  as  other  people  did:  she  never  heard 
be  hurt  any  body.  About  a  month  before  this 
accident  happened  to  my  lord  Onstow,  the  pri- 
soner came  to  her  bouse  in  a  great  confusion, 
and  told  her  he  was  bewitched  by  my  lord 
Onslow ;  and  be  said  the  imps  danced  in  his 
Toom,  and  he  could  not  lie  in  bis  bed  for  them ; 
and  that  the  devil  did  tempt  bim,  and  the  imps 
stood  by  his  bedside!  that  to  the  best  of  her 
knowledge  she  never  heard  him  say  any  thing 
•boat  my  hml  Ghalow  before,  or  or  the  design 


The  next  witness  is  Eiettwr  AmoM,  bis 
sister:  she  says,  the  prisoner  hath  beea  de- 
tracted for  more  than  seven  yean  ag^  and  ia 
all  that  time  was  not  capable  of  fbrmuigaay 
design:   she  says,  that  the  90th  of  last  An- 
gust  he  came  to  the  parisb-chnreh,  nod  be- 
haved himself  in  such  a  manner  that  tky 
all  talked  of  him  as  if  he  wasadistraefeedpcfso^ 
and  she  contradicto  what  Mr.  Allen  aslid,  sai 
doth  say  that  Mr.  Allen  tdd  her,  after  tba«- 
amination,  which  Mr.  Allen  hath  mentioned  4i 
you,  that  he  was  a  distracted  person  at  tM 
time,  and  that  was  his  opinion ;  that  be  wmM 
Ibr  hours  together  Ulk  nonsense,  end  eutmmi 
swear,  and  he  wouU  give  no  reason  IsrI: 
she  said  he  woold  sometimes  make  a  grsslls 
in  the  pariour  when  no  person  hath  bein  tfei^ 
as  if  he  would  fire  the  house;  she  hath  kiHI 
bim  throw  burning  coals  on  bis  fiitber^  ||bll 
when  he  was  alive,  and  be  would  fall  often  k0 
sodden  fits  of  laughter :   sometiiDea  she  •■ 
afraid  he  would  do  mischief  to  himself;  jftii 
care  is  taken  of  him. 

Another  sister  tells  you,  she  thoogbt  Urn 
distracted  and  mad,  though  not  so  much  aitf 
late:  and  gives  you  several  instanees:  81s 
says  bis  swearing  and  cursing  to  bimsslf,«i 
his  sud«len  fits  of  laughter,  and  his  tMigt^ 
inhuman  creatures,  was  in  a  different  miMiff 
from  what  other  people  did ;  she  noentioBslht 
same  thing  about  his  going  to  the  chnrcb,  ■! 
the  opinion  and  observation  the  people  msJsoi 
his  behaviour,  that  they  couM  not  miaginehrt 
he  was  mad.  This  sister  says,  that  Mr.iDa 
did  tell  her  he  was  distracted  and  mad ;  aadie 
owns  she  was  the  person  that  was  struck  by  Ail 
man ;  and  she  says  she  never  gave  bioi  ssf 
provocation  for  dumg  it. 

Another  witness  is  Gittings :  she  telb  JM 
she  always  took  him  for  a  lunatic,  and  tbiife 
nine  years  past:  he  says  as  the  othsr  ill- 
nesses say,  that  he  would  tslk  to  himself,  »^ 
swear  and  <  •        -•- 

sneaks  as 
time,  and  i 

very  much , ,  -  - 

complained,  that  he  was  plagued  by  my  M 
Onslow  and  his  im|is :  And  in*  May  last  beW 
hurt  his  arms,  and  she  went  to  one  Mr.  Howvs, 
who  was  a  sorgson,  who  applied  h  plaiilerli 
his  arm ;  but  the  next  mornmg,  when  tosM 
came  to  dress  it,  he  had  thrown  the  plaWlerisI 
tbings  about  the  ronm,  and  said  to  the  vi^ 
that  he  would  make  issues  in  his  arm.  Tb9 
he  comphuned  that  Mi .  Waite's  rooks diitdiW 
him  ;  then  after  lie  had  ceased  to  talk  of  IM% 
he  soon  began  again  to  talk  of  my  lord  0^ 
slew's  plaguing  him  day  and  night:  Mie«y> 
she  saw  the  prisoner  m  gaol  the  iSd  of'  Wt 
month  in  tbe  Marshalsea,  and  that  he  wsfil 
great  disorder ;  and  then  she  asked  him  hsv 
he  came  to  do  such  a  wicked  thing?  Aadtfc^ 
he  gave  her  little  or  no  answer  that  sbeciv" 
make  any  thine  of;  and  abe  naked  him  if  ig 
body  bad  aet  him  to  doit,  ami  whefjedB^ 
told   her  it 


V  twe  litOt  biyi^  «M 


Mb*l 


Jqt  shooting  at  Lord  Otu^.  A,  D.  172i-  [T68 

mnd  mi  l«st  he  said,  Damti  Tom  Ooslow,  and 
safd  he  i  ad  bewitched  jjJDi,  and  he  would  go  to 
I  lie  kiri^«  ami  knoiY  the  reasuD  why  my  lord 
Oofitoiv  troublecJ  him  so. 

The  oexi  is  Mary  Morris:  she  say  a  she  al- 
ways thoug'ht  hirn  to  be  mad  by  his  mad  ac- 
tions ;  she  say  a  he  would  curse  aod  swear ; 
and  that  the  Saturday  before  he  shot  my  ford 
Onslow  he  came  to  ibeir  house,  and  talked  aO| 
and  looked  so  wildly,  that  she  was  frig^htene<1 : 
when  he  was  in  prison  she  carried  him  ? ictimlt, 
and  the  gaoler  bid  her  bring  no  bones,  nor 
knife,  for  they  were  afraid  he  would  do  himself 
a  mischief;  then  he  asked  a  boy  thai  was  with 
her,  whether  they  were  pUgued  with  the  hol- 
lies and  bugs,  as  formerly  ? 

The  next  is  Stephen  rachin  :  he  says  thej 
found  him  in  Loosley  lodge,  lying  only  upon 
the  wood,  in  a  morning,  about  two  years  since, 
in  the  spring  of  the  year,  about  teveti  oVloek  in 
the  rnorniiig. 

The  tiext  witness  is  Robert  Dandy  ;  and  ht 
says  htr  al^vays  thought  him  a  crazy  man,  sef- 
dom  in  his  senses ;  he  says  he  bath  tbreatetied 
to  beat  his  father. 

The  next  is  Mary  Swetman,  the  wife  of 

Swetman,  where  he  lodged,  as  bath  been 

obserfed,  for  a  matter  of  fifleen  months,  and 
at  that  time»  she  says,  she  thought  him  a  mad* 
man,  not  iu  his  right  senses.  Oncelbey  could 
not  prevail  upon  him  to  come  into  the  bouse^ 
because  he  had  said,  there  were  ro|^Qes  hid, 
and  he  did  lie  out  that  night.  She  gifca  ^OQ 
the  same  story,  about  the  hamper  of  wioe ; 
and  that  the  prisoner  talked  to  her  husband, 
that  thd^re  was  too  great  familiarity  between 
her  and  my  lord  Onslow.  Hometimea  be 
would  pretf  nd  to  read  in  the  Bible  :  Once  be 
read  in  the  Bible  two  or  three  chapters  ?ery 
well.  Another  time,  being  worse,  she  gate 
him  the  Bible,  and  asked  him  to  read  ;  he  pre- 
tendeil  to  read,  but  rejieated  most  strangv^ 
stuff  as  ever  was  in  the  world :  he  then  talked 
of  my  lord  Onslow  V  plaguing  him.  She  telfi 
you,  that  he  did  not  lie  at  home  that  night  be- 
fore this  accident  happened,  but  was  hoin^ 
soon  in  the  morning;  and  be  went  out,  and 
came  back  :igaJD,  and  then  the  boy  told  him, 
tboi  Mr.  Wiiite  wanted  to  have  his  rahbils 
killrd,  ami  the  boy  juid  he  was  to  go  halves, 
aud  tbe  mother  did  tend  hini  a  shilling  to  hiky 
powder  and  shot  for  that  purpose.  Now  rt 
feema,  the  place  where  I^lr.  Waiters  conies 
are,  i»  near  the  place  where  this  accident  han- 
pened,  so  that  they  would  have  yoit  think^ 
that  this  nowder  and  shot,  which  he  tMOgbt, 
was  to  kill  these  rabbits,  aud  thst  he  was  go- 
ing Ifaat  way  in  order  to  it.  You  will  re- 
tnember  what  was  proved  to  you  about  the  shot, 
that  it  was  not  the  usual  shot  that  he  bought, 
but  a  bigger  son.  He  went  up  llie  lane, 
the  witnetA  tells  you,  towards  the  place  where 
Waiters  conies  were :  soon  after  that,  she 
beard  a  gun  go  oflf,  and  she  thought  he  had 
been  killing  some  of  the  rabbits ;  bat  aoon 
afUr,  she  saw  several  horses,  and  nobody  tipon 
them,  and  aoine  gmitleineiij  and  they  came  and 


•bout  ef ereo  years  old ;  ajid  she  says  he 
ir  ibere  were  great  plagues  in  the  world, 
Vtn  would  be  great  mourning  and  hmen- 
.    These  are  instances  she  gives  of  his 

•  nest  witness  is  Mary  Martin  ;  and  she 
tbii  aba  heard  iiim  declare  that  my  lord 
w  was  in  his  belly  ;  aod  f  think  she  says 
i|ipatnted  a  time  to  go  to  my  lord  Onslow, 
I  was  the  next  morning  i  and  that  he 
d  his  breast  and  cursed  and  swore,  and 
dy  lord  Onslow  was  in  his  bosom,  and  he 

nejHier  eat,  nor  drink,  nor  sleep,  nor  be 

for  him. 

I  neat  witness,  Swetman,  tells  you  that 
jsoiier  was  a  crazy  fellow,  and  not  always 

aenses;  that  he  lodged  at  his  house 
I  moDihs  before  this  accident  happened, 
«re  could  speak  more  particularly  as  to 

!  wilpeas  tdls  yon  that  he  used  to  lend 
ta  gun,  but  he  did  not  lend  it  him  at  this 
but  he  owns  that  the  pHsmier  had  the 
hough  without  his  leave ;  be  liays  he  was 
illy  worse  in  spring  and  fall ;  he  tells  you 
m  prisoner  told  him,  that  my  lord  Onslow 
flught  a  hamper  of  wine  one  night  to  his 
,  and  that  next  morning  he  found  all  the 
I  fxnpty  ;  and  be  said  that  my  lord  On- 
kid  (jeen  there  revelling,  and  making  so 
a  noise  that  he  could  not  be  ai  rest  for 
Tbia  was  half  a  year  before  this  accident 
nad.  He  ^ays  that  he  had  the  gun  to  go 
boot  Mr.  WJite's  conies,  for  which  he 

>  have  sixpence  a-piece ;  and  »he  lane 
my  iiird  Onslow  was  shot,  leads  to  tbe 
fiehl  li'here  Wr  Waife's  conies  were; 
is  made  some  use  of  in  the  course  of  tbii 
lie  aays  he  hatli   beard  him  say  fnr- 

he  would  shoot  my  lord  Onslow  at  the 
race* 

>  oaxt  witness  is  John  Dedmao,  who  says 

RHsoner  is  a  madman  ;  gives  an  ac- 
lift  compliintog  of  m^  lord  Onslow  ; 
ad  a  house,  but  he  fiad  no  beds  or 
in  it ;  he  says,  about  five  or  six  years 
at  bis  sisters  and  maids,  and  he  hath 
I  to  go  and  make  fteace  amon^;  them. 
I  is  one  Richard   Wheatly; 
I  his  barber ;  he  says  be  hath 
_  r»er  these  two  yeara^  and  some- 

le  WHS  afratd  to  shave  him,  he  would  b« 
Bg  all  the  tjine  ;  and  once  he  said  to  the 
t,  Damn  you,  cut  my  throat, 
next  IS  John  Tydic :  he  sayi*  he  is  a  very 
mnof  a  telluw  ;  he  is  asked  what  he 
f  a  crazy  nort  of  a  fellow  ;  he  sav«  he 
I  fiwliiti  expressions  ;  he  hath  heard 
I  boUerovs  and  the  plsgues  plagued 
"^cottfd  not  rest :  He  heard  him 
1 10  the  hamper  of  wme  at  Swet- 
I  wdl  not  reiinat  it. 
ftrxt  witness.  Thomas  Poulter,  anys,  be 
I  took  him  10  he  out  of  las  mind  ;  once 
Metieil  id  kill  him,  about  a  fortnight  be- 
H  ftceideui  happened  to  him,  in  a  Held 
li«  WW  wotiilngy  swearing  and  cunittg ; 


f6S]  10  GEORGE  I. 

msked  her  ibr  some  water  and  brandy,  to  re- 
lieve my  lord  Oaslow  under  hit  miatbrtiioe ; 
and  then  she  came  to  hear,  that  the  gun  that 
went  off,  instead  of  killing  rabbits,  went  off 
aifainst  my  lord  Onslow.  She  says,  she  hath 
heard  him  say,  he  would  kill  roy  lord  Onslow : 
the  says,  he  hath  sonietimee  threatened  to  kill 
ber,  but  yet  did  not  do  her  nay  harm.  They 
think  this  evidence  so  very  nalerial,  that  they 
have  produced  two  witnessM,  that  Sell  you, 
that  they  heard  this  Mary  Swetman  eay  the 
very  same  things  to  them,  as  she  hath  now 
given  in  evidence. 

The  next  is  Mr.  Copeland:  he  says,  he  was 
wiUi  the  prisoner  in^tbe  Marshalsea,  and  then 
he  asked  him.  What  mduced  him  to  do  so  hor- 
rid a  fact?  He  said.  My  lord  On&Iow  had 
bewitched  him :  he  askeil  him,  If  any  body  had 
put  him  upon  it  f  At  first  he  hcsitaied,  but 
afterwards  he  said,  Nobody.  He  was  very  cox^ 
fused,  and  bethought  him  mad. 

The  next  is  Mr.  Darby  ;  he  said,  he  often 
examined  him,  could  get  no  answer  from  him, 
but  said,  My  lord  Onslow  had  bewitched  him, 
and  was  a  trouble  to  him.  This  is  the  evi- 
dence on  behalf  of  tbe  prisoner,  to  show  that 
the  prisoner  is  mad,  and  what  he  did,  as  such, 
is  no  crime ;  and  therefore  no  great  weight 
ought  to  be  laid  upon  it. 

But  by  way  of  reply,  they  have  read  papers 
under  his  own  hand.  Mr.  Barwell  Smith,  he 
was  with  him,  and  he  bath  proved  them  to  be 
bis  haoML  One  paper  is  the  state  of  his  case, 
and  tbe  witness  wnt  it;  but  he  took  it  from  his 
own  mouth,  which  b  the  same  as  if  be  had 
writ  it  himself,  and  the  prisoner  signed  it.  It 
happened  to  be  blotted ;  this  is  mentioned  to 
■how  his  sense,  and  that  he  was  a  man  of  dis- 
tinction ;  says  he.  You  have  blotted  it,  it  can't 
be  read,  it  must  be  writ  over  again :  the  wit- 
nesH  told  him.  No,  it  would  do ;  Well,  if  it  be  so, 
1  will  be  satisfied ;  and  he  desired  the  witness 
to  pray  my  lord  Onslow,  that  his  irons  might 
be  taken  off,  for  they  were  very  grievous  to 
bim.  The  next  paper  is  (here  are  three)  a  let- 
ter writ  with  bis  own  hand  ;  and  here  is  ano- 
ther letter  writ  with  his  own  hand :  both  sides 
agree,  that  the  jury  might  have  tbe  papers  to 
peruse.  lu  this  paper,  he  says,  He  was  excited 
to  this  by and  the^  resentment  he  ex- 
pressed to  my  lonl  Onslow,  proceeded  from 
several  persons  persuading  him,  that  my  lord 
Onslow  was  the  occasion  of  all  his  troubles, 
and  several  persons  came  here,  and  took  the 
advantoue  of  it,  and  told  him,  that  he  was  the 
occasion  of  all  his  troubles :  this  he  g^ves  you 
aa  the  occasion  of  his  great  resentnnent  against 
my  lord  Onslow  :  this  is  as  rational  aa  account 
as  any  mortal  man  can  give.  Then  there  is 
this  letter,  there  he  writes  to  my  lord  Onslow ; 
it  is  directed,  To  the  reverend  lord  Onslow ; 
but  in  the  letter  it  is,  Please  your  honour  to 
take  into  your  consideration,  Ace  and  the  other 
letter  b  much  to  the  same  purpose :  these  yon 
will  have  along  with  yoo. 

Thea  rou  have  Mr  Coe,  and  be  went  to  him 
tbe  day  Ute  iact  waacaanMt|e<I|MMl  atthattiiae 
s 


Triai  f^f  Edward  Arnold^ 


[764 


he  would  say  nothing  to  him :  the  neHday  be 
went  again,  and  then  ho.  said.  My  kwd  Oadiw 
was  the  occasion  of  all  hb  troubm.  Hie  tbini 
dav  he  went,  and  asked  him,  If  be  intended  to 
kin  my  lord  Onslow?  and  be  said,  Te^  Is  be 
sure  ?  Where  dkl  you  intend  to  bit  biia  ?  Ssji 
be.  When  I  shoot  at  a  rabbit,  1  always  aim  at  bii 
head.  He  Went  to  him  again,  wboi  be  wis  b 
the  Marshalsea ;  and  he  was  very  iU ;  and  be 
asked  for  some  while- wine  f9r  bim,  bat  ht 
said,  The  white- wine  was  too  sharp  ibr  bb  ill- 
mach :  and  then  he  called  for  somesackt  vbicb 
he  had;  and  he  held  do\vn  his  '  ~ 
seemed  in  a  bad  condition :  that  he  pn 
to  know  who  set  him  on  work ;  and  he  «iiV 
my  lord  will  come  here  himself,  let  bim;  M 
let  him  not  send  any  more  of  hb  foob  ll* 
me.  Thb  gwtlemau  says,  he  was  bia  Mbdp 
fellow :  he  was  just  of  tbe  same  nature  tbca;  I 
i^ggf^»  dogged,  humountome  fellow,  bni^ 
carwl  to  talk  or  speak  to  any  body ;  he  bint 
the  same  now,  though  he  hath  had  no  coafv* 
sation  with  him  since ;  but  abont  two  wi 
ago,  he  saw  him,  and  he  had  a  fish  in  hb  eiai 
to  sell,  and  he  asked  to  buy  it,  and  oflered  Ua 
sixpence  for  it ;  No,  says  be,  it  b  honestly  mvA 
a  snilling,  and  a  shilling  1  will  have.  Tbiftii 
mentioned,  to  shew  that  be  was  a  man  voy 
sensible,  made  a  very  sensible  answer:  ■» 
man  could  make  a  properer  answer  thao  tbi 
man  did. 

Thb  b  the  evidence  on  both  sides.    Mow  1 
have  laid  it  before  yon  ;  and  yoo  roust  GOBsite 
of  it :  and  the  shootingf  my  lord  Oaslow,«kiik 
is  tbe  fact  for  which  this  prisoner  is  indicted,  ii 
proved  beyond  all  manner  of  coiitradictisii 
out  whether  this  shooting  was  maficions,  thit 
depends  upon  the  sanity  of  the  man.    Tbiths   | 
shot,  and  that  wilfully  [b  proved] :   hot  whs* 
ther  maliciously,  that  Is  the  thing :  that  b  tbP 
question  ;    whether  this  man  hath  the  me^f 
his  reason  and  sense  ?  If  he  was  under  the  nir    , 
tation  of  God,  and  could  not  distinguish  bi-    ; 
tween  good  and  evil,  and  did  not  know  wbst  ht   | 
did,  though  he  committed  the  greatest  oficM 
yet  he  could  not  be  guilty  of  any  offence  sgMB^ 
any  law  whatsoever  ;  for  guilt  arises  firoo  tht 
mind,  and  the  wicked  will  and  intention  ot'  thi    , 
man.    If  a  man  be  deprived  of  hb  rea80D,ii"  j 
consequently  of  hb  intention,  he  caniwtbe  ] 
guilty  ;  ana  if  that  be  tbe  case,  though  be  M 
actually  killed  my  k)rd  Onslow,  he  is  exempt 
from  punishment :  punishment  b  intended  ^ 
example,  and  to   deter    other   person!  fr0|* 
wicked  designs  ;  but  tbe  punishment  of  aBM"" 
roan,  a  person  that  hatli  no  desi^,  can  biv* 
no  example.    This  is  on  one  side.    Go  ^ 
other  side,  we  must  be  very  cautious ;  >t  isii| 
every  frantic  and  idle  humour  of  a  man,  ^ 
will  exempt  him  from  justice,  and  tbe piu^ 
ment  of  the  law.    When  a  man  b  guiuy  v  ' 
great  offence,  it  must  be  very  plain  and  ddft 
before  a  man  b  allowed  aucn  an  exenipn**  t 
therefore  it  is  not  every  kind  of  frantic  bi* 
j  mour  or  something  unaccountable  ia  a  itf>7 
■  actions,  that 
I  maaaaia 


It  pointi  him  oat  to  be 
to  ha  exempted  fraia 


andiaorf' 


Jkir  thooHng  at  Lord  Ondanvt 


A.D.  1*724. 


[766 


be  ft  man  that  is  totally  deprived  of  his 
\admg  and  memory,  and  doth  not 
hat  be  is  doing,  no  more  than  an  infant, 
rute,or  a  wild  beast,  such  a  one  is  ne?er 
!0C  of  punishment ;  therefore  I  must 
to  your  consideration,  whether  the  con- 
iiis  man  was  in,  as  it  is  represented  to 
me  side,  or  the  other,  doth  shew  a  man, 
i¥f  what  he  was  doinsf,  and  was  able  to 
ish  whether  he  was  doinff  good  or  eril, 
erstood  what  he  did :  and  it  is  lo  be  ob- 
tber  admit  he  was  a  lunatic,  and  not 
.  A  man  that  is  an  ideot,  that  is  born 
r  reeovers,  hut  a  lunatic  may,  and  hath 
fals ;  and  they  admit  he  was  a  lunatic, 
t  to  consider  what  he  was  at  this  day, 
*  commiued  this  fact.  There  you  have 
many  circumstances  about  the  buying 
der  and  the  shot;  bis  t^oing  backwara 
ward  :  and  if  yuu  believe  he  was  sensi- 
bad  the  use  of  his  reason,  and  under- 
bat  be  did, then  be  is  not  within  the  ex- 
IS  of  the  law,  but  is  as  subject  to  punish - 
s  any  other  person.*  Gentlemen,  I 
vre  it  to  you. 


hat  kinds  and  degrees  of  privation  or 
ion  of  understanding  shoald  exempt  a 
om  liability  to  legal  puoisbment  are 
N  of  some  nicety.  They  were  oonii- 
a  the  case  of  lord  Ferrers,  a.  d.  17(K). 
particular  the  very  able  speech  of  Mr. 
md  were  admirably  investi^ted  and 
•d  by  tlie  present  lord  Enkme,  in  bis 
oTHadfield,  a.  d.  1800.  See,  too,  the 
'  Bellintrham  at  the  Old  Bailey  in  this 
month  of  May,  1819.  It  is  very  well 
that  a  man  afflicted  by  a  high  decree  of 
NW,  Day  of  privation,  of  understanding, 
t  be  capable  of  assiyciating,  and  may  ao- 
■ftieiate,  in  his  mind,  the  ideas  of  of- 
id  puiiishmciM.  so  that  this  association 
ive  a  powerful  influence  upon  his  con- 
Fhus  in  the  places,  where  such  pitiable 
9  received,  for  the  purposes  of  cure  or 
ody,  severities  arc  exercised  upon 


Then  the  Jury  withdrew  to  consider  of  their 
ferdicty  and  in  a  short  time  returned  again. 

CL  if  iht  Arr.  Gentlemen,  answer  to  your 


Faremam.  Here.    And  so  the  rest. 

CLcftkedrr.  GenUeiBen,are  you  all  agreed 
en  TOur  Terdict  P— %7ttry.  Yce. 

CI.  if  ike  Arr,  Who  shall  say  for  you  ? 

Jury.  Our  Foreman. 

CI.  of  tkt  Arr,  Edward  Arnold,  hold  up  thr 

nd.  (Which  he  did.)  Look  upon  the  |)n- 
sooer,  How  say  von.  Is  Edward  Arnold  Guilty 
of  the  felony  whereof  he  stands  indicted,  or 
NotGiulty^— JWsian.  Guilty. 

CI.  if  the  Arr.  What  goods  or  chft(tels,huidf 
or  tenements  P 

Foreman.  None,  to  oar  kaowledge. 

CI.  of  the  Arr.  Then  bcarktn  to  year  fw- 
dict,  as  the  Court  hath  recorded  it.  Yeu  say 
Edward  Arnold  is  Gnilly  of  the  Meny  whereof 
he  stands  indicted ;  and  that  be  had  not  any 
goods  gr  chattels,  landa  or  teneoients  at  thie 
time  of  the  felony  committed,  nor  at  any  time 
ainoe,  to  your  knowledge ;  and  ao  yeo  aay  aU. 

Whereupon,  he  received  sentence  of  death  ; 
but  at  the  intercession  of  the  right  honourabU 
the  lord  Onslow,  his  execution  was  respited  : 
and  he  oontinaed  a  prisoner  in  the  new  gaol, 
South wark,  upwards  of  thirty  years,  and  warn 
died. 

them  in  the  way  of  punishment,  and  are  fbnod 
to  operate  (not  oiuformi  v,  nor  indeed  constantly  i 
neither  does  the  dread  of  punishment  operate 
uniformly  or  constantly  upon  that  part  of  man* 
kind,  which  is  suffered  to  be  at  large)  in  pre* 
venting  a  repetition  of  offence  by  the  sufierav, 
and  the  commission  of  offence  by  others,  who 
have  been  witnesses  of  those  sufferings.  There 
are  in  the  case  of  the  Attorney  General  v.  FSm- 
ther  some  good  observations  of  lord  Thurlow 
on  the  operation  of  mental  derangement  to 
incapacitate  a  party  from  domg  acts  binding  on 
himself  and  others. 


lla  •-.-■■. 


76TJ 


iO  GEORGE  I. 


Trial  of  the  EaH  ofMtucUffiddt 


466*  The  Trial  of  Thomas  Earl  of  Macclesfield,*  Lord  High 

cellor  of  Great  Britain,  before  the  House  of  Lords,  for  Hij 
Crimes  and  Misdemeanors  in  the  Execution  of  hisOflScef 
10  George  L  a.  d,   1725- 


Tbb  FtEST  Day, — May  6* 

About  eleven  of  tbe  clock,  the  Lords  being 
pea  ted  in  their  Bouse,  the  Managers  for  the 
Bouse  of  Coram 0U8  being  in  the  conTenieDcie* 
made  for  them  at  their  lordships*  bar,  Thomas 
earl  of  Macclesfield,  having  a  atool  jdacetl  for 
,  tiim  within  the  bar,  and  his  counsel,  viz.  I^Ir. 
Serjeant    Probyn,f   Doctor  Sayer,  Mr.  Lin- 

5ard,  cominoti  serjeant  of  the  city  of  Loniloo, 
Ir.  Bobifis,  and  iMr.  Strange 4  atan ding  near 
'  bim  at  tbe  bar,  the  serjeant  at  at'ins  made  pro- 
I  ckmation  as  follows : 

Serj,  at  Arms,  Oye« !  Our  sovereign  lord 
ithe  king  strictly  charges  and  commands  all 
'f  foanner  of  persons  to  keep  silence^  upon  pain 
I  Iftf  im  prison  tneot* 

Then  the  Serjeant  at  arms  again  made  pro- 
'  cltmation  as  follows : 

Scfj,  at  Artns.  Oyez !  Wherea*  a  charge  of 
[  Bt^h  Crimes  and  Miidemeanors  has  been  ex- 
!  Iiibited  by  the  tlou&e  of  Commons  in  the  name 
of  Ihemselves,  and  of  alt  the  Commons  of  Great 
I  Britain,  against  Thomas  carl  of  Macclestietd ; 
'  alt  persons  concerned  are  to  take  notice,  that 
I  )ie  now  stands  upon  his  trial,  and  they  may 
[<»>me  tbrth  in  or4er  to  make  good  the  said 
^Gilarge. 

♦  Lord  Maccletfield  had  in  IflO  succeeded 
r]Boll  at  Chief  Justice  of  the  Queen's- heuch, 
rfroro  which  he  was  removed  to  the  office  of 
r  Lord  Chancellor  in  1718.  He  was  one  of  the 
[managers  in  the  Trial  of  8acheverell,  as  to 
vhich,  see  vol.  15,  p.  1*  Swift  in  his  virulent 
party  pamphlet,  *♦  The  Public  Spirit  of  the 
7 higs/*  Sec,  imputed  to  lord  Macclesfield,  upon 
I  what  foundation  1  know  not,  and  probably 
r6wift  care4  not,  that  he  had  often  drunk  the 
r abdicated  king**  health  npon  his  knees.  At\er 
FSwiFl*sown  conduct  it  required  his  shameless- 
fmess  to  apply  a  charge  of  pnlitlcal  tergiversation 
*  tn  the  reflection  that  *^  transition  is  natural  aod 
frequent." 

As  to  statesmen  who»  having  been  active  in 
the  impeachment  of  others,  were  themselves  af- 
terwards impeache«i,  sc«  a  Nol«  at  the  end  of 
^Gregg*ii  Case,   voL  U,  pp,  1894,   1395,  1396, 
rand  the  duke  of  Wharton's  speech  in  Atler- 
liurv^s  Case,  p.  6Q1,  of  this  volume* 

For  other  proceedings  relative  to  this  Case 
^hich  were  had  in  parliament,  see  the  Eighth 
Volume  of  the  New  Parliamentary  History. 

t  In  1796  a  Justice  of  H.  R. ;  in  1740  Chief 
Baron  of  Exchequer. 
;  In  1736  ^hcitor  General;  in  1750  Mister 


«?I 


Tlien  the  clerk^assistant,  by  direction  of  tho 
Lord  Chief  Justice  King,  Speaker  of  th*  '  ■ 
of  Lords,  read  the  Articles  of  I mpenchn-i 
earl  of  Macclesfield^s  Answer,  and  the  K^plia' 
tion  of  the  House  of  Commons,  as  folloifst   , 

ARTICLES 

ExKrilTED     BV    THE    KnIGHTS,    CiT| 
AND    BURGES$£S    IN    PARLtAMEKT 
SEMBt£D>    IN     THE     HAMS     OF     TttEl^ 
SELVES,  AND  OF  ALL  THE   COMMOKS  Of 

Great     Britaik,    acaidst    Tuomii    j 
£arl   of   Macclesfield    in    Maij^ 

TENANCE      OP    THEIR      iMIPEACIilfiyT 
AGAINST    HIM    FOE  HlCH  CkIMEI   AllV 

Misdemeanour, 

Whereas  the  office  of  Ijord  Chancellor  o^ 
Great  Britain  is  an  office  of  the  highest  Sf* 
nity  and  trust,  upon  the  impartial  and  vmrn- 
nipt  execiition  whereof  the  honour  of  lln 
crown,  and  the  welfare  of  the  subjects  of  lliii 
king«iom  greatly  depend :  And  whereas ThooNl 
earl  of  Macclesfield,  in  or  about  tlie  monlk  sf 
May,  in  the  year  of  our  Lord  1718,  by  the 
great  grace  and  favour  of  his  most  tMOtMt 
mayesty,  was  constituted  and  a|HMiinted  hoti 
Chancellor  of  Great  Britain,  and  did  thereoptt 
take  the  usual  oath  for  the  due  ejteeation  of  nifc 
high  office  ;  whereby  he  did  swear  well  tU 
truly  to  serve  onr  sovereign  lord  the  king,  ifii 
his  people,  {lonr  and  rich,  aAer  the  laws  sad 
usages  of  this  realm,  and  such  other  ottb 
as  liave  been  accustomed ;  and  the  said  Eiri 
continued  in  this  great  office  until  abiit 
the  month  of  Jaonary,  in  the  year  of  •or 
Lrfird,  1724,  and  in  right  thereof  was  entrmccd 
with  the  nomination  and  admission  to  the  of- 
fices of  Masters  of  the  Court  of  CbanocvT, 
which  Masters  of  the  said  Court  are  o^ofrtV 
great  trust  sworn  to  serve  the  kin ff  and  bts  peo- 
ple, and  associated  to  the  Lord  Cliaucellor  for 
his  assistance  in  the  due  admini«trttioo  iff' 
execution  of  justice  in  the  said  Court:  9ti 
whereas  his  majestv,  upon  the  said  Earrshtiar 
appointed  to  the  o£ce  of  Lord  Chancelhir,di4, 
of  his  grace  and  bounty,  bestow  upon  thciAid 
Earl  the  sum  of  14,000/.  or  some  other  grKi 
sum,  and  did  likewise  grant  uuto  George  Pu> 
ker,  esq.  now  commonly  caUe*l  lord  IVrta 
eldefit  son  and  heir  apparent  of  tbe  said  £jiri,i 
yearly  pension  of  1,200/.  payable  out  of  I* 
majesty's  receipt  of  the  Exchequer,  dnringtbe 
joint  lives  of  his  majesty  and  the  said  J^ 
Parker,  determinable  upfin  hiit  majeaty^t  nsak* 
ing  a  ^nt  to  the  said  lord  Parker,  io  w»«»* 
•ioa  of  the  office  of  one  of  the  tellers  of  m  m* 
\ 


^  High  Cnmes  and  Mudemmmn, 


A.D.  1725. 


im 


fH  Exehfqiier,fdr  ilie  lerni  of  hi^  natural 
,  mhkh  office  being  of  the  yearly  valtie  of 
l^c   i/r   upwards,  has  lM?cn  since  granted 
I  fn*festy  tinlf)  lUe  saitl  bfj  Parker  for 
e,  who  III  or  nboni  ihv  nionlb  oK  Ji»Jy,  in 
!  ymrof  our  LorrI  1719,  was  tinly  adnitlted 
"  ihemanje;  anH  the  saif! 

i»f  his  coniinuifig^  Lord 
vM'  ,.i  t^niain^  iti»l  ooi  only  enjoy 
I  KalitrVf  fee*,  anii  pioHts  Monj^iof^f  to 
e,  of  a  very  fprt^ai  annual  Tulne,  hut  o!so 
rtiiu^  t(T  rrc^ivp  un  annual  pvnsion  of 
wUwU  \m  n>i»jf^sty   in  nr  ahnut    Ihe 
of  Juni?,  in  lite  ytar  of  our  LonI  1716» 
ante*!  lo  hini  and  his  a^t^iifDa,  during  ht^ 
l^eMy'tt  Itff? ;    und  <hd  likowist?  rcct^ivf*  from 
►  cfown  a  fiirthrr  nnnnifl  allowance  of  4,(XKJ/- 
tithiT    Bflvufltui^ps:    yet    the  said 
nai  earl   of  'VI.HC.If^Hrltl,  not  heing-  sa* 
1  witJi  this  tttrt.'r  and  ample  revenue,  nor 
[tJinj^  ifie  olfhijrtUon  of  his  oath*  or  the 
Flii^  iiiph  and  ini  >  NcCj  htit  enter- 

'  wicki^d  aod  c'  _;ii!i  and  ?ie»va, 

and  pMcnie  iM  niiiixn  excestite  and 
irhtn   and    profit,    by  divt^r^i  unju$l 
fUtnrr  practirt^  and   methods   herein 
rofiortt'it,  M'hd^t  tie  continued  in  the  said 
Lord  Cbuit<:p|lor»   did  tlleijally,  cor* 
tid  cxtorsivcly  take  and  receir*?  to  his 
vatc  u*jc  the  folloMrin^f,  or  aome  other 
Isoinsof  tuouey.^ 

ARTJCLfi  1, 

at  ItlchanI  Gwlfrey,  esq.  bating^  coti* 

with  %\T  TlMinui«  CJf^ry,   one  of  the 

i9  of  the  Coirri  td'  fhanraiy*  for  the 

and    uurrendtT  of   his  office,  f    at 

r  of  tt.OOOL  or  aome  other  crreit  sum 

tho.     'T-  '    '   M    --tes- 

l  hi'  -    of 

FBritain,  im- .^m.  ....  ai..M.->P.u.  .>t  the 

Richard  Goflfi  i-y  into  the  office  of  one  of 

»lrr»  ot*  ill**  Courl  of  Clirtncery»  did, 

nrof  ho  "iKee  of  L<ntl  Ctiau*:etlor»  iUe- 

Fcorrnptly,  uod  tfxtotsiiely    insiU  npon, 

receive  of  and  from  the  auid  Richard 

;  tbr  iiunt  of  tJIO/.  or  »otne  otb^r  sum  of 

J  for  the  admitting^  him  int^  such  office 

atter  of  the  Court  of  Chaticery,  and  in 

linrot  that  theiaid  Richard  Godfrey  ahouhl 

exercise  and  enjoy  the  same,  which  B»id 

[^oi>cenrm(f  the  sale  of  Offices,  see  Pari. 

'*  for  enahling 

L-'.Hi..,^ ^ Gr**iii  S^al»  to 

^Dtnccof  l>ml  C'ltancedor  or  Lord 
fttui     1  "VVilli.iiii  111  I  >liry,  c.  Q\f)  a 
the  sale  of  the 
,  but  it  was  re- 
),   iHarch  g5,  1689. 
ih  _p  in  Ambrose  Phil - 

il«  oil  t'  t  lord  Cowper,  hy 

lliat  he  — t  ChHoceUor  who 

llhrN*'**  hinh  the  cniiii- 

lel  bad  till  b(&  to  that   high 


office  tnnches 

and  e:tecfition 

Ihe   - 

Lonh:    . 

the  sujd  wRk'jd  and  comt| 

suiince  of  some  other  bar . 


US  the  adininistratio 

I  .1  ilic  said  Court ;  an^ 

LIS  earl  of  Macclestit'Idt  beinjf 

r\  in  pursiiant^e  and  execution  of 

I,  or  in  pur- 

sceQHiniof 


the  same  infamous  and  rot  una  naiufe,  did  ad*_j 
mit  and  ii^e:ir  the  said  Richard  Godfrey  mt 
the  oHice  of  one  of  (he  Ma«i(ers  of  Ihe  aaid 
Cf^urt  of  Chancery,  upon  the  surrender  of  ihe 
said  fiir  Thomas  Gery,  in  breach  and  t iolatioJk 
of  his  oaih  as  Lord  Chancellor,  and  of  the  ^preal 
trii![it  in  him  reposed,  contrary  lo  the  duly  of 
his  office,  and  aj^aioi^t  the  e^ood  add  wholesome 
laws  and  statutes  of  this  realm. 

AirricLE  IL 

That  the  office  of  one  of  the  I^I asters  of  tha 
said  Court  of  Chsncfry  beconiine^  racaot  by 
the  deiith  of  8amuel  Brownini^,  esq.  one  of  the 
late  Masters  of  ibe  baid  Court;  the  said 
Thomas  carl  of  Macclesfield,  whilst  he  con- 
Itttued  Lord  Chancellor  of  Great  Britain,  and 
before  the  ad  mi  ^^si  on  of  James  Lig^htbtjiun,  esq, 
into  the  «aid  office  of  one  of  the  Masters  of  ilie 
Court  of  Chancery,  did,  by  colour  of  his  oftice 
of  Lord  Chancellor,  illegally,  corruptly,  and 
eittor&iTely  insist  upon,  lake  and  receire  af  and 
from  the  said  James  Lii^htbouu  the  sum  of 
6,000/*  or  some  other  ^reai  sum  of  money,  in 
consideration  of,  and  for  the  adiniiiinnf  hito 
into  such  office,  ami  to  the  iittent  tliai  the  said 
James  Ligbtboun  should  hare,  exercite  and 
enjoy  the  same,  which  said  office  touches  and 
concerns  the  »dministration  and  execution  of 
justice  in  the  .<raid  Court ;  and  the  said  Thomas 
earl  of  Macclesfield,  bein^  I^ord  Chanrellor,  m 
pura;uance  and  execution  of  the  s^iid  wicked  »nd 
corrupt  bargraio,  or  in  pursuance  of  someolhef 
bamTn  or  agreement  of  the  same  infamotli 
and  corrupt  nature,  did  admit  ttnd  swear  ihf 
said  James  Lighiboun  into  the  odice  of  one  of 
the  Mast-ers  ot  the  saiti  Court  of  Cliancery,  in 
breach  and  violation  of  hi;!  oalli  as  l^ord  Chan* 
celior,  and  of  the  great  trust  in  him  reposed, 
contrary  to  the  duty  of  his  office,  and  a;;Hitist 
the  goo<l  and  wholesome  lawii  aud  staiuUs  of 
this  realm. 

Article  in. 

That  John  Borref,  esq.  havinf^  contracted 
with  John  Meller,  <sq.  one  of  I  be  Ulasters  of  the 
Court  of  Chancery,  tor  the  purchase  and  sur^ 
render  of  his  said  odice,  at  the  price  of  9,0C>U/,» 
or  some  other  frre;il  vntn  of  inoney ;  the  Msiil 


Thoman  earl 

tinned  Lord  ( 
bf^fore  tl.p  .*']. 
into  iht: 
Court  ol 
fice  of  Lord 
And  eittotsirti 
uf  and  from  ihit 
L57!i/ 
adM, 
ihc 


'"' 'r»jfit.dd,  wliiUt  he  con* 
of  Gr»^t  Britain,  and 

:  the  said  John  Borref* 

ne  of  the  Matters  of  tho 

,  (tfd,  by  colour  «>f  Inn  of- 

1,  illejapilly,  forrupily^ 

upon,  lake  ai^d  receive 

id  John  Borrel  tt  »  ^■M\<\  of 

or  *<\wf^  f»fher  "vm  of  uionrir,  fur  th« 

o  of  a  Masrer  of 

and  to  the  intent 


771J 


10  GEORGE  I. 


TruU  of  the  Earl  of  MacelesfleUf 


[Tit 


cise  and  enjoy  the  fame,  which  laid  office 
touches  and  concerns  the  adminifttration  and 
execution  of  juKiice  in  the  said  Court;  and  the 
said  Tliomas  earl  of  Macclesfield,  beings  Lord 
Chancellor,  in  pursuance  and  execution  of  the 
iaid  wicketl  ami  corrupt  barg^n,  or  iu  pur- 
suance of  some  other  har^in  or  agreement  of 
the  same  iafaoious  and  corrupt  nature,  did  ad- 
mit and  swear  the  said  John  Borret  into  the 
office  of  one  of  the  Masters  of  the  said  Court 
of  Chancery,  upon  tho  surrender  of  the  said 
John  Meller,  in  breach  and  violation  of  his 
oath  as  JiOrd  Chancellor,  and  of  the  great  trust 
in  him  reposed,  coutrary  to  the  duty  of  his  of- 
flce,  and  against  the  g;ood  and  whohiOiDe  laws 
and  statutes  of  this  redlm. 

Article  IV. 

That  Edward  Conway,  esq.  having  contract- 
ed with  John  Orlcbar,  esq.  one  of  the  late 
Masters  of  the  Court  of  Chancery,  for  the 
purchase  and  surrender  of  his  said  office,  at  the 
pnoe  of  CODO/.,  or  some  other  great  sum  of 
money,  the  said  Thomas  earl  of  Macclesfield, 
ti'hilst  be  continued  Lord  Chancellor  of  Great 
Britain,  and  before  the  admission  of  the  said 
Edward  Conway  into  the  office  of  one  of  the 
Masters  of  the  Court  of  Chancery,  did,  by  co- 
lour of  his  office  of  Lord  Chancellor,  illegally, 
corruptly,  and  extorsirely  insist  upon,  take,  and 
receive  of  and  i'rom  the  said  Edward  Conway, 
the  sum  of  1,500/.,  or  some  other  sum  of  mo- 
ney, for  the  admitting  of  him  into  such  office 
of  a  Master  of  the  said  Court  of  Chancery, 
and  to  themtent  that  the  said  Edward  Conway 
should  have,  exercise,  and  enjoy  the  same, 
tvhich  said  office  touches  and  concerns  the  ad- 
ministration and  execution  of  justice  in  the 
faid  Court ;  and  the  said  Thomas  earl  of  Alac- 
clesficld,.  being  Lord  Chancellor,  in  pursuance 
and  execution  of  the  said  wicked  and  corrupt 
bargain,  or  in  pursuance  of  some  other  bargam 
or  agreement  of  the  same  infamous  and  cor- 
rupt nature,  did  admit  and  swear  the  said  Ed- 
ward Conway  into  the  office  of  one  of  the 
Masters  of  tho  said  Court  of  Chanrery,  upon 
the  surrender  of  the  said  John  Orlebar,  in 
breach  and  violation  of  his  oath  as  Lord  Chan- 
rvllor  and  of  tho  great  trust  in  him  reposed, 
fontrary  to  the  dnty  of  hin  office,  and  a^raiust 
the  good  and  nholesouie  laws  and  statutea  of 
this  realm. 

Article  V. 

That  William  Kynaston,  esq.  having  con- 
tracted with  William  Rogers,  esq.  one  of  the 
Blaviers  of  the  Court  of  Chancery,  for  the 
purchase  and  surrender  of  his  said  office,  at  the 
price  of  6,000/.,  or  some  other  great  sum  of 
I'Kmcy,  the  said  Thomas  earl  of  Macclesfield, 
whilst  be  continut>tl  L'ird  Chancellor  of  Great  j 
Britain,  :ind  b(;t'ore  the  admission  of  the  said  > 
U  ifliam  (vynaslnn  into  the  office  of  one  of  the  | 
Mastrrs  of  the  Court  of  Chancery,  did,  by  co-  | 
lour  of  his  office  of  Lord  Chancellor,  illegally,  i 
corruptly,  and  extorsively  iusibt  upon,  t.ik*c,  | 
mud  reccire  of  aad  from  the  aaiu  WiUian 


kynaston,  the  sum  of  1,575/.  or  lonie  other 
sum  of  money,  ibr  the  admitting  him  into  iudi 
office  of  a  >lasler  of  the  said  Court  of  Chan* 
eery,  and  to  the  intent  that  the  aaid  WiUiaa 
Kynaston  should  have,  exerciae,  andoyoy  tht 
same,  which  said  office  toucbet  and  coiwaiif 
the  administration  and  execution  of  justice  in 
the  said  Court;    and  the  aaid  Tbomat  ctriaf 
Macclesfield,  being  Lord  Chancellor,  im  pur- 
suance and  execution  of  the  aaid  wicked  and 
corrupt  bargain,  or  in  pursuance  of  some  olbcr 
bargain  or  agreement  of  the  same  infamoM 
and  corrupt  nature,  did  admit  and  swear  ths 
said  William  Kynaston  into  the  office  of  onstf 
the  Masters  of  the  said  Court  of  Cbaooaji 
upon  the  surrender  of  the  said  William  Rom 
in  breach  and  violation  of  his  oath  as  U 
Chancellor,  and  of  the  great  trust  in  him  w 
posed,  contrary  to  the  duty  of  his  office,  shI 
against  the  good  and  wboJsome  laws  tad  ili* 
tutes  of  thb  reaUn. 

Article  VI. 

That  Thomas  Bennet,  esq.  having  cootnd- 
ed  with  John  Hiccocks,  esq.  one  of  theMailert 
of  the  Court  of  Chancery,  for  the  purchase  isi 
surrender  of  his  said  office,  at  the  price  of 
7,500/.  or  some  other  great  sum  of  monev,  the 
said  Thomas  earl  of  Macclesfield,  wbiw  Iw 
continued  Lord  Chancellor  of  Great  Britain,8i4 
before  the  admission  of  the  said  Thomu  Ben* 
net  into  the  office  of  one  of  the  Masters  of  tht 
said  Court  of  Chancery,  did,  by  colour  of  Ui 
office  of  Lord  Chancellor,  illegally,  Gorro|illy» 
and  extorsively  insist  upon,  take  and  receirerf' 
and  from  the  said  Thomas  Bennet,  the  snm  tf 
1,575/.  or  some  other  sum  of  money,  for  tht 
admitting  him  into  such  office  of  a  Muter  tf 
the  said  Court  of  Chancery,  and  to  the  intesl 
that  the  said  Thomas  Bennet  should  hafe,exa' 
cise  and  ei\joy  the  same,  which  said  offioi 
touches  and  concerns  the  administration  sdA 
execution  of  justice  in  the  said  Court ;  and  ths 
said  Thomas  earl  of  Macclesfield,  being  hod 
Chancellor,  in  pursuance  and  execution  of  thi 
said  wicked  and  corrupt  bargain,  or  iu  puna- 
ance  of  some  other  bai*gain  or  agreement  of  the 
same  infamous  and  corrupt  nature,  did  adisil 
and  swear  the  said  Thomas  Bennet  into  the  of- 
fice of  one  of  the  Masters  of  the  said  Court  of 
Chancery,  upon  the  surrender  of  the  said  Jobs 
Hiccocks,  in  breach  and  violation  of  his  ostb, 
as  Lord  Chancellor,  and  of  the  great  trust  in  bits 
reposed,  contrary  to  tlie  duty  of  his  office,  loA 
agdiiittt  the  gooif  and  wholesome  laws  and  itt- 
tutesof  this  realm. 

Article  VI  L 

That  the  office  of  one  of  the  Masters  of  tbf 
said  C'ourt  of  Chancery,  becommg  vacant  hj 
the  death  of  William  Fellows,  esq.  one  of  tbi 
late.^Ia^ters  of  thesaid  Court,  the  said  ThoiM* 
earl  of  Macclesfield,  whilst  he  continued  Lorti 
Chancellor  of  Great  Britain,  and  before  the  vk' 
mission  of  Francis  Elde,  esq.  into  the  sakl  offioi 
of  one  of  the  Masters  of  the  Court  of  Cbaa- 
eery,  did,  by  colour  of  his  office  of  Lord  Chil*- 


Jhf  High  Crimes  and  Misdemeanors, 


A.  D.  1725. 


[774 


tlJor,  illegalty,  corruptly  nnd  exlomirely  insist 
oo^  Uke  and  receive  rit  anil  iVoni  ilie  sairl 
Frtocis  Eldpj  llie  aum  of  5,250/  or  some  other 
^reat  sain  of  money,  in  consideration  ofaod  for 
llie  admiUmi^  hira  into  such  office  of  a  IVIauier 
of  the  said  Court  of  ChancrrVt  and  to  ibe  rti- 
ient  that  the  said  Francis  Elde  should  have^ 
^cierciue and  enjoy  the  satne,  which  said  office 
cbes  ami  concerns  the  adirifnistratiort  and 
fectition  of  justice  io  the  said  Court ;  and  the 
till  Thomas  earl  of  Macclesfield,  imng  Lord 
Chancellor,  id  pursuance  and  execution  of  the 
id  wicked  and  corrupt  bargain,  or  in  pursu- 
pce  of  some  other  bargain  or  agreement  of  the 
ilnfainous  and  corrupt  nature,  did  admit 
r  the  said  Francis  Elde  into  the  office 
r  of  the  IVfasters  of  the  said  Court  of  Chau- 
in  breach  and  violation  of  his  oath  as 
I^Cbancellor,  aod  of  the  great  trust  id  him 
^  tf,  contrary  to  the  duty  of  his  office,  und 
t  tbegooifand  wholesome  Jaws  and  sta- 
loftbbrealm. 

Article  VI 11, 

That  the  office  of  one  of  the  Musters  of  the 
ttid  Court  of  Chancery  becomiJij^  vacant  by 
the  death  of  John  Borret,  esq.  one  of  the  lale 
Hutera  of  the  said  Court,  who  dtfd  insolvent, 
matly  indebted  to  the  suitors  of  the  said  Court, 
the  said  Thomas  earl  of  Macc1e«Belil,  whilst  he 
continued  Lard  Chancellor  of  Oreai  Britam, 
trtthout  securinjET  a  just  satisfuctioD  to  the  said 
iuitors^  for  tbeirdebts,  and  before  the  admission 
of  Mark  Thurstoui  esq.  into  the  said  office  of 
ooe  of  the  Masters  of  the  Court  of  Chancery, 
did,  by  colour  of  his  office  of  Lord  Chancellor^ 
Mlegpally,  corruptly  and  extorsively  insist  unoo, 
lake  and  reeeive,  of  and  from  the  said  Mark 
Thursloni  the  surii  of  5,250/.  or  some  other 
mat  sura  of  money,  in  consideration  of  and  for 
tbe  admittini^  him  into  such  office  of  a  Master 
of  the  said  Court  of  Chancery «  and  to  the  iu* 
tmcki  that  the  said  Mark  Thurston  should  have, 
cuerd^e  and  enjoy  the  same,  which  said  office 
touches  and  concerns  the  ailminislratiou  and 
exectition  of  justice  in  the  said  Court ;  and  the 
said  Thomas  earl  of  Macclesfield,  lieing  Lord 
Cbaocellor,  in  pursuance  and  execution  of  the 
said  viicked  and  corrupt  barpiin,  or  in  pui-sU' 
0Dce  of  some  other  liarf(ain  or  aqrreeraenl  of  the 
;  infamous  and  corrupt  nature,  did  admit 
arthe  said  Mark  Thursloji  into  theof- 
Pone  of  the  Masters  of  the  said  Court  of 
ancery,  iu  breach  and  violation  of  his  otitb 
(Lord  Chancellor,  and  of  the  great  trust  in 
bim  reposed,  contrary  to  the  duty  of  bis  office, 
_iad  against  ihe  good  and  wholesome  laws  and 
[ii««  of  this  realm. 

Article  IX. 

That  whereas  Tiiomas  Bennet,  esq.  in  or 
about  the  month  of  Au^^ust,  in  the  lOtli  year 
of  bis  majesty  ^s  reig^n,  was  po«se8^  of  an  of-^ 
flee  in  the  Court  of  Chancery,  called  the  Office 
of  Clerk  of  the  Custodies,  for  the  term  of  bis 
life,  by  Tirtue  of  bis  majesty  U  letters  patents 
mder  the  great  seal  of  Gr^t  Britain »  which 


office  is  AD  office  of  trust  in  the  said  CoUrt^  in 
the  ifift  and  di<]H)«;al  of  the  cro4%n  by  ifrant 
undtr  the  g-reat  seal,  and  conctrns  the  writio'jf 
and  making  commissions  lo  enquire  of  ideots 
anil  lunatics,  and  (he  process  thereupon,  antt 
letters  patents  for  the  costOHfy  of  the  Iwjdies  of 
ideots  and  lunatics,  and  the  keeping,  entering^ 
and  transcribing^  orders,  repoiis  and  ticcuuntu 
made  ami  declared  touching  ideots  and  luna- 
tics, and  their  estates  in  the  said  Court  of 
Chancery;  and  the  said  Thomas  Bennet  hav< 
in g' agreed  with  Hugh  Hamersley,  esq.  to  re-^ 
sign  the  said  office,  in  order  to  obtain  his  ma-* 
jesty's  royal  grant  of  the  saiil  office  to  the  said 
El  ugh  Hamersley  I  the  said  Thomas  earl  of 
Macclesfield,  bein^  I  lien  Lord  Chancellor  of 
Great  Britain,  did  refuse  to  permit  or  accept  of 
such  resi ^'-nation,  until  the  said  Thomas  Ben- 
net  had  ajrreed  to  pay  unto  the  said  Thomas 
earl  of  Macdestietd,  or  unto  his  use,  105/.  or 
some  other  sura  of  money,  as  a  consideration 
for  the  same,  and  by  colour  of  his  office  of  Lord 
Chancellor,  did  illegally,  corruptly  and  extor- 
sively  insist  upon,  take  and-  receive,  of  and 
from  the  said  Thomas  lieunet,  the  said  J 05/.  or 
scmie  other  sum  for  and  in  consideration  of  tho 
permitting  and  accepting  such  surrender  of  tha 
said  office,  in  order  to  and  for  the  obtaining  and 
procuring  a  new  grant  of  the  said  office  to  tha 
said  Hugli  Hamersley ;  and  in  [lursuance  there* 
of,  the  said  Thomas  earl  of  Macclesfield,  then 
being  I*ord  Chancellor,  and  one  of  the  lords 
justices  of  this  kingdom,  during  his  majesty *< 
absence,  did  accept,  or  cause  to  be  duly  ac- 
cepted, the  reiiignation  of  the  said  Thomas  BeiH- 
net  of  the  said  office,  and  by  his  interest  and  re-' 
commendation  didoblain  and  procure  his  ma- 
jesty's royal  warrant  for  preparing  and  passing 
nia  majesty's  grant  of  the  said  office,  under  the 
great  seal  U>  the  said  Hugh  Hamersley  for  the 
term  of  his  life,*  which  grant  afterwards,  in  or 
about  the  month  of  September,  in  the  10th  year 
of  his  majesty's  reign,  did  accordingly  pa*Ts  the 
great  seal,  then  in  the  custody  of  the  said  Earl, 
for  which  all  the  usual  and  accustomed  fees 
were  paid,  over  and  besides  the  said  105/*  in 
great  deceit  of  the  crown,  in  breach  and  viola- 
tion of  his  oath  as  lj*iril  Chancellor,  ami  of  tho 
several  great  trusts  then  in  him  reposeil,  con- 
trary to  the  duty  of  his  office,  and  agiiinst  the 
good  and  wholesome  laws  and  statute!  of  thii 
realxD. 

Abticlr  X. 

Tbatthe  said  Thomas  earl  of  Macclesfield 
whilst  he  continued  Lord  Chancellor  of  Great 
Britain,  did  illegally  and  corruptly  ordain, 
name  and  make  divers  other  officers  and  mi- 
n inters  of  his  majesty «  for  gift  anil  brocage,  and 
did  likewise  illegally  and  corruptly  sell  diver* 
other  officeif,  toucbmg  and  concerning  ihc  ad* 
ministration  and  execution  of  justice  in  tha 
Court  of  Chancery,  to  several  persons,  for  di- 
vers great  sums  of  money,  which  the  said  Earl 

*  See  the  case  of  lUx  v,  Samuel  Vaugbtn, 
4  Bfirr.  Si94. 


I 


775] 


10  GEORGE  I. 


Trial  qfthe  Earl  ofMaeelesfieUp 


[T76 


did  receiTe  from  Um  laid  penons  fo#  their  re- 
f  pectire  admisMODS  into  such  offices,  and  be- 
fore they  were  admitted  tfaereunto,  and  id  order 
that  the  said  persoos  should  have,  exercise  and 
ciyoy  the  same,  in  graft  breaeh  of  the  trust  in 
bim  reposed,  and  of  his  oath  as  Lord  Chancel- 
lor,  contrary  to  the  duty  of  his  office,  and 
against  the  Uwm  and  statutes  of  this  reaho. 

Article  Xf. 

That  the  said  Thomas  earl  ef  Haedesfidd, 
whilst  he  continued  in  the  office  of  Lord  Chan- 
cellor of  Great  Britain,  in  order  to  adtanceand 
increase  the  illegal  and  corrupt  gain  arisinip !» 
himself  from  the  sale  and  disuosal  of  the  offices 
of  Masters  of  the  Court  of  Ctiancery ,  in  viola- 
tion of  the  great  trust  reposed  in  him  lor  the 
care  and  protection  of  the  suitors  of  the  said 
Court,  who«e  money  and  pffects  were,  by  orders 
of  the  said  Court,  lodged  in  the  hands  of  the 
Masters  of  the  said  Court  of  Chancery,  did  ad- 
mit several  persons  to  ih«f  saiil  offices  of  Mas> 
ten  of  the  said  Court  of  Chancery,  who,  at  the 
time  of  such  their  adiniasions,  were  of  small 
substance  and  ability,  very  unfit  to  be  trusted 
with  the  great  sums  of  money  and  other  effects 
of  the  huitors  of  the  said  Court,  lodgeil  in  their 
haniU  by  the  orders  of  the  said  Coim ;  and  did 
publicly,  in  open  court,  when  be  sat  there  as 
Lord  Chancellor,  falsely  repr«>seni  the  said  per- 
sons, so  by  him  admitted  to  the  offices  of  Mas- 
ters of  the  said  Court  of  Chancery,  aa  persons 
of  g^reat  fortunes,  and  in  every  re8|iect  quali- 
fied for  the  trust  reposed  in  them,  to  the  mani- 
fest deceit  and  injury  of  the  suitors  of  the  said 
Court. 

Article  XIL 

That  whilst  the  said  Thomas  earl  of  Mac- 
clesfield executed  the  said  office  of  Lord  Chan- 
cellor, an  unjust  and  fraudulent  method  waa 
practiseil  in  the  Court  of  Chancery  upon  tlie  sale 
of  the  offices  of  Masters  of  the  said  Court,  and 
upon  the  admissions  of  new  Mssters,  that  the 
prices  or  sums  of  money  agreed  to  be  paid  for 
the  purchase  of  the  said'offices,  and  for  the  ad- 
missions thereinto,  were  satisfied  and  paid  out 
of  the  monies  and  effects  of  the  suitors  of  the 
Court  depusitnl  iu  the  hands  of  the  respective 
Masters,  surrendvrinijf  their  offices,  or  dying, 
either  by  way  of  retainer  of  the  purchase 
money  iu  the  hands  of  the  Master  resigning,  or 
of  replacing  the  money  disbursed  for  such  pur- 
chase or  admission  hy  the  succeeding  Master, 
out  of  the  money  aud  effects  of  the  suitors  com- 
ing into  his  hands;  by  which  practice  the 
price  and  value  given  upon  the  sale  of  the  said 
offices,  aud  admissions  thereinto,  durinif  the  time 
aforesaid,  were  greatly  advanced,  and  several 
pemons  of  smsll  sbil'ily  and  sul)staoce  were 
encouraged  to  contract  tor  the  said  offices,  upon 
a  prospect  of  the  easy  method  of  paying  for 
the  purchase  of  the  wme,  hy  means  whereof 
great  deficiencies  have  incurred  in  tiie  offices 
of  several  Masters  of  the  said  Court,  admitteil 
by  the  said  Thomas  earl  of  Macclesfield,  which 
they  Lave  not  been  able  to  answer  and  ibaI^ 


good ;  and  although  the  said  praetiee  was  m- 
torious  and  public,  and  the  said  Earl  was  well 
informed  thereof,  and  fully  acquainted  there- 
with, yet  the  said  Thomas  earl  of  MaedasMd, 
in  order  to  increase  his  own  unjust  and  roiinyt 
profit  in  the  selling  the  said  offices,  and  the 
admissions  thereto  (whir.h  in  conseqasnce  sf 
this  evil  practice  was  raised  and  reoetved  by 
him  out  of  the  effects  of  the  sailors,  lor  whom 
be  was  entrusted)  did  not  at  any  time,  wfailit 
he  continued  in  liis  office  of  Lord  dMnceioi^ 
use  or  take  any  measures  to  rdbm  the  mil 
abuse,  or  to  prevent  tbp  same,  either  by  ca«» 
ing  proper  aohed^iles  to  be  ulmn  of  the  noasy 
and  eflfects  of  the  suitors  delivered  orer  all 
tranaferred,  or  by  appointing  any  person,  iaUl 
behalf,  to  inspect  or  supervise  the  transfav 
dehveriea  thereof.  Or  m  anv  other  manavi 
hot  on  the  contrary,  the  aaid  Thomas  eail  il 
Macclesfield,  unjustly,  corruptly,  and  < 


to  the  duty  of  his  said  office  of  Lord  ChanosHff 
(to  whom  the  superintendency  of  the  said  Mai* 
ters,  and  of  their  accounts  did  appertain)  did 
suffer  the  said  fraudulent  practice  to  proceed 
and  be  exercise<l  without  any  controul  orebctk, 
whereby  greaA  embeszlements  hsve  been  msdi 
of  the  suitors'  money  and  efiects,  to  their  gimt 
loss,  in  the  offices  of  several  of  the  MastMSsT 
the  said  Court,  who  have  not  been  able  tasa- 
swer  and  pay  their  res|»ective  balances  ovisf 
upon  their  accounts,  in  breaeh  of  the  trast  ie< 
|MMed  in  bim  for  the  preservation  of  the  eMsM 
and  effects  of  the  suitors,  to  the  dishonour  asd 
discredit  of  the  said  Court,  and  to  the  great  ia- 
jury  and  defrauding  of  the  said  suitors,  in  a 
court  of  equity,  establbhed  for  their  relief  aad 
protection. 

Article  XIII. 

That  Fleetwoo<l  Dormer,  esq.  one  of  ikm 
Masters  of  the  Court  of  Chancery,  having  en- 
bezzled  great  part  of  the  mon'«*y  and  efiecH 
belonging  to  the  suitors  of  the  said  Court,  widi 
which  he  was  entrusteil  by  the  said  Court,  aad 
disposed  of  the  same  for  his  own  private  advai- 
tage,  by  means  where^if  there  became,  and  stiH 
continues  a  great  deficiency  in  that  office,  t» 
the  amount  of  25,000/.,  or  some  other  gvasi 
sum  ;  and  the  said  Fleetwood  Dormer,  baviag 
absconded,  uiid  for  some  time  absented  bimseUv 
application  was  made  to  the  said  earl  of  Mac- 
clesfield, then  Lfinl  Chancellor  of  Great  Bri« 
Uiu,  to  secure  the  person  of  the  said  Fleetwood 
Dormer,  and  to  take  proper  methods  for  com* 
polling  the  said  Fleetwood  Doraner  to  make 
satisfaction  to  the  suitors  for  the  money  and 
etfecu  which  he  had  sd  embezzled,  yet  the  said 
Earl,  from  an  a|»preiien«iion  that  a  public  dia^ 
covery  of  the  said  defiiriency  might  lessen  the 
unjust  gain  lie  proposed  to  make  to  himself,  by 
selling   aud   disposing  of  the  said  offices  of 
Masters  of  the  said  Court,  ne.:lected  andde^ 
dined  cither  to  secure  the  penum  of  the  sai^ 
Fleetwood  Dormer,  and  his  esUte  and  cftol% 
or  to  make  a  pro|)er  enquiry  into  the  said  deft- 
oiency :  but,  on  the  contrary,  the  aaid  JS«I| 
whilst  hn  oontinned  Lord  Cbnnodlor  of  ~ 


for  High  Crimes  and  Misdemeanors. 


A.  D.  1725, 


C778 


Britaiti,  did  endeavour,  by  nmny  mdirect  prac- 
,  ii»  conceal  from  the  suitors  of  the  Court 
» true  state  and  comJiiion  of  the  said  office^ 
lirdl  tvith  respect  to  the  effects  of  tbc  ««id 
■tiirood  Dormer,  us  to  the  debt  due  from 
lt»e  suitors  of  the  Court ;  and  upon  mo- 
1  made  io  tlie  said  Court  of  Chancery  (al\ef 
said  Earl  knew  that  the  Mid  Fleetnotn! 
'  h>id  &o  Absconded)  on  behalf  of  ftome  of 
» syflors  of  the  Court,  to  have  tjieir  tflects 
wftrred  from  the  said  Fleetwood  Dormer  to 
other  MH'iter,  for  the  better  securing 
eol",  the  said  carl  of  Macclesllchlj  (in  order 
etude  the  suitors  of  the  aaid  Court  loto  a 
that  thdr  effects  were  safe,  and  thereby 
CTeut  a  public  ciiquir)')  then  sitlinjr  as  Lord 
ineeMor  in  open  court,  did  say,  That  the 
pAitica  nretl  not  be  io  baste;  and  did  at 
!  same  time  fafsely  and  deceitfully  declare, 
"that  the  said  Fleetwood  Dormer  was  ouly  gfone 
take  tlie  air  iu  the  country,  and  tlmt  he 
iikt  return  id  a  titUe  time,  and  alt  would  be 
,  or  to  ihateHecl. 

Aeticle  XIV. 

Iiftt  the  said  Fleetwood  Dormer,  liaTing^  to* 

miiM'action  oH'  the  suitors  of  the%aid 

ttrl,  assisfned  to  Henry   Bdvrards^  esq,  fwho 

'!<!  him  iu  bis  office  of  Master  ot  the 

I  Court  uf  Chancery)  a  debt  of  2t,046/,  4r., 

^me  other  great  sum,  due  fmra  William 

D,  a  banker,  to  the  said  Fleetwood  Dor- 

r,  Io  the  itrient  that  the  money  re c fifed  on 

'""  Itberefif  should  be apptird  and  disposed 

p  said  Court  of  Chancery  should  order 

eet,  the  saiil  Thomas  earl  of  Maccles- 

h\t  nbilst  he  conimupd  LonI  Chimcellor  of 

It  Hrituin,  for  the  unlawful  purposes  tifore. 

d,  H  ithom  rcifard  to  the  intt- rest  of  the  said 

«,  by  colour  of  bis  offict- ,  did  in  an  unwar- 

de,  clandestine,  and  iinasual  manner,  au- 

direct,  and  establish  a  precarious  and 

J  CQmpo*iition  with  the  said  William  Wil- 

,  ujKm  the  terms  of  the  said  W  Hliam  Wil. 

I's  payin*  |Jie  sum  of  1,463/.  ^«.  l;^..  and 

igninif  10,000/.,  part  of  a  debt  of  22,0<>0/. 

bd.,  prt>tenfle<l  Io  be  dite  to  the  saiil  Wil- 

Wilsou  from  Edwanl  Poulter,  or  to  ihat 

Ct,  in  discharge  of  the  aaid  debt ;  and  to  iliat 

d,  upon  the  rtport  of  Jolm   Hictocks,  esq. 

one  of  tbc  Masters  of  the  aaid  Court, 

bout  any  attendance  onlert'd  or  hnd  there - 

n,  and  withuut  notice  lo  ihe  said  suitors,  did, 

ft  privite  ordi  r  not  modo  in  open  court,  onlpr 

isabJ  Hen^y  E<lwards»to  accept  of  the  said 

Uposiiioit,  iu  full  ilischart^e  uf  the  said  debt, 

*aid    Edward   Poulter  was  a  person  in- 

nt,  and  has  since  absconded  for  dpbt,  and 

or  but  a  very  small   part  of  the  said 

lOOU/*  has  been,  or  is  ever  likely  to  be  re - 

Abticli  XV. 

rhftt  the  aaid  Thomas  earl  of  Macclesfield, 

St  be  continue*!  l>ord  Chancellor  of  Great 

ilaii*,  to  carry  on  his  corrupt  and  unjust  pnr- 

f  And  to  cmicdfti  the  delicrency  that  was  rn 


the  office  of  the  said  Fleetwood  l>nrmef,did,  in 
or  about  the  month  of  February,  in  the  year  uf 
our  Lord  1750,  order  the  sereral  Masleis  of 
the  said  Cmut  of  Chancery  to  briug-  in  their  ac- 
counts of  the  cash,  effects,  and  securities  in 
their  bands  belong-injj  to  the  suitors  of  tbft 
Cuurt,  not  nith  a  desiirn  of  examining  their  ac- 
counts, or  securing  the  estate  and  effects  of  th^ 
suitors,  but  wilh  an  intent  to  terrify  the  said 
Masters,  and  thereby  obligee  them  to  contri* 
bute  K-reat  sums  of  money  towards  axjswerin|f 
the  demands  tliat  should  from  lime  to  lime  b6 
made  upon  the  said  ofiice ;  for  which  puit>os6 
he  the  said  Earl  drd  at  several  limes  represent, 
or  cause  to  be  represented  to  the  said  1\] asters^ 
that  if  they  refused  so  to  do,  the  money  and 
effects  of  the  suitors  would  be  taken  out  of  their 
hands,  amJ  the  said  Masters  deprived  of  making 
any  profit  of  the  same;*  by  which  practices 
the  saiil  Earl,  beinif  then  lAitd  Chancellor  of 
Great  Britain,  by  colour  of  his  authority,  did 
pe!n*itade  and  induce  nine  of  the  Muj»ters'of  the 
said  Court  of  Cbaucery,  to  yny  500/,  eiich  for 
the  piJr(>ose«  aforesnid.'aei'eval  of  h  bom  paid 
the  same  out  of  the  money  or  eftects*  of  the 
suitors  in  their  bands ;  but  after  such  pay- 
metits,  the  said  Thomas  earl  of  Micdestieid 
did  not  oblige  the  said  Masfers  to  deliver  in 
ihetr  accounts  in  pursuance  uf  such  bis  said 
order* 

AaTtcLE  XV  r* 

That  Elizabeth  Chlttv,  widow,  hatingr  ob- 
tained an  order  of  the  tourt  of  Chancery*  on 
w  about  the  17tli  day  uf  ]\larcb,  in  the  lOtli 
year  of  his  present  mojesty^s  reij^^n,  made  by 
the  said  Thomaa  earl  of^Macclesfidil,  then 
Lord  Chancellor  whereby  Henry  EvI wards, 
esq*  one  of  thti  Masters  of  the  sa'id  t)ouri  of 
Chancery,  who  succeeded  Fleetwood  Dormer, 
esq.  in  the  said  oHice,  was  orderi^d  to  pay  liec 
the  sum  of  a,O0O/.  part  of  the  sum  of  10*000/. 
ur  other  great  tsum  of  inont'y,  ft>rmerl}  paid 
into  the  hand^  of  the  said  Fleetwmirl  Durmer, 
as  a  Master  of  the  said  Coufl,  and  by  the  said 
order  mentioned  to  be  then  in  the  hunds  of  the 
Kiii«1  Hi^nry  Eil wards;  aud  the  i-aiil  Htiury 
Ed wHrds  fMrnipIainin^  to  the  said  Ear),  thai 
the  mukins^  unlers  upon  him  to  pay  money 
which  had  been  received  by  tlie  said  FI«*Llwood 
Diirmpr,  was  a  vpry  jfreat  burdship  upon  bim 
Ihe  Muid  Henry  Edwards,  in  re;^ard  he  bad  not 
any  muney  or  effecU  in  hi^  It^uds  to  answer 
SMt'h  deuiundu  ;  ibe  siiid  pari  of  Macclrsfield, 
beiikg^  then  Ijort)  Chancellor,  in  furthi^r  prose- 

*  As  to  tbi?  pracrice  by  public  officers  of 
mn kin*?  interest  of  money,  of  which  the  ctJS» 
tody  Is  eulrusttrd  to  them,  a«  sucli  officers,  see 
the"  statutes  22  Geo.  S,  c.  81,  23  Geo.  3,  c.  50, 
aud  the  debates  which  took  place  dnnu^  their 
pro^ifi'css  through  tlie  Houses  of  Parliament, 
the  Case  %}i  L'ird  Melfille,  a.  d.  1800,  aud  the 
debate  in  the  House  of  Commonn  on  Juni! 
19tli,  18 IS.  8ee.  ioo,  some  debates  which  oc- 
cui  retl  in  that  House  concerning  the  buaine 
ofMi'Ssrs*  Powell  and  Hcmbndge^  a.  o.  1785. 


779J 


10  GEOllGE  I. 


Tritd  qflhe  Earl  ofMacdegfidd, 


[7S0 


cutioD  of  his  unjast  and  corrupt  purpoies,  did, 
by  colour  of  his  authority,  endeavour  to  pre- 
Tail  with  the  Masters  of  the  said  Court  of 
Chancery,  to  raise  the  said  sum  of  1,000/.  out 
of  their  effects,  by  rcprescotiuf^  to  them,  that 
a  discovery  of  the  de6oiency  in  the  said  office 
mij^ht  occasion  a  parliamentary  or  public  en  - 
quiry  into  the  nature  aud  condition  of  their 
offices,  aud  hazani  the  forieiture  of  the  same, 
by  reason  of  their  having  bought  the  said 
offices,  contrary  to.  law,  which  the  said  Earl 
then  declared  would  affect  him,  but  themselves 
much  more,  or  to  that  effect ;  bvt  the  said 
Masters  refusing  to  raise  the  said  sum  of 
1,000/.  the  said  earl  of  Macclesfield  did  order 
his  secretary,  Peter  Cottingham,  esq.  to  pay 
the  said  1,000/. ;  who  in  pursoance  of  the  said 
Earl's  directions,  in  or  about  the  month  of 
JulVf  1724,  did  pay  the  same  to  Ascan  Chris- 
topher Lochman,  for  the  use  of  the  said  Eli- 
Kaoeth  Chitty ;  and  the  said  earl  of  Maccles- 
field, upon  application  made  to  him  by  the 
said  Ascan  Christopher  Lochman  for  payment 
of  tiie  said  money,  did  acquaint  him,  that  he, 
the  said  Earl,  had  given  directions  to  his  secre- 
tary for  payment  of  that  sum;  but  at  the 
same  time  dechired  to  the  said  Ascan  Christo- 
pher Lochman,  that  he,  the  said  Earl,  believed 
this  would  be  the  last  |)ayment  she  was  like  to 
receive  cut  of  the  said  money  paid  into  the 
hands  of  the  said  Fleetwood  Dormer,  for  the 
residue  thereof  was  in  gi-cat  danger  of  beiug 
lost,  by  reason  of  the  deficiency  in  the  effects 
of  tho  said  Fleetwood  Dormer,  or  to  that  effect. 
Notwithstanding  all  which  proceedings,  m 
this  and  severalother  Articles  mentioned,  upon 
a  motion  made  in  the  Court  of  Chancery  be- 
fore the  said  Thomas  earl  of  Macclesfield,  then 
Lord  Chancellor,  on  or  about  the  5th  day  of 
December  last,  in  a  cause  there  depending 
between  Jane  Harper,  ])laintiff,  and  Thomas 
Case,  and  others,  defendants,  relating  to  the 
sums  of  260/.  or  some  other  sum,  deposited  in 
the  hands  of  the  said  Fle«etwood  Dormer,  be- 
fore his  absconding,  and  which  was  then  ap- 
prehended in  great  danger  of  being  lost,  the 
said  Thomas  earl  of  Macclesfield,  then  sitting 
in  court  as  Lonl  Chancellor,  did  publicly, 
falsely,  and  deceitfully  declare,  that  he  had 
beard  there  was  a  deficiency  in  the  office  of 
the  said  Fleetwood  Dormer,  but  that  he,  the 
said  Earl,  knew  nothing  of  it,  only  as  public 
news,  or  to  that  effect;  and  thereupon  did 
order,  that  the  said  Henry  Edivards  should 
examine  in  what  manner  the  said  260/.  was 
deposited  with  the  said  Fleetwood  Dormer, 
and  whether  there  was  likely  to-be  a  loss  of 
any  money  deposited  with  the  said  Fleetwood 
Dormer. 

Abticle  XV I  r. 

That  notwithstanding  the  said  earl  of  Mac- 
clesfield well  knew  that  there  was  a  very  great 
deficiency  and  loss  by  the  failure  of  the  said 
Fleetwood  Dormer,  and  tliat  the  said  Henry 
Edwards,  his  racceasofi  bid  not  tuflkimt  m 
his  hands  to  pay  the  whole  money  doe  to  tiw 


suitors  of  the  C^ourt,  that  had  been  reca? ed 
by  the  said  Fleetwood  Dormer  on  their  ae- 
<x>unt ;  yet  the  said  earl  of  Macclesfield,  bciag 
Lord  Chancellor,  in  order  to  carry  on  his  lo- 
just  designs  of  concealing  the  said  defidency, 
and  to  prevent  any  public  enquiry  thai  might 
arise  from  the  just  complaints  of  the  suitors  of 
the  said  Court,  did,  from  time  to  time,  in  ma- 
il ii'est  and  wilful  violation  of  the  trust  reposnl 
m  him,  make  ord^  on  the  said  Henry  Eil- 
wards  for  payment  of  the  money  belongiiig  to 
several  particular   suitors,    which    bM  MCi 
lodged  in  the  hands  of  the  said  FketwsJ 
Dormer;  in  obedience  to  which  ordera  asiml 
sums  were  paid,  without  regwd  to,  orcMi- 
deration  of,  the  proportion  which  the  lai  if 
the  suitors  were  intitled  to  out  of  the  rfbdi 
of  the  said  Fleetwood  Dormer,  whereby  Hvy 
of  the  said  suitors  lost  the  benefit  of  their  yi^ 
poitionable  share,  to  which  in  justice  they  em 
entitled. 

Article  XVIII. 

That  the  said  Thomas  evl  of  MaecMdd, 
notwithstanding  that  he  very  well  knew,  mk 
was  informed  that  the  Masters  of  the  aid 
Court  did,  or  that  it  was  in  their  power,  fnoi 
time  to  time,  and  at  their  pleasure  to  diipM 
of  and  emplo^r  the  money  and  effects  heloof-. 
ing  to  the  suitors  of  the  said  Court,  wbin 
were  entrusted  with  them  respectively ;  ind 
more  particularly,  that  the  deficiency  apfcv^ 
ing  in  the  office  of  Fleetwood  Dorner,  m^ 
one  of  the  Masters  of  the  Court  of  CbaMTfi 
was  chiefly  occasioned  by  his,  the  said  Fleil- 
wood  Dormer's  having  taken  upon  Umttf 
unduly  to  dispose  of  and  employ  the  XBMtf 
and  effects  belonging  to  the  suitors  of  the  mI  ' 
Court,  which  were  entrusted  in  his  hands;  aii 
notwithstanding  that,  soon  after  the  aud  FMf 
wood  Dormer  became  insolvent,  it  was  repR- 
sented  and  proposed  to  the  said  Thomw  smI  j 
of  Macclesfield,  then  Lord  Chancellor  of  Oral 
Britain,  in  order  to  prevent  for  the  futore  ss/ 
losses  that  might  happen  to  the  suitors  of  tM 
said  Court,  Uiat  the  several  effects  and  M" 
curities  belonging  to  the  suitors  sbouM  hi 
placed  out  in  sucn  manner,  as  that  the  povtf 
of  disposing,  employing,  or  in  any  na&atf , 
trading  with  the  same,  might  be  totally  taktiV 
away  from  the  said  Masters,  for  the  effeetiflC. 
of  which  just  design,  a  particular  method  w4. 
laid  before  the  said  Earl ;  and  it  was  also  fs^t, 
ther  proposed,  that  the  said  Masters  sboidk 
give  some  reasonable  security  to  answer  Ihi^ 
balance  of  such  cash  ss  should,  from  tioie  ^ 
time,  be  in  their  hands ;  and  notwithstsodni^ 
the  said  Earl  was  credibly  informed,  thst  tf^ 
sufficiency  of  some  other  of  the  said  MsMK 
was  very  much  suspected,  yet  the  said  Thiv; 
mas  earl  of  Macclesfield,  whilst  he  was  \i^ 
Chancellor  of  Great  Britain,  contrary  to  b^Ji 
duty  of  his  office,  and  thereby  pi^ponBfJJj 
make  unlawful  gain  to  himself  by  the  ^kf^ 
and  sale  of  the  offices  of  Masters  of  the  « 
Court  of  Chancery ;  and  in  order  to  ieii 
peraoDi  to  give  him,  the  nkl  Barl,  •  gni^} 


:;n»fftf  ana 


urmednors. 


i  or  rewnrd  for  tbt^ir  betng;  atluiittef)  to  tlie 
,  (ltd  not  require  at  detnand  any  security 
tocYer  to  be  i^iven  hy  any  ot  the  sqiiI 
Masters,  upou  their  being  ailmitlecl  t^  their 
Qliic€S,  or  at  auy  other  time;  anil  the  said  Earl 
with  the  same  corrupt  view  and  intention,  and 
Ici  kee|>  up  the  price  of  the  said  offices,  totally 
Se^lected  to  enquire  into  the  accountt  of  the 
,  fud  Makers,  and  did  fraudulently,  ut)justJy, 
iod  in  breach  of  the  trust  reposed  in  bimi  per- 
nt  and  encournge  the  Masters  of  the  said 
VOft,  to  employ  and  traffic  with  larg^e  sums 
'  luaiiey  belonging:  to  the  suitors  of  the  said 
l^auTty  and  to  make  interest  thereof  for  their 
I»wt4  unjust  gain  and  jirofit;  and  the  said  Earl, 
Her  such  proposal  made  to  him,  as  aforesaid, 
rmtaoy  other  lime>  during  hia  continuance 
t  tbesaid  office,  did  not  take  any  care  that  the 
KToctji  of  the  said  suitors  should  be  placed  out 
iiuch  manner,  as  to  prevent  the  Master:^ 
tratficiojf  therewith,  or  that  the  said 
laslers  should  giwe  such  security  us  was  pro- 
by  means  wliertjof  jfrcai  delicieticiesy 
fbe  amount  of  many  thousand  pouad^^ 
ftte  been,  throti^ft  such  default  of  the  said 
'art,  occasioned  m  the  offices  of  several  other 
f.lhe  Hiisters,  to  the  great  loss  and  injury  of 
B  iOJtori  of  the  said  Court* 

Article  XIX, 

That  whereas  his  most  sacred  majesty,  out 
this  latherly  gooduess  to  his  people,  did^  in 
rabooi  the  mouth  of  Not  ember  last,  direct 
loiquiry  to  be  made  into  the  accounts  of  the 
tiers  of  the  said  €f>urt  of  Chancery,  to  the 
nt  that  proper  methods  mturht  be  taken  for 
be  security  of  the  suitors  of  the  said  Court; 
said  Thomas  earl  of  Macclesfield,  being 
Lord  Chancellor  of  Great  Britain,  and 
of  his  miyesty*s  most  honourable  prify 
ucil,  in  order  to  obstruct  the  same,  and  to 
Ivetcnt  a  parliamentary  enquiry  into  the  state 
^DiJ  cQoditioo  of  the  ofbces  of  the  said  Masters, 
h  of  the  sereral  great  trusts  reposed  in 
gire  advice  and  encouragement  to 
»  Masters  to  assist  and  supply  each  other 
itb  money  and  effects^  and  did  represent  to 
•aid  Masters,  that  it  would  bo  for  their 
oaour  and  service,  to  appear  able  and  suffix 
at»  and  that,  if  they  mide  a  bold  stand  now, 
might  prevent  a  parliamentary  eaquiry,  or 
tbal  eB'ect*  and  did  persuade  several  of 
to  mnke  false  representations  of  their 
astances  to  his  majesty,  by  adding  a  sub> 
^eritition  to  their  respective  accounts  delivered 
to  the  said  Earl,  to  be  laid  before  his  majesty, 
~  f  the  effect  following,  (vh  )  That  they  were 
bie  to  answer  the  tuoocy  and  securities  tn  their 
ands,  and  were  willing  to  pay  the  same  to 
t%iich  persons  as  were  entitled  thereunto ;  al* 
"  nugh  the  said  Earl  knew,  or  bad  good  reason 
believe,  that  several  of  the  Masters  were 
tk^n  able  to  answer  the  balance  of  their 
nor  are  they  yet  able  to  satisfy  or 
ke  good  the  same;  and  when  the  said 
ers  were  aftervrarcls  recjuircd  to  produce 
Ijip  cmmU  aad  cOeists  of  Llieir  suiton  in  tiietr 


hands,  some  of  the  said  Masters,  according  to 
sucb  advice  and  encouragement  given  by  the 
said  Earl,  did  supply  others  of  them  with  cash 
and  effects,  to  make  a  false  shew  and  appear* 
ance  of  their  ability  and  readiness  to  answer 
the  balsDce  of  their  accounts. 

Article  XX. 

That  the  said  Thomas  earl  of  Maeclesiieldtt 

whilst  be  continued  in  the  office  of  Lord  Chan- 
cellor of  Great  Britain,  in  breach  of  the  trust 
reposed  iu  lilm,  atid  contrary  to  the  duty  of 
his  office^  ^td,  at  several  times,  borrow  and 
receive  of  some  of  the  Masters  of  the  said 
Court,  several  great  sums  of  the  money  be- 
loBgiog  to  the  suitors  of  the  said  Court,  de- 
posited in  the  bauds  of  such  Masters,  ami  did 
make  use  thereof  for  his  own  private  service 
and  advantage,  so  long  as  he  had  occasbn  for 
the  same. 

Article  XX  f. 

That  the  said  Thomas  earl  of  ]\racclesfield, 
whilst  he  continued  Lord  Chancellor  of  Great 
Britain,  did  in  an  U legal  and  arbitrary  man  tier, 
ej[tend  the  power  and  authority  of  Lord  Chan- 
cellor, and  of  the  Court  of  Chancery,  beyond 
their  lawful  and  just  bounds,  and  did  arbitrarily 
and  illegally  assume  to  himself,  as  Lord  Cbaiw 
celior,  and  by  colour  of  office,  tin  unjust  and 
unlimited  povver  of  dispeusiug  with,  suspending 
and  controuling  thestBtutCBof  this  realm,  made 
fur  the  security  and  preservation  of  the  estates 
and  propertiesof  the  subjects  of  this  kingdom, 
to  the  great  opprcsnitm  of  the  suitors  of  the  said 
Court,  in  subversion  of  the  laws  and  statutes  of 
this  realm,  in  manifest  breach  and  violation  of 
the  rights  and  liberties  of  his  majesty's  good 
subjects,  and  of  his  own  most  solemn  oath,  as 
Lord  Chancellor  of  Great  Britain  ;  and  more 
especially  t  when  Francis  Tyson,  et-q.  deceased, 
being  seized,  and  possessed  of  a  real  estate  of 
the  value  of  3,000/.  per  annum,  or  some  other  .  I 
{Treat  annual  value,  did,  by  his  last  will  and 
testament  in  writing,  duty  executed,  in  or  about 
the  month  of  October,  1717»  give  and  devis« 
atl  his  said  real  estate  to  the  child  his  wife  was 
at  that  time  enselnt  with  (if  sucb  child  should 
be  a  sod)  for  his  life  without  impeachment  of 
waste,  with  remainders  to  the  first,  and  other 
son*$ofthe  said  infant  in  tail  male,  and  did  like- 
wise, by  such  will,  expressly  uomioate  and  ap- 
point his  said  testa tor^s  wife,  Rachel  Tyson,  to 
be  the  guardian  of  atl  his  children  during  their 
respective  minorities,  if  she  should  so  long 
continue  a  widow  ;  and  tbesaid  Francis  Tyson 
soon  after  died,  leaving  one  daughter,  and  the 
saiil  Kachel,  his  widow,  with  child,  alter  whose 
decree  the  said  Kachel  was  dehi?ejt;d  of  such 
child,  being  a  son,  afterwards  named  Fi-ancis 
John  Tyson,  in  whose  right,  by  virtue  of  the 
said  will  and  of  the  statute  made  in  the  l£th 
year  of  the  reign  of  king  Charles  the  second, 
entituled,  "  An  Act  for  the  taking  away  the  court 
of  wards  and  liveries,  and  tenures  in  capite,  and 
by  knights  service,  and  purveyance,  and  for 
seltbng  a   revenue  w\iQm  Vsiw  \x^i^«»X^  \\!k  \\^^  i 


783j 

thereof; 


10  GEORGE  L 


Trial  of  the  Earl  of  Macckyiddt 


ttieteor;  '  the  SAid  Rachel  Tfsoii  did  l&^Tully  k  of  MaoclesfieM,  wheo  siliiwiii  ibe  Oiuit 
take  iota  her  care  aod  cujitody  her  sjiid  infiitit     I^rd  Ch^incellor,  liiff  not  omf  pefsbt  b 
•OD,  and  th&  t.*^tate  $o  de vised  to  him,  or  was    his  apfioiniment  ot  ttie      *  ■    -    -        ^ 


ivilling^,  and  eiulttavuured  so  lo  do,  aud  to  un 
dertake  the  mananrement  of  his  aairl  lands 
ftnd  tenements  for  his  beat  advantage,  and  de- 
meaned herself  iheretu^  without  any  mi^h^^ 
baviour ;  yet  the  saiil  ThaniHK  earl  of  Macclc-t- 
fiakd,  being'then  Lorri  Chaucellor  of  Great  Bri- 
tain, nmler  colour  of  his  olfice  and  authority » 
did,  hy  gevfnil  orders  uiOife  by  him  in  the 
^  mouihs  of  Jaiuiary  and  Fel>ruary,  in  the  5th 
'>  year  of  his  nmjesty^s  rei^o,  or  iii  one  of  them, 
[nIvgaUy  nod  arbitrarily,  and  in  direct  cnntra- 
Ventionof  ilie  staittbe  made  in  that  hehalf,  re- 
l*  move  and  eicclude  the  said  Rachel  Tyson,  the 
firuardian  of  I  he  «sjd  infant,  and  also  John 
Nicholas,  esq.  (a  person  of" good  5ubstatjce  and 
mbiltty,  rtomi noted  by  the  said  Rachel  Tyson, 
to  be  receiver  of  the  rents  and  profits  of  the 
said  infant's  estate,  and  approved  by  Robert 
Holford,  es4|.  oae  of  the  Masters  ot  the  said 
Court,  and  tbr  that  purpose,  who  had  ffifeo 
sufficient  security  for  the  due  execution  ot  his 
aald  truKt)  from  the  management  end  rect^iver* 
ilitp  of  the  said  inlarit\s  estate ;  and  did,  by 
■ucli  orders,  ouduly  and  injuriously  tioitiinate 
aud  appoint  RoW'i-t  L>uyley,  esq.  a  creature  and 
confidant  of  hh  oivn,  and  a  person  atto;rt;ther 
unlit  and  i]n4)iinliliod  for  so  great  a  trust,  t<»  be 
receiver  of  the  reiita  and  profits  of  the  said 
infant's  estiite,  and  to  have  a  salary  ior  the 
sunie,  with  a  power  lo  (et  such  part  of  the  said 
estate,  as  waa  or  should  become  uotenanteiJ, 
with  (he  apprribation  of  the  said  Robert  Hoi- 
ford,  altbou|ib  liie  said  Rachel  Tyson  did  ex 
pressly  object  unto,  and  oppose  such  appvint- 
ment  of  the  said  Kt»bert  Doylevt  and  did  insist 
to  liav e  the  benefit  and  exercise  of  her  right  id 
that  res|iect,  as  the  (guardian  appuiotetl  and  en- 
trusteii  by  her  late  husband  ^  atid  the  said 
Robert  Do}'' ley,  aHer  he  was  so  admitted  into 
the  said  receivership,  did  tor  several  years  re- 
ceive the  rents  aud  profits  of  the  said  infant's 
estate,  to  the  uuiunnt  of  alnjut  10,000/.  or  other 
great  sum,  and  tn  his  hie- time  did  eitifiezde 
and  convert  to  his  own  uf»e  great  (iiart  thereof; 
and  in  or  about  the  mnnth  of  November,  1732, 
died  in^lveiit  and  indebted  to  the  9a)d  infant 
and  his  estate,  in  the  siini  of  2,(K)0/.  or  other 
great  sum,  u|>on  the  balance  of  his  account,  no 
part  whereof  hath  hitherto  been  satisfied  or  paid ; 
and  the  said  Thomas  earl  of  Maccleaitc Id,  in 
faftlier  abuse  of  bis  power,  and  in  conteoipt  of 
IIm  laws  and  statutes  of  this  realm,  when  upon 
dehaie  of  the  tuatter  in  (be  said  Court  of  Chan* 
€ery»  before  the  said  £art,  bein^  then  Lcird 
Chancellor,  in  the  ntonth  of  January  or  Fe- 
bruary, in  the  5ib  year  of  his  majesty^s  reiflfn, 
or  in  one  of  thctn,  it  was  insisted  upon  in  be- 
half of  the  sauJ  Rachel  Tyson,  hy  her  counsel^ 
of  great  ability  and  eiperi#rnce  in  the  said 
Court,  that  such  th«  proceedings  of  the  said 
£arl,  as  Lord  Chancellur,  were  a  reviving  the 
power  of  the  Court  of  Wards,  and  were  not  sup- 
fiartGd  w  warrinted^  hy  any  prec42di'ut  in  the 
Coiitt  •/  Ghaoocry^  ha  ib^  aaid  Thomag  earl 


p(«ointment  of  the  said  IvAb^rt  DoUiy, 
but  dul  aNo  arbitr:irilVf  aiwl  io  dcfhisrr  of  the 
said  goo4i  and  benrftrial  statute,  t»\ 
in  open  Court,  tltat  tlieu  he  ivt>ui«i 
cedoot  in  that  itmta nee,  or  i»e  the  aiud  i 
claretl  and  ex[M'esscd  him^teif  to  ihat 
which  aciiuus,  pr«>ceeihngH,  atid  dedarattjoj 
of  the  said  Karl,  have  heeu  and  wefaontott]^ 
very  injurious  aod  prejudicial  to  the  riifW  lai 
interest  of  ttte  said  Rochd  Tysot),  as  ^aHki, 
and  to  the  {^reat  damage  and  loaa  of  th^  iofaV 
Francis  John  Tyson,  aod  a  uotorioua 
uf  properly,  but  were  also  a  dang^roaa 
of  dlegal  and  arbitrary  po»'er,  lo  the 
tioQ  of  the  laws  and  constitution  of  this 
in  manifest  breach  of  his  oatli  as  L#ord 
ceilor,  aud  in  j^reat  abuse  of  his  authonry- 
And  the  said  Knights,  Citizens,  aiiil 
8:ess«s,  by  Protestation,  saving  to  theaiiaM 
the  liberty  of  exhibuing,  at  any  liiue  he/rallir, 
any  further  Articles,  or  other  Acctiaatiaii  • 
Impeachment  ai;aipst  tlie  said  ThoiDaaiiilit 
Macclt^tiefd,  aud  alsio  of  replying  lahk  ia* 
swers  which  he  sbaU  make  uolo  tba  atid  Ar- 
ticles, or  any  of  them^  and  of  oflfenag  pr«tf » 
all  and  every  the  aforesaid  Artidea^  aod  laiA 
and  every  other  Articles,  Iinpeachtneol|Or  Ac* 
cusation,  uhich  ihaU  he  exhibited  by  tbent,  ii 
the  ciise  shaft,  acoordmg  to  the  course  of  pir- 
liament,  require,  do  pray  that  the  aaid  ThvmB 
earl  of  Maccteslield  may  be  put  to  answer  tit 
said  Crimea  and  MrsdemeanonH  atid  lliatiMli 
proceeding  exatninations,  trials,  and  jnd^ 
ments,  miiy  be  Ihereupoo  had  and 
are  agreeable  to  kw  aod  justke. 


3 


Thk   Answer  ov    Thomas    EA&t  or 
Macclesfield,  to  the  AETieLE^Sl' 

HlBiTED  BY  THE  KkIGHTS,  ClTlll3P» 
AXD  BuitCESSES  IN  PARLIAMENT  A^ 
SEMBLBD,  IN  THE  NaME  OF  TlttM* 
SELVES,    AND    OF   ALL    TH  ^ 

OF  Great  Britain, in  Ma  -ci 

OF  their  Impeachment  AOAiyir 
HIM,  FOR  High  Cuimbj  and  Mi»5^" 

MEANORS,  SUPPOSED  TO  HAVE  9^X9 
BY  HIM  COMMITTED. 


The  said  £tr1,  safing  to  himself  all  . 
tage  of  exception  to  the  said  Artksle^  wU^ 
not  being  prejudiced  by  any  worda  oriitnlrf 
form  tu  tlus  his  Answer,  and  ajao  tafiiif  ** 
himself  all  benefit  aud  ailraotage  of  tbtAti 
for  the  king's  most  gracious,  General,  aod  frBf 
pardon  hereinafter  raeiiiiooea,  and  aM  rilfal* 
and  pririlegcfi  belonging  to  him  aa  one  m  ttf 
peers  of  this  realm,  tor  atiswrr  to  tlieaaid 
oles  saith,  That  he,  hartng  for  sereral 
executed  tbeotfice  of  Chief  Justice  in  the 
of  Kinj^V bench,  his  majeisty,  of  hin 
grace  and  farour  was  pleased,  the  lOlh 
of  March,  1715,  to  advance  the  said  bV  ^ 
the  dii^nitj  of  a  peer  af  tbia  realmi  and  tntlv^ 


afi»*» 
idiHi* 

1 


^/&f  High  Crimes  and  Misdemeanors*  A.  D,  1725.  [7S0 

1 1i«mQ  of  Alacd^fieltl ;   iimI,  iq  regard  to  i  laid  £&r1|  aod  {he  same  waa  received  by   bii 
cir<Gitiiijitot>c«3i  at  tbut  iim«,  was   further    aecot^liitgty  ;  and  the  nM  Eait  doiti  like^^i 
l»  for  tli«  brut^r  KUppon  ofUi»t  boDrmr,    wltb  tUe^feaiest  (^raiituik',  (iu»p  lliiii  uti^iut  tli 
i  to  tl)'-    ■■'  '-'  u  J  the  peiisirm  of  l^'iQOL  \  Mtkme  time,  bis  said  «on  bciug  tbeu  of  a  ji»"o|j< 
( atinani,  rlf%  turutioned,  payabk  '  a^e,  atid  dfsirous  to   ^^o  abruud,  in  iruvel,   b 

>!•  f\m:r  ;  and   bis  ma*  ^  iivnje^ly  wasplcai^td  tu  gr;iiil  (<i  ibi'  said  Georgi 
-ed   to  declare  bis     Purker  the  )'t^arJy    pervsiou  (^t*  t^^OQ/   pn^ubf 
^       1  be  taid  Kurl^s  only     out  ot'tbe  receipt  <dtitei'l.\idif(iuer,  dtiriiiyf  tbi 
oqyfi*  4*jirker,  tor  Ins  life,  au  office  of  joint  b?e»  of  bis  m»»jfsiy  and  th*?  said  Cieorj 
dde  prrt^it,  wht'n  a  proper  opnortuniiy  I  Pnrker,    del eriuin able    upon     bi^t     ninjestjf 
**  -     tlmt  in  ibe  bt-tfinidftjr  of  May,  in  |  gmrtting  to  bim»  tbe  fcaid   Georjje   Parker, 


M  oir<ri 


&r  1718.  lie  the  said   ElltI,  vvaii,  by   ins 

r«l^'i^  grettt  j^race  and  favour,  appointed 

CiiMlictfllor  of  Great    Britain^  mid   vras 

|ielbre  bis  ronjcsity  io  cotincil  tJie  four- 

"ly  of  that  month*  whtfii  the  toUowiri|^ 

:  tbe  usual  oat b  of  Lord  CbaticeUor» 

Bioifilered  to  bitti,  yIz. 

fiwcar,  that  y«5a  sliall  well  ant! 

tTe  our  sovercigT)  hrd  tlie  king',  aiid 

i|40ple«  in  tbe  o6iceof  ChnnceUor  of  Great 
ntaiu  ;  aud  yott  rliall  do  li^ht  to  aH  rnaoner 

0|i*'-     '  ■     ,     .     i'    I  '    '  '       '      ■      ntiJ 

be    ^U'!!J;,  ''urii  Ill's    rriiii]i.ii    \im    sluan    liiill 

•  tad  keep  ;  and  you  shall  not  know  lior  Kufler 
ri  or  di^titrjiioff  of  the  king*  or  that  tbe 
of  the  crouii  be   decrtated   by  any 
f  as  fill  forth  as  you  may   kit,  and  tf 
ly  not  I  ell  it,  you  sbaH  make  it  clearly 
pr^Sfity  koov^n  to  the  king,  Hitli  your 
rice  and  cuunstd  ;  und  that  yaa  &ball 
purchase  the  king^s  profit  m  all  that 
id  I  whteb  you  sball  do  to  llie  beat 
;Il  and  kuo^ledgii. 

*  As*  God  sball  help  you/ 

ad  liie  said  Rarl  at  itie  same  time  took  tlie 

t  ofallej^rinfiteaod  !>uj)K'macv,  but  no  oath 

I^Sc^  besiti /,  ihut  above  Sft  forth  ;  and  the 

t  fc- 1  nit,  that,  dmiogr  his  coiiliiiu- 

iffice  of  Jxird  Chancellor,  be 

)  enjoy  the  Uj^ual  ivalary,  ives^  and  profits  be^ 

;  to  such  office,  which,  he  says,  are  of 

eh  Wm  annual  valne  than  they  are  generally 

l^h«Mieiri>«)  esteemed  to  be;  and  that  bis 

r  waa  pleased  to  grant  him  tbe  sabiry  or 

i  of  4»000/.  per  annum,  in  tbe  Articles 

f1;*v-r  -  -Tirh  time  ua  be  should  con- 

i\m  \  ellor;  but  lliesnme  issio 

btiM*i    ,.,.,  ocular  HI  tbe  case  of  the 

p^t  (as  tbe  said  ArtielcM  woubl  insinuate), 

U  oo  otjjtrr  than   v^bat  hath   been  for 

intly  i^ranied  to  and  en- 

^Hon*  in  tbe  said  office ; 

I  Mid  Eaii  tlodi  likewise  admit,  that  lits 

did  of  bis  royal  grace  and   bounty, 

ftarrant  for   puymeut   uf  tbe  sum  of 

.  mentioned  in  tbe  M»id  Ai'licU>s,  to  tlw; 

r),  out  of  the  rici^ipt  of  tbe  Exclieiper, 

JH^OOOl,  was  the  cooBtant  usual  allow- 

klh«  crown  lo  tlie  Lord  (Jbauccllor 

tt  for  Ittii  towards  the  czpences 

la  the  laid  ofTicc  ;  and  tbe  rest- 

4    14»0U<J/,  orar  and  atjovc  the 

mm  Mttd  daducttuns  upon  payment  there* 

FJttaitiajcaty*!  royal  lounttl^irnct  to  tli« 

XVJ 


possession  or  reversion,  tbe  office  of  one  of  ili 
tellers  of  the  Exchequer,  fur  lile,  and  his  com^ 
in^  into  tbe  actual  possession  thereof,  au ' 
which  the  said  Earl  bkewii^e  admits  bnii  l^eil 
since  granted  to  his  said  son,  and  that  be  cauifl 
iutu  the  actual  possession  thereof  in  or  about 
Julv,  1719,  whereby  tbe  said  yearly  peusiou 
is  determined ;  and  tbe  said  Earl  saitb,  that 
during  bis  continuance  in  the  said  office  of 
Lord  Chancellor,  or  at  any  other  time^  he  nerer 
once  had  a  design,  or  view,  or  wish  to  raise  to 
himself  any  exorbitant  gain  or  profit,  much  less 
used,  or  ever  iboujTbt  of  using  any  m^just  or 
opprefcfiire  methods  to  extort  or  obtain  any  sum 
nbatsoever,  as  in  tbe  said  Articles  issuggested, 
but  sucb  views  ami  practices  are  inconsistent 
with  the  whole  tenor  of  bisltfe  and  actions  ;  and 
in  case  it  shull  be  thought  proper  for  the  said 
Earl  lo  lay  before  your  lordships  an  account  of 
his  estate  and  fortune,  and  of  tbe  cooaiderable 
sums  of  money  be  has  distributed  for  the  relief 
and  support  of  others,  it  will  appear  that  be  la 
not  such  a  designing,  avaricious,  and  oppres- 
sive man,  as  in  tbe  said  Articles  be  is  repre- 
sented ;  and  tbe  said  Earl  bumbly  hopes,  that 
bo  shall  be  allowed,  in  this  bis  Answer,  to  dis 
tinguish  between  acts  tbemselfes,  and  the  ia4 
fisrence^  drawn  from  them  by  the  said  Articles  | 
and  tliat,  whenever  he  admits  any  fact,  be  maji 
not  be  understood  to  admit  Uiat  sucb  fact  was 
by  him  done  or  committed  upon  sucb  rootivesp 
and  with  such  designs,  or  in  sucb  manner,  as 
is  suggested  in  tbe  said  Articles  ;  and  with  Uiis 
reservation  be  answeretb,  as  follawelb :  By  way 
of  general  Answer  to  such  of  tbe  said  ArttcleSg 
as  relate  to  tbe  making  any  preseot  by  persons 
admitted  to  the  office  of  !Vlasters  in  Chancery  ; 
tbe  said  Earl  doth  say,  that  the  same  bas  been 
long  used  and  poetised  in  the  time  of  bis  prede- 
ceasora  in  the  said  office,  and  that  such  pre- 
sents have  been  reckoned  amongst  tbe  ancient 
and  known  perquisites  of  the  great  seal,  and 
the  making  and  accepting  thereof  has  been  no- 
torious to  all  tbe  world,  and  never  before  looked 
upon  to  be  cnminal,  or  complained  of  as  sucb  i 
and  tbe  said  Eurl  humbly  hopc^,  that  the  gif«^ 
ing  or  receiving  ot^  a  present  on  sucb  f»orasti>i 
is  not  mmioal  in  itself,  or  by  tbe  common  lat« 
of  this  realm,  and  that  tberfi  is  not  any  act  ( 
{mrliiimcnt  whatsoever,  by  \t  bich  the  Siime  j 
made  criminal,  r  Smcn 

or  judgment^  w  .  pro 

sedition;  and  tm  .  ...^jf 

obliged  bumbly  to  ! 
ships,  not  only   in  bi 
dic4itiou  of  tb«  honour  of  so  many  great  andl 
SE 


787] 


10  GEORGE  L 


Trial  of  the  Earl  qf  MacdesfteU, 


Keel  lent  men,  who  have  beeti  hit  preJpcei- 
or«  in  the  said  ofBcCt  and  have  all  along  done 
ianie,  for  which  the  said  Karl  h  nuw  com- 
plained ni\  and  of  others  having'  been  Liords 
Chief  Justices  of  the  liing:'s-hencli  and  Cotn- 
mon  PleaSf  Masters  of  the  liolfs  and  other 
Judc^eSf  **  ho  have  likewise  received  prfscnts  in 
money,  upon  (he  admission  of  the  aercral  and 
respective  officers  under  them,  in  «e?eral  courts 
of  justice  I  and  who,  the  said  Earl  ia  assurett, 
never  apprehended  themselves  to  heguillyof 
any  crime  a^inst  any  the  good  and  whole- 
loroe  lawi  or  statutes  of  this  realm. 

K  ke.  To  the  First,  Second » Third,  Foartli, 
Fifth,  Sixth,  and  Hcveoth  Articles,  the  said 
Earl  further  salt h,  Thai  ton<r  ht  fore  the  '2%ih 
of  Jnly,  1721,  he  did  admit  and  swear  Richard 
Godfrey,  James  Lighlbouu,  John  Borret,  and 
Edward  Conway,  esc|uircs,  into  the  offices  of 
Masters  of  the  C*nirt  of  Chancery*  and  every 
one  of  them  did  freely  and  volunuirily,  and  *)f 
tltE-irowrn  aceoni,  as  former  I\  I  asters  had  dottp 
to  the  predecessors  of  the  said  Karl^  send  lo  *he 
taid  Earl  a  present  upon  occasion  of  their  re - 
apeciive  admitlaftccs  uhicli  the  said  Earl  ar- 
Cepled  ;  and  that  afVer  the  said  24th  of  July, 
17*21,  he  did  admit  and  sviear  William  Ky- 
nuKton,  Thomas  Ben  net,  and  Fiancis  Elde 
into  the  officts  of  Masters  of  the  Court  of 
Chan^cery;  and  saith,  that  every  of  the  said 
persijns  last  named,  did  freely  and  voluntarily, 
and  of  their  ovrn  accord,  in  hKe  manner,  ^nd  n 
present  to  the  said  Earl  upon  occasion  of  tfieir 
respective  admiltauces ;  but  saith,  That,  it 
being  pretendtHl  hy  the  said  Kynaston  and 
Bennet,  that  they  were  by  such  presents  dis* 
abled  trom  aoNw  cringe  so  much  of  the  money 
due  from  thtm  to  the  suitors  of  the  Court,  he 
the  said  Earl  did  aft er wards,  and  before  the 
ito^ieachment,  di  liver  the  present  so  sent  him 
hy  the  said  William  Kynaston,  being  1,575^  ; 
•ud  also  the  present  so  sent  him  by  the  said 
Thomas  Bennet,  heiufy  the  like  sum  of  1,675/* 
into  the  Court  of  Chancery,  in  open  Cotirt,  to 
be  ap|dfed  for  the  bent^fVt  of  the  suitors,  ae  the 
Court  should  direct,  and  that  the  said  Earl  re- 
tained of  the  present  so  sent  him  by  the  said 
Francis  Elde«  no  more  than  the  sum  of  1,85^/* 
Viir  To  the  Eighth  Article  the  said  Earl 
further  saith,  that  in  July  last  the  otlice  of  one 
of  the  Masters  of  the  said  Court  became  vacant 
by  the  death  of  John  Borret,  esq*  who  died  in- 
testate, hut  whether  solvent  or  not,  he  cannot 
aay  ;  but  upon  notice  of  bis  death,  the  said  Earl 
did  at  first  desire  Richard  Godfrey , esq.  one  of  the 
Masters  of  the  said  Court,  who  had  been  very 
wellacrtuainlerl  with  the  said  Mr.  Oorret,  and  hia 
«ifairs,  and  aftervFards  the  said  Air*  Godfrey 
•nd  John  Bennet,  tjsq.,  another  of  the  Masters 
of  the  sM  Court,  to  enquire  into  his  eifects, 
aod  to  take  what  care  they  could  about  the 
■ame  ;  who,iiner  some  enquiry,  informed  the 
■aid  Earl,  that  they  believed  tliere  would  be  tio 
detieietkcy  ;  and  secured  a  considerable  part  of 
the  eflecw  of  the  said  Mr.  Borrct»  and  entered 
a  proper  caveat  in  the  Prero^tire  Court,  to 
prevcut  adtiiinibUaUoa  hem^  granted  to  any 


{lersons  who  might  embezzle  tlie  aaid 
estate  ;  and  allerwnrds,  at  the  re^ 
■aid  Earl,  proceeiled  so  f*ir,  as  to  • 
teoce  in  ttie  said  IVen^Lf^i^tive  Cotnt, 
mlnistr&tion  to  be  grnnted  lor  the  bene' 
suitors  of  ihe  Court,  to  them,  ihe 
Bennet  and  Mr.  Godfrey,  ^hich  was  a^ 
wards,  upon  Iherr  wavinj;  thereof,  graoi«d 
Mr.  Paxton,  as  the  said  Earl  belierea ;  ^tilt' 
said  Earl  thought  it  proper  and  oectfasir^  j 
admit  another  Master  ia  his  place,  to  cam*  I 
the  business  of  the  Court,  and  to  be  entitled] 
demand  the  elTects  of  the  suitors  from  the  i 
presentattve  of  the  said  Mr.  B«*rret,  wrheni  ^ 
should  be  appointed  ;  and  therefore,  about  (6f 
5th  day  of  August  lost,  did  admit  and  svrm 
Murk  Thurston,  esq.  into  the  said  office,  vacitf 
hy  the  tleath  of  tlie  said  Borrel,  and  the  «id 
Eart  admits  the  said  Mark  Thui^ton  dl  f 
that  occasion  freely  and  vohmtiirtly,  anu 
own  aceord,  stud  a  present,  whtveof  ^^uwu 
an<l  no  more,  were  retnined, 

IX*  In  answer  to  the  Ninth  Article  Uiestl 
Ear)  saith.  That  he  believes  Thomma  BtWClt 
esq,  in  this  Article  named,  was  possessed  of  lli 
ut]i4*e  of  Clerk  of  the  Custodies,  in  the  Artidc 
dcscnbed|  and  that  such  office  la  tu  the  ^ft 
and  disposal  of  the  crown,  by  grant  tUMcr 
the  ^eat  seal ;  hut  denies  that  be  did  at  lay 
time  insist  upon  the  sum  of  105/.  or  any  otbcf 
sum  of  money,  to  permit  or  accept  of  Iheresigw 
nation  of  the  saidlhomas  Bennet,  or  did  refiiM 
to  permit  or  accept  thereof  until  lhesai»l  Thoitiat 


BeDnet  bad  agreed  to  pay  the  same,  or  any  il 
sum  on  that  account ;  but  saith,  that  altliOMgit. 
the  said  office  be  usually  granted  by  the  croirO| 
yet  it  has  ahvuys  hccn  looked  upon  to  be  tin 
right  of  the  IjOtxI  Chancellors,  or  Lord  Keepiw, 
to  recommend  to  tliit^  and  other  ot!ici-s  under 
the  ^reat  seal,  and  to  approve  nod  allow  of 
the  deputies,  to  e^cecute  the  same  ;  and,  upoB 
such  recommendations  and  appro? inir  of  de- 
puties, have  accepted  presents,  and  I 
the  same  as  their  rii^ht;  and  In 
that  there  hafebeeo  ttvo  of  such  ofu  i 

in  his  timet  one  of  which  appear  i  a 

to  be  a  case  wherein  the  party  huiJ  >ud:  uJ 
great  hardship,  the  said  Earl  pait&etl  the  >:un« 
without  any  present  whatsoever,  th«ni;^li  li* 
*dfit:€  be  of  conMderahk'  value  j  Ihe  ntln  r  «ui 
the  cuse  of  Mr,  Uamersley,  iu  the  Am^U 
mentioned,  in  which  the  saiii  Earl  owns  he^ 
accept  a  present. 

X.  ]ri  Answer  to  the  Tf  nth  Article  lUc  i 
Earl  saith,  The  same  is  conceived  in  luchi 
neral  terms,  that  it  is  ui»t  to  he  r\^»eetedl 
should  give  any  particular  ansvier  tlirfirti 
however,  he  saith,  Thut  during  Ihe  whole  lii 
of  his  bt'ing  Ixird  ChnDceUorj  he  reier 
took  any  money,  present  or  graiuity  whali 
ever,  for  or  upon  account  of  the  oumint^^^aiakin 
or  ad  mi  III  ng  any  officer  whatsoever,  oiher  tfa 
before  particularly  named,  except  in  the  cu 
sitor's  office,  where  he  owns  he  |jas  itooe,  i 
was  done  by  all  his  predereaors  hrlorf  hini* 

X[.    In  Answer  to  the  Clevtttih  Ariichf  I 

said  Earl  saith,  That  the  same  uot  cootiiAU^ 

V 


5UJ  for  Nigh  Crimes  and  Misdemeattars, 

llT  fnrfi^nUr  chanrp,  he  npj»rtlnx»<l«  himnelf 

1  lo  ^ive  any  fiartii*ubr  uijivterthrre* 

i^vevt-f,  ill  t^rnrrrtl,  iii>f«  K>y,Ttiot  hf! 

^  VI  lUtl  mhnit  ai»y  person  into  tlie  otfire  of  a 

3l€r  *^C  llie  Ciiuri  of  f  liJinct'iv,   ImiI  who 

prf       '       M*  ri>  In?  ill"  fillll^tancH  und  ahi- 

trusieil  In  sucli  office,  or,  upon 

i-umy,  tc'ry  weJl  recoinmcfidH    (i* 

|i«iirb;    mill,   wiattievt'r  thcrt  li.*ive  be^ii 

iM,.i.t,  -    i|(»'H4n<J  EaH  liancoiiHtaiitly 

10  hiiii   ihni  he  ibouglil 

,  -   lUe  ortire,  and  most  top 

niiitf  111  ihf  1  ouri,  unit  the  afiviint;)||^e  of 
'ors;   nnd  bfh€v*'»  ilmi  Ue  tuny,  ujton 
sions*  Uave  declareci,  Ui.it  h«*  ilioui^lil 
1  IwnJy  of  Mii^t«r<  us  yotnl,  wiib  leipect 
iilmv  r«iiit#«^  ami  AtiiliTy  for  ili^clmrj^e 
bli]C«,  and  llieir  ir(te4>^ritv,  n^i  harl  [te^u 
iV  lime  b^f<}ke,  nr  to  thnt  tittci ;  antl  utiat 
^ikiiHfty  to  tUal  [tur|jiiM;,  Lie  ibc»uglit  to  be 

ftv  trur, 
I  XlK  To  tbe  TVclfih  Artick  the  surd  Earl 
ijtliai  ii'  lb  ere  ^ns  any  sorb  practice  as  is 
Bw)  in  ibe  Ariiclci  nf  payi(t|f  for  ibe 
iA^  iIm'  Mastpfs  out  of  ib«  lootjey  &n<l 
/  to  the  suitors  of  tbe  Court, 
,  i^^noraot  of  it ;  but  admits,  tbul 
li<i  ui'f,  nor  iJul  any  of  bii  prtnlecessor^, 
rrr  be  bratd  or  beli^***?!,  g^ive  iiny  par- 
f  dtrpctiuns  for  scbedules  to  l»e  inmlr  of 
oey  and  efl'eeli  of  tbe  «uitora  of  I  be 
I  to  bi»  ib^bvprifil  ©vtT  io  ibe  aiteceediof^^ 
but  beKevi'Sf  tbat  in  virtue  of  tbe 
I  order  uf  transfer  made  of  course  UfK>fi 
druitiance,  Kucb  scbediifes  wpre  tnadu 
V  M anient  and  ll»eir  predeces- 
•  MitAtivraof  tbeir  predecessors ; 
■ftiM^rptencrs^  to  tbe  Articles  al* 
i>)bmcd  from  aticb  practice,  or  tbe 
;  audi  acbedule,  h  bicb  be  doea  not 
Vtnir,  he  iosists  tbat  the  same  coutd  not  reoder 

irnniuial. 

|XUI.    In  Anitwer  to  the  Tbirieenth  Article 

f  mid  Earl  tiailb,  1'bal  a(\«T  Cbristmas,  to 

^jrcar  17  to,  he  vnii  in  formed,  ibnt  the  Mid 

iood  Doniier  bad  ivitbilrawit  bim&elf  to 

,  where  be  (btMi  wuh^  and  tbereupon 

E«rl  UBe<|  ilt  the  jiroperent  methods 

•  securtn((  bi^  euects,  and   oarliLU- 

Mr*  ilicrocks  and  Mr,  liogrers, 

tfci-o  senior  Miittors  of  tbe  Court,  to 

^k#  ao  rnfjtiiry  into  b**  alldirn  aod  accounts, 

t  to  cotiSidiT  w  bat  would  tje  moa  proper  to 

lUid  tbe  said  Eart  believes,  tftat  tbe 

lltvo  llttitfih  itk  ^MO-huance  id  tbe  directions 

111  !  «earcb  ttie  cbaiiil>ers  of 

'oriner,  in  LincobiViuiit 

whmi  books,   ncetjiints,  or  effects  couU) 

ijbt  toti  wttb,  but  fitufid  tio  account  wliat> 

iser  any  efTifCts  of  raliie,  and  did  put  a 

_"  *  Ir^fksferrin;^  of  tbe  slock,  tben  in  tbe 

^•f  thif  sakl  Fleetwood  Dormer,  in  any  of 

IpiiiMio  ci>tnpanii's:  and  the  said  Fleet w'o<id 

<i  J^cffioo   f  -'t  out  of  reach,  and 

Ml 4'  iijliy  unknown,  ex* 

ralddf,  M  Imlu  l  iiiid  uot  tio  dispoited  of 

bis  €Oflcurr«xice,  a  propoflfti  wfta  aoiiie 


A.  D.  1725- 


t7!X) 


lifiie  after  made  to  the  said  Earl,  tbat  tbe  said 
PleetwiH)d  Dormer  nii<(bi  ba%ea  promise  of  bis 
liberty  froni  file  saiil  Ear!,  and  opiMi  thai  con- 
ibii'm  be  would  come  over,  and  u^oi^jrn  all  his 
etliMTts,  and  a»}«it  in  ij;^  Uing:  tb*^m  in,  »nd 
^eUtoiit    II   '  Kiij  his  accooniti ;    hoiI  t*ie 

said  £u> !  )  oUier  wny  op^ti  to  sfiHt  any 

tliing^for  iiM  >  luu*,  and  boiut;  ti.alc  lo  believe 
that  if  any  ileficiency  ^iliouUi  bupp«'n,  yUv  «:ime 
would  be  tnnde  up  by  ilKM»ilu*r  M.ijijiis,  ibd 
a^ree,  tbat  in  ca»e  tbesitid  FUm  IwolhI  Df^rntrr 
would  come  over,  and  mukv^  a  full  disr^mTv  of 
all  bin  etfects,  and  assign  the  <inmr*  for  (be  Ut- 
neflt  of  tbe  >iUitore»,  be,  llie  sidd  Earl,  v^ould 
allow  bini  Itis  tilH-rty  on  tbatcomtituin^  and  itol 
otbernt!^  ;  and  tbe  said  Earl  was  soon  after  in- 
formed, that  tbe  said  FleetwtH»d  Dormer  sub- 
miitcd  1*1  tbose  terms,  and  woubl  r try  ^oon 
come  over,  and  discover  and  deliver  rip  bis  cf- 
fevU;  aiul  tbe  said  Earl  did  not  doubt,  but  the 
wbole  debt  upon  tbe  said  Fltttw«»od  Dormer 
would  be  paiiL  And  (he  SimmI  Earl  ^a'tth,  Tbat 
be  does  not  remember  ttiat  any  application  was 
ever  made  to  him,  by  tlie  said  31aslers  of  Ibe 
said  Court,  for  any  assistance  of  tbe  Court, 
toucbiug'  the  person  or  effects  of  the  sf»id  Fleet- 
wood Dormer,  but  wbat  be  tfrintfd,  so  far  as 
be  tbongbt  it  tende^l  to  tbe  benefit  of  the 
suitors^  and  believes  that  no  application  was 
ever  made  to  him  by  the  htiitors,  or  ativ  of 
tbeto«  or  any  otber  to  secure  the  person  of  tbe 
said  Fleelwtwd  Dormer,  or  for  compelling  him 
to  make  sal isfiM't ion  to  tbe  suitors;  and  tbe  said 
EaH  Koitb,  tbat  he  never  eodeavoure<l  to  con- 
cent  tb«  true  stale  and  condition  of  tbe  sajrl 
office  from  tbe  suitors  of  tbe  Court,  n»r  did 
any  of  ibem  apply,  till  very  latefy>  to  the  said 
Earl  to  look  into  tlie  same  ;  and  furlher  saith» 
tbat  be  remembers  nothings  of  his  ever  usioff 
any  such  rxpre^iston,  a^  in  charged  in  the  said 
iVticle,  at  any  lime  before  or  after  he  kiieW 
that  tbe  said  Fleetwoixl  Dormer  absconded. 

XIV.   To  tbe  Fourteentb   Article  tbe  Earl 
aaitb,  Tbat  flenry  Edwards,  es<i,  in  tbisArticlk 
mentioned,  succeeiWd  to  the  office  of  Mr.  Dor- 
mer, about  tbe  18th  day  of  May,  1791 ;  but,  by 
reason  of  Ibe  disorder  the  said  offic?e  was  thea 
under,  and  tbe  (^reai  danger  of  a  loss  therein,  tb* 
Eur  I  Imd  given  up  und  c|uitted  all  ibe  advsnUitfe 
wbicli  mt^bl  accrue  to  him  upon  the  dispoaal 
tbereof>nil  fell  it  enliiely  to  tlie  other  MsKtersio 
raise  what  money  Ibev  could  tbcieby,  wbicb  was 
Agreed  to  be  all  applied  towards  loakiofj  good 
any  deticieiicy  or  toss  wbich  ini|fhi  bappen  to 
tbe   (iiitors    of  the   Court  concerned  in  that 
office  ;   and  thereii(Hiti  the  sum  of  5,000/.  wa# 
raised,  by  the  disposal  of  the  said  otiice  to  Mr. 
Edwards,  ami  was  apphe*!   «ccordiu);ly  ;    and 
the  said  Earl    bebevt^s  the  debt  from   U  ilham 
Wilson,  in  this  Article  mentioned,  wasassigjned 
by  tlie  aaid    Mr.  Dormer  to  the  »a»<*  Mr*  Ed-  ^ 
wards  in  trust,  and  to  the  intent,  that  he  should  ^ 
pay,   apply*   nud  dispose  of  the   H«ud  debt,  ^►r 
such    i>art  thereof,  as  Khould    he,  from  titn« 
to  tinie^    by    hmi  got  in,  and  receivt^d  of  atid 
from  the  aaid  William  Wilson,  iu  ttuch  ii^^ucf 
M  the  Court  ftli9uld  ordev  and  diY«cX^%t  V*  ^ 


791] 


10  GEORGE  I. 


Triai  of  the  Earl  of  Macclexfield, 


[792 


eflTect :  aAer  which  said  asngnment'  to  made, 
the  Karl  belieTes  that  the  said  Mr.  Edwards 
used  prent  endeayoors  to  ohtain  payment  and 
satisfactiun  of  the  said  debt  from  Air.  Wilson  ; 
but  fiodinsi^  all  his  endeavours  fruitless,  and  that 
the  said  Wilson  had  long  before  stopt  payment, 
and  was  in  no  condition  of  payinqf^  his  credi- 
tors the  whole  of  their  debts,  but  that  he  was 
williogr,  and  had  offered  to  come  to  a  composi- 
tion, and  to  pay  them  in  proportion  the  utmost 
he  was  able ;  the  said  Air.  Edwards  thereupon, 
about  the  30tli  <lay  of  June,  in  the  year  of  our 
Lord  17S9,  preferred  his  petition  to  the  said 
Earl,  as  LonI  Chancellor,  settings  forth  in  sub* 
ctance  the  state  of  the  case,  as  before- mention- 
ed, and  praying  that  it  might  be  referred  to  one 
of  the  blasters  of  the  Court,  to  see  if  such  com- 
position, so  proposed  by  the  said  William  Wil- 
son, were  for  the  benefit  of  tlie  persons  enti- 
tled to  receive  the  same ;  and  tne  same  was 
accordingly,  bv  order  of  the  said  Earl,  referred 
to  Mr.  Hiccocks,  the  then  senior  Master  of  the 
Court,  to  enquire  iuto,  and  make  his  report 
therein  ;  and  about  the  26th  day  of  July,  tneu 
next  following,  the  said  Mr.  Hiccocks  made  his 
report,  that  the  said  William  Wilson  had,  under 
his  hand  in  writing,  proposed  to  assigii  over  to 
the  said  Air.  Edwards,  as  a  coroix>sition  for, 
and  in  full  discharge  of,  the  sum  of  34,046/.  4i. 
therein  mentioneuto  be  due  and  owing  from 
him  to  the  said  Mr.  Edwards,  as  assignee  of 
the  said  Air.  Dormer,  the  sum  of  10,000/.  part 
of  a  larsre  sum  due  to  the  said  William  Wilson, 
from  Edward  Poulter  of  Hackney,  gentleman, 
in  this  Article  mentioned,  and  to  pay  the  said 
Mr.  Kdwards  in  8|»ecie,  the  sum  of  1 ,463/.  2s. 
Id.  over  and  above  the  sum  of  560/.  then  al- 
ready paid  to  the  said  Air.  Dormer,  in  part  of 
the  said  composition  ;  and  that  upon  considera- 
tion had  of  the  circumstances  ef  the  said  Wil- 
liam Wilson,  and  the  said  several  matters,  he 
was  of  opinion,  that  the  accepting  the  said  com- 
position would  be  for  the  benefit  of  the  person 
or  persons  entitled  to  receive  the  same ;  upon 
which  said  report  the  said  Mr.  Edwards,  about 
the  3rd  of  August  then  next,  preferred  another 
petition  to  the  said  Eari,  with  the  said  report 
annexed,  and  thereby  expressly  prayed  the  said 
Earl  to  order  him,  the  said  Air.  Edwanls,  to  ac- 
cept of  the  said  composition,  whereupon  the  said 
Eail,  in  a  proper  and  usual  manner,  ordered 
the  same  as  prayed ;  and  the  said  Earl 
aaith.  That  he  was  informed,  and  believes,  that 
the  said  composition  was  made  and  agreed  to, 
upon  a  consultation  of  all  or  most  of  the  Alasters 
uf  the  said  Court,  who,  the  said  Earl  did  believe, 
would  use  their  best  endeavours  to  get  as  much 
as  they  could  ;  and  the  said  Earl  saith,  he  hath 
heard,  and  believes  it  to  be  true,  that  liesides 
the  1,463/.  2ff.  1(/.  theu  paid  down,  there  hath 
beeo  since  got  in  by  Air.  Edwards,  on  account 
of  the  said  debt  from  Edward  Poulter,  the  sum  of 
1,000/.  4ir  thereabouu  ;  and  that  at  the  time  of 
the  said  assignment,  the  said  debt,  claimed  by 
Wilson  from  Poulter,  was  a  just  debt ;  and 
jodgmeot  sit  law  has  been  since  obuined  for 
18,000/.,  pan  thereof;  and  dM  nid  PoaUer 


was  looked  upon  to  be  a  substantial  pertoo, 
though,  to  avoid  payment  of  llie  said  WUmid's 
debt,  which  arose  on  account  ol' their  dealings  ia 
South-Sea  stock,  and  subscriptiona  in  the  year 
1720,  the  said  Poulter  not  only  broogbt  his 
Bill  in  Chancery,  but,  after  the  same  was  dis- 
missed,  and  that  he  was  taken  io  cseeatioa 
at  Wilson's  suit  at  common  law,  be  feand 
means  to  make  his  escapfs  out  of  the  custody  of 
the  marshal  ot  the  Court  of  King's- bench,  and 
to  get  over  to  France  or  Holland,  where  hs 
still  continues,  as  the  Earl  is  informed ;  but  bt 
is  likewise  informed,  that,  after  the  said  eecapt, 
a  commission  of  bankruptcy  was  takeu  wm 
against  him  by  the  said  Wilson,  upon  wUck 
some  effects  were  recovered,  and  likewistn 
action  at  law  brought,  and  a  verdict  and  jndv- 
ment  for  18,000/.  and  upwards  obtained  by  tte 
said  William  Wilson  ai^inst  the  marshal,  m 
account  of  the  said  escape  ;  and  saitb,  he  halh 
likewise  been  informed,  that  the  said  Edwsri 
Poulter  and  the  marshal  have  each  of  them  s^ 
fered  considerable  sums  of  money '  by  way  sf 
composition  for  the  said  debt ;    but  the  ssid 
Wilson,  from  a  persuasion  of  the  abilities  of  tks 
said  Edward  Poulter  to  pay  the  whole,  dklit 
first  refuse  any  composition  with  the  said  Psat 
ter,  and  since  hath  been  afraid  to  make  any  ona* 
position,  either  with  Poulter  or  the  maisbil ; 
and  what  may  be  the  consequence  thereof,  with 
regard  to  the  suitors  of  the  Court,  or  what  far- 
ther sums  of  money  may  be  recovered  apos 
account  of  the  said  debt,  towards  makiaf^tlmi 
satisfaction,  the  Eari  saith,  he  cannot  with  uy 
certainty  take  iipoii  him  to  answer. 

XV.  To  the  FilWnth  Article  the  Earl  saitb, 
That  about  the  month  of  February ,  in  theyearsf 
our  Lord  1730,  he  gave  orders  to  his  secrelarj 
to  write  to  tlie  several  Masters  of  the  Court  « 
Chancery,  to  bring  in  their  account*  uf  the 
cash,  effects,  and  securities  in  their  hands,  be- 
longing to  the  suitors  of  the  Court,  and  belief* 
he  did  so ;  but  denies  that  the  same  was  doos 
with  any  unjust  uumose,  or  with  any  tbfHigbt 
to  terrify  the  said  Alasters  to  make  any  contri- 
bution, towards  satisfying  the  demands  upon 
the  said  office  of  Fleetwood  Dormer,  but  be* 
lieves  what  they  did  contribute,  they  paid  (tetif 
and  voluntarily,  and  out  of  their  own  mooey* 
and  therein,  as  the  said  Earl  helieies,  did  os 
more  than  follow  a  precedent  of  the  l<ke  natorr, 
on  the  failure  of  Dr.  Eddisbury ,  formerly  a  Uss* 
ter  of  the  said  Court ;  and  the  said  Earl  ssi^ 
that  his  real  and  whole  intention  iu  calling  v^ 
the  said  accounts,  was  to  inlorni  himself,  in  lb* 
best  manner  lie  was  able,  of  the  state  and  ooo- 
dition  of  the  several  offices,  and  thereby  to  ks 
the  better  able  to  make  proper  regulations  csO" 
corning  the  same  ;  anil  therefore,  though  tb« 
said  Article  seems  to  insinuate,  as  if  the  calM 
for  the  said  accounts  was  dropped,  as  soon  i* 
the  Alasters  were  prevailed  on  to  eontribute,  tbt 
said  Earl  saith,  that  altt^rwards,  and  ^i^^ 
any  regard  thereto,  he  still  continued  to  c*U 
for  tlie  said  Masters'  accounts ;  and  not  Andiif 
them  brought  in,  as  be  expected,  he  did,  ab^ 
the  beffiamuflr  of  Not emiwr  fbilowiiigt  ctf^ 


JifT  High  Crimes  and  Mtsdeme&non. 


Alitr  t«tter  to  be  «fci»t  lo  lhcm»  requiiini; 
I  t<i  lin»9  if)  their  accui)iit&  :    «tii),  liv  Uiih 
I  letlcrH  Sfful  to  tbeiu  on  liiAloccajnoUf  Ue  tli* 
rnethoii  ia  which  he  woiiltl 
v«  t  ina<ie  up;    biJl  the  auid 

cr»«i^  liiu-oTniih  couiiiiceil  how  ilidicult 
Mftf^ork  it  would  be,  and  whot  ob- 
it wowlii  gife  to  tb«2  businessB  of  tlie 
burt,  uud  ibuat  Istst  it  coultl  nut  be  liepeuded 
lUi    iiiv  certainty,  Has   (brcefl  lo  laj 
bb  and  to  content  himsftt'  wiih 

-i»me  road  ubich  his  predece&- 
doa«  I  *nd  Uuittbly  begs  leave  to  ob* 
_  bat  whftt  bu  b^-en  hiVeW  done,  wiUi  re- 
i  tffr  the  ftcociunls  of  the  «aid  Muslerfi,  |iUiQ> 
Kvm  th«  iumipertble  difiicutties  of  such  an 
-  kiiig. 

TotheSinteeDib  AHiele  lUe  Emi  faith, 

kt*  belieres  that,  ou  or  aU)iit  the  17th  of 

iri:b,  1/23*  aiicb  order  wn;*  madi.%  as  in  the 

/Irttdie  m  iiieiilionfd,  for  Henry  Edwards, 

►  lopty  Elizakiih  Chilly  1,OUOL  pari  ofthe 

ifj  broufirbt  lic'tore  Mt\  Dormpf,  htit  doe* 

reitieinber  that  the  said  Heniy   Edwurd:^ 

uriv  oiH.nUint  tliereof  to  the  said  Eaii, 

pl>  Edwardii.  not   having*  then 

'  r  IVIr.  Uorin^r's  in  bis  hand<$» 

I  iMiyineut  thcretd  ;  and  thai  in  July  io\- 

*>Qf  >  ^^^*  LrH-brnunf  in  ttie  Articles  n»tned| 

frf  biinaeM   tr»  the  said  Eurl  acveral  timea, 

jJ-JB  a  %m'y  eameM  manner*  to  ht  Ip  ibc  said 

^itly'trt  tbie  said    l,CM}0/,,  allegini^  that 

1  Mr.  Locbman^  wns  to  marry  her, 

[  h«  had  rnaile  a  e>rjm  posit  ion  with  his 

K,  npon  wkiich   1,000/.  wan  tu  be  paid 

J  rUhtX  time,  which  he  then  nienlioDed  ; 

Ibal   he,   the    s«id    Mr.    I<ochman,    was 

^  biirv  th«   Ha  id     1,000/,    tor  that   purpose  j 

i  Ibal,  if  he  liud  it  nol  by  the  lime,  the  com* 

woutd  be  «oid,  amf  he  shouUl  tie  utterly 

and   at   ku>;[Ui  ihu  said    Ear),   bein;; 

linuyi'd  by  tii<?  pressini^  importunities  ot 

Mr.  LtK^hntan,  and  hy  compassion  lor 

f  gnmi  distrei^  m  which  he  then  appear- 

t  did  promin^*  to  Mipply  htm  with  Ihc 

Hi,  ont  of  bis  own  pocilet ;  and  accord- 

cted  Mr.  C<niin|riiarnf  Ihen  his  secre* 

pay    it,   Ukinj?  from   ihe  »aid  Mrs. 

jient  tif  the  benefit  of  the  said 

>  the  same  was  done  accord-^ 

|tiiui  iiiui.  upon  Mr.  Lnch man's  pressing 

"  rr  ium  tiir  llie  Si4id  Mrs,  ChiUy»  for 

'^■'^  ^^idEnrl  mit^ht  tell  liim,  that 

iviis  nil  thnt  he  must  expect 

.  ^   ul  ;  and  the  naid  Iviil  does  not 

h«   had   any   dmcourite  with  the 

to  pcrsiiade   them  to   pay  the 

>  Mr*  Lochman. 

rtt)«'  tiiit  branch  of  tlie  said  Artiele, 

I K  Thai  the  fact  Wiis,  thai  otie 

in  the  eantie  in  the  Article 

Mifti  thr  bf^t  ftiirebaaer 

i\  llarpetr  at  tlie  pfice 

^  the  t9th  of  llecember, 

ilie  aaoio  lime  ordered, 

wruin;;>«   fir  liinjfin|r  to  such  estai9| 

\  dirhtartHl  to  his  couusui,  mud  that  tti€ 


teoanti  should  iiltont  to  him*  on  bit  hrhkgmg 
htB  purclidMe  money  before  Mr,  Dormer,  then 
one  of  tile  MasUnB,  and  the  said  money  harinc^ 
been  Iwourrlu  before  the  said  Al aster  the  24ifi 
of  Dcceiiil^er^  1717,  and  itie  tenants  haftngf 
ailomed  to  Jackman  ;  hut  the  com  es  aoces  not 
heio^  Uien  executed*  thou^^h  long  brtbre  ap- 
|rm*f>*l  ?*  •"'»non  was  mm\&  in  the  f-ourt  of 
t  b:ii  ri^  the  said  Earl,  on  the  5ih  day 

of  i).,^.^..^  -  1  i^i,  that  all  parties  might  exe* 
cute  the  conveyances^  and  the  ^QOL  be  paid  to 
the  plain ti£r.  towards  :i at isf action  of  a  demikod 
she  bad  oul  of  the  estate  of  the  said  Harper  ; 
and  thoi»e  that  were  to  have  the  reaidnum  ^f 
the  said  T.  Harper's  estate,  insisted,  that  they 
were  always  lesidy  to  join  in  the  coo? eyanccs, 
if  the  purchase  money  were  applied  lo  dis'* 
chan^  the  rest  of  the  estate,  that  they  were 
apprebenUve  of  a  flehciency  ^i  Mr.  Dormer's 
estate,  and  therefore  neither  they  nor  the  plain* 
tiff  ought  to  he  sutTerers  by  such  deficiencyi 
the  delay  havmgf  been  occasioned  hy  the  pur* 
chaser,  and  not  hy  the  plaiutitf,  and  therefore 
jicrupled  executing  the  deeds,  unless  upon  pny- 
ment  of  the  m^mey  to  the  plaiotUf,  and  dis- 
charjpng  the  re^t  of  the  etitate  titerefrom  ;  and 
tbL»  u^lng  the  titst  time  that  any  queslion  re« 
latini^  to  Mr.  Dormer's  deficiency  had  beea 
laid  before  ihe  Court,  by  any  of  tbenuitors.tbe 
said  Earl  look  notice  of  its  beittff  »o,  and  be« 
lie-res  he  uiiiiht  express  himself  to  this  effccli 
That  he  had  indeed  heard  of  the  iaid  Dormer*i 
deticiency^  but  thut  it  had  never  yet  come  ju- 
dic»4illy  before  him.  upon  complaint  of  any  of 
the  suitors  of  the  f'onrt ;  and  further  declared^ 
that  if  there  iliould  be  any  deficiency  in  hta 
otfice,  sereral  circnm^^iances  had  concurred 
thereto,  as  Wikim  llie  lianker's  htoppin^  pay- 
ment^ g^r^ally  ludebteJ  to  hun,  Ponlter^s  going 
away  in  Wilson's  debt  18,000/.  and  upwards, 
alter  a  verdict  and  judgment  at  law,  and  Foulter 
in  actual  execution  tor  it ;  and  that,  as  he  had 
heard,  Wilson  had  then  lately  brought  an  ac* 
tion  of  escape  against  the  marshal,  and  reco* 
▼ered  a  verdict  against  him  for  the  like  sum  ; 
and  how  all  these  matters  would  at  last  come 
out,  Ihe  said  Eitrl  said  he  did  not  know.  Or  he 
expressed  hiuiselfto  that  ellect,  and  no  other; 
and  thereupon  ordered,  that  it  should  be  rc» 
ierred  to  Mr.  Edwards,  to  exikmine  whether 
the  s.iid  260/.  wat  deposited  with  Mr*  Dormer 
for  the  heuetil  of  any  parlirular  person,  and 
whom,  and  what  wa^  the  occasion  of  the  delay, 
that  the  said  conveyuivces  were  not  executed^ 
and  the  said  "200/.  purchase  money,  paid  out 
before  the  year  17 '20  ;  and  whether  there  was 
likely  to  lie  a  biss  off  any  money  deposited  with 
the  said  Mr.  Dormer,  and  that  upm  the  Mas* 
ter*s  re^Mirt  such  further  order  should  be  inutle, 
as  ghould  be  ju«>t  ;  and  Ihe  said  Earl  hopt:s  the 
said  order  was  very  jtroper  and  necessary,  and 
takes  the  liberty  of  repreaenttog  to  your  lord- 
ships, that  this  WM  fther  the  accounta  of  Ibe 
Masters  had  been  laid  by  the  siid  Earl  before  the 
lords  of  the  council,  and  b^id  Wen  lor  wime  time 
under  the  cousider.itit)n  of  thejudgea  and  othcrft| 
appointed  by  his  majesty  lo  tiiS[ieGt  Ibe  Mine. 


I 


T95] 


10  GEORGE  r. 


Trial  of  the  Earl  of  Maedeffield, 


[796 


XVI  r.  To  the  Serenteeuth  Article  the  Earl 
titith,  That  be  oerer  endeavoured  to  conceal 
the  deticiency  occasioned  by  Mr.  Dormer's 
foilure,  but  as  the  said  Earl  was  under  a  full 
uersuaston,  tliiit  the  sanae  would  all  in  due  time 
oe  made  good,  and  as  Mr.  Dormer's  effects 
were  oomiiigf  in  by  degrrces,  and  no  application 
was  made  to  him  by  any  of  the  persons  xon- 
cemed,  to  put  a  stop  to,  or  any  restraint  upon, 
the  payments,  he  did  not  think  it  incumbent 
upon  him,  er  officio^  to  make  a  declaration  of 
an  aTerage.  And  the  said  Earl  sailh,  that  he 
does  not  know  that  any  order  was  made  by 
him  for  Mr.  Edwards  to  pay  any  money  that 
had  been  l<^ge<|  ivith  Mr.  Dormer,  except  the 
order  aforementioned,  in  the  case  of  Chitty,  but 
believes  several  orders  have  been  made  by  the 
Court  for  that  pur|iose,  and  that  the  said  Mr. 
Edwards,  under  a  fivm  persuasion  that  the 
whole  deficiency  would  be  m^ule  i^cmmI,  paid  out 
the  whole  sums  so  ordered,  so  far  as  the  money 
then  in  his  hands  would  cxteud. 

XVIII.  To  the  Eighteenth  Article  the  said 
£arl  saith,  he  never  knew  how  the  Masters 
l&ept  or  disposed  of  the  money  and  effects  be 
lonjgriug  to  the  suitors  of  the  Court ;  and  as  he 
believes,  that  after  Dr.  Eddishury's  failure,  the 
then  Lord  Chancellor,  so  he  knows  that  alter 
Mr.  Dormer's  misfortune,  the  Earl  thought  of 
several  methods  to  prevent  any  inconvenience 
iipoo  the  like  accident  for  the  future ;  hut  they 
had  both  the  same  misfortune,  not  to  bring  any 
of  them  to  such  perfection,  as  to  venture  to  put 
them  in  practice. 

That  several  proposals  were  made  to  him  by 
the  persons  he  consulted  upon  that  occasion, 
but  none  that  he  believes,  it  will  be  held  crimi- 
nal not  to  have  then  established  ;  some  things 
were  proposed  that  he  thought  impracticable, 
some  insufficient,  some  inconsistent  with  that 
complete  regulation  he  hoped  to  make;  the 
objects  he  proposed  to  himself,  were  to  provide 
for  whatever  deficiency  might  happen  in  the 
office,  late  Mr.  Dormer's,  to  secure  the  suitors 
from  any  future  loss,  and  to  make  se\'eral  re- 
gulations relating  to  the  offices  of  the  Masters, 
and  he  thought  these  would  be  best  done  toge- 
ther, nor  had  he  perfected  the  scheme  of  any 
one  of  them  to  his  own  satisfaction  ;  he  remem- 
bers no  proposal  that  he  thought  would  take  it 
totally  out  of  the  power  of  the  Masters,  to  dis- 
pose of  the  se^unties  or  effects,  or  effectually 
secure  the  cash.  The  said  Earl  admits,  that 
he  did  not  demand  any  security  to  be  given  by 
any  of  the  said  Masters  at  the  time  of  their  ad- 
mittance, because  it  had  not  been  done  hy  his 
predecessors,  who  were  much  wiser  men  than 
himself,  nor  was  he  so  much  as  asked  by  any 
of  ihe  parties  intcrriited  so  to  do ;  as  to  what 
the  said  Earl  did  with  relation  to  the  accounts 
of  the  said  Masters,  he  hath  already  set  forth, 
and  saith,  that  he  gave  no  iieruiis&ion  nor  en- 
couragement to  the  Masters  of  the  Court,  to 
employ  or  traffic  with  tlie  suitors*  money  for 
their  own  gain  or  profit ;  he  owns,  that  with 
respect  to  the  aeourities  in  the  hands  of  tlie 
lowers,  be  uadeoo  geueral  order,  and  thiuki 


it  the  less  material,  because,  notwithstanding 
what  is  alleged  in  the  clofe  of  this  Article,  he 
believes  all  the  present  Masters  did,  in  De- 
cember last,  produce  all  the  securities  in  their 
hands,  and  thtf  Court  of  Chancery  hath  since 
secured  the  same  for  the  benefit  of  the  snitors. 
XIX.    To  the  Nineteenth  Article  the  said 
Earl  saith.  That  upon  great  considcratioo  of 
Mr.  Dormer's  deficiency,  and  of  the  dan^ 
there  might  be  of  furth<^  inconveniences,  with 
relation  to  the  money  and  effects  in  the  baadi 
of  the  Masters,  and  of  several  disputes  and  dif* 
ferences  that  had  arisen  in  the  Court  of  Cbaa- 
cery,  and  of  some  applications  of  the  said  Mas- 
ters, for  establishing  them  in  their  just  rigfcl^ 
and  of  some  practices  of  the  Masters,  wUek 
the  said  Earl  thought  ought  to  be  reforuMd; 
he  was  convinced,  that  the  same  was  a  workrf 
too  great  consequence  for  him  singly  to  attm|t| 
and  being  highly  sensible  of  his  mustsacredma* 
jesty 's  paternal  goodness  to  his  people,  dki  pfe> 
sume  humbly  to  beseech  his  majesMr,  as  the 
fountain  of  justice,  to  depute  some  of  his  most 
honourable  privy  council,  to  take  the  mattan 
aforesaid  into  consideration,  in  order  to  the  es- 
tablishing such  regulations,  as  might  tend  to 
the  honour  of  that  high  Court,  and  to  the  ad- 
vantage of  his  majesty's  subjects  being  suitors 
there :   which  request,  his  majesty,  out  of  hit 
wonteil  gomlness,  was  pleased  to  receive  very 
graciously,  and  uametl  several  lords,  and  etbcr 
honourable  persons  of  his  privy  council,  to  be 
a  coininitfee,  to  take  the  same  into  considera- 
tion ;  and  pursuant  to  his  majesty 'it  commaad, 
the  said  committee  met,  and  liegan  with  the 
accounts  of  the  said  Masters,  wherein  the  stid 
Earl  begs  leave  to  appeal  to  such  of  your  lord* 
ships,  who  attended  in  that  committee,  wbetber 
he  did  nut  contribute,  to  the  utmost  of  bif 
power,  to  have  every  thing  done  which  tbenid 
committee  thought  exftedient:    and  the  M 
Earl  sailh,  that  he  made  all  such   orders  li 
were  by  them  judged  requisite,  and  so  presirf 
the  execution  thereof,  that  not  only  the  ac- 
counts of  all  the  Masters  then  in  being  wera 
brought  in,  but  all  the  securities  in  all  their 
hands,  and  the  cash  of  most  uf  them  were  te- 
lually  lodged  in  the  Bank  of  England,  sad 
thei-etbre  the  said  Earl  is  greatly  surprised,  to 
find  himself  chargeil  with  obstructing  tlie  tak- 
ing those  accounts,  which  he  had  thus  desired 
might  be  taken,  and  contributed  to  the  lakitf 
of  them  with  all  his  power.    And  the  said  £sn 
saith,  that  he  never  thought  uf  preventing  i 
parliamentary  enquiry,  any  otherwise,  than  by 
making  it  unnecessary,  and  procuring  to  the 
suitors  a  full  redress  of  all  their  grievances,  sad 
rectifjr'ing  whatever  he  found  amiss,  and  tbit 
he  looked  upon  to  be  his  duty,  and  begs  leafe  ' 
to  say  it  here  once  for  all,  in  answer  to  all  the* 
scveral  insinuations  of  that  kind  contained  ia  • 
the  Articles. 

And  the  said  Earl  further  saith.  That  while 
the  said  accounts  were  taking,  every  one  el 
the  said  Masters  declared,  over  and  over,  thil 
they  had  efiects  sufficient  to  answer  their  whilt 
accounts,  and  the  luid  Earl  firmly  ^  *'     ' 


fitf  High  Crimes  and  Mi&demtmmrs*  A,  D.  17U*  [798 


WBtA 


Liriih  I 


lii»  tAmc  tn  tw  true,  and  ns  a]l  of  them«  tbut 
bf«  «mvr  {^hirli  he  believes  were  alJ^  or  at  Iroit 
lU  but  iMr.  Kynnslon)  had  lold  the  Kaid  Earl| 
II104  (^r  -  nhle  to  iinsncr  their  acrouitis; 
tnd    V  hroti^ht  ihejr  aecuntils  to  the 

■.„, ,,  .A.,   iiim  tu  by  before  tlie  faid  com- 
I,  BIr.  Uollbid  bad  vt^role  under  his  a c- 
fottie  decUrMliou  to  that  etfect,  and  fioiiie 
^of  tbcuif  as  he  remembers  hiid  made 
if   iomc    othiT   €X|>ression»,    which    he 
uKKil^ht  not  so  )jro(»er ;  and  suiiir,  ha  he  fie- 
,  bad  wrote  noili'mif  (but  he  cannot  div 
I  the  pcij^oiis)  and  the  siiid  £arl  tliink- 
rhei)  th#?  *iaid  accounL*  came  to  be 
I  lUce  of  council  hy  htm,  il 

I  I  the  »iati>e  ihmi;  shoatd 

Hi  nj  Li>e  commhlee,  wbk'b  had  betn 
titin  iing'ly*    he  advUcd  thetn    all  to 
\  aaaie  words  under  tbeir  accounts,  and 
I  theut,  in  g^reat  sincerity  and  frien(Uhi|», 
^tt  a  t'mie  \vhen  so  many  men's  mouths 
>op€n  B^'^j.Jn^t  th(fm  as  insoltcnt,  it  would 
>r  ihf  ir  luiik'iur  and  interest  to  inuke  it  an- 
were  able  and  KuliHctent,  as  lie 
1  liom  to  he,  but  never  thought  o^^ 

•  contrivance  to  have  ihem  dcceittully  appear, 
ttr  term  ivbat  they  really  ^ere  not:  and  he 
m  tbey   did  tJien    witlidraw   to   make  the 
mteri^itron,  nr  at  leait  so  many  of  them  »hose 
I  were  then  ri^ady  ;  and  soon  after  de- 
tViera   in  the  said   EarU  i^ho  carried 
bim  to  the  (Tonunittee  of  council, 
he  WAS  then  going,   vrithout  tookiiit; 
WJXk  ;    but  upon   rcadin^^  them  ut   the 
i  was  ob«erved  that  ttiey  had  not  all 
same  word^,   havtni;   varied  rnnm- 
idj,  but  what    any  of  the   subscriptions 
i%arft,  fiecatitiot  take  upon  him  to  set  forth. 

Itbc  said  Uarl  further  saith,  That  a  sub- 

r'^«f»i  order  beini;^  made  by  the  said  Earl, 

\  Masters  to  nro^luce  their  securities, 

'     r:i«b,  before  tno  perftuns  appointed  to 

Libeir  accounts,  tbcy  made  ^reut  com- 

I  that  nn  many  hundred  thousand  pounds 

rcfpjired  at  so  bhort  a  warniii^f  and 

af  ihcm  »«ying«  that  though  tbey  had 

I  suthcirntf  and  could  raise  the  %vhole  ^if 

^^  bad  a  hi  lie  timet  debited  the  said  Ewrl  to 

Tlier  time  ii»r  tlint    ,  -,  but 

nth,  ill  at  he  rei  ii  to 

md   rai-ic   it    .i...ti<  i^. lately, 

;>tce  they   had  ed'ecl*  tu 

:  ji^ht  (itid  IrtLniU  lo  lur- 

iry  ;  and  biliev*^  be  did  say,  that 

Ktr  oivu  brethren  tnijj^Iit  perhaps  t>e 

let  Ihrru  have  money  till  thejr  could 

an^'il^rr  way, 

t  ihtm  did  supply  others  uitb 

(*riwrlur>r,  only  to  make  a  fnilse 

,  and  rea- 

^iCcount*(, 

ii  kint""^  iiuMiiui^  or  »i,  i\\n\  is  sure 

lihc  leait  eocounigi:ment  Irom  bim 

T^lbe  Twentieth  ArtlcJe  the  naid  Earl 
f^Thal  tl  nwer  rntcreii  into  \\i%  thoughts. 


^Miy 


any  of  the  money  belonging  to  the  tnilnrt  of 
the  Court  for  his  own  private  adfnntrt;je;  but 
lielieves*  tliat  in  OeCemlier  17V0,  havinif  oeea*' 
sion  for  the  Bum  of  1^600/.  and  nKkiitLT  his  ?»e- 
cretarvi  Mr,  4JotUnj;fham,  wbclhir  Uv  could 
lend  iiiiu  the  Biuue,  he  saiil  he  could  nor,  hut 
would  pr*»cure  it  f>r  Inm ;  and  accordiufjfly 
borrowed  tlic  same  from  Tilr.  Godlrcyt  one  of 
the  Masters  of  the  said  Court,  and  the  said 
Earl  gave  his  own  note  for  payment  thereof 
to  the  said  Mr<  Godfrey^  and  in  February  foU 
lowinyr  repaid  1,000/.  part  of  the  «4id  princi- 
pal f*uiii ;  but  in  the  same  month  of  Pt^bruary, 
1720,  ujwn  a  fresh  occasion,  borrowed  agam 
part  of  the  said  1^000/.  ao  paid  t>ack,  and  m 
note  or  notes  were  given  for  the  (ray men t 
thereof;  and  some  time  af^er  the  Earl  ordered 
the  whole  money  burrowed  of  the  said  Mr. 
(todfrey  fo  be  paid,  with  all  the  interest  duft 
tor  the  same ;  and  the  said  Godfrey  receiv eil 
the  priucipnl,  but  would  not  be  pre  railed  uport 
lo  lake  the  interest,  or  any  part  thereof;  and 
the  SHtd  Earl  saith,  that  alLtbe  said  money 
was  repaid  withiD  the  compasa  of  a  year  a  tier 
it  was  norrowed  \  and  the  said  Earf  declares, 
that  be  never  received  or  borrowed  any  aum# 
of  money  whatsoever  of  any  of  the  Master* 
of  the  said  Court,  except  as  above  set  forth. 

XXK  To  the  one- and -twentieth  Article  the 
said  Earl  saiih,  That  upon  the  strictest  review 
of  his  own  behaviour,  during  the  time  he  bad 
the  honour  of  serving  bis  moat  sacred  maje«tjr 
in  the  office  of  Ix>rd  Cbaucellor,  he  is  not 
conscious  to  himself  that  he  ever  did,  in  any 
illegal  or  arbitrary  manner,  extend  his  power, 
or  the  power  of  the  Court,  beyond  thdr  lawful 
and  just  bouuds,  or  that  he  did  arbitrardy  or 
illegally  assume  to  himself,  as  Lr)rd  Chdo- 
cellor,  or  by  colour  of  his  office,  any  unjusf 
and  unlimited  power  of  dispensing  with,  sus- 
pending, or  controuling  tbeiawa  or  Ktatntes  of 
this  realm,  or  that  he  any  ways  oppres^eil  the 
suitors  of  the  Court,  or  waa  gudtv  of  any 
breach  or  violation  of  the  righti  or  hberties  of 
the  subject,  or  of  his  own  oath,  as  l^nA  Chan* 
eetlor ;  and  with  regard  to  the  particular  cotu« 
phiint  againiit  him  in  this  Artictt*,  the  said 
Earl  saitb,  Thnl  Ituchel  Tyson,  in  the  Artick 
namcd^  as  the  Esirl  is  informed,  cauvetl  a  UUl 
to  lie  exhibite<1  in  the  Court  of  CUai^cery,  in 
the  nunir  of  her  son  and  daughter,  in  the  said 
Article  likewi&e  mentioned,  by  their  f)rochi<t^ 
amtft  n<j;iiiusi  herself^  and  the  >*aid  John  TviiOD 
and  others,  to  have  the  truvts  in  the  will  of  her 
late  husbanil  duly  performed  ;  and  the  same 
was  brought  to  hearing  at  Ibe  Itytk  the  7th 
diiy  of  July,  1718,  and  by  ibe  dcrrrr  tlien 
made,  it  was  amongst  other  th'tir  1^ 

upon  the  prayer  Us  the  Raid  Earl  d 

and  believefk)  of  the  counsel  employed  by  the 
said  Rachel  Tyson,  thai  a  receiver  sUoufd  be 
afipointed  of  tbe  r^'nt^  and  pridiia  of  the  reui 
eiftat^,  who  was  to  ha vo  a  sidury  allowed  him, 
and  power  to  let  and  sit  the  *aid  esintet  as  there 
shouhl  be  occasion,  with  the  approbation  of 
the  M:i*ter,  to  whom  the  caus^.'  was  rci>:rf  ed  1 


uae  of,  nor  did  be  ever  make  uie  of  |  and  Ui«  said  Etrl  aaith^  ibat  in  cE«»cutu»tt  a# 


»99] 


10  OEOKGE  I. 


Trial  of  the  Earl  ofMaccIeffieU, 


[800 


that  part  of  the  decree,  which  directed  a  re- 
ceiver to  be  appointed,  the  Master  haTiDK  cer- 
tified, that  he  had  appointed  John  Nicholas, 
es<|.  to  he  the  recei?er  of  the  rents  and  profits 
of  the  said  estate,  the  said  John  Tyson,  thiuk- 
Itkg  himself  aggrieved  thereby,  did,  in  the 
usual  course  of  proceedinffs  in  the  said  Court, 
cause  exceptions  to  he  filed  against  the  same, 
and  unon  the  arguing  thereof  before  the  said 
Earl,  liy  coun»eT of  both  sides,  affidavits  were 
read,  to  shew  that  the  said  John  Nicholas  was 
an  improper  person  ;  that  the  said  testator  had 
declared  in  bis  life- time,  that  the  said  John 
Nicholas  by  name  should  not  have  any  thing 
to  do  with  the  management  of  his  estate ;  and 
that  a  considerable  part  thereof  consisted  in  old 
booses  and  water- wurks :  and  the  said  Earl, 
upon  a  *full  hraring  of  both  parties,  was  of 
opinioo,  that  the  said  John  Nicliolas  ought  not 
to  be  appointed  the  receiver;  and  upon  the 
proposalof  the  said  John  Tyson,  then  in  Court, 
ordered  Robert  Do v ley,  esq.  to  be  receiver,  he 
ffiving  security  to  be  approved  of  by  the  said 
Master ;  which  order  was  made,  as  he  believes, 
on  the  15th  of  January,  in  the  year  1718 ;  and 
affirmed  upou  the  re- arguing  the  said  excep- 
tions on  the  6th  of  March,  in  the  year  1718; 
since  which  time  the  parties  interested  have 
never  thought  fit  to  complain  thereof  to  your 
lordships  by  appeal,  in  order  to  have  it  reversed, 
as  mistaken  or  unjust,  though  now  the  making 
thereof  is  complained  of  as  a  crime ;  and  the 
said  Earl  is  not  ashamed  to  own,  that  he  was 
Tery  well  acquainted  with  the  said  Robert 
Do V ley  for  some  years  before  the  said  order, 
and  believed  him  to  he  a  person  of  great  honour 
and  integrity,  application  and  exactness,  and 
believes  there  are  several  persons  of  distinction 
to  whom  he  had  the  honour  to  be  known,  who 
had  the  same  opinion  of  him ;  but  the  said 
Earl  did  not  appoint  him  receiver  because  of 
his  own  respect  for  him,  but  because  he  was 
named  by  the  said  John  Tyson,  who  was 
uncle  of  the  said  infant,  and  executor  of  his 
father*s  will  in  trust  tor  him,  and  by  the  same 
will  appointed  his  guardian  in  case  of  his 
mother's  death  or  marriage,  and  to  whom  the 
said  testator  had  devised  the  said  estate,  in 
case  of  the  death  of  the  said  infant  without 
issue  male,  and  whose  interest  it  therefore  was 
to  take  care  of  the  infant's  interest  in  that  par- 
ticular; and  the  said  John  Tyson  and  sir  Cesar 
Child  (whose  daughter  the  said  John  Tyson 
bad  married)  had  such  confidence  in  him,  the 
said  Robert  Ddyley,  that  upon  the  18th  day 
of  March,  1718,  they  entered  into  a  recog- 
nizance, together  with  |iiro,  in  the  penalty  of 
7,000/.  for  the  said  Robert  Doyley's  duly  ac- 
counting for,  and  paying  the  money  he  should 
receive  out  of  the  said  infant's  estate ;  and  the 
said  Earl  saith,  that  no  complaint  was  ever 
made  to  the  said  Earl  a^inst  the  said  Robert 
Doyley  to  the  time  of  his  death  ;  but  he  owns 
that  be  hath  heard,  that  upon  the  Master's 
stating  the  accounts  since  Christmas  last,  thera 
does  appear  due  from  the  said  Robert  Doyley 
ib»ttt  two  tbuusaud  and  fife  or  six  hoirareil 


pounds ;  but  believes  there  is  not  auy  fear  or 
doubt  but  that  the  same  is  very  well  secarsd  by 
the  said  recognizance. 

And  the  said  Earl  saith,  Tliat  hm  decs  nst 
remember  the  particular  expressions  used  by 
the  counsel  or  himself,  u|ion  arguing  or  re- 
arguing ttie  said  exceptions,  hut  be  cannot  be- 
lieve that  any  counsel,  of  great  ability  aud  ex- 
perience in  tne  saiii  Courts  woukl  hare  tbouf  bt 
what  the  said  Earl  did  extraordinary,  mscfa 
less  would  have  used  such  an  expression  ts  ths 
said  Earl  at  in  the  Articles,  which  is  an  iode* 
cent  censure  of  his   proceedings;    and  bire 
bein^  a  decree  in  this  ease,  approved  of  by  ail 
parties,  that  a  receiver  should  be  appointed  If 
receive  the  rents  and   profits  of  the  bfNlk 
estate,  the  said  Earl  is  at  a  loss  to  uudentesi, 
how  the  fixing  on  the  person  to  he  the  recam, 
upon  good  security,  to  account  for  and  piy 
the  same  for  the  infant's  use,  is  reviving  tke 
Court  of  Wards,  whose  business  it  was  to  tike 
the  rents  and  profits  of  the  infant's  estate  for 
the  king's  use,  without  accounting  for  any  if 
them  to  the  infant,  but   barely  proyidiog  s 
maintenance  for  him,  at  the  discretion,  pc^ 
haps,  of  some  grantee  of  the  custody. 

Thus  the  said  Earl  iias  laid  his  case  bdbit 
your  lordships,  and  dotb  further,  for  answer  ts 
all  the  said  Articles,  say.  That  he  isDOtjfidqr 
of  all  or  any  of  tiie  matters  contained  u  die 
said  Articles,  or  any  of  them,  in  manner  asd 
form  as  they  are  therein  charged  against  bin  9 
and  the  said  Earl  doth  further  insist  upon  tbt 
benefit  of  his  majesty's  most  gracious  and  ge- 
neral free  pardon,  {rranted  to  all  his  sobJM^ 
(not  therein  excepted),  in  and  by  an  act  of  pi^ 
liament  for  that  purpose  made  in  the  7th  jcif 
of  his  majesty's  reign,  iu  bar  o^  and  in  bis  ile* 
fence  a^^ainst  the  said  impeachment,  sod  the 
said  Articles  exhibited  in  maintenance  tberea( 
and  all  and  every  the  proceedings  thereopoif 
so  far  as  the  same  extend  to  any  neglecl, 
ofience,  or  misdemeanor,  or  supposed  neglecti 
oflTence,  or  misdemeanor,  or  any  other  set, 
matter,  or  thin^,  suffered,  done,  or  comroittedf 
or  omitted  bv  nim  the  said  Earl,  before  th* 
24th  day  of  July,  in  the  year  17 «1,  and  dotb 
humbly  insist,  tliat  no  evidence  ought  to  be 
given  against  him  for  or  concerning  any  of  tlMj 
matters  or  things  aforesaid,  in  and  by  the  w 
Act  pardoned,  or  any  of  them  ;  and  dotb  artff 
that  he  is  not  within  any  of  the  exception*  i" 
tlie  said  Act  contained.  MAccLESftoA 


The  Commons  Replication  to  thb  Ah- 
swER  OF  Thomas  Eahl  of  MACCLif* 

FIELD. 

The  Commons  have  considered  the  Ansfftf 
of  Thomas  earl  of  Macclesfielil,  to  the  Artieltf 
exhibited  against  him  by  the  knights,  citiiM 
and  burgesses  in  parliament  assembled,  *'Am' 
serve,  that  the  said  Earl  hath  indosirissaf 
avoided  jfiving  a  direct  and  particular  Assfftf 
to  several  matters  positively  and  certaialyv^ 
laged  against  htm  in  the  said  Article!^  wim' 


Ml  J^  ^'S^*  Crinteg  and  MisdemeMnors, 

kibe  nature  of  the  tacts  Uiemselves,  must 
itrily  lie  in  his  own  Kuowledge,  and  liath 
ttctnpl^d  to  ilis'^uibe  nod  cover  the  real  crimes 
*  1  to  hb  cljiti'^i?,  by  immaterial  and  evasive 
OS  ot  invU  of  &  diU'erent  nature  ;  aniJ 
bjT  parts  of  the  mfmi  Answer  are  contra- 
'  '1   wiiii   each  other, 

imlyour  lordships* 
iii.*u  jwv.^i..tri..  .   y^,  die  Connnons  bt^in;^ 
\  to  maintain  the  truth  and  justice  of  their 
lAion,  am  nilhD^  to  ehler  iuto  the  due 
ittioii  thei'oof :  atid  do  nvcr  their  Charge 
fh  Crimes  and  ^Ti&demeauors    against 
icaid  Thomiwearl  otMacclcfifiuld  to  be  true, 
1  that  the  said  Ear)  is  ^ilty  in  such  man- 
as  be  Bt:ind8  inifieached  ;    and  that  the 
anions  will  be  ready  to  |iro»e  their  Charpe 
ftiitjit  him,  at  i%uch  convenieut  time  as  shall 
Appointed  for  that  purpose. 


» C.  J.  King,    GeDllemen  of  the  House  of 

Tnay  proceed  as  jou  please, 

M  'u    M^  lord&,  the  Commons 

eni.  iMihntj  in  parhament  assembted,  hcire 

t  mf  their  indispensable  duly  to  his  sacrej  ma- 

Dd  yLu9\  far  the  security  of  the  estates 

ties  ot  their  fellow  subjects,  exhibited 

» of  Hi^rh  Crimes  and  Misdemeanours 

'the  earl  of   Macclestield^    late    Lord 

Itor  of  lireat  Britain^  complaining'  of 

rfajsgerous  and  corrupt  practice s^  msny 

aod    brinouB    oAifnce-s    committed 

ktbt  good  and  vpholesoroe  taws  and  sta- 

fthta  realm. 

^  first   am)   principal   accusation  of  the 

ns  IS,  That  thf  Karl  at  the  bar,  ^vhilst 

Kioued  in  the  ofTice  of  Chancellor,  did 

f  and  corruptly  ui^ist  upon,  and  lake  of 

ons,  sevcT^l    g-reat  and  e\^orbitaat 

Boney,   in  order  to,  and  before  their 

itilu  their    ofQcex    of    Masters    in 

try  ;  and  th»t  tho«c  ofBct's  eoncern  the 

ation  of  ju*ilice  in  thai  Court. 

my  lords,  h  a  rhuii^e  of  the  deepest 

ac  crinu-  alleged  strikes  at  the  very  root 

/sell;    it  is  the  essence  and 

)y,  that  justice  sbnnld  be  ad« 

\  with  deamesa  and  impartiality,  that 

lie  may  sit  easy  under  tne  wings  and 

on  of  the  laws,  and  their  propertica  be 

from  unjust  ioTaaions.      In  the  pro- 

^  the  Chargtp,  your  lordships  will  ob- 

'  at  almost  ail  the  other  crimes  and 

of  which  this  noble   person 

,  are  lubaervicni  to  this  chief  de- 

together  vast  and  immense 

Pipoaey,  and  that  they  have  a  tentlency 

riheirrice  of  these  offices;  whethrr 

f  ba  acts  of  unjust  oppression  ;  of  wilful 

il  or  of  partial  and  unequal  iKlminislra- 

atioe ;  whether  they  be  acts  of  open 

iff  dtiiv.  or  ofuf'fTf't  aiifl  iiri\aie  in* 

the  ftamvi  qui? cr,  difH   in  the  same 
eiauo,  and  directed  tu  the  same  mark. 

fer  til  set  Oiii  is  Uif  ckareii  ligbt,  1 

iJkVI. 


most  gp  on  and  obsene,  Thattlif 
charge  in  the  oext  place,  that  insiii  i  - 

sons  were  found  out  Jind  pitched  Uirt>n  Ui  be  ;t*l- 
mitted  Masters  of  the  Court ;  men  of  small 
substance  and  ability,  no  ways  lit  to  be  entrust-^ 
ed  with  the  great  sums  of  money  and  ellects 
lodged  in  thtir  rt^speclive  hands. 

My  lords,  the  natural  qualities  and  endow- 
ments requisite  to  recommend  men  to  so  great 
a  trust,  onght  to  hare  been  hone*ty  and  pro- 
bity ;  the  acquired  onfrs,  those  of  knowledge 
and  experience;  without  a  due  mixture  of 
these,  it  was  very  hazardous  to  admit  any  into 
trust:  but  no  doubt  credit  and  competency  of 
fortune  were  ingredients  perfectly  necessary  ;. 
because  whate^  er  loss  or  misfortune  might  at- 
tend the  manngcment  of  a  Mastic  so  accom^ 
plished,  in  the  ordering  the  auitora'  money, 
here  might  be  some  provision  coming  out  of  hie 
estate  to  make  reparation.  Your  lordshipa 
will,  no  question^  at  the  first  fiew,  Ihiok  it 
carries  an  odd  appearance,  when  this  unfor* 
tun  ate  Earl  had  resolred  within  himself,  at  all 
hazards,  to  raise  exorbitant  and  immense  trea- 
sures out  of  the  sale  and  disposal  of  the  Mas- 
ters* places,  bow  it  should  answer  bis  corrupt 
desi|^nis  to  admit  into  them  persons  of  small 
substance,  and  some  of  almost  desperate  for- 
tunes, utterly  unable  to  lay  down  the  fast 
prir-eei  those  ofEces  were  sold  for  at  public  auc- 
tion :  but^  m^  lords,  the  rastness  of  the  prtoa 
was  no  objection  or  discaurogement  to  a  person 
already  undone,  provided  he  might  be  made 
easy  m  the  manner  of  payntent,  and  run  no 
hazards.  Men  ot^  substance  mi^ht  very  well 
be  afraid  to  jt resent,  z&  his  lordship ^s  phrase  is, 
a  whole  estate  at  once  for  an  uncertain  ani 
precarious  prospect,  either  of  success  in  the 
office,  or  of  life  or  health  to  enjoy  it ;  so  that 
the  fittest  engines  and  instruments  to  efiect  Iba 
noble  lord^s  purposes,  were  men  of  small  and 
sheltered  circumstances.  And  therefore  the 
Com m Otis  go  on  and  charge,  that  there  was  a 
fraud uleot  ant)  unwarrantable  method  made 
use  of  in  paying  for  the  Musters*  offices  out  of 
the  very  money  belonging  to  the  innocent 
suitors  of  the  Court ;  that  this  practice  was  no- 
torious and  public,  and  the  person  at  the  bar 
well  acquainted  therefrith.  Your  tordshipr 
now  observe,  that  the  greatest  difficulty  of 
all  to  an  indigent  person,  vi*.  the  payment  of 
the  money,  was,  by  ihts  dangerous  aud  un» 
justifiable  contrivance,  totally  removed,  and 
when  a  uiau  was  neither  to  ue  out  of  pocket 
himself,  nor  thrown  iuto  any  fears  and  ap* 
prehensions  of  being  questioned  for  misap* 
idyiug  the  suitors'  money,  is  it  at  all  to 
he  wondered  at,  that  the  price  of  these  of- 
fices should  swell  to  that  bignes9,  n»  tonfi^ 
to  be  the  topic  of  conversation  in  tho  world 
about  us,  aud  at  last  t»ecome  the  subj«>etofa 
national  enquiry  ?  This  scandiilouH  mt^tltod  of 
payment  is  of  the  most  mati^^naut  kind,  and  m 
suitor  is,  coutmry  to  the  taw  of  nature,  made 
the  instrument  of  bis  own  destruction  ;  hie 
substance,  which  ought  to  be  hLS  aiipi»ort  and 
relief,  is  Itir&ed  ta  bit  oppre^itni,  or  if  pat  i  quIj 

$  F 


I 


«»] 


10  GEOllGE  I. 


Trial  qfihe  Earl  ofMacdfsfiMf 


[80« 


be  taken  from  him,  it  is  in  order  to  arm  ano* 
ther  to  dispossess  him  of  the  rest.  I'be  great 
person,  whose  dut^  it  is  to  protect  his  property, 
IS  the  promoter  orliis  loss,  and  is  the  more  un- 
pardonable in  it,  as  he  turns  that  loss  to  his 
own  advantase.  If  it  be  a  thing  universally 
condemned,  for  a  person  in  the  Earl'slate  high 
station,  to  borrow  a  suitor's  money  without  his 
Jcnowledge,  notwithstanding  he  offers-a  mode- 
rate interest  for  it,  because  it  is  encouraging 
the  Masters,  by  his  own  example,  to  lend  out 
■urns  with  as  much  justice  to  otiier  people,  how 
infinitely  g^reater  is  this  offence  P  If  it  be  a 
erime  to  put  men's  properties  to  hazard,  how 
nueh  blacker  is  it  to  take  them  to  one's  self, 
and  incorporate  the  widow's  mite  with  one's 
own  heap !  But,  my  lords,  when  such  prodigfi. 
ous  sums  were  extorted  from  the  Masters,  could 
it  be  any  mystery  how  they  were  to  re-imburse 
themseff  es  ?  For  although  they  paid  no  money 
•f  their  own,  yet  they  made  themselves  ac- 
countable for  what  they  used  of  the  suitors : 
was  it  not  an  obvious  consideration,  that  if  they 
dared  pay  for  their  employments  with  part  of 
the  trust-money,  they  meant  to  traffic  and  game 
with  the  remainder  too  P  They  came  in  Ijlasters 
upon  such  terms,  for  no  other  purpose  but  to 
pillage  and  fleece  those  under  their  care.  What 
must  be  the  natural  and  unavoidable  conse- 
quence of  lodging  in  their  hands  such  uncon- 
troulable  and  licentious  power  over  their  cash, 
but  that  the  first  ill  run  would  crush  them  at 
once,  and  pave  the  way  lo  great  deficiencies  ? 
But  lest  the  prospect  of  so  calamitous  a  case 
ahould  deter  the  most  greedy  from  contracting 
for  a  Master's  place  on  terms  the  most  inviting, 
you  will  see,  in  the  series  of  tliis  affair,  what 
■hifls,  what  artifices  were  employed,  to  hide 
•uch  a  miserable  scene  from  the  eyes  of  the 
worU.  For  the  Commons,  in  the  next  place, 
charge,  that  Fleetwood  Dormer,  esq.  having 
emb«sz1ed  great  part  of  the  effects  belonging 
to  the  suitors  of  the  Court,  died  iudebte<l  to 
them  in  divers  sums  of  money,  amounting  in 
tlie  whole  to  25,000/.  and  upwards;  that  the 
Boble  lord  at  the  bar  has  not  made  any  proper 
enquiry  into  Dormer's  deficiency,  taking  no 
care  about  his  effects,  but  has  endeavoured  to 
Jiide  and  conceal,  from  the  suitors,  the  state 
and  condition  of  the  office,  and  that  this  con- 
cealment was,  lest  a  public  tliscovery  of  the 
deficiency  might  lessen  the  unjust  gains  he 
proposed  to  himself  from  the  sale  of  the  Mas- 
ter's places.  Your  lordships  observe  here,  that 
one  accusation  is,  a  great  and  manifest  neglect 
in  the  execution  and  discharcre  of  his  duty;  a 
wilful  and  deliberate  neglect ;  not  arising  from 
the  infirmity  of  human  nature,  but  growing  out 
of  the  corruption  of  it ;  mili^^ted  by  no  one 
shadow  of  excuse,  but  aggravated  by  the  at- 
tendance of  inaoy  foreseen  ill  consequences. 
if  an  office  abused  in  the  most  fatal  manner,  on 
the  brink  and  precipice  of  utter  destruction^ 
was  not  a  proper  object  of  his  immeiiiate  in* 
■pection,  no  wonder  the  most  orosperous  offices 
did  not  deserve  hit  care ;  what  Master,  w!)0 
WM  an  eye-  witnen  of  thm,  wonM  bo  under  that 


decent  and  necessary  awe  of  the  preiiding  per- 
son, and  keep  himself  within  the  just  boondi 
and  limits  of  his  office  ?   This,  my  lords,  ii  m* 
deed  a  wilful  neglect :  but  if  you  look  on  it  is 
another  light,  in  order  to  conceal  the  dcfia« 
ency,'that  the  value  of  the  Masters*  places 
noight  not  be  run  down,  it  will  appear,  in  its 
worst  colours,  an  artifice  to  support  anil  carry 
on  a  fraud,  a  contempt  of  duty  for  the  sske  of 
corruption.    The  series  of  the  accusation  wiH 
evidently  shew  that  the  Earl's  heart  was  set 
upon  this  concealment :  for  we  shall  now  fisd 
him  beginning  to  display  his  utmost  ingenoity; 
here  was  an  accident,  which,  unless  great  cart 
were  taken,  would  entirely  frustrate  and  Ust 
up  his  designs ;  were  Dormer's  defideoey  di- 
vulged abroad,   and  the  whole  body  of  ii 
suitors  (who  had  sure  a  right,  even  fron»  0M» 
passion,  to  be  taken  care  o¥}  made  aoqaaialel 
with  the  ruinous  condition  of  his  office,  who 
would  answer  that  the  government  itself  bb^ 
not  have  been  alarmed,  and  a  public  inspectws 
made  four  years  ago  into- the  other  Masters' is- 
counts  too  ?  The  ^dread  of  a  public  examioaliea 
now  overbalanced  all  other  considerations;  asi 
as  some  of  the  suitors  (whose  intelligenee  mi 
sagacity  were  better  than  the  rest)  were  deilj 
pressing  and  soliciting  for  their  due,  the  offioe- 
money  embezzled,  no  care  taken  to  seeaie 
Dormer's  effects,  all  supplies  and  demasdi  M 
Wilson  cut  off  by  the  wretched  and  imwairiBi- 
able  composition  made  for  the  suitors  widuMt 
their  consent  or  knowledge:   these  distiisHi 
and  difiiculties  pressing  and  surroundiog  thii 
unfortunate  Earl,  it  was  necessary  some  DCSr 
sures  should  be  immediately  concerted  to  peep 
and  support  this  tottering  office ;  and  therobrtf 
my  lords,  you  will  now  find  him  arming  hiBH 
self  with  the  weapons  of  authority  and  ascoa- 
troulable  power,  and  playing  the  tyrant  uadtf 
the  specious  pretence  and  colour  of  duty.   Fo^ 
tlie  Commons  go  on  and  charge,  that  the  ptf- 
son  at  the  bar,  during  the  time  ho  was  iM^ 
Chancellor,  made  an  order  for  the  Mastcis  I* 
bring  in  their  respective  accounts  of  the  ciih 
and  securities  in  their  bauds  ;  (a  very  prep' 
inspection,  no  doubt,  had  it  been  well  destgaed) 
but  your  lordships  will  observe  the  charge  i^ 
that  this  was  done  to  terrify  and  induce  Ibe 
Masters  to  contribute  money  towards  Dormer^ 
deficiency  ;  to  conceal  the  true  state  of  the  d^ 
ficiency  from  the  knowledge  of  the  worU :  ■>* 
they  further  allege,  that  iu  pursuance  of  tv* 
intimidating  order,  money  was  contributed  ^ 
that  purpose,  part  of  which  we  shall  prove  t» 
lie  paid  since  the  Act  of  Grace  on  the  lldi  ef 
August,  1721,  and  that  those  accounts  vf*    { 
not  insisted  upon  after  that.    My  lords,  1^ 
proposal  met  with  its  deserved  oppositioo  fteA 
the  Masters  ;    however,  the  apprebeniioo  ei 
losing  the  c;ish  and  ellects  prevailed  it  M 
the  point  was  carried,  and  the  sum  accordiDSl]r 
contributed.     AVhen  your  lonkhi|M  have  ei^ 
just  now  seen  that  tliere  was  a  very  visihleiiv    i 
designed  neglea  iu  forbearing  to  enquire  vt^ 
Dormer's  ef^cts,  and  to  go  to  the  bsttesir 
bis  deficiency ;.  is  it  to  be  iaaagined,  thi<  A* 


fir  Htgk  Crimes  and  Misdemeanors, 


A.  D,  1725* 


fbif  Ike  itatc  of  lii^ir  nccoiuiH  cnuM  be 
It  6f  ri^biici*  timl  liiity  ?     No  mnn  can 
»;  Wort'  iljey  ever  »jsis»cil  upoo  Blti?r 
cnbifibutjori  ?     His  lonlBtii(}  knows  ihey 
irrre  ;  if  lUe  reJil  4hr&i;(ii  fiun  to  search 
IftOiiiiff  lliem,  it  wns  as  proper  a.  time  ta 
W  ll»c  J  till  of  AujTiiEt  Its  before ;  noboily 
tbey  nere  in  a  bettrr  contUiiun,  tb« 
bill  tbe  fiiinie  IVee  power  o(  their  cash., 
periofi  Rt  th€  bar  had  as  tJtep  a  sense 
*i»v  «'>^''  '>>^r  rlay,  sure^  as  before,     if 
'  >oriiicr  jBfave  occnsiun  tu 
,    ;u'Ji)  into  the  gen* nil  cooiJi- 
it  ofiices,  how  catiMi  it  about  ttie 

r  carrM  into  practice,  till  his 
y,  out  ol  compMiiofl)  ami  paternAl  c^ood- 
to  his  opi>fe8»cd  people,  tr^^e  directions 
^"It  endf     rije  deficiency  of  Dormer  coti* 
M\t  and  yet  tbi!  Earl  impeached  has 
rcguiations  in  the  offices,  examinetl  no 
during  the  ninu  lie  rero«incd  in  that 
;  nor  set  up  any  ligbtSjor  land-mark?, 
\hY  the  preisrut  deficient  ]\fu;»ierii  iiiii^bt 
cfenred  the  rock*  on  \vbich  they  have 
No,  tjiy  lofrls,  this  was  only  a  pretence 
eiTregulaliog' ;  a  dinsimuliv  -   '^^   'ny,  for  the 
concealment  of  [lo J  mN,     Be- 

le proposal  that  ilm  .U.:  ...^  .liould  cou- 
to  the  patching  up  a  dt  ticiency  in  ano- 
l<iffice,  it  unjust  in  itsetf,  and  faul  in  its 
ioe»     Can  any  liiinif  be  more  repu^- 
justice  than  to  oblige  one  (ter^ou  to  re- 
let of  anotlier,  incurred  uitbout  his 
Orltutt?     Or  nliere  is  the  advan- 
to  the  offices  in  sjt'neral,  allowing'  il  to  be 
U  Ilornjer's  dclintticy  be  supplied  out 
otiiceif,  will  not  tliote  otiices  miss  lliuse 
and  he  as  much  irnporerished  in  the 
i1,  Mi  Dormer^s  is  meniled  in  particular? 
Jy,  my   lords,  there  needs  no  reasoning 
ibb,  t1     '''  -  "  speaks  tii*elf*    The  Com- 
Uki'  i  !i  alu^rnatire  in  this  Arti- 

^Otafi«'red  u.  t,,.      .,.siers  cither  to  consent  to 
eonLnhutioii,  or  tu  he  itnntediatcly  Gripped  of 
ushaui^  iilrris  L  sri  ifi:ii  i^.ujti  n:i V in^*" down 

>  (jotirtned 
I  I  -•»  he  pays 

anil  riioeivii  Ins  iea*te  of  knavery  and 
y  ;  his  hooks  may  be  kppt  as  close  from 
I'Unti  as  lUc  honks  of  tbe  Sybils,  they  cori- 
ilikc  the  ilc^uny  of  mankind,  and  he  may 
R  With  atitbority  to  prey  upon  the  proper- 
of  Ui«  fatheilest)  and  i^iilow;  and  no  doubt 
Maiiter  ar^ue^  upon  as  i^ood  ifrounils  as 
Ili9  Doblo  £rirl ;  and  (Hiochides,  that  if,  for  Uie 
airamag^e  r>  f  '  i  s t  tchemoa*  the  im pcac hed 

kfi  thinks  >  i';iioiuibi0  to  ejitort  money 

liifn  Ui..,^...i;  to  tbe  «iiilonf,  which  is 
W 19  bti  faeatured,  tt  m&yt  ^^th  parity  of  jug. 
u  ikseent  for  liini  to  take  itic  same  liberty 
m  casb  loo,  for  tbe  service  of  hi§  own. 
Commons  dotesi  tlie  corrupt  practices 
iml  expect  CK'cmpl^u'y  justice  on  tbe 
dor  nt  \\w  bar, 
loi  l»^  t^'lie<l  io  a  ifcniTal  manncc 

tlie  m>i><        ,      .  ^d  artiltcis  used  in  the 
I  hL  i}Qrm9t*a  Ueiidvocy,  aod^  no 


doubt,  it  must  create  an  universal  ostDtushmcnl 
in  yonrlordiiliips,  ho*v  it  could  ever  enter  into 
ilie  inmost  recesses  of  hi»  Ihuugltts,  that  so 
^reat  a  caI aunty  as  this  could  |M»ssildy  be  for 
ever  hiil  in  darkness  ;  that  so  torn  aud  ghastly 
a  wound  could  ever  heal  of  itself  ;    or  rather, 
ibal  it  should  not  by  long  tiegleot  become  quite 
iocurable. 

Your  hrdships  ivltl  observe  in  tbe  ensuing 
charge,  That  Mn,  Ivliz4heth  CbittVy  an  unfor- 
tunate widow,  having  obtamed  an  order  iVoni 
the  Earl  at  the  bar,  by  virtue  of  which  Mr* 
Edwards,  Dormer's  successor,  was  to  pay  her 
1,000/.  part  of  a  much  larger  sum  deposited  iit 
tbe  hands  of  Mr.  Dormer,  and  Edwards  re« 
fusing  to  pay  tbe  same,  not  having  ^ultjcient  in 
his  bands,  out  of  Dormer's  eifeots,  t^  unswer 
the    said    drmand,     the   impeached    lord   did 
a^^aiu  make  use  of  the  same  artiliccii,  and  stra- 
t age u>8  to  compel  the  several  M  sisters  to  con- 
tribute this  further  mm  of  1,000/.  to  is  top  the 
complaiuts,  and  stiHc  the  rourmnrings  of  Mrs. 
Chitty  ;  and  did  abo  intimidate  tbem,  by  re- 
presi'uting,  that  if  the  deficiency  were  kaowu, 
a  parliainentnry  enquiry  would  prohahty  eu^ue» 
and  the  Maslcjs  be  deprived  ot  their  otficc*,  hav- 
ing bought  them  contrary  to  law :  ibi^  not  taking 
efleci,  the  Commons  charge,  That  in  order  to 
accomplish  bis  wicked  and  corrupt  purposes,  be 
did  himself  pay  tbe   1,000/.  into    Lockmau^e 
bandf,  for  the  use  of  Mrs.  Chitty,  saying,  tliii 
was  the  last  motiey  she  was  ever  likely  to  re* 
ceive,  by  reason  of  a  dcticieiicy  in  IX^rmer' s  oi^ 
fice.      My  lords,  you  sec  tn're  is  a  isecc^ud  M~ 
tempt,  a  fresh  endeavour  to  conceal  the  deii- 
ciency  by  the  aid  and  a (>si stance  of  tUe  i»ame 
mea^iures  oiade  u^e  of  before,  but  backed  by 
the  terrors  of*  national  lUHpection*     The  cimti- 
nuntiou  of  these  arts  is  no  small  f#resnmption, 
(Uat  the  end  tlesigne<l  was  unju*t  m  the  Kurr* 
ownjudgm^t.     His  coodemuation,  in  thiii  in- 
stance, uriscii  find  springs  out  of  bis  own  argu- 
ineots  and  conduct.     If  a  public  discovery  of 
thii«  ileliciency  would  lay  the  tbundution  of  a 
public  and  natiounl  exiimi nation ;    whiit  s»fer» 
what  more  ex^icilitnt  measures  could  be  con- 
certed ami  iaki'U,  thau  immediately  to  satisfy 
Mrs.   Chitty 's  deaiandK  9    by   the  refusal    oif 
which,  this  pnldio  diuicovery,  so  much,  aud  99 
justly  apprehended,  might  come  out  T      And 
what  stronger  inducement  could  be  lay  tKffora 
the  Masters,  why  the  bnnlcn  of  this  payment 
should  fall  uponihem,  tiiau  by  shewing  in  Iiomt 
fatal  a  manner  that  national  exam mation  would 
ulfect  themselves  ?     lie  represents*   to    tliem 
tbcir  bavin;;  ^i-     '        '  ■'  ''      h  (aud  many 

of  them  of  hn  fiance  of  the 

imw,  and  thai  a  .. -.,  ......  i..  .i.  u-ucero  loavoid 

tlie  pit,  in  which  they  were  likely  to  be  swal* 
lowed  up.  My  lords,  1  lake  this  to  be  a  plain 
coutes!^ion  of  his  critne  :  our  accusatiott  is^ 
that  Ibc  sale  of  these  offices  is  repujrnaot  t<» 
law  and  justice;  here  is  his  own  raauifest  ac- 
knowlcdgmtnl  that  it  is  wj,  hut  aggravated  and 
heightened  by  this  tlagitiou»  circumstance, 
that  whdst  be' is  reminding  the  Masters  of  thai 
gudi  wbicb  be  hiukScU  ibftred,  bedraw»  uitf* 


i 


I 


I 

I 


I 


807] 


10  GEORGE  L 


Trial  of  the  Earl  of  Macdesfiddt 


[808 


gument  from  that  very  gaiH,  why  they 
should  assist  him  io  a  fresh  offence ;  and  since 
they  had  alrctidy  offended  ai^nst  the  laws  of 
the  land,  if  they  woald  avoid  punishment,  the 
best  way  of  doings  it,  was  hy  a  new  transgres- 
sion. You  have  Iiis  own  word  for  it,  that  he 
knowin^y  exceeded  the  statutable  limits  pre- 
Fcribod  by  the  wisdom  of  our  ancestors,  for  the 
safeguard  and  protection  of  the  rights  and  pro- 
perties of  the  British  nation.  If  the  buyer  is 
criminal,  how  can  the  seller  be  innocent  f  And 
yet  hi<(  lordship,  it  seems,  knows  of  no  statute 
iiow  io  being,  on  which  judgment  can  be  prayed 
in  this  prosecution.  It  is  this  wilful  and  deli- 
berate transgression  of  the  laws  that  has  opened 
that  fouutain  of  iniquity  which  has  drowned 
mod  ]aid  waste  the  fortuues  of  our  fellow  sub- 
jects. 

In  stating  the  Charge  thus  far,  it  is  evident, 
that  neither  a  wilful  neglect  of  d^ity  has  been 
wanting,  nor  a  thorough  contempt  of  justice ; 
DO  pains  spared,  no  artifices  unemployed  to 
plunge  the  deficiency  in  Dormer's  office  in  the 
ileepest  obscurity.  You  have  found  him  forcing 
and  wresting  a  contribution  from  the  Masters ; 
not  such  a  one,  my  lords,  as  would  equally  an* 
swer  all  demands  on  the  office,  but  as  a  bare 
sufficiency  to  satisfy  the  importunities  of  per- 
sons for  the  present,  and  thereby  lull  others  mto 
a  destructive  and  fatal  security ;  to  make  a  false 
shew  and  appearance  of  ability  in  this  office, 
nrhich  the  Masters  were  afterwards  directed  to 
<1o  in  theirs.  Your  lordships  shall  soon  find 
him  acting  another  part,  and  disheartening 
Lockman  from  engaging  any  further  in  the 
iparriage  with  Mrs.  Chitty,  (for  the  solicita- 
tions of  a  weak  woman  to  have  her  just  due 
night  be  easier  dealt  with)  assuring  him, 
that  the  deficiency  was  such  as  must  infallibly 
root  out  all  future  hopes  and  expectations  on 
her  account ;  and  yet  the  close  of  this  Article 
sets  forth.  That  so  lately  as  the  5th  of  Decem- 
ber Jast,  this  Earl  sitting  then  in  open  Court, 
did,  in  a  cause  depending  before  him,  protest 
ani<  affirm.  That,  for  his  part  he  knew  nothing 
of  Dormer's  deficiency,  but  as  public  news. 
My  tords,  if  truth  and  sincerity  are  not  to  be 
found  in  the  seat  of  judgment,  where  must  we 
look  for  them  P  Where  shall  we  place  our  con- 
fidence, if  there  is  no  dependence  on  the  affir- 
mation of  a  judge?  Where  shall  we  seek  ex- 
amples worthy  our  imitation,  if  the  uprightest 
places  afford  them  not?  But  to  pass  over 
this  unpleasing  scene,  your  lordships  will  be 
pleased  to  take  notice,  that  the  unfortunate 
])erson  at  your  bar,  in  hopes  still  to  cover  the 
deficiency,  made  divers  orders  on  Mr.  Edwards 
for  the  (lischarging  and  paying  the  eutire  and 
full  dues  to  some  of  the  suitors,  whilst  others 
were  put  off  with  an  inconsiderable  share.  Is 
there  any  thing  more  noble  io  the  mind  of  man, 
than  a  "^desire  of  distributing  equal  justice  ? 
Without  equality  justice  is  destroy^,  and  sa- 
c  iiiced  to  the  passions  and  infirmities  of  men  ; 
and  yet  your  lordships  will  find  there  is  no  vir- 
tue so  loVely,  no  principle  so  amiable,  but  must 
be  abandooed  and  prostituted  to  tlia  carry  log  oa 


this  wretched  scheme.  Such  is  ever  the  mi- 
serable fate  of  those  who  dij^  their  hands  is 
corruption  ;  they  engage  originally  in  one  vice* 
only,  but  are  forced  to  adopt  and  cherish  aouiD- 
ber  of  others  to  keep  that  one  a  secrK  from  the 
woHd.  For  it  becomes,  at  last,  necessary  ta 
do  injustice  for  the  sake  of  security ;  people's  ne- 
cessities, though  they  hiay  be  alike,  yet  are  their 
passions  quite  different,  and  a  necessitoiis  and 
starving  suitor  of  a  broken  and  worn-out  spiril 
might  be  turned  away  from  his  lordships  pre« 
sence  with  a  tenth  part  of  his  right,  whilst  osa 
of  a  more  obstinate  make,  and  a  bolder  consti- 
tution, would  insist  upou,  and  wrangle  fortbs' 
whole.  This  difference  of  tempers  might  fiM»> 
litate,  possibly,  such  unjust  dealings  for  a  timt; 
but  could  this  partial  preference  of  one  pevMs- 
to  another,  in  manifest  contempt  and  violatM 
of  the  rules  of  equality,  be  any  otherwise  si 
service  to  this  noble  lord,  or  make  any  amends 
for  diminishing  reputation,  but  by  sti 
the  mouths  and  cries  of  the  soliciting  i 
with  such  proportions  as  would  go 
with  them,  prevent  the  contagion  from  bveal^ 
ing  out,  and  disappoint  the  application  if 
a  public  remedy  ?  You  see  plainly  the  mi- 
senible  consequences  tlie  sale  of  the  Maslsis* 
places  has  been  attended  with;  the  fraudnlsat 
method  of  payment ;  the  unjust  and  nnoon- 
trouled  abuses  of  the  Masters ;  the  great  neg- 
lect of  Dormer's  deficiency ;  the  unjustifiable 
concealment  of  it ;  the  stretches  of  art  and  ia« 
justice  in  the  manner  of  doing  it  i  it  is  one  con* 
tinned  series  and  succession  of  male-adminif* 
tration,  calculated  for  the  advancing  the  profit 
and  ffidn  of  the  person  at  your  mir.  Your, 
lordships  would,  no  doubt,  wonder  else,  why 
so  great  a  trust  as  upwards  of  a  million  of 
money  should  be  reposed  in  the  Masters,  with- 
out some  reasonable  security  on  their  part,  er 
some  proper  restraint  laid  upon  them  tor  their 
due  and  fair  discharge  of  it,  especially,  since 
Dormer  had  broke,  and  brought  upon  the  suf- 
ferers so  fatal  a  misfortune :  and  this  it  is,  my 
lords,  that  raises  the  resentment  and  amaae- 
ment  of  the  Commons,  who  farther  cbarsc^ 
that,  notwithstanding  the  Karl  well  knew  that 
Dormer's  deficiency  was  chiefly  occasioned  by 
the  liberty  he  assumed  to  himself  of  trafficking 
and  gaming  with  the  suitors'  effects,  and  that 
the  other  Masters  did,  or  :ul  it  in  their  power 
so  to  dispose  of,  or  othei  w  misemploy  the 
money  and  securities  in  tl  -  hands  ;  and,  not- 
withstanding  a  reasonabi  and  proper  schema 
was  laid  before  him,  wherel  y  the  like  roislbr- 
tune  might  be  prevented  for  the  future,  yet  the 
Earl  never  required  any  security,  or  laid  any 
restraints  on  the  Masters,  but  laiX  them  to  the 
wide  and  boundless  liberty  of  abuling  ibcir 
trust  as  avarice  and  ambition  suggested  occa- 
sions. I  will  not  enter  into  the  consideratiea 
how  far  it  may  have  been  the  practice  not  to 
require  security  ;  1  take  it  for  granted,  if  i 
has  been  formerly  demanded,  it  was  b 
the  presiding  persons  were  vigilantly  eze 
the  duty  of  their  offices,  and  by  tveqaent  ia^ 
•pections  into  Iho  Mastefs' r  ^'^ 


JiiT  High  Crimes  and  Misdemianors* 

from  the  exercise  of  unwarrBntablc 
But  tvere  that  otherwise,  lati  prece- 
,  itiv  lords,  will  not  justify  omission*  ;  no, 
BOr  «stcnuat«  ill  em  ;  thou-jh  I  belie  re  not  any 
isMlUftee  cad  b€  producedf  not  so  much  as  the 
ippetrance  of  any,  where  it  was  so  loflispeu- 
miy  and  absolutely  nece^ary  as  in  thit  case; 
r  va4  no  need  or  use  of  any  example  to  re- 
I  of  it;  common  prudence  tenches  us 
sity  of  providing  against  disorders  or 
the  lime  to  eome,  whitih  our  past 
him  QOGe  brought  upon  ouradres  or 
it  is  the  only  atonement  a  n»an  can 
\  fo€  hi!i  former  Vaults ;  and  if  the  person 
'  &r  had  had  at  heart  the  leant  intention 
J  the  breaches  mode  in  the  justice  of 
irt  «<rhene  be  governed,  here  was  the 
tunate  opportunity  of  doing  it :  for 
hips  shall  find  the  rery  ?^Iasicrs 
a,  iQ  a  manner,  importuning  and  so- 
iim  to  tie  up  their  hands  by  stich  pro- 
c^uiliibic  rB&trictions,  as  woiiM  put  the 
Bg  foHnneif  of  thtir  fellow- subjects  on 
at  eatahlish merit.  Had  the  noble  lord 
I  ihii  proposal  (which  will  come  more 
^  within  the  province  of  aaolher  gerUle- 
fiwpen  to  your  lord >ihips),  the  unhappy 
lies  in  the*  present  blasters'  offices  had 
unatefy  prevented,  the  clamours  of  the 
out  u%  had  heeu  stopt,  and  the  nation 
Hd  not  neci'ssjty  demand  it?  The  de- 
t  havoc  couimittt^d  since  shews  it  did. 
I  oM  the  national  voice  cull  aloud  far  it  ? 
B  pfotectiiion  of  this  day  is  su6icient  tesii- 
VVftK  it  not  \m  duty?  Hure  1  am,  it 
1  have  been  his  ha[ipine!i%5.  And  shall  not 
i  roto  of  widows  and  orpltans  plead  for  pu- 
^iBeat  and  reparation  ?  The  Commons  rely 
I  your  hardships*  justice  that  ih«\\  nhiilL 
my  lords,  there  is  a  charge  lieliind, 
ntains  ttiattrr  worthy  your  ohserva- 
^ta  forth.  That  his  most  Kscred  ma- 
t  of  '  '  *'  '  "idfiess  10  his  peo- 
f  liavinjs  d  ry  to  be  made  into 

UDtB  <Pi  i.ic  'viu>i*^iTtiiiCh*ioeery,  in  the 
N'tven)ber  lavt,  the  Burl  impeached 
^iiadrtce  snd  lutthority,  persuade  and 
lo  make  false  re[treaenlaiiims  of 
i^ounU  and  circumstances  to  his  ma- 
ul Ui  assist  one  another  witli 
Pii  to  make  a  fabe  nhew  and  ap* 

i  ot  their  ability,  that  a  pHrliamentnry 
tity  tnifiht  be  prevented;  and  did  oblige 
I  to  declare  in  writing,  at  tlie  toot  of  their 
that  tljey  %vere  able  and  willing  to 
llauce,  altliough  the  Curt  well  knew 
wure    nut.     Your    lordships. 


yu, 


I  anil  ^ 
■iH^t  ta  di^ 
•t^»  wht 
la  «tt   and  i 


she  holdnrsxuf 

«te  the  gra- 

>i  majesty,  to 

^  that  redress 

and  loyally, 

]  aimed  in  hiii 

V  :ii  (he  very 

ur  hi(n- 


luf  l^at  tfi^tuiitioii  torjiutice  which 


A.  D.  1725.  [810 

the  nation  expected  at  their  hands.    Thedn 
and  ap[)rehcn«ion  of  par  I  ia  men  tury  justice  ia  ifl 
strong  presumption  ot  his  gudt.     Why,   m^l 
lords,  should   pubHc  enquiries  terrify  and  dis«l 
may  an  innocent  person  ?    National  ait] uittalsj 
are  eleroal  monumeivty  of  renown  \    tiiey  ar#| 
more  glorious  and  la^stiug  than  pillars  of  marhla 
ortriumpiial  arches  ;  ttiey  reuiain  upon  recon 
lo  iill  posterity,  never  to  he  defaced  by  the  lua 
lice  or  teeth  of  time.     Bui,  my  lords,  as  ther«1 
are  monuments  of  praise,  so  there  are  columnpl 
of  infamy,  there  are  national  condemnations! 
well  as  national  acquittak;  and  the  noble  lord  J 
must  now  take  his  fate  in  the  judgment  of  yotitl 
lordships,  which  he  so  much  dreaded.   It  is  aa] 
evidence  of  a  man^s  crime,  if  he  tlies  for  it ; 
betrays  a  self*  conviction  in  the  party  accused^] 
in  that  he  darea  not  abide  a  legal  trial ;  it  isamMi 
ther  circumstance  against  a  man,  to  be  fuundj 
tampering  with  a  witness,  and  carries  with  [ 
some  presumption  ol'  his  guilt ;  because  no  ia^ 
nocent  persoa  wants  the  aid  anil  assiataace  of  | 
false  evidence.     Youv  lotdshipa  have  seen  bin 
as  it  were,  flying  ffom  his  trial,  and  you  will 
now  find  him  tumperiog  and   intriguing  willil 
the  Masters  in  the  most  dangerous  and  artful | 
uianner ;  and  that  the   iMafttf^r^  are  evidenoeJ 
and  close  ones  too,  will  fully  appear  at  your 
bar.     You  shall  find  hitu  colouiing  uofl  ^loss- 
mg  over  the  Masters'  accounts,  with  touches 
and  strokes  of  his  own,  hoping  to  shelter  hii_ 
own  male-administration,  by  ptittin<f  the  viii^or' 
of  iiite^irity  on  theirii ;  this  is  the  glorious  exit 
he  makes;    thus  he  fint4»hc9  his  impurttul  antl 
just  Tidmini$lrtilion. 

illy  lonis,  the  evidence  to  snppoii  this  Charge^ 
wWi  lie  opened  to  you  by  the  Icarnetl  genlltmun 
to  wiiom  the  particular  proofs  aii?  ai»<)i;tnt-d  j  I 
shall  not,  therefore,  take  up  your  time  in  enf. 
tertng  u|>on  thai  which  exceeds  my  pf^vioce  al 
i  only  beg  leave  to  hope  for  your  further  in^J 
dutgebce,  while  I  make  a  general  obaervatio 
or  two  on  the  nature  of  the  Charge. 

The  groundwork  and  basis  of  this  noble  pef^i 
son*s  crimes  is  corruption  a  thinir  in  privatir] 
life  tbe  most  deteMed,  atid  in  public  persons     "^ 
the  tuost  malignant  ifitluence  lo  the  state.     ItJ 
deprives  the  crov*  o  id   that  wild  strength  and] 
grandeur,  ihatMhiiung  lustre  and  beauif ,  whicb 
a  just  execution  of  the  laws  reflects  upon  it ;  it 
disarms  the  people  td'  that  security  and  salety 
which  iialurally  flows  upon  them  trom  an  iu»«i 
partial  ntu\  uuinterruplml  adm in t miration  ot  juaaj 
tice.     The  cofinequeoce  of  which  will  ever 
the  crown  will  lo»ie  that  proper  revereoce  i 
veneration  from  the  people  which  are  its  due  ; 
and  the  subject h,  revtk'Mi  and   uneasy  for  want 
of  justice,  wdl  lay  hold  on  the  first  omiortunity^ 
of  throwing  ofl*  iUlegianoe  itaeif.     it  brtngs 
national  rcjironch  upon  us ;  anil,  by  sowing  tha 
seeds  of  discontent  at  home,  exposes  us  to  the 
iucumions   tuid  depredations  ot  our  enermca: 
but.  my  lords,  when  it  pruttrtK  itveif  under  the 
shadow  of  justice,  and  puis  on  tlie  smiles  of 
innoifnce,  it  in  hi;;li  linte  to  rise  up  in  defence 
nf  our  violsted  Uwii;,  ami  sit  a  public  mark  of 
iofamy  upon  it.    To  what  parposo  are  judge* 


811] 


10  GEORGE  I. 


Trial  of  the  Earl  o/Macde^ddt 


[81i 


and  roiDisien  restrained,  by  the  provision  of 
acts  of  parliament,  from  sefiing'  oIKces  undt>r 
tbeir  protection  and  care,  if  men  sball  hide 
themseWes  under  example  in  bar  of  the  laws  P 
Will  example  plead  for  him  ?  Surely,  my  lords, 
there  are  none  such  :  or  if  there  were,  what 
would  that  be  but  to  defend  crimes  by  their 
own  blackness  and  mali^ity  ?  As  if  a  distem- 
per wer«  not  to  admit  of  any  remedy,  because 
It  is  f^eneral  and  conUgious.  fiot  supposing, 
for  argfument's  sake,  there  have  been  great 
persons,  his  predecessors,  who  have  ventured 
ii|ion  small  presents  and  gifts  on  such  oocasiuns, 
does  it  follow,  with  any  colour  or  pretence  of 
reasoning,  because  those  have  been  confined 
within  the  bounds  of  moderation,  therefore  the 
extortion  of  exorbitant  sums,  to  connive  at  out- 
rageous measures  and  oppressions,  exceeding 
almost  the  fears  of  the  oppressed  themselves, 
fcliould  take  shelter  under  the  poor  pretence  of 
precedent  and  example?  Alas!  my  lords,  I 
am  afraid  example  only  operates  according  to 
men's  appetites  and  passions;  else  whence 
comes  it  about,  lliat  example  should  have  all 
the  l>eauty  of  an  angel  in  tliis  instance,  and  all 
the  deformity  and  horror  of  a  fiend  in  another  P 
His  gpvat  predecessor  *  made  no  attempts  to 
conceal  a  deficient  office  in  his  time.  No,  my 
lords,  he  had  no  corrupt  purposes  to  feed.  The 
same  noble  person  never  ordered  some  suitors 
their  entire  demands,  and  left  others  groaning 
and  starving  under  the  pressure  of  an  unequal 
distribution;  he  did  the  direct  contrary.  Happy 
had  it  been  for  this  unfortunate  person,  happy 
for  the  widows  and  fatherless,  had  he  copied 
afler  the  example  of  his  renowned  predecessors, 
in  their  wise  and  upright  distribution  of  justice, 
as  well  as  flown  to  their  eminent  names  for 

iHMtection,  in  the  illegal  practices  wherewith 
le  is  charged !  To  what  a  low  ebb  is  the  virtue 
and  reputation  of  this  uation  reduced,  if  impu- 
iiiiy  shall  justity  offences ;  if  bribery  shall  re- 
ceive a  patronage  from  great  examples,  and 
the  basest  actions  be  adorned  with  the  same 
lustre  and  honour,  that  are  only  due  to  the 
most  virtuous  ?  Hut,  my  lords,  the  Commons 
have  found  him  bargaining  and  bartering  an  of- 
(ire,f  in  the  gift  of  the  crown,  for  the  poor  and 
sordid  advantage  of  an  hundred  guineas.  This 
is  an  instance  wherein  the  very  person  of  the 
king  is  insultctl  in  the  most  flagrant  manner ; 
it  is  a  prostitution  of  the  regal  honour  and  dig- 
nity, by  one  who  had  the  trust  reposed  in  him, 
as  one  of  the  joint  guardians  of  the  realm  dur- 
ing his  master's  absence :  as  if,  too,  there  was 
DO  access  to  the  throne  for  grace  and  favour, 
no  tasting  the  refreshing  streams  of  that  foun- 
tain of  goodness  which  rises  in  his  majesty's 
breast,  for  the  universal  comfort  of  a  dutiful 
and  happy  people,  but  by  the  assistance  of  the 
most  aliaodoned  measures.  Can  your  lordships 
any  longer  wonder  the  people's  properties  were 
employed  to  ill  purposes,  when  his  majesty's 
prerogative  is  trafficked  with  and  sold  ?   Could 


*  LordCowper< 
t  CMioftb0< 


it  be  expected  a  poor  suitor's  right  tboeld  re< 
main  secure  under  his  protection,  as  Chancel- 
lor, when  the  king's  were  precarwut  in  the 
hands  of  his  own  trustee  P  And  yet,  my  lords, 
how  often,  and  how  glorionsly  has  this  nalioii 
vindicated  and  asserted  its  own  honour,  in  th 
ruin  it  has  poured  on  the  heads  of  corropl 
judges  and  ministers !  It  was  the  km  and  iw< 
feiture  of  all  the  landr  and  estate ef  sir  WilKiB 
Thorpe,  justice  of  the  Ktng's4»eiieh,  who  wm 
sentenced  for  bribery  in  the  reign  of  Edw-  S. 
Nay,  the  sentence  extended  even  to  lowof  fifc 
itself,  though  that  part  has  beeo  thongfat  Mt 
sufliciently  warranted,  and  should  hafecpM 
in  imprisonment  only.  Every  one  knowi  At 
vengeance  hurled  on  the  earl  of  MiddlMB 
which  is  to  be  found  in  the  rolls  of  parlisMrti 
This  unfortunate  earl,  having  delayed  j^in 
to  the  farmers  of  the  customs,  in  a  roattrn* 
ferred  to  him  by  king  James  1,  and  baring  pi- 
loted his  hands  with  exorbitant  bribes,  «■!■§• 
tenced  in  parliament  to  lose  all  his  offices  «U 
he  held  in  the  kingdom ;  to  be  for  yveriDCip» 
ble  of  any  office,  place,  or  employment  in  thf 
state ;  to  be  imprisoned  in  the  Tower  of  Li^ 
don  during  the  king's  pleasare ;  to  be  iwi 
50,000/.  never  to  sit  in  pariiameot  any  i 


nor  to  come  within  the  verge  of  the  \anifi 
court  The  case  of  my  lord  Bacon  is  MtMr 
instance  of  the  virtue  and  integrity  of  yowH- 
cestors,  in  the  abhorrence  they  ahewcd,  ssd 
the  punishment  they  inflicted  on  that  gitit 
man's  crimes. 

My  lords,  if  the  offences  committed  bylhi 
Earl,  and  those  of  the  great  persons  just  no* 
tioned  were  compared,  and  the  eonsc«|aeBea 
naturally  flowing  from  them,  it  would  be  fiws^ 
how  much  greater  guilt  is  comprehended  iatke 
Charge  of  this  day.  I  will  not  spend  yoor  lord- 
ships' time,  in  enlarging  on  a  distioctioa  k- 
twecn  bribeiT  in  an  office,  and  bribery  brt*- 
lour  of  an  office ;  between  bribery  in  a  jiAdri 
way,  on  account  of  judgment  in  causes,  ni 
briberv  in  the  disposal  of  offices,  that  oosen 
the  administration  of  justice ;  but  only  obserii^ 
that  the  sale  of  the  Masters'  places,  aocon^ 
nied  with  the  circumstances  i  have  already  c» 
plained,  is  attended  with  more  miscbievoosiW 
oppressive  consequences  to  the  subject,  tbaii 
judge's  accepting  a  bribe  in  causes  depea^ 
before  him.  By  means  of  the  latter  a  peiMS  ii 
put  to  an  extraordinary  ex  pence  indeed  toeoBi 
at  his  right ;  or  if  he  is  deprived  of  it  by  a  cv 
nipt  determination,  yet  still  there  is  anotberir 
source ;  and  his  happiness  is,  that  he  may  if" 
peal  to  pariiament  for  redren.  But  the  cotfi' 
quenoe  of  the  other  case  is,  he  ean  eome  alii 
right  at  all ;  his  money  is  embezzled  and  Ml 
tl^  Master  runs  away,  the  ChanoeDor  is  ia  iMT 
secret,  and  there  is  no  remedy  left.  ■  Is  it  fl^ 
excuse  to  say,  that  the  Master  is  liable  ts  *|^ 
swer  for  his  own  frauds,  and  not  the  impeiA* 
ed  lord  ?  1  beg  only  to  put  the  fbHowing  ctflf 
If  a  keeper,  who  has  andertaken  tb«  can  tf* 
management  of  a  mid  man,  wilfallj  wtj/t/^ 
his  doty,  sees  the  disorJeied  persoB  fMf J^ 
doniKMerpUddocs  aoi  iat«rpq«||  iiMi  i^ 


»W} 


Jur  High  dimes  and  Misdiynednors. 


A,  D,  rifs: 


[SI4 


keeper  res|>oiisible  ?  Sorely,  my  k*ri(Sj  by  the 
law  of  reason  he  ougljt.  But  v^hntif  the  no- 
ble lord  did  not  ibreseeihe  roiscbiet*^  nod  yet  be 
the  oc<^xi$ji)i)  ol  it,  from  the  exercii^e  of  an  un- 
Iftwful  act ;  there  is  oo  queBtiOQ  but  he  would 
rjia  answerable.  A  person  ititenda  to  rub  I  he 
l*%  forest^  and  shootiojy  at  a  deer,  kills  the 
er,  is  not  be  guiUy  of  nnirdcr  ?  No  doubt 
becau.se  though  he  did  not  intend  mur- 
,  yet  the  act  he  was  about,  wan  an  unlawfui 
But,  my  lonJs,  the  person  at  your  bar  has 
\  this  excuse ;  he  foresaw  the  consequcuce, 
1  [iXA  intention  waa  bad. 
I' hen  the  Commons  consider  the  h»gli  sta* 
in  nbich  thi»  nobte  lord  was  [daccd^  the 
^  ly  signal  marks  of  his  majesty's  favour  and 
pniliccnce  bt>towed  upon  him  ;  the  notorious 
ch  and  ?ioiation  of  his  oath,  and  of  the  se- 
1  ^eal  trusts  re [*osed  in  him  \  when  they 
^e  I  bund  him  pnistituting  aud  abusiog^  the 
thorily  and  dignity  of  the  crown,  traraplitig 
bo  the  laws  and  statutes  of  the  realm,  de- 
ibying  and  confounilini?  the  pro(*erlies  and 
Dl  s  of  d i V e rs  of  h  is  m aj es ty  ^»  s u hj ec  is  ;  tlie 
timoiis  could  Dot  ait  still,  atid  see  Ihi^?  £>^rtat 
er  triumph  ii^  the  iuxury  of  unpunished 
aes,  without  ustu^  their  best  and  must  ef- 
Hual  endeavours  to  briug"  him  to  punishment, 
1  to  make  him  an  example  of  the  jusiice  of 
\  [weseot  age,  a  waroiug  and  a  terror  t^  times 
Be. 

Kf  Cicmeni  TTear^,  (Solicitor  General)  My 
I  have  hkewise  received  the  commands 
Ftbc  Comumns,  to  lay  before  yrmr  lordships 
i  evidence,  in  maiotenaiice  of  the  Charge  of 
B^k  Crimes  and  Miademeanon  against  Tbo- 
learl  ol  Alacele&Geld. 
he  nature  f»f  the  Chanre  consists, 
lln  dlej^ally  and  corruptly  selling  and  dispos- 
K  of  offices,  which  concern  ihe  at jminist ration 
l|iistice ;  in  usin^  and  pructisiintj^  many  inili- 
land  unjusiitiahle  methods  for  the  keepiog 
^tbe  price  of  <>u€h  offices,  iu  order  to  advance 
Iowa  unjnst^in. 

My  lords,  the  honour  of  every  (fovernment, 

1  tlie  bappinei^s  of  every  nation,  depend  upoo 

hing  more  than  a  strict  impartial  adnimis- 

'oi\  of  justice;    and  the  justice  of  every 

t  depends  not  only  upon  the  npriihtiiess  of 

ijudi^e  that  pronounces  the  decree,  hut  like* 

ujion  the  honesty  and  uu corruptness  of 

iksfter  officers,  who  are  assistant*  to  him^ 

i  iipoD  ^  hose  reports  aud  represeutatiotis  hi^ 

ers  are  founded. 

vr%B  dtmhtless  from  a  just  sense  of  this, 

\  the  legUUture,  in  the  fith  year  of  Edward 

\  order  lo  prevent  such  a  corru|it  baj  terio^ 

affices,    which   waa  before    that   i^atute, 

[  law,  wisely  provided,  that  where  any 

which  concerned  the  adniinistration  of 

,  not  excepted  in  that  statute,  was  pro- 

rd  tor  money,  the  office  sbouUl  becotne  void, 

I  the  parties  concerncnl  in  the  corrupt  bar- 

nyn  dif<nMed  from  holding  it, 

j^J'he  Court  of  Chancery,  in  which  the  Earl 

Hbtdedf  Oiust  b%  tdlowed,  with  regard  to  the 


number  and  great  value  of  suits  instituted  ther*^  j 
to  be  by  far  the  most  eoDsiderable  couit  of  jut  4  i 
tice  within  this  king-dom.  ^ 

The  Mastei-s  of  Chancery  are  (next  to  tltftf 
person  that  has  the  custody  of  the  great 
aud  the  Ma^^terof  the  HoHs)  the  great  officen 
of  thdt  Court. 

They  are,  by  commission  tmder  ihc  gresC 
seat,  associated  with  the  judges  in   beariiki' 
causes,  and  claim  a  ricjht  to  interpose  their  <  ^ 
oionsin  the  mak  mg  of  orders  and  decrees  utidoC J 
that  commission.  1 1 

They  are  entrusted  by  the  Court  to  state  m^\ 
report  matters  of  fact,  upon  the  trulhand  fuir« 
ness  of  which  reports  the  justice  of  the  decreq 
of  the  Court  must  depeniL    They  are  sworn  t  ' 
advise  the  Chancellor  himself. 

Aud  of  late  years  they  have  been  cntruste^j 
with  the  eflfects  and  estates  of  the  suilorsof  tli«  J 
Court,  to  an  immense  and  incredible  !»urD, 

My  lords,  ^reat  part  of  the  Charge  agains 
the  Earl  consists  iu  scttin^r  up  those  places;  till 
sale,  iu  usiug  unwarrantable  methods  to  encou*| 
rage  pure  I  lasers,  and  increase  the  price. 

It  is  matter  of  great  surprize,  to  find  in  hii 
lordship's  Answer  an  insinuation,  that  it  is  no 
illegal,  or  against  any  statute,  to  sell  those  ( 
ficcs. 

Surely,  my  lords,  there  are  no  places  thafl 
concern  the  administration  of  justice,  more  Irr  * 
proper  to  he  sold  from  the  uature  of  them, 
the  selling  of  ivhicli  is  more  evidently  agains 
the  statute  of  Edward  6,  than  the  Masters 
Chancery,  unless  it  be  judges  themselves* 

But  it  must  be  owned,  the  expressions  mad 
use  of  by  his  lordship,  are  conceive^l  in  sue 
doubtful  terms,  that  it  is  difficult  to  know  whe- 
ther he  intends  to  represeut  the  lawfulness  of 
selling  those  places  for  a  price,  or  only  of 
taking  a  present  whicli  the  party  gives  freely, 
voiimtarilv,  and  of  bis  own  accord,  and  wbiclii^ 
his  lordsGip  says  his  predecessors  used  ta 
take. 

There  possibly  may  be  a  difference  betwe 
a  present  and  a  price  j  if  there  is,  it  is  the  lati 
his  lordship  is  charged  with  taking  ;  a  pric« 
fixed  by  his  lordship,  insisted  upon,  ha^;;)e 
for,  and   with  iinwilliugoesa  [vnid  by  the  pur 
chaser. 

But,  my  lords,  even  this  may  be  sahl 
he  nothing  more  than  an  otfence  against  tlii 
statute  of  Edward   6,  whi'cb,  as  it  creates  thi 
offence,  so  it  prescribes  the  punishment. 

Where  the   person    admitted  to  the 
is  In  all  respects  equal  to  the  great  trui^t  repose 
in  biro; 

Where  the  price  ^iven  bears  a  proportion  i 
the  lawful  gain  arising  from  such  office,  tbei 
may  be  some  pretence  lo  say,  it  is  only  an  of 
fence  against  that  statute. 

But  if  persons  are  admitted  to  an  office,  hi 
which  they  are  entrusted^with  near  100,000 
and  give  as  much,  or  more,fnr  that  office^  tba 
their  whole  substance  amounts  to  ; 

If  the  price  they  give  is  greater  than  ea|^ 
possibly  be  given,  by  one  who  would  be  con-J 


ftU] 


lOOEOBOEL 


Trial  tf^  EarltfMmtnftU, 


HMft  priee  k  piid  ibr  •«(  of  the  ndiMy  «r  the 
mBU«n  of  the  Court;  tf;  to  make  Om  dBeem 
mnoidi  for  giTing  mta  octrafigoot  prieef, 
IhoMn  eoonircd  iit»  indulgod,  cacoorafed  to 
Inno  witli  tiM  nioBCj  ond  eftoli  of  tbe  luHon 
<»f tho  Court,  Mgod  fnthUiam  ftr  aofeeno- 
tody  ooly ; 

'  'AMfaaooMtiiiiifir  ■ovethtiibMrijanof. 
fence  ■giiul  tlw  ilaliite  of  Edward  0. 

Tis  tdliiir  a  lieenoo  to  aboae  and  dafimod 
tlie  anitoiB  oAIm  Coortt  and  inaldng  the  auiton 
IhenMrivee  paj  the  price  of  thai  licence. 
'  It  k  Ifaii  the  Coinnlona  have  cbamd  the 
<aricf  Maeeieaaeld  withaL  Andthb  rarelj 
ad  aganiat  ieme  law  or  staftnteui 


*1R 


(ylorda,  tiieiDooBaeqoenceeoftiiia  prae- 
Ilea  am  f  «7  ohfioiie ;  the  leaatof  theas  ka 
Mayof  jnancet-ftnoithellaalnrs  otinjriliiftB 
and  iMcoiCi  to  eontmoe  that  money  m  their 
iMnda,  whidi  th^  are  allowed  to  make  a  gain 
fey,  and  whidi,  probably,  when  called  Ibr,  may 
fen  leeked  np  by  aeme  naiaidotte  eontnct 

But  the  moetlatal  conaeqnence  »,  what  can- 
not  be  mentioned  or  thonrtt  of,  withottt  leeEng 
itbm  graatart  compaaaion  ror  the  unhappy  people 
noncJwuid  hi  il,  the  Ion  which  the  auitora  of 
the  Court  are  likely  to  anatain  by  it.  The 
fcadard -waa  all  theirf;  but  diegam  belonged 
toothera* 

My  lorda,  whale? or  ezenaai  might  be  amde 
Ibrbua  lordahip,  from  the  greni  earie^  of  bu- 
oinem  hia  high  office  en|ri^  him  in,  which 
might |irefent  hia  attendmff  to  Ihoae  tiiingB; 

^mt  happened  in  hit  tordriupli  thue, 

;  to  awaken  the 


When  Dormer  withdrew  fiwm  hia  office,  the 
MaHara  themadfea  were  alarmed  at  it 

When  it  appeared  hb  misfbrtnoes  were 
brought  upon  him  vkj  trafficfcmg  with  the 
money  of  the  Court,  and  lending  tl  to  gold- 
•mitha  at  10/.  per  cent,  they  expreamd  a  con- 
nem  Ibr  the  auitora  of  the  Court 

And  to  prerent  the  like  miachief  for  the  fn- 
tare,  a  propoaal  waa  made  to  hie  hMrdahip  by 
one  of  them,  thai  the  Maatera  migbt  gireaome 
aacarlty  for  the  nuNiey  in  their  handa;  thai 
the  eflmcta  might  be  put  in  the  name  of  more 
than  one  Haaier,  to  prerenl  their  beiDg  traf- 
■cked  with*  ^ 

Thiamiglil  hare  prerented  the  miachief  for 
ihe  future,  at  leant  in  aome  degree. 
-  But  who  then  wonid  ha?e  giTon  6,000^  for 
Hiepnrehaae  of  hTacaot  placer  Who  would 
haregircn  1,500  gubeaa  to  procure  anad- 


For  Iheie  reaaona  the  Conmiooa  charge, 
the  propoaal  waa  not  Haiened  to,  waa  net  put  hi 
nirecution. 

-  My  lorda,  another  accusation  againal  tiie, 
Vorl  conaiata  in  hia  amusing  the  amtoni  of  the' 
(Pourt,withaftlaerMMreaeniation  of  the" 
iera*  anhalanoe,  by  OMariiig  from  the 
IhM  *^  were  amn  of  aa  good 


have  been  a  great  honour,  had  all  * 
really  deser? ed  it 

But  itaurdy  refleda  diabononr,  I 
time  when  scarce  wny  one  peraan, 
il,.oould  ^re  credit  to  it 

WhenU  waalheauliiect  ofcomn 
cation,  that  one-third  of  the  Maaten 
as  much,  some  of  them  more,  for  ih 
of  their  piacea,  aud  lo  procure  theit 
than  they  were  wOrIb  in  the  world 
of  their  purchase.  Ai)d  the  person, 
sake  the  oompliment  waa  amde,  lea 
il  of  any ;  harutf  but  hvlely  been  a 
a  coudUp,  nominally  diachai^ged  bjr  i 
hia  brother  into  hia  place,  aid  havii^ 
large  arrear,  aoon  after  he  got  thi 
the  auitora  into  hb  handa,  out  of  thai 

But  there  waa  then  aBlIaater*a 
cant. 

Hia  lordahip  ia  finrther  charged 
deai^onring  to  conceal  the  deficienc 
mer'a  office; 

With  making  a  trifling,  precaric 
aitwn,  for  a  large  debt  aasigned  for 
of  the  anitor,  in  a  rerv  unwarrantabl 

With  makinff  ordm  for  the  pi 
money  out  of  &al  deficient  office,  ^ 
gardio  the  other  aoitors,  who  were 
a  proportion  of  what  waa  left. 

Hia  hnrdahip  aeenia  to  intimate,  thi 
thought  there  wooM  be  any  defidei 
office,  but  ia  under  a  full  persuasi 
would  be  made  good. 

How  that  ia  conaiatent  with  h 
1,500  gniDcaa  from  the  danger  of  a 
in  that  office,  t  aball  submit  lo  your 
but  aurely  the  manner  in  which  -Doi 
drew  was  a  stroog  symptom  of  a 
when  the  Masters  entrusted  to  secure 
found  little  more  than  the  debt  frora 
answer  a  balaDce  of  near  40,000/. 

WbQi  that  fund  was  reduced  to  i 
a  composition  made  for  half  that  s« 
beggar,  who  baa  aioce  eacaped  out  o 
abioonds  for  debt 

From  whence  those  foil  assurai 
ariae,  we  most  wait  to  hear  from  his 

That  his  lordship  did  endeavour 
this  deficiency,  ne«ds  no  other  proo 
not  doiog  any  onead  in  public  relali 

Had  Mr.  I>ormer's  person  been 
sacred,  by  that  extraoroinary  pron 
cnrit^,  mentioned  in  bis  lordship's  il 
he  might  hare  been  examined  upon 
lories  to  discloae  his  efiects. 

The  suitors  might  hare  had  some  * 
have  used  their  diligenoe  in  disco 
estate,  and  prerenting  any  conceahn 

Nothing  of  this  doue,  but  on  Itie 
upon  an  application  by  one  of  the 
hare  his  monev  transferred  to  anolii 
from  an  apprehension  of  loas,  after  D 
abaented  himself  from  the  oflhMkiA 
formed  ftwn  the  bench,  llwt  bfe 
the  Master  only  go«n«o« 
diaMlJIbnwnLT. ,. 


•17}  J^  Hig^  Crimea  and  Misdemeanors. 

his  lordihip 


A.D.  1725. 


[818 


wilh  the  tn^^^  privacy  belwe«i 
«lid  the  Masters. 

OnJ^r*  were  made  for  the  payment  of  money 
^ul  orthatoffiee»  a«  if  it  had  been  clear  from 
dll  suspicions  of  lo&iS,  contrnry  to  th^t  rtile  uf 
cqciality,  which  is  a  futnlaiiieiital  principle  of  a 
^ourt  of  equity,  that  where  »e?ersl  persoti^ 
bftve  demuntis  out  of  a  fund  like  to  prove  de- 
fici^nli  they  must  bate  in  pro|K>rtioti. 

Aad  altht«U!^h,  uhere  that  fuod   ts  in  the 

[ids  of  private  persons  to  l>e  paid  hy  thrnn,  it 

be   iDteNIg^ible  to  talk  of  judicial  koovr^ 

e,  nod  mi€J-officiiy  declaratioii  of  au  avc- 

where  the  fund  is  in  the  bands  of  the 
ourt,  the  payment  m  to  be  made  by  the  Court, 
the  loss  sustained  ivliile  tlie  Cotirt  was  pos- 
of  that  fund. 

ry  knowtedofe  of  such  loss  is  judicial^  and 

>oiirt  ought  iu  jusLicei  by  what  means  so* 

the  knowledge  of  that  to^s  comes  before 

Court,  to  direct  ihe  payment  in  proportion 

here  js  but  one  Article  more  that  I  shall 
;  particular  notice  of,  whereby  his  Lonlsbiii  is 
— J  ^rjtlj  endeurouriog  to  di&appotut  his 
j'B  gracious  intent  of  having'  the  ac- 
[ita'fif  the  Masters,  and  ihe  state  of  their  office 
lired  into. 

\  lordship,  to  put  a  stop  to  such  enquiry, 

aided  several  i>f  the  blasters  to  make  a' 

ppearsDce  of  substance,  and  a  sheiv  of 

I  to  pay  over  the  mooey  and  effects  of 

ors  of  the  Court  iu  their  hands. 

[This  was  not  only  a  breach  of  his  duty  m 

lliilicetlor,  but  a  great  violation  of  tltat  high 

Mt  reposed  in  htm  as  be  was  a  privy- conn > 

r;    and  if  his  lordship  did  at  the  same 

in  eouneil  seem  to  promote  every  step 

I  ihere,  that  is  a  very  great  aggravation  of 

_i  crime. 

Much,  my  lords,  is  the  tiature  of  the  Charge 
Tich  the  Commons  have  exhibited  against 
eearl  ot  Macclesfidd ;  which  they  are  able 
I  otake  good  by  plain  and  clear  proof. 

*  William  Strickland.  My  lords,  the  gentle* 
V ho  have  spoke  before  me,  having  fully 
fd  to  your  lordships  the  general  charge 
nst  the  earl  r»f  Macclesfield,   it  is  my  pro- 
e,  and  that  of  the  gentlemau  who  is  to  speak 
'  me,  to  open  the  evidence  we  shall  produce 
i  good  the  several  facts  contained  in  the 
iif  Sixth,  Seventh,  Eighth,  and  Ntnih  Arli- 
but  as  llie  Ninth  differs  very  much  in  its 
Ktimstanoes  from  the  other  four,  1  shall  say 
r  to  Ihat  Article,  but  leave  that  to  the  gen- 
I  to  whom  Ihe  opeuing  of  these  Articles 
is  likewise  atloited. 

My  loriU,  we  shall  shew  you,  that  notuitb* 
Hand  in  If  the  many  great  and  beneficial  favour^! 
btsl'iwed  upon  thin  Earl  hy  the  bountiful 
hAod  of  his  majesty  ;  and  all  those  honours 
^oHerred  upon  himi>elf  and  his  famiJy  i  the 
dignity  of  hi»  high  offioc,  mind  the  great  trust 
re|>€ksed  in  him,  have  been  prostituted,  in  onler 
lo  satiate  a  bo undlifss  appetite  f«r  unlawful  gjio. 
VOL.  XV J. 


This  I  shall  now  particularly    procerd    to 
shew,  by   mentioning  to  your  lordships,  iu  ili^, 
first  place,  the  several  grauL^  which  tlie  Earl,. 
in  hia  Answer,  hasowne<i  to  have  received; 
and,  afterv.ards,  by  o|)ening  ihe  evidence  the 
Cfiiiiiunns  \*ill   produce,  to  mak?  gc»ml  their 
chartfe  coulamed  in  the  Fifth,  Sixth,  Sevt-tilb, 
^ud  Eighth  Articles abuve-mentioui.d,  *»hich  re- 
late to  the  illegal  and  corrupt  admisicion  at  four^ 
Masters  in  Chancery. 

The  $rst  beneficial  grant  the  Barf,  in  hii^^ 
Answer,  ouns  to  have  received  from  hi^  iiia«, 
jesty,  liefore  the  honour  of  peerage  was  tt»n- 
terred  upon  btm,  wa^^  1,200/.  a  y^ar  granted  la 
him  and  his  assigns,  durin^  (be  life  of  hi8  ma- 
jesty, in  or  about  June  1716;  in  the  next 
place,  that  in  the  year  1718  he  was  create d 
Lord  High  Chancellor  of  Great  DiUain  ;  and 
that  at  the  same  time,  his  majesty,  niu  of  his 
royal  bounty,  did  lieslow  upon  him  14,W0/. 
and  likewise  granted  to  his  eldest  son,  now 
lord  Parker,  an  annual  pension  of  1,200/,  pay- 
able during  the  joint  lives  of  his  majeiity  and 
the  said  lord  Parker,  but  determinable  when- 
ever he  should  he  put  into  possession  of  one  of 
the  oiices  of  a  Teller  in  the  Exchequer  for  iite, 
and  nhjch  o^ce  he  has  since  obtained ;  and 
over  and  abfive  all  these  great  and  beneticial 
grants,  the  usual  salarv  of  1,500/-  a  year  out  of 
the  Hanaper  office  ;  the  other  great  profits  and 
legal  penjuiaites  of  bis  high  office,  the  Earl 
owns  to  base  had  an  allowance  of  4,000/.  a  year. 
As  these  were  all  marks  of  the  greatest  ho- 
nour, esteem,  and  confidence  from  his  great 
and  muuiUcentbenefactor;  so  surely  they  ought 
to  have  produced  m  him  all  suitable  returns  of 
gratitude,  by  a  jast  and  impartial  execution  of 
the  trust  reposed  iu  bim»  to  the  honour  of  his 
majesty,  and  the  good  and  welfare  of  bis  sub- 
jects. 

Bui,  my  lords,  the  thirst  of  gain  was  predo- 
minant ;  and  in  pursuance  of  that,  he  did,  in  a 
manner  hig-hly  derogatory  to  the  dignity  of  tbs 
office  be  tlieo  bore,  illegafly,  corruptly  and  ejt- 
torsively,  by  himself  and  servants,  treat  and  ha 
ler  for  the  sale  of  offices  of  Masters  in  Cha 
eery,  which  offices  concern  the  administnitioa^ 
of  justice ;  and,  in  the  same  manner,  did  takft 
very  great  sums  of  money  fur  Uieir  admissions 
into  the  said  offices. 

I  must  take  notice  that  bis  lordship,  in  hts 
Answer,  does  not  deny  to  have  taken  all  tb« 
several  sums  laid  to  his  charge  by  the  Com- 
mons, on  the  admibsiou  of  the  Masters,  men* 
tioned  in  the  Articles  of  Impeachment,  to  the 
respective  offices  ;  but  alleges  that  he  look* 
them  as  presents  only,  freely  and  voluntarily 
given,  and  such  as  had  been  usual  on  such  oc« 
t'aai«in».  But,  my  lords,  we  shall  shew  yuU| 
that  the  sums  of  money  taken  by  him  were 
taken  iu  the  manner  alfeged  in  the  Articles; 
and,  by  Uie  evidence  i  shatl  now  open,  your 
lordships  will  see  bow  very  fUfferent  this  mat- 
ter will  appear  from  thai  wbicb  the  Eail  Mould 
insinuate  m  his  Answer  ;  I  shall  begin  by 
opening  the  evidence  to  the  Fifth  Article,  whrcii 
relates  to  th«  ilUgml  ftDd  Mrrupt  admiiiioA  tif 


4 


Slff] 


lOGEORGfil. 


Trial  of  ike  Earl  ofMacdexfiMf 


isa 


Bf r.  William  Kyoagton  to  the  office  of  t  Mu- 
ter ID  Chancery,  in  Aorart,  1791.  We  will 
•hew  you,  that  before  Mr.  Kynatton  was  ad- 
mitted to  be  a  Master,  be  was  advised  by  Mr. 
Rogers  (with  whom  he  had  theo  contracted 
for  the  sale  of  his  office  for  6,000/.)  that  the 
{jord  Chancellor  would  expect  6  or  700/.  for 
his  admission;  anon  this  he  applied  to  my 
Lord's  secreury,  Mr.  Cottinffham,  (who  ap- 
pears to  have  been  the  Inrolcer  nn  all  these 
oecasions)  and  desired  to  be  recommended  to 
the  Chancellor  for  that  office,  and  told  Mr. 
Cottingham,  that  if  it  was  necessary,  he  could 
obtain  my  lord  Bradford's  recommendatiun ; 
the  secretary  only  answered,  That  another 
Master  had  given  1,500  guineas  on  the  same 
occasion;  Mr.  Kynaston  then  offered  1,000/. 
Cottingham  replied,  He  could  mention  notliing 
less  to  the  Lord  Chancellor  than  1,500/. ;  but 
being  afterwards  asked  by  the  person  who  was 
to  pay  the  money,  what  sum  would  be  insisted 
on;  answerei).  It  must  be  1,500  guineas;  no- 
thing, it  seems,  was  to  be  abated »  for  this  (Mr. 
Cottingham  told  Mr.  Kynaston)  was  one  or  the 
best  offices ;  being  the  fullest  of  money  and 
aecurities— Money  and  Securities,  my  lords, 
the  property  of  the  suitors  of  the  Court ;  and 
how  fatal  the  Masters  making  use  of  such  mo- 
ney for  their  own  profits  has  been,  in  order  to 
reimburse  themselves  for  the  very  great  sums 
paid  for  their  offices,  is  now  too  severely  felt  by 
noinlM'rs  of  helpless  orphans  and  irfjured  sui- 
tors. Mr.  Kynaston,  however,  seeing  no  pos- 
sibility of  admission  without  paying  the  whole 
snm  of  1,500 guineas,  complieil  at  last,  sent  the 
guineas  to  Mr.  Cottingham,  who  afterwards  paid 
them  to  the  Chanoellor ;  and  the  next  day  Mr. 
Kynaston  was  admitted  and  sworn  a  Master. 

J  come  now  to  open  to  your  lonlslii|>s.  the 
evidi-nce  which  we  shall  pro'diice  to  make  f;oo<l 
the  Sixth  Article,  which  relates  to  the  illegal 
and  corrupt  admission  of  Mr.  Thomas  Beuiiet 
to  the  «»ffire  of  a  Master  in  Chancery. 

Mr.  Thomas  Bennet,  about  May,  1723,  bar- 
gained with  Mr.  Hiccocks,  then  a  MastfT  in 
Chancery,  for  the  sale  of  1 1  is  office,  at  the  price  of 
7,500/.  The  next  thing  to  l)e  done,  was  to  ap- 
ply to  Mr.  Cottingham,  which  he  did,  fUsirinnr 
Xooe  recommended  to  my  Lord  Chancellor  for 
that  office  ;  Mr.  C'ottingbam  did  rr  cnmmcnl 
him,  and  told  him,  that  the  l/m\  Chan^elior 
had  no  olijcciion  to  him,  that  he  knew  liis  fi- 
ther,  and  should  be  glad  to  oblige  him  ;  the 
compliment,  however,  ended  with  a  pniposltion 
of  a  present,  as  he  called  ii,and  said,  he  indeed 
would  name  no  sum,  but  that  his  brother,  then 
a  Master  in  Chancery,  and  Mr.  Godfrey,  wo::ld 
easily  chalk  out  a  method  for  him.  Air.  Ben- 
net,  my  lords,  afler  consul tinqf  these  gentle- 
men, olffered  1,000  guineas  ;  Mr.  Cottingham 
shook  his  head,  and  said,  he  did  not  care  to  go 
to  the  Chancellor  with  an  offer  of  that  sum, 
that  more  had  been  given,  and  he  hoped  Mr. 
Bennet  would  not  lower  the  price.  Mr.  Ben- 
net  gave  some  reasons  why  he  hoped  lord 
Macclesfield  would  accept  the  1,000  guineas, 
abd  laid  be  lUd  Dd  care  to  giTe  more ;  Mr. 


I  Cottinffham  again  told  him,  he  did  not  cue  to 
go  with  that  message ;  upon  which  Mr.  Ben^ 
net  asked  him  what  had  been  given  by  other 
Masters  ;  Cottingham  tok)  him  1,500  gnineai. 
However,  Mr.  Bennet  again  desired  he  wooM 
go  to  the  Chancellor,  and  said  that  if  the  tain 
he  had  offered  would  not  do,  he  would  give 
1,500/. ;  Cottingliam  desired  to  be  escnsed 
from  j^oing  on  that  message,  and  said  my 
lord  did  not  love  haggling ;  and  that  if  Mr. 
Bennet  woald  ^ve  no  more,  he  mig^t  lose  tlie 
office,  for  that  if  the  Chancellor  shonid  refiM 
that  sum,  he  would  not  go  with  any  other  oIRr, 
Upon  this,  my  lords,  Mr.  Bennet,  at  last,  en* 
sented  to  give  the  1,500  guineas ;  and  this  nil 
appear  to  nave  been  what  the  lord  Macclesitf 
calls  Mr.  Thomas  Bennet's  free  gifL  Thegnhiit 
were  paid  to  Mr.  Cottinpfbain,  who  paid  thenli 
the  Chancellor,  for  which  Mr.  Bennet  wui^ 
mitted  into  his  office,  which  appears  to  boi 
cost  him  9,075/.  and  that  very  sum,  npoothe 
making  up  of  his  accounts,  appeared  to  hare  bed 
wanting  in  bis  office,  for  the  making  up  of  Ul 
balance  due  to  the  suitors  of  the  Court  I  nuot 
take  notice  to  your  lordships,  that  tbe  M 
Macclesfield,  in  his  Answer,  alleges,  that  (In 
said  Kynaston  and  Bennet  pretending  tbcj 
were  disabled  from  answering  to  the  suitonif 
the  court,  so  much  money  as  he  had  taken  ftoB 
them  at  their  respective  admissions,  tbe  tuL 
Earl  did,  before  the  Impeachment,  pay  into 
the  Court  of  Chancery,  for  the  use  of  the  sntoa 
of  that  Coni*t,  the  two  several  rams  reoehcd 
by  him  fmm  Mr  Kynaston  and  Mr.  BcoMt; 
but,  my  birds,  that  we  shall  shew  to  be  agrM 
mistake  in  the  Answer,  for  we  shall  prove tbt 
said  sums  were  not  repaid  by  him  till  after  iIm 
Impeachment,  and  after  they  4iad,  by  affidtril, 
charij^ed  the  payment  (»f  thesp  sums  as  one  CSBK 
(»f  the  deficiency  in  their  offices. 

I  come  next  to  shew  the  manner  in  whidi 
Mr.  Francis  E!de  was  admitted  to  his  office «f 
a  Master  in  Chancery,  which  happened  in  F^ 
bruary,  1723,  U|)on  tlic  death  of  Mr.  Fel!o«i; 
we  shall  shew  y<»ur  lordshifis.  that  Mr.  EUi 
nnplicd  personally  to  the  Chancellor,  whotioU 
liiio  he  would  treat  with  him  in  a  diffeicnl 
mannf^r  tV  im  anv  man  living  ;  in  two  or  ilnci 
days  af'ror  this  "he  applied  again  to  tbe  EiH 
for  the  f>^^(',  and  tiien  did  mention  a  sum  ^ 
4  or  .'i,OiiO/  p\v  lord  told  him,  Mr.  Hide  and  I 
must  irn  imke  ivira-ains.  So,  my  lonls,  Mr. 
Eldu  aftei' tiii^  went  to  Mr.  Cottingham,  u^ 
told  l)i).>  '-i'  \y.^  intention  to  :^ve the ChancfH* 
r>,orO/.  .^Tr.  CnMin<;hain  adviseil  him  to  makl 
it  ftnin^vss.  Ai'd,  in  pursuance  of  thi«  adviofi 
Mr.  C!d.'  did,  on  or  aiuuit  the  1st  of  Febraiff 
1723,  carrj'  to  tlie  said  lord  Mar^slesflelil^ 
lion.so3,G00  «;:Mini->as  and  C,100/.  in  liank-DOtC^ 
iiiniilcd  r.p  ii)  f<;!tir!i  h/isUrt,  which  he  sent 01 
to  my  lod  l»y  ^i..  roU'mrb.im,  who  left  it  witl 
hi::  lori?.l:i^i,  l:'>';i:^ht  doivri  word  all  was  wcll| 
and  wiiljitj  a  u.\y  <  r  tw'.»  atW  Mr.  £lde  w* 
sworn  into  his  ol!i:o. 

1  would  ohscrve  upon  this,  that  a  pmtflli 
which  might  have  been  innocently  made,aadlfc 
innocently  received,  had  needed  bo  sneh  i  '' '' 


Jor  High  Cfimts  and  Mistkmemwrs* 

^heiraii  r>  \)  ■  1  by  ibearjpre- 

pBof  "  !<i  the  f oice  ot  iUe 

*  f^^  '  lat  in  tamo  tig  manner 

-iei!»  u*  C.lmocery  ;  and  there- 

,  my  lords,  privacy  was  now 

to    be   Ihouglii  »»  necessary  f  U»ai  the 

^mtary   birogelf.   tlivu^b  cToncerned   iq   the 

n,  WAS  kepi  i^aioraafc  ol'  ihe  cooUnls 

kel. 

f?  ntxi  to  open  the  eriJeuce  we  will 

10  prove  the  illef^nl  and   corrupt  ad- 

I  af  Mr,  Murk  Tfuirsion  to  be  n  Muster 

ficcry»  a.fi  it  h  hid  in   ibe  a»b  Arlide. 

cdetl   Mr.  Borret  about  tbe  Mh  of 

I  last  piAt :  and,  my  toids«  nutw  tttHtand' 

Ihe  earl  of  Alacclesficld  alttfirea  in 

fver,  that  he  was  informed  by  Mr.  God- 

Mr.  John  Ben  net,  that  there  wwh  like 

bo  defiriency  in  that  office,  we  m\\  shew 

'rdslnps,  that  More  Mr.  ThuriJtijn'ii  ad 

I  thei-e  s'VHi  a  ureal  uonlu^ion  in  it ;  and 

lordship  must   have  foig^ot   himself, 

!  says  he  ever  was  ac<^uaiuied  hy  tlifwe 

ft  lent,  that  there  was  like  t(k  be  no  deli- 

r  ID  that  tiffice. 

Hi,  m  V  lordh,  ihe  Commune  will  produce 
,  tfiat^  nntH«thsi3indin^  f^     *    -       r  -^ 
t  alrcsidy  siistAined    by   Un 

^«i('  ('Kni,,..  r  V     Ji  ,.,*,  rl.e  ^It  ..;   ,r,.c..  ,-:,»,  I  ,, 

L'eSt  the  great  etin- 

t'  {id  itj  ^vhich  there  is 

aicy  of  more  than   i(),000/.  yd,  iti  ihe 

knlawful  piin^uit  of  ifuin,  hi^  did  admit 

'  rk  Tiiunnton  ui  the  utfice  of  a  Master 

Dcery  for  the  sum  of  5,000  guineaa. 

}  manner  of  ii  wan  thuit,  my  lords, 

ThursioQ,  upon    Mr,   Burret'i  deiith, 

UI  Mr.  (  t  uliuiU  that  oflice, 

price  n^  i  bnwixt  them  wait 

ultieafli  .  iient  lord  Mac- 

Iwaa  ic<i  fned  to  agree 

Jjut  afv—  uj>i>n   a  report's   bein^ 

.thiif  -le^fidd  dejiigiied  to  give 

<  r ,  Mr.  Thnraton  (well  ad- 

*  d    to  l«dy  Macclesfield, 

atfuts  used  to  persuade; 

I  in  his  favour,  produced 

^  HI  hank-notea,  which  had 

reti  ellect ;    my  lady  wrote^  and  Mr. 

ifi  two  or  tlkree  dayu  wan  ad m tiled  to 

t  will  make  this  reoaark  upoD  this 
ion ;    thai  the  taking  iurh  an  extra- 
it  mum  nf  iTioitey   for  an  office^  in  which 
1^  0  a  gr«At  d»'ficiency,  wa» 
light  bUfnfle«»9  even  by 
:,  iniLt  it  tooki  as  if  this  way 
.ij  be  found  out,  in  hide  this 
---^  the  secretary,  who  had 
i  :   and,  to  tAc  all  cause 
||b|btf^.u>.  '  ^''^n,  b«  was  ordered  to 

^^^blo  1  froia  Mr.  Tliun^ton 

^Hpcoufii  V  x-Li  ^lon  ;    which  he  oh- 

^Efr4  an  rctigiouaJy  llial  I  think  he  scrupled 
mko  bta  uwti  tecs. 

IWofc  I  €0i>da4t,  py  i^tdnt  1  inu«t  i^e 


I 


notice  of  tQ  etprewion  iti  the  EarPs  Answer  to 
the  two  last  articles  f  have  mentioned. 

That,  of  the  money  he  received  from  Mf , 
Eide,  he  retained  no  more  than  l.HM,  and,  qf 
that  received  fri»m  Mr.  Thurston,  no  it¥»re  than 
2,O00/.  By  this),  I  presume,  the  world  is  to  l>e- 
lieve,  the  Earl  made  an  immediate  restitution  of 
the  remainder  of  the  money :  bm,  my  lords,  we 
wilt  shew  you>  that  no  money  was  retiimed  to 
31  r.  £ldeidl  November  last,  a  timelhat  he  stood 
in  need  of  it  to  shew  aud  produce  his  baluvtce; 
nor  to  Mr.  Thurston,  till  October  last,  at  which 
time  it  was  evident  nn  '-  i  ■•  -•  -  .^..  .  i  -.  .^^t 
to  Ihe  infamous  praci  le 

suitors^  money;  m  .  — ^  ^  ^^ ,,,..,.  ..;.ue 
would  puttho^etwu  MHSteiHoutof  a  posstbdit^ 
of  reimbursing'  themselves  the  great  sums  so 
lately  paid  for  their  orticei. 

My  lords,  the  fle]cl  ihiu^  we  t>haU  prove  will 
be,  that  in  ail  these  transactions  Mr.  Cotting- 
hiim  has  actel  by  my  lord  MacclesficUrs  im- 
methiite  directions  ;  and  when  we  have  proved 
thnt,  atid  the  several  facts  I  have  |iow  opened 
to  )our  lordshi^is,  I  doubt  not  hut  you  will  be 
of  opinion,  tliiit  we  have  folly  nmt\e  out  llie  alle- 
gallon* in  the  Fi lib, Si 3clh»  Seventh,  and  Ei^^hth, 
Articles,  in  their  utmost  extent ;  and  thut  th^  saiU 
'  'f  has*  taken  the  several  sums  liiid  to  hii 
I  Ufe,  illejfally.  corruptly,  and  extorsively,  i^ 
...  ^^iU  and  viobition  of  his  oath  as  Lord  Chan  • 
ceJlor,and  of  tbr  ^reat  trust  in  hun  reposfd^  con* 
tniry  to  the  duty  of  his  otfic<t«  and  ii:fam)it  xUm 
good  and  wlioleaome  statutes  of  this  reiitm. 

Mr.  Doddington,  I^Jy  lor(k,  I  am  com- 
manded by  the  Ctufimuus  to  j^st&t  the  t^entle* 
roan  who  spoke  bHbre  m«,  in  niskuig  tfood 
the  Fifth,  Sixth,  Seventh,  Eiirhth,  and  Nuith 
Articles  against  the  earl  of  Macdt^^tield,  wbieb 
relate  to  his  luking  money  for  *t|fiet^. 

The  Cotnmon»»1ook  upon  tius  part  of  their 
Charge  as  a  necesj»ary  foundation  of  the  whole, 
because  from  thiii  insMtiute  denire  of  gain  have 
spnuig  all  the  evils  and  nii9maaagetuen|a 
charged  upon  the  Earl  ui  the  re«i  of  the  Ar* 
tides. 

I'he  Charge  against  the  Earl  in  four  of  these 
Articles  is  in  short  this,  that  he  took  <«evenil 
great  sums  for  the  adminsiou  of  seterid  per- 
sons into  the  otHce  of  IVl*iaiers  in  ChunccTy; 
and  that  he  took  th^-tn  illegally,  exiorsively, 
corruptly,  in  bnsah  and  violation  of  hia  oath 
ai  Lord  Chancellor,  and  of  th«  trust  in  bim 
reposed. 

t^I  V  lonk,  these  facts  have  been  so  clearly 
stated  to  your  l^trdsships*  nud  the  exior^ivt- and 
corrupt  manner  in  which  they  wirt*  c(uuriiitu*d, 
iu  breach  of  his  oalh  a*i  Lf«)rd  Chan<-ellor,  no 
strongly  iuforcetl  by  the  grnileman  who  spoke 
More  me,  thnt  I  4iall  not  trouble  your  ba4* 
ahipa  upon  tho^e  heads. 

As  to  the  illt*giiliiy  of  «iuch  pracitcrs ;  that 
has  l»ef0  laid  before  your  b»rd».hips  by  tl*e 
learue^l  genileimin  who  i»p**netl  the  genernJ 
Charge  ;  and,  i  ib»  o«it  ilinibt,  wdl  l»e  furlt»er 
ex  plained  by  oiUer  gentle  men  to  your  h»rd- 
•kp«*  ntiMaction;    but  wlisii  Iht   Earl   m 


I 
I 


flSS] 


10  GEORGE  L 


Trial  of  the  Earl  oJMtude^M^ 


I]B8I 


pleaifed  to  say,  in  his  general  answer  to  all 
these  Articles,  *<  That  he  ho|ie8  receivinij^  pre- 
sents on  such  occasions  is  not  criminal  in  itself, 
or  by  the  cominoa  law  ot*  this  realm,  and  that 
there  is  not  apy  act  of  parliament  by  which  tlie 
same  is  made  criminal.'*  Though  I  have  not 
had  the  happiness  to  have  been  bred  to  the 
protessioo,  I  must  beg  leave  to  remind  him  of 
the  statutes  of  Richard  2,  and  Eilward  G.  as 
to  the  statute  law :  and  by  all  that  1  have  ever 
heard,  or  can  learn,  tlie  whole  tenor  and  mean- 
ing of  the  common  law  does  disapprove  and 
condemn  such  practices,  (though  possibly  it 
has  not  been  an  adjudged  case).  And  the 
•tatutes  1  have  mentioned  are  one  proof  of 
such  meaning  of  the  law,  to  me,  at  least,  who 
have  always  looked  upon  them  to  be  com- 
ments and  declarations,  made  from  time  to 
time  to  explain  and  enforce  such  construction. 

Putting  up  offices  of  justice  to  auction,  my 
lords,  is  repugnant  to  the  dictates  of  plain 
reason,  and  consequently  to  the  whole  sense 
and  spirit  of  the  common  law  of  this  realm, 
whicn  is  founded  upon  reason ;  and  in  this  re- 
pugnance to  the  intent  and  meaning  of  the 
law  of  the  land,  lies  this  offence  (in  my  poor 
judgment)  as  to  the  illegality  of  it. 

We  hope  therefore,  milords,  (when  we  have 
given  our  evidence)  that  it  will  fully  appear  to 
your  Uirdships,  from  what  we  have  opened, 
that  the  oarl  of  Macclesfield  has  taken  the 
sums  charged  upon  him  ;  and  that  he  has  taken 
them  as  they  are  charged  in  the  Articles,  ez- 
torsively,  corruptly,  illegally,  in  breach  and 
violation  of  his  oatli  as  Lord  Chancellor,  and 
of  the  trust  in  him  reposed. 

I  am  now  come  to  the  Ninth  Article,  which  I 
am  commanded  to  open  to  your  lordships ;  and, 
indeed,  it  is  a  most  extrannliiiary  instance  of 
human  frailty :  the  earl  of  Macclesfield  here 
is  not  charged  with  taking  money  of  a  person 
ivho  received  an  office  from  him,  but  of  one 
who  quitted  an  office ;  not  for  an  admission, 
but  for  a  resignation. 

I  believe  this  is  the  first  instance,  my  lords, 
where  any  person,  on  the  other  side  of  this  bar, 
was  ever  accused  of  forgetting  his  own  dignity, 
the  dignity  of  the  august  body  he  belong  to, 
and  the  honour  of  his  sovereign,  whose  coun- 
sellor he  was,  and  nhose  rnj^ul  authority  was, 
at  that  time,  lodged  in  his*  hands,  for  105/. 
This  is  so  amaxing,  that  did  1  not  know  there 
was  full  evidence  to  the  most  minute  parts  of 
this  Charge,  I  myself  should  not  believe  it ; 
and  1  am  sure  your  lordships'  hereditary 
greatness  of  mind'  mnst  make  it  so  incon- 
ceivable to  you.  that  I  shall  need  all  your  pa- 
tience and  indulfifence  in  what  it  is  my  duty  to 
state  to  your  lorJships,  till  you  hear  the  evi- 
dence we  shall  produce. 

Tiie  caFe,  my  lonis,  is  this :  Mr.  Thomas 
Beunel,  one  of  the  Masters  mentioned  in  the 
Mxth  Article,  soon  afW  his  admision,  wasile^ 
ainius  lo  part  wiib  hts«lfioe  of  Clsrk  of  the 
Ciisloilifv(wlue|i  as  IB  the  ji^ift  of  the  crown) 
lo  Mr.  Hamcraley  ;  but  bemg  unwilling  io  dk> 
MJ  thing,  without  ny  lord  Maookifidd'i  aj^ 


probation,  he  appliei)  to  Mr.  CoUiaffhaB,  \ea 
secretary,  toobtam  it  npon  this  oecasioa.  Mr. 
Cottingbaui  promised  to  acquaint  bis  hxdshif 
with  this  request.  In  a  few  days  Mr.  Col» 
tingham  told  Mr.  Beunet,  that  he  bad  so- 
quainted  my  lord  with  his  design,  bat  ssid,  a 
present  was  expecteil  of  him ;  and  naked  bin, 
what  he  would  give?  pTour  lordships  will  ob- 
serve, that  this  was  thei:  constHiit  ntcthod,  in 
driving  all  these  bargains ;  for  they  were  ess* 
scious  that  they  were  doing  what  waa  illeg*!-) 
Mr.  Bennet  replied,  tlmt  he  did  not  apptcMai 
that  any  thing  was  due  to  my  lord  on  ihh 
accouni ;  for  that  he  succeeded  bis  brottir, 
Mr.  John  Bennet,  and  neither  himself,  uorftii 
brother,  made  lord  Cowper  any  present:  mk 
further  added,  that  he  hoped  my  lord  atrii 
not  insist  upon  any  thing,  on  so  trifling  M 
occasion,  since  he  had  so  lately  paid  bin  w 
considerable  a  sum.  But  still  Cottingbam  m* 
sisied  that  a  present  was  required.  Upon  whidi 
Mr.  Bennet,  seeing  himself  so  hard  drives, 
said  he  would  give  my  lord  106/«  In  a  ft* 
days  Cottingham  told  him,  that  my  lord  ac- 
cepted the  105/.  but  that  he  was  to  look  nDsn 
it  as  a  particular  favour,  that  he  acceples  ii 
small  a  sum ;  and  that  if  he  would  bring  tkf 
money  to  him,  Cottingham,  he  need  tanss 
farther  trouble,  for  my  lord  wonkl  apply  to  ihs 
king  for  leave  to  resign.  Accordingly,  on  the 
28th  of  July,  1793,  Mr.  Bennet  csnM  • 
Bank-note  of  105/.  to  Cottingham;  aodl,ii 
about  three  weeks  time,  ^onr  lordships  w9 
be  pleased  to  remember  that  his  majeitj  wil 
then  abroad)  Cottingham  told  him,  that  tkl 
sign  manual  was  come  over,  and  chid  bia  ir 
not  taking  out  the  patent;  the  consequenesrf 
which  was,  Mr.  Bennet  did  take  it  oat,  asi 
when  it  came  to  the  great  seal,  no  considoi- 
tion  was  had  of  what  ne  had  given  before,  hit 
it  cost  him  about  64/.  for  the  seal. 

We  shall  call  Mr.  John  Bennet  to  inftM 
your  lordships,  that  when  he  resigned  to  kh 
brother,  he  asked  the  lord  Cowper  if  any  thii( 
was  due  to  his  lordship,  who  told  bin  nolhivf 
was  due. 

This,  my  lords,  is  the  naked  state  sf  A* 
case,  and  1  shall  make  no  remarks  open  it;  1 
think  nothing  can  be  added  to  illustrate  it,  bs- 
cause  I  am  confident  there  never  was  any  Uhi^ 
like  it. 

But  I  think,  out  of  duty  to  the  Connotf, 
and  justice  to  the  earl  of  Macclcsadd,  I  ta 
obliged  to  take  notice  of  what  he  alleges  in  hit 
own  defence  against  this  Charge. 

His  lordship  is  pleased  to  say,  "  That  tbovgb 
this  office  of  Clerk  of  the  Custodies  hasbiti 
usually  granted  by  the  crown ;  yet  it  has  bees 
always  looked  U|ion  as  the  right  of  the  liOfdi 
Chancellors,  or  tLe  Lords  Keepers,  to  recoa* 
mend  to  that,  and  other  offices  under  the  gmt 
seal,  and  approve  of  .the  deputy  lo  execnH 
the  same;  and  upon  aoch  recoaunendatioM^ 
and  approving  of  deputies,  have  aooeptcd  art' 
sents,  and  looked  apoo  the  mbm  as  Mf 


^^ 


■heiM  not  Inr*  tAnifMin  «r  hit  I 


I 


ftjfT  High  Crimes  and  MUdemeamors* 


A-  D.  1725- 


ibb  |MUt  ©f  hii  ffefi^nrc  In  ibe  plural  numWr, 
"1  fiMlM^Aunnif  10  ititller  hinwelf  und«^  ihc 
M  pmcUcen  f>r  titf  nri?4iec4*«iors,  if  lie 
nfineri  it  lo  tliin  Article;  but  in  Iiik  |^ 
pswer  to  nil  the  Articlt^  we  tuvr  0|>eued 
flonlnhiiYS,  be  SIIJ9,  **  Thtit  he  linfldocie 
liiin  ln»  predecessors,  grrat  doil  able 
ife  doiii>  lH*fare  him,  and  therefiire 
i  that  it  shtill  uot  be  imputeil  ^  «  fault  to 
And  tndir«d  this  reaaooiog^  runs  ihrou|^b 
nr»«t  hi«  whole  delence. 
Jfiy  lords,  wecmdd  shew,  thil  he  has  done 
^  than  any  of  his  pfeileccsaon ;  hut  your 
ships  very  well  know,  ihut  m  not  now  in 
Rtioti  1  nm  sun?,  how  ^rcal  or  able  soever 
Han  may  h^  th«l  commits  a  faalt,  your  lord- 
|p«  will  alwayji  lie  grwai  enough,  and  able 
bo^i  lu  punish  him  lor  it,  when  he  comes 
^ttu.  And  I  am  suqmzed  the  Earl 
Buld  suppose,  that  you  will  connive  at  a 
i  prftciire  in  him,* (if  this  be  one)  because 
^re  not  condemned  it  in  othera,  who  were 
lied  to  answer  it  before  you,  if  any 
^|[ui1ty  of  it.  1  hope  your  lord^hijis 
1 00  it  as  a  new  way  of  reason in^j,  first 
k?  of  by  the  earl  of  Macclesfield,  to 
_  bin  own  fauttj!  by  the  faults  of  another^ 
*  erttnuiite  the  daoj^er  and  msli^'niry  of  a 
emper  hy  the  extent  and  inveteracy  of  rt. 
Sy  the  rest  of  this  argument  of  hit,  your 
^^Idabtps  plumly  see,  that  he  liinifelf  thinks 
Ibe  acceptance  of  any  (jratuity  for  advis- 
th#  kiuir,  as  a  c<»unKeltor,  to  (p-ani  this 
tmd  been  highly  criminal,  for  he  was, 
[that  limei  one  of  tbe  lorils  juHticea,  and 
[this  whole  Chari^e  a  minis»ter  of  stale  ; 
not  say  thitt  he  obtaineil  leave  for 
net  to  reniijo,  and  a  new  |p>!tnt  of  the 
I  a  tiivour  from  the  crof^n  ;  no,  that  he 
I  admit  wuuU  have  been  hi^^hly  hlarae- 
Bt  b«  itys,  that  as  Lord  Chancellor,  he 
__  '^ht  or^recooimeodin^  to  this  olBce ; 
hbi- whole  conduct  unhappily  explains, 
I  he  looked  upon  a  right  of  hestowinir  or  re- 
wnruJiujf  to  be  a  right  of  selUnif  ;  so  that 
^  Hii  owu  ari^ument,  bethinks  hiinsclf  jiuti- 
Mte  in  doing  that  ah  the  chief  otiieer  and 
iinnbutor  of  justice,  which  be  seems  fo  own 
tiOold  be  highly  unjustifiable  m  a  minister  or 
tirfautoftbe  cruwn. 

I  shall  take  notice  of  but  one  part  more  of 
kii  feneial  Answer  to  the  Articles,  which  we 
iMa  apened  to  your  lonUhif^M,  and  that  is 
Jiiapi  06  *^yh  **  That  iluring  his  continuance 
n  Ibr  lakl  office  ot  Lord  Chancellor^  or  at  any 
•Iker  tioi«,  be  nevtr  ixice  bad  a  design  or  view, 
iftrwtsb  to  nii«e  tn  tnmself  any  ex«»rhitant  gain 
^profit,  jjji  10  the  whole  tenour  oi' 

I  hf«  and  n  the  truth  of  his  aaser- 

■^  my  lonYSf  h  an  loitance  how  little  the 

"   men  iiiiinted  with   thrmselvcs, 

n*  arc  liahh^  tij  mistake, 

I  taik  oT  liieirowi)       I   i;       man v  of 

lliaoiouiioist,  in  money  >  :\v r  l>een 

1  to  your  lordshtpt ;  oiore  wui  i>€  opened  ; 

t  antdy,  toy  lords,  jroQ  BOH  h%  of  opinion, 


that  thii  inordinate  longing  af^er  gaioj^  tli  ^ 
impotence  of  mind  where  money  was  cooaj 
cerned.  is  a  constitutional  weakness  in  tlti 
earl  of  Maccle»6eld,  which  ha«  given  a  ttnc*  ' 
tare  to  every  thing  that  passed  through  his 
bands :  your  lordsiiips  have  seen  hini  taking 
great  sums,  accepting  small  ones,  taking 
5,000/.  accepting  lO^A  taking  for  oftices  in  hit 
own  gift,  for  omces  in  the  gift  of  the  erown, 
taking  for  admiaaions,  taking  fbf  resignations  ; 
in  this,  indeed,  be  has  ahewn  an  imparttaliKy 
tliaty  00  every  other  account,  were  nighly  io 
be  wished  in  a  judge. 

My  lordst  I  would  not  trouble  your  lorj- 
abips  again  aAer  our  evidence  is  examined,  and 
therefore  h^g  leave  to  say,  that  the  Com  mom 
look  upon  tbe<*e  practice*  so  nearly  to  coiicera 
the  welfare  of  the  people  they  represent,  that, 
notwithstanding  the  great  part  they  bear  in  the 
constitution  of  this  realm,  they  hate  thought 
it  ifidispenMably  necessary  to  Appear  themaeh  eg^ 
and  demand  justice  of  your  lordships  ;  and  we 
do  it  with  the  more  pleasure,  because  we  are 
assured,  that  when  the  Cummons  are  prose- 
cutors, and  your  lordtihi|>s  judges,  the  rueanetl 
sul^tject  will  have  justice,  and  the  greatest  wiQ 
not  find  favour. 

And,  roy  lords,  considering  that  the  carl  of 
Macclesfield  IB  to  be  judged  hy  the  most  unjust 
asaembly  in  the  world,  of  which  he  is  himadf 
a  member  ;  it  is  hut  a  suspicious  syinpUim  of 
bis  confidence  in  his  own  nuegrity,  when  he 
lays  liold  of  any  subterfuge  to  avoid  your  judg- 
ment, or  endeavours  to  secure  himaelt  against 
any  part  of  iu  by  nny  plea  but  that  of  hia  tD> 
noceui*e,  and  the  justice  of  his  cause. 

Sir  Thomas  Pcne,flhf  bis  Majesty's  Seiyeaa 
My  lordii,  he  lore  the  Maiiagerii  lay  before  you 
lordships  any  evidence  u^mn  the  particular  Af 
tides,  there  are  »ome  thin|£>,  we  appreliend 
necessary  to  be  be  nikeo  notice  of  in  the  |nli 
duction  to  the  Articles,  whirh  are  not  sufllici-  ' 
ently  adrnilteil  by  the  lord  M uct^lej^tield,  in  bti 
Answer,  and  wherein  we  apprehend  it  will  be 
necessary  to  {five  your  Imdaihipa  »ome  satis* 
factioQ  ;  and  that  in  relating  to  hii;  immediate 
duty  as  Ltjrd  Cb^inceHor,  and  the  ohlt^iition  he 
is  under  ot  an  oaib,  which  is  admi<iibtered  to 
his  hirdsliip,  and  is  estahlmhed  by  act  nt  par* 
liaroeul.  My  lorda,  we  think  it  proper  to  lav 
thta  belore  your  lordships,  because  the  noble 
lortl  has  forgot  it,  not  only  in  his  Answer^  but 
in  hi*i  ciiudoct,  The  oath  ]&  established  by  the 
statute  of  the  l^th  of  Uioh.  3,  which  enacu. 
That  the  Chancellor,  he.  shall  not  name  or 
make  any  officer,  or  ttiinister  of  the  king,  fur 
any  g:ift,  or  brocage,  but  make  all  such  oncers 
and  miniftter^^  of  the  be«it  and  nio^t  lawlul  men. 

My  lords,  f  lieg  leave  to  shew,  that  this  oalh 
is  estallikhed  hy  act  of  parliament,  ami  after* 
wards  shew  your  lordships,  that  it  has  been  ad* 
ministered  to,  aorl  taken  by  the  ooble  bii 
within  Ibe  bar.  It  is  the  statute  of  the  1^  of 
Hich.  12,  chap.  !}«  which  eiyoina  ibis  oath  to  be 
taken  by  his  lordship. 

Blf,  LttfrycAe.  My  lords,  we  atq  tioi^itS&&is^^ 


*87] 


10  GEORGE  I. 


Trial.cJiLe  Earl  ofMaccitifidd, 


to  trouble  Toar  lordshipt  with  more  than  is  ne- 
ces^aiT,  or  to  go  aboat  to  prOTe  those  ibmgs 
that  are  admitted  by  the  Earl*s  Answer,  but 
where  they  are  not  futly  admitled  in  such  a 
miDtier  as* tbey  are  charged,  and  wiili  all  that 
adraDta^  that  we  think  we  can  make  of  them, 
we  TDiui  hcg  leare  to  tronble  yonr  lordships 
wlih  the  proof  of  tbem.  My'lords,  itisad- 
mine.l  by  the  Answer,  that  there  was  an  oath 
of  office  taken ;  and  it  is  likewise  set  forth  in 
the  Answer  what  that  oath  was;  hot  the  An- 
swer goes  no  farther,  and  doth  not  admK  any 
thing  as  to  another  oath  founded  on  the  statute 
of  the  12tb  Rich.  9,  which  hath  frequently  been 
taken  by  the  noble  lord ;  we  think  it  therefore 
necessary  to  hare  the  statute  of  Rich.  2,  first 
read,  and  the  oath  that  is  there  prescribed,  and 
to  shew  you  that  the  noble  lord  within  the  bar 
did  take  that  oath  sereral  times. 

Then  the  clerk  read  the  statute  of  18  Rich. 
S,  chap.  2,  riz. 

"  Item,  It  is  accorded  that  the  chancellor, 
treasnrer,  keeper  of  the  priry-seal,  stewani  of 
the  king's  house,  the  king's  cnamberlaio,  clerk 
of  the  rolls,  the  justices  of  the  one  bench  and 
of  the  other,  baruns  of  the  exchetjuer,  aud  all 
other  that  sbsll  be  called  to  onlam,  name,  or 
make  justices  of  peace,  sheriffs,  esclieators, 
customers,  comptrollers,  or  any  other  officer  or 
minister  of  the  kin|^,  shall  be  firmly  sworn,  that 
they  sfaal:  not  ordain,  name,  or  make  justices 
of  peace,  sheriff,  escheator,  customer,  comp- 
troller, nor  other  officer,  nor  minister  of  tlie 
lung,  for  any  gift  or  brocage,  farour  or  affec- 
tion ;  nor  that  none  which  pursueth  by  him, 
or  by  other,  pririly  or  Ofienly  to  be  m  any 
manner  of  office,  shall  be  put  in  the  same  uffice, 
or  in  auy  other,  but  that  they  make  all  such 
officers  and  ministers  of  the  best  and  most  law- 
ful men,  and  sufficient  to  their  estimation  and 
knowleilge." 

8erj.  Fenedlif.  We  beg  leave  that  Mr.  Eyre 
may  be  produced  and  sworn,  in  order  to  prove 
the  administration  of  this  oath,  and  to  prove  the 
noble  lord's  taking  it  several  times. 

Mr.  Thomoi  E^re  sworn. 

Serj.  Pengelly.  My  lords,  we  desire  that  Mr. 
E>'re  may  be  asked,  Whether  he  is  an  officer 
of  the  Exchequer,  and  what  that  book  in  his 
hand  is? 

Eyre.  My  lords,  this  book  I  have  had  in  my 
custody  ever  since  I  have  been  in  the  office.  I 
hate  been  there  forty  years.  This  is  the  book 
in  which  the  statute  of  12  Rich.  2,  is  entered ; 
and  before  the  privy  council  name  the  sheriffs, 
this  statute  is  read  over  to  them,  and  then  the 
privv  counselors  are  all  sworn. 

Mr.  Lk  ivy  eke.  My  lords,  we  desire  the  oath 
mav  be  read. 

Jtyre.  There  is  no  oath  in  the  book,  it  ia  only 
the  statute. 

B.  of  Ifac.  Will  your  lonlships  be  pleated 
that  be  oiaj  mmk  aloud.  Uc  saya  there  it  bo 
wth  IB  the  book. 

^lae.  Tlio^Bteiii^BBdfiiio^ipjtie 


read  the  book  i«  presented  to  the  privy  eon 
ioTs,  and  they  are  sworn. 

Serj.Pme//v.  My  lord?,  we  desire  he 
be  asked.  Whether  he  was  present  at  any 
when  the  eari  of  MacclesAeM  has  Uke 
oath  to  perform  this  sutute  in  the  Cue 
Exchequer  ?— JEyre.  Yes.  sereral  times. 

E.  of  Muc.  I  beg  leave  to  ask  this  qui 
in  the  first  place.  Is  there  auy  oath  there  L 
book? 

Eyre.  No,  nothing  but  the  statute  of  J 
ard2. 

E.  of  3fsr.  Nothing  bu!  the  statu 
Rich.  2. !  What  is  it  you  read,  or  do  ai 
time,  when  you  say  tlie  privy  counselkn 
sworn  ?  '  ' 

Eyre.  As  soon  as  this  statute  is  reaj 
Bible  is  presented  to  the  privy  counsel  Ion 
they  kiss  the  book. 

£.  of  Mac.  Is  there  any  one  word  si 
them,  or  by  them  ? 

Eyre.  No ;  the  statute  is  read  over,  aa> 
priry  counsellors  kiss  the  book. 

Se^.  Pengelly.  My  lords,  we  desire  be 
read  it. 

£.  of  Mac.  My  lords,  I  desire  that  he 
read  the  ver)'  words  in  the  book,  as  be  i 
them  in  the  Exchequer. 

[3Ir.  Eyre  reads  the  sUtute.] 
"  Anno  xii  RicharJi  Secundi. 

**  Item,  Accorde  est  et  asKientez*  qo 
Chancellor  et  Treasurer  Gardein  du  Priry 
Seoescall'  de  Hosteil  le  Roy,  Cbamberleyi 
Roy,  Clerke  du  RJls.  Justices  de  luoe  tiu 
de  lautre.  Barons  de  le  Exchequer  et  touU 
tres,  que  Serrouot  Appelles  Dordoigner  w 
on  fair  Justices  de  la  Peace,  Viscounts 
cheators,  Customers  Compimllcrs,  on  As 
autre  Officer  du  Roy,  ou  Ministre.  seroit  iii 
meot  Jurez,  et  Seremcntez,  quiU  ne  Onlc 
noient  ne  faceut  J  ustices  de  la  Peas,  Viscc 
Esclieators,  Cust'imers  Comptrollers,  ue 
autre  Officer  ne  31inistre  du  Roy,  pur 
manner  Don*  ne  BnK"age  favor  n*  a§ec 
ni^ue  nnll  que  |iar  sui  jtar  luy  ou  par  aub 
priv'  ou  en  A  pert  Des:re  en  Ascune  ma 
Office,  soit  mijs  en  uicsiiie  V  Office,  ou  eo 
cuoe  autr',  unque  que  ils  lacient  toutz 
Officers  et  Ministers  de  le  pluis  Bon  et  Lo 
et  les  pluis  sufficientz  a  lour  essient  et 
Conscience.'* 

E.  of  Mac.    Those,  you  say,  are  the 
words  you  read  at  that  time  wlien  the  sbi 
are  nominated  in  the  Court  of  Exchequer? 

Eyre.  Yes. 

E.  of  Mac.  I  suppose  you  read  in  that 
manner? — £yrf.  \es. 

£.  of  Mac.  Do  you  say  auy  one  syl 
more? — Eyre.  No. 

E.  of  Mac.  In  the  next  place,  I  desif 
may  tell  vour  lordships  what  it  is  that  the  d 
does  at  this  time  ? 

Eyre.  He  carries  the  book  to  all  the  | 
counsellors,  and  they  kiss  it. 

B.  of  Aloe.  2>Qii  he  Mt  any  it  to 
judgvtMf 


Jhr  High  Cfimes  and  Miidemeamn* 


A.  H.  1*725- 


[83(J 


,  9ttry  one  present  Icisie^  the  book. 
Does  be  tay  atiy  tbing  io  ttiem  ? 


Ton  nay  he  dnf** 
bi  ? — Evrf,   No^  not ! 


'  any 
I  car- 


foWi  of  the  privy  council  f 
Y<-F,  my  IcirtJi,  it  has. 

My  loi-Js,  it  seems  to  he  ft 
ji"    this    h    swearing'    at    ali- 
ke llie  quest  ton  I  «iealre  may  he  nsked 
iie«n,  i^,  u  Imt  h^iok  it  is  they  ki«s? 
-  Bible. 

_  he  may  he  asked, 

tniH  ri  ifu  not  ipocu  taken  to  b*^  twear* 

m  to  do  ^f'hat  is  commanded  by  this 

prolyl*  My  tords^  we  hejj  leave  to  ob- 
k  »♦  *.,....*;,.,.  ^Ve  apprehend  the  wii- 
'^ivc  evidence  as  to  ihe 
.  ;,„L  1  ,„_  uis  reasouji  iind  eoostruc- 
fuct, 

TMtj^yrhc.    My  lords,  !  beg  leave  then 

•  that  I  hope  they  won't  object 

no  thiR  is  not  tne  manner  of 

f  the  lordSf  upon  the  uomioatloo  of 

in  thf  Conrt  of  Exchequer? 

My  lords,  we  hurubly  beg 

.  thariju^'stion  :  we  apprehend^ 

Aiih  tlic  former, 

your  lordships 

I  iTi<i  allthat  is  done 

:  is  produced.    He 

j.>   ii*»:  uct  of  parliament  is 

lie  book  ;   nothing  h  asked  of 

w-i  i  I  i'"j  answerc-d  :    n ml  yet  the 

|B  i  to  ask,  whether  this  iu 

«  A;^  The  witne»t  hatt  given  his 

I  9  tvill  determiQe  whether 

My  lords,  1  desire  he  may 

T  t Ill's  l;i*j*<tnf:f  the  Dihle  upou 
My  doue  at  i^e 
-,•>•     ... 

^Us  ^uuii    as  cvLr  the  act  is  read 
^Hvy  counifdlors  kiSK  the  Uible, 
^B  it  tnay  be 

Wk'  <ie  nr  an* 

||jr»li«'Uii^  rciurr    iiuj    Ktss  ine   bi)ok  111 

Doer? — Et/rc,    No^  they  do  not. 
'^'^ ''v.   My  lonlii,  we  ■hull  rest  this 

f.   My  lords,  T  wonid  be  qflad 

ini|j[ht  bo  askeil  the  witneiM; 

ks  Roy  entry  or  nu  isiiMdiiilutn 

1 10  the  Court  of  r,  «f 

'»v  thf*  pnvy-c*.n«  ik  this 

s  ihere  is  iitii, 

'TTjit  ihii  mfiftor  to  y*>nr 

\t  an  nalh 

I  hits  been 

N  not 

will 

gi  nr  I  <tr  pnj  uuincxii,  ivc  iciivcto 

'  toietit. 


Serj.  Pengelly.  We  thall  leave  this  evidence 

to  your  lordKhips,  n»*l  submit  it  to  your  detef- 
ininution,  whetl»er  this  nohle  Earl  can  excaflf 
hJinsflf  froni  this  oblig^jUion  to  this  act  of  par- 
hatnent,  iis  an  oath  ?  It  is  yery  probable,  by 
his  future  coiuUict,  he  mii^lu  he  of  opiniim,  that 
there  was  no  obti;4^iition  ut'  uny  act  or  oath  upon 
him  :  but  upon  the  evidence  given,  we  shall 
tiuhfuit  this  tact :  and  shall  next  proceed  lo  calt 
some  witnesses  to  give  au  account  of  the  nature 
of  the  offices  of  ihe  Masters  in  Chancery,  who 
nre  admitted  by  the  noble  lord  within  the  bar; 
We  aXmW  produce  the  Oftth  which  is  adminis- 
tered lo  every  Master  in  Chancery  upon  his  ad- 
miaiion :  then  we<batlsbew  the  commissions 
from  Edw,  the  Oth*s  lime»  and  so  from  iin»e  to 
time,  lo  this  day  ;  wherein  the  MastciH  in 
Chancery  are  joined  with  my  lords  the  jtidges 
to  hear  and  determine  causes  in  the  absttice  of 
my  Lord  Cliancellor ;  (0  punish  conteutptk.  to 
execute  and  administer  a  jurisdiction  in  that 
Court.  The  particular  oath  very  little  varieg 
(rotn  the  oath  administered  to  the  Lord  Chan- 
cellor, which,  in  his  lordshipV  Answer,  is  set 
out  at  large.  However,  we  shall  now  beg 
leave  to  produce  the  oath  :  and  to  that  purpose, 
we  desire  Mr.  Pynisent,  the  deputy -clerk  of  the 
crown  in  Chancery,  mav  be  examined,  and  be 
will  produce  the  oath  before  your  lordahips. 

Mr.  Pyment  a  wore « 

Serj.  Pengetly,  Sir,  will  you  produce,  before 
the  I^rds,  the  oath  administered  to  the  Mas- 
ters in  Chancery,  upon  their  admission  to  their 
offices  ? 

Com.  S€rj.  My  lords,  we  hope  he  shall  give 
an  uceount,  whether  he  hath  seen  the  oatU 
taken,  and  hath  administered  it? 

P^nscnt,  Yes,  ray  lords,  I  have  seen  the 
oath  taken,  and  have  administered  it  myself. 
[Reads  the  Oath.] 

Sacru^m  Ma^utrorum  Cancellark* 

*  Ye  shall  swear  tliat  well  and  trulie  ye*  sbalt 
(  serve  the  kinge  our  soverei|^D  lord,  and  his 

*  peopte,  in  the  office  of  one  ot  the  Maisters  of 
t  his  Chaunccrye,  lo  the  wbiche  ye  be  est  1  ted  : 

*  ye  shall  not  assent,  ne  procure  the  dishery- 
i  taunce,  ne  perpetual  daoiage  of  the  kinge,  to 
<  your  power ;  ne  fcaude,  ye  j*hall  doe  or  cause 

*  to  he  made  tirongfuUye  to  anyc  of  his  people^ 

*  ne  in  any  tiuuge  that  touchtthe  the  seale  : 
t  and  J.i^vi-.ti' '    ve  shall  connsail  the  thinges 

*  that  t<  iiti  kinge,  when  ye  shall  he 
«  thereuiiL  ::.,:,. i -if.     Aiul  the  couii>iHylt  that 

*  ye  shall  tfeve  touching  hiin,  yt««hall  not  dis- 

*  close.  And  yf  ye  know  anyr  l hinge  of  the 
^  tli%h'^rytaurice  or  damage  of  the  kinge,  or 

*  frail  de  to  l*c  tnade  upon  anye  I  hinge  that 
«  toucbethe  thr  keeping  of  the  sealc :  ye  shall 

*  put  yonr  lawJull  imwcr  it  to  redresse  and 
(  amende  ;  and  yf  that  ye  caniMit  do,  ye 
'  shall  ddvyte  iheChauncclWi  or  Loidc- Keeper 

*  of  Ihesente,  or  other  whiihe  rnny  that  amonde^ 

*  lo  your  power.  As  (itwl  you  hclpe,  aod  by 
« the  content  of  this  boke/ 

Serj.  Pcngedy,   My  lordifp  there  will  be  dv- 


831] 


10  GEORGE  L 


Trial  of  the  Earl  ofMaccUrfieU^ 


tBSi 


Rctiofifl  git  en  to  laj  a  eopy  of  thb  Mtb,  at  we]] 
■1  copies  of  other  reoordi,  opoo  yoor  lonbhips' 
table. 

The  next  evidence  we  shall  produce,  are  com- 
aissions  begioDinff  in  the  time  of  Edward  6,  to 
this  time,  granted  to  Masters,  appoiniing  them 
to  hear  caines,  te.  The  6 rat  commission  we 
•hall  produce,  is  dated  the  9th  of  October,  the 
4th  or  Edward  6.  My  lords,  we  desire  that 
BIr.  Paxton  may  be  sworn,  who  has  copies  of 
these  commissious,  and  has  examined  them 
with  the  records. 

3Ir.  Ralph  Paxton  sworn. 

Sen.  FemgtUy.  My  lords,  we  desire  that  he 
may  be  askai,  whether  the  cofiies  in  his  hand 
are  true  copies,  and  where  they  were  exm- 
mineil  ? 

L.  C.  J.  King.  Are  they  true  copies,  and 
where  did  you  examine  thum  ? 

Faxion.  3Iy  lords,  they  are  troe  copies. 
1  examioed  tl>em  in  several  places.  I  must 
look  upon  each  of  them,  and  then  1  shall  tell 
your  lordships  where  1  examined  them.  I  ex- 
aooined  some  at  the  Rolls,  some  at  the  Petty- 
baff-ofiice,  and  !fome  at  the  Report-office. 

L. C.J.  King.  Did  you  examine  them  all 
there  ?—Paj-/ofi.  I  did. 

Seij.  Ptngellu   Are  they  true  copies  f 

Parlon.  I  believe  they  are,  1  took  a  great 
deal  of  care  and  pains  in  examining  of  them. 

Seij.  PengcUjf.  My  lords,  we  desire  that 
these  copies  may  be  read. 

Mr.  Strange.  Are  they  upon  stamps  ? 

Parlon.  Yes,  Sir,  with  a  double  sixpenny 
•tamp. 

Serj.  Pengtlly.  My  lords,  it  seems  they  are 
stampt  ;  biiice  they  make  an  objection  of' that 
nature,  we  desire  tliey  may  be  read. 

[CUrk  reads.] 
<<  Sexta  pars  Pat'  de  Anno  Ragni  Regis  Edri 
Sexti  quarto. 

<*  Rex  &c  Dilcis  et  fidelibus  Coosiliariis 
Snis  Rbto  Southwell  Mi!iti  Custodi  ac  31as^ro 
Rotulorum  Cancel lar'  nre  Wiilo  Portman  Mi- 
liti  uni  Justir'  nrorum  ad  Plita  coram  \ob*  te- 
nend*  assign'  Jacobo  Hales  Militi  uni  Justic' 
nrorum  de  Banco  Rico  Reade  Militi  et  Jobi 
Tregonwell  Aro  Magris  Canceller'  nre  predce 
Ac  Dilcis  SibiJohi  OlyverClico  Willo  Cooke 
Aro  Johi  Croke  Aro  et  Anihooio  Bellassis  Clico 
llagris  ejusdcni  Cancellar'  ore  Saitm.  Quia 
Predilcus  et  fidelisConsiliarius  nr'  Ricns  Riche 
Miles  Dus  Riche  Cancellar'  nr'  Aa^irt'  aden 
Corporis  invalitiidine  ad  presens  labornt  qd  ad 
ea  que  in  Cur'  Cancetlar*  nre  in  causis  et  ma- 
teriis  int'  diversos  ligeos  et  Subditos  nros  ibi- 
dem pendent'  tractand'  audiend'  discuciend'  et 
terminand'  Sint  et  fieri  debeant  ad  presens  pro 
tempore  non  Sufiiciat  Considerantes  igitur  ipm 
ad  Saltm  cicius  p<»sse  restitui  Si  ab  arduis  ne- 
gociis  nris  et  detminacoe  causarum  in  Cur' 
Cancellar'  nre  penden'  ad  tempus  alistineat  Et 
Volentes  nichikminus  interim  in  ejusdem 
Cancellarii  nri  absencia  omibns  et  Singulis  li- 
feis  at  anbditis  nris  quiboicamq;  iBitiat  tQai 


in  Cor*  CanceHar*  nre  predoepi 
plenam  ct  oelerem  Justiciam  exhiberi  Ac  delT- 
delitatihus  et  proridis  ctrcumspecooiboa  vris  ple- 
nina  Confidentea  Aasignavimua  Voa  oeto  Sepiem 
Sex  quinq;  qnatuor  et  tres  vrm  quomm  voa 
prefat'  Robte  Wille  Porteman  Jacobe  Hals 
Johea  Oiy  ver  et  Johes  Croke  ana'  esse  Volnraua 
Ac  tenore  presenciu'  Damns  Vob'  octo  Septem 
sex  quinq;  qnatuor  et  tribas  vrm  quorum  ali- 

3aem  vrm  Vos  prefat'  Robte  Wille  Poiteaaa 
acobe  Hale,  Johes  Olyrer  et  Johes  Crooke 
unu*  esse  Volumus  plenam  potestatem  ct  aoe» 
toritalem  audiend'  et  examinand'  qgasciiinqg 
materias  canaas  et  peticoes  coram  Nob*  inCao- 
oellar'  nra  int'  qooacnmq;  ligeoa  etSubditasvof 
tunc  pendent'  et  impustmm  ibidem  exhftoif 
et  penden'  et  easdem  matias  caosaa  et  pdioMS 
juxta  Sanaa  discrecoes  vras  finalit'  timnaaf  Ct 
debit'  execuoi  demandand'  partcsq;  innsi^ 
Sive  causis  vel  peticoibos  illia  noitas  et  £bso- 
ficatas  ac  testes  et  alios  quosconq;  qaosYob' 
fore  videbitor  evocand'  qnociens  exjiediR  vide- 
ritia  coram  Vob'  octo  Septem  Sex  qoiu^  qos- 
tuor  vel  tribus  vrm  quorum  aliqneni  vma  vos 
prefate  Robte  Wille  Portman  Jacobe  flikf 
Johes  Oly  ver  et  Johes  Croke  una*  eaw  To* 
Jumus  evocand'  ac  ipoa  et  eonim  queaak  de- 
bite  examinari  compellend'  diesq;  prodoctsrioi 
imponcnd'  et  assignand'  prooeasusq;  ouascuBq; 
in  ea  parte  neceasarios  ooncedeoa'  ct  fieri 
faciend'  contemptus  etiam  quoscumq;  ibiito 
comiss'  Sive  perpetrator  debite  castigaad*  d 
puniend'  ceta<{;  omia  et  Singula  faciend' ctci- 
eqncnd'  que  circa  premis&a  necesaaria  faenit 
Sen  qoomodolit  oportuna  Et  ideo  Vob'  Mid- 
damus  qd  circa  premissa  diligent'  intendatii  le 
ea  fac*  et  exequamioi  cum  elfcu  Maodsmo 
etiam  tenore  presenciu'  oinibus  etSingiflisOffi- 
ciariis  ct  Ministris  nris  Cur'  nre  predce  qd  Vok' 
octo  Se|)tem  Sex  quinq;  quatnor  et  tribus  vnn 
quorum  aliqnem  vrm  Vos  prefate  Robte  Wille 
Porteman  Jacobe  Johes  Oliver  et  Johes  Croke 
Semper  unu'  esse  Volumus  in  execueoe  pif 
missurum  diligent'  intendaiit  prout  deoet  Va* 
lumus  etiam  et  per  presentes  Concediroos  qa^^ 
omia  et  Singula  judicia  Sive  finalia  deocti 
per  Vos  octo  Septem  Sex  quinq;  (|uatuor  fd 
tres  vrm  quorum  aliquem  vrm  \o8  prefirie 
Robte  Wille  Porteman  Jacobe  Johes  Oly  ver  ct 
Johes  Crooke  unn'  esse  Volumus  Semper  bam 
causis  Sive  materijs  reddend'  Sive  fiend'  Sint 
et  esse  debeant  tanti  et  consimilis  valoris  eff* 
cus  efficacie  roboris  et  virtutis  ac  si  per  Cti- 
cellariu'  nrm  AngP  et  Cur'  Cancellar'  pretke 
reildit'  Sive  reddend'  foreot  Proviso  Semper  ^ 
omia  et  Singula  hujusmodi  judicia  Sive  fiaal* 
Decreta  per  Vos  octo  Septem  Sex  quinq;  OtM- 
tuor  vel  tres  vrm  quoniiu  aliquem  vnn  Vol 
prefate  Robte  With;  Porteman  Jaoobe  Jobd 
Oly  ver  at  Johes  Croke  unu*  e«se  Voluoim 
virtute  presenciu'  reddend'  Sive  fiend'  BU- 
nibus  vris  octo  Septem  Sex  quinq;  qui- 
tuor  vel  tres  vrm  quorum  aliquem  vrm  Vol 
prelate  Robte  Wille  Porteman  Jacobe  Johtf 
Oly  ver  et  Johrs  Croke  unu'  esse  Voloinai 
Subscribantur  et  coosignentur  et  Superiada 
eadem  judicia  Sirt  dccrata  pre&i*  CucaUM* 


"•1 


•1 


Jhr  High  Crimes  and  Misdemeanors* 


A.  D,  1725* 


[S» 


\  present etitur  fi  lifrH^ntur  ut  iiJem  dmceUar' 

■r'  anl<'i(ttArii  irroiiiltiunr  » udem  8imilU'  itmhu 

\tu  ctm^i)(fiet  In  ri»ju<i  rei  teslim^miu'  bi»s  Lra« 

I  rien  lecmui»  J^a(em«>$  u*.qi   uUiuiii'  diein 

rcinlir'  profur'  limit'  duraiur^  JSi  oou  iQlrim 

alits  lltiis  nrufi  Pai^'niifs  huic  ConusHioni 

sferi  ilccrrv (primus  1\  R.  apad  Westni* 

ifie  OcIoIh' 

Wr  ipni'  il#'^^ptn  Conconlai*  cum  Recordo 
i  Exatiimai'  |»f  r  me  W«.  Uookr/' 

Serj.  Tengcty.  We  liave  several  others  of 
be  same  iisityrrf*,  wbkh^ve  h:ive  proved,  and 
'  all  not  tr(i(d)te  30m  lord«Ui|i$  lo  read  ihem. 
k'e  hIi«H  beg  leave  to  lay  ihem  on  your  lord* 
iirpsi*  iiilile,  VVp  shntl  now  desire  to*read  some 
c^ininissiohs ;    s'»ine  g^rapled  when   the 

ble  U>rd  ntthin  the  kar  tmd  l1»e  cuuludy  of 
bf  seiih  hiTTiseltV 
Jafi  ii^MociUsftetd.  Ifyonr  lordships  pleiue, 

►  diite  of  ill  At  may  he  read. 

[Clerk  rtflds.] 

**  i»etinciii«    Dei   Gra'    Mi^e    DritiiotiiEc 
ci    IJihniae    Hex   fidei   defeoR<ir  -Sec, 
prvdilecto   et  fidtdi   Consiliano    »m   JoAefilm 
1  Mir  Matfio  Roiiorum  Cur'  fJauc'  iircoc 
Bis*  el  fidclihiw  tiris  IjHleton  P<»wy8  Mir 
liisiiciiir*   iironir?!  ad  plita  corstni  tiohis  le- 
nd' assign*  Jo  hi  li  led  cow  AMI'  t«ti'  Jiistictar* 
itfi  de  Fiutu'O  Hohto  Trney  Ai'  al' Justi- 
if  iirrtrimi  de   Bmicn    Robta'  Price  Ar'  iin' 
»Secij.    nti  .\t%\v\  Sftilih    Ar'  aP   Biiioti^ 
8ccy*  nn  Hobtn  Uiirmer  Ar*  tin' Justiciar'  urn* 
rtini  de  llHOcn  {£ubt«)  Ejrt'  Mil*  iiti'  Juilidar' 
fcruriini  ad  pliln  comm  nnlirs  teivend'   Jissicrn* 
fPohi  Prali  Mil'  «!*  Jnsiii-ijir'  nn^nim  ad  \%\\U\ 
eoroin  iiirbia  teneiici*  a?«sj«tr  Ji>coho  Mnuiiia;;ii 
llliT  uti*  Ituron'  8ecij  i»ri  J  obi  Furtcscue  A  bind 
Id'   un*  Jiaroii'   Hcrij  nri  Tbotne  Gery  Wil' 
^%\\i^  llrtjjetw.ltdii  Hiectjcks*  U'iKn  Felbms  Ja 
§Jdlev  Johi  Orlehar  Fieelwood  lioriner 
•ucli    Br<»Htiii)tr    Robto   Hoifoiii   Henrico 
and  ei  Jidit  Hennet  Arts  fiiillin  Quia  |)re- 
I*  et  fidel*  t'onsiliar'  nostr'  Tlmtnas  Dums 
■  Cancelhir*  nosir'  iiiuij^ne  BnUnnie  mis 
liiiis  negotiis  ex  Matidato  nro  continue  ai. 
Dtk!n«  in  emiltn  ndeo  versotur  quod  continue 
lle^deire  non  potenteji  que  in  Causiii  et  ma- 
rrib  inter    diversosi   hgeo^  et  subilitos    nros 
iliou    in    Ciir'    nm    Cancellar*    penderf 
'   trartamP   audiend^    esrpediead*    di^cu- 
ud'   et  tffimlnand'  sint  et  neri  debeot  N<ni 
emiasa   i'un^tderantes    toteoiesq;    eibus    et 
^int^tilis   ligeis    nrit   ac  allis   f]uasciittq;    ma* 
terittt  Ruas  in  eadm*  Cur*   Caocellar'  prose- 

J  yen'  ufe  proseeutur'  (deimrn  et  celerEm 
imicium  exhiberi  trim  in  abi^eutia  quam  in 
pmeDtia  preiltct'  CanctUtr'  ho^rr'  M%^t\* 
britanu*  mc  de  6delaaie  et  |irovidis  circuni- 
cpeciobus  Tris  in  hac  parte  pluiiiu'  contl- 
deote  asbig'navimns  V(»s  ac  tenure  preniinin 
Damufl  Tob*  etaliquihnt  trdm^  vel  pfnr^  vrm 
CiuDium  pretat'  Josephnm  JekvH  LiUletim 
Vovtyi  Job  em  Blem^oe  RohtumYracy  Roh- 
lum  Prrre  Jobem  Smith  Roblum  borm*r 
Rnbtnin  KyreJuhem  Prat  Jai'obnm  IVlouMlagu 
ct  Joheni  l^oitescue  Ataod  ttoum  flsse  rolumiiti 
VOL.  X\  I. 


io  abieDlia  diet*  Caticellar*  nostr*  M(ign«  Bri- 
tannia plen'  prefat'  et  auetat'  audiend^  et  exi- 
(nrtiamr  quascunque  mater ias  Causae  et  peti- 
liones  coram  nobi*  in  dca  Cancellar*  nm  inter 
quoscuDqne  Ugeos  et  subditos  aut  alios  qno«- 
cuuque  nunc  penden'  aul  Im|K>!*ter'  ibni  exbi- 
bend'  et  penden^  material  Causae  et  pelictinf  4 
Juxta  Sanaa  di*icrelioues  fras  vel  trium  «rm  Uno* 
rum  prefat'  Jo&epbum  Jekyll  liltletan  Powya 
Johem  Bleow**e  Robtum  Tracy  Robin m 
Price  Joh cm  Smith  Rohtum  Dormer  Robtum 
Eyre  Jniiem  Pratt  Jacobuin  Mou»ita)^u  ri  Jo- 
hem  Fortescue  Aland  unnm  esse  volnmus  fiua- 
liier  terminand'  el  debit*  exeeulion*  deuiand- 
and'  Partesq;  in  materii^  caiiKis  seu  petit  to  nib  isn 
illia  nominal'  et  sii^niliciit'  rie  Tester  et  alios 
ffuoscunq;  quos  vnbis  vel  iribua  rrni  (ut  pied' 
e«Jt)  fore  videhitnr  erocand'  quOltts  expedire 
▼ideritiH  coram  vobis  vel  trihus  vrm  (itt  pred* 
eat)  evocand*  Ac  ipsoa  et  eorum  quern h bet  de- 
hiie  exnnnitiiri  dse^q;  produciiores  im(mncnd' 
el  assig-nand  *  pr«c<»*»supq;  quoscnnq;  in  ea  parte 
uece«sar*  roncedend'ac  tierif^cieud'  Conlem|i- 
tuN  etiam  quoscnnq;  comisj*'  sive  \\y  '  ^le- 

hite  rft^tigand'  el  puuicnd'  ceterut^;  -la 

faciend'  et  exetpiend'  que  circa  prt m,*  a  nteen- 
sar^  tnerini  lien  qnumotlulibct  o|iportnn:i  £t  idea 
fohisinanilaniM»  qtl  circa  pretuis^^a  chbgeiit'  ifi* 
tendatix  et  eu  tat'  exequamiol  cutn  elTiu  Man- 
damus etiam  lenore  ptefiutim  Ol^ciar'  et  IVli* 
tiistr*  Cur'  ore  Cane'  pved*  qd  vobii*  vd  trihua 
vrm  (ut  pred'  est)  in  execnc'  premiscorum  dih- 
i^cnler  m ten dunt  prout  decet  Volumua  etium  ao 
per  prenteacoficedimusquod  oia  et  singula  in- 
dicia sive  fniiVlia  decreta  ac  Ordine^  per  vos  aut 
trtjs  vruin  ut  pned*  est  super  hum'  causis  aire 
materijf  ac  pelicioibmi  11 1  prefer!  ur  redd  end' 
sive  lieud'  sint  et  esse  delieant  tanU  et  consilis 
valor'  efl'ect'  efiicabtie  rolmris  et  virtute  Ac  ai 
per  pried'  Can  cellar'  nosti'  Mtitruai  Biilut)ni« 
et  Cur*  Canc«IUr'  nre  pned*  rfiblif  sive  red- 
dend'  lorcnt  Proviso  tamen  quod  nia  et  aingttlft 
indicia  sive  finalia  decretn  per  vos  fel  treari m 
ui  pried'  est  virmte  preutium  niodo  et  forma  ut 
priEdicitur  reddend'  sire  fiend'  Manibus  *ri» 
vel  trill m  I'rm  Quorum  prefat'  Joftephnm  Je- 
kyll Jitileton  Powya  Jtdjem  Blencmvc  R^ibtum 
1*racy  Robttim  Price  Jobem  Hmitii  Itobinm 
Dormer  Robtum  Eyre  Johein  Pr;itt  Jiiooburn 
Mountagu  et  Johem  Fortescue  Aland  unum 
ease  volumus  subtocrilientur  et  onnsi<^nentur  et 
Buperinde  eadem  Judicisi  aire  finalia  decreta 
prefat'  CancHlar*  nostr'  Magn'  Bntan*  presen- 
tentur  el  libeutur  Quodq;  nuil'  eomndem  Ju- 
dieior'  sive  tiual'  ilecretur*  irrotuleiitur  aut  quo- 
vismodo  exectil'  i»int  antet]aam  idem  CanceltaiT' 
nostr'  Magn'  Britann'  eji  maun  sua  propria 
Ktliter  conHgnel  Et  quod  be  !i^  nre  Patenlea 
dura  bunt  et  pernvanebunt  in  pit  no  robore  el 
eliect'  donee  aliter  per  alias  Iras  nru  Patentes 
buic  Coiruni^Bioni  »u|ier9ederi  mandaL^  forel 
aut  pra&dicl'  Cancellar*  ooatr'  Magn'  BriiAnn' 
in  plena  Cur'  determinari  decret'  et  ii  roUiiat' 
erit  In  cujns  ret  Te^timonin'  has  Jni$f  iirat  lieri 
tecimus  Patentee  Teste  meipso  apod  Weatnci* 
duodecimo  die  Maij  Anno  fiegni  ooitfi  quaria 
Per  ip^atn  ReireiLi  H«i«iaa." 

3U 


I 
I 


I 


I 


835] 


10  GEORGE  L 


Trial  of  the  Earl  ofMaccle^eUf 


[8S6 


Seij.  Pengdfy^  We  demre  that  there  mty  be 
another  ooinrnLBuoo  read,  dated  the  80th  of  Ja- 
nuary, the  8th  of  the  king. 

IClerk  readi.] 

**  Georgios  Dei'  Gratia  Mairns  Britannic, 
Franciae,  et  Hil»ernie  Rex,  iidei  Defensor,  &c. 
Predilecto  et  fidel'  Consiliar*  nro  Joaenho 
Jekyll  Mil*  Masro  Rotulor'  Cur*  Cancellar' 
nre  ac  Dilds  et  Fidelibus  nris  Littleton  Powys 
Bill'  un'  Justic'  nroru*  ad  piita  coram  nobis 
tenend'  assign*  Johi  Blencow  Mil*  un*  Justic* 
nrorum  de  Banco  Robto  Tracey  Ar*  al*  Justic* 
nrorum  de  Banco  Robto  Price  Ar'  un'  Baron' 
Sccij  nri  Robto  Dormer  Ar*  no'  Justic'  nrorum 
de  Banco  Robto  Eyre  Mil'  un*  Justic'  nrorum 
ad  plita  coram  nob*  tenend'  asaign*  Jacobo 
Montagu  Mil'  un'  Baron*  8ccij  nri  Johi  Fortes- 
eue  Aland  Mil'  un'  Justic*  nrorum  ad  plita  co- 
raronob'  tenen<l'  assig^'  Franco  Page  Nil'  un' 
Bamn'  Scctjnri  Jolii  Hiccocks,  Willo  Fellowes, 
Robto  Holtbrd,  Henco  Lofibond,  Johi  Bennet, 
Ric«  Godfrey,  Jacobo  Lightbonn,  Johi  Borret, 
Edro  Conway,  Henco  Edwards,  et  Willo  Ky- 
naston,  Ar*  salum.  Quia  Charissitnus  Con- 
sangoineus  et  Consiliar'  nostcr  Thomas  Comes 
de  Macclesfield  Cancellar'  noster  Magne  Bri- 
taunis  nostria  ardnia  negotiis  ex  Mandato 
nostra  continue  attendens  in  ciadem  adeo  ver- 
aatur  quod  continue  atteodere  non  potest  ea  que 
in  Causis  et  Nateriis  inter  dirersos  ligeos  et 
subditoe  nostras  ac  alios  in  Cur'  nostra'  Cancel- 
far'  nendeo'  agen'  tractand'  audiend'  expe- 
diena'  diacutienu'  et  lermiDand'  aint  et  fieri  de- 
bent  DOS  premiasa  cousiderantes  volentesq;  om- 
nibua  et  singulis  ligeis  nostris  ac  aliisquasconq; 
•materiaa  suas  in  eadem  Cur'  Cancellar'  prose- 

Joeod'  sive  prosecntur'  plenam  et  oelerem 
usticiam  exniberi  tam  in  absentia  quam  in 
prsBsentia  nrsed'  Cancellar*  nostri  Magnoe  Bri- 
tannie  ac  tie  fidclitate  prafidis  circumspection- 
ibus  ms  in  hac  parte  plurimum  Confidentes  As- 
si^arimus  vos  ac  tenore  present'  Damns  rob'  et 
aliquibuB  trihus  ve\  plur'  vrm'  Quorum  prefat' 
Josephum  Jcky I  Littleton  PowysJohein  Blen- 
cowe  Robtum  Tracey  Robtum  Price  Robtum 
Dormer  Robtum  Eyra  Jacobum  Montagu  Jo- 
hem  Fortescue  Aland  et  Francnm  Page  unum 
esse  Volumns  in  aiisentia  dicti  Cancellar'  nostri 
Blognoe  Britanniee  plen'  potesut'  et  Anthoritat' 
audiend'  et  examinand'  quascunq;  materias 
causaa  et  petitionee  coram  nob*  in  dicta  Cancel- 
lar' nostra  inter  quoscimq;  ligeos  et  aubditos 
aut  alios  quoscunq;  nunc  penden*  aut  imposter' 
ibidem  exhibend'  et  penden'  et  easdem  mate- 
rias causas  et  petitiones  juxta  sanasdiscretiones 
vras  Tel  triu'  vrm'  Quorum  prefat'  Josephum 
JekyI  Littleton  Poviys  Johem  Blenoowe  Rob- 
tum* Tracey  Robtum  Frice  Robtum  Dormer 
Robtum  Eyre  Jacobum  Montagu  Johem 
Fortescue  Aland  ct  Fraucum  Page  unum  esse 
Vulumns  finalit'  terminand'  etdcoit'  execution' 
demandand'  |iartesq;  in  niateriia  causis  sen  |ie- 
tiiionibus  illis  noiat'  et  specifioat'  ac  testes  et 
alios  quoscunq;  ^uoa  vob'  vel  tribus  vrm'  (ut 
prietl'  e»t)  ibre  t HleUtar  evocand'  quoties  ex- 
padira  ridcritia  aorui  fob'  fd  tribui  Trm'  (ut 


pned'  est)  erocand'  ac  ipsoa  et-eoram  qnam- 
libet  debite  examinari  compellend'  diesq;  pra- 
dnctiores  imponend'  et  assignand'  piowuiq; 
onoscumi;  in  ea  parte  neoessar*  cooeedend'  ac 
fieri  faciend'  contemptns  etiam  quoacaoq;  eo- 
miss'  aive  per|iet'  debit'  castigand'  eC  pUDiend* 
ceteraq;  oia  et  singula  fiiunend'  et  exequend'  que 
circa  prcmissa  necessar'  fuerint  aea  quomoda 
libet  opportuna.  Et  ideo  ▼oh'  mandamua  qood 
circa  praemissa  diligent'  inteodatis  et  ea  fac*  et 
exequamini  cum  eflfectu.  Mandamus  etiam  te> 
nore  presentiu'  officiar'  et  ministr'  Cur'  noitit 
Cancellar'  pned'  quod  Tob*  ve\  tribus  Trm'  (at 
prsd*  est)  in  executinne  praemissorum  diligent' 
intendant  prout  decetVolumus  etiam  et  per  pif- 
sentes  concedimus  Quodoia  et  singulajodliciaan 
final'  decreta  ac  ordines  per  vos  et  tren  vrm'  (it 
prad*  est)  super  hum'  causis  sive  materiis,  etpe- 
titionibus  ut  prefert*  reddend'  sive  fiend'  siatct 
esse  debeant  tanti  et  consilis  valor*  eflectus  eiB- 
cacie  roboris  et  virtiitis  acai  per  praed'  Canodhr' 
nostr'  Magnae  Britanniie  et  Cur'  CanceHar* 
nostra  praed'  reddit'  sive  reddend'  fbrent.  Prori- 
so  tanien  quml  oia  et  singula  judicia  sive  finalii 
decreta  per  vos  vel  tres  vrm  (ut  praed'  est)  vir- 
tule  present'  modo  et  formator  predicitar  red- 
dend* sive  fiend'  manibus  vris  vel  triu'  vrm' 
Quorum  prefat'  Josephum  Jekvl  Littletoa 
Powys  Johem  Blencowe  Robtum  Traoey  Rob* 
tum  Price  Robtum  Dormer  Robtum  Eyra  Ja* 
oobum  Montagu  Johem  Fortescue  Aland  ct 
Francum  Page  unum  esse  Volumus  anbseii- 
bantur  et  oonsignentnr  et  superinde  eadeo  ja* 
dicia  sive  final'  decrata  prafat  Cancelhtf'  nostra 
Magnoe  Britanniee  nresententur  et  libentar 
Qnodq;  nulla  eorandem  judiciomm  aive  final' 
decretorum  irrotulentur  aut  quovis  modo  exa- 
cnt'  sint  antequam  idem  Cancellar'  noster 
Magnic  Britannite  eamann  sua  propria  silit^ 
consignet  Et  quod  he  litere  nostre  paten'  dora- 
buut  et  permanebunt  in  plena  robore  et  efieetn. 
donee  alit'  |»er  al'  literas  nostraa  patentee  hai»' 
Commission'  supersederi  rnandat'  foret  ant  per 
dictum  Cancellar'  nostrum  Magnte  Britannia^ 
in  plena  Cur'  determinari  decrat'  et  irrotulat^ 
erit.  In  cujus  rai  testimonium  has  literas  nos- 
tras fieri  fecimus  patentee  Teste  meipso  apad 
Westm'  Vicesiroo  die  Januarij  Anno  rni'  nri' 
Octovo.        Per  ipsum  Regem    Wriobtb." 

Serj.  Pengelly,  My  lords,  we  don't  appre- 
hend it  necessary  to  read  all  the  others  over ; 
we  shall  deliver  them  in  ;  unleto  it  be  desired 
Ly  the  noble  lord.  3Iy  lords,  we  now  beg  leave 
to  call  Mr.  Meller,  who  hath  executed  theeffics 
of  a  Master  in  Chancery  for  several  years.  He 
will  give  your  lordships  some  account  of  the 
nature  and  of  the  manner  of  execution  of  thai 
office,  in  sapport  of  what  the  Commona  have 
charged. 

Mr.  John  Meller  sworn. 

Mr.  Luttryche,  My  lorda,  we  deaire  Mr. 
Meller  may  he  asked,  WheUier  he  hath 


cnted  the  office  of  a  Master  in  Chancery,  and  » 
how  long,  and  what  iatlie  nature  of  that  office? 
L.  C.  J.  King,  iir,  you  hear  the  ^ a 


Mdier,  My  lorda,  according  to  the  best  of 
__ij  mueinbrancef  I  wjm  udmitteil  a  IVItuiter  io 
tilt  Utter  «nil  of  the  ycnr  1708^  and  contiiiued 
m  till  July  17'2U,  Tbe  generiil  nature  of  the 
vffioK  is,  to  di^'»*«t  and  sum  up  those  roatteis 
wJlidi  ar«  ordered  ujioo  beariii|r  to  f*e  reffrreil 
Io  Oi^  by  wjty  of  report:  I  bat  is  the  gerjeml 
ImtitMssi.  There  is  a  fttrther  business,  when 
Mill  of  oo%U  are  to  le  taxed,  tbey  aro  taxed 
ftad  tdjtuled  by  us  what  is  to  be  paid.  I  do&H 
vaoollect  any  more  particular  business. 

Mr-  Luitcyche,  1  desire  he  may  be  aiked, 
for  wboic  serf  ice  and  Uiie  those  reports  aro 
Btade? 

AfelUr,  Those  reports  are  made  for  tlie  use 
of  Ihc  suitors  of  the  Court.    It  i^  to  state  the 
that  tl»e  Lord  Chancellor  has  referred  to 
ef ,  that  are  too  tedious  for  the  Court  to 
Bto 
^  '  r-.   To  whom  arc  they  returned 

[filer,     these   reports    are   made  to  the 

to  the  Lord  t'ltancellor,  or  the  Master 

Hoik.    7'hey  have  these  re^Mirls,  and 

t  ftnal  order  upon  them. 

^''  ^f      '-  >■-'''.   1  desire  he  may  be  asked, 


1»hcn 


vera  I  luattcrt  referred  to 
tiff  which  ^ould  take  up 
too  CDucb  time  of  the  Court  to  setlle,  are  made, 
whether  thoue  re|M>ru  of  the  Master  are  at  all 
conclusivi;  ?  Or  u  Uat  is  the  method  in  case  the 
dow^t  acquiesce  f 

BIy  UiViH,  the  report  is  only  to  stale 

s  to  the  Court ;    and  ul)  the  report  is 

irti  by  the  Court,  what  the  Master  hatli 

lI  has  no  effect,     8o  that  I  apprehend  it 

only  to  lay  the  stale  of  the  matter  before  the 

\f% ;  if  what  the  Master  reports  seems  ai^ree- 

llie  Court,  ihtn  they  confirm  it ;  if  not, 

vry  it,  cir  tiomtrtitnes  send  it  hack  a^io 

*?  •-'  v  *Mr  hi&  lurthcr  consideration. 

\y  lords,  I  desire  that  Mr.  MeU 

,^  .i,i„;  .;j  s'»'«'    !-.r*i-i.i.x-^  \\'  any  persou 

thi  ,  uhi'ther  they 

inoiati  op]  I         -     !  ..   iifying  this  re- 

rt-r  {* 

V  lords,  SO  far  as  I  apprehetid, 
of  Uic  Court  is  this ;  when  a  report  is 
up,  the  parties  on  both  sides  have  liberty 
:t  to  thut  report  before  the  Master  ;  and 
er  I  hey  put  in  by  way  of  objectiou  be- 
Alanier,  they  may  speak  to  ihone  se« 
kiiits  when  the  report  comes  before  the 

Prolryn*  What  are  tlte  matters  that  are 
Jly  rvi«*rred  to  the  Masterv  bv  the  Court? 
U€r*  ^^Dic  chief  matters  are  ttie  statinj^  of 

Dli. 

Mr.  SiruTfi^t.    My  lords,  I  beg  leare  to  aik 

tlir  uUni  ^*M  thiv  <]u«stion  'r    whether  any  mat- 
'  1  au-e  at  any  time  referred  by  the 

!  e  oi'  report!  requires  some 

<  J^  be  gireti  by  the  Mas- 

l6tt>  o  '  f  thr'ir  opuuou.   Bui 

thr  L  I  to  tlidte  repnrU. 

Mr,  j^jrai^c.  W  iit^theri  to  tioy  ^ae  instoDce, 


the  judgment  of  the  Master  ti  totl  to  ib# 
suitor  ? 

Mclier.  I  will  recollect,  and  gife  your  lord* 
shijis  the  liest  acc^ituit  that  1  cun  remember  qs 
to  that.  I  think,  when  a  Master  ban  ts^ed  A 
biti  of  C4JS1S,  there  N  a  8ubpttna  taken  out  §t 
the  cost*.  uiM>«i  the  Master's  rcpwt,  without  go- 
ing to  the  C'Ourt,     I  am  not  sure. 

Com.  S€7j,  When  excejilioos  are  tftken  to  a 
Master's  report,  doth  the  Master  oi  the  Court 
pass  a  iudgment  upon  tbeuiP 

Mefkf\  The  method  is  this  ;  when  a  report 
is  drawn  up,  a  copy  is  given  to  b(»th  sides,  and 
eai'h  Bide  puts  in  buch  objections  to  it  as  they 
tluuk  proper  ;  the  Alaiiier  goes  through  those 
objections,  and  having'  gone  through  themi  be 
lurms  an  opinion  upon  the  whole.  Then  it 
goes  to  the  Court,  and  the  purtics  hare  liberty 
in  go  upou  those  objecitoos  before  the  Court^ 
ivho  finally  determine. 

C(fm.  Sen,  i  desire,  my  lords, that  Mr.  Mel- 
ler  may  acquaint  your  lordships,  who  presided 
in  the  Court  when  he  came  in  ? 

MeiUr.  My  lord  Chwper,  I  take  it,  was  then 
Chancellor  ;  it  was  iu  the  year  170&,or  the  be- 
gin Ding  of  1709< 

Com,  Serf.  We  desire  tc^kuow,  whether  lift 
gave  any  money  when  be  came  into  the  office, 
and  to  whom  ? 

Mr.  Fiummer,  We  hare  called  this  gentle* 
man  to  give  an  account  of  the  nature  of  the  of- 
fice of  a  Master  in  Chancery,  we  are  not  come 
to  that  matter  of  giving  of  money  ;  we  submti, 
whether  it  is  oeceisary  to  cultr  mto  that  ques- 
tion now  i' 

8erj,  Frolf^n.  If  this  gentleman  is  to  be 
called  again,  we  beg  leave  to  reserve  that  ques- 
tion till  they  come  to  that  part  of  the  Charge, 

Mr,  Fiummer,  My  lords,  I  liavc  another 
r|ueslion  to  ask  :  it  has  been  asked,  whether  tha 
delerminatioo  of  a  Master  in  Chancery  is  final  f 
I  desire  it  may  be  asked,  if  ihe  Muster  in  Chan* 
eery  makes  a  retiort,  to  which  there  is  no  ex* 
eeplton.  wl»ether  the  decree  tu  Chancery  is  not 
according  to  that  report  ? 

MeUa\  I  take  it,  after  the  Master  has  made 
a  report,  and  there  is  no  exception  to  it,  that 
report  is  lirst  contirmed  nr>*,  and  then  it  is  con* 
firmed  ulisoluiely  upon  a  second  motion. 

Mr,  Luiijycttc,  My  lords,  1  desire  be  may 
be  asked  another  question  :  if  there  lie  a  rele* 
rence  concerning  an  answer  which  is  alleged 
insufficient,  aitd  the  Master  reports  it  insuffi* 
cient,  whether  it  is  not  final  and  c^»ncltisive» 
uulesif  the  party  takes  exception  to  such  rcfiortf 

MflUr.  Unless  the  party  takes  exception,  it 
is  IfHiked  upon  as  final :  mr  then  he  submits 
and  puts  in  a  farther  answer,  and  then  the  end 
of  relernng  it  to  ihe  Master  is  answered  :  but 
ihu  M  ntv  iiiuv  cuccpt  if  he  nieoses. 

y'  /tc.     As  to  the  taxing  of  cOits  ; 

wh  £1  the  costs  are  taxed  lo  a  (^rticu* 

bu"  sum,  ihmt  IV  not  final  and  conclusive,  unlesa 
the  party  makc^  applimiiou  to  the  Court  ? 

McUer,     I  I  I  did  answer  that  be- 

fore.   The  IVi  i  be  baa  Uxrd  the  bill 

of  (XMiti,  the  clerk  in,  4;ourl»  at  1  Ukt  it»  mtkas 


I 
I 


I 


I 


I 


I 


8S9] 


10  GEORGE  L 


TtU  i^ike  Earl^MaodetfUUt 


•atSobpottiufbrcoitgorcoane;  batleuinot 
speak  to  tbat  so  well  as  Ibe  clerks  in  court ;  but 
1  take  that  to  be  the  piraoliee. 

Earl  o^  Abingdon.  I  would  be  gkd  to  be  in  • 
Ibnned  in  this  point :  suppoaion^  a  sum  of  mo- 
ney to  be  laid  out  upon  a  purchase  or  mort- 
gage, whether  the  titles  of  those  estates  are  not 
commonly  referred  to  a  Master,  and  whether 
the  Master  does  not  judge  of,  or  determine 
those  titles? 

MelUr.  In  that  case,  I  can  only  speak  to 
what  came  before  myaelf.  W  hen  there  was  an 
•rder  to  put  money  out  upon  a  mortgage,  the 
first  step  I  took  was,  I  sent  the  title-  deeds  to 
some  able  counsel ;  when  1  had  his  opinion,  I 
used  the  best  of  my  judgment  to  inform  my- 
self: if  I  found  no  oK^ectioo,  then  I  thought 
I  was  obliged  to  fallow  the  security,  and  ac- 
cordingly made  my  report  of  allowance ;  and 
then,  as  NastcK',  set  my  hand  to  the  side  of  the 
deed. 

Mr.  iMtwyeke,  Another  question  I  would 
bejT  leare  to  ask,  though  it  is  well  known,  yet 
it  IS  fit  it  shouM  appear  from  the  witness,  and 
that  is,  whetlier  the  Masters  d4>n't  sit  upon  the 
bench  with  my  Lord  Chancellor,  In  open  court 
in  Westminster- hall,  erery  term  ? 

Meller.  My  lords,  in  Westminster- hall  three 
Masteni  are  required  to  attend  the  Chaneelktr; 
at  his  own  house  two;  and  the  like  at  the 
Rolls. 

Com.  Serj.  If  the  gentlemen  hare  done,  we 
beg  leave  to  ask  one  q|uestion :  whether,  eren 
in  the  case  of  costs,  it  the  parties  are  diasatis- 
fied,  application  is  not  made  to  the  Court 
(though  not  b^  way  of  exception,  yet  by  mo- 
tk>n)  to  refer  it  back  again  ? 

Mciler.  In  the  case  of  costs,  it  bath  been  a 
Tery  rare  thing  to  apjnly  to  the  Coprt.  Some 
instances  there  have  been,  I  believe,  but  few. 

Com.  Serf.  I  beg  leave  the  Master  would  in- 
form your  lordships,  whether  in  the  case  of 
titles,  if  tliere  ha|ipens  any  difference  in  the 
opinion  of  the  parties,  they  apply  to  the  Court, 
or  are  concluded  by  the  opinion  of  the  Master  ? 

Meller.  I  never  knew,  during  the  time  that 

^  I  was  in  the  office,  that  any  title  was  ever  con- 

lested  before  the  Court ;  1  mean  in  my  own  case. 

Com.  Sety.  Whether  or  no  he  knows  any 
caae  where  the  parties  have  differed  in  opinion 
about  a  title,  that  the  Master's  opinion  has  con- 
cluded the  parties? 

Meller.  I  don't  know,  while  I  was  in  theol- 
fiue,  that  there  was  ever  any  objection  before 
me  in  the  case  of  a  title. 

Mr.  Robint.  Give  me  leave  to  ask  one  qiies- 
lion:  yousay  three  Masters  sit  with  my  Lord 
Chancellor  at  Westminster,  two  at  his  own 
house :  I  ilesire  to  know  what  they  do  there ; 
whether  they  sit  as  assistants  ? 

Metier,  My  lords,  I  don't  know  that  arer 
their  advice  was  asked. 

Dr.  Sailer,  My  hNrds,  I  would  ask,  whether 
thev  ever  interposed  by  way  of  judgmenti  or 
took  upon  them  to  act  aa  judges  r 

Meller.  My  lonit,  I  think  Ml  i  Idoatft- 
«lMiiber  uy  ioatamoc  of  iL 


[jUO 

Mr.Slramge.  My kurds,  1  demn be asiy be 
aakcd,  whether  what  the  Master  ever  docs  ia 
confirmed  of  course,  or  is  there  not  a  DMilioa 
for  tbat  purpose  ? 

Meller.  I  thought  I  mentioned  that  hefeie : 
1  shall  repeat  it  again.  There  is  firsta  saolion 
to  confirm  ni$i  causa  ;  and  upon  the  aeeond 
motion,  unleu  there  is  cause  shewn,  it  it  cac- 
firroed. 

Mr.  Strange.  My  lords,  I  deaira  Kc  may  be 
asked,  if  there  is  not  an  affidavit  of  acrriea  of 
the  first  order? 

Melier.  1  believe  there  is ;  hat  that  it  the 
business  of  the  solicitor. 

Mr.  Strange.  My  torda,  I  beg  leave  kc  bh^ 
be  asked  one  question  more,  whether  then  ■ 
not  a  certificate  dlsu  from  the  Regialer  ihafta 
cause  is  shewn  ? 

Meller.  My  lords,  1  can't  speak  particalaily 
aatotliat;  it  is  a  bosine^  that deea  not Ue be- 
fore the  Master  in  his  office ;  I  believe  in  many 
cases  tlie  Register  certifies. 

Or.  Sayer.  We  wUl  trouble  jrour  lini*i|H 
with  no  more  questions  except  this  one,  that  i% 
whether  we  shall  see  Mr.  Meller  again  f  Fsr 
if  we  are  to  take  our  leave  of  hina  now,  ws 
should  offer  some  other  queetiena  before  he  da* 
parte. 

Seri.  P«ii^//y.  My  lords,  1  cant  tell  vha- 
ther  the  Managers  will  have  any  occaaiec  is 
oUI  bun  again ;  but  he  ahall  slay  here  to  al« 
tenil,  in  order  to  be  called  when  be  it  wantadi 
either  by  the  noble  lord,  or  any  other  perssn. 
We  don't  think  fit  to  trouble  your  lenlshi|Ri 
wiih  any  other  evidence  as  to  that  matter,  fhar 
authority  in  Court  appears  by  the  commitiisl 
lliat  have  been  produced.  It  is  not  sakl  ia tbi 
introduction  to  the  Articles,  that  the  Maslon 
are  to  cootroul  the  Liird  Chancellor,  hut  to  ai< 
aist  him  in  the  administration  aud  ezecutioB  ^ 
justice,  of  which  we  think  we  have  prodoeed 
the  fullest  proof ;  and  beg  k'ave  to  proceed  to 
another  part  of  our  evidence,  that  which  relatei 
to  the  profits  of  the  office  of  Lord  Chancellon 
Tlie  ordinary  profits,  not  to  mention  the  ex- 
traordinary ones,  which  have  been  made  by  the 
noble  lord  within  the  bar,  I  think  may  be  com- 
puted lo  amount  to  8,000/.  a  year,  or  theit* 
abouta;  ao  tbat  there  is  no  occasion  to  uit 
other  means.  But  not  to  enter  into  them  allt 
we  shall  only  beg  leave  to  call  one  witness  10 
prove  one  gross  annual  sum  of  1,500/.  a  year 
paid  out  of  the  Hanaper  office.  My  lords,  ws 
ilesire  Mr.  Py  useiit  may  be  asked,  for  what  an- 
nual sum  he  acctimpted  to  the  late  Lord  Chaa- 
cdkNT  out  of  the  Hanaper-office,  during  his  tiiaa 
of  being  in  the  said  office ;  how  much  he  hst 
paid  him  ? 

Com.  Serj.  My  lords,  I  beg  leave  to  oppssa 
that  question.  J  believe  there  is  no  paymsil 
from  the  crown  but  what  is  always  upon  record} 
and  iherefore  that  being  a  matter  of  a  higher 
nature,  tliey  ought  to  produce  those  reesidi^ 
and  not  examine  witnesses  viva  voce  to  it. 

E.  of  Maccletfield.  I  believe  tliis  genlleaai 
b  right  iu  his  objection  in  point  of  bur.    BCk 
Mlbit 


841]  J^r  High  Crimes  and  Misdemeanors. 

and   {  t^eliere  an  bnoest  inaOf  1  will  not  iiuist 
till  Hieiiicety« 

^erj.  Fengeh^,  We  desire  to  know  how  much 
ear  he  hus  ymd  lo  llie  iimpeucbeii  brtt  uul 
rtlie  Httuaper-ofiici^  !^ 
I  J*jfnsent,  I  have  nri  voucher  wtlh  me ; 
Mi  nj  farii!!  I  can  cliar^^e  my  ineuior}'i  it  is 
ffcitt  13  or  1,'iOOl,  a  }  eur. 

E»  ot  Macckffield.  U"  be  ha<!  had  his  niemo- 
iiiJum   H'lth    htiiif  1  «vas  wilhuti^  he  jiUould 
\  your  k>ril»1i)|i$  an  account  orUmt  tnaiier  ; 
iF  he  s]i4?aks  otily  by  an  uuceir Latin  memory 
,  1  bu|)e  I  shall  not  be  hound  by  it^  efl[»ecially 
pD   he    hiintieU    a^si^^tis    the  want   of  hi» 
i*h«r!i  as  a  reason  why  be  Ciionot  be  certain. 
erj.  }*tngtil^,  My  lonis,  wc  desire  he  may 
ke*!,  how  much  bo  can  t^ke  u}>ot]  bim  to 
r  be  has  paid  f  li  i»  not  material  whether  by 
iDt  or  ipecial  direetioti  i  It  in  only  a  ques- 
i^n  oK  tact)  wbeih«^r  he  can  be  ceriain  to  a 
B«  either  is  ur  l,4iKi/.  a  year,  or  i>lber  sntn  f 
Pyw^eiif.  I   caa   say   above  1,000/*  a  year. 
'  had  my  Touchers  here  J  could  be  more 


A.  D.  1721. 


[842 


y  Serj,  The  Dibble  lord  waved  the  objec- 

,  op<Mi  a  sup[io«ition  that  he  had  a  certain 

iiDC<    As  he  has  Dot,  I  mmt  hefr  leave  lo 

tfit  upon  the  objection  that  1  made  against  the 

ahty  of  the  pronf. 

if/Lutwyche.  We  only  ask  in  this  co»e  to  a 
,  what  he  paid  to  htm;  and  I  will  add  this 
her,  tor  what  tirueP 

Frobi/n,    My  lordSf    we  must    insist 

'oor  objection.     The  witness  says  he  is 

ato  how  much  he  has  paid:  he  suys  he 

I  vouchers,  which  will  shew  the  particular 

pa  be  bas  paid ;    and  since  it  is  in  their 

iver  tn  produce  those  vouchers,  we  must 

:  it  that  they  shall  produce  the  best  eri- 

tbey  have  in  their  power  to  give,  and 

I  receipts  and  voucliers  shall  be  pro- 

N,  Ser/.  Tlie  Answer  of  the  bon.  IVIanag^ers 

|fthe  objtrction  is  no  answer.     They  say  it  is 

patter  of  f^ct;  but  that  matter  of  fact  is 

liter  of  record  ;  it  must  be  pruted  by  the  re- 

jhlt   because  the   law   exfiects    the  highest 

'  to  be  mad^  that  ean  be,  even  in  tritlin<^ 

,  and  much  more  when  the  honour  of  so 

\  a  lord  is  in  quesdon. 

Frohifn.  1  desire  lo  know  if  there  m 
\  eiiitstantfy  a  receipt  given  upun  every  pay- 
Dt? 

ynnent.     Yes;     and    those    receipts    are 
_^   led  iutothe  Auditors*  office,  and  there  they 

SSerj   PraLyn.  Then  they  can  be  come  at  F 

Pyn$ent.    Yes,  ihey  are  rurried  in  yearly. 

Sot.  Gen.  My  lords,    I  did  ncit  expect  this 

f^jection:    but   we  must   submit  it,    ivhether 

Uiere  is  any  foundation  for  it.     Jf  the  miitter  of 

y>e  insisted  on,  oniy  with  respect  to  the 

jpiveo,  there  is  no  need  of  it  :  better  c;vi- 

annot  be  given  to  prove  payment^  than 

r  man  who  paiil  it.  The  comniun  evnience  to 

payment  of  money,  is  to  protluce  a  man 

f  «wear  tbaC  he  patd  that  money.    No  better 


evidence  can  he  given  ;  and  though  a  receipt  ig  1 
given,  yet  when  a  jvcrson  proves  l»e  paid  iitii\ 
money,  he  need  not  produce  the  receipt:  ititfl 
better  evidence  tlmu  the  receipt:  a  receipt  ma#  j 
be  ^iven  without  payiiieul.  Therefore  weap« 
prebend  ihut  the  witness's  proof  of  the  pay* 
ment  i^  sufficient  to  prove  this  matter  of  fact. 

Com,  SerJ.  1  apprehend  there  is  no  mooey  1 
eitlier  received  or  issued  out  by  the  crown,  but  j 
what  appears  by  record «  It  is  not  only  tbostf  1 
reci^ijits  that  is  the  strength  of  tbe  objection;  J 
but  when  there  are  matters  uncertain,  and  the] 
witness  says  he  can't  declare  what  it  was,  whe* 
ther  upon  tbiit  loundation  yourlurdiihips  wont  I 
ex |>ect  a  certain  evidence,  not  only  from  th#] 
niitnrti  of  the  thing,  but  from  the  present  clr J] 
cumslances  of  thm  case,  when  the  witness  de- 
cbres  that  he  cannot  remember  itf 

Mr»  Sirange.  My  lurtts,  1  wonder  to  hear  ill 
said,  that  a  person  who  swears  to  Uie  psymeut  J 
of  money  is  the  most  certain  evidence.  H0 
may  be  inistttken,  tbe  receipt  cannot.  There-  I 
fore  we  must  isubmitit,  as  ihey  have  opened  it,  ' 
whether  this  is  the  be*t  evidence  ? 

Mr.  Luiuyche.  My  birds,  I  wonder 
lordsbi|is  libould  he  troubled  with  any  thing  of 
this  kitid,  in  order  to  prove  a  salary  of  1,500/,  i 
a  year  bel«>riging  lo  the  noble  htnVa  office,  wheif  1 
we  ask  only  to  the  rpiantum  of  the  sum  whicki  [ 
be  did  receive  from  Mr,  Pyrisent :  the  qiieidtiogi  I 
is,  whether  \%e  shall  be  adniitied  to  a?»k  tbatfi 
questinuf*  It  is  admitted  that  the  nitness  paklj 
the  salary  :  all  the  ifuesiion  is,  what  he  paid?! 

E.  of  ^f^^ccie>Jieid,  My  lords,  J  am  sorry*  I 
your  lordsbijps^  time  should  he  lakeu  U[)  about  a  1 
tlttng  of  this  kind*  When  tbe  objecfion  wa<  j 
first  made  by  my  counsel,  which  K  apprehend 
IS  right,  1  stood  up  to  acquaint  your  lordships, 
that  I  did  not  insist  U|H>n  tbe  nicety  of  it.  Thig^ 
gentleman  used  to  pay  tne  money,  and  I  be*j 
lieve  he  is  a  very  honest  gentleman  ;  but  wbeii 
be  comes  to  say  he  is  not  sure  how  much,  autf  J 
they  were  working  him  up  10  a  biglier  jiilobjl 
and  these  jjenileraen,  for  aiight  I  know,  of  1 
their  sotidtor,  may  have  tbe  receipt*  in  ihetr  j 
pocketjj,  [  thiiughi  it  Has  I  hen  high  time  to>J 
stop  ihem.  This  gentleman  did  say  it  wqM\ 
more  tlian  1,000/,  My  lords,  1  admit  it,  f  1 
believe  it  to  be  1,100/,  a  year,  or  thereabouts  1/ 
if  I  knew  exactly,  I  would  tell  it,  I  never  in-  ] 
tended  to  dispute  the  inatK^r. 

Mr.  West.  J  wuuld  not  have  your  lordships 
im^igine  that  the  Commons  are  capable  of 
working  up  a  witness,  li  is  unworthy  of  tbt^ 
Commons  of  Great  Britain,  uf  the  geoiletne 
up  pointed  Managers  in  ibeir  behalf;  it  is  tm- 
piissible  I  bar  they  should  have  any  view  bti| 
the  truth  of  the  fact,  aud  the  justice  of  th 
cau^e.  The  question  nsked  was  only  what  i 
was  be  paid  ;  it  was  not  endeavouring  to  work 
biin  up  to  any  thing.  If  this  was  a  questioi^l 
relating  to  the  crimes  charged  upon  bis  lord* 
ship,  I  should  not  have  beefi  so  much  sur- 
prize il  ;  but  this  IS  only  un  agy^ravalioa  con* 
Mined  in  the  preamble,  t  think  the  litigatin|Lj 
tbe  point  is  as  great  an  ai^gravation^  a&  tM 
proving  the  i^aymeu^  ^K  V\\ta  ve^^scuc^  , 


8131 


10G£ORGE  I. 


Trial  of  the  Earl  qfMacdetJkU^ 


[m 


£.  ofMuccle^ld.  My  lords,  I  did  not  in- 1 
teod  any  reflectioo  up^m  the  Commons :  nor 
did  I  say  any  tbio^r  wUich  ainouuts  to  it.  1 
did  say  the  solicitor  ODight  have  the  receipts  ; 
I  don't  know  what  thev  have  in  their  bands. 
The  learned  gentleman  that  spoke  last,  says  'tis 
not  a  charge,  only  an  aggraralion :  it'  it  be  an 
aggravation,  should  ilnot  be  proved,  and  l^ally 
proved?  But  I  have  been  ready  to  make  this 
matter  easy,  for  I  agreed  it  to  be  as  much  as 
the'ur  own  witness  can  with  any  certainty  say  it 
was,  and  I  don't  think  it  to  be  anv  a^^grava- 
tion;  and  therefore  told  your  lordships  I  be- 
lieved it  mi^ht  be  1,100/.  a  year,  or  thereabouts, 
not  being  willing  to  take  up  any  more  of  your 
lordships  time  about  it. 

8en.  Pengflly.  Ny  lords,  the  Managers  for 
the  Bouse  of  Commons  do  not  think  it  so  ma- 
terial whether  it  be  11  or  1,500/.  a  year.  We 
will  take  the  noble  lord's  admission:  and  we 
apurehend,  as  it  is  1,100/.  ^y^^f  iiiati  reason- 
aUe  addition  to  the  salary  of  his  ofiice. 

£.  of  Maccle$fidd,  I  only  would  ask  this 
question.  Do  you  remember  what  the  Chan- 
cellor's annual  salary  is  ? 

Pyruent,  jNo,  I  do  not. 

E.  of  JlaccUifield.  That  is  part  of  the  parti- 
cular that  makes  up  tlie  1,100/.  per  annum  ? 

Pynsent,  1  tliink  it  is  so. 

£\  of  MaccUtficld,  Is  it  not  900/.  per 
annum? 

Pi/iucnt.  I  thiuk  it  is  thereabouts. 

Coi/i.  &r;.  My  lords,  I  desire  he  may  be 
asked,  whether  or  no  this  1,100/.  a  year  hath 
been  usually  allowed  to  the  preceding  Lords 
ChanceHors  ? 

Pj^nscut.  I  take  it  for  granted  that  it  was  so. 

Serj.  Pen^cliy,  My  lords,  we  shall  now 
proceed  to  call  our  witDHses  in  support  of  the 
rCinth  Article,  that  being  a  distinct  particular, 
relating  to  a  sum  not  at  all  involved  io  the 
questions  touching  the  Masters ;  and,  as  we 

apprehend,  receiv^  by  the  noble  Earl  under     _    „-—     „ .,     ^_-      _ 

circumsuuces  of  the  greatest  ag!;:ravation  that  j  dein  duni  eadm'  Cur  stetit  et  foitin  Vm^ 
is  posiible;  abusing  the  royal  authority,  or  " 
that  share  of  it  which  the  noble  lord  enjoyed  at 
that  tiiiie  when  he  was  one  of  the  Lords  Jus- 
tices. Therefore  ne  |rive  preference  to  that 
Article,  and  desire  31  r.  Thomas  Benuet,  whom 
I  see  in  your  lordships'  House,  may  be  sworn 
and  examined. 

[Mr.  Thomas  Ben  net  sworn.] 

Serj.  Ptugeliy.  My  !<»rds,  Mr.  Bennet  was  the 
person  who  was  pos^e^s«>d  uf  the  office  of  the 
Clerk  of  tliu  CusioJieSf  at  the  lime  ot  the  resigna- 
tion of  it  for  the  beiietitof  Ml-.  HaiuiT>ley,  who 
has  now  a  patent.  We  have  tlie  patent  here ;  and 
if  that  be  read,  it  Hill  mure  fully  acq:  aint  your 
lordshiiis  with  the  nature  of  the  office,  and  then 
we  shall  acquaint  your  lordships  wiiik  the  na- 
ture of  the  transaction. 

[The  Patent  begun  to  be  read.] 

"  Teste,  &c.  5lo  Septemb'  Ad.  10  Georgii 
Regis." 


name  be  not  mentioned  in  the  Fttnt,  yetitis 
sufficiently  known  from  thcdateaadtiBWofit, 
that  it  was  when  the  noble  lord  waa  ooeof  the 
Lords  Justices,  and  had  the  custody  of  the 
seals,  and  that  at  that  time  lie  affiud'the  Mab 
to  this  Patent. 

{Then  the  Patent  was  begim  again  to  be 
read.] 

£.  of  MaccUtJUld.  My  lords,'  I  b«  puto 
for  interrnptuig ;  I  don't  know  WMMrthqr 
tliink  it  of  any  |iarticular  use  to  read  it  tkn^hi 
if  not,  for  saving  yoor  lordahipa'  time*  I  tiik 
that  a  i^rant  waa  made  of  the  oflioe  lift; 
Hamersley,  on  the  surrender  of  MrBoBt 

Serj.  PengcUif,  My  lorda,  as  it  b  wmmaf 
to  shew  the  resignation  of  Mr.  TboamlBil^ 
so  likewise  the  nature  of  the  office ; 
tore,  to  the  end  that  may  be  the  I 
we  beg  leave  the  Patent  may  be  reed. 

[Clerk  reads.] 

^'  Georgius  Dei  Gratia,  Blagw 
Francise  et  Hilierniie  Rex,  Fidei  D< 
Omnibus  ad  quoa  preaentes  liters 
venerint  salutem.  Cum  nos  per  ' 
tras  Patentes  aob  Blagno  Sigillo  n 
Britannis  confectas  gerea'  dat'  apod  WoV' 
vicesimo  die  Martii,  Anno  Regm    ""^"^^ 

pro  nobis  Heredibus  et  Suocevor 

dederimus  et  Concesserimua  Diledo  ct  Ahlj 
nostro  Tboinae  Bennet  Armigero  Offidna ' 
rici  ad  Scribend'  et  Conficiend*  ooBoiacI 
gula  Bna  de  diem  clansit  extremais,  ctl 
damns  et  Commiasiones  ad  inqnirend* 
mortem  et  de  Ideotis  et  Lunaiids  et  ad  M 
inqnirend'  iude  et  supersed*  eonindem  ac 
nia  al*  Bria  et  Process'  eoruikd'  ac  omaii  #< 
Biia  de  Process'  cujuscunqne  Generis 
Natune  vel  Speciei  essent  vel  forentque  ^^ 
turn  de  vel  nuper  in  Cur'  Wardor'  et  lifaM 
num  aliquor'    Predecessor'    nostror*  aalflr"'^ 
Kegum  vel  Reginar'  AngP  per  Wamat' 


Seij.  PengtUy.    Though  the  noble  lord's 


Vigore  fact'  el  Concess'  assignat'  vel  i . .  ^^ 
tuat'  fueraiit,  vel  fieri  conce«li  assignari  rdip  ,. 
nunctuari  consuerant  vel  dobueranl  ae^^  ^ 
m  Cur'  nostra  Caocellar'  vel  aliquor'  preilcrt  ^ 
sor'  nostror'  antetuiic  Regum  vel  Regiatfll  ^ 
Angl'  sub  iMa^iio  Sigi.lo  .^ngl'  impetnt* 
persecut*  fuerant  «el  iii)|>etrari  tt  proMqaic 
sueverant  %et  dt*hiierautac  oies  et  ^inguriii^ 
Paten'  de  CuNtjuf  Curporuin  onmiuin  Wirf* 
Idiotor'  et  Ijiiiiaticor*  ii«»slror*  Uered'  *t^*55 
sor'  n(»stroruni  rt  de  >l3ritac'  eoruail*  Warf^ 
buh  Masrtio  Sii;it!i»  Mai;:nie  Britannisimp 
et  pristqui  v.V  necu'iu  umnia  al*  Bria  Ca 
sioues  et  pr>icesN^  cujuscunijne  Generis  Ni 
nis  Naturu:  \lI  Speciiri  es*.c:-i  %t\  ft»niitdt* 
ioCur'  nostra  Cjnce'.!ar'  ll;ered'  etSo 
nostroruni  sub  mnirno  Sigtllo  nro  Magacl 
tanniK  Heretlu*  vel  SucceMorun  noftrtrt 
premissa  prnlicu  sen  eornm  ahqaa  tujfi 
vel  concernen'  fiend'  conccdcod' iflipetnir tf 
prosequ-:  lid'  Habend'teoeod'gaiidfni'ct^ 
cend' predictum  Officiam  el  omnia  cCfl^^ 
premissa  prcdicU  fupcnns 


ris  N«« 

r«tdiH 


JiiY  High  Crimes  aiul  MUdemetmcrs* 


A,  D.  1725. 


[E 


f^(*Tmctt  |>fr  wipsum  vel  per  snfRcicn* 

iitnt'  finum  9\v^  Deputatos  suos  Buf- 

vT  Liicraruiti  nos- 

•  m'  el  pro  Ttrmioo 

IS  I'hoiuoE?  Bennett  mm  cum 

prosic*  et  advanlag*  ad  inde 

jitMut  i»er  ifafJem  Litems  Faien*  (inter 

iKtU'in  I'otitent'  relatione  inde  habiia 

i\\\ei  et  apparet  curn<)ue  prsfat'  Tho- 

iiett  per  qafiddam  Scri[»tnin  suum  sub 

Kigifto  suis  sigillat^  gtreu'  Dal*  nono 

Att,  Anno  li^;ni  nostri  decimo,  ac  in 

lice  liar*  nostra  debito  raodo  Irrotlai* 

et  premiasa  pred'tcia  ac  tot'  statu m 

ium  et  ioteresse  saa  in  eisdem  una 

is  reciter  Literia  nostrts   Paterttibtis 

twl'  in  Manus  nostras  aursum  reddi- 

i  quidem  snrsum  reddilionem  ncis 

a€   per    presentes    acceptamus 

\  quoit  nos  de  Gratia  nostra  apeciali 

*cientia  el  mero  moiu  nostns  De- 

Hc       ;    I     ^c  per  presentes  pro  no* 

sioribus  nofiirb  Uamus 

llu^i  <i«)r«  ici  et  tideli  nOBtro  Hug'oni 

Sj  de  Jhterjori  Tempio  Londin*  Armi- 

ism  Otticium  Clerici  ad  scribend*  et 

il'  omnia  et  singula  Bna  de  diem  dau- 

\x\\u\   f'l    Xlfliitjanius  et  Comrarssiones 

itora  et  de  Idiolis  et  Lu- 

^iiirend' inde  ct  snpet'sed* 

Bnnuia  ai  Bria  et  Process'  eorund* 
f  Bria  **f  process'  cnjuaciinque  Ge- 
■ifir  vel  Specie!  sfilt  vel  fuc- 

af*»'  I  nuper  in  Ciir*  VVardo- 

'  iTii  aliqiiornm  Predecessorura 

Urtfiitti  vel  Rf^nnartini  Ang^l* 
1  Cur'  stctit  et 
rss'  assignal' 
liw:  VI M  new  concetli  aasig^> 

lipi  rinsuevertmt  Tel  debue- 

m  »^f  I  i>i  ^  ur'  nostra  Caacellar'  vel 
I    Pre<ieces«ornn>    Do^troram    ntiper 
rl  Reuinaninft  AogrsubMagnoSipKo 
iprtrat'  et  jirosectJt'  rpenint  vel  im- 
^jr<i*rffitii  rooKueferunt  vil  debit«ruiit 
I  r  Liferaa  Pateo'  de  Costodia 
inii   Wardorum    (diotorum  el 
ufw  nfjitrnnmi  Hierni'  el  Hucceaaor* 
n  rt  df  M'triri'^*  forund*  Wardor*  iub 
'Tiiiiie  imjielrattd'et 
I    ai*    Bria    Com- 
et   prortiis'    ciijijiicuiicjne    Generti 
ilnfK  rel  Rpedd  slot  rrl  fucritit  de 


i3$tiCfs»Mir^  nimtrorum 

el 

Ig^Hmia   et    Kiu'rufvi    ■ 

;ria 

|k^'.  . 

^^^■Hdiu  Cu[ 

.    iio?,tTft 

^K^r^  n 

n>^lcnim 

leu  quovismodo  impetrand'  Ordinamnn*  Coti-^ 
stituinius,  £ngin)UJ$  et  Stsibiluiins  per  preseiite ' 
H abend'  Tenend'  Uteod*  Giiudeud'  Exrrcend 
FungenrP  et  Administrnnd'  predict'  Offii^'  i 
omnia  et  singula  iiremi^a  preilicta  superiu 
fpeinficat'  pretal'  Hu^oni  Ilamer^ley  per  teip 
sum  veJ  p4 1       '^  '^1  It  siv^ 

Deputalos  i  trui]|:| 

literarum  titj^natum  i  dii-nL    an    1  CI  iiHutiiu  et 
pro  Termino    Vit«e  oaturalitf  ipi^ius   IJiif^onia 
Haroerslcy  una  cum  omuibuaet  siu(^ulis  Feod* 
profic*  commodilat*  emolument'  juribus   Pri* 
f  i!ec*    ct    al'  rebus    quibuscunque   iiiodo  vi  ~ 
antenac  tisitat'  pro  premissa  vel  coruin  aliqu 
recept'  aea  eif?dem  fet  eorum  alicui  perttnea 
inciden^  f  el  incumben'  quuvi^modn  adeo  plen4 
libere  et  fntegre  ac  in  tarn  am^dtt  moao 
forma  prout  prefat'  Thomas  Beouelt,  vol  aliquis 
alius   BJTe   aliqut   alii   prediclum   OlHciutn   et 
co^tera    premissa   sea   eorum    aliqu'    anteba 
habentes  vel  e\*ercente3  habens  sieu  ex 
habuerunt  exerrucrunt  perceperunt  et  gavid 
fuerunt  habuit  exercoit  percepit  et  (^tisus  fuil 
aut  habere  exercere  percipere  aut  gaudere  de- 
buerunt  aut  debuit  in  et  pr^  Exercttio  ejuideta 
Officii  et  cceterorum   preraissorum.      Et  ho 
absque  eouiputo  sen  aliquo  alto  prolude  ooh 
Ueredibus  Tel  Successoribus  noatris  reddend*^ 
sol  vend*  Tel  taciend'  Volumus  etiam  ac 
preseotes  pro  nobis  Heredlbus  et  8ucceasonb 
nostrts  concedimus  prefat'  Hugoni  Hamerdej 
qnod  jp^e  cuatodiel  lutrabitet  transcribet  omnc 
et  ftngolos  Ordines  Reparltitif>nes  et  cotiipu 
tact*  declarat'  et  perfect'  sive  (aciend*  dech 
rand^  et  perficiend'  tanp-eii'  vel  conccrneti*  diet* 
Idiot'  vel  Lunatic*  et  stai'  *  oruiid'  vel   eoruro 
aHquorum  vel   aricujns  Volumus  etiam  q*iocl 
nutlus     alius    Cleric  us    Cancellarte     nosime 
Hered*  vel  Successor'  oostror'  nee  uliqu is  alius 
sive  altani  alii  cum  8cnptur'  CMulecUoue  seu 
Contpositione    priHlictorum     Briorum     CotD«j 
mission*   process*  Literarum  Paten'  vel  cun 
Cuftodia  Intracone  et  Transcript! one  predict j 
Onlin'  Reportation*  etcomputorura  autal'pi 
mis^oruiT)  aut  allctijus eoruudem  ullo modo  iie i 
trofuitiat  seu  intromiltant,  ?.ine  assensu  et  co 
sensu  ipsius  Hugonia  Hamersley.  £t  quod  idco 
tlamersley  aut  Deputat*  suus  sive  Deputai* « 
iufticien'  tn  h;tc  parte  asfiignat*  aive  assiigntind 
Omnia  et  sintrula  predicta  Bria  Commissiooe 
Literaa  Paten*  OrdiTiationesCerttGcation'  Con 
|>o«!tion*  ct  ccrttcra  premissa  de  wel  in  diet*  Cur 
Cancellar'  nostra  ac  Heredum  et  ^uccessoniQ 
nd*  conficiend*  impetrmnd 
ve!  tranacribend'  icrib 
i«  uitrarc  et  transcribere 


eorum 


|>OS!llt, 


Dpua  C9aC6ilcuti'  pioaequeDd* 


In  cujus  ret 
{\^^^  <W-imiit 

K^g^i   nostn   apud  V\  p*tmon  aster  mm   quinti 

Die  Sc"i>itml»riN.  Ititjo  Tl«uiii  rio^iri  Decitiio. 

p:»t  Is  -lu.i***^  timt  tllib  ortitti  ii»  ui  (heK^tfl  of 
iLr  .  nvvii  :  It  likewise  abews,  that  lb*  resiff* 
uaiion  of  Mr.  TbofDM  Bmititft  was  fsr  tk% 


S47J 


10  GEORGE  I. 


Trud  qfthe  Emi  qfMacek^UU, 


[84 


benefit  of  Mr.  HMnerale^,  for  that  if  recited  id 
the  letters  patents  tbeoMeives.  Now,  oi j  lords, 
we  shall  shew  your  lordships  upon  what  con* 
sideration  or  bargain  that  resigoation  and  new 
grant  were  made. 

Com.  Sen,  1  beg  leaTe  to  make  an  obieotion 
to  that :  The  foundation  of  this  Artide  is  a 
corrupt  agreement  for  the  resignation  of  an  of- 
fice accepted  by  the  Lord  Cbanoellor.  Now 
in  the  letters  patents  in  general,  a  resignation 
is  taken  notice  of;  but  they  ought  to  make  it 
appear,  that  his  lordship's  permission  or  ac- 
ceptance of  it  is  necessary.  The  resignation 
is  not  made  to  the  Lord  Chancellor :  There* 
fore  we  hope  it  shall  not,  by  way  of  conclusion 
and  implicatloni  be  an  evidence  to  prove  this 
resignation  to  be  accepted  or  procured  by  him. 
The  resignation  was  in  fiict  made  without  his 
pririty  ;  and  the  resignation  itself  is  of  record, 
and  must  be  proved  by  record. 

Sol.  Gen,  My  lords,  1  can  hardly  think  my* 
■elf  at  your  lordships'  bar,  by  the  objections 
which  are  made  by  the  counsel  for  the  noble 
lord.  They  object  before  they  hear  us :  They 
object  we  cannot  prove  the  resignation  to  the 
Earl :  when  we  have  produced  our  proof,  then 
they  will  see  whether  it  be  sufficient ;  it  is  time 
enough  for  them  to  make  the  objection  then. 
If  we  are  to  be  objected  to,  upon  every  witness 
we  call,  belbre  we  have  asked  them  one  ques- 
tion, 1  am  afraid  a  great  deal  more  trouble 
will  be  given  your  lordships  than  we  are  will- 
ing to  give.  We  are  first  to  ask  our  questions : 
If  we  ask  an  improper  question,  they  may  ob- 
ject to  the  (|iiesiion ;  or,  if  tiie  answer  don't 
prove  our  Charge,  they  may  observe  on  it 
when  it  is  given.  1  little  expected  this  method 
at  your  lordi»hi|>B'  bar. 

jLordi.  Go  ou,  go  on. 

Serj.  Pengelfy.  We  don't  apprehend  there  is 
any  occasion  to  euter  into  this  objection.  It  is 
a  resignation  to  the  crow  a,  but  through  the 
hands  of  the  Lord  Chancellor :  He  is  the  lord 
that  puts  the  seal  to  the  instrument :  But  if 
further  evidence  be  necessary,  they  must  ob- 
ject to  that  when  we  have  gone  Uirough  the 
proof.  Therefore  we  beg  leave  to  ask  Mr. 
Thomas  Bennet. 

Mr.  Lutwyche,  I  thooffht  they  would  have 
objected  to  our  asking  Mr.  Bennet  any  ques- 
tions at  all. 

Mr.  On$Umf,  It  is  rather  an  observation  upon 
our  evidence,  which  will  be  more  proper  for 
them  when  they  oome  to  make  the  noble  kMrd's 
defence. 

Seij.  PengtUy.  We  beg  leave  to  ask  Mr. 
Bennet,  what  afiplication  he  made  for  liberty 
to  resign  this  office,  and  for  Mr.  Hamersley  to 
be  ailmitted  ? 

Tho,  Binnet.  My  lords,  as  soon  as  I  was  ad- 
mitted a  Master  of  the  Court  of  Chancerjr, 
which  was  the  3i\  of  June  1723^  I  thought  it 
inconsistent  to  hold  this  office  of  Clerk  of  the 
Custodies,  whKh  1  had  before ;  and  therefore 
I  intended  to  surrender  it  to  some  person  that 
was  proper:  And  after  I  had  found  Mr. 
HaiMrslty,  awl  nutda  an  agrttmeot  with  lium» 


I  appli«Mi  to  Mr.  Cottingham,  tiwa  aacRtar 
to  my  Lord  Chancellor.  I  told  him  1  wt 
possessed  of  an  office  in  the  gift  of  tlie  crowi 
and  was  willing  to  surrender,  and  was  going  t 
apply  to  a  secretary  of  state,  to  get  the  king 
leave  to  suirender,  for  the  beoefit  of  Mi 
JHamerslcy.  I  told  him  that  the  office  beis. 
in  the  Court  of  Chaucery,  the  secretary  c 
state  would  naturally  ask  my  Lord  Cbao 
cellor,  whether  the  person  I  proposed  was  «d 
affected  to  the  government,  ami  qualified  k 
the  place:  And  therefore,  for  that  reasoa,i 
thought  it  my  duty  to  acquaint  mv  LordCbM- 
cellor  with  my  intention,  and  who  the  finm 
was  I  intended  to  succeed  me.  1  dfvmi  Jfc 
Cottingham  to  acquaint  my  Lord  Chmmlkr 
that  Air.  Hamersley  was  the  person.  Mr.  Cie* 
tingham  replied,  he  would  acquaint  mf  Ud 
Clianceilor,  and  I  should  have  an  ansMr  m 
soon  as  possible.  He  appointed  me  ts  bhI 
him  the  next  day,  when  he  told  me  heMw- 
qiiainted  my  Lord  Chancellor  who  the  isnoi 
was,  and  that  my  Lord  Chancellor  said  be  hsi 
not  any  knowledge  of  him.  I  told  Mr.  Csi- 
tingham  be  might  have  acquainted  his  bad- 
ship  that  he  knew  him,  for  he  lived  the  doI 
door  to  him.  He  is  a  gentleman  at  the  bar  sfl 
known;  and  I  do  assure  you  he  is  in  the  i^ 
terest  of  the  government.  Says  Mr.  CsiMf- 
hani,  my  Lord  Chancellor  don't  knov  bisib 
nor  do  I.  I  was  surprised  at  that.  But  bsv- 
ever,  said  he,  Mr.  Bennet,  there  is  a  prHOtf 
expected  by  my  Lord  Chancellor,  and  if  I 
made  that  present,  the  thing  might  be  anis 
easy,  and  my  Lord  Chancellor  would  do  iM 


he  might  succeeil  me  in  my  place.  Mr.  Cot" 
tingham  said,  tliere  umst  be  a  present.  Oi 
this,  I  told  Mr.  Cottin^^ham,  that  itwttiil 
usual  to  give  any  present  upon  this  ocesMil 
that,  in  my  own  caise,  when  I  cause  in,  1  gifi 
none  to  my  lord  Cowper ;  and  my  brother  tdl 
me  that  he  gave  none ;  and  tliat  at  his  oish 
ing  iu,  he  asked  lord  Cowper  if  any  tliiog  «ii 
due  to  him,  and  my  lord  Cowper  denied  M 
any  thing  was  duo,  and  absolutely  refused  s4 
thing :  Besides,  said  I,  it  is  very  hard  for  flf 
Lord  Chancellor  to  ask  or  accept  any  diii| 
from  me,  because  I  so  lately  paid  him  so  ffii 
sum  as  1,600  guineas  for  my  Master's  pUsti 
but  if  he  will  have  it,  I  will  give  bin  Ml 
guineas.  He  said  he  would  acquaint  flf 
Lord  Chancellor  with  it ;  and  the  next  djjVi *< 
tlie  day  afier,  he  told  me  that  my  Lord  Cm; 
cellor  would  accept  <"   '  "^ 

small   present,  and 
accepted  it ;  and  my 

Hanover  for  the  king's  warrant, 

have  no  further  trouble  besides  paasiag  i* 
patent. 

Seij.  PtmgtUy.  My  lords,  I  desire  bam* 
be  aaked,  W  heUier  he  paid  tlie  100  gmmm  > 
Mr.  Cottingham,  and  in  what  nanner  f 

Tho,Bennet.  Ididpejit;  I  ^biakHk^ 
inaBankbiUofloy. 


[>ld  me  that  my  Lord  CiMq 
i  of  that ;  but  it  was  a  M^ 
d  it  was  a  favor  my  M 
my  lord  wouM  send  ovsril 
kind's  warrant,  and  I  srf 


fiir  High  Vrimet  and  Mitdememors, 
fmigelfy.  Do  you  remember  at  wbat 


A.  D.  nu. 


[850 


Bennet,  It  was  lon^  before  the  ref  ii^^- 
For^  some  oootiderable  time  af^,  Mr. 
baoi  asked  me^  what  1  meant  that  I  did 
I  the  pateoi,  for  the  warraDt  was  come 
[  said  I  had  employed  Mr.  Tench  to  do 
however  I  wonld  speak  to  him  again ; 
ooordiod^y  ^  ^^t  ^'^^  ^^-  Tench  pass« 
•tent,  and  I  paid  him  64L  17f.  the  fees 
mg  the  patent. 

Pengeliy.  Was  that  orer  and  abo?e  the 
neas? 

Bennei.  Yes,  my  lords. 
Penfi^elfy.    Was  there  any  deduction 
r  payment  of  the  100  guineas  P 
Hennet,  None  at  all. 
Miwyche,  My  lords,  I  desire  be  may  be 
ow  long  this  was  after  he  was  admitted 
r  in  Chancery  ? 

Bennet.  I  beliere  it  was  about  six  weeks, 
iimitted  a  Master  in  Chancery  the  be- 
of  June,  and  the  latter  end  of  July 
If,  I  surrendered  my  office  of  the  Clerk 
Custodies. 
Pengelly.    We  have  done  with  Mr. 

Probjfn,    If  the  gentlemen  have  done 
i,  we  beg  that  he  may  be  asked  a  few 
s  on  behalf  of  my  lord  Macclesfield  ; 
ras  it  vou  desired  Mr.  Cottingham  to 
yoor  favour  to  my  lord  Macclesfield.' 
Bennet.  I  desired  Mr.  Cottingham  to 
:  my  Lonl  Chancellor,  that  1  intended 
myself  to  the  Secretary  of  State  for 
larrender  the  place  of  Clerk  of  the  Cus- 
nd  to  beg  the  favour,  that  if  the  Secre- 
State  should  enquire  of  him  after  the 
and  circumstances  of  Mr.  Hamersley, 
t  assure  the  ^!$ecretary  uf  State,  that  he 
lan  qualified  for  the  place,  and  well- 
to  the  government. 
Prebyn.  Was  that  all? 
Bennet  1  think  that  was  all. 
?rohyn.    Was  that  all  that  Mr.  Cot- 
I  told  you  he  had  asked  ? 
Bennet.    1  don't  remember  any  thing 
at  only  Mr.  Cottingham  returned  for 
my  lord  diil  not  know  Mr.  Hamer«iley, 
ost  make  a  present  ;  and  then  what  i 
ironid  be  complied  with. 
PrtAun.  I  think  you  suy  you  had  some 
rith  Mr.  Hamentlry  alMiut  ibe  surrender 
otfceP— 7%o.  Bennet.    Yes. 
Prohyn.  Had  yuw  come  to  any  agree- 
tb  bim  for  tlii'  nflire,  if  you  could  pro- 
nrmder  and  adiniuance  ? 
Bmaet.   Y«9 

Rrofrjm.  Th(  o  I  de<ire  to  know  what 
■Miey  he  was  to  p^y  you  for  that  ofticr, 
•old  pni-  nrf  him  lo  he  reconniiended  ? 
?tmgtUy.  We  hope  the  counsel  will  not 
I  •juration. 

IfM.  It  is  not  so  proper  for  us  to  object : 
MMi  if  to  come  from  hitn  :  we  may 
Ifcil  hr  b  not  Iwund  to  answer  3uch  a 

.  X¥I. 


The.  Btnnet.  I  desire  to  be  exeused  answer- 
ing a  question  that  is  not  material  on  one  side 
or  the  other. 

Serj.  Probyn.  I  hope  it  will  be  thought  rea- 
sonable, that  he  should  inform  your  lorvlsbips, 
what  was  the  consideration  that  mduced  bim  to 
surrender  bis  office,  or  what  money  he  was  to 
have  P 

1^.  Bennet.  I  might  have  surrendered  that 
office  without  receiving  any  money  for  it ; 
whether  I  gave  it  away,  or  whether  1  aold  it, 
is  not  material. 

Mr.  Strange.  I  desire  to  know  whether  he 
gave  it  away  P 

Mr.  Wtit.  The  queatioo  is  only  to  iodnce 
him  to  aoease  himself  of  a  §uA  wbicfi  may  be 
prejodicial  to  bim,  and  it  hath  no  influence  o« 
the  question  before  your  lordahipa  ;  which  is 
not,  whether  this  gentleman  bad  a  right  te 
give  away  or  sell  his  office,  hot  whether  tba  earl 
of  Macclesfiekl  corruptly  look  money  P 

Sol.  Gen.  It  is  our  duty  that  be  shouM  noi 
be  surprised  into  a  question  that  may  aubject 
him  to  ponishment.  It  is  net  properly  an  ab- 
jection from  us ;  but  we  ought  to  let  him  know, 
that  an  anawer  to  thequestion  nsay  subjeet  him 
to  a  prosecution.  If  he  thinks  fit  to  aniweri 
we  have  nothing  to  aay  to  it. 

Mr.  Plummer.  I  have  another  objection  to 
the  putting  of  this  question.  I  perceive  the 
counsel  intend  to  draw  out  this  trial  to  an  excee* 
aive  lengUi ;  I  hope  your  lordahips,  for  your 
own  sakes,  will  not  permit  this  question  to  be 
answered. 

£.  of  Abingdon.  If  this  point  be  insisted  on 
on  both  sides,  it  cannot  be  avoided  but  they 
must  withdraw  :  but  I  hope  the  counsel  for  the 
noble  lord  will  consider  very  well  of  it,  before 
they  nve  your  lordships  or  the  Managers  thai 
trouble :  for  if  your  lordships  should  judge  the 
question  unreasonable,  it  would  throw  a  dis- 
grace upon  themselves,  and  be  at  least  of  ne 
service  to  tben(»ble  lord  that  is  impeached. 

£.  of  Maccletfield.  I  humbly  appreliend  this 
question  to  be  extremely  material,  as  that  cir« 
cumstance  of  his  having  made  this  preaent  of 
one  hundred  guineas  out  of  two  ihoosaiid,  per- 
haps, which  he  received  for  surrendering  the 
place,  roust  set  this  matter  in  a  different  light 
than  it  would  appear  in,  if  notliing  else  had 
been  done  but  the  bare  paying  of  the  one  hun- 
dred guineaa ;  but  since  fperceive  it  to  be  your 
lonlships'  sense  that  he  ahould  not  be  asked  the 
question,  I  therefore  decline  innistinff  on  it. 

Ur.  Sayer.  My  lords,  I  beg  leave  to  ask  Mr. 
Bennet  this  question  :  he  was  pleused  to  say 
that  he  gave  a  hundred  guineas;  now  I  desire 
it  may  be  asked  of  bim,  whether  he  gave  it  to 
permit  him  to  resign,  or  to  give  a  recommen- 
dation of  Mr.  HaraersleVi  or  what  else  ;  that 
he  would  please  to  explain  it,  wtiat  it  was  given 
for? 

Tho.  Bennet,  I  have  said  it  twice ;  hot  I 
will  repeat  it  again.  I  said,  that  it  was  that 
my   Lord  Chancellor  might  recommend  the 

Ki-rson  to  the  Secretary  of  Suto;  for  I  eppre' 
ended  it  was  not  in  my  lord's  pewer  or  (^k 
yl 


851] 


10  GEORGE  L 


Trial  of  the  Earl  of  Maeddfidd^ 


rsst 


be  might  have  done  it  without  taking  any 
money. 

Dr.  Sayer.  Wi  h  resrard  to  the  64/.  odd  mo- 
ney, what  was  thnt  paid  fur  ?  Whether  lo  the 
Great  Keal  only,  or  tor  the  whole  fees  in  pass 
ing  the  patent  through  all  the  offires  ? 

Tho,  Bennet,  It  was  |>aid  to  Mr.  Tench,  the 
clerk  of  the  patents,  who  psMied  this  patent 
through  all  the  offices  ;  and  the  great  seal  was 
incliideil  in  it,  as  I  apprehend. 

Dr,  Saver,  1  ask  who  tliis  Mr.  Tench  is, 
whether  he  is  an  officer  beloitging  to  the  great 
•eal.  nnderthe  Lord  Chancellor  f 

37^1  Bennet,  He  iscleikof  the  patents;  1 
do  not  know  who  he  belongs  to. 

Mr.  Robim.    My  lords.  I  desire  lie  may  be 
•sked,  whether  Mr.  CJotlingbatn  told  him,  that 
the  lord  Macclesfield  insisted  upon  any  parii 
cular  sum  ? 

Tho,  Bennet,  Mr.  Cottingham  told  roe,  that 
my  lord  insistt*d  upon  one  bun!  red  guineas ; 
•tid  I  argued  the  unreasonableness  and  hard- 
■bio  of  it. 

Com,  Sery,  My  lonls.  I  desire  Mr.  Bennet 
may  acquaint  your  lordships,  whether  ever  he 
made  any  application  to  the  noble  lord  for  per- 
mission to  realign  ? 

T.  Bennet,  i  never  spoke  to  my  lord  myself. 

Sorj.  I'engelty,  W  th**  ifcntlemen  buvf  done 
with  him,  we  beg  leave  to  explain  this  matter, 
and  to  ask  him  upon  what  account  it  was  that 
BIr.  Cottingham,  trom  my  lord  Maccicsfii'ld, 
mid  a  present  was  expected  P 

Tho,  Bennet,  I  cannot  say  what  was  Mr. 
Cottingliam's  reason :  but  he  said  my  Lord 
Chancelk)r  did  not  know  Mr.  Hamersley  ;  and 
then  he  went  on,  and  said,  a  present  was  ex- 
pected. I  apprehended  Mr.  Cottin$^hnm  took 
It,  that  I  could  not  do  it  without  my  Lord 
Chancellor's  consent. 

8erj.  Pengclly.  I  desire  he  may  be  asked, 
whether  the  KX)  guineas  was  paid  for  a  recom- 
mendation of  Mr.  Hamersley,  or  that  the  whole 
of  procuring  t!ie  warrant  for  the  patent  was  to 
be  done  for  il  ? 

Tho,  Bennet,  Mr.  Cottingham  assured  me, 
I  need  have  no  f^irther  trouble  about  it,  if  I 
would  pay  the  100  guineas  :  he  would  ifct  the 
kind's  warrant ;  and  i  should  have  no  lurtiiir 
trouble,  hut  passing  the  |>atent. 

'Scrj.  VengcUy,  My  lords,  I  desire  he  may 
be  asked,  whether  he  de|)ended  upon  these  as- 
surances, or  whether  he  made  application  to 
any  body  else  ? 

'Tho,  Bennet,  I  never  made  any  other  appli- 
cation ;  and  I  tolil  Mr.  Cottingham,  if  any  ac- 
cident happened  of  death,  &c.  before  the  war- 
rant came  over,  J  hoped  my  Lord  Chancellor 
would  ntum  the  100  guineas;  and  he  said, 
surely  s«». 

Se'rj.  Pengelly,  1  beg  leave  to  obeerve,  that 
the  patent  proves  that  this  corrupt  bargain  was 
execntetl. 

Mr.  Luiwychg.  1  desire  he  may  be  asked, 
whether  Mr.  CoUiDgham  delivered  to  him  the 
•ign-manual,  or  wImUmt  Mr.  OntUDghaiB  got 


Tko  Bennet.    I  never  saw  the 
He  delivered  it,  as  1  bt-lieve,  to  Mr.  Tencb. 

Mr.  Lutwyche.  l>id  BIr  Cotliniebam  givs 
you  notice  when  the  xign -manual  came  over  f 

Tho  Bennet.  Yes ;  he  dul  give  roe  oolioe  it 
wa-  come  over,  and  was  very  angry  I  did  not 
go  alKiut  it. 

C'Mir  Serj,  I  desire  Mr.  Bennet  may  girt 
your  l(»nlships  an  aceount  wha  nine  it  wu? 

Tho.  Bennet.  About  toe  latier  emi  of  July. 

Com.  Serj,  I  d.  sire  lie  iita>  be  asked,  wba* 
ther  he  liad  not  made  app  ication  to  the  tere- 
tary's-ofGce  ? 

Th(t  Bennet.  No,  1  had  not  made  any  ip 
plicuiiou  at  all. 

8erj  Probyn.  Did  you  never  m  -ke  anj^ 
pliraiiuii  to  any  other  |»erKiHi,  either  hefiNtV 
atier? — Thi4.  btnnit.   I  a  n  |M»Hiuve  I  didMt 

Serj.  Probyn.  Did  you  e«er  sav,  aliout  ihd 
tiine«  tliat  you  bad  made  appUcaliiHi  to  mf 
oibi-r  person? 

Tho  B  nnet.  No,  1  don't  remember  Ihil  I 
did. 

Seij.  Probyn.  No  !  Did  you  never  sMb 
apphcation  to  any  body  elite  ^  . 

Tho  Bennet,  I  never  told  any  body,totlM 
best  of  m\  know leilt^^e  and  belief,  lamfoy 
confident  I  uiter  did. 

Serj.  PrngcUy,  My  lords,  if  they  bavediot 
with  this  viuness,  we  beg  leave  to  call  Mr.CM^ 
tingham.  wh(»  was  a ;  agent,  and  paid  overtbii 
money  to  uiy  lord  Macclesfield. 

Mr.  Peter  Cottingham  sworn. 

Serj.  Prngelly.  My  lords,  we  only  call  Mir. 
Cottingham,  to  acquaint  your  lordsbipa  wbca 
he  paid  over  these  100  guineas  io  my  Ud 
MaccleHtield. 

Cottingham.  In  July,  I  think  it  was. 

Serj.  Hengeliy.  How  loni;  after  you  receircd 
it  from  Mr.  Thomas  Bennet? 

Cottingham,  I  believe  1  paid  it  over  tbtt 
day,  or  the  day  after. 

Hc'ij.  Pengelly,  I  desire  he  may  be  asked, 
how  long  before  the  patent  was  passed  ? 

Cottingham.  I  can't  tell,  because  1  can't  ecr* 
tainly  say  when  the  patent  passed. 

I^r.  iMlvyche.  We  desire  to  ask  him,  wht' 
thcr  it  was  that  year  when  the  king  was  beyooA 
s€  a  ? 

Cottingham,  I  think,  my  lords,  it  was;  it 
was  in  J  Illy  1723. 

Com,  Serj.  If  the  gentlemen  of  the  Hooieif 
Commons  have  done  with  him,  1  bevT  that  bt 
w«»uld  give  your  lordships  an  account  vImC 
dis(  oiirse  he  had  with  Mr.  Bennet  ? 

L.  C  J   King,  You  hear  the  questioo. 

Cottingham,  Mr.  Thomas  Bennet  told  IM 
he  had  agreed  with  Mr.  Hamersley  for  tkt  \ 
place  of  Clerk  of  the  Custodie* ;  and  that  kl 
did  not  think  it  convenient  to  keen  two  swil 
conaiderahle  places,  which  depeniled  upon  kli 
own  life  oulv  ;  that  is  the  Mas.er'a  plai% 
which  he  hatf  before  purchased,  and  this.  B*  ; 
tidd  ine  he  had  di8|»oseil  of  this  plaice  la  Mr* 
HamerHlejf,  in  order  to  reiroburae  himself  p^ 
of  the  ONoey  he  bad  ptid  to  Mr.  UiooMiBb  fc 


51 


Jbr  High  Crimti  and  Misdemeanors.  A«D.l?f5*  [854 


!  Master'f  place  thmt  be  had  purchased  oi* 
kim,  uad  tor  tnat  reasoD  be  did  uot  care  to  keep 

Cam,  Serj.    Bid  be  fell  you  hovr  much  be 

id  disposed  of  it  for? 

Cottingham.  No,  he  did  not. 

Com,  Strj.     My  lords,  I  desire  Mr.  Cottinir- 

mtjr  be  asked,  what  it  was  Mr.  Bennet 

red  him  to  reiioest  of  my  lord  Macclesfield? 

Cotiin^ham.  To  iho  best  of  my  rem  em - 
ice,  be  said  J   he  hoped  that  bis  lordship 

lald  accept  of  100  gurneaS)  becaase  be  had 
'wed  from  him  so  lately  a  present  fur  hia 
Eer*8  place,  and  he  deiired  his  lordship  to 
ard  his  petition  to  his  majesty, 

llr.  Sayer,  Was  this  oii  the  first  applica- 
f 

Cidiingham,  Yes;  be  oerer  made  but  ooe 
lication  to  me. 

r.  Stayer.  It  is  of  consequence ;  atid  there- 
1  desire  it  may  be  asked,  whether,  at  the 
time  he  applied,  he  m&de  this  ofier  of  100 

meas? 

Cottingham*     He  did,  and  I  paid  it  Ofer  to 
ly  lord  Macclesfield. 

Dr.  Satfcr,  I  desire  Mr.  Cotiin^hann  noav  be 
1,  whether  be  kaew  Mr.  Uamersley  before 
lime? 

C4ittngham,  I  knew  bim  very  well,  be  was 
oext  door  neii^hWur  both  in  towD  and 
try. 

Dr.  Saycr,  Did  you  tell  Mr,  Bennet  you  did 

t  know  him  T 

Cottinghiim,    No,  I  never  told  blm  so,  it  was 

ibie   I  should ;   be  was  nay  nt^xt  door 

bour  both  in  Bell-yardi  and  at  fiamp^ 

Br.  Sayer,  What  character  had  Mr.  Ha- 
ley ? — Cot'ingham,    A  very  good  one. 

£.  of  Macclesfietd,    When  you  first  S|>oke  to 

e  of  this  matter,  what  did  you  tell  me? 

Coiiinghum,     I  tohl  yoor  lordship  Mr.  Ha- 

lendey  was  my  next  door  neighbour  both  in 
and  country  ;  atid  that  he  was  a  gentle- 
of  as  unquestionable  a  character  as  any  at 
tbe  bar ;  and  your  lordship  was  pleased  to  de- 
|icnd  upon  me  for  his  character. 

Mr  Strange  He  is  pleated  to  tay  Mr.  Ben- 
met  did  not  inform  bim  what  a^reefnent  was 
made  between  birn  and  Mr.  Hamersley  ;  but 
^id  not  he  say  oo  what  account  he  resigned  ? 

Cottingkum.  He  told  me  he  surrendered  the 
office,  to  reimburse  himself  the  money  be  had 
pud  to  Mr.  Hiccocks  for  hisotfice. 

Mr.  Sirange.  W  hat  office  was  that  ? 

Cottiughum,   The  Master's  ofBce* 

Mr  Strange.  Bid  he  rofntiou  ihal.'* 

Coi  ting  ham.  Yes,  he  did  mention  it. 

8eij.  PtngtHy,  If  they  have  done,  we  begf 
IcsTC  to  ask  Mr.  Cottini^bam,  since  he  inform- 
ed my  lord  of  the  circumstances  of  Mr.  Ha- 
Bieraley,  whether  be  acquainted  my  lord  of  Mr. 
Hamersley,  before  or  after  the  time  he  paid  the 
100  guineas  P 

0>itingham^    1  acquainted  his  lordship  be- 
ibre. 
'  'Seij.  Ftngtlijf*    1  be^  laaTe  to  ask  aootber 


queKtiou:  If  this  g^entteman  can  inform  you'' 
lordships  upon  what  aceouut  it  was  he  receivad 
the  100  {j^uiiieas  from  Mr.  Bennet? 

Cot  ting  ham,  I  receifedtbe  100  guineas  upon 
account  of  his  surrender  of  bis  utbce. 

Serj.  Ptngdty,  We  be|f  leave  to  ask  another 
que^ition:  whether  before  be  agreed  with  Mr. 
Bennet,  he  had  informed  my  lord  Maccles- 
field of  aoy  propOMil,  or  what  was  to  be  ex- 
pected? 

Cottinghamt  No,  t  don't  remember  I  did. 
All  that  passed  on  that  occasion  wa»,  Mr.  Beti- 
net  said  be  was  willing'  to  gif  e  100  g^uineas^ 
and  be  hojjed  bis  lordship  would  iiot  insist  upoo 
tnore. 

Serj.  Fengelly*  1  beg  he  may  he  asked  ano- 
ther que^ition;  whether  when  became  back 
from  my  lord  Macclesfield  to  Mr,  Bennet,  with 
theaccuuiit  oftfae  acceptance  of  the  100  guineas, 
he  did  not  tell  Mr.  Beunet,  he  ought  to  tsikc  it 
as  a  tiivour  that  bis  lontsbip  aixepted  so  liUte  f 
CottUgham*  1  can't  remember,  but  I  tbbk 
I  did  Dot.^ 

Serj.  Feugeliy.  Can  you  say  yon  did,  or 
you  did  not. 

Cottingkam.  Tolhebestofmy  remembrano* 
I  did  not, 

Serj,  Pengelhf.  We  deaire  he  may  mform 
your  lordshi|j«  what  answer  be  brought  to  Mr, 
Bennet  from  my  lord  Macclesfield  ? 

Cottingham,  Th^  answer  my  lord  Macctes* 
field  ordered  me  to  give  Mr.  Bennet,  was,  thai 
he  agreed  to  accept  of  the  100  guineas  accord- 
ing to  bi<4  proposal. 

Serj,  Pcni'dly,  Whether  was  tliis  offer  of 
the  100  guineas  the  first  time,  or  after  Mr, 
Cottingham  bad  spoken  to  my  lord  Maccles*' 
field  about  it  ? 

Cot  ting  ham.  Mr.  Bennet  proposed  to  me  to 
give  the  100  guineas  before  1  spoke  to  ray 
lord  about  iU 

Serj.  Prngdly.  Whether  il  was  the  first  time 
be  offered  the  lOO  guineas,  Or  some  time  after  ? 
Cottingkam.  He  offered  the  100  guineas  the 
first  time. 

Serj.  PengcUy.  Whether  Mr.  Cottingham 
did  not  say  Ihe'^first  time,  lliat  something  was 
expected!  f 

Cottingham,  I  believe  he  did  say  the  great 
seal  would  expect  something. 

Mr.  Lutitvche  Mr.  Cottinghapa  says,  he 
believes  he  did  say  something  was  expected. 
Then  t  desire  to  refresh  bis  memor  v,  and  that 
he  would  acquaint  your  lordships  whether  that 
was  mentioned  before  the  100  guineas  wer« 
offered  ? 

Cottingham.  No,  oot  as  1  remember. 
Mr.  Lutwyche,  Wbal  did  you  say  on  tl^al 
occasion  f 

Cottingham.  I  said  on  that  occasiun.  as  be 
offereil  100  guineas,  i  told  him  my  lord  was 
willing  to  accept  of  it. 

Mr.  Lutwychc,  I  am  speaking  of  the  first 
discourse  he'had  with  him,  1  ihmk  he  do«^  re- 
collect  that  he  suid,  my  lord  expected  some- 
thing oi^  the  a4!Count  of  this  *>§ic-e. 

Cifttinghani,  The  til  it  discourse  when  that 


1 


855] 


10  eootiGE  I. 


Trial  nfthe  Eart  ^MaeOt^fiMt. 


[«&l 


I 


WIS  «  I  \M  tiim  tny  l<^rd  «ypetf'l''il 

Mr  Luta:^chc,  Was  ihit  tfi^-itrnldi^c^nuiiiflf 
ColHngham.  Ttir  fiml  hint  I  rrfWPniKer 
Mr.  Luinyrhe.    \  h^ntsMhw  i\\\t%\ion,     li 
r  CoiHit^tjani  tnl*!  Mr  Bciiiw't  thai  my  k»r(f 
f  omHhintf   by  w»y  of  cor»ipffmi?tit, 

?  Mr.  rtittm|r*i***»  <*»    '«"«*"'  •*>•*? 

Lvttiiigham,  Mr.  BennH*»kedm**rft  lieliet'H 
his  lortJ>iiM|i  woolil  not  i^xpect  Ji  complim^nlf 
J  tol.<  him  \  be!ie#ed  hi«  lonhhip  would  ;   and 
then  he«aid  ha  would  irive  100  guineas. 
Mr    ^ —     '      "'      lu  iiiiy  discourse  vrlth 

Co;  ^..^  ,,  .     \-.  k>  ..i,  At  all,     I  to!d  him  It 

as  uitml  tft  mnke  a  fireitent ;    a«d  then  he 

U  mc  he  was  i^illiotj  to  i^ivp  jOO  ^iiifi^aR. 

Mr.  Pktmmer,  1  kfjovv  Mr.  ColtingKam  ii  A 
__  y  honest  g'cntli'maii.  I  de-vire  lo  a»k  hJm. 
if  Mr.  Bennei  did  not  then  tell  him,  that  when 
his  hrotlier  was  admitted^  my  iord  Cowpet 
wouhitake  iioihinjUfP 

Cotiinfiham.  He  did  not,  upon  the  oath  I 
have  taken ;  this  is  thp  first  word  T  h*^ard  of 
it :  I  did  uot  know  whtither  Lis  brother  paid 
any  thiny,  or  nothing. 

Serj,  Prngcf/y.  There  it  some  little  ratiati<»i, 
thoujjh  notinutertat^  br'liveen  Mr.  Bennet  and 
tin  Cottio^ham ;  we  beg  tbat  Mr*  Bennet  may 
eome  lo  the  bar  afi^'aiu. 

U*  (if  Mftrcieiifitlii.    My  lords,   1  don't  op 
poae  Mr   Bcntiet'g  coiuini^  to   the  bar  again  ; 
Ditt  I  think  it  ii  very  extiaordinnry  for  persona 
to  produce  witDetaesto  coufionl  their  own  nit- 
neaaea. 

Mr.  Luttpyche,  We  do  it  to  confirm  the  tes- 
tlniAoy  of  our  witness. 

Set  I  Pnofelly.  lu  an  affair  of  this  nature  it 
i^  to  produce  direct  cvidpni!e|  without 

P»  he  ag^ent  employed.     Mr  Cottin^- 

liam  vt&&  the  agent  made  tise  of  by  the  Chan- 
cellor, and  we  beg  leave  to  a^k  of  Mr  Bennet, 
what  answer  Mr  Cottingbam  broujiflit,  orssAid 
lie  brought,  from  my  fjord  Chancellor  reUting 
to  this  atfair 

Tho.  Bennet,  When  Mr  Cottioi^am  went 
iVom  me  to  my  Lord  r'         "  snot 

a  word  of  money  men  I 

ifould  not  io  much  as  |.>ii  u  nim  ms  nc-ad  ; 
and  he  returned  to  roe  the  next  dny  and  told 
me  ifty  Lord  Chancellor  insisted  upon  a  present. 
Then  I  said  it  was  very  bard,  and  !  would  ^ive 
my  lonl  100  g'utneas  it  it  must  be  so. 

Serj\  Pengfi/y,  Waa  it  not  at  the  tecond 
mer titt^  that  he  losi^ted  on  a  present  to  my 
lord? 

.  Tho.  Bennet,  At  the  flecond  meettog'.  At 
the  5rtt  time  he  did  not,  becanse  there  was  no 
mention  ma^te  of  money, 

Cottingham.  AM  that  Mr.  Bennet  said  to 
Bie  on  that  occasion  was,  that  in  re^rd  a  com- 
pliment of  1  500  guineas  had  been  s(t  Itttely 
^Uet%  to  his  lOrdship,  be  kioped  his  lonlshtp 
^'    "      '  I  reofhinnhan  100  guineas. 

id.     These   gentlemen    are 
plt.iM  II  ii»  u  11*  I   10  their  evidence.     I  won  Id 


aak  Mr.  Bennet  a  aeeotMl  time  whether  Mr. 


Cotiisftham  i«>kl  btm  that  be  dli  ii«l  kMir  Mr. 
HameraWy  P 

Tho,  Bennet,  I  am  sure  Mr.  Cotlillfham  taU 
uie  that  my  Lord  €hane«4l«f  4li4  iu>t  kuovi 
him,  and  I  tlutik  b^-  ttdd  me  (Iml  lie  iM  not 
know  htm.  That  made  mritay,  lVhy,l$tr,  Iksl 
is  atrani^e  ycm  should  not  know  him*  wbviiht 
Hre^  the  next  door  lo  yon  f 

B  o4^  Marr/rj/i«/^/fielortf  b«  laid.  Mt  €ki« 
tini^ham  HAid  he  did  not  ktiow  Mr.  Uamendii 
f   tbmk  he  told  your  kirMii|»a  so*  lliai  I 
not  know  him. 

7Xa  Brnuet,    It  la  uii|KMaihle  to  wmmf' 
e#ntera»ti«in  at  so  great  fhstaaoe. 
£.  oi  MiccU^id.    Y<»ti  are  i 
Thu.  Btnmt,  I  am  not  poailite. 
£,  of  MaccletfirJd,  Then,  if  he  ia  ta^t  i 
whrtfaiir  Mt.  Coititiffbam  li>hl  bisi  mm ;   I*! 
sire  he  may  be  aaked  whether  tie  ia 
that  he  aOBifere«l  Mr.  CfittinKhtitn,  Why, 
that  is  very  stranfi^e  that  yuu  !<ii<»uld  doI 
him,  whr  a  he  lires  the  next  door  to  y^mf 

Tho.  Bfunet,  I  am  as  positive  of  tbt  onetf 
of  the  other.  Th  is  citnreii»atit>i)  pa«c4  biiwttl 
us,  as  near  as  I  can  rcmem^ier 

Ofliingkitm    It  la  very  straoft  I  sIkmIiI  mf 

so  of  my  very  oejit  door  naif  blanirt  aaift  f«a 

tit'tnan  at  the  bar.  t 

Tho.  Bennei.  Therefore  I  woniicrtd  at  ii. 

Mr.  ItUtwjfcht*   There  is  but  onrihiMirQMi 

TelaTinjf  to  thin  Article.     It  is  ^erw  «tH 

that  his  lotdahip  was  oni'  o4  the  lords  ji 

Cottinghamr     It  IS  very  Strang,  ai 

Ocnnet,  that  I  sitould  not  know  him 

prentleman  at  the  bar  }  I  see  him  mery  iky  ii 

Westmmsier  hall. 

Tho.  B^nriet,   That  was  the  wonder  I  taili 
of  It     1  nnliqrht  misiakr  yon ;     I  am  aur^  y« 
said  my  lord  did  mH  know  him,  atid  1  \  *  ' 
I  you  said  you  did  not  know  htm.     Mr  Ct 
I  ham  is  rery  deaf,  and  he  might  mil 

8erj.  Pengtliy.  My  lords,  we  s 
I  noble  lonl  does  not  (lut  ns  on  the 
I  acting  as  oue  of  the  iordsjiistirea. 
I      E.  of  MatckMfUU  U  Mr.  Detafaye  la  i 

I  desiM?  he  may  be  called  tu  ^ive  an 
I  my  acting. 

I      J^erj.  Fengttiy,    What  I  call  Mr.  D^laAp 
for,  \h  to  ipve  an  account  of  my  U>r4*$  mdim  le 
one  of  the  lords  justices.     If  they  d«<i*iadrnitil 
i  we  must  call  bim. 

'      Dr.  J^yer.    My  tordt,  we  desire  be  any  k 
called. 

Mr,  Deitifaye  called. 

Serj.  Pengelty.    We  desire  Mr.  DetaAtt 
may  be  sworn. 

Mr.  Ikiofayt  sworn, 
Seij.  Pemgeity,    Hioce  that  is  inaiatad  ufMNi 
for  form -sake,  which  ia  notorioiia  to  tiie 
kingdom^  we  only  beg-  leave  to  ask  Mr 
faye,  whether  my  l^rd  Chooeellor  a^Nd  aaoee 
ot  the  lords  justiccK  at  the  time  of  thia  nat^fitr 
[Shewin^^  hiai  l\1r.  Hamersley^s  paleat^J  UgA 
Ufion  the  date  *«f  that  patent  f 
Delufatf€,  Yes,  my  lordti. 
»eti.  PingcUy.   My  iMda,  w$  9akf  UA^ 


Jt^  High  Crimes  and  Misdemeanors, 


A.  D.  ITIS. 


[8d9 


wilftevs  wticiber  mv  Loni  GbttAOrllor,  who  had 
tikvn  tbe  custoity  of  the  g^mt  s^,  acted  as  oue 
of  the  lords  justices  ? 
rJhlqfajfC.    Ye«,  my  lords,  be  did. 
^fcfj«  >*ro6ya,     ]  be^^  leai^e  io  a^k  him*  whe* 
he  knew  any  thiQji(  of  Mr  Bennet's  |jeti- 
ibriii|C  transom  it  let!  to  bis  [D»je»ly  abroad, 
by  whose  direction? 
\>J)ei/ifa^€.    Mr.  Bentiei'tt  |ietition  waa  traoi^ 
liled  to  hi*  majesty  abroad,  by  dtrectroa  of 
f  lorda  justh^ei, 

I   Probyn,  f  desire  I htawituegs  would  io* 

I  your  lQrd!ihip»,  whether,  in  Mr.  Beanet^s 

jilt  ion,  it  ft  as  desired  that  a  ^ant  of  his  o^ce 

tild  be  made  to  any,  aod  what  panicutar 

Ir.  hutwifche,    I  tbiok  we  may  reasonably 

cl  to  that  question.     ^Ve  are  not  for  irou- 

your  lord«^hips  with  unreaKoniihle  objec- 

;    but  wbeti  a  gentleman  experiPnced  in 

iIaw  shall  a-ik  queiitioRs  cooceroinK  writteti 

nce»  we  must  oppoae  thai,  and  suboiil  it 

'  lordthifis, 

I  the  Mnoag^ers  for  tbe  CfMnmoos  ac- 
n^i    the   House,  that    they    had    gontt 
%\i  with  (heir  erideuce  to  the  Nmib  Arit> 
,  did  intend  next  to  proceeed  to  the  Fiilhi 
li,  Seveoth  and  Eighth  Articles  ;  and  alle^- 
it  WHS  refjutMite  their  evidence  should  be 
entire,  submitted    it   to  their  lordships 
Uer  they  shotitd    oo\t   proceed  ;    wbf  re- 
tbey  and   all    parties  were  diteettfd  to 
draw,  and  tlie  Lords  resolvtd  to  proceed 
Iher  in  the  trial  to-  morrow  at  ten  o^ch»ck  in 
tbe  forenoon,  and  adjourned  to  nine  o'clock  to- 
tow  moraiQg* 


The  Secc.nd  Day. 

Friday,  May  7. 

>  L/Mrds  beinfif  seated  in  their  IToute,  4iid 

^  Manaf era  beto|^  come,  and  the  &aid  Earl 

J  oti  a  atool  %%  before,  and  his  eouii^l  at 

|;4art    proclamation  nas  made  by  the  ser- 

t  at  arms  as  fnUo^^^s  : 
Our  sovereign  bird  ihe  kinf^  strictly  charges 
and  commands  all   manner  of  persons  to  keep 

tice,  upon  fmin  of  imprisonment. 
'hen  an  other  prodamHtlrm  was  made  as  oo 
first  day,  That  all  persons  ctmcernetl  were 
to  take  notice,  thiat  Thomaa  earl  of  Maccles* 
field  now  stands  ufiou  bin  t\ial,  and  they  may 
rome  forth,  in  onW  to  make  ijood  the  Chaiife. 
—i^  C  J.  King,  Gentlemen  of  the  Htmse  of 
^hnmons,  yon  may  proceed  in  your  evidence. 
^■erj.  Pengelly  The  Managers  will  now  pro- 
ofed to  the  Fitth,  Sixth,  Seventh  and  Eiw^hth 
jjlHcles,  i>eing'  all  of  the  same  nitlore  and  kinrl, 
^  to  tbe  eoTTQpt  takinff  of  money  on  the 
\  of  tbe  ofiices  of^  the  Masters  \\\  Chan* 
eery.  The  question  betn  een  ttie  CointiKutM  and 
tkalard  impeached  apoo  these  severnl  Articles 
ilp  Hm  maatier  of  takintr  this  money.  Tbe 
^  Di  obarg'e  the  takinf^  of  the  aioDf>y  to 

r  CXtartiim  and  eorrupHon,  and  to  be  drawn 
Ibeic  cotiaeut ;  tb« 


Lord  in  his  Answer  Iniista,  that  it  was  freely 
and  voluntarily  j^vfo,  aa  presents,  Ufion  then 
respective  sdmittaoces.  The  Manaj^ers  appre- 
hend that  th«'y  shall  ffive  your  lordships  fuU 
satiKtac^ioOi  that  the  Charge  of  the  Commons 
18  tru  f  and  that  .the  manner  of  takinijf  tbesa 
sums  cbarjCMi  on  the  Lord,  will  he  «i  up  ported 
hy  the  eviden<'e  that  will  be  produced.  The 
fir'4t  witi«es8  that  we  shall  call  is  Mr.  Wdliam 
Kyoaaton,  to  tbe  Ftilb  Article. 

Mr,  William  Kynuatan  swoni. 

€erj.  Pm^eUy.  We  desire  that  Mr.  Kyoas- 
ton  may  be  asked,  when  he  was  admitted  to  ba 
one  of  the  Masters  of  the  Court  of  Chancery  f 

KynmMton,  On  the  9lli  of  Auq^ust,  1721. 

8erj.  PeHgeiiy.  We  desire  that  he  may  ba 
asked,  concernmi?  the  manner  of  his  arlmit* 
tance  what  transactiona there  wtf re  befure  haoil 
about  it,  with  whom,  end  what  he  gave  tba 
L*>pi  ChancelUir  tor  his  admission  ? 

KynoMton,  After  i  had  a^rreed  with  Mr.  Ro- 
g'ers  lor  the  purchase  of  his  office^  I  desired 
one  JVIr  Baily  to  go  to  Mr  Cottioi(ham«  my 
lord's  t:^ecretary,  to  know  what  my  L««rd  Chaa* 
cellifr  would  expect  for  my  admission  into  the 
offire,  and  treat  w  ith  him  aliont  it  Mr.  Baily 
told  uie  it  was  best  for  me  to  talk  with  Mr.  Cot- 
imk^ham  myatflf  So  I  went  to  him, and  told  him 
my  Cft*e,  He  men  lion  ed  to  me  that  other  Mas- 
ters, particulsrly  Mr.  Conway  and  Mr  B«»rret« 
hud  iriven  l,5tX)g'umeasa' piece.  1  profMiaed 
to  him  1,000/,  or  1,000  guineas;  he  ^id  he 
eoiild  not  mPDtion  it  to  coy  Lord  Chancellof 
under  t,500r  I  airreed  to  i^ive  it;  hut  I 
Uioughi  he  mt^ant  pounds,  and  made  prepsira* 
tiotis  for  it  arc<»rdin^ly  ;  hut  Mr.  Bdily  after- 
wards telling  me  that  he  had  seen  Mr,  Cutting'- 
hmn,  and  that  he  insisted  upon  ^uineaji,  I  seut 
theiu  tu  him  on  the  8ih  by  Mr.  Baily,  and  the 
9  til  1  was  admitted  and  a  worn. 

8erj,  PengeU^,  What  arguments  were  made 
use  ol  by  Mr.  Cottin|^ham»  to  raise  the  prica 
from  1,000  to  1,500  guineas? 

Kynmtvn.  i  don't  particularly  remember ; 
hut  either  Mr  Holders  or  Mr.  Cottinghatii  saUl 
it  was  Ihe  oldest  and  the  Ut^i  edifice* 

BerL  Pengelty,  Whether  any  thiog;  was  laid 
that  the  office  was  f nil  of  cash? 

&»erj.  Probyn,  We  spprelieiid  tl^  a  [eafUn|^ 
question, 

yiw  Lutu>ych^,  It  is  a  proper  question^  Bat 
however,  it  they  do  not  like  it  in  those  words, 
we  will  put  it  into  aooiher  form.  VVhether 
there  was  any  discourse  about  thi^  prolil>i  ol  the 
office? — Ki/nas«m.  I  don't  rifmeaibi-i  u. 

Mr.  Luiuy(h€,  W^as  U»ere  aoy  discourac 
about  youi  bi^nt;  recotHmended  hy  any  one  f 

Kynaston,    I  t^dd  litni    1  had  the  honour  ta 
l*e  known  to  llie  bte  lord  Bndtord,  and  desired 
to  know  wheiher  his  recommeudatioo  mi^ht  ba 
'  necessanr. 

I      Mr-  Wett.   What  reason  did  tbey  ^iva  y^a 
I  why  it  was  the  best  office? 

kytttuton.    Because  it  was  the  senior  offic 
and  had  most  catises  in  il. 

Sir  Wm.  Sukklmd*  I  dasire  to  know  w^i 


4 
I 


4 

4 


I 


839] 


10  GEORGE  L 


Trial  (fthe  EnH  «if  Macdexfield^ 


snsirerMr,  Cottingham  ffftve  him»  when  he 
aid  he  believed  he  might  obtain  that  nobte 
lord^s  rect*ttimendation  ? 

Kynaston,  I  don't  remember  any  he  made, 
Wfr.  Plttmmcr,     Whcthei*  nny  objection  wsf? 
I  ftiade  by  him  to  the  price  ;   upon  hit  crbmiDj^ 
Into  the  office,  by  reasoa  of  «ny  deficiency  in 
'  I>ormer*s  office? 

Serj.  Probytr   That  question  is  Uahle  to  the 

[  ffame  objection  that  \vai  made  to  the  former ;  it 

jg  loo  Ipailing-. 

Sol*  0fn.    It  is  a  fair  qtiestloD^  whether  any 

^  Hbjection  wa^  niaile  by  hrm,  on  account  of  the 

[  deficiency  of  Dormer's  office  ? 

Kynaston,  I  mentioned  this  to  Mr.  Rogers  ; 
i  be  made  httlc  ot  it ;  I  mentioned  it  afterwards 
f%o  Mr,  Cottingham  ;  he  too  seemed  to  make 
'  liVhl  i>r  it,  and  said  it  would  be  made  np :  so 
[  that  I  apprehended  it  would  he  of  no  great 
I  eonseauencie. 

Serj.  P&ngelfy.  What  reason  did  he  gi?e, 
%hy  he  thought  his  adinbsionto  the  office  was 
not  Morth  1,500^? 

Kynnston,  I  donU  know  that  1  mentioned 
I  ftny  thio^. 

Mr*  Lut^che*  In  what  manner  was  the  tno- 
I  ^v  paid  P 

htij.  Probyn,  1  desire  he  may  lie  asked, 
f  whether  he  had  any  discourse  with  Mr  Ro* 
'  gers,  ihe  former  Mister,  about  the  value  of  this 
,  0j9ice,  hefoTt*  h**  «poke  with  Mr.  Cottinghain  F 
Kynottoji.  Yes. 

Serj  Prvbyn.  How  much  did  he  say  it  was 
Ifporlh? 

K^ntsiton.  lie  gaid  be  usually  made  IJOO/. 
ift  year  of  the  office,  and  sometimes  3,000/.  a 
Vyear. 

Serj.  Prob^n.  1  desire  he  rtiny  be  asked, 
[%hat  Slim  of  money  he  irnve  Mr.  Rogers  for  hi^ 

place  ?^  Kynaston.  6,000/. 
I      Dr.  Sayer,     I  desire  ihi»  ijentleman  may  he 
'Asked,  at  what  time  he  paid  Mr.  Coifm^ham 
litis  1,500  guineas;   whether  it  was  before  or 
after  his  admission  ? 

Kyu(uton.  Betbre  ;  I  beltere  it  was  the  8th 
[#r  9ih  of  August,  in  the  mominfir. 

Serj.  Prohyn.    I  desire  this  further  question, 
ihetherhe  paid  it  out  of  Ihe  suitors'  money,  or 
I  out  of  effects  of  his  own  ? 

Kyntuton,  ft  could  not  be  paid  nut  of  the 
[fUltors'  money,  for  I  was  n^t  then  admitted, 

I  Com,  Serj,  Wticther  Mr.  Baily,  or  any  tjody 
i€lse  concerned  in  neg^ciatinpf  this  affair,  gave 
Imny  account  of  your  substance  and  ability  P 

Kynmton,  No  ;  f  believe  nf)l, 

Mr.  Lutwi/che.  If  the  gentlemen  have  done, 

I I  bef^  leave  to  ask  him  one  question,  and  it  is  in 
I  fetation  to  what  he  was  examined  lo  first:  be 
I  laid  there  was  a  disconrsp,  that  the  office  was 
( worth  IJOO/.  or  2,000/.  a  year,  Now,  my 
|tords«  !  would  ask  tiim,  how  it  was  Mr.  Ky- 
I  Bastou  apprehended  lhe*;e  great  annual  profits 
tdid  arise?  Whether  bv  the  ordinary  profits  of 
I  the  office,  or  the  making  use  of  the  suitors* 
llboney  ? 

Kynaston,  1  understood  it  of  both  tofrelher. 
Jfr*  Lutu^che,  There  bath  been  onc^nesttoQ 


Ml' 

i 


asket),  as  if  there  was  no  colour  to  my  this  mo- 
ney was  paid  out  of  the  «f.»t'»^^*  .,w.»..,y  ^  Votl 
would  beg  leave  to  ask  .  i  tft  « 

plain  that  ■    I  think  BJi    u  ,  - 
the  money  paid  for  him  by  Mr.  I 
out  of  the  suitors*  money,  becanvr 
then  admitted  ;   but  I  would  ask,  kow  it  wtf 
repaid  or  replaced  P 

Kynaiton.    I  did  not  imasrioe,  when  [  ctoi 
to  town,  that  the  place  woufd  bare  come  mm 
much :  there  was  1,100/.  and  400/.  I 
of  a  gentleman,  one  Mr.  Rogfere,  at  T« 
bar  ;  and  1  afterwards  accompted  with  Irii 
that  money,  for  1  k**ptan  account  of  the 
of  the  Court  with  htm. 

f^r}.  Pcngelly.  Whatsumof  mooey 
ported  to  be  in  your  oifit^e,  and  to  go  Jtmg 
the  office  as  cash  ? 

Kynaston.     1    was  told   there   was 
^,000/. 

Com,  Serj^  J  desire  to  know  who  told  fii 

Kyna$ton.  Mr,  Rojfers. 

Lord  Lechmere.  When  the  l,10O/.  simI 
400/.  was  accompted  for  to  the  person  tbit 
lent  it,  if  I  did  underitrintl  him  ritjht,  he  «?• 
he  aecompted  for  it,  and  it  was  allowed  otil  «f 
the  suitors'  money, 

JTyno^/on.  Yes^  my  lords ^ the  money  lentatf 
to  pay  Mr.  Cottingham,  I  did  accompt  fbrtki 
money  out  of  the  money  belonetng-  to  1^ 
suitors  of  the  Court :  I  understood  it  was  mid 
to  do  so,  and  that  others  had  done  it. 

Lord  Lechmfre.  My  lords,  1  would  ask  III* 
another  quf'stion  :  1  think  Mr.  Kynasion  talll 
of  6,000/  l>ein£rpaid  by  hfm  to  bis  predcceaiofi 
r  would  be  jflad  to  know  in  what  manner  tbil 
was  paid,  and  nut  of  what  money  or  effecti? 

K^fHUiton,  My  lords,  when  [  treated  s^ 
Mr.  Rogrers,  he  mentioned  to  me  i«  hat  mamsf 
he  had  in  his  hands  belonging  to  the  office ; 
and  we  entered  into  articlfs  in  relation  to  ny 
paying  him  6,000/>  for  his  place  :  and  Mfhen  ■ 
came  up  to  town  in  order  to  take  the  off 
fore  I  went  to  my  Lord  CbanccUor's, 
him  a  bonil  for  6.000/.  This  was  the  9th.  iM 
on  the  12!h  he  delivered  me  up  the  bond,  sai 
paid  me  91.  in  money  ;  and  1  ^ve  him  a  li* 
ceipt  for  0.009/, 

E.  of56i#^rrf.  I  desire  he  would  exphas 
himself  on  that  part ;  where  he  says  be  gv« 
him  up  Ins  bond;  whether  he  reckoned  *  ~ 
6,000/.  so  murh  short  of  the  suitors*  money 

Kt/nastofi,  Yes,  my  lords,  tdid. 

E.  of  Mficcfesfieid.  My  lords,  I 
may  he  asketl  thi<i  question;  he  speaks 
gentleman  that  paid  him  1,100/.  part  of  the 
1  500  ^u  in  pas ;  I  ilesire  he  may  be  asked, 
Whether  that  (BTpmlemin  had  any,  wd  whsl 
money  of  his  tn  his  hands  ? 

Mmaiton.  Mv  lord*,  I  had  money  m  tktl 
gentle n»ttn*s  band^^  t  when  1  Itveii  in  tne  coun- 
try ^  be  used  lo  receive  money  for  me  in  lof^Oi 
on  j^overnmeni  securities,  and  other  occasioa^ 
and  pay  as  I  ili reeled  :  there  was  an  aocoiiil 
current  between  us,  and  I  did  not  iImq  pi^ 
cisely  kiioiv  what  balance  was  then  III  Wj 
hAuds ;    but  1  have  cast  it  up  since^  iod  W 


t  begirs 

EonedA^ 

lOneyf^H 

^aksaflH 


Jir  WgJt  Crimex  and  Mtxdemeakors^ 


A.  D.  1755. 


tber^  was  about  300/.  or  400/.  due  la  me 
\%Utkt  time. 

of  MaccUifield,  If  I  apjirphfnd  him 
III,  he  iiays  he  bad  an  accompt  cnrreoi  with 
I  g«uUeiDai»  at  that  time,  and  kept  caab  with 

E'viiAifoa.  He  aied  tn  r€<ceiTe  and  |i9y 
aev  ♦i^r  roe  w  h«^n  1  was  m  the  country. 
S,  'of  M'icdttfidd,  I  beg  leave  to  ask  one 
ytioii  tiiorff  tt  Mr.  Kynaston  did  uot  af)er> 
»%rda  kef^p,  wtih  that  frentieman,  the  cash 
I  anitorv,  aa  weil  aa  hia  own  cash,  promta> 
^  p? 

^071.     Yet* 
Strkkhnd,    When  were  the  1^500 
^paid.' 

§ton.  On  the  8th  the  1,500  ^meas 
lid^  and  ou  the  9th  I  waa  admitted. 
►  Ftngcllif,    We  don't  now  proceed  to 
» reUttn^iT  to  the  manner  of  payment  for 
I  out  of  the  suitors^  money,  because 
fill  he  a  difilinct  examination  as  to  that, 
toother  article ;  the  qaeiiioo  being  only 
'Ve  aum  paid  for  the  admission,  and  not 
thAl money,  which  we  donH  enter  into 
nt* 
FXu/vycAe.  My  tords,  we  think  it  neces- 
I  mention  this,  becatise  otherwise  it  will 
\  up  a  |rreaideal  of  your  lordshipa*  time  un* 
irily»  and  it  will  be  proper  to  keep  the 
tnce  entire;    and  therefore  we  hope   the 
ori  the  other  aide  shull  be  confined  to 
aoch  quciitions  only  as  are  proper  to  the 
Vte  they  are  upon.    My  lor^s,  we  deaire 
Ir.  (JhaHea  Baily  may  be  €allc<]. 

Mr.  Char  Us  Bailj/  sworn. 

^i«j*  Pengttfy.  My  lords,  I  desire  he  may  !ie 
',  Whr?*    -  *        lid  any  money,  and  what 
B,iii  Mr.  f II,  and  when  ? 

^Ba%,    Mv   ^  ,  *i  d;iy  or  two  before  Mr. 

on  wiu  admiued,  1  paid  1,500  guineas^ 
ii  ffiTcn  for  hiM  adiniasion.     I  dcJi- 
It  mg  to  Mr.  Col  ting  ham. 
^^PingeUjt*  For  what  iii*e  waa  it  paid  ? 
'Tkiify,    I  apprehend  it  was  for  the  use  of 
f  LoVd  Chancellor, 
ir.  ijaiwycke     Vmn  what  account  f 

For  hit  ailmissioD  to  the  ofiice,  on 

ei^'i  lurrendi  r. 

['P^fitUy,  I  think  he  tayt  it  wai  patd  n 

r  t  «►  he  was  admitted. 

t|i  lund,   Dcfore  the  payment  of 

\  diaeourve  wat  there  betweea 

ii^bam  f 
'requested  by  Mr.  Kynaston 
Mr.  Cottinijhttm,  to  know  nhnt  was 
i^  and  Mr.  Cottinf^ham  told  me  1,500 
Viii  rvp«<He<l  to  be  paid,  as  a  sum  for 
Dii'a  udfinaMion. 
'Pen^flii/,    If  rbe  inufiacl  for  the  tiobte 
Vi  atk  thii  witiic^H  any  thing;,  we  beg 
>  til  call  anolber  witnest. 
C«i.  Stfj,  There  are  scireral  loatleni  we  ap- 
Mieml  proper  u>  be  aiiknl  novir,  and  yet  may 
I  — 1--  ,1^^  jjji^^j   Article.     Whether  it  is 
pkatura  thai  we  ibftU  a(»w  Mk 


Mr.  fiail^^  at  to  the  circnmstances  aiNl  eYimc* 
ler  of  Mr.  Kynai^ton  ? 

Mr.  Lutrtyyche  My  lords,  there  it  anexpreae 
Article  to  that  point ;  ^  heretbre  when  we  come 
to  that,  then  is  the  time. 

8erj  Prohyn.  One  question  may  be  proper 
to  be  asked  before  ihia{||^entleman  i^ocs,  and  tttat 
it,  WhHher,  u  ben  Mr.  Ctitiin^iiaiii  told  hitii 
what  waa  exjierteil  ou  his  admisHioo,  he  told 
Mr,  Ry  tia>t.on  of  it  ? 

Builjf.  Vfs,  Sir ;  I  told  Mr.  K^nastoD  thai 
1.500  |fmoe«t  was  expected. 

8erj.  Probi/n  Then  f  deaire  he  may  be 
asked,  Whetlier  Mr.  Kynattoii  itid  not  ini me- 
diately consent  to  give  it,  or  what  did  Mr.  Ky- 
na«t  »n  aay  ? 

Buit^.  Mr.  KynaatoQ  aaid  he  must  submit 
to  it,  and  ilo  as  Mr.  Cottiaghato  had  mentioned, 
or  to  that  purpose. 

Serj.  PengcUtf.  Whether  Mr.  Kynaston  in- 
formed him  of  offering  bim  any  le&s  sum,  and 
what? 

Baiti/^  Mr.  Kynaston  mentioned  to  me  thai 
be  thought  it  had  beeu  hut  t,500/. 

E.  of  Maccltsjidd,  How  came  Mr.  Baily  t» 
know  it  was  guineas  ? 

i^at/y.  Hecaiifie  Mr.  Cottingham  told  meao, 

Mr.  Cottingham  called,  but  did  not  imnie- 
dietely  appear. 

Kerj.  Pengeify.  My  lords,  we  are  unwilling 
to  give  yonr  lordships  trouble,  only  beg  leave 
to  take  notice,  that  Mr.  Cottingham  was  aecre- 
tary  to  the  lord  inipeaehe*!^  during  the  whole 
course  of  his  ad  mi  oift  ration  ;  lie  is  nut  imme- 
diutely  under  Iht-  power  of  the  Man»igen*,  but 
lie  is  underihe  obhgaiion  of  a  RUfutuous,  and 
had  notice  to  attend. 

Mr.  Cottingham  appears* 

Serj.  Pengciiy,  Hy  loids,  we  desire  he  may 
be  6 worn. 

Mr.  C(>ttingham  sworn. 

Serj.  PfMgtlljf.  My  lord»,  we  bt-jf  leave  to 
ask  Mr.  Cottingham  this  question  :  The  money 
I  hat  he  received  fn^m  Mr,  Charles  H^ily,  whe- 
ther he  paid  it  over  to  the  late  Lord  Cliancellor, 
and  when  t 

Cot  ting/mm.  The  money  which  t  received 
from  Mr.  Charles  Baity,  the  1,500  guiiteat,  I 
paid  it  to  my  lonl  it^  a  day  or  two  1  believe ;  I 
beheve  the  next  day  :  it  was  very  toon  after  I 
t«cet%'ed  itfrotu  Mr,  Baily, 

8er].  Pfn^'c//y  Whether  he  acquainted  the 
earl  of  Alacclc^'i^^M  tliat  he  had  received  it 
ujiiin  Mr,  Kyua*ton*a  admission  ? 

C''-^'  '"  Yes,  my  lords,  I  told  the  eart 
of  >1  1  that  Mr.   B»il)'  hutl   paid   me 

the  Ui...   ,,     \  the  direction  of  Mr.  Kynaston^ 

8er|.  PcTigeiiy.  Hc»w  long  was  that  before 
Mr«  Kynnstoo  wm  admitted  f 

Cottingham*  I  can't  say  jualy  the  time,  it 
might  [if*  two  or  three  da^  !r.  There  was  a  day 
appoiittrd  for  the  Admission  of  Mr.  Kynaston^ 
but  somelhin)^  happened  that  he  could  not  be_ 
miloiilled  that  day. 


Trial  of  the  Earl  of  Macd^tfield, 


[8M 


I 


P 
I 

I 


tofd 


Sir  R^.  Slrt^itAifif^.  My  lords,  I  desire  to 
ik  tbii  witness  one  question :  at  tKftt  time, 
whettier  Mi\  Cot(intrii*m  can  reentlect  liimsetf. 
if  Mr.  Kyoafitofi  did  not  make  ao  objeciiao  of 
the  great  deficiency  ibiit  hud  bappened  ia 
Dormer^n  o^oe. 

Ct-Uttn^kam.  Up«Ni  the  oatk  tliat  I  btrt 
lakeu,  be  did  nnt. 

Hit  Wm,  StrUkhnd,  I  desire  ftnollier  ques- 
tioQ,  whether  he  did  not  tvH  Air,  Kyaa^lon  that 
lb  is  was  m\e  of  tbe  Ue«t  ofiicea  c* 

Dr.  Sttyer.  My  b»r<(«,  I  ask  yaur  pardons ; 
I  Kppe  ibey  shall  Im*  contioed  to  tbe  ^neral 
^ueKtioo,    what   wai  gaid,    and  not  to  pa^ta- 

Kir  Wm.  Sttkkhnd,  What  was  said  in  re- 
ktion  to  ihA  fifoodn^aa  of  the  office. 

Cottingham.  I  did  say  befare  the  boaourable 
committee,  that  wheu  he  agreed  to  give  the 
1«600  ifyitif ia«  I  told  him  that  he  bad  par- 
ebftsed  a  very  good  otficp ;  and  i  did  say»  tliat 
there  wan  a  great  deal  of  hiiaineas  in  it ;  but  I 
oever  knew  what  money  was  in  rbe  office ; 
DC»r  do  I  knoiv  it  tn  this  day.  I  own  I  did 
before  the  honourable  committee,  that  I 
him  be  had  purchased  a  good  oBice  ? 

Serj.  Perigeli*/,  Whether  *ra»  ihiv  b^ure  or 
after  tbe  agreemeoi  made  with  Mr.  Rynaston  ? 

Cottingham.  I  think  at  the  same  time  ;  jn^it 
after  we  had  settled  the  eompUnu'ot  to  be  paid 
io  my  lord  Macrlenfi^tdi  I  told  biifi  he  had 
pure  based  au  ofiice  ivitb  very  good  bujiiioi^ia 
init- 

Be rj.  Probi/n.  1  deaire  one  qiitalicMI  more  ; 
whether  he  remefttb«ra  that  there  was  any 
iDeiilioQ  made  ^f  1,000/.  or  1,000  ^neas  by 
Mr,  IkynaOon? 

Cottingham,  No,  1  remember  nothing  of  it. 
He  asked  me  what  my  lord  t^Kpected;  1  told 
htm  what  my  lord  had  from  tbe  precedioc^ 
Masteni,  be  e]Li>ecled  the  same  from  him  i  1 
DCTCT  heard  a  word  of  1»000/.  or  LOOO  j{ni- 
neas,  nor  knew  nfithin*^  at  all  of  it,  I  have 
given  yon  the  best  ncconnt  I  Cfkn  as  to  the  fact 
Ihat  happened  rdiiliog' to  tbe  agreement:  Mr. 
Bttily  in«y  rvnwmttcr  more  of  it;  tbe  fact  ia 
above  four  years  a^''o. 

Serj.  Fengeilj/,  My  lords^  we  oow  beg  leave 
to  prfjceed  to  the  8ixth  Article,  reiatlinj  to 
Mr,  Thniuan  Uennet,  urbo  was  admitted  tbe 
first  of  June  17 ^S. 

Mr.  Thomas  Mcnnet  a  worn  before. 

Seri,  Peugftty,    My  lords,  we  desire  that 

Sfr.  Bt-nnet  may  |five  an  acct^unt  to  your  lord- 
lipa  when  he  waa  adit*itt«%SiJ.^  ^nd  upoa  wbai 
bar^>rin  ?  CJiw  an  account  of  tK?  wholt  treaty. 
Tho.  Bf Uriel.  I  wjn»  fldmilted  the  lat  of 
June,  ljii'*i  ;  and  before  my  adnuHgjon,  and  aa 
aixm  as  t  hod  aiifr^pd  with  Mr.  Hiccocks  my 
predecefi^or*  )  H(*pli<'d  to  Mr.  (Jottinj^hiiiu.  and 
dcHirni  ItiMi,  ilmt  he  woiihl  aequaiat  my  Lord 
Chiitic^'llitr  I  hiid  nifr^eil  wiih  Mr.  Utccocketo 
«uco4L*d  h»tn  in  hi^  nthre,  and  desired  him  10 
let  me  know  my  Lofl  Chaneellcir^a  ihoujfbis, 
wlielhf.r  be  approved  of  me  io  aucceetl  JJIr. 
Uiccocks.    Soou  after  that,  I  belie  re  tlie  oej£t 


day,  or  a  day  atler,  be  met  iiit«  iud  lold  ma 
he  had  acquainted  my  lord  with  tliir  mcaiacf 
I  sent;  be  said  my  lord  eirpreMcd  Ki(u»elf 
with  a  great  deal  of  respect  fisr  my  fiObarf 
Mr*  Serjeant  Beimet,  aod  thai  iie  was  gHd  tit' 
tbia  opportanily  to  do  me  a  fav4»ur  and 
nes8f  and  be  bad  no  otij^ctton  io  tbe 
me  ;  that  wa&  tbe  anawer  Mr.  Cotlia 
tutted  ;  be  itien  mentioned  Utere  waa  1 
i^ent  expected,  and  be  did  not  doubl  but  1 1 
that  i  I  answeretL  I  bad  beain)  there  waa,  j 
I  waa  williftjj:  to  do  what  waa  usual ;  1 1 
to  know  what  it  wus  that  was  expeoied,  til 
what  would  he  expt^ted  ;  b^^  snid  be  wwU 
name  no  9uiti,  and  be  bad  tbe  less  reaiia  e 
name  a  sum  lo  tue^  iiecaujie  1  had  a  bfvi^i 
Master,  ami  I  wj^  well  acquainted  witlt  Nr. 
Godfrey  w^ho  had  recommended  ii>^,  ladl 
ID igfbt  apply  to  them,  and  tbey  would  t*^) at 
what  w  as  proper  for  me  to  oder.  1  loJd  li 
upon  thatoeoasioo  1  would  oonault  my 
ther  and  Mr.  Goil^rey  ;  accordingly  I  ihd,i 
1  returned  lo  Mr.  Cotliagliarvi,  and  tnM  I 
I  Had  talked  with  them  abuut  iu  and 
opinion  was  a  thousand  pounds  (but  I 
1  said,  1  would  not  stand  fi)r  gutneisl  ^ 
suflicient  (or  me  to  ofler,  Uiion  thi«  Mr.  Oa* 
tin^bam  shook  bta  bead,  ana  aaid,  Tbai  w«e\ 
do,  Mr.  Bennet,  you  muat  be  better  odwiaJ ; 
why,  ftuifl  [,  won't  titat  dii^  1  Ibjfilc  il  ia  a 
nMa  present  r  aayb  be,  a  fretl  detl 
baa  been  given  :  aaya,  I,  f  am  aurt 
tber  did  not  give  &o  much,  nor  B 
frey ;  and  those  persona  you  adv 
fo  toQsult  with,  told  me  it  was  euflieient,  ml 
I  f  test  re  you  to  acquaint  my  lord  ^ilb  th« 
pro|M>9al :  say  a  be,  I  doft't  care  to  i*o  ivitli 
that  proposal*  you  niAy  find  !»iimef>od y  e4ie  to 
go:  says  I,  1  don U  know  whom  i  ~ 

says  he  further,  Sure  Mr*  Bennr ' 
goto  lower  the  price,  (ibeae  were  inw 
words,  at  least  t  am  aure  tbat  wan  tbe  nu 
of  them)  I  can  assure  you  Mr.  liya 
gave  1,500  guioeaa.  J  eatd  that  waa  abaft 
three  or  four  yeara  atfo,  atr*  — t^--  *Hitti0t 
tJiere  have  been  several  oi^ca  weriaf 

the  prices;  the  fall  of  st4Kk  K    i-   -  u,redtli# 
value  of  tuoiiey;    aud   I   thuik   I  meutieof^ 
Dormer'a  deficiency,  and  1  did  not  knoir  i 
thf:  canscfpience  of  that  mi^-ht  be  ;  and  tbe 
fore  f  tJtuugbt,  at  this  lime  td'  du  y,  ^^  beo  i 
and  every  thing  was  fat  ten »  n  ^'Uin 

waa  more  now  tiian  1,.SOO  wj*.  .^  ^  na 

gave  it.     He  still  iosiated  be  ilal  not  carej 
go  with  that  message.    Saya  I,  Only 
my  lord  with  it,  and  if  my  lord  ii^stt^ 
more,  1  will  consider  of  it :  «iayi»  be* '' 
t\o  ha^^tutg  with  my  lord,  if  you  r9(\ 
don't  know   the   caitsfi;|uence,  be  txiaj 
it  BO  far,  ns  not  to  admit  you  at  all, 
tnay  ln$e  itje  olBce.    Then   t   bi^^ii   D 
sider,  niid  wnh  loJb  t4i  lo»e  tbe  odie49,  uod 
him  I   ivonld  «/ive  l.MMi/.  be  aaid  Mr 
naston  bad    gtven   emiifa».     Tll^•M    1 
whelUer  it  mujit  be  in  gold  ?  He  s  il 


you 


wUl, 


it  he 


gUMieti 


hi 


afWr  be  ^me  aod  iold  mti  tliat  my  loni  i^ 


f<^  High  Crimes  and  MisdmetH^i^ 


A,0.  1725. 


[86S 


Bsed  to  ioce^t  of  me,  aoi)  be  sbouM  admil 

as   soiii]  as  0)1  port ti 111 ty  serred,   nod  he 

uM  gi^e  ine  no i Ice.     He  accord ini>:1>'  gives 

tioiice  about  (be  latter  end  of  May ;  lie 

die  my  lord  bail  tixed  a  day  for  my  ad- 

»sion»   and  my   father  and  I   went  to   my 

liiHiiher  Ben  net's,  and  took  him    up    by  the 

»y,  in  order  to  ]iay  our  respects  to  my  lord 

I  that  occasion.    We  hud  tioi  bet'o  there  ioug^ 

[  there  \v<is  a  message  broiig^hi  to  my  hoo&e, 

[  let  itie  know  tbut  oiy  (urd  w&a  very  dl,  and 

leould  not  be  admitted  ;  liut  I  shoubl  know 

^m   httle  time  wbro  I  should :  upon  that  I 

Mr,  Coiiing'haru  afters ards,  and  I  »«ked 

bow  my  lord   diil,  and  \*heri  1  bbotild  be 

aitted:  vays   hl^,  I  can't  fix  the  diiy  ;  but 

I  in  a  read  mess,  and  f  filial  I  sen* I   tor  you. 

ordinply,  onthe  Uiof  June,  1723»  he  sent, 

I  desireil  me  to  cnme  ifiiuoMjiately,  and  to 

nlone,  and  hrto^  nobiidy  uitb  me^  for 

lord    won  hi   swfar   me  In  iliat   moiuinii*. 

cordin^ly,  I  wenl^  and  the  ^rmt question  Mr. 

ittioghum  asked  me  was^  d'  1  bad  broog^bt 

i  inori»*y  ?   I  i"'d  bim,  to  iie  sure  I  should  not 

line  >%ithotit  d.     Ife  Asked   what  it  »as  in? 

ohi  bim  ill  Btink  bilU,  two  Bunk  bills,  i*ne  of 

Ot.  and  I  he  other  675/.   He  took  them  up. 

carrifil  th^'Oi   to  uiy    lonl :    be   returned 

ck,  and  told  nw  my  lord  ua*  ready  to  ail  mil 

I  was  cAn  ied  up  staira,  aud  tlieD  «wuru 

^bia  brUehaiuber. 

rSerj.  Potgclltf.  My  lonk,  I  desire,  if  h€  can 

ember,   he  t»^y  he  ask*'il  in    what  nuuie 

notes  VT»re  madif  [myubte,  or  in  what 

aimer  it>py  vvrre  mnik  ? 

TAo.  BcnneL  J  cauiiot  remember  the  tittDries 

notes   were   made  pJi^able  to,  they  were 

Dtfor  trum  the  Bonk  lor  tbi»  pur}K)se ;  but  f 

dieve  they  were  If ijjfned  names, 

t&erj.  Pengeiiy.  I  d*  sire  he  may  he  asked, 

Tiy  be  ihmks  ihey  were  feigned   names^  and 

what    rt'at»on    the    notes  were  taken    in 

I  names  ? 
tho.  Bennct,  The  reanoti  wat,  because!  did 
think   it  proper  to  take  them  out  iu  the 
Ion  1*8  name,  nor  in  my  own  ntime, 
[l$en,  Pcngdfj/.  My  lor*l»,   1   desire  he  may 
I  uked,  ot   whom  he  rei^eived  thn«K2   Bank 
;  whetlier  tbey  were  bis  own,  or  wbeiber 
I  borrowed  them  ? 

Tho.  Ben  net.    1  borrowed  a  drafl  upon  the 

_jik  of  my  brother;  he  ke|it  bis  ca^ii  at  ihe 

auk,  and  lie  g^ve  me  a  dratt  upon  the  Bank^ 

i  fienX  to  ttie  Bank,  and  ordered  the  notes 

ibe  made  out  in  fVig-ned  names. 

,  Serj,  Pcngelttf,    1  desire  he   mav  be  asked, 

ihetber  by  biii  brother,  be  means  his  brother, 

s  Majiier  f 

Thif,  Btnntt,  Yes,  my  brother,  the  l^fastcr* 
[Sen,  Pengetiy.    And  where  did  be  keep  his 

Tho.  Bennet.  Ue  kept  bis  cajih  at  the  Bank. 

Serj.  Ptngf'lly,  I  desire  Mr.  Beonet  tnay 
jifonn  your  lordships,  nhat  conversation  he 
ly^l  with  my  lord  ^lacclesfielU  when  he  was 

V^T^o.  Bennet.    1  bid  uo  ^arexsatioD  with 


him  before  I  was  sworo.  At  that  time  my 
Kurd  was  in  bed,  and  as  soon  as  I  was  sworn  iq 
my  lord  called  rae  to  Jam,  shook  me  by  th 
band,  and  wished  me  joy,  aod  said  he  bad 
respect  for  my  father,  Serjeant  Bennet,  bis  old 
friend  and  acquaintance,  and  the  family  ;  and» 
said  he,  You  are  sworn  in  by  a  dyiDji*  chan- 
cellor, 1  told  him,  I  hoped  Inn  lordithip  would 
lire  a  great  many  years. 

Serj.  Pengeliy.    I  dasire  Mr.  Cotungliatu 
imiy  be  called. 

Mr*  Cottingfutm  called,  and  appeared. 

Se»3*  Pengeily.  My  lords,  f  deisire  Mr.  Co^ 
tio|;ham  may  be  sf^ked,  to  whom  he  paid  thol 
1.50O  guineas  which    be  received   from  MtT 
Thomas  Bennet  ? 

CQttingham,  \  paid  ittolbeear)  ofMaodes^ 
field.  ^ 

Serj,  Ptngtfltf,    IVhetber  he  carried  it 
mediately  or  not,  or  at  what  time  ? 

Cottmgham,  Mr.  Bennet  brought  it  to  m^ 
as  I  remember,  in  a  Bank  note  of  1,500  guinea 
and  [  gave  it  to  my  lord. 

Serj.  Ptngelty.  Whether  Ibis  was  done  itd 
raetl lately  alter  you  received  it  ? 

Ctiftingham,     Yes,  my  lords,  iminetliately,.' 

Serj .  P£  ngeUy  T  hat  is  a  1 1 «  e  ask .  .'^  T  y  1  ord  s, 
we  only  be^  leave  to  i^bserve  one  thing  that 
arises  from  the  ausw^r  of  tbe  lord  impeaclied  to 
tbe^  two  Articles,  which  is,  that  afterwards, 
and  before  the  lmpea<  bment,  he  did  deliver  the 
present  so  nent  to  bim  by  the  said  William 
Ryoaston,  heintr  1,575^  and  abo  the  present 
so  sent  to  him  by  the  said  Thomas  Bennet,  be- 
in^f  the  like  sum  of  1,575/,  into  the  Court  of 
Cbancerv  in  opeu  court,  &cc» 

8erj,  Probyn,    My  loT'ls,  we  desire  that  Mr. 

Cottinghiim  may  be  asketi  one  que?i(ion,  what 

couversaiion  there  wos  between  him  and  Mr. 

Bfunet,  concerniu^  the  payment  of  this  1,500 

:  guiueas  f 

I  CiHtifigham,  Mr,  Bentiet  told  me,  that  be 
I  had  a^iei'd  with  Mr.  Hiecocks  for  the  sur- 
retnier  of  bis  office.  He  told  mc  he  was  a  per- 
son known  to  the  £arl ;  but  if  he  waiitc>d  a  fur* 
ther  characler,  bis  Ibther,  sir  John  Betmet^ 
and  his  broiber,  would  uive  bim  a  foitl»er  cha- 
racter. I  aecpiainled  the  Earl ;  his  lordship 
told  me  that  he  knew  Mr.  Bennet,  that  he  had 
a  goo<l  ciiaracter,  and  had  married  ;»  g-oud  for^ 
tune,  and  the  family  was  a  wealthy  lamily,  so 
tbiit  the  Earl  would  obh^e  bim,  and  admit  him. 
A  dny  was  appoinleil  to  admit  Mr.  Bennet; 
but  the  Earl  falling'  sick  brdbre  the  time  came 
that  be  was  to  be  aduiitled  ;  which  was,  t 
tliink,  ihe  la»it  day  of  Easter  teiiii,  1723,  it  was 
then  delayed ;  Mr*  Bennet  was  prodigious 
pres^ini^  to  have  it  done,  and  said  that  Mr.  Hie* 
cocks  refused  to  go  on  with  ariy  business  in 
the  office:  and  he  had  been  complimented 
Mpon  it,  the  family  knew  it,  and  he  was  lah  lo 
be  disappointed,  and  he  teiseed  loe  almost  out 
of  my  life ;  upon  tlmt,  I  promised  t^  sjieak  to 
the  Earl,  aud  as  soon  as  the  Earl  was  able  to 
do  busiucssi  it  was  done. 
Serj,   Probyn.    ff  jou  pletit  10  recollect 


I 


%7] 


10  GEORGE  r. 


Trial  of  the  Earl  of  Macdefuld, 


[fl 


yourself,  what  vt^  tfie  purtlciitiir  sum  Mr. 
Bennet  offVretl? — Cotdnghnm,  1,500 tftibeas, 
8erj.  Prob^n.  Ont  lie  (alk  of  any  \e^s  sum  ? 
Oiltingham.  Noi  a  farlbm^j  If^i  ;  1**?  asked 
me  wUni  wail  eicpcctetl ;  I  told  hiiii  the  sum 
Mr.  Kynasiou  h^d  pai<t,  which  was  1,500 
.g^uineas  ;  ami  he  it^ior  ofTt^reif  a  tarlhint^  lef^s. 

Serj,  Probjjn.  We  dt-tire,  Mr,  Cotlingh&in, 
that  you  wuulrt  recollect  yourself^  and  lell  us 
VhHher  he  ofTered  1,000  or  1,500  lyuineasi. 

Caiiiugham,  i  have  reeoHecterl,  and  what 
tie  offered  to  me  w.i^  1,50U  g^uineas,  and  I 
never  ht-afd  of  a  farliiitig  leaa  9  1  i*ever  beard 
a  word  of  1,000  gumeati. 

E.  of  Mac    If  yourloidshipii  pleaie,  T  desire 

Mr  CoUinghuni  iitay  tie  oKked,  what  condUton 

I  was  in,  iu  rested  U>  m\  heahh.M  that  time? 

Cottiiighom.  The  Earl  at  thnt  time  waa  very 

^  ill  I  [^Ir.  Bmnei  having'  pres^ied  tu  be  adinilteil 

'the  f\rit  itpimrtUDitv  ;   J   tbiitk  your  lordshtfi 

\  fell  ill  the  Ust  day  uf  Easter  term,  17 "^3,  aud  I 

^  tMeeti(i«jr  wiib  Dr,  ftlead,  the  doctor  Icild  me  the 

I^Eurl   was  in  so  dao^eraus  a  conditiou,  that  if 

'bis  dialerajjer  had  not  a  turn,  he  thought  he 

could   tint  live  '2i  huui-s.     The  doctor  and   f 

tPieut  aud  aujiped  10|feiher  ;  be  hid  me  to  be  at 

the  Enirs  next  morning :  I  raet  him  there,  aud 

lietohl  tne  the  earl's  distemper  bad  a  turn,  aud 

*  be  uiiifht  ^^et  over  it :   1  asked  the  doctor,  tell- 

[*iiig  hrm  there  wat  a  business  that  Mr.  Beanet 

♦presiifd  me  to  do,  if  it  would  beHafetorlbe 

Earl  til  tlo  it.     He  told  me,  if  it  did  not  admit 

[  ii\uch  thought  and  much  C4impany  it  mi^ht  be 

^done,     I  told  hira  it  would  nut  atlmit  imich 

^thought  i>r  company  ;  and  he  ^uid  ti  might  ba 

[<lone. 

E.  of  Mac.  IV  hat  was  the  occasioo  that  Mr. 
f  Beuof  t  was  desired  to  come  iiloue  P 

Cottin^am,    The  reason  was  upon  the  ac- 
l*eonnt  of  your  lordship's  indisposition  ;  and  for 
|*|hat  rea*on  I  neut  to  Mv.  Iliccocks  for  bis  sur- 
render, becaa!>e  my  lord  could  uul  aee  mud) 
pcompany. 

Mr.  Strange,  I  desire  to  a!»k  you,  upon 
1*11  hoae  i ni port ui lily  it  was  you  ai&ked'Dr,  Mead 
Inliis? 

Cottingham,  I  a^kcilit  my^fif ;  hut  it  wap, 
[^ecause  Mr.  Bennett  import une*l  mc  so  j  and 
remember  this  en cumstauce,  when  I  tventto 
bis  iiouse,  he  hati  sometbio^  of  the  jaundice, 
[*'DDd  looked  il|«  I  asked  him,  if  he  was  (it  In 
admitted  :  I  thought  Mr.  Dennett  would 
-pot  have  been  so  eager,  if  he  did  not  think  the 
p^arl  had  been  dying,  aud  that  then  be  would 
Hliaie  waited  longer. 

F  Mr.  P/um/ntr,  My  lords,  If  the  gentlemen 
Miafcdone,  I  desire  to  ask  onequrBtion  ;  whe- 
Ticf,  tin  occasion  of  these  Mailers*  places  being 
leant,  betook  di t eel ioos from  my  I^rd  Chun- 
tellor  to  set  a  pjice,  or  did  it  ol  his  own  head  ? 
CvUingham.  1  bad  no  directions  in  this  mat- 
fttf  ;  but  when  any  vacancy  or  abenaliou  hap- 
|^|iened,  and  they  asked  me  what  compbmeni  t 
thought  woold'be  acceptable,  I  told  th*  in  ibe 
lUiplimeot  that  had  l>eeo  before  matte*  I 
Bpoke  it  hs  my  own  opinion,  and  witlp»ut  any 
-mretflhiisfivm  the  Eiu:L 


Serj,  Pengelty,    f  desir«  be  may  be 
whether  ever  be  concluded  auy  bargata  iHtll 
any  of  these  Masters,  without  his  lord*i  a] 
batitm  ? — Cottinfiham,     No,  I  did  not. 

Mr.  Onsicm,   I  would  ask  Mr,  Cottitjgl 
one  question,  which,  1  think,  he  hath  not 
swered  ;  I  ask  w  bellicr  he  had  nnt»  ru 
directions  from  the  Lord  Chancellor, 
upon,   or  ask  any  particular  prices 
places, 

E.  of  Mac.  My  lords,  I  am  sorry  the  hwii* 
ed  gentlemen  do  not  observe  their  owj 
t  (Miiititng  their  examioatians  to  such 
they  go  upon,  those  tbey  have  a  rij 
to,   and  those  only  ;    therefore   wttfi 
sviLimission,  it  is  more  pi-oper  to  each 
where  they  charge  me  to  have  insisted  upt 
price,  to  a!ik  to  that  price,  than  to  ask  tkfe 
general   questions,  whether  1  did  ererdliiffl 
him  to  iosij^t  upon  any  price?  It  is  not  tbftf  I 
am  afraid  of  the  question  that  is  nut,  hn 
afraid  of  its  being  made  a  precedent  fc   _ 
your  lord&bips  a  great  deal  of  unncccsy^j 
truiihle. 

Mr.  Oml(m\  Thfs  is  proper  to  this  iXlidi* 
beiaitsea  it  chariots  the  Earl  with  insisting  Q>0a 
prices*  Therefore  I  desire  to  knoiv,  wDttaer 
the  Earl  did  ever  give  any  order  to  him  to  in* 
sist  upon  any  of  these  prices  1^  I  hope  the gffl- 
tleman  shall  answer  the  question. 

Mr.  Liitui/che.  We  apprehend  we  are  aysflo 
a  proper  questi<»n ;  on  tbe  oue  ^ide  wc  say  tbeit 
sums  were  insisted  upon,  aud  that  there  wUtA 
a^reemettt  made  for  them  ;  on  tlie  other  sidt 
the  noble  lonl  in  bis  Answer  snys,  tbey  wen 
presents,  viiibout  any  regard  to  any  agtw 
ment,  and  voluntary,  as  if  there  had  been  w 
bargain  at  all. 

Serj.  Pengtll^,  Mv  lords,  we  only  pi 
general  quciition,    wfiich  we 
from  Mr.  Cotlingliam's  ex  V 

ijinney  is  expected^  we  apprelMi.vj  n  i^  Uie 
as  insisting  upon  it :    therefore  wc  desire 
Cottinghammny  inform  \f"»r  )..i.|shi||i|^]|fi| 
he  insisted  irpon  any  of '  n  without^ 

rection  from  my  lord  >i  1 .  .  1  ; 

Cotting/taffi.  The  Blasters  proposed  tl 
5UIT1S  to  me,  to  make  such  a  ctimpbmeflt^ 
tu  my  lord,  and  1  acquaiirted  the  Earl  with 
it :  1  did  nothing  without  the  EarlN  apprtiijia* 
tion, 

StxyPtngelly.  I  desire  be  may  be  ai 
he  did  not  insist  on  those  prices  ? 

JSerj.  Prohjfn.  My  lords,  [  beg  the  qi 
may  be  confined  to  some  particular  A\ 
they  are  now  upon ;  for  as  tbey  are 
uprni  tivo  particular  Articles,  they  eaai 
according  to  the  rules  they  were 
tbemselvss  to  lay  down,  ask  any  queftWh 
but  what  relates  to  them !  we  tberelore  de« 
sire  they  may  confine  themselves  to  th«« 
two  An  ides.  As  to  any  question  they  propOM 
to  any  of  the  Articles  they  have  opened,  Iff 
them  be  as  general  as  they  wtU ;  but  we  de- 
sire titey  may  confine  tbeaisekes  to  tboac  Af* 
tides:  otberwiai:  one  qucjtion  may  iorolrf  lO 


fur  High  Crimes  and  Misdemeanors. 


A.  D.  1725* 


[870 


Seij.  PengcUy.    Wlietber  we  sbould  noiv 

^ik  to  Bennet  or  K>  tiastuuy  or  to  those  who 

HJMoe  afler,  \fc  are  under yuur  lordships*  direc- 

^km  :  but  we  desire  he  may  Iw  askeil.  wheiher 

from  the  direction  lie  received  from  the  earl  of 

Macclesfieid,  lie  did  not  iosist  ou  those  fnutns 

iVom  KjnastoB  and  Oeunet? 

Cottingham.  I  hare  told  you  that  tl>ey  had 
f oluntarily  agreed  of  tbeir  own  accord  to 
re  1,500  guinea!},  and  1  told  my  lord  Mnc- 
3eld  of  it. 

rj.  Pengell^.  I  desire  he  may  be  asked, 
bet  her  be  did  uot,  by  direction  of  my  Lord 
|iance]tor«  insist  upoQ  those  sums^  and  he 
Dtild  not  receif'e  under? 
Ci^ttingham,  J  did  not.  They  asked  me 
liail  thought  the  Earl  expected^  I  told  I  hem 
^uineaSf  as  [  mentiotied  before ;  they 
*  to  give  it,  aud  my  lord  said  he  would 
ke  it* 

[Serj,  Pengeliy.    At  the  lime  when  the  lord 

:c ieslie I u  agreed  I o  take  those  stuns,  whe- 

he  did  not  iotii^t  upcjo  the  full  of  itiose 

1 10  be  paid  ? 

CcHingkam,    Yed,   he  said  he  would  take 

ir-  Plummtr.  My  lord  Waeclesfield  Joes 

not  disown  in  his  Answer  the  accepting^  of  a 
preient  in  generiil ;  hut  avoids  sayiog  what 
%ixm  in  parltrular  he  accepted.  iHiercfore  I 
Aai  apt  to  tUitik  the  insiructions  the  t^ecrctnry 
"■  *^  might  belike  the  Answer:  so  i  hat  it  is 
/  proper  toa^k  whether  he  had  nut  general 
ructions,  that  when  any  Master^s  place  was 
C;tot«  or  like  to  be  TBcanl,  be  should  insist 

I  such  a  price  ? 
^Cciiinghum.    I  had   no  such  instruciions  r 
gentlemen  cnme  and  talked  to  ine^  aud 
|ifopoaed  io  nie  the  sum  they  were  willing  to 
>ei  and  1  hid  it  before  the  Earl :  £  had  no 
licular  io&tructiona. 

Ir.  PlumtHcr.  With  submlsHioo,  Mr.   Col- 
^haui  has  tiotaniiu'ered  the  question  ;  there- 
1   beg"  leave  tu  ask   him  furtbert  whether 
ihath   nut  *aid  elsewhere,  that  he  refeived 
jciilar  directiooft  from  niy  lord  Macclestietd 
l^tn&i^t  upon  such  a  »um  ^ 
Coltinghum.  I    cannot  say  but  I  have,  ind 
jroti  name  the  Masters,  1  catt  answer  more 
ticnlarly. 
r^ir  Wm.  Strukhifid.    I  would  ask  him  this 
sttoti^   whether  he   bus  not    directly  said, 
Dt  be  irunsdcted  nuue  ol  these  a^airs  without 
my  tord^s  direction  P 

CotttTi^'/wm,  1  own  it  I  have  said  sot  1  own 
jt  beftue  your  h»rd^hi{i^,  that  I  said  that  what 
^diil  li^'  J  Improved  ui\ 

K  ]  cksiktU,  I  desire  he  may  be  asked 

^li  11,  to  each  di>linct)y,  whether  f  so 

innch  ua  knew  any  thin^  of  the  matter  ag  to 

any  sum  offered  by  Mr.  Kynttston  or  Mr.  Ben- 

^^  till  he  told  TTie  the  whole  sura? 

^mO^ttingham.  No.  never « 

K^»  iii  Maccietficid,    Whether  T  had  any  dis- 

^■QfM  about  Air,  Kynaston  or  Ben  net  being 

admitted,  or  the  money  they  ^huuld  gire,  till 

\f  told  roe  they  would  give  me  l,5tM}  guineas  ? 


CottingJium,  No»  not  any  djMCour«e  :  1  told 
the  Earl  what  they  offeree  t,  and  he  ^tm  plea&e4 
to  accent  it. 

E.  Of  Maccttififld.  I  beij  leav?  he  may  be 
asked  ibis  other  question,  since  tli*'«e  gentle- 
men have  gone  now  into  that  n^atier^  w  bether 
he  did  not  tell  me^  lit  the  same  time  that  Mr. 
Kynaston  said  be  would  give  roe  1,500 guineas, 
that  he  likewise  snid,  if  ihat  was  not  authcient 
1  might  please  ray  self? 

Serj.  PengcUjf.  I  hope  the  q  nest  ion  may  be 
asked  in  general,  when  they  have  taken  Ubeity 
to  interrupt  the  Managers  for  asking  leading 
questions  ;  aitd  hope  bis  lordship  will  ask  no* 
thing  that  is  leading. 

K,  of  Macckijifid,  Then  I  desire  he  maj 
he  asked,  when  Mr.  Kynasion  offered  1.500 
guineas,  wliether  he  saitt  any  tbmg  concerning 
any  further  sum  F 

Cottingham  To  the  best  of  my  remembrance, 
I  speak  tt  doubtfully,  I  am  imt  certain  Mr. 
Kynaston  told  me,  if  the  1,500  guineatJ  wouhl 
not  satisfy  the  Karl,  lie  slundd  satisfy  himself, 

E.  of  MarctrsficU .  1  desire  to  know  cer- 
latoly,  VI bether  he  tidd  me  so? 

editing  ham,  f  am  sore  I  did. 

E.  of  Mucc/esfield,  What  did  I  say  thereon  ? 

Cottingham.  Your  lonlsbip  said  you  wi*uld 
take  1,500  guineas,  aud  you  would  take  no 
more. 

Mr.  Ptummer.  1  desire  to  ask  this  question, 
how  Mr.  Kynaslon  came  lo  otter  more,  oi  to 
think  (be  Earl  so  insatiable  thai  the  Earl  ex- 
pected more :  I  nsk  Mr.  Cottingham  ho*v  ho 
came  to  off^r  from  Mr.  Kynaston  more  than 
was  askeil  ? 

Cottingham,  I  told  you  what  my  lord  Mac- 
clesfield put  to  me.  I  certainly  tohl  him  so* 
But  as  to  what  Mr.  Kynaston  tidd  me,  that  I 
speak  doublfully  ;  it  is  a'  considerable  time  ago  9 
I  cannot  speak'it  pusitively,  I  sjieak  doubtfully, 
to  the  best  of  my  lemembrauce  it  was  so  :  1 
told  your  lordships  before, 

Serj.  Pengtltt/.  My  lords,  we  shall  not  trou- 
ble your  hinlships  with  calling  anymore  wit- 
ne^^es  on  this  Article,  when  it  appears  plainly, 
that  be  wus  entrusted  to  adjust  the  prices,  and 
whether  they  were  given  to  him  or  my  lord  is 
not  material.  As  to  this  Article,  and  the  Article 
relating  to  Mr,  Kynaston,  we  shall  lea\e  it  with 
this  o&ervution  ;  he  is  pleased  to  say  in  his 
Answer,  as  to  the  few  presents  received  fronn 
Mr.  Kynaston  and  Mr.  Bennet,  thathe the  said 
Eiirl  did  afterwards,  and  before  the  Impeach- 
ment, deliver  the  same  into  the  Court  of  Chan* 
eery,  in  open  Court.  All  that  we  beg  h*ave  te 
put' your  lordships  in  mind  of,  is,  that  from  \onr 
own  Journals  it  wilt  appear,  the  Itnpeacbmeni 
was  brought  up  here  the  nth  of  February, 
1724,  When  my  lord  comes  to  shew  at  wbal 
time  be  paifl  the  money,  we  apprehend  it  will 
be  ten  days  alWr.  The  nejtl  Article  relates  ta 
Mr,  FniQcia  Elde. 

Mr*  Elde  called. 

M r .  Lut tf^c he,  M  j  lords ,  vj  «i  i^tivtt vV\'\\.>\t  . 
Elde  may  be  va  tim,    \^^  wu  i^^\:<ix^\\is^^  ^ 


571]  10  GEORGE  L 

Mr.  Lutw^che,  My  lords,  fve  desire  Mr. 
£lde  may  he  asik^nl  when  it  was  he  was  ad  mil - 

lied  a  Master  in  Chancery  ? 

Eldc,  My  lords,  I  %v as  ui1  milt (»d  the  first  day 
r  Kebruary  last  was  twelvrniuiUh. 

Mr.  LuttcytfiCt  We  desire  he  may  be  asked, 
whether  he  ap^ilicd  in  t>er«oii  to  my  lord  Mac- 
ilesfield  io  be  admitted  into  this  office,  and  whe- 
lier  It  ^as  upon  death  or  re sifpiation  ? 

Eldc.  Upon  the  death  of  Mr.  VVilhnm  Fel- 
lowessome  of  my  frieiids  came  to  me,  tkud  put 
it  into  nay  ht-ad  tiiat  this  of&ce  might  he  a  prr>> 
per  office  ftir  nic,  and  1  look  some  lime  lo  con- 
stder  of  it.  1  haci  some  encouragement  at  the 
bar,  and  was  very  imwilhng  to  quit  it,  hut  after 
two  day's  consideration  I  went  lo  my  hird  bira- 
Velf ;  I  told  his  lordship  an  oBire  wns  liilleri  by 
the  deatli  of  Mr.  Fell  owes  ;  if  his  lordship 
ttiou^hl  me  a  proper  |»erson  ;  aod  I  should  be 
glad  to  haveiL  I  was  come  to  wait  upun  bim 
about  it.  His  hirdi^hip  said,  he  bad  no  mntinei- 
of  olij^cnoii  to  me,  he  had  knmvn  me  a  consi- 
deraMr-  imi',  and  he  belies  td  J  should  make  a 
giK>d  officer, 

Mr.  Lutuyche,  What  further  discourse  was 
there  ? 

E(de.  My  lord  at  that  lime  desired  me  fur- 
ther lo  cooMiler  of  It »  and  come  to  liim  ajj^ain  : 
and  so  I  tlid.  f  went  hack  froiri  his  lordship, 
and  I  came  a^ato  io  u  day  or  tuo,  I  believe  il 
was  the  ^econij  after  I  came  liack  flora  his  lord- 
ship, a^td  luld  him  I  had  cunsidered  of  it,  and 


destred  tii  know  if  bin  lordsliip  I  bought  ^1  to 
admit  utp;  and  I  would  make  him  a  present  of 
4  or  5,000/.  I  cannot  say  « Inch  of  the  two  i 
said,  but  I  believe  ii  was  5,000/. 

Mr.  Lulwychr,  WhatuoM^erdid  my  lord  re- 
turn, \\hen  ytm  made  him  (hat  proposal  ? 

E/de  My  lord  saiil.  Thee  and  l^or  you  and  I, 
ni)' lord  v^As  pleaiifil  to  treat  me  as  a  friend, 
tuuAi  not  make  buruiiins 

Mr.  Ltttwi/che,  My  lords,  wc  desire  he  may 
be  askeil}  witethcr  my  hmf  Macclesfield  saiil  in 
what  mantier  he  would  treat  wiih  him,  whe- 
ther in  a  more  beoeficia]  manner  tha a  anv  body 
else?  ^       - 

Eldc.  My  lord  Macclesfield  did  say,  that  if 
T  was  desirous  of  having  the  office,  he  would 
treat  wilh  me  in  a  different  manner  than  he 
would  with  any  man  living  ;  those  were  tlie 
1%'ords  my  lord  usidd,  lo  the  best  of  my  remem- 
brancH, 

^fj .  Petig^H^.  After  this  answer  of  my  lord 
Maculehfichl,  that  ihey  umst  not  make  bar- 
gains, H  h.it  further  application  did  he  make  ? 

Eldc.  i  maile  no  lurlher  application  at  all, 
hut  S]>i4e  lo  Mr*  Colthvgham,  meHing-  him  in 
West  ml  osier- hall,  and  lold  bim  1  had  been  at 
ray  lord's,  and  my  lurfl  was  pleased  to  speak 
very  kinilly  to  me,  anil  1  tiad  proposed  to  g^ive 
hitu  5,000/.  Mr. Cottin^ham  answered, Guineas 
are  hanil»omer. 

Mr.  Lutwifche*  We  desire  to  know  what 
he  paid,  and  in  what  manner,  and  tu  what 
tpecie  ? 

Eide,  My  lords,  I  paid  my  lord, — 1  cannot 
■ay  1  paid  it  iuuif  but  i  paid  5,000  guineas. 


Trial  of  the  Earl  ofMaccUtfieM^  [W8 

Mr.  Lutw^he,   In  what  mftniierr  WksM 

you  pay  if  lo  ? 

Serj.  Pengeiiy,  After  this  asrrrenic«il  with 
Mr.  Cottioifham  to  make  it   r^"  -s%  brm|f 

hand.^mer :    we  desire  he  i  n\  ytm 

lordships  what  he  did  pur^Ui»i^  ^^  ibis,  lad 
wha«  he  carried  with  him  ? 

Eld€,  Upon  this,  t  immediately  weot  ui  my 
lord's,  t  wa«  willini^  to  get  into  the  office  M 
soon  as  I  could.  I  di<l  carry  with  nie  5.000 
gnioeas  in  gold  and  Bank  notes  :  I  am  ooi  C0^ 
tain  whether  there  was3,000  guineaa  ingoUw 
two,  hot  1  thitk  there  was  lhr<»e,  and  the  fm» 
due  of  the  moocy  was  in  Bank  notes.  Ttol 
brouirht  to  my  lo'rd*s  house, 

Herj.  Ffngflff/,  My  lord^,  we  desire  Uwf 
be  asked,  what  they  were  put  into,  or  iafli 
they  were  carried  ? 

Elde.  I  b;id  the  money  in  my  chambers  1 
could  not  tell  hovr  to  conVey  it  :  it  was  a  gT« 
hnrtlien  and  wei;rhl ;  but  recoHpctiiii^  I  Wl 
basket  in  my  chamtier,  I  pot  the  ^niaeai  isi 
the  basket,  und  the  nole^  with  them  ;  I  weolft 
a  cliair  and  took  with  me  the  basket  is  Bf 
chair.  When  I  came  to  ray  lard*s  house  I  isw 
Mr.  CottioMfham  there,  and  I  gave  bim  tkt 
basket,  and  tjpsired  him  to  carry  it  up  tooiy  M* 

Serj.  Pen^eiiy.  What  answer  did  he  relunif 

Eldc,  \  sdw'him  go  up  stairs  with  the  bas- 
ket, and  w  heit  he  came  do wti  he  in ti mated  ti 
me  that  he  had  delivered  it 

Mr.  Lutuyche,  My  lords,  we  desire  he  may 
be  asked,  whether  he  acquainted  Mr*  Cotltl^^ 
ham  with  what  was  to  the  basket? 

Etde.  I  did  not, 

Serj    PeugcUy,  After  Mr.  Cotlinjrhi 
and  actpiamird  yru  he  haddelireretl  itie  bsskci^ 
how  looM^  ttfter  that  was  it  before  you  saw  mf 
lord  > 

Elde.  f  did  not  see  my  lord  after  that  till  I 
was  sworn  m. 

Serj.  Pefigeffy,  How  long;'  was  that  after? 

Elde.  I  cmnot  be  positive;  but  it  was  with- 
in a  day,  edlit^r  the  same  day,  or  if  not^  it  wis 
the  next  iUiy  after. 

8erj.  Pengdiy.  1  desire  he  may  be  askei 
when  My,  Cottingham  returned  down  stain, 
alter  the  delivery  of  the  basket,  what  he  saudta 
him  ab<iut  the  time  of  bis  hem gf  admilteii  P 

Etde,  i  do  not  remember  he  said  any  tkiag^ 
to  me  about  lay  being  adtnitted  :  i  took  that  for 
granted. 

Serj.  PengeMy.  And  when  he  was  admitied, 
whether  be  uas  admitted  in  the  eloaet,  or  i& 
what  room  ? 

Eide,    When  I  was  to  he  admitted,  my  lord 
invite*!  me  lo  dinner,  and  some  of  my  f-^'"^''*' 
with  me;  and  be  was  pleased  to  treat  n 
some  members  of  the  House  of  Commoi 
very  handsome  manner :    1  was  alter  di 
sworn  in  before  them. 

Sery  Pcngetly,     f  desire  to  nsk,  whether 
bad  itie  basket  again  ? 

Eide  Some  monlhs  after  I  spoke  to  OJ 
Jord*s  geiitleman,  and  desifed  him,  if  hessw 
such  a  basket,  that  be  would  give  it  me  back ; 
and  some  ticne  alter  he  did  so. 


>  Of     1 


J6r  High  Crimes  and  Misdememors* 


Serj,  Pengcli^.  Was  any  money  returned 
I  it  ? — Etde,  No,  my  lonb,  there  wag  not 
'  Mr.  Lutw^cke,  Tliere  is  one  tbing  m  the 
]*s  Answer,  that  be  retaiirerl  only  pari  of 
!  |>rf>si^iu  no  matle  hini  by  Mr  Elde,  I  iier- 
lite  the  g^f  tittemen  uf  the  other  side  do  not  ik%k 
py  questions  about  il  ?  H  they  do  aot|  we  shall 

^i^r  IVm  Strickhvd.     I  desire  to  know  what 

|r.  Cottin^bani  did  say,  after  be  bad  carried 

'  I  the  basket,  and  came  dovrp  &;:-am  ? 

[  Bidf.     To  the  best  ol"  niv  reinernbrance,  he 

Dotbin)(  lo  tiie,  bat  as  I  repealed  jt  before, 

iotimaieil  In  me  that  be  bad  delivered  il  to 

|l^  b>nJ  .Macclesfield,     1  eannoL say  as  to  any 

ticular  di^courae  j  but  1  understood  that  be 

1  dehvered  it. 

I  8erj,  Prnbj/n.     My  lords,  if  they  have  done 

Itli  31  r,  Klde,  1  uoutd  beg  lea  re  to  ask  btm 

»  queation,  and  that  b  in  reUtioii  to  what  tbe 

ehed  Earl  said  in  bis  Antivrer,  that  be  re< 

I  of  the  )>reseiit  sent  bltu  by  the  said  Mr* 

kao  more  than  the  sum  oJ   1,350/.     We 

iire  therefore  that  he  may  be  a^ked,  how 

Itch  was  returned  to  hiui  of  tbe  5«CH>Q  guineas 

iLich  he  at  first  paid  ?~'Elde.  3,400. 

)  Mr.  West,    When  was  that  returned  again  lo 

Eide.     In  November  last^  to  the  best  of  my 

cmbraoce. 
Mr.  Ondtm\     In  what   miitiner   was   lb  at 
ney  returned  to  btin  ? 
I8er|.  Frobi^n^     We  have  not  yet  done  whb 
I  dtfsire  to  know  when  you  went  out  of 
rn,  and  when  yoti  returned;  and  how  long 
Her  your  return  was  il  ri'paid  ? 
I  EUk,  Ix  was  repaid  to  rue,  to  the  best  of  my 
owledjfe,  within  ibiee,  tour,  or  fire  days  after 
liy  return.     As  soon  as  1  eanie  from  the  couu* 
the  Earl  look  nnlice  of  it,  and  said  that  he 
^ouid  repay  me :    For  some  lime  in  May  he- 
fnrr,  or  ihereaboijls,  tbe  noble  lord  had  taken 
,  that  he  had  received  this  present  from 
id  ht»  would  make  me  exceedingly  easy, 
^rj.  Frohyn,    This  was  bt*tbre  you  went  out 
of  tow u  ? — Eide.  Before  1  went  out  of  town. 
Herj.  Prohyn,  When  did  ynu  return  lo  trnvn? 
Elde.     I  returned  the  19th,  20lb,  or  21sl  of 

Co  1^ em  her. 
i*erj.  Prohyn,     How  soon  after  you  came  to 
wt>  did  you  see  my  lord  ? 
Etdc.  Very  soon  after  I  came  to  town. 
8eij.  Probyn.    What  discourse  bad  you  with 
bim  a  bunt  it  ? 

Elde,  My  lord  told  me  he  wouh)  return  me 
tny  money  a^ain;  be  did  not  any  alt,  but  he 
iVDuld  reuirr  me  my  money  ;  and  that  be  bid 
done  it  be  hire,  had  it  tieen  coiivfiitent« 

8erj,  Frob^n,    How  soon  after  this  discourse 

rm  it  that  tlit'  money  w.ts  rettirnetl  ? 
Etde,  i  bfhtre  two  or  ibree  days, 
Mr.  Ousfow.    If  the  M^enilemen  ha?e  done,  I 
destre  \%v  niav   be  askeil,  lo  ivhal  mannei  this 
looey  wa*i  retuntt'd,  and  by  whuni  1^ 
Elde,    Afier  thjs  discourse,  my  lord  Parker 
Dt  for  me,  my  Lord  Ctiauci:Uor  was  then  at 
fevtmiusler-hall,  and  lold  me  my  tord  Chan- 


cellor bad  desired  bun  to  pay  to  ine  S,400/,  and 
be  did  pay  it. 

Mr.  Lutui/che,  My  lords,  if  T  umJerHtantl 
Mr.  Elde  ri^^ht.  lie  sa'ul  there  was  sorneihing 
mentioned  by  my  lord  of  ibi»  kindness  bttbre 
he  went  into  tbe  country.  1  de»ire  he  may  hm 
asked,  upi>fi  i»hat  occaaion  be  waa  going  inta 
the  country  at  thai  lime  ? 

Mr,  Omlow,  1  desire  that  he  may  first  an* 
■wer  in  what  manner,  by  whom,  and  where, 
IhJa  money  was  repiud  to  him,  whether  ia 
money,  or  notesj,  or  how  ? 

Elde.  To  the  best  of  my  remembrance  it  wai 
paid  in  this  manner^  there  waa  1,400/,  iiiBaok 
notes,  anil  ^,000/,  in  India  bonds, 

M  r,  Ontiow    W  bo  was  this  paid  by  f 

Eide*  By  my  lord  Parker, 

Mr.  Omlow,  Whether  he  ^?e  any  receipt 
for  Ibe  money,  or  any  part  of  it^  and  to  what 
effect? 

Elde.  When  my  lord  paid  me  tbe  money, 
he  said  my  lord  IV1act;lesht.'ld  had  <Hfleted  me 
to  be  paid  the  uiuiiev  ;  but  bis  hirdbhip  not 
havin^jr  ^i>  mudk  by  hjin,  ih«M-t-rt)re  be  \vm\  or- 
dered Iiiui  to  make  it  up,  and  uv  pay  me  2,000/* 
out  of  his  ort'ii  mouey  ;  and  ihut  as  2,000/.  of 
it  was  bis  own  mooey ,  he  desired  me  to  (^ire  a 
note  of  the  receipt  of  it. 

Serj.  Pen^elltf,  Whether  waa  that  note,  a 
note  lor  repayment  of  the  money,  or  a  receipt? 

Eide,  It  was  not  lor  repayment,  that  1  re* 
memlier ;  but  it  was  an  acknowletlgmentof  ibe 
receipt  ol'  the  money,  that  I  bail  received  to 
much. 

SerJ.  Pengelly,  Whether  it  did  not  contain  a 
forlber  ackiiowledt^menl  for  repiiymeni  ? 

Eide,  Not  ihul  t  know  of. 

Serj.  Ptngeily.  Was  il  said  nj#on  whose  ac* 
count  the  mf»aev  wns  \tmd? — Elde,  Yes. 

Serj.  Pcu^c<fi/.  We  ilesire  be  may  be  a<«iked. 
How  many  ihy'>  l>etore  be  uasto  prodiire  the 
balance  of  lii^^  cii^h  Lieliire  the  commissiouert 
tbul  he  received  ibis  money  ? 

Elde,  I  cannot  5iay  bow  Iod^  before ;  il 
might  be  a  fortnight  or  three  weeks;  I  cannot 
say  ;  it  wa!j  not  longf  before, 

Serj.  Pengetljf.  Wbeiher  it  was  not  necea- 
tiary  for  him  lu  make  use  of  this  money,  in 
order  to  make  up  this  balance? 

Eide.  1  wilt  ansvperihtiL  ijuestien  as  welt  la 
I  CAU  :  [  did  make  use  of  it  to  that  purpose,  as 
bavinji^  it  by  live;  but  I  was  not  so  pimr  us  to 
be  put  to  a  necessily  of  so  dohij^;  1  could  bare 
had  the  money  any  where  cd'  any  body  thai 
kne%v  nie. 

Mr.  Luticj/cfte,  My  lords,  1  ilesire  he  may 
be  asked,  Whether  he  can  rememht  r  the  parti>' 
eulartime  lo  a  day,  when  il  was  repaid  lum  ? 

Eide.  Upon  nly  oath,  I  cannot  tell  the  par- 
tic  u  hi  r  time. 

Mr.  Owj/oep,  Was  it  after  the  enquiry  waa 
directed  lo  Ihj  made  by  ibe  lords  of  the  council? 

Elde.  Ye^,  my  lordn,  I  was  in  tlie  country 
when  tbe  enquiry  was  directed  lo  be  made,  and 
a  month  at^r. 

Mr.  Luttcyche,  T  mentioned  a  qtiestioQ  be- 
fore I  Mr.  £lde  was  mentioning  that  my  lord 


I 

I 
I 

I 


I 


875] 


10  GEORGE  I. 


Trial  qflhe  Earl  tif  Macde^M^ 


BIuoclesfieM  bad  sAid  to  liiin  Wfare  be  vveot 
out  «r  tiiwu,  ihat  he  wouUl  makr  him  exceed - 
ing^  cosy  ;  I  dtffkire  he  \\\^y  be  askeit  where  be 
tyms  then  g<^ing,  and  ij|ioa  what  occasion  ? 

£^e*     My  lords^  1  was  ^oing  into  Statfbrd'^ 
fthiref  wliere  the  bttle  ejects  I  have  in  the 
roHtl  be. 

Mr.  Lutwyche,    I  waald  know  upon  wb&t 

cosioo  ? 

Eide,  I  never  mi58pd  going  into  ibe  country 
'  tbe  bef^iuDLDg  of  Auguai|  for  these  ten  years 
paal. 

Mr,  Lutwyche,  Whether  there  was  any  par- 
ticular occasion  for  his  guing^  down  iolo  the 
eouuLry  at  that  time  ? 

Elde.  if  your  lordi.hip«  arc  of  opinion  that 
ibis  ia  ^  fair  question,  I  will  us  fairly  answer  it. 
]  went  down  to  niy  house^  to  look  into  what 
bttle  affairs  1  had'lhere.  1  called  at  Stafford 
first,  and  there  declared  tnysella  candidate  for 
ihe  election  that  was  to  ensiue. 

Mr.  Lutmyckf^  We  de&ire  he  may  be  asked, 
n  ben  be  returned  ? 

Elde,  1  returned  about  the  igtb  or  20lh  of 
November. 

Mr.  Plmnmtr*  Mr.  Elde  says,  when  my  lord 
Parker  paid  hiin,  he  bad  a  note  from  bim,  ac 
"knowleilgiQg  I  he  receipt  of  the  money  :    J  de- 
sire to  know,  Whfiher  that  note  was  taken  up 
ag'ain,  and  when  ? 

Etdc,   The  note  T  gave  my  lord  Parker? 

Mr.  Pluotmcr.  Yes. 

Elde,  My  lord  Parker  sent  for  me,  and  gave 

TiDe  the  note  ag-ain.     I  do  not  know  thai  I  saw 

my  lord  Mac^le&tield  tiJI  after  I  had  ^een  lord 

I'arkcr,  and  be  bad  given   roe  up    the    note 

again. 

Mr.  Plummer.    I  desire  he  mavl>e  asked, 

Then  the  note  was  deliceied  wp  tu  dim  ? 

Eldc.  That  was  asked  before  ;  1  cannot  tell 
'the  day. 

Mr,  Piummer.  It  was  never  asked  here  he- 
fnrp :  The  qtiesktion  I  a&k is,  When  tlie  note  was 
delivered  up  f 

Midc.  I  do  not  renriPitiher  llie  day, 

Mr.  yiufmncv.   Ak  oeiir  as  yrm  can. 

Etde^  In  ihe  boiriiniinjf  t»f  Uecendjcr, 

Mr.  S<indt/s.  I  bt^  leave  to  ask  <ihe  *nir£tifm  ; 
be  says  thill  be  applied  this  money,  uhtcli  he 
rcceJM'd  or  my  loni  i'arker^  towards  m.ikto^ 
good  the  hajalicc  of  hi.v  accumpt ;  Whether  or 
no  I  be  did  not  first  refuse  to  swear  to  ibe  ha  > 
lance  of  thiit  account;  and  vi  bat  was  ihe  oc- 
casion of  it  f 

Ekte,  When  1  had  delivcreil  in  roy  accompt, 
the  ijuestirm  1  ivas  asked,  the  first  time,  was 
proposed  to  nie»  not  by  any  of  the  judges  who 
were  nppoiot&d  to  inspect  our  accornpts,  hot  by 
sir  Nathaniel  Gun  Id,  who  proposed  it  in  such  a 
manner  that  1  could  not  hy  any  means  take  it. 
He  a«ked  me»  Whethrr*!  o%Ved  any  thing? 
And  I  was  to  swear  1  owed  nothing :  1  told  him 
I  could  not  swear  any  such  tbinjg-.  1  had  some 
ari;uments  with  bim  about  the  absurdity  of 
each  an  oath,  and  said^  If  1  owe  a  million  of 
mooey  tiiat  is  nothing  to  the  purpose :  there  is 
ibe  mmey  due  on  the  bataoce  of  my  accompt  i 


I  ddiver  it  to  you  :  1  bid  I  lie  motrnj  upon  Ibt 
table,  and  insii^led  u^ion  leaving  it  «»trh  ibem. 

Mr.  Sandys.     Whether  that  m 
vered  to  hitn  aiier  be  relaiKd  to  t*»^. 

Eide,  It  was. 

Mr.  Sandys,  W^lietber  that  note  wia  ^ 
the  occasion  of  bis  refusing^  to  take  the  otthf 

Eidt.  I  cannot  say  but  it  was  an  iugraiiMt 
in  it. 

Sir  George  Oxmdcn*  I  wuotd  hm  glai  n 
know  where  this  note  is  P 

Elde,  When  my  lord  Parker  idela vered  it  It 
me,  1  lapt  it  up,  and  put  it  in  roy  |>ocket 
lord  asked  me  why  1  did  so?      1  aoawi 
would  keep  it  as  a  memorandum  of  mt 
Chancellor's  favour  to  me  ;  but  when  I 
home,  considering  that  it  would  be  of  no 
vice,   and  that  it  might  b«  hazardous  to  kcfli 
by  roe,  I  tore  it. 

Dr,  Sayer.  i  desire  he  may  be  asked^  Wl» 
tber  he  did  not  look  upon  himself  entirely^ 
charged  from  any  demand  on  account  of  llil 
money,  or  did  think  himself  hound  to  Hb 
awer  it, 

Elde^  I  do  DOt  think  myself  bound  to  la^ 
swer  it. 

Bv,  Sayer,  Whether  be  apprehends  it  to  lie  ft 
free  and  j»crfect  gift  f-^Eldc.  1  dc^  my  kcdi. 

[Mr.  Cattingham  called  a^in.] 

Scrj.  Pcngeliy.  My  lords,  we  leJl  the  ba»^ 
in  the  blinds  of  Mr.  Oottingham  ;  therefore  it 
is  necessary  ihat  Mr.  Coiliui^lmm  iuform  your 
lordships  H  hat  became  of  It  afterwants;  wtnt 
he  did  with  the  basket  after  Ue  bad  it  Ifooi 
Mr.^Elde? 

ColtiHgham*  My  lortl^i,  I  carried  it  op  la 
my  lord,  ami  set  it  do^n  in  his  study, 

Serj.  PtngcUy,  What  did  you  say  to  m$ 
lord? 

Cattingham^  Nothing,  Mr,  Elde  ordei'     i' 
to  cAiry  up  the  basket;  1  carried  it  ii; 
there  I  set  it  down  :  I  never  saw  it  altcr^ 

Nejj.  Ptn^eUy,     Whether  do  you  rtM«i 
v^iut  ani$\ver  my  lord  Maccl^stield  mmie  ai 
that  time  ? 

Cattingham.  None  that  I  remember. 

Heg,  Pcagdly.  Whether  did  be  open  Ihs 
basket  ? 

Oditn^ham.  No  ;  the  basket  waa  covcveil 
up,  and  I  set  it  down  in  my  lord's  clooet. 

Serj.  Pt«^'t/(v.  Whether,  after  that  lime, 
appointed  any   lime  for  Mr.  Elde  in  tw 
milted  ? 

Cottingham.  I  think  be  was  admitted  thit 
very  same  day» 

8erj.  PengcUtf.  I  desire  Ibis  witness  may  bt 
asked,  whether  be  received  any  thing  from' 
Klde,  bedsides  what  was  in  the  Wket  P 

Cot t ing hum.  N ot  a  farthin;^ .  except  my  ft 
nor  no  more  of  any  of  the  Masters  than 
usual  fees. 

Serj.  Probytu     We  desire  Mr.   Cottinglii 
may  be  asked,  whether  nX  this  tirot^,  v  >^f-n  V 
Elde  deiiired  to  be  adtuiUed    inln 
there  was  any  other  person  wbo  dw^< 
made  any  oU'er  for  it  r 


877] 


for  High  Crimes  and  Misdemeanors.  A.  D,  n25,  [878 


Cciiingham,  Mr,  Lucas,  a  gcDtlcnmn  of  Ibe 
Temple,  was  recommended  to  the  Earl  Uy  Mr, 
Hul^trCKlef  \t^lio  is  since  dfad.  He  hail  been 
ormeHy  a  cuinmissioner  of  the  Ejccise  ;  his 
Bme  was  Whillock  BulijlroJe.  Mr.  Lucas  did 
}t\i  cnc  ti|ir»n  til  at  occasion^  it'  the  Earl  ivoidd 
Srait  hifii,  he  would  gtte  him  0,000/.  ihr  the 
See.  1  iui>k  &  memorandym  of  it  at  that 
Ime,  and  I  Imd  it  in  my  haud^  foor  or  tire 
iy«ago. 

Serj.  Prohi^n.    When  Mr.  Lucas  told  you 
whether  did  you  mfonn   (he  then   Lord 

rofit? 

I  am.  Yes,  I  am  sure  T  lUd  ;   stid  ihe 

pswci  Ijej  made  me  was.  That  Jllr.  FJde  uas 

fiimily  which  tvere  his  particular  frietide^ 

bd  aniuaintancei  (or  whom   he  had  a  great 

ri^nd.^hip  and  vnlue,  aiitl  that  he  should  nave 

1|00C>/.   cheaper,  or  lesser  than  auy  body 

'  Mr.  Struvge.    I  desire  he  may  be  asked, 
liether,  before  Mr.   Elde  was  ad  milled^  he 
1  Dot  acquaint  the  noble  lord,  that  this  Mr. 
ttcas  would  ffive  G^OOOL  ? 
Coitingham,  Yes,  I  did. 
Serj.  Feugfllj/.     I  desire  to  know  whether  I 
nderstand  Mr.  Cottinprham  right?     He  says, 
hat  my  lord  would  let  Mr.  Elde  have  it  cheaper 
ban  any  bo*ly  else :    Whether  he  understood 
f  that,  thi|l  my  lord  expected  somebody  else 
ould  ^ive  him  more? 

Cotdn^htkm,  My  lord  said  he  would  let  Mr. 
Ehle  have  it  upontlte  score  of  particular  fiiend- 
abip  and  acquaintance. 

Serj,  Pcngdft/.  If  I  heard  htm  right,  I  sub- 
^Biit  it  to  your  lordships,  whether  he   did   not 
Ky    thst    Mr.    Elde    should  have  it   1,000/. 
Cheaper  than  any  uther  person  ?     I  ask,  whe» 
Iher  he  did  not  understand  my  lord  Maccles- 
field would  have  1,000/.  more  from  any  other 
pemonf 

E,  of  Maccletficld.     My  lords,  1  hope  torn 

to  be  i'harged  with  the  imaginations  of  this 

ntleroan  ;  he  is  asked  about  his  apprehension 

'my  intention  in  a  CRse  thnt  did  not  happen, 

[desire  he  may  be  a&Ued,  It"  he  knew   what 

'character  Mr.  Elde  had? 

Cot [ in f  hum.  A  very  good  one. 
E .  of  Muec lesjklil,    1  desi re  i  t  m  ay  be  a  sked , 
IrUtther  he  did  not  know  th'U  I   had  a  gjeal 
lioion  of  ]>Ir.  Elde*s  ability  and  inlei^rity  ? 
Cottinghnm,  He  was  one  your  lordship  hail 
\  gfreat  opinion  of,  and  that  he  was  very  ileserv- 
1  never  heard  your  lordslu'p  express  a 
ler  opinion  of  any  man  than  of  Mr*  Ehle. 
8erj,  Peu^ciij/.    We  have  done  with  this  A r- 
jle:    the  next  Article    is  the  Eighth.     We 
'desire  M^r.  Thurston  may  be  sworn, 

Mr  Mark  Thurston swurn^ 

Serj,  Fengeiltf,  My  lords,  we  desire  that  Mr. 
Thurston  may  gire  3'our  lordsliips  an  account, 
1^'ben   lie  was  lulmilted  into  one  of  the  offices 

wM  the  IVIasters  in  Chancery,  and  upon  whose 

■bath  > 

^  Thurtton,  My  lords,  I  was  admitted  into 
this  olBce  upon  the  death  of  BIr.  Borret^  and 


E 

■ott 

■fm 


the  day  of  mj  admission  was  the  5tht»f  Angust 
last. 

Hi^tj,  Pffigelly,  J  desire  he  may  beaskrd. 
Whether,  before  his  admission,  lie  IihiI  made 
any  application  cither  to  my  lord  MacelesHehl 
or  his  secretary!  or  any  person  concerned  fur 
him  ? 

Thunton,  My  lords,  before  my  admission,  I 
did  make  some  application  to  my  Lord  Clian- 
cellor's  secretary  I  Mr.  Cottingliaiu  ;  anti  at 
that  time  I  niiide  n  proposal  ot  mnking  a  pre* 
sent  of  5,000  cfuineafi  to  Ijc  admiitcd  into  the 
office*  Mr,  Cottingham  a.^kefl  roe  several 
questions  about  my  circumstances,  and  what 
persons  I  could  name  thnt  would  recommend 
me  to  his  lordship;  (o  vvhich  I  gave  the 
proper  answers,  and  mpntione*l  several  gen- 
tlemen he  knew.  After  that,  1  having  the  ho- 
nour of  being  acquainteil  with  my  lord  eom- 
missiont-rGilherl,  before  I  tookany  oihersteps^ 
I  waited  on  his  lordship,  and  acquainted  him 
with  my  resolution,  and  begged  the  favour  of 
him,  that  he  would  take  the  trouble  to  recom- 
mend me  to  my  Lord  Chancellor,  as  his  friend, 
and  a  fit  person  for  the  office.  His  lordship 
did  take  that  trouble,  and  wailed  upon  my  lord 
at  Westminster,  who  was  then  sitting  upon  the 
bench ;  and  after  notice  was  sent  him  of  that 
gentleman's  being  in  the  little  room  behind,  his 
lordship  came  off  the  bench  ;  and  some  tim<* 
being  spent  in  conversation  between  theny,  1 
was  called  in^  and  kindly  recommended  by  that 
honourable  person  ;  and  my  lord  Muerlesfield 
seemed  to  approve  of  me  upon  his  recommen- 
dation. But  I  should  acquaint  your  lorfl»hipf, 
that  as  to  that  part  of  the  transaction  with  Mr. 
Cotlingham,  he  said  that  he  would  ri'porl  those 
things  to  my  lord  Macclesfield,  of  my  character 
and  person,  though  he  never  reported  any  thing 
back  to  me  agoin  ution  it :  but  I  took  t(ie  next 
ensuing  steps,  by  the  intervention  of  the  ho- 
nourable gentleman  y  my  lord  commissioner 
Gilbert. 

Sir  Wm*  Strickland.  Whither  he  dtd  not  un» 
derttand  that  my  lord  l^Iacclesfidd  agreed  to 
h i s  p roposa Is  ? —  jTA union .    Yes. 

♦Sir  If'm.  Sirickland,  Afier  this  transaction 
with  Mr,  Cottingham,  what  further  application 
was  mnde  ?  And  why  he  was  not  immediately 
admitted  at  thnt  time  ? 

'Ifntrston,  It  was  not  expected  by  me  to  be 
immedtaletv  admitted  at  that  time:  because 
my  Lord  Chancellor  did  not  absolutely  deter* 
tnme  me  to  be  the  person ;  bitt  said  he  had  so 
pood  a  charactf^r  of  me,  that  he  believed  1 
should  be  the  man. 

8ir  Wm,  Strickland.  Whether  Mr.  Thurston, 
being  uneasy  about  the  delaying  of  admitting 
him,  did  apply  to  any  other  person  after* 
wards  f 

Thnrttmi.  After  my  being  introduced  to  my 
Lord  ( Utancellor,  there  was  some  time  for  my 
lord's  eonsideratioD.  Near  a  week  after,  a 
message  was  fient  me  by  Mr.  Cottingbam,  that 
my  lord  would  be  ready  to  admit  me  such  a 
ifay.  Before  the  day  came  I  had  •>  vcvQisw^jb. 
coutradiclin*^  vl,  \^^b  Tf\^  \ji\^  ^VvwaiXw'^ 


I 


I 


1 


S79J 


10  GEORGE  I. 


Trial  of  the  Earl  of  AfaccleffieUf 


IfcO 


I 


being  eni^a^d  to  aUend  the  council  on  (hiit 
day,  Al'ier  that,  I  €'X|)€cted  ihe  ap|K)intnientof 
another  day  for  tliat  purpose  -  and  in  Ibe  mean 
time  this  aftair  Uml  ^ot  into  the  puhEic  news- 
papers  as  eiery  ihiog  doea*  and  1  was  named 
py  e?ery  body  to  be  thep^rsuu  fixed  npon  ;  and 
people  resotted  to  rae  to  transact  the  business 
of  the  office,  which  I  could  not  do  without 
t»eing  duly  admitted.  And  shortly  alter  that 
tinic,  there  was  a  report  spread,  that  my  Lord 
ChanceUor  had  litfsigned  lo  make  a  present  of 
Ihe  plac-e  to  snioe  gentleman  in  the  country, 
ipibicik  j^ave  me  an  uneasineHs,  and  put  me 
upon  DD  expedient^  that  since  I  could  not  haw^e 
ready  accesu  to  «o  j^reat  a  persoo  as  hi»  lord- 
ship, 1  went  to  Kjeu&ingtoo  one  niomi ug  to 
wait  upon  the  countess  of  Macclcktield  ;  and 
upon  sendiog-  up  my  name,  and  that  I  desired 
to  apeak  with  her,  in  a  short  time  1  had  the 
hotiour  of  seeing  her,  and  acqaainted  her  that 
1  was  Ihe  person  that  my  lord  had  promised 
the  office  to,  and  that  1  could  not  proceed 
therein  witliout  being  fi^vorn  ',  therefore  I  de 
aired  her  ladyship  to  intercede  with  my  lord, 
that  C  might  be  speech ly  sworn  in.  Her  lady- 
aliip  said,  She  never  did  meddle  in  any  affairs 
of  a  public  nature,  1  used  several  ars^unieots 
witii  liei',  as  that  the  thing"  was  now  public  and 
in  print,  that  it  might  be  a  great  disappointment 
to  inp,  and  might  aifect  my  character,  if  my 
lord  did  not  thiuk  tit  to  admit  me.  Maid  a  (fnod 
deal  of  sLre.ss  upon  these  arguments  ;  and  I  aC' 

Suainted  her  ladyship  that  1  did  not  expect  or 
esire  lo  come  in  without  the  due  present  tlmt 
is  always  e^steemed  the  perquisite  of  th;;  great 
•cftL  Then  1  repealed!  those  other  argumenis 
again,  that  my  character  might  be  adeeted  by 
these  disappointmentii ;  whereby  her  ladyship 
was  prevailed  upon  to  promUc  she  would  vi  rite 
a  letter  and  acquaint  my  Lord  Chancellor  with 
it.  Before  I  went  away  from  the  riiotu  where 
I  had  the  hoDour  to  be  with  the  lady,  I  did 
leaYe  upon  the  table  Bank  notes  U)  the  value  of 
5,850/. 

8erj.  PengeJit/.  How  were  tbey  directed  ? 

Thur&ton.  i  directed  thetn  to  the  countess  of 
Maccleslicld* 

Serj.  IVngelly.  I  desire  he  may  be  aeked^ 
How  soon  after  this  he  was  admitted  ? 

Thumton,  l  htUeva  it  was  within  two  or 
three  days  after,  at  fsirtbest,  that  I  was  ad  • 
milled  nod  sworn  into  this  office. 

Serj.  Ftngeilt^.  We  desire  he  may  give  your 
lordships  an  account  who  was  his  predecessor? 

Thunion.  Mr.  Borret,  as  I  acquainted  your 
lordijhi|is  before* 

!>erj.  Fcngdtj^.  Wc  desire  he  toay  acquaint 
your  lordships  of  the  stnte  of  the  office,  as  it 
came  into  his  hands.  What  was  the  deficiency 
of  the  office,  due  to  the  suitors  of  the  Court,  not 
ous\Tered  by  the  eflVctn  of  Mr,  Borret p  when  it 
came  into  your  hands? 

Thunton.  That  is  a  queitton  I  can *t  possibly 
answer,  because  I  never  had  those  uceomptf 
aoiter  luy  inspection ;  and  [  don't  find  the 
gienileisea  that  ha?e|  can  gi?e  an    account 

4ffit 


8erj,  F^ngellu.  I  do  not  ask  lo  •  psflioalir 
sum  5  but  whether  there  wrm^  a  deficieacy«  aoy 
deficiency,  and  about  what  siini? 

Thurston,  I  do  not  kuuw  any  thing  at  tU 
about  the  matter  *  I  might  as  well  guess  wtiit 
a  gentleman  is  worth  th.it  I  know  mithiug  oL 

Serj.  PtngfUif,    Whether  there  wer 
sufficient  to  an»^«er  nil  the  suitors'  den 

Thurston.  I  cannot  ted  ;  b«  ^    re  mm 

not  any  particular  or  eiaci  ar  it,  tlat 

is  come  to  my  knowledge. 

Herj.  Pengdlj/,    Whether  tlie  suitors 
been  paid  the  money  left,ordejiositcd  by  ih 
in  the  hands  of  Mr.  Borret  ? 

E,  of  Macclesfield,  My  lords,  if  there  k 
an  V  order  of  the  Court  for  their  hein^  paii  ( 
will  appear,  and  they  may  produce  those  on 
to  your  lords' 
any  order? 


nil  lliey  i 
liiw  ;   H 


to  your  ]ordshii»s  ;  How  can  they  pay  wH 


2!»erj.  FengdUf.  I  do  i\pt  speak  of  orde 
only  ask,  Whether  he  kuokis  that  the  so 
have  been  paid  ? 

Thuntmu    It  is  Impossible  for  tue  to  I 
any  knowledge  of  it,  for  the  reasons  I  ga^^e  j 
before ;  having  had  no  Inspection  of  those i 
counts. 

Mr.  Lutttychf.    l  desire  he  may  be  i 
Whether  any  effects,  or  money,  or  cash,  i 
to  what  value,  have  been  transferred  to  hioiyi 
the  effects  of  Mr.  Borret  ? 

Thurston.    About  4,200/. 

Mr.  Lutwtfdie.  Whether  he  knows  whattbt 
cash  was  that  was  in  Mr.  BotTel*s  hands? 

Thurston.  No,  my  lords,  I  do  not  know. 

Herj.  Pcngelttf.  I  dej»jre  he  may  he  asi 

whether  he  has  been  applied  to  by  any  of  I 

suii^/rsof  theConrt,  upon  the  account  oVmoaey 
deposited  in  Mr.  Borret*s  hands  T 

Thurston,  t  cannot  say  nobody  has  sppGtd 
to  me  for  money  due  in  Mr.  Borret *s  otficf  I 
sevei'al  suitors,  or  their  representatives,  ht 
been  fiHpiiring  after  sucti  things,  who 
lieen  sal  is  tied  with  having  such  a  o  answer  t 
the  present  circunistaucrs  would  funmb* 
There  were  some  sums  of  money,  before  tliii 
broke  out,  paid  to  suitorR,  that  was  inierrst 
money;  and  virho  were  repi'csejited  to  me  a« 
people  in  necessity,  to  fhe  amount  of  3  mt 
400/.  When  this  broke  ont^  I  then  desi!»t€d 
payment,  upon  the  advice  of  a  great  friend. 

Mr.  Lutfvycke,  1  desire  he  would  ej^pkla 
himself,  what  he  means  by  saying,  before  this 
broke  out  ? 

Tlturstmi,  What  I  mean  was,  (l»e  enquiry 
made  Into  the  M alters'  accompts,  by  his  isa* 
jsstv's  direction  in  counciL 

Mr.  Lulwydit.  The  sum  of  money  he  paid; 
I  desire  he  may  be  asked,  who  hereoeif  ed  that 
sum  from  ? 

Thurston.  I  received  it  from  Mr.  Godfrey, 
the  Ma*iter  in  Chancery* 

Mr.  Lutwt/dte.  I  desire  he  mt'iy  t>e  asked, 
whether  he  knew  of  any  administralioa  takes 
out  to  Mr.  Borret,  and  at  what  time  ?' 

Tfiuriton,  I  believe  flir,  Godfrey  and  Mr- 
Ben  net  were  desired  to  take  thai  Imubte  uj>o« 
them»  ca  laok  iats  Mr.  Barret's  afiain  by  Mie 


881]  Jbr  High  Crimetand  Mudimetmon, 

Lord  Cliaticclbrt  which  I  bey  prcKjeecM  aod 
|<K)k  i>ui(ie  t^teps  ID,  lit!  they  wer^  discourt^l 
om  il  hy  the  enquiry  that  \ra9  set  oo  foot, 
bey  U'Jl  me  now,  ihkit  AdaiimstraUon  i& 
loletl  to  Mr,  Fujcton. 

Feniidiy.  I  desire  be  may  iofomi  your 
ikhipn,  siuce  he  paid  llie  interest,  wby  he 

nol  pay  ihe  principal  ? 

E*  *»r  MucclcsfitU,  1  believe  »t  would  gave 

our  h>rd.«htps'  tune,  if  Mr,  Serjeant  would  ask 

'  \  qiieslious  in  such  a  Qi&nner,  as  not  to  tunply 

elhinf*  which  wa«  not  admitted,  or  said  by 

WEtntsss.    The  qiiej^tion  siip[io«ies  a  prin- 

t  aum  demaoded  ;  ihe  projiur  question  i^, 

\  to  ask  it' any  priocijml  sum  was  demanded  ; 

u^hether  it  was,  or  %va«  not  p»id  ? 

erj.  Pen^elij/.   I  appreheml  ihat  Mr.  Thur- 

i  gays,  that  iTiditors  came  to  him,  suitors 

Court,  und  he  cnnld  not  pay  any  more 

ban  tlie  interest ;  tbifefore  I  apprehend  they 

ao>e  to  him  for  the  mootiy  lodgeil  iu  the  hands 

"Ir.  Bnrret*     Therefore  I  desire  he  may  be 

[|,  whether  any  of  thoke  persons  that  de- 

1  their  money  were  paid  ? 

i.  of  M(tccU-yJitid.   I  dt'Jsire  he  may  be  asked^ 

Hher  any  demanded  Uie  principal  sum  i  aud 

what  order  ? 

'Serj.  Ptnudli^.  I  desire  to  ask  my  own  quea- 

s ;   I  apprehend  I  am  not  to  b*;  directed  in 

askmtf    my   quetiions    by   the   h>rd  im^ 

cbfd.     I  de^tie  to  ask  nhai  suitors  apphed^ 

what  fiumji  they  demanded  ? 

rttan.   The  names  of  the  suitors  I  can't 

li  I  believe  it  is  not  necessary  to  trouble 

lord.'^hip^i   wtiik  them.      The  sums   de- 

tnderl  tifreonly  interest  money.     The  prin- 

)  sum  fur  whieh  1   paid  the  interest,  to  t lie 

of  my  remeinhrance,  wa^  700/,    There 

\  Dodetnond  ntiide  of  principal  money  to  be 

But  there  mis^ht  be  eoipnrii's  maile,  1 

slievc,  by  a  wA\\e  peer  of  lliis  fJouMS  which  I 

so  thy  uiifiiruinote,  that  I   could  not  io- 

I  his  lordship  ot  tlm  stale  of  whul  b«  ea- 

lired  after. 

Ir.  Piummtr,  Mr,  Thurston  aays,  he  de* 

I  from  pavm^  any  further  suras  upon  very 

^advice;  1   desire  to   know   why,   or  by 

I  atlvtce,  he  desistt^d  payinLr  * 

rtt<m.   It  was  upon  a  prudential  reason  I 

I  desist;  because  uhen  a  public  enquiry  was 

t  en  ftK>t,  {  did  not  kiuiw  bow  fsr  1  might  be 

\  in  being  made  aiisuerable  myself  for  it. 

,  Piummer.    Whether   he  had   any  sus* 

in  that   thcte  waa  a  deficiency   in  Mr, 

ftrret's  otiicei* 

Tkunton.  There  was  a  snspicion  that  there 
wmB  nut  competent  tuoney  to  satisfy  all  the 
auilors*  drui.iods. 

Mr  Lntau  hr,  I  desire  be  maybe  asked, 
«vheii»er  tlRrk^  w  us  not  an  order  for  transferring 
the  effecis  in  Mr.  Borret*4  bands  to  bunf 

Tkitriiotk  U|ioa  Ihe  admission  of  erery 
ilaal«r,  there  ia  an  order  of  coune  signed  by 
tbi  \j»i\  Chancellor,  to  transfer  ihi*  eliects  to 
Uie  f»ucce*<sitr. 

Mr.  LMtayche,  I  a«k  if  any  such  Order  came 
IQ  biDn  f^ThuntoH'  Th«rt  didt  my  lord*. 
VOL.  XVI. 


Mr.  Lutwyche.  Was  there  any  IraDnfer  of 
the  effects  according  to  that  order? 

Tkurston,  No,  thertf  was  not  a  complete 
transfer. 

Mr.  Lutu>i/che,  Why  was  it  not»  as  usual  in 
the  ca^e  of  otlier  Masters,  that  either  are  re- 
moved, and  are  able  to  transfer ;  or  in  cas^ 
u[>on  death,  where  their  representatives  are 
able  10  do  it  ? 

Thurston,  The  reason  it  wa»  not  done,  I 
conceive,  was,  because  it  was  impracticable, 
there  being  no  representative  of  my  predeoessoc, 
no  administration  being  taken  out. 

8erj.  Pengelly.  I  desire  he  may  inform  your 
lordships,  wTietlier  he  was  not  applied  to,  by  i^ 
noble  peer  of  this  House,  conceroinar  somt-  ef- 
fects deposited  iu  tlif^  hands  of  Mr.  Boriet,  and 
what  account  he  then  gave  bim  of  the  slAltf 
aud  sihiatioo  of  the  office? 

E.  of  Muciiisjicld,  1  am  really  very  aorry 
to  trouble  your  lordsihips  so  often.  Whut  is  it 
to  me  what  this  gentleman  said  ?  He  is  uoir 
upon  his  oath,  and  to  give  to  your  lord»hi[)s  ua 
account  what  he  knows  ;  but  to  ask  liim  whal 
he  said  at  such  a  time,  to  all'ect  me,  i  hope  they 
will  not  Insist  upon  it. 

Serj.  PmgtU^,  When  he  has  declared  what 
be  sdid,  tbt  n  tliere  will  be  another  question, 
whether  ihul  wn^i  true  ia  hict  ?  And  ihatque** 
lion  will  tin  o  ,»irri  the  imijenclioil  lord, 

E.  ul  .  '/.  ifMr,Serj«rani  will  aska 

proper  <|<!  t,  be  may;  but  he  shouUt 

QOt  a«k  an  lotpi  i^per  thing,  becauae  be  will  ask 
a  proper  quehtiitn  ullterwards. 

»S<TJ.  pLtigdly,  We  apprehei^  it  is  jiropor 
evidence  to  l>e  «,n^en,  that  he  gave  such  an  ais-^ 
count  of  the  ofhce,  in  an$iwer  to  the  nuble  lord  : 
Therefore  I  desire  to  know  what  account  hft 
gave  to  ill  ■    '  »rd? 

E.  ot  Li  My  lorda,  I  humbly  op* 

pose  that  4ll^^•^- n,  aud  desire  your  hirdshipfi' 
judtraient  whether  b<  is  to  ask  what  this  persott 
said? 

Wr>  Luttrt/che.  I  believe  the  same  end  may 
be  obtained  by  asking  a  question  without  dis- 
pute, Qud  to  which  there  can  lie  no  ulijeetion  ; 
thai  is,  whether  or  no  he  had  any  reasotia  to 
Uiink  that  thai'e  was  a  deficiency  ia  the  office^ 
and  tvhat  those  reasous  werei* 

Mr.  Strange.  My  lords,  we  beg  leave  to  ofi- 
pose  that  qnesiioD :  Wli'*t  bib  priiate  opinioa 
maybe,  is  no  evidence;  he  and  another  way 
thiok  vanouaty  of  the  same  matter.  I'hey  arft 
to  ask  him  as  to  fact,  tind  ntit  tu  his  opinion. 

Mr,  PlMmt/Jtr,  1  have  not  had  the  h3|>pmes 
to  be  bred  a  lawyer,  and  therefore  mav  be  mia- 
taken  as  to  legal  evidence  ;  btit  surely^  when 
your  Inrdships  are  examining  a  pemon  to  tlie 
deficiency  of  his  own  office,  none  cm  give  % 
liettrr  aceount  thun  himself.^  1  desire  he  would 
answer  what  he  knows,  whether  he  hnd  tli0 
complete  money  of  Mr,  Borret's  transterreil  ta 
him  ? 

Thurston*  The  complete  money  of  lh#  office 
hatli  not  been  transferred  to  me,  and  for  the 
reasons  1  have  mentioned  to  your  laiMlif^i 
for  want  of  an  a4[nUki&lii3^Mk« 

at 


• 


I 


883] 


10  6E0BGE  I. 


Trial  qf  the  Earl  ^Macde^iM^ 


[8M 


Sir  Wm,  Strickland,  1  would  heg  Imto  to 
ftsk  Mr.  Tharston  one  questioD,  and  1  hope  a 
material  one;  whether,  on  bis  admiision  into 
that  office,  he  did  not  find  a  great  confusion 
in  it? 

Tkurtton.    I  can't  say  that  upon  my  admis- 
sion into  that  office  I  found  great  contusion  in 
it,  because  all  papers  that  came  within  myriew  i 
were  wery  regular,  and  well  adjusted   to  dis- 
patch business  upon. 

Sir  Wm.  Strickland,  I  desire  he  may  be  ask- 
ed, whether,  if  he  had  known  the  state  of  this 
office,  he  would  have  given  5,000  guineas  for  itf 

Thurston.  If  I  had  known  the  state  of  the 
office,  and  the  consequences  of  it,  as  appear  at 
this  time  before  your  lordships,  rather  than 
have  given  5,000/.  for  it,  I  would  have  given 
J»,000/.  to  have  been  without  it. 

Heij.  Frohyn,  Of  the  money  he  paid  or  left 
at  the  time  he  mentions,  on  my  lady  Maccles- 
field's table,  I  desire  to  know  if  he  received  any 
of  it  back  again  f 

Thunton,  I  received  back  again,  from  the 
lady  Macclesfield,  the  sum  of  3,250/.  in  Bank 
notes,  the  same  as  I  enclosed,  when  I  first 
left  it. 

Dr.  Sayer,  Do  you  know  the  particular  cir- 
cumstances of  that  transaction,  and  upon  what 
occasion  the  money  came  to  be  returned.^ 
Cive  a  full  account  of  that  whole  transaction. 

Tkurtton,  Soon  after  my  admission,  and  as 
•oon  as  1  could  adjust  the  affairs  of  my  offioe, 
it  being  the  latter  end  of  summer,  and  little  bu- 
siness stirring,  I  went  into  the  country  for  my 
liealtb.  The  servant  1  left  in  town,  sent  me 
word,  that  there  were  several  messages  from 
my  Lord  Chancellor,  that  he  soppos^l  might 
be  of  importance.  As  soon  as  1  could  conve- 
niently, 1  returned  to  London,  and  in  a  day  or 
two  went  myself  to  my  Lord  ChanceUor's 
bouse,  and  I  sent  to  know  what  the  occasion  of 
tliose  messages  was.  They  said,  it  was  net 
from  my  Lord  Chancellor,  but  it  was  a  message 
from  my  lady  Macclesfield.  Upon  that  I  im- 
mediately afier  waited  upon  her  ladyship.  She 
informed  me  then,  that  she  did  not  know  that  I 
liad  left  so  large  a  present  with  her,  as  she 
found  it  was :  and  declaring  I  should  be  used 
with  honour,  she  returned  to  roe  3,250/.  and 
the  other  part,  she  said,  she  would  appropriate 
to  her  own  use. 

Serj.  Probyn,  We  desire  Mr.  Thurston  may 
be  asked,  if  there  was  any  notice  taken  of  any 
order  or  directions  from  my  Lord  Chancellor 
mbout  re- payment  of  the  money  ?  or  whether 
it  was  only  a  transaction  between  him  and  my 
bdy  Macclesfield .' 

Tkurtton.  There  was  no  notice  taken  of  any 
orders  from  my  Lord  Chancellor ;  rather  an 
express  desire  that  my  Lord  Chancellor  should 
never  be  acquainted  with  it. 

Mr.  Strange.  1  would  ask  when  this  money 
was  restored  ? 

Thurttou.  The  time  when  the  money  was 
restored,  was  about  the  middle  of  October. 

Cooi.  Serj.  I  desire  he  may  be  asked,  wbe- 
Uuar  at  the  time  Im  fint  tpplied  to  lady  Maa« 


e  paper! 

bills  were  in  on  the  table,  beme  he  reemcd 
anyanswer  from  my  hidy,  or  afterwards? 

Thurtton.  I  laid  down  the  Bank  bilbsntht 
table,  to  the  best  of  my  remembranoe,  at  tbc 
time  of  my  coming  away,  and  taking  leave. 

Com.  Serf.  Whmher  they  were  enclswd  la  a 
paper  f 

rA«rs/on.  They  were  enclosed  in  a  p^er, 
and  also  sealed  up. 

Com.  Serj,  Whether  they  were  opened  te- 
ing  the  time  he  was  there  ? 

Tkurtton,  No,  they  were  not. 

Com,  Serj.  Or  taken  up  by  ray  lady  daif 
that  time  ? 

Thurtton.  No,  my  lords,  I  don't  itiaudg 
they  were. 

Com.  Serj.  Whether  he  named  the  paii- 
lar  sum  to  her  ladyshijp  P 

Thurtton.  No,  my  lords,  not  in  the  fcHt  I 
did  not  give  any  intimation  what  sum  wM> 
closed. 

Mr.  Strange.  I  desire  he  may  be  tM, 
whether  he  can  remember  that  my  lady  Mc 
did  not  open  it,  before  he  went  away  f 

Thurston.  To  the  best  of  my  remembraei 
it  was  not  opened  before  I  went  oat  if  Ai 
room. 

Mr.  Strange.  I  desire  he  may  be  askd  lUf 
further  question,  whether  he  apprehended  ihil 
my  lady  Macclesfield  was  acquainted  withlfci 
contents  till  after  he  was  gone  P 

Thurtton,  I  did  not  apprehend  that  my  l^f 
Macclesfield  was  acquainted  with  the  coalfla 
of  it  till  afterwards. 

Mr.  West.  Since  that  gentleman  hatb  hm 
asked  concerning  his  apprehension,  1  desire  le 
may  be  asked  another  question  of  the  mm 
kind,  which  is,  whether  he  apprehended  hi 
shouJd  have  been  admitted,  if  he  bad  not  kl 
the  money  P 

Seij.  Probyn.  We  submit  it  to  year  kid- 
ships,  whether  that  be  a  fair  question. 

Mr.  Wctt.  Really  I  think  itis  a  proper  q«i- 
tion,  upon  the  fi>undation  of  theqoestion  askrf 
before.  The  former  question  was,  whetbcrli 
apprehended  my  lady  knew  what  he  had  kft' 
1  ask,  whether  lie  apprehended  he  shonid  ha^ 
been  admitted,  if  he  had  not  left  that  sum  P 

nurtton,  1  do  not  apprehend,  that  if  I  bii 
come  without  the  money,  I  should  have  M 
admitted.  But  if  the  notes  had  been  rttand] 
to  me  without  any  other  answer,  then  I  should 
fully  have  apprehended  that  I  should  not  bsft 
been  admitted. 

Sir  John  Ruthout.  1  desire  he  may  be  aikidt 
whether  he  hod  any  particular  acquaiatSD^ 
with  the  lady  Macclesfield  before  P 

Thurston.  1  had  not  that  honour. 

hit  John  Rushout.  Whether  he  had  ever fscf 
her,  or  been  in  her  company  before  P 

Thurston,  My  lords,  I  believe  I  never  wHi 

Sir  John  Rushout.  My  lords,  we  deweli 
may  be  asked,  what  he  apprehends  waslh* 
reasou  of  3,260/.  being  returned  to  bimP 

Thurston.  I  know  not  whether  I  skneMM- 
Ue  your  lordships  with  mj  ap 


I  kmi  ao  Tar  &■  I  oouJii  c4)Ufet 
^  *B  dfocoHrse,  the  reftsoo  was,  slie 
It  too  lirge  K  prest^ol. 
pgmgetljf*    1  desire  be  may  be  asked, 

P50L  WHS  returned,  in  wliat  luoutb 
trtion.  It  was  in  October. 
eUy,  Wbeilier  be  can  recollect  in 
the  monlh  ? 
I  belie le  it  was  about  the  mitlille 
Br,  to  tiie  best  of  my  reinembninc*f. 
lycr.     My  lonlj,  we  desire  be  utay  he 
bt^ther  the  rciuru  ol'  this  money  was 
r  ai'ier  the  Ibeu  first  seat  belbre  Mi- 
I  term  ? 

f<wi»  To  the  bpst  of  my  remembrance, 
leftt  vras  abuui  the  miclille  of  October, 
m  returned  belore  Uie  (irst  seail, 
"^robtfft*  h\y  1oni8|  I  desire  be  may  be 
betbar  there  was  any  messajc^  sent 
%  returning  of  the  mooey^  be?ore  the 
It  luide  t 

Ion.  1  have  acquainted  your  lordsbina 
pal  messages  past,  while  1  was  iu  the 

tit.  When  he  waited  ujioii  my  lady 
,  after  his  return  out  of  the  couii- 
Miire  he  may  be  avked,  whether  she 
d  any  thing  to  bim  of  the  reason  of 
iatsgea? 

!<Mi.  Hbe  mentioned  tlie  reason  *  and 
it  it  waa  to  return  the  money,  which 
was  too  largfe  a  present,  and  that  she 
d  my  Lord  Chancellor  should  come  to 
>led)»"e«f  it, 

*robt/n,  I  desire  he  would  inform  your 
I  when  be  went  to  Kei^siujfton  to  my 
idttMdt  where  my  lord  Macclesfield 

on.   When  f  went  to  Kensington  to 

MacclcsBetd,  my  lord  Macclesiield 

'  <]  in  the  busiuecs  of  the  Court 

he  latter  end  of  the  aittings,  or 

>vkiyi   uichaelmas  term. 

rtihjfn.     In  what  state  of  health  was 

Chancellor  at  that  time  f  Had  he  not 

I  I43nie  time  before  at  London,  and  not 

K   My  Lord  Chancellor,  by  the  en- 
■p»  was  at  that  time  iu  London. 
\vbvn.    How  soon  after  your  atlmls* 
lb*  Lord  Clianceilor  go  into  Oxford* 

I  The  very  day  afW  my  adinis- 
nl  Chancellor  went  into  Oxford - 
IS  iiifoi  iiied  by  one  of  my  lord's 
I  cume  to  m«  that  day  upon  some 


^  O^ningham  again  called. 


Jttl^,  My  ton!  8,  I  desire  Mr.  Cot- 
nuiy  be  asked,  whether  upon  the  (tro- 
(^.000  f^uineas  made  to  him  by  JVIr. 
fi  m  ws^uatnted  my  lord  Macclesfield 


Serj.  Pcngeily,  Whether  did  he  approire  of 
it,  or  rejt?ct  it  ? 

Cottingham.  I  am  not  Fcry  certain,  whether 
the  Ear)  did  not  aay  he  would  tiike  time  to 
consider  of  it.  But  iu  tbt;  main,  according  to 
my  £tpprt;beiision,  the  Larl  st^emud  to  approve 
of'it. 

8er).  Fengtlly,  I  desire  be  may  be  asked, 
whether  be  receivefl  any  ihinjj  fur  my  lord 
Macciesfield^s  use  upon  Mr*  ThurstoU'Sadmis* 
sionf 

Cotlingham,  No,  my  lords,  1  receifed  na* 
thing  but  my  own  fevs^ 

Serj.  Ptn^cUj/.  If  he  received  nolhio(f,  whe- 
ther be  received  any  directious  from  my  Lord 
Chancellor,  relatin?^  to  bis  receif  ing,  or  not  rc*- 
ceiving  any  tbiog  from  him  ? 

Cottifightim.  The  Earl  was  pleased  to  tell 
me,  he  bad  a  design  to  have  given  that  place 
to  Dr.  Sayer,  but  he  was  at  that  time  in  the 
country,  out  of  town,  at  Durham  :  he  proceed- 
ed so  far  as  to  order  me  to  take  no  money  of 
Mr.  Thurston. 

Serj.  PcngcUy,  When  was  that? 

Cotlingfwtiu  Very  sooq  before  he  was  ad- 
mitted. 

^ierj.  Ptngelly,  My  lords^  wc  submit  this  ae 
evidence  of  the  lord'4  knowmg  of  the  receipt 
otthis  iiresimt  of  .0,000  guineas. 

Mr.  Lutici/chc.  My  lords,  I  desire  to  kno^v 
of  Mr  CcHtmgham,  whether  my  lord  Maccles- 
field had  any  aci|uaintance  with  Mr.  Thuraloa 
before  this  propu»al  ? 

Cottuighum,  I  cauH  say  as  to  that,  whether 
be  bad  or  had  not ;  I  believe  be  had  not,  aa  1 
apprehend. 

Mr.  Piummer.  1  desire  he  may  be  asked  one 
question t  Whither  be  made  an^^  ditB cutty  of 
accepting  hh  fees  on  !^Ir.Thurstoo's  admission  f 

Cotiin^ham,  Y^es,  1  did. 

Mr.  Plummer,  And  why  ? 

CoUing/tam,  The  Earl  ordered  me  to  lake 
no  monev  of  liim.  Ut^on  that  general  order  I 
made  a  Utile  difliculty,  and  told  hirn  of  it ;  the 
answer  he  made  mc  wu$,  VVhv  should  I  make 
any  ditficiilty,  when  he  bad  been  thus 
rously  dealt  with  by  tuy  Lord  Chancellor  ? 

Sir  Win.  StrkUand.'  >Vbether  at  that  time, 
when  he  finat  menttuneJ  the  5,0UU  guuieus,  it 
was  out  u  day  or  two  bclbre  bis  adiuission  ? 

Cottinghom.  1  believe  it  wa^  a  day  or  two 
before  Ins  admission, 

Serj,  Pcni^elly.  My  lords,  we  have  done  with 
Mr.  Cotttngbatti ;  since  the  name  of  Dr.  8ay  er 
m  mentioned  *m  tltisoccaiiiou^  whom  the  noble 
Earl  declared  he  would  compliment  with  the 
nlace  that  fell  vacant^  1  desire  ibts  witness  may 
be  asked,  Whether  that  w»fi  a  real  eomphment 
lo  Dr.  8ayer^  or  whethir  Dr.  Sj*>er  made  any 
application  I  or  was  tti  give  nuy  thing  for  it  f 

Coiiingham,  I  believe,  if  Dr.  1^)  er  had  been 

then  in  town,  my  lord  would  really  have  m^ide 

him  a  complinieut  of  it  without  ;iny  present* 

My  lord  told  me  Dr.  8ayer  was  his  particular 

and  be  bad  a  great  value  and  respect  for 


if 

1 

i. 


I 


887] 


lOGEOBGBI. 


a  qnestion  upon  that  quesUoii.  He  tayt  he 
tbouji^ht  my  lord  Macclesfield  would  hare  gireu 
if  him  for  nothhiff ;  1  aak  him,  if  he  then 
thought  he  gave  it  Mr.  Thurston  for  nothing  ? 
'  Cottingham.  The  answer  I  can  make  to 
that  question  is,  that  I  did  not  apfirehend  my 
lord  was  so  well  acquainted  with  Mr.  Thurston, 
as  to  give  it  him  for  nothing. 

Dr.  Soyer,  1  desire  he  may  be  asked,  Whe- 
ther he  did  not  represent  to  the  earl  of  Maccles- 
field, that  there  was  a  necessity  for  the  imme- 
diate patting  a  Blaster  into  that  office  for  the 
dispatch  of  business  ? 

Cottingham.  I  did  represent  it  to  the  Earl, 
that  it  was  necessary  to  put  somebody  into  the 
office,  ibr  several  practisers  had  been  with  me 
about  their  aiTairs  m  that  office ;  and  otherwise 
the  business  might  be  transferred  to  another 
office,  which  would  have  been  a  great  prejudice. 
Upon  that  the  Earl  said,  Mr.  Thurston  should 
be  admitted. 

S^.  Prohyn,  Whether  yon  had  not  applica- 
tion Irom  the  suitors  themselves,  and  whether 
there  was  not  a  clamour  from  them  on  account 
of  the  stop  it  put  to  business  ? 

Cottingham,  Yes,  there  was ;  it  happened 
to  be  in  the  long  vacation ;  and  something,  1 
told  the  Earl,  must  be  done  ;  there  was  an  ab- 
solute necessity  to  come  to  some  resolution  or 
other  in  the  matter. 

Serj.  Pengelly.  in  this  Article,  as  an  aggrava- 
tion, it  is  alleged,  that  Mr.  Borret  died  insol 


TrUt  cfike  Earl  o/Macde^ieU, 

lately:  what  accoilbt  bath  been  takeD 


effects  I  don't  know,  nor  can  any  way 
They  are  beginning  with  an  account,  m 
apprehend  is  not  a  proper  evideooe 
given  as  against  me,  to  prove  that  this  | 
man  had  not  effects  sufficient  to  wum 
demands  upon  his  office. 

Serj.  Pengelly.  My  lords,  this  evidei 
lales  to  an  acconipt  delivered  in  by  the 
bation  of  the  lord  impeached,  on  the  i 
made  before  the  lords  ot  the  council, 
accompt  was  delivered  in  Wore  them, 
prdiend,  so  far  it  is  a  proper  evidence 
foundation  for  a  farther  enquiry,  how  ii 
it  remains  in  the  office :  we  shall  aal 
persons  afterwards  as  to  the  deticienc; 
the  use  we  now  make  of  it  is,  to  sb 
fifross  sum  that  was  at  first  transferred 


E.  of  Macclesfield,   My  lords,  if  the; 
only  to  satisfy  your  lonlships'  curios 
shewing  how  great  a  sum  there  was 
office,  1  think  it  is  of  no  great  importan 

Mr.  Lutwychje.  All  that  we  eudeai 
prove  now,  is,  what  was  very  notorious 
time  of  Mr.  Borret's  death  ;  that  there 
great  deficiency,  and  that  he  dietl  ins 
and  the  Earl  goes  a  great  way  in  this 
in  his  own  Answer.  He  says  in  his  A 
that  on  the  death  of  Mr.  Borret,  he  • 
Mr.  Godfrey  and  Mr.  Bennet  to  etiquii 
,  his  effects,  and  to  enter  a  proper  caveai 


vent :  we  beg  leave  to  call  some  witnesses  to  |  prerogative  court,    to  prevent  adiuinif 


five  an  account  of  the  state  of  the  office  at 
is  admission,  and  af^wards  at  the  time  of 
bis  death. 

Mr.  Metier  called. 

Serj.  Pengelly,  My  lords,  we  desire  Mr. 
Meller  may  be  asked,  what  sums  in  cash  and 
effects  he  (telivered  over  to  Mr.  Borret,  at  the 
time  of  his  coming  into  the  office  ? 

Metier,  My  lords,  f  take  it  to  be  about 
l20,0i)0/.  1  refer  myself  to  the  account  given 
in  to  the  judges,  and  directors  of  the  hank,  and 
signed  by  my  hand. 

8eij.  Probyn,  My  lords,  we  submit  it,  whe- 
ther this  is  regular,  to  examine  to  an  account 
viva  vocey  which  account  hath  been  reduced 
itito  writing? 

Serj.  Pengelly,  Surely  the  witness  may  make 
use  of  his  own  oaner  to  refresh  his  memory. 


being  granted  to  any  perKon  who  migl 
bezzle  the  said  Borret's  estate,  and  to 
administration  to  be  granted  to  them  I 
benefit  uf  the  suitors  of  the  Court.  Th 
a  goiMl  way,  i  apprehend,  to  incline  vou 
ships  to  believe,  that  there  were  tliow 
used,  which  are  unusual  in  the  case  of  a 
solvency.  Thenfore  what  we  would 
is,  that  the  witness  would  give  an  airo 
what  he  knows  coiicernint*  the  deficie 
this  offioe,  or  give  an  account  of  such  r 
stances,  as  may  induce  your  lordships 
lieve  there  was  such  a  deficiency. 

Com.  Serj.  If  the  gentlemen  who  apj 
the  behalf  of  the  House  of  Commons  il 
to  rely  upon  our  Answer,  thev  may  do  it 

Sol.  Gen.  I  think  Mr.  Meller  h:iih 
that  he  transferred  UO.OOOl.  t«)  Mr.  J 
we  will  now  iro  on«  and  prove  the  deficir 


^/vT  High  Cftmis  0tfn  Bmttunt&swofi* 


A.D.  17iS. 


time  to  draw  oat  tlia  full  tocoonl, 
bral  ouuleanabftrect;  btfth  which 

IfMclesfieid.  The  noble  lord  atkcd 
m  exceeding  proper.  Theqaenioo 
What  this  paper  woP  Perhapa  ic 
y  aocoropt  Ar.  Bnrret  and  he  oMitde 
n  them,  and  signed.  I  ask,  tbetefhre, 
t  is  the  aooompt  between  them,  or 
t  is  an  account  of  hn  own  drawing 

This  is  the  account  1  drew  np  ftoni 
,  of  which  Mr.  Borret  had  a  dnpli- 
rerified  all  these  items,  and  Kkewise 
e  payment  of  the  money  by  gold- 
i  Bank-notes. 

i.  We  apjirehend  that  this  is  as  full 
IS  can  be  laid  before  yonr  lordships. 
rot^n.   We  submit  it,  Whether  year 
are  of  opinion,  that  this  is  proper 

Mr.  Meller  hath  been  proposing  a 
lieh  IS  not  the  oriffinal  acoompt  de- 
it  is  not  the  book,  bnt  a  copy  of  the 
II  out»  and  given  in  e? idence  in  ano* 
:  Now  he  would  by  this  evidence, 
r  himself,  charge  Mr.  Borret  with 
riiTered  orer  to  him  i  hot  as  it  is  an 
Nily  sif^ned  by  Mr:  Meller,  we  snb- 
hether  it  can  be  a  charge  upon  the 
ilive  of  Borret,  and  consequently  if 
my  evidence  at  all  ? 
mgelfy.  We  beg  leare  to  insist  open 
sr  evidence.  When  a  person  makes 
0BBpt  of  his  own  hand  writing,  and 
up,  and  swears  that  to  be  a  true  ac- 
Ni  his  own  knowledge,  Whether  this 
ler  evidence? 

fMccteifietd.  This  gentleman  has  real- 
his  evidence,  though  it  was  obfected 
I  he  a  propfT  enqairy  bereaf)er,  when 
to  consider  the  evidence  that  hath 
1,  Whether  it  be  good  proof  of  what 
lit  for? 
rsr.  We  shall  reserve  our  objection  to 

n»  They  may  reserve  what  ohserva- 
ptease ;  it  is  an  objection  to  be  made 
ottfall. 

liMfr.  It  would  be  of  some  service 
spendioi{  }'(>ur  lordships'  time,  if 
would  diHtiuj^uish  between  ob- 
itf  irtlservBtiooK ;  for  a  great  deal  of 
ktfen  taken  op  in  observatioos  on  evi- 
ladl  are  proper  afterwards  on  the  de« 

it.  WiUiam  Thompson  called. 

H^gell^.'  Mr.  Thompson  iaone  of  the 

i»  m&f  by  the  c«>nsent  of  the  lord 

Ir.tet  *•  well  as  of  the  rest  of  that 

jl  t]|^amnie  into  the  aceompts  of 

'  '^ftoosry ;   and  we  beg  leave 

^  iWmpt  delivered  in  before 

^  What  appeared  to  be  the 

llwt'saecompi? 

4hesappear  by  those 

layKpwiaceifbe- 


Ibm  year  loidshipa,  and  yonr  lordabipe  may  be 
jodgcs;  bat  I  beg  thev'maynot  insist  nnoii| 
thk  geotieaian  giviog  nis  opinkm,  in  order  ti^ 
affirat  BM  with  hia  --"— * —  —  '-' 


Soi^Oem.  The  origmal  aecompto  irebercC 
They  are  ea  yonrlordahips*  table.  It  will  he 
propnr  to  eiamine  this  gentlematf  at  to  that. 

Mr.  PAoRSMr.  I  beg  leave  to  make  one  ob* 


I,  and  I  bdiefe  it  mayprevent  knu- 
ig  your  hirdshipa'  time,  lliey  make  aa 
oDfecuon  to  this  evidence,  as  if  yonr  lorviihipa 
were  going  to  try  how  the  deHdeocy  wu  niadf 
up ;  wheraas  your  loidshipa  are  only  trying, 
woether  there  was  or  waanot  a  deflcieiiey. 

E.9f  MkceU^UId.  If  the  aoeompto  are  be« 
fore  yonr  hwdsbips,  and  lie  apoh  yoar  hyrd^ 
ships'^  table,  and  he  only  dedtte*  to  yoor  Ind* 
abipo  hia  obaervatioQS  on  those  accompCi,  tat 
vour  tordibipa  eaae,  and  to  save  yoa  some  lnHt> 
nle;  I  have  no  olgeetion  to  it. 

Seij.  Feiufiify.  Upon  the  alatiBf  the  ae* 
compc,  whidft  we  apjMwheod  ia  a  giatter  of  evi» 
dence,  when  a' gentleman  eompiitea  the  anm 
on  one  side,  andthe  saiA  oo  the  ether  aide,  wa 
desiire  to  know  what  ippears  to  Mr.  Thempaoa 
tobethedeAcieocyr 

Tktm^itm.  Ican'trdy  aneniByniemevjfSir 
tiMe  sum,  hat  I  have  lb  my  band  a  report  toade 
to  the  committee  of  eouiicil,  that  1  aigscd  wia 
my  namef  by  which  it  nnpeara,  that  Mr. 
Bfeller,  at  several  times,  fttd  to  Mr.  Bonrel 
190,000/.  That  Mr.  Borret  paid  oot  to  the 
aeveral  suiton  77,485/.  and  I  find  the  Clkarge 
remaining  oo  Mr.  Borret's  office  nnpaid  to  m 
suitors,  b  49^X5i.  These  are  the  sums  that, 
npon  examination  of  the  acoompts,  we  find  to 
be  right. 

Dr.  Seyer.  If  the  gentlemen  that  are  ma« 
nagera  tor  the  House  of  Commons  have  done, 
we  beg  leave  to  ask  Mr.  Thomiwon  thia  qiiea- 
tioo,  Whether  on  the  making  op  of  theae  ac* 
coonts,  any  executor  or  administrator  of  Mr. 
Borret  was  present  ? 

I%ompmm,  When  we  examined  the  aeooontf, 
we  understood  there  was  no  rapreaentative  of 
Mr.  Borret;  and  1  think  it  Is  pot  ia  the  re- 
port, that  we  could  get  no  acoonnt  bnt  from 
his  clerk,  Mr.  Godfrey  and  Mr.  Bennet,  two 
Masters  in  Chancery. 

Com.  Say.  What  books  were  they  he  formed 
those  accounts  fnim  T 

Thompum.  The  first  charge,  or  the  charge 
from  }iIt.  Meller  ou  Mr.  Borret,  was  tak«i 
from  Mr.  Meller's  account.  The  77,485/^ 
paid  out  waa  an  account  from  Mr.  Borvet'ii 
books,  made  np  by  his  clerk,  ander  the  iii*^ 
spection  of  Mr.  GiMffrev  and  Mr.  Bennet. 

Com.  Serj.  1  «lesire  be  may  be  asked,  Who* 
ther  he  hinoself  knew  those  to  be  Mr.  Bbrret'a 
books,  or  only' by  relation  from  other  persona  P 

ThomptM.  Only  by  pelatiMi  from  hn  cfork. 

Com^TSen.  Then,  with  sobmissiafo,  thcf 
must  go  further  before  the  balance  can  be 
token  nbtKC  of.  They  must  establish'  that 
these  hooka  are  Mr.  Borret'a  hooka. 

&£  Cfm»  WetavedoM  with  Mr. 


891] 


10  GEORGE  I. 


Serj*  Pcngeliy*  Vie  hope  the  counsel  for  the 
Enrl  impeached,  will  be  pleased  to  read  bis 
own  Answer,  whereiti  be  owhb  that  Mr.  God- 
fVej  aod  Mn  Ben  net  were  employed  bj  him- 
•elt  to  take  the  effects  of  Mr.  Borret  into  their 

«tJ5tc*dj, 

E.  uf  MaccUsfield.  If  I  apprehend  Mr, 
Thompson,  he  sa^s,  the  charge  is  taken  from 
the  account  gir^n  by  Mr,  Metier  himself,  1 
desire  to  know.  Whether  Mr.  Meller  was  not 
called  upon  to  discharge  himself  wf  the  money 
lie  hud  iu  his  hiiJidj,  before  be  surrendered  to 
11  r,  Borret ;  and  whether  that  was  not  the 
occasion  of  his  being'  there  ? 

Thompwn.  I  apprehend  Mr.  Meller  was  sent' 
for,  in  ordtT  to  ktiow  the  state  oF  the  office  at 
the  time  he  left  it, 

£.  of  Maiclcsfield.   So  he  QtLYe  aa  accouut 
how  it  stood  at  the  time  of  €jmlting^  the  office, 
1  what  he  paid  over  to  Mr.  Borret  ? 
ThonipsoH,  1  apprvbend  be  did  »o. 
Serj.  Pro//yn.    1  de^iie  Mr.  Thompson  may 
s  ftgked,  Whether  the  77,485/.  discharge,  wus 
'lakeiifrotn  the  relation  of  Mr.  Godfrey  and 
Mr.  Betmet,  or  from  the  books  lliemseKes:    or 
i»bitlier  be  did  examine  tike  biioks  himself? 
Thompson.     1  went  through  erery  jmiticular 
r>mi  Mr.  Midler's  accompt ;  as  to  the  other,  my 
neiitory  does  not  serve  me  to  auswer  parli- 
ularly. 

K.  of  MacctcKfidd.  Whether  they  did  not 
eport  at  that  time,  they  coiiM  not  take  the  ac- 
ompis  perfectly,  for  want  of' an  administrator? 
Tfiompfon*  I  ljdie%'e«  my  lordsg  \i€  mij^ht  do 
aud  I  bebeve,  ii  the  Report  la  turned  to,  it 
fill  appear  so,  I  don't  nicutiun  these  sums  as 
I  exact  accotnpt,  they  were  the  best  accompt^ 
fe  could  get. 

Mr*  Soytr,     The  qaestion  I  would  trouble 

four  lordships  witli,  hecause  it  is  of  great  con- 

i|iieuce,  13,  Whether  the  accompiof  nOjOOO/. 

rbich  lies  as  a  charge  upon  Mr.  B^irret's  office, 

pa  not  the  accompi  which  Mr.  31elkr  is  to  dls^ 

l^hargc  himself  by,  and  of  those  effects  for 

rhicTi  he  otherwise  remains  responsible? 

Thompson,     How  far  Mr.  JMeiler  is  to  dis- 
iharge    himself,  1  am  no  €om{jetexit  judge* 
l^hia  is  the  accompt  that  the  ofiicej  as  1  appre- 
nend,  stood  charged  with. 

Dr.  Stiyer,  To  put  the  *]iuestion  shorter^  whe- 
ther it  is  Uie  accompt  of  Mr,  Melter,  as  prede* 
cssor  in  the  office  to  Mr.  Borret  f 
Thompson.  1  apprehend  it  so, 
Mr,  Plummtr.    Whether  Mr.  Meller  did  not 
[produce  receipts  for  Mr.  Borret,  (or  this  whole 
lUccomptf 

Thtmpton.  To  the  best  of  my  remembrance^ 
Ir.  Meller  did  produce  i ouchers  for  every  ajr- 
[iicle  set  down  in  bis  accompt. 

Serj.  Probyn.  I  desire  he  may  be  asked, 
Jlrhelher  there  were  any  proofs  made  of  these 
lirouchers  ? 

Thomptifn.    What  the  gentleman  means  by 

proofs,  f   donU  know.     They   were    receipts 

[vnder  Mr*  Borret*«  own  band  for  the  whole 

lum. 

Com,  SerJ,    I  desire  he  may  be  asked,  whe- 


Trial  of  the  Earl  nf  MaccU^eld^  \Wi 

ther  he  is  acquainted  with  Mr«  fiofTctV  liaad- 

writing;  or  whether  there  wue any  j 


* 


0*  it? 

Thompion*  Mr.  Borrel's  elcrk  was  there,  ut4 
affirmed  every  reoetpt  to  be  Mr.  Borrei^a  hand* 
writiog. 

Com,  Serf,  I  would  ask,  if  there  was  my 
oath  made,  or  if  it  was  only  upon  his  word  f 

Thompion*     If  your  lordships  will  ||five  me 
leave  to  have  recourse  to  the  Report,  1  vnU  t^ 
collect  mvself.     I  canU  say  whether  Mr.  Bor^ 
ret^s  clert  was  sworn  or  no,  1  tiiiok  he  was 
do.'t't  iiud  it  set  down  in  the  lieport. 

Mr.  Ltitici/che,    1  would  beg  leave  to  ask 
question ;  this  Report,  ttrnt  is  signed  hy  hioi 
one  of  the  committee,  whether  it  wa»  laudle 
fore  the  co<mcil,  and  to  whom  delivered  ta,  ■ 
order  to  be  laid  before  tlie  council  ? 

Thmnpson,  Thia  very  Report  wai  defiveiti 
by  Mr.  Baron  Gilbert  to  the  eoauninei  if 
couucil. 

£.  of  Macclesfield.  I  hope  it  is  the  aame  that 
is  before  your  lordships,  if  it  is  not,  1  canU  ttfl 
what  to  say  to  it. 

8eij.  Fcngtlly*  This  is  the  orig^inal  Repoft, 
of  whicli  your  lordships  have  a  copy  on  jwst 
lordsliips*  table, 

E.ok'  Macdcsfetd.    I  desire  it  ma  J  be 
vered  inj  and  lie  upon  the  table. 

Mr.  Godfrey  called. 

Sol,  Gen,   We  desire  Mr,  Godfrnr  inay 
asked,  whether  upon  the  death  of  31  r. 
lie  was  directed  to  take  an  account  of  the 
of  bis  office? 

Godfrey,  Upon  the  death  of  Mr.  Borret,  my 
brother  Bcntiet  and  I  were  desired  by  my  kn 
Macclesfield  to  look  into  the  afliiirs  of  Mr.  Bei^ 
ret's  office,  and  see  how  the  accotnpt  stood; 
and  hkewiiie  to  see  what  leeurities  were  id  the 
Bank,  in  the  Exchequer,  and ;£ast  India  Ceoi- 
pauy,  and  other  funds.  Accordingly,  ' 
to  the  Bank  and  the  East  ludia  house,  and 
an  account  of  what  1  found  stood  in  his  i 
there.  1  lielieve  Mr*  Bennet  will  satisfy  y< 
lorilships,  he  went  to  the  Exchequer  and 
places.  1  applied  first  to  the  Bank,  to 
Hanger,  who  was  then  deputy  governor, 
he  was  so  kind  to  send  an  officer  to  search 
several  books,  and  1  had  this  accompt ; 
was  iu  Mr.  Borret^s  name  1,000/.  in  bL 
cent  annuities,  1,000/.  Batik  stock.  And 
I  went  to  the  East  India  bouse,  and  there 
240/.  East  India  stock  in  his  oame.  This 
ail  the  account  1  took. 

Sot.  Gen.  In  what  state  was  the  office  ui  gl» 
neral? 

Godfrey.  I  did  not  look  over  the  office-Jboels; 
I  believe  Mr.  Bennet,  who  waa  with  me,  took 
that  charge  upon  him ;  1  believe  he  is  capable 
of  givio«:  you  an  account  I  did  not  see  the 
office-books  at  all ;  hut  upon  my  talking  willl 
Mr,  Bennet  about  it,  he  found  there  was  men 
stock  and  security  in  Mr,  Borret's  name  la  Ibt 
sever&l  funds,  than  he  could  Bud  him  cbafgc4 
with  in  tbe^books  of  the  office. 

»crj.  Fengelly.    Whca  9tlx.  Thanipaon  %Mi 


I 


for  tligk  Crimex  nnd  Mhdimgan&rf,  A.  D.  17 to.  [854 


Dtleman  «nmiired  into  ibe  narticular  ; 
ber,  when  lie  ap|>e(ired  Ibcr^,  the 
ave  ill  was  a  true  acr<itiipt  ? 
"'IV  »ltc  best  of  toy  koowledge,  in 

0  Mr.  Borrel*8,  it  WM, 

en,     I  desire  one  questiao  more,  whe- 

1  usual  to  enquire  iuto  the  effects  of  a 
W«  QQless  there  u  reason  to  su9i>eGt  a 

IV.  I  ilon't  know  whettier  it  is  asua), 
■^mely  iiecensary.  When  ibis  ^d- 
K  exiMriiig  in  such  an  office,  having 
»  in  town,  nor  any  intimate  acquaint* 
tden  tn ys«?lf  to  take  care  of  bis  effect, 
loujfhl  tolake  some  care,  that  his 
~1  iKit  be  ijlondcred  ;  and  that  nvas 
ihttt  induced  me  to  take  tare  of 
bey  mig'lit  not  be  embezzled, 
'Whether  they  did  not  fiiul 
i  m  gfi'tat  coutucion  ? 
cy.  In  that  nart  ot  his  office  which  was 
ambers  in  tbe  Teoipte,  we  found  liis 
I  great  eonf«i§lon,  lyintr  without  auv 
or  or<ier.  We  collected  there  as  well 
iild,  and  what  things  we  found  of  value, 
[ingCtothe  suitors,  as  goldsmiths' do leS| 
der  hand  for  money,  we  put  them  upon 
lod  that  lite,  too  ether  ^ith  other  Httle 
es  we  found  helou^ng'to  bimfasring^, 
Itch,  were  all  put  in  u  bag,  and  staated 
r  Ben  net  and  myself,  Mr,  Ciraut,  who 
Boirtt'i^  lady*s  father,  and  Mr,  Grant 
l^rman,  who  *wa^  his  lady*R  uncle  ;  and 
Ut^m  info  a  trunk,  and  locked  them  up  ; 

vv  at  my  house. 
^  N  kianti,  I  would  ftsk  himi  wbe- 

Stt  ot  kin  did  not  refuse  to  take  out 
on,  because  of  tbe  deHnency . 
§erj.    Here  can  lie  no  answer,  hut  yes, 
Ili0p«,  gentlemen  will  not  ask  snch 

^meeUffieM.  I  desire  he  may  l>e  asked, 
Hy  adric«  wnsi  tri^  l'  tak- 

Htiot  takitit;  out 

Vfi  Mr,  C«rant»  the  nistif,  ^skun,  liiat  he 
ejitor  of  Mr.  IJorret^  by  bond,  (which 
WAS  aurpriEed  to  hear,  i  diil  nut  think 
i  may  man  a  shilliti|^)  between  Q  and 

ao  gre;it  a  creditor,  he  thoug^ht 

Imhtifltrstion  he  should  be  paid 
Mr.  IJovrei  had  l>eeu  in  an 
*  ^r«at  w<'i<fht»  and  (here  nas  a  ^reat 
could  not  tell  how  matters  stood  in  the 
tod  if  there  should  proTc  a  dc-*iciency, 
id  be  would  involve  himself,  in  tnkiiig 

n,  in  much  more  trouble  than 
f. 
khnd,     f  desire  be  may  be 

not  apprehend  there  would  be 

did  not  apprehend  at  that  time 

►  at^    ^'''  Tcncy.     He  had  been 

iiri^ ;  hehatl  hnd  op- 

-  t'>mself :  be  had  a 

rol^  hen  became  in, 

ibul^     ,  tlieivfort  f  was 

'   I  ^  ft  d«§ci«ncy. 


E.  of  Mactttffield,  I  he^  leare  I  may  ask 
Mr.  Go^h'rey,  whether  he  was  acquainted  rery 
well  with  the  affairs  of  Mr.  Borret,  and  knew 
his  circnmstances  P 

Godfrey,  1  have  had  sotne  years  te- 
quatntance  with  Mr,  Borret.  As  to  his  real 
estate^  1  was  not  perfectly  acquainted  with  it  t 
I  hsd  it  only  by  common  relation,  that  he  had 
an  estate  of  about  400/,  a  year,  or  rather  ^»et- 
!er ;  but  f  don*t  know  it  of  my  own  know- 
ledge, 

E.  of  Maecle^Jield,  As  to  his  real  estate,  you 
say  you  don't  know  it  of  your  own  knowfedj^e  - 
whether  are  you  particularly  acquainted  wiiU 
bis  persoaal  r>Nttite  ? 

Godfrrtf,  No,  my  lords. 

E.  of  Macclesfield.  I  desire  Mr.  Godfrey  t* 
infoi-niyouT  lordships,  what  he  said  to  me  after 
Mr.  BJrret*s  death,  wlieiher  there  would  be  a 
loss,  or  not  a  loss  in  Mr*  Borret^s  office. 

Godfrey.  I  can^t  at  present  remember 
what  discourse  passed  between  the  nf»ble  Earl 
anil  ntystlf,  up«JD  the  death  of  Mr.  Borret,  I 
belicre  I  might  say,  and  it  was  my  ouinion, 
thut  thtTe  would  be  no  deficiency »  I  bav« 
heard  his  estate  was  such*  and  I  knew  very 
well  that  hts  lady^s  fortune  was  so  much^  and 
that  he  disposed  of  a  placet  which  was  lb* 
Filazer  of  Yorkshire,  for  which  he  had,  as  I 
have  been  informed,  4,900i.  And  these  wer« 
the  rexisuns  that  induced  me  to  believe  tbers 
would  be  no  deficieticy  j  and  E  knew  very  well 
thai  I  could  say  of  my  own  knowledge,  Mr, 
Borret  lived  at  do  extraYajjaiit  rate  ;  for  1  am 
sure  all  the  time  be  was  a  Master,  and  in  town, 
be  never  spent  200/.  a  year. 

Sir  IVm.  Strickland.  He  saySt  he  has  bear4 
he  had  400/.  a- year  in  land  :  does  he  not  as 
well  know  that  that  estate  was  settled  upon  hi« 
family  and  children? 

Godfrfy.  I  have  heard  that,  upon  bis  mar- 
riai^e/smme  part  of  it  was  settled,  uul  whether 
all  be  settled,  or  not,  1  can't  tell. 

¥.,  ot^  Macckifidd,  Itseetnsihis  gentleman 
says  be  did  not  spend  $00/.  a- year.  Mow 
cnme  yon  to  imag-ine  that  b«  should  spend  »• 
more  than  200/.  a«year? 

Godfrey,  fie  told  me  so. 

E.  of  Macclesfield.  Where  was  his  family  f 

Godfrey.  In  the  country. 

E.  of  Macclesfield,  Wth  whomf 

Godfrey,  With  his  lady's  father  ;  and  whett 
he  was  in  town,  he  had  private  chambers  in  the 
Temple,  and  only  kept  one  servant,  and  ont 
horse. 

E.  of  Macctetfield.  I  desire  be  may  be  asked* 
whether  he  did  uol  once  intend  and  propose 
bimsrlf  fo  ukc  out  admini«tnition  to  Mr.  Bor- 
ret, and  if  he  did  not  take  some  ste|}S  to* 
wards  it  ? 

Godfrey.  I  bad  so  f^reat  a  concern  for  the 
office,  nnd  I  he  securities  wot  hfing  tran^erred 
to  a  proper  hand,  that  I  was  utlhnif  to  take  out 
administration,  rather  thin  there  should  bv  any 
clamours  on  account  of  the  neglect  ol  buHiuei* 
in  the  office.  But»  n^y  lordv,  upon  constder- 
jRjf  th«  matlf r,  J  did  not  appreh«ittd  that  i  ^ 


I 
I 


895] 


10  GEORGE  h 


Trial  of  the  Earl  qftfaeckifU^ 


Iflo  fit  A  pppfioo  fiir  that  frurpoae.     I  was  not 

l^ery  youiitf  utv^elf't  1  ii^tJ  two  cliiMren^aoH 

those  young^;  [  «iJ[m*henrled  tiint  il   1  should 

frop  otf  be! ore  tUint^^  were  s+'Uled,  ll»e  c»8c 

Dig  lit  be   Kiill  the  sstrwe  as   1    found   tb^m : 

Jlher^fore,   1  desired   1    mi<rht  bave  smnehotty 

Joiued  with  mc  in  lb»»i  iroublesome  atlWr,  fori 

l4ld  ibrejiee  a  ^ood  deal  otimubk  iti  if,     Hom  * 

W9Wtf  1  said   I  wtifi  wdltojf  to  *  u^tje  in  it,  if 

nqfir^Tber  JoUu  Ct^nnK  wiTPjomt'd  witb  ftn*, 

mibcr  tban  there  shonld  l>e  ao\  rlktmmir  upon 

the  office;    und  I    persuaded   bitii  to  do   ihe 

^m  same;  uiid  accorditii^ly^  I   wetit   down  tu  tbs 

^H         Comii>ori:9,   to  see  it    .idii>ioii>trtUion  could   be 

^*  ^miiUMf  to  m  t^vo.  The  rt'latjoii*  in  the  coun- 
try, and  those  people  concerned  tor  itiem,  were 
feiy  willitic^  Utnt  adtiiuiisiratiou  should  be 
graiiteil  to  Mr,  Bennei  and  mys^lT;  and  ac< 
cordially  process  was  sent  to  cite  the  chddren  ; 
ttod  tl)»t  doDCf  as  I  am  iiit'ormeilt  sentence  was 
l^iven,  that  I  and  my  brother  Bennet  should 
ha?e  the  adroitii^iiraiion,  Bni  then  ibis  un- 
tiappy  enquiry  coming'  out,  u'e  did  not  know 
wbaisituaiiou  we  mi^btbein^  ;ind  for  that  rea- 
•on  1  fJechned  it. 

E.  ot  Mucctnji^id,    Uas  Mr.  Borret  a  wife 
liviti|^»  iM  i*  she  dead  ? 

H  Godjrcif,     His  lady  died  a  moDth  before 

^l         him. 

^L_^  E.  of  MaccleifielfL   What  age  m%  hiscbil- 

^^■Igken  ? 

^P^^  GoJ/tti/^  The  eldest  is  about  three  years 

H        old,  and  tlie  youngeat  about  tiro^  ds  I  am  in- 

H       tbrmed  ;  1  iie?er  saw  tbeiu* 

■ 

■        ofii 

H 


I 

I 

I 


tbrmed ; 

Mr.  John  Bennet  was  called  and  sworn. 


Sir  Win,  Strickhnd,  Tlie  question  I  deMre 
he  may  be  asked  is,  whether  he  did  not,  npon 
the  ouqntry  into  the  affuirti  of  Mr.  llorrei's 
office,  apprehend  thai  there  was  a  deficiency  ? 

Jr  Bennet,  I  did  hear  it  reported  that  ifiere 
would  be  a  great  deficiency  in  that  office,  at 
the  time  1  was  desired  by  foy  lord  l^faeclesfield 
to  look  into  it;  and  I  whh  llkewt:^  infbrroed 
aonn  after^  that  there  was  like  to  be  do  de- 
ficiency. 

Sir  iVrn,  Strickland.  I  desire  he  may  hm 
asked,  how  he  lound  it  ? 

J,  BcKnet*  I  t'miud  his  paper's  nnri  nrrnmptS 
in  the  uiino**t  conftidon.      Ilia  vere 

mostly  in  looae  papers  i  there  w.  jv  in- 

dee^t,  but  thnt  extended  no  farther  than  to  the 
Cbriirtiiiaii  before  hia  death,  witicli  vras  near 
three  qii»rter«  of  a  year  before  lie  died.  fVlr. 
Godfrey  desired  I  would  join  with  tiini  in  takioi^ 
out  admin uiration  ;  after  a  ^ood  d€iJ  of  iotpor- 
tuuity  I  did  consent. 

^r  Wm,  SirifklufuL  I  desire  one  question 
more,  H«  aayn  he  was  informed  !(4>ou  alter, 
there  was  like  to  be  no  deticieney  in  the  ofti*re. 
]  dc»ire  to  kcKiw,  whether  be  did  iufi»rto  the 
earl  of  Maccle^£i«ld  there  was  hk«  to  be  no  de- 
ficieocy  ? 

/,  Bennet,  No,  1  4ui  aot ;  \m\  1  did  inform 
hint,  that  there  wo*  not  su  grrM  a  drli(*)ency 
as  waa  refturleilr  which  w^w  «5  or  3i>*«>iU/.  J 


lookiai 


thin^  was  in  the  ulmoifit 
qoninted  my  lord. 
I  E.  of  Mardc^field,  I  di^tre  he  may  Watkftf, 
I  whether  lie  did  not  inform  me,  iHot  he  tannA 
ttiore  alock  in  Bt^rrct's  onme,  m  tJic  iMMkkm  vt 
the  itrireral  companiee,  thau  b«  C4»uld  fiad 
ch a r:red  upon  hiiu  in  the  offioe? 

J.  Bennet.  Not  to  my  retuembranee ^  far  t 
did  not  if»ok  into  the  stocks  of  the  compaaiM; 
that  w]i»  Mr.  Godfrey  Vbusiiiesa. 

E.  of  Afticclcfjicld.  Vou  then  lOoked  talo  bn 
books?— J.  Bennet.  1  did  so. 

V..ctf  Macclerfietd.  Tf: 
into  his  books,  aud  Mr.  < 
the  CompnnicK  books ^  ani. 
gel  her,    I  desire  you  would  inform    my 
whether  you  did*  not  take   mc>re  to  l>e 
name,  than  he  was  charged  Willi  tn  the 
the  offi<e? 

X  Bennet,  Upon  Mr.  Godfrey**  aoeoi^' 
there  ap[»earei1,  u|H>n  casting-  it  up,  to  be  UMrr 
stock  iu  his  oarne  than  the  liecitriliea  be  mm 
auswerable  for  to  the  Court, 

E.  of  Macekfficid,  He  has  MitcJ,  he  tmM 
not  tell  what  the  deticiency  wouht  (ip,  liemiiit 
he  could  not  make  up  a  regular    >  I 

desire  be  may  be  asked,  wbethti'r  h'  I 

roe  that  be  believed  there  wonbl  ue  no    «ir» 
ficiency  ? — /.  Bcnrtrt,  No,  1  did  not. 

£.  of  Maecksficld.  Did  you  not.  uiioti  yma 
oath?  *      ' 

J.  Bennett  After  Mr,  Borret'm  death,  I  M 
saj^  to  several  people,  whim  they  were  rlaim* 
rous  (but  whether  J  said  so  to  my  lord  Mao^ 
cle!>field,  1  can^t  tetf),  Ihnt  nijon  ihebMtii^ 
count  1  could  make  of  his  oati4i3«ed  aUfl» 
there  would  lie  a  deficiency  of  4  or  5»O0O/*  ail 
1  tielieved  not  more. 

Com,  Serf,  Thour;b  Air.  Uennet  .!  ' 

into  the  books  of  the  public  chdu, i 

whether  he  did  not  exaniitie  at  the  ExchtsauO 
upon  that  occasion  ? — J*  Bennet,  Yes. 

CoHK  Serf,  I  desire  he  may  be  aKkerl,  whe* 
ther  he  did  not  tell  Mr.  Godfrey  attcrwaHs, 
that  u^Kin  wliai  appeared,  there  w^mldbeaa 
deficiency  ? — J-  Bennet.  Ntt. 

Mr.  PUannur^  Mr.  Bennet  has  said,  oM 
compartii|f  the  books,  he  tbuoil  mortf  stock  ai 
Mr.  liorret^a  name,  than  he  was  charj^l  wilb 
to  the  Court.  1  desire  he  may  t^  lu&ked  if  h« 
found  more  stock  than  the  money  and  tt^e  df* 
fiTCts  he  was  chargfed  with  to  the  Court  f 

/.  Bennet,     No,  my  lorils,  the  be«t  calculi* 
lion  1  oouhl  make,  was,  liiat  there 
or  5,(KiO^,  deticient, 

l!k'rj .  Fengeliif,     We  shall  leave  t 
with  this  oh^ervHtion,  that  Mr.  Bi»r 
Boken t,  ami  a  dvbtor  t  o  th  e  su  m 
of  which  we  hiive  g"ivea  full  rv 
Mr,  Tliorsum  *vaK  admittf  *t  n  i  ^  t 
the  Earl  impeachoil,  wiilvit   |Uo 
hMstion  to  the  suilord  of  the  C4mti, 
far  tbt-tr  deiis :  if  that  was  done, 
the  nobb'  lord  to  prove  it. 

Mr.  OnMkvi^      My  lords,  lh» 
10^  taadi'^fH^d  tit. I!  part  of  ilieir  Imjioa^ 
by  whicbtlieeafiof  MiodMiild  it^ndschargiA 
4 


il  has  1 


J6r  Wgh  Vrifim  tmi  HKsdmeanors. 

mklk  fxlftftiug  WKoy  ipreat  and  ^iktravft^ant 

snmtof  moii^y,  for  the  luImiRfiion  or«4»vi'ml  of 

I  the  Mwfter*ot  the  Court  of  Chunccry  mto  their 

»|irrtiTc  offices :  Wf>  uh^U  now  proccetlf  my 

lis,  10  (support  the  Elev«otli  and  Twelfth  Ar- 

'lidrm,  whicb  C4)iaVm  tnanv  corrupl  practices, 

^ittied  hv  (lie  *^'Md  Eir],  to  adrance  aod  eoci'ease 

,  arising  to  himscelf  from  the 

al«  m\  of  tboMf  employnieDts. 

1  1 1»  Article  eh»rf;es  htm,  my  lords, 

kwilii  -  s^Ter^l  persons  to  those  offices, 

|iirfio»uti;  I   tJicir  adminsion*  wure  of 

III  I  ubilityt  and  highly  unfit 

\iy  the  itsiuro  of  iU*;ir 

toi  ti  vnts  to  he  placed  in 


A,  D.  rfs& 


I  Mwlcfs  in  Cliaiicesy>  my  lords,  bsTe^  of 

^rrnsurersof  that  Court; 

rouey  and  ih«  effects 

Hi^„.  ..,,..  ,..c i;  bronf^hi  tb«re,  my 

s^  not  tty  the  choice  aail  ^soosent  of  the  par* 
f  tissi'mjc^rn^-d.  biii  )iv  the  compulsioo  ot  the 
Cvi<  4  b«tt«rr  ei^curity :  hut 

Mil  out^  thsc  this  pre- 
k  M^uniy  bft4  METVod  only  to  delude  I  he 
I  of  the  Court  ioto  a  JaJjie  cjuiet,  whiliit 
Wyk  cttatflabsvsboen  made  a  prey  to  uafamous 
|«totk-jolibsra«  aed  wamooly  wasted,  l»y  Bome  of 
f  IbMit   t0  aiipport  tke  exti'svagancy  of  their 

Tliff  fijrmiK'  ,         '     '.  of  orphans  and  (uQB«> 
ikasrr,  frc«tti  «^ioii  of  otirf^ovcm- 

tticai,  s  pitrt  (*i  .ii<^  I  fiTi.'  f)f  th4»  Court  ui  (.'ban* 
«|ify ;  Slid  have  liccn  todf^ed  in  tbe  hands  of 
as  a  pltJCft  of  Hincloaryj  till  the 
should  become  capable  of  uianag^in^ 
( ttienm^JVi's:  when  they  cotue,  my 
their  fortiuit*St  he,   \«ho  wss 
judge  io  a  court  eatoblisbed  for 
rrtbaf;  be,  M^ho  wan  the  great  guardian 
nfanti  anri  Innritti  h,  wilt  be  found  to  have 
keri  of  the  weak- 
V  of  the  ulber,  Io 
<M  b^ipU>^  coudiiioa  a  means  of  their 
nd  of  tlieir  |«rotectiori. 

'r<1»,  is  tile  oatnrf  nf  Uie  trust  re- 

-liifcteniiif  tbel'ourl  ot  Chancery, 

itH   )it,ethey   h»jve  lie»'0   [M^nnittcd  tu 

il»    *rbij  mriiioi-.ji  lift  the  trust  Hill 

J    !— <  >  -  s^  wL«i  precautions  a  Lord 

•  •  have  ttiken^  an  to  the  offi- 

v^. .  ,.i  ,i,,v..»f,„n^*  aud  the, 

bin  triifll,  ■'  bow  liltli; 

Ik  I II,  \  s  to  provide 

iunaibic  meot  for 

^ ;  but  who,  my 

Mors,  and  io  ib*' 

(  of  the  kingdom, 

i.^i  Court  of  C  ban  ctry  ; 

ry  of  FiTwiire  fourscore 

^ti  (be  Mas- 

ips  may  be 

II  notice,  of 

uiir*  to  he  n 

^-^ri'  (uinntted  by  hiin. 

It.  ai  to  this  Article^ 

rj^  ot  tkmm  liaicttitcMS]  ii 


would,  vvc  apprebaod,  he  sulScifDt  to  evince 
what  Ibe  Commona  bate  here  all ^^ffed.  Thus 
nersons  of  small  sabctance  and  nbdity,  have, 
oy  the  Enrl  at  the  bai\  been  prd'encil  to  be 
Msfiters  of  the  Court  ol  Chi/otiery.  Bot,  tny* 
lords,  to  brin§r  ^hi^  cbnr^e  *(ti!l  nearer  to  tbti 
Karl,  we  have^it  in  proof,  ami  Kirontfly  so,  that 
little  or  no  enquiry  ws»  ever  made  by  him,  into 
the  characters  and  circuin stances  of  those  he 
admitted  into  these  ofiicc^.  That  in  fact,  injf 
tnixts,  they  were  men  of  very  tnean  fortunes. 
No  secnrity  etrer  re<)uifed  of  them  \  which  stiti 
made  it  the  more  neceftssry,  that  their  owtt 
ability  should  be  tborou&:bly  looked  into  ami 
well  npprof  ed.  We  shall  shew  vour  lordnhipa, 
thtttth  *uf  thera,  wUli 

ibrty.  iQ  the  amount 

of  u  butiiiivij  ui(Hi'<,<«ia.i  piruiii]:^  iti  (rafili  and  se- 
cunties :  and  yet,  tny  lords,  no  uiher  titui^^  watf 
miide  of  tbrs,  but  to  enhance  the  price  of  th#  | 
office,  when  it  was  to  bt  sold  and  baneretl,  for 
the  beneCit  of  the  Earl.  The  ar^rument  ttsed, 
to  brro^^  up  any  person  to  the  rate  the  Earl  in- 
sisted on,  was  the  largene^ts  d'  the  sum  to  h& 
transferied  to  the  purchaser.  The  teiupiatimi 
yiencrallv  succeeded  :  the  reason  your  lordiihipa 
will  easily  imni^ioe;  and  %%hen  the  price  wss 
thus  agreed  upon,  no  other  qualiticaUon  wo^ 
reqoirfB,  the  i»€r«on  stood  ri^iht  ift  the  Earl** 
optniou,  Jind  was  thought  proper  to  be  asso* 
ciated  to  him. — Were  it  only  that,  my  lords^ 
tbeComtnons  would  not  hate  troubled  vour^ 
lordshi^itt  with  tlii^t  Article,  but  to  be  associated 
Io  him  m  the  adtuiuislratron  and  execution  oP 
jnytire,  and  to  be  entrusted  with  the  fortune*' 
i>f  whole  fHOiilieSf  wboae  only  soppier*,  per- 
hspa,  de^>etided  on  the  ability  and  iuleigrtty  of 
these  men  :  bow  well,  my  lords,  the  Earl  con* 
suited  in  the  appointment  of  these  officers,  th«^  " 
honour  of  that  public  ja<)lice  they  were  to  assist- 
him  iu ;  what  regard  he  has  had' for  the  interest 
of  those,  whose  estates  he  thus  fluog  into  their 
bands,  the  endenoe  we  shall  proiluce  to  your 
lordships,  and  your  own  obserrutious  upon  it* 
wiil  abundantly  shew,  notwithstanding  bis  tiat 
denial  nf  th^s  pnrt  of  the  Char^. 

1  will  trouble  your  lordships  but  with  one^ 
|>ariicubr  moic  in  this  Article,  and  it  is  whar 
the  Article  concludes  with.  A  remarkable  de- 
claration by  the  £arl,oftbe  ability,  and  other 
qusiificjitions  of  the  Rlustcrs,  pai  tu'iilrtrly  those' 
promoted  by  hitn ;  and  tbfs  bup|iened,  my' 
lords,  upon  as  remarkalile  an  occasion »  A  ttry*  1 
honourable  prrson.  tbi^n  a  judge  mtso  in  that 
Court,  and  >  at  the  head  of  it,  hanng 

seen   with    >  >ti,    the  bsvoc  that  was 

making  of  Uie  efletti*  of  the  suiters }  out  of 
compaj^ion  to  tlicm,  and  from  a  xeal  for  jus- 
tice, endeavoured  to  put  sofiie  stop  to  it,  iu  an 
instance  that  came  within  hia  co^uizance.  An 
order  was  made  by  him,  my  lordi»,  ou  ooc  of 
the  Masters,  to  aHow  some  profit  to  a  suitor  ' 
arising  from  her  own  money,  which  the  Master 
designed,  as  it  was  tbauglit,  to  hare  sunk  ttr 

his  own  use.    The  Ma^iter  r*v  -   *  •  '   "^-'' 

grieved,  and  fled  for  re< In- 
then  Lord  ChanccUor,  thi:  ^^.^   .«v,^   ...v 


$09] 


10  OEOflGE  I. 


Trial  o/the  Earl  ofAfaeelttfieU^ 


poo 


your  lordships'  consitlc^ration  ;  and  he  wis  se- 
curer in  so  ilnmjr,  (or  lUe  order  was  imrnediaWly 
diiichortreil ;  nud  then  it  was,  ni>  lords^  to  od- 
?iate  the  clamoar^  that  were  breaking  out  fronn 
aW  mytls  or  people  tigii  in  St  ibe  Masters,  that  the 


constitution  of  the  kingdom^  httte  le 
into  his  ^lower. 

Mr  P«/mer*    My  lords,  the  g^otlemsii  tint 
apoke  last  has  fulty  opened  the  evidence  ot  llift 


Marl  did  in  o^ien  cnuri,  then  silling  as  Lord  |  Eleventh  Article,  and  has  shei«'n  to  your  lord' 


Chnnrellor,  hi  Ills  judicial  capacity,  declare, 
thai  »he  present  Masters  were  ncien  of  as  great 
brohjiy,  tiirtunes,  and  ahiHties,  as  any  set  of 
^Ia«*TerM  thai  ever  were  in  tliat  Court ;  and  that 
he  hud  had  the  saiititaclioD  of  putting  in  most 
i}i*  Ihetu  iiim^elf.  A^  this,  my  lordt,  was  spoken 
it)  ^reiieral  of  ihem  all,  but  wiih  a  peculiar  re* 
gard  tn  those  he  had  adoiitted  ;  the  Commons 
liave  laid  it  to  be  to  the  mauit^t  deceit  and  iu- 
Jury  of  the  suitors  of  the  Court,  which  they 
arejuniified  in  doing,  by  the  thing  itself  being 
fai.se,  hy  tlie  proof  we  have,  roy  lords,  that  the 
£arl  must  know  it  to  be  false,  and  by  the  re- 
•ambiance  it  bears  to  that  series  of  otCer  mean 
artifices  he  had  long  beeo  practising  to  give 
n  counterfeit  credit  to  these  corrupt  ofiiccrs. 
A  credit,  my  lords,  he  was  sooa  lo  receive 
•ome  benefit  from:  for  the  witness  will  in- 
form your  Jordidiips,  that  a  vacancy  of  a 
RIaKter  in  Chancery  happned  the  day  before 
tliiii  sigurficaut  and  memomblc  declaration  was 
made. 

^  My  lords,  the  Com  moos  ha?e  made  this  Ar* 
tide  a  part  of  their  C'harge  against  the  earl  of 
Macclesfield,  as  being  th^  great  source  of  the 
eril  that  in  likely  to  befal  the  unhappy  sufferera 
ID  the  Court  ot  Chancery  ;  and  as  it  was  the 
means  he  made  use  of  to  draw  to  himself  tho^e 
extravagant  sums  of  mooey  wc  have  proved 
liim  to  have  received:  for  men  of  small  for- 
tunes, my  lords,  as  they  have  more  temptations, 
so  they  run  less  hazard  than  others  iu  preying 
upon  money  that  b  entrusted  with  them ;  and 
it  is  this,  my  lords,  that  ep courages  such  men 
to  give  exoruitant  rates  foremploymcuis  which 
afibrd  them  those  opportunities* 

Thus,  my  lords,  I  have  opencil  to  your  lord - 
«hipH  I  he  substance  of  the  Eleventh  Article,  and 
the  nature  of  our  proof  upon  it.  The  Twelfth 
Article  will  be  opened  and  eoforcetl  lo  your 
lordships  by  the  4jt?ntleraan  who  is  to  come  afler 
me.  I  iiball  therefore  detain  your  lortlships  no 
louder  than  to  make  this  one  observation,  that 
as  the  office  of  a  Master  iu  Chancery  is  of 
great  trust  and  importance,  that  as  these  of* 
ficersare  appointed  to  this  tru&t  by  the  sole  dis- 
cretion of  the  Lord  ChsDcellor ;  aud  that  the  ef- 
fects of  the  suitors  of  the  Court  are  deposited  in 
their  cuaody^  by  his  immediate  ordei-s,  which 
he  might  have  placed  in  safisr  hands  if  he  had 
thou;^bl  lit ;  he  becomes  by  all  this  in  the  na- 
ture of  a  superior  trustee  for,  aud  h  therefore 
justly  answerHble  to,  the  suitors  for  the  beha- 
viour of  these  mer>»  So,  my  lords,  in  sotne  de- 
Ipree  mav  the  public  be  thniigbt  ansiverable  for 
him  ;  wliicb  ma  It  en  hi^i  guilt  without  measure, 
who  has  thu>*  brought  a  disgrace  upon  his  coun- 
try, by  proNtttnting  one  of  its  highest  courts  of 
justice  to  his  own  avarice  aud  corruption,  to 
llie  rapine  and  corruption  of  his  loferior  of- 
ipKt'Si  and  tQ  ilie  uitdotDg  of  tho^e,  whO|  by  the 


ships,  that  for  his  own  private  atid  iUegml  giia* 
the  impeached  lord  did  commit  ibe  monty  M 
effects  of  the  suitors,  to  men  nu  wayi^f  wah* 
stance  sufficient  for  so  great  a  trust.  The  1^ 
Article  will  lay  before  you  a  most  com 
lifce,  used  without  controul,  while  the 
Chancellor,  by  which  this  illegal  §[iuo 
meiisety  iucreWd ;  and  whereby  those  Mi 
of  whom  the  Commons  complain  in  tfa« 
ceding  Article,  were  tempted  and  enabi 
buy  tlietr  offices  at  eictravagant  priceftr 

Vonr  lordships  will  see  what  methods 
used  on  the  admission  of  Masters  in  Cham 
great  sums  were  paid  for  the  surrender*  mod 
missions,  and  tJiose  sums  were  takeji  front 
money  of  tlie  suitors ;  sometimes  the 
money  was  borrowed  :  but  after  ad  mis 
paid  trom  the  cash  of  the  office ;  book;! 
value  of  the  purchase  was  Iet\  in  the  surm* 
dcring  Master's    hands  i    whatever    dii 
ways   were  tal<en  at  the  begiimiug,  thejr 
tended  to  this  ;  the  suitor?!  wt:re  to  make  I 
purchaser  easy,  and  the  peo|)le  were  penusdrf 
to  bid  high,  by  being  told  how  easily  the  Ift 
sums  could  be  rais^. 

It  was  a  common  recommendation  to  a , 
ch:iser,  to  tell  him  how  much  cash  was  in  tlae 
fice  ;  and  that  he  need  not  be  afraid  lo  lallic 
any  contract  good  ;  money  would  hr  ready  if 
soon  as  he  was  admitted ;  your  lordships  mil 
see  ttie  consequences  of  such  recoromea 
Masters  did  otfcr,  and  give  more  than  c 
presumed  they  were  worth,  the  suitore* 
was  at  hand  to  make  good  the  bargain ; 
these  are  the  I^f  alters  in  whose  o^oea  ij 
the  greatest  deticieucics» 

It  wilt  appear  to  your  lordships*  that 
Kynaston,  and  Mr.  Thomas  Bennet, j» 
their  places  in  tliis  manner*  Mr.  K3 
discharged  a  bond  of  6,000/.  to  his  prcdem* 
sor,  by  giving  a  receipt  of  the  same  valuew  Mr* 
lleonrt  gave  a  receipt  to  his  nredeoesaor  fit 
10,000/. :  both  ackoowledgetf  a  traiiffer  d 
so  much  of  the  suitors'  money,  the  one  reodved 
but  9/.,  and  the  other  1,500,  liie^  rest  was  k^ 
back  as  part  of  the  price  of  their  office  ;  and  if 
DOW  a  part  of  their  deficiencies.  How  gr«lS 
their  deficiencies  are,  may  be  observed  to  y 
loi  dsliips  ;  Mr.  Ben  net's  is  near  10,00U/.« 
Mr.  Kyuaston*s  above  £0,000/. 

This  is  the  practice  the  impeached  lord,  in 
AnswiT,  declares  himself  totally  iguoraiit 
and  is  what  the  Commons  declare  he  knew, 
connived  at,  and  enc^iuraged  ;  and  as  the  J 
have  been  always  careful  to  aver  notbiog  but 
what  tbe^  are  satisfied  will  be  fully  oiaiil* 
tained,  this  Article  will  be  supported  by  proofs, 
that  the  impeached  lord  was  well  informed  of 
what  he  now  denies  the  knowledgtf  of;  that  it 
was  the  subject  of  his  discour!^e,  and  lliat  ha 
fearedj  aad  eodotvourcd  to  prereatu  diMOfi 


I 


fit  High  Crimes  and  Misdemeanors.  A.  D.  1725.  [908 

Thompson,  ttid  IMr,  Hanerer,  three  of  the  cJt- 
fpctors,  arnl  r>fie  of  tlient  de[mty  gov*»i  imr  of 
«i,«   i>^..L  ..r  i:*«,-i--.i    1,..  .K..    «. .1    Li....««^ 


And  your  lordsbips  will  find  bim  obsemnj^ 
Ihe  accomits  of  i^ome  of  the  Masters,  as 
ey  were  given  in  on  the  late  enquiry,  That 
were  given  in  in  the  worst  manner ;  that 
bey  shoutil  convince  the  wurld  that  they  paid 
br  tlieir  places  out  of  Ihe  suitors*  inoney  ;  and, 
hftt  they  ivould  at  htst  discover  what  he  had 
Jirays,  u  hen  asked,  taken  care  to  deny. 
The  impeached  loriL  admits,  iti  Im  Answer, 
hat  he  ne* er  caused  any  schedules  tn  he  made 
'  the  Ruiiors'  etiects,  to  be  transferred  over  to 
BCCf^din^'  Maaters  ^  thai  it  Ha«i  what  his  pre- 
^^ssttrs  never  diiL  before  him)  and  thai  if  the 
ttnsequences  alleged  hy  the  Commons,  have 
en  from  this  practioc,  or  the  not  ordering 
h  schedules,  he  thinks  he  is  not  crlminHl. 
_  ly  lords,  the  Charge  of  the  Commons  is  jjc- 
eral,  that  he  knew  the  abuse,  and  took  no  care 
I  reform  it ;  if  he  had  taken  care  that  the  ef* 
i  of  thesuitoriahoutd  have  been  transferred 
flute  ;  if  he  had  ajipoinled  any  one  to 
rerlook  the  transfer  ;  if  he  had  taken  any  me- 
1  at  all  to  be  asuured  that  the  effects  of  the 
ors  were  duly  made  oirer  according^  to  this 
r  of  transfer,  ihe  Commons  wynhl  not  hare 
tged  as  they  haved<me^  and  perhajis  he  had 
t  this  time  appeared  6o  nig-h  your  lord* 
us'  bar. 

Hut  if  the  impeached  lord  thinks  he  is  jn6ti- 
1  hy  saviiJj^i  it  was  nf>t  his  iluty,  and  there- 
bre  the  omission  no  offence:  the  Commons 
r,  in  their  Article,  that  it  is  the  dnty  of  the 
Chancellor  of  Great  Britain,  to  superintend  the 
lusters  and  their  accout^ts  ;  an^l  it  is  aubmit- 
eel  to  yonr  lordships,  w^hether  he  h  not  crimt* 
il,  if  he  *nflers  money  deposited  by  the  ordere 
his  Court  in  the  hands  of  the  Masters,  to 
e,  without  order,  conveyed  or  \et\  m  private 
bunds. 

I  ^hnll  say  no  more  to  your  lordships  on 
hU  Article,  hut  leave  ihe  proof  of  it  to  the 
ridence. 

Serj.  Pengdl^,   My  lords,  the  proof  in  snp- 
V  ot  these  Articles,  w  ill  go  to  ihem  hoth  pro> 
iscuously.     In  the  lirst  place  we  Uegleate  to 
ew  to  yonr  ]ordshi(i«>,  the  several  orders  of 
which  stale  tbe  deticieocies  of  aeferal 
era.  * 

Mr.  Rulpk  Paxion  sworn. 
Seij.  Pefigetiy.    We  dcaire  he  may  be  asked, 
whether  the    papers    he    pnnluce.s,   are    true 
eopiesi  of  the  orders,  examined  by  the  books  iu 
the  odice. 

pGjim,    My  lords ^  they  are  true  copies,  I 
O&oittied  them  ? 


^L  LoRiMi  Com.         Oeldo  Cdrij^ 

^K  Veneris  29  Die  Januarii,  17  U 1-5, 

H*    Whereas,  hy  ao  order  made  hy  the  ri^ht  hoti. 

^nhe  late  Lord  Htf^h  Chancellor  of  Great  Dri- 

^BlAin,  the   17th  day  of  Decfndier  U&t,  it  was 

^tffHier  aP)  ordereit,  That  the  Bank  notefi^  and 

Other  effects  therein  specified,  produced  before 

Jllr.  baron  Gilbert,  Mr.  justiee  Dentoij,  and 

fir.  justice  lUymood,  fir  Natht  Gvoid,  Mr* 


the  Bank  of  Eofrland,  by  ihe  several  Mamers 
of  this  Court,  upon  the  examination  of  their 
accompts,  lor,  or  tot^ards  nnswrrin^  tbe  ba- 
lance of  cash  admttte^l  by  their  said  accompts, 
to  remain  in  their  respective  hands  belong^ino^ 
to  the  suitors  of  this  Court,  shnuhlhe  deposiie<l 
in  several  chests,  and  that  ihen  the  said  chests 
should  be  locked  up  and  lelt  in  the  custody  of 
the  Bank  of  England,  iu  such  manner  as  by 
the  said  order  is  provided :  and  i^bereas,  the 
Masters  hiid,  in  their  several  accompts,  givea 
in  particulars  of  stock  and  of  annuilUs,  trans- 
terahle  in  tlie  books  of  the  several  comnaniet, 
standing  in  their  names,  which  belonged  to  the 
several  suitors  of  this  Court,  or  as  their  own 
proper  stock  annuities,  by  which  part  of  the 
balance  of  cash  in  their  bands  might  be  made 
good,  or  secured.  It  was  further  ordered. 
That  they  should  each  of  them,  forthwith,  de* 
liver  into  the  respectiTe  com[>unie9,  a  declara- 
tion in  writing,  wherein  such  stock  in  each  re- 
spective company,  or  the  annuities  there  trans- 
ferable, as  by*  their  respective  accompLs  ap- 
peared to  belong  to  the  saitors  of  the  Court, 
and  likewise  the  stock  and  nnnuitien  by  them 
respeclivelv  [»ropose<l  towards  making  good,  or 
securing  their  halauec  of  cash,  or  so  much 
thereof  as  should  eqiml  the  balance  of  theif 
said  aceompts  ;  in  case  they  had  in  their  names 
more  ihun  sufficient  for  that  purpo.se,  should  be 
declared  fo  be  upon  trust  to  attend  the  orders  of 
this  court :  and  it  was  further  ordered.  That  the 
said  several  Musters  $tliou1d  forthwith  give  to 
the  said  Mr,  baron  Gilbert,  their  post  accomptR 
of  their  receipts  and  payments  since  the  former 
accompts  j  and  by  a  subsequent  order  of  tbe 
91»t  day  of  the  said  December,  [t  was  ordered, 
That  the  several  and  respective  Masterj*,  whose 
dfects  «<»  ortlere'd  to  be  se< Hired,  diil  not  uuiuunt 
to  the  vrhole  bahince  of  ihe  cash  adiuitted  by 
their  accompts,  tu  be  in  their  hands  should 
forthwith  secure  the  rest  of  the  balance  ^f  the 
cash  appearitig  to  be  due  on  their  res  peel  ne  ac- 
counts, by  deposiiing  in  like  manner  Bank 
notes,  or  other  effects  to  the  amount  theretif,  or 
enter  into  a  recognizance  in  a  ctitnpetent  sutn 
of  money,  with  two  or  more  sureties  tv  bf  aj>- 
profed  «d  by  Mr.  bHrau  Gilbert,  Mr  justice 
Denton,  and  Mr.  justice  Raymond,  or  any  two 
of  them,  for  duly  answering  Ironi  lime  10 
time  as  this  Court  shouhl  direct,  f^urh  sum 
and  sums  as  the  rem»ming  deficiencies 
of  their  said  res|»ertive  balaaces  amount 
unto.  And  wheivas,  Mr.  Edward  Con  way, 
one  of  the  Masters  of  this  Court,  rlid»  oil 
the  19tb  instant,  attend  the  right  hon.  the 
Lords  Commissioners  tor  the  custody  of  the 
great  seal  of  Great  Britam,  and  acknowledge 
that  be  was  debtor  to  the  suitors  of  the  Court 
on  the  balance  of  his  cash  accompt,  the  sum  of 
13,039/.  4s,  4f/4,  and  that  he  hud  brought  into 
tlie  chest  the  stum  of  3,000/«  only,  so  that  he 
remains  debtor  on  the  said  casli  balance,  the 
snm  of  10,039/.  4i«  4\d,  and  that  since  making 
Ihe  #aid  former  orders,  M  hsd  sold  3>6004 


4 
I 


4 
4 


fX)3] 


10  GEORGE  I. 


TrM  of  the  Earl  qfMaecktfidd, 


[90* 


South  Sea  stock,  in  the  cause  between  the  lord 
and  lady  Faulcoubeix*  which  was  intended  a 
security  for  the  sum  of  3,495/.  and  that  he  had 
sioce  paid  off  only  the  sum  of  2,593/.  9i.  3d. 
pursuant  to  the  orders  of  this  Court  in  that 
cause,  so  tliat  there  remained  the  sum  of 
831/.  lOf.  9d,  in  his  hands,  to  be  applied  to  the 
parlies  concerned  in  that  cause ;  and  that  he 
had  since  sold  S,000/.  South  Sea  annuities  stock» 
]>art  of  the  sum  of  17,950/.  South  Sea  annui- 
ties stock,  belonginff  to  the  suitors  of  the  Court 
in  seferal  causes,  which  he  ought  to  re-place. 
Their  lordshifis  did  thereu)»on  order.  That  the 
said  Mr.  Conway,  should,  in  a  week,  deposit 
the  sum  of  10,039/.  4$.  Ad.i  and  also  the  said 
sum  of  831/.  105.  9^.  belonging  to  the  said 
cause  of  Faulcoiiberg  and  Faulconberg  in 
Bank  notes,  or  money  in  his  chest  at  the  Eank 
•f  Euf^land,  and  also  should  re-place  the  said 
sum  of  2,000/.  South  Sea  annuity  slock,  or  that 
he  sho«ild  enter  into  a  recognizance  of  'i6,000L 
villi  two  sufficient  sureties,  to  be  approved  of 
by  one  of  the  Lords  Coromissioners  for  the  cus- 
tody of  the  great  seal  of  Great  Britain,  for  an- 
swering the  said  sums,  and  replacing  tlie  saiil 
!l,000/.  South  Sea  annuity  stock,  in  such 
manner  as  this  Court  should  direct:  and 
this  Court  being  yesterday  informed  by 
llr.  Attorney  General,  on  behalf  of  the 
suitors  of  this  Court,  that  the  said  Mr.  Con- 
way had  not  de|»osited  either  of  the  sums 
aforesaid,  or  entered  into  a  recognizance  with 
two  sureties,  as  by  the  said  order  he  was  di- 
rected :  it  was  thereupon  ordered  that  he  shouM 
on  this  day  attend  the  Court,  to  shew  cause 
why  he  did  not  yield  obedience  to  the  said 
order.  And  he  now  attending  accordingly, 
and  admitting  that  he  had  not  deposited  either 
of  the  sums  aforesaid,  nor  replaced  the  said 
S,000/.  South  Sea  annuity  stock,  or  given  se 
curity  with  two  sureties,  as  by  the  said  order  is' 
requited:  and  whereas  he  did  formerly,  upon 
cxaiuiuution  of  his  accouipts,  pioduee  to  the 
persons  who  ins|>ecteil  ttie  same,  ISaok  bills, 
and  notes,  sufficient  to  make  good  the  said  sum 
of  13,039/.  4s.  4'/.^  being  the  whole  balance  of 
his  cash  accouipts,  but  had  only  deposited 
3,000/.  part  thereof  in  pursuance  of  the  said 
order  ;  and  it  being  several  times  demanded  by 
the  Court,  whether  he  did  know  or  remember 
the  names  of  iho  person  or  persons  from  whom 
he  lied  the  said  Biink  nutes,  or  auy  of  them, 
or  did  know  or  remember  the  names  of  the 
person  or  persons  to  whitm  he  had  sioce 
paiii  or  dtlivered  them,  or  any  of  them, 
he  dtclioed  givin^j:  any  direct  answer  to  the 
siiid  quest iuu  relatiii;:  m  his  own  proper  know« 
ledge  and  rcwmbiaiice  ;  but  upon  oath  said, 
it  was  im)MMMlt|t:  fur  bun  to  answer  the  same ; 
whtreuptwi,  and  upou  hearing  of  Mr.  Att«)rney 
General  and  Mr.  St'Iicitor  General  on  behalf 
of  the  suitors;  and  wliui  was  further  lUMSted 
on,  tbib  Couit  dotli  declare,  iliui  the  said  Mr. 
C(Miv>av  is  guilty  of  ver\  iii^U  cuniempts,  and 
dotli  tBeretore  *do,  fur  hi^  saiil  conienipts, 
suud  committed  to  the  prison  of  liie  Fleet ; 
and  ilua  tor  tuaking  prof inian  to  th»  cJtcpuUM 


of  his  office,  and  that  no  pr^udice  nay  happen 
to  the  suitors  of  the  Court,  by  reason  oi'  the  said 
commitment,  he  do,  in  the  custody  of  the  war- 
den this  aftertu)on,  deliver  all  his  books  and 
papers  belonging  to  his  office,  unto  Mr.  Hoi* 
ford,  one  other  of  the  Masters  of  thia  Court, 
who  is  to  act  therein  as  he  the  said  Mr.  Coo* 
way  onght  to  have  done  during  his  commit- 
ment; and  the  clerk  of  Mr.  Conway  is  to  be  at 
liberty,  if  he  thinks  fit,  to  attend  Mr.  HoHM 
therein,  and  Mr.  Conway  is  at  liberty  friwi 
time  to  tioM  to  make  such  proposals  to  the 
Court,  for  making  good  his  deticiency,  as  ht 
shall  think  proper. 
R.  P.  Examined  6tb  of  May,  17S0,  Ij 
Book  of  Entries,  Cur*  Canc>  Letter  & 


Lords  Com.    Oaoo  Cubic. 

Mercnr*  tcrtio  Die  Febr.  Ann.  R^pni  Geoigi 
Regis  undt-ciino. 

Whereas,  by  an  order  of  the  29th  of  Jm. 
last,  for  the  reasons  therein  contained,  it  w« 
ordered  that  Mr.  Thomas  Bennet,  one  of  the 
Masters  of  this  Court,  should  then,  sitting  ii 
the  Court,  give  bis  own  recognizanoe  to  he 
Uken  by  Mr.  Holford,  one  other  of  the  Maf  • 
ters  of  this  Court  in  the  penalty  of  lS,i50L 
conditioned  to  answer  and  pay  the  svm  of 
9,076/.  therein  mentioned,  in  such  manner  u 
this  Court  should  direct ;  and  that  upon  bit » 
doing,  tlie  time  for  his  performing  of  an  orto 
oi  the  12th  of  Jan.  last,  for  depositing  the  tni 
9,075/.  or  procuring  two  or  more  sureties,  It 
enter  into  a  recognizance  of  the  penalty  afore- 
said, as  in  the  said  onier  is  mentioned,  sboaM 
be  enlarged  till  this  day :  and  if  he  should 
procure  such  sureties  to  enter  into  such  reesj^ 
nizauce,  he  was  tirst  to  give  the  names  oflbe 
intended  sureties  to  Mr.  Paxton  (solicitor  oobe« 
half  of  the  suitors  of  this  Court),  to  the  cb4 
he  might  enquire  after  their  abilities ;  and  dio 
said  Mr.  Tlminas  Bennet  was  this  day  to  at- 
tend the  right  honourable  the  lords  con- 
missioners,  tor  the  curito<iy  of  the  great  seal  of 
Great  Britain,  when  such'  farther  onler  shooM 
be  made  as  should  be  just.  And  the  said  Mr. 
Thomas  Bennet  this  day  attentling  their  lord- 
ships, in  the  presence  of  Mr.  Attorney  Gcr 
neral,  and  Mr.  Solicitor  General,  on  behalf  ot 
the  suitors  of  the  Court ;  and  the  said  Mr. 
Thomas  Bennet,  now  delivering  into  Court  a 
particular  of  several  estates  which  he  pnipoied 
to  assign  and  convey  as  the  Court  shall  diitctf 
in  trust  for  the  suitors  of  the  Court,  and  ssb- 
mitting  to  be  examined  upon  interrogatoriefi 
for  discovery  of  all  other  estate  he  has,  both 
real  and  personal,  and  that  the  same  shall  be 
also  assigned  and  conveyed  to  tlie  same  tniit: 
their  lordships  do  theretore  order,  that  tuc  tias 
tor  the  said  .Mr.  Thoiniis  Beonet's  giving  hii 
recognisance  with  two  or  mure  Rmrncsin  ths 
|ieualty  aloreaaid,  be  enurifod  until  Wedael* 
day  next,  at  which  time  the  said  Mr.  ThonH 
Beanet  is  lo  stiend  in  Court,  when  s«cb  fwnkm 
lUlbftjiisu.  Bmm 


&&n  lime,  he  is  to  a^ig^n  an<1  convey  the 
reral  estates  by  htoi  now  piopr^ed,  uoto  the 
iti  Mr.  Hulforii,  m  he«  the  said  Mr.  Hoirnrd, 
bull  ^tfiprore  ami  direct  j  and  is  also  wifhin 
^  lime  tu   produce  und  leuve  with  the  Miid 
"Ifdford,  all  deeds  aud  vvriting^  irt  liis  own 
relating  thereto  ^   and  so  far  aa  he  i» 
•  to  {trocui-e  the  mortgagee  and  annuitant,  to 
liioe  and  Uave  with  the  said  Mr.   Holford, 
•everal  deeds  ami  writingH  in  their  respec- 
Imnilii  relatint;  to  the  said  persons.    And 
|ie  satd   Mr,  Thomas  Ben  net  is  aUo,  vrithm 
be  same  tinae  to  be  examined  upon  interroga- 
I  before  the  «aid  Mr.  Holfcird,  for  discovery 
ill  other,  his  real  and  personal  csUkles^  and 
to  asBign  and  convey  I  be  same  to  tht^ 
^Wr.   Hohord,   aa   he  shall   approve  and 
And  IV hat  estates  shall  be  by  him,  the 
Mr.  Thotnas  Bennet,  so  assigned  and  con- 
eyed  to  the  said  Mr  Ilolfiird,  as  aforesaid^ 
lie  same  are  to  be  upon  trust  fur  the  suitors 
^f  the  Court,  as  the  Court  shall  direct ',  and 
said  Mr.  Paxton  ts  forth ivith  to  prepare 
lay  interrogatories  before   the   said  Mr. 
lolford  for  the  par  pose  aforesaid. 

.  P.  JBxamiuetl  6th  of  May,  1725  ;  by  Book 
of  Entry,  Cur*  Cane*  Letter  B, 


OitDo  CvKim* 

Bliirlis  Dec! mo  Nono  Die,  Jnniian^  1724. 

Whertras,  by  an  order  made  by  the  right 

Ifififiurahle  the  Lord  Bigh  i  banceJior  of  Great 

aiu,  the  17ih  day  of  December  last,  it  tva^ 

other  things)  ordered,  that  iUe  Bank 

^l«K  aod  other  elf'ecU  therein  specitied,  pro- 

luoed  before  Mr.  baron  Gilbert,  Mr.  justief 

^   nton,  and  ftlr.  justice  liaymoutl,  sir  Na- 

Oouli^    Mr.    TliomjKon,    and     Mr, 

^er,  tliree  of  the  directors,  and  one  of  them 

iy  governor  of  the  Bank  of  England,  by 

•tveni  Mastefs  of  this  C^iirt,  upon   the 

ninalloti  of  their  accounts,  for,  or  towards 

vering  the  balance  of  cash   admitted  hj 

rcaid  accompls  to  remain  in  their  respec- 

tiBods   hclunging  to   the  suitors    of  this 

t,  irhoiitd  be  deposited  in   several  che^t!?, 

irid  that  tlun  the  surd  chests  should  be  locket} 

,  and  left  iu  the  custoiiy  of  the  Bank  of 

»)and,  in  Fuch  manner  as  by  thp  »aid  order 

novided.     And  it  was  further  ordered,  that 

isdid  several  Masters  should  forthwith  give 

llo  the  said  Mr.  haron  Gilbert,  post  accompts  of 

I  their  receipts  and  paymeotg  since  their  furmer 

lioi^oinpts.     And  by  a  subsequent  order  of  the 

Ijilslday  of  the  said  Decendier,  it  \%as  ordered, 

■that  the  several  and  respective  Masters  of  this 

I  Court,  ivhose  effects,  so  ordered  to  lie  secured, 

I  did  nut  amount  to  the  w^ale   balance  of  the 

jeftsh  admHted  by  their  accouiplato  be  in  their 

I  haadSf  should  forthwith  secure  the  rest  of  the 

(littkiitcieof  llie  caith  appearing  to  be  due  on  their 

life  »«cotnpts,    by    flepositing    in    like 

«V  Bank  nmes,  or  other  effect *,  to  the 

I  thereof,  or  enter  into  a  recognizance  in 

b  oostpeliftl  «aai «f  mooiyi  with  two  or  more 


sureties,  lo  be  approved  by  Mr,  baron  Gilbert* 
Mr.  ju«tic«  Denton,  and  Mr, justice  Raymond, 
or  any  two  of  them,  lor  duly  answering  froon 
time  to  tiro*-,  as  this  Court  should  direct,  such 
sum  aud  sums,  as  the  remaining  deirciaicies 
of  their  said  respective  balances  amount  unto. 
And  !Vtr.  Edward  Conway,  one  of  tlie  Marten 
of  this  Court,  this  day  attending  the  lordi 
commissioners  for  the  custody  of  the  f^rf^ 
seal  of  Great  Britain,  and  acknowledging 
that  he  was  debtor  to  the  suitors  of  the 
Court  on  the  balance  of  his  cash  account. 
In  the  $um  of  15,039/.  4s.  A^d. ;  and  that 
he  bad  brought  into  the  chest  the  sum  of 
3,000/.  only,  to  that  he  re  main ;»  debtor  on  the 
said  cash  balance,  the  sum  of  10,039/.  4s.  4\d. ; 
and  that  since  the  making  ttie  said  former 
orders,  he  has  sold  3,500/.  8outh-8ea  slock,  in 
the  cause  between  the  lord  and  lady  Faulcon* 
berg,  which  was  intended  a  security  for  the 
snm  of  3,425/*;  and  that  he  haih  since  paid 
o^  only  the  sum  of  9,593/.  9**  Zd,  pursuant 
to  the  orders  of  this  Court  in  ttiat  caune; 
so  that  there  remaios  the  sum  of  831/.  10^« 
9^.  in  bis  hunds,  to  be  ap[dif^d  to  tht^  par- 
lies concernirfl  in  that  cause  ;  and  that  be  baa 
since  sold  2,000/.  Stuith  8««a  annuity  stocky 
part  of  the  sum  of  17,950/.  8outh-Sea  annuity 
stock,  belonging  to  the  suitors  of  the  Court  la 
several  causes,  which  he  ou^^ht  to  replace; 
tlreir  lordships  do  thereupon  order,  that  the  said 
Master  Conway,  do,  in  a  wt'ck,  deposit  the 
said  sum  of  10,039/.  4s.  -1^*/.  and  also  the 
said  S"ni  of  831 L  10*.  9J,  belonging  to  the 
said  cause  of  Faiilcoiiberg  and  Fuukooberg,  in 
Bank  notes  or  money  in  his  che^t  at  the  Bank 
of  England  ;  and  also  do  replace  the  said  sum 
of  2,000/,  JSouth  Sea  annuity  stoc  k  ;  or  that  b« 
do  enter  into  a  recognisance  of  26,000/.  with 
two  sufficient  son-tit^,  to  be  approved  of  by 
one  of  the  lord.^  commis^oners  (or  the  custody 
of  tue  great  seal  of  Great  Britain,  fur  an- 
swering the  Kaid  sum;?,  und  repUicing  the  said 
S.OOO/.  South-Sea  annn^ty  stock,  in  Bucli 
manner  aa  this  Court  sIihII  di  ect. 

Tho.  Parniix,  Dep.  Reg, 

R.  P.     Examined  6ib  of  May,   1725,  viritli 
Book  of  Entries,  Cur^  Cane'  Letter  B. 


Ohpo  Cuai^. 

Mercurii  Viccsimo  Die  Jaouarit,  1724* 

Whereas,  by  an  order  made  by  the  Tight 
honourable  the  laic  Lord  Chauuellor  of  Great 
Brituin,  the  17(h  day  of  December  last,  it  vran 
{umong  other  thing?:)  onleie*!.  That  the  Bank 
notes,  and  other  ifftcis  therein  specified,  pro- 
duced before  IV I r.  baron  Gilbert,  Mr.  justice 
Deuton,  and  Mr.  justice  Rayinond;  and  si^ 
Natluinael  Gould,  Mr.  Thompson,  and  MK 
Hanger,  three  ol  ihe  directors,  aud  one  ot  theni 
deputy  goiernor  of  the  Bank  of  Foj^land,  by 
the  sevcr^il  Masters*  of  tlit!»  Court,  opun  ibe  exa- 
mination of  their  accouutji,  tor,  or  towards  an- 
swering Ihe  balance  of  ia.>h  aJniitted  by  their 
saiii  aocotinlA  to  iwmain  in  their  respective  handn 


907] 


la  GEORGE  I. 


Trial  of  the  Earl  of  MaccksfidJ^ 


[d08 


beloii^nifto  the  suitors  of  this  Court,  should  be 
deposited  in  several  chests,  and  that  then  the 
iaid  chests  should  be  locked  up  and  left  in  the 
custody  of  the  Bank  of  Eng^land,  in  such 
manner,  as  by  the  said  order  is  provided.  And 
it  was  further  ordered,  That  the  said  several 
Masters  should  forthwith  f^ve  to  the  said  Mr. 
baron  Gilbert  )K)8t  occounls  of  their  receipts 
and  payments  since  their  former  accounts. 
And  b^  a  subsequent  order  of  the  31st  day  of 
the  said  December,  It  was  ordered,  That  the 
several  anil  respective  Masters  of  this  Court, 
whose  effects  so  ordered  to  be  secured,  did 
not  amount  to  the  whole  balance  of  the  cash 
admitted  in  their  accounts  to  be  in  their  hands, 
thould  forthwith  secure  therestof  tlie  balance 
of  cash  appearing  to  be  due  on  their  respective 
accounts,  by  depositing^,  in  like  manner.  Bank 
notes,  or  other  effects,  to  the  amount  thereof, 
or  enter  into  a  recognizance  in  a  competent 
■nm  of  money,  with  two  or  more  sureties,  to 
be  approved  by  Mr.  baron  Gilbert,  Mr.  justice 
Denton,  and  Mr.  justice  Raymond,  or  any  two 
of  them :  for  duly  answenng,  from  time  to 
time,  as  this  Court  should  direct ;  such  sum 
and  sums  as  the  remaining  deficiencies  of  their 
said  respective  balances  amounted  unto  ;  and 
Hr.  Kynaston,  one  of  the  Masters  of  this 
Court,  being  this  day  present  before  the  right 
hon.  sir  Jeifery  Gilbert,  knt.  one  of  the  lords 
commissioners  for/the  custody  of  the  great  seal 
of  Great  Britain,  and  being  examined  touching 
the  money  and  effects  for  which  he  was  an- 
swerable to  the  suitors  of  the  Court,  did  admit, 
that  the  sum  of  31,954/.  155.  and  a  farthing, 
was  the  cash-bslance  in  his  hands,  due  to  the 
suitors ;  and  that  he  had  depositeil  in  his  chest 
at  the  Bank,  the  sum  of  4,68<3/.  Is.  9d,  in 
pursuance  of  the  order  of  the  17  th  of  De- 
cemlier  aforesaid  ;  and  that  he  had  declared  a 
trust  of  300/.  Suulh-Sea  stock  for  the  suitors, 
whicli  at  the  present  valuation  is  360/. ;  so 
that  there  remains  the  sum  of  S6,908/.  tU. 
d^dL  deficient  and  unsecured  to  the  suitors 
of  the  Court ;  and  proposed  towards  satisfac- 
tion thereof,  to  assign  over  a  debt  of  30,850/. 
owing  to  him  from  I\Ir.  Delahaye,  in  such 
inanner  as  should  be  thought  proper  for  the 
benefit  of  the  suitors:  but  alleged  that  he  was 
not  to  be  char^  with  the  sum  of  7,575/. 
mentioned  in  his  accounts  to  be  part  of  the 
aforesaid  26,908/.  1  Is.  S{d.  Whereuoon  their 
lordships  considering  what  was  allegecl  by  him, 
were  of  opinion,  that  he  was  answerable  to  the 
suitors  of  the  Court  for  the  said  sum  of 
7,575/.  and  do  therefore  order,  That  the  said 
Mr.  Kvnaston  do,  in  a  week,  deposit  the  said 
sum  of  S6,908/.  1  Is.  S^d,  in  money  or  Bank 
notes,  in  his  chest  at  the  Bank  of  Eng- 
land, or  enter  into  a  recognizance  in  the  pe- 
lialty  of  53,817/.  with  two  or  more  sureties, 
to  l>e  approved  of  by  one  of  the  lords  com- 
missioners for  the  custody  of  the  great  seal  of 
Great  Britain,  to  answor  and  pay  the  said 
sum  of  26,908/.  lis.  ^d.  in  such  manner  ss 
this  Court  shall  direct. 

Thq.  Pauwx,  Dep.  R^. 


R.  P.  Examined  the6tb  of  May,  1785,  by  ths 
Book  of  Entries.  Cor'  Cane'  Letter  B. 


SoL  Gen.  The  Managers  for  the  Houae  sT 
Commons  lay  before  yonr  tordsbtpa  tbeM 
orders,  to  shew,  that  the  several  Mssten 
1  herein -mentraned  were  deficient.  It  will  ha 
incumbent  on  the  noble  lord  to  shew,  tbst, 
when  they  were  admitted,  thej  were  of  aUky 
proper  for  such  a  trust.  We  now  proeMi 
upon  the  declaration  that  was  made  on  the  9UI 
of  January  last  was  twelve- month,  and  dcM 
that  Mr.  Waller  may  be  called.  ' 

Mr.  If a//er  sworn. 

Sol,  Gen.  My  lords,  we  desire  he  ntfk 
asked,  whether  he  applied  to  my  Lord  Cl» 
cellor  upon  an  order  made  by  iis  booovii 
Master  of  the  Rolls,  relating  to  Mr.  Consif ; 
and  what  it  was  my  Lord  Chanodlor  niia 
that  occasion  P 

Waller.  In  July  1723,  I  had  dineliM 
from  my  client  to  ajpply  to  Mr.  Cooway,  Ithr 
out  upon  the  South  Sea  annnities  thesaaJi 
4,000/.  that  had  been  brought  birforebniia 
cause  between  Mr.  Devenant  and  'wr  \K^ 
Cardigan.  The  Master  told  me  at  IM,  k 
would  take  care  of  it.  Upon  further  appKei- 
tion,  he  said,  the  order  had  directed  aosAff 
sum  of  money  should  be  brought  before  kill 
in  the  same  cause,  and  that  be  could  not  potiil 
the  one  without  the  other.  Upon  this,  f  n- 
plied  by  fietition  to  the  Master  of  the  Bm, 
praying,  that  Mr.  Conway  might  beoUigidli 
put  out  the  money,  and  that  he  might  aaam 
mterest  for  it  after  he  hid  had  it  a  rganiiMp 
time  in  his  hands.  Upon  that,  the  Mastsr  if 
the  Rolls  directed  he  should  lay  out  the  mh 
ney  immediately. 

Serj.  Frobjfn.  I  beg  yonr  lordships  parta 
for  interrupting  this  witness.  In  the  maostf 
he  is  going  on„  your  lordships  observe,  be  M 
taking  notice  of  orders,  petitions,  acti  of  iki 
Court,  and  this  he  gives  ujion  liis  Awmiry* 
We  think  these  ought  to  be  produced. 

SoL  Gen.  If  they  are  desirous  to  eniettsi 
your  lordships  witli  them,  we  have  tbem  iB 
here.  We  only  make  use  of  them  to  let  is  Ai 
declaration  of  tne  noble  lord. 

£.  of  Macclesfield.  If  that  he  all  the  Mb 
there  is  no  need  to  produce  these  orders:  Bit 
if  they  are  to  introduce  evidence  with  rebtiis 
to  the  merits  of  the  cause,  it  is  proper  to  bsfi 
them  pniduced. 

Sol.  Gen.  We  don't  dispute  the  jastios  rf 
the  order  then  made,  but  ask  the  occasioo  of  JIS 
and  all  we  desire  is,  what  was  dedaitd,  ui 
what  was  the  occasion  of  the  declaration. 

Serj.  Pengelly,  The  Managers  don't  colli 
into  the  consideration  whether  die  order  if 
just  or  no.  All  they  represent  to  your  laid* 
ships,  is  the  occasion  of  this  dedartliMi 
Whether  a  man  acts  justly  that  detains  nioBcyi 
and  does  not  pay  it  out  when  he  ought  to  doiW 
that  we  leave  to  another  detsminstioa.  M 
what  we  ask  now,  is  the  dedwalion  of  thtiVl 
of  Itoootoaftchli  md  Iha  nrrwinn  of  iL 


f(kf  High  Cfimti  and  MisJanganors, 


r«llfr.     U|Km  tlio    {)e1iiion  to  tlie  Mjis- 

fof  Ibc  R»lb,  lie  niatie  an  onler  to  put  the 

ty  out,  aud  thai  the  Mastrr  sliouhi  fmy  f^fne 

On  this  he  applied  to  tiiy  Loh)  Chao- 

t  diiu^han^e  this  order.     My  lord,  upon 

asioii,  laid,  The   Muster  was  noi  to 

%Dd  tbul  the  then  blasters  wer<;  a  &et  of 

en  of  as  grc»t  prolirty,  ability,  and  tor- 

os  evftr  Dad  bteii  bdbre  ;  and  that  bii 

»hip  bud  had  the  inttsliiLHion  of  baving  uul 

»t  111  them  hitnself.     1  cannot  savi  that 

were  tht  f iry  words,  hut  it  was'  to  this 

Gen,  Whcn^  at  fi-bat  lime  was  this  f 
U4r,     This  declaraiioQ   vras  made    the 
jarmary*  17 '2  3. 

WItcfe  waa  it? 

In  court,  at  my  lord^s  house   in 
^a-inn-ftc-lds^  wliere  he  usually  sat. 
rOcw,     \\n&  tbcrb  at  that  time  any  va* 
ley  of  any   iVI aster's  office  ;  and  bow  tong 
1  tnAl  vacancy  liiippcn  before  ? 
Vailer,    ftli-.  rtlluues  died  either  tlie  day 
'  V  hut  one  hefure. 
lif  ^  there  any  obsorrations  made 

1 L;..    .;-  — iy  pefsoo  in  court  that  took  no- 
>4if  what  uas  saul  ? 

rfl//fr.     One  11  r  I  he  counsel  took  notice  of 
Miy  tal  ,  and  aaid^  he  lielieved  it 

uU  be  in  1  i  I  .1  dam  j^azctte  iu  a  short 

he,  or  to  tbut  pur(Hri«e.    My  XdOrd  Chmoeel- 
[atked  Mbobe  lAas  ' 
.  of  MncclcxfielU,  I  desire  be  may  tell  yonr 
Uiiis,  >*  hen  npplieatioD  wu!<  roade  to  me  by 
|6omp!aiQt  of  it,  what  it  waa  I  taid  at 

t  *     *t  rememlief. 

id.  pray,  re^iollect  yourself, 
<»L  ^uy  a  waartgnt,  and  they  had  a 
lit  to  take  notes  there. 

lifr^    I  'to'ri  remember  that  you  did. 
bf  *fd.   Did  I  make  tio  answer  ? 

.    ^  I  remember, 
trtii^^n.     I  desire  be  may  be  asked, 
er  be  kept  any  uotes  or  metnoraoduma 
"iPOnJs  tlial  were  tlieu  said  ? 
No*  my  lords. 
Pruhyn,  flow  iloea  be  tlien  come  to  re- 
liber  tlic  very  words  ? 
V&iifT.  8tnce  ray  lord  Macile»(ield*s  coun- 
LirUl  have  it«  1  fnuRt  ac-qnaiot  your  lordshipfi, 
uek  roc  with  ho  much  astonishment 
taitcb  a  declaration  made  on  the  IMn?^ 
r      r  ppimlt'  Hiouglil  liiey  did  not 
'  <tt  I  could  ntit  but  remember 
"•'^>*ed  it  eter  sinw. 

have  several  other  per- 

l;.  j  l  at  tht9  time,  when   this 

on   wun  mi«de ;    but  we  apprehend  it 

public,  so  notorious,  and  hn^  hern  .>o 

J  |profe4  by  a  person  prefient^  that  it 

rmtaecemtry  to  call  farther  evideutui 

Qin^     We  be^  leare  to  trouble  yonr 
FilaliifM  a-b   I     >       >  f,  to  ascertain 

j/cath  t  J  bavQ  one  of 

¥%  FiibHit«>  ^uvuui»  btie. 


£d»ord  An^t  swom. 

Sol,  Ofn.  We  desire  he  may  be  askedi  wbe*^ 
titer  be  waa  a  serf  ant  to  Mr.  I^ellowes  f 

Angt,  I  was  a  clerk  in  Mr.  Fellowes's  of-J 
6ee  at  the  time  of  bis  death,  and  many  years 
before, 

Sol,  Gen,  When  did  be  die^  what  day  f 

Angr.  Upon  the  H*lh  of  January.  1723. 

Sol.  Grn,  It  was  the  Slst  that  tlie  declara- 
tion was  made,  so  that  it  seemi  that  it  was  ne« 
ccfisary  ;  and  such  a  declaration  was  wanting 
at  that  time  to  keep  up  the  price  of  the  office* 

Mr.  LigMoun  called. 

SoL  Gen,    We  desire  Mr.  Li^htboun  ma^ 
he  asked,  whether  he  tfave  any  intimation   to 
the  eiu'l  of  Marcles5eld,  thattl»e  circuni(»tancei^ 
ol  some  uf  the  Ma<ners  were  f$u«piciou8|  before 
the  '21sl  of  Jjinuary  was  twelvemonth. 

ftlr.  Lutnyche.  i  desire  Mr.  Li^htboiin  would 
give  yuur  lordships  an  account  what  di^^couri 
he  had  concerntn^  the  Masters  with  the  earl  < 
Mftccles  field, 

Li^htlnjun.     I  can*t  say  I  acquainted  hioi^ 
with  my  suspecting'  any  of  the    Masters    by 
name  being*  deficient ;    but  1  lold  htm  iu  con* 
versarion^  that  qs  a  deficiency  had  happened  ig 
Mr.  Dormer's  office,  ihe  like  accident  tiiig 
happen  in  others ;  and  that  it  mi«^ht  be  prop 
for  his  tonlshin  to  take  some  measures  to  pn 
veot  the  like  (or  the  future,  if  jmssible. 

Mr.  Lulvrychu     In  the  year  172:J,  whetbe 
bad  you  any  discourse  with  roy  Lord  Chance!- 
|iir  relating  to  the  circunistancts  td'  any  ol'  tht 
Masters,  or  about  any  proposals  of  security 
be  ifif eu  by  them  ? 

Lighihvtin,  In  the  year  iT23, 1  bad  son 
conversation  with  my  lord  upon  tbatsuhjet: 
and  it  was  u[>oo  the  occasion  of  my  lord') 
sending  for  me  to  know  why  1  had  uot  cuutal 
plied  with  a  proposal  of  theMastem,  to  pay 
600/.  towards  making  good  IVIr.  Dormer's  de 
ficiency.  1  askeil,  whether  it  w^  his  lord 
psbip^s  proposal,  or  whether  it  was  a  prO|M 
from  some  of  the  Masters.  My  lord  said,  I 
was  mentioned  by  the  Masters,  and  he  approv 
of  it  \  and  as  the  rest  had  complied,  he  bop 
1  would. 

Sol,  Gen,  Yon  need  not  now  give  a  partica 
lar  account  of  this ;  this  will  be  proper  on  i 
ther  occasion  ;  that  1  desire  to  auk  you  now  i 
only  in  ireneral,  whether  before  tlie  2l8t 
JutiuarVf  17*^t  yu^  had  any  conversation  wit! 
my  hir^  about  ttie  deficieucy  of  t[»e  Ma 
and  that  there  was  reason  to  «u«pect  a  \ 
ciency  in  some  of  the  Masters? 

Lifhtboun,  1  did  not  mention  any  partjcuh 

rierson,  but  only  that  an  accident  had  latetj 
m|)|ie}icd,  and  as  it  bad  happened,  it  miglil 
bnppen  itgain  ;  but  I  was  far  from  mentioniu^ 
any  Master  by  name;  for  I  might  tbereb| 
have  miide  uiYs^^'lf  luiUe  to  an  action* 

Sol.  Gen,  tie doti^t  desire  lo  nak  htm  wh 
ther  be  mentioned  any  particular  iH luster,  j 
onVy  in  general  whether  be  did  not  say  hii  I 
groiindH  to  suspect  sone  of  ibem  f  Tbe  «|ti 
tiou  ii  in  gun  trait 


911]  10  GEORGE  I. 

Com.  Serj,  The  question  was  first  asked  in 
general ;  but  tlie  answer  not  coming  out  to 
their  satisraction,  they  now  apply  it  to  a  parti- 
cular fact,  to  which  uie  answer  required  is  only 
Yea  and  No.  This  we  apprehend  not  to  be 
altogether  so  regular ;  we  therefore  desire  the 
question  may  be  asked  in  other  terms. 

Sol.  Gtn.  My  lords,  1  will  ask  the  question 
in  general,  whether  he  gave  any  intimation  in 

Seneral,  that  there  might  be  a  suspicion  of  the 
lasters? 

Li^htboun,  I  did  in  general  arqnaint  my  lord, 
as  this  accident  had  happened,  I  did  not  know 
bow  soon  it  might  happen  again.  The  year 
1780  had  made  sreat  ha?ock,  and  1  did  not 
know  what  effect  it  might  have  had  amopgU  us. 

Seij.  Fengeliy.  I  desire  Mr.  Lightboun  may 
lie  asked,  whether  he  can  recoiled  that  he  had 
any  discourse  with  my  lord  Macclettfield  to 
that  effect  at  any  other  time  before  January 
17SS? 

Ughtboun.  My  lords,  I  can't  confine  myself 
to  a  particular  time.  I  have  had  the  honour  of 
many  conversations  with  my  lord  Macclesfield 
4MI  this  subject,  and  what  passed  at  one  parti- 
cular time  more  than  another,  1  can't  remeiii* 
ber.  1  have  often  bad  the  honour  to  hear  his 
lordship  mentioning  the  methods  which  he 
thought  of  to  prevent  it,  and  to  propose  such 
methods  as  1  thought  of ;  but  I  can't  tell  all 
the  particular  times. 

Serj.  Fengelfy.  I  desire  he  may  be  asked, 
whether,  from  the  conversation  which  passed 
between  the  earl  of  Macdesfitdd  and  himself, 
It  appeared  to  him«  that  the  Earl  had  any  sus- 
picion of  a  want  of  substance  in  the  Masters  ? 

TAghtkoun,  My  lord,  when  I  mentioned  it, 
seemed  unwilling  to  think  so.  He  said  he 
hoped  not ;  he  hoped  there  wiis  no  manner  of 
danger,  they  were  all  recommended  to  him 
tor  men  of  fortunes,  or  to  that  effect.  Lat- 
terly, this  last  year,  when  my  lord  was  talking 
of  this  matter,  he  seemed  to  think  there  was 
a  necessity  that  there  should  be  an  en- 
quiry into  this  affair :  and  when  the  Masters 
were  ordered  to  bring  in  their  own  accounts,  1 
remember  1  told  my  lord  1  questioned  if  they 
were  able  to  do  it.  My  lord  said  he  hoped  it, 
and  wisheil  it. 

£.  of  Abingdon.  If  Mr.  Li&rhtboun  be  left 
to  his  own  discretion,  to  relate  without  inter- 
ruption whatever  he  can  recollect  that  passed 
between  him  and  lord  Macclesfield  before  Jan. 
1723,  when  this  declaration  was  made  in  Court, 
it  may  give  your  lordships  a  fuller  light  and 
satisfaction. 

Lightboun,  I  don't  remember  to  have  had 
any  particular  conversation  about  the  abilities 
of  the  Musters,  farther  than  I  have  mentitmed 
to  your  lordships.  1  have  told  you  that  I  did 
give  some  hints  in  a  doubitul  manner,  that  I 
was  dissatistied ;  but  it  would  very  ill  have  be- 
come me  to  have  mentioned  particular  people 
whom  1  was  douottul  of. 

8erj.  Pcngeiiy,  My  lunls,  we  proceed  now  to 
examine  some  witnesses  ufion  the  Article  re- 
loting  to  the  Masten  comiiig  in,  and  ia  what 


Trial  of  the  Earl  ofMacck^kUt 


[9If 


manner  the  money  was  pakl  upoa  tWr  ad- 
mission, either  on  a  sarreMder,  or  death  of  a 
former  Master ;  and  out  of  what  find  that 
money  was  paid.  We  beg  leate  te  cell  Mr. 
Kynaston. 

Mr.  Kunaston  called. 

8erj.  PtngtUy,  We  beg  leave  be  nay  bt 
asked,  in  relation  to  his  treaty  wicb  Mr.  Rogm, 
when  he  came  into  his  office  ;  and  ia  wint 
manner  the  money  paid  for  the  office  ms 
raised  ? 

Kynaston,  It  was  in  May,  1731. 

Cum.  Serj,  Before  Mr.  Kynaston  answusH 
this,  we  hope  the  Managers  shall  intinsale  V 
your  lordships,  that  they  have  evklence  t»» 
plv  this  to  the  lord  who  now  stands  aocwM; 
otherwise  a  bare  discoune  between  Mr.  1^ 
gers  and  Mr.  Kynaston  cannot  uikct  the  «i 
of  Macclesfield. 

Mr.Lutwyche,  I  apprehend  this  intemfi 
tion  is  very  unnecessary:  It  is  the  first  putrf 
the  Article  we  are  going  to  prove,  that  it  wnt 
practice  among  the  Masters  in  ChaoeerT,ii 
pa^  the  money  for  their  nlacea  oat  or  ibi 
suitors'  money ;  and  that  Uiougli  the  Chn« 
oellor  had  irood  reason  to  suspect  or  know  tUi, 


yet  he  applied  no  remedy  or  redress,  but  ht  il 
go  on  for  his  own  benefit:  Therelbie  vi 
must  begin  with  the  first  part  of  the  ArtidBi 
They  are  not  to  examine  and  ask  the  Ma- 
nagers, whether  they  have  any  proof  of  ibi 
latter  part  of  the  Article  P  We  are  beginiM 
with  the  first  part  of  the  Article,  and  th«i  M 
bring  it  home  to  the  noble  lord. 

Sol.  Gen*  We  shall  prove  the  wboK  tkit 
there  was  such  a  practice,  and  that  it  ism* 
sonable  to  think  the  noble  lord  knew  it,  ff 
had  reason  to  suspect  it,  and  did  not  prevail 
it.    We  must  first  begin  with  the  praetKe. 

Seij.  Pengefly.  My  lords,  we  desire  heiM 
give  your  lordb(iii>s  an  account  of  the  metbsM 
taken  at  the  time  he  came  into  the  office,  <f 
selling  and  paving  tor  those  offices,  and  is 
what  manner  the  agreement  lor  his  office  wtf 
transacted  ? 

KynaUon.  My  lords,  1  treated  with  Hr. 
Rollers  for  the  sale  of  his  place  in  May,  1781* 
1  did  understand  then,  and  had  heard  before, 
that  the  method  was,  that  they  retained  v 
mnch  of  the  money  belongin;;  to  the  office  for 
their  places,  and  that  such  had  been  the  pru* 
tice.  1  did  at;rre  with  him,  and  entered  iili 
Articles  to  pay  him  6,000/.  for  his  place.  I 
went  for  some  time  into  the  country,  aud  whci 
I  was  there,  lie  wi  om  to  me,  a^id  I'lld  me  lb>l 
he  dosignetl  to  rcsii^n  the  place  an  the  9lb  ^ 
August.  I  did  come  up  to  town,  and  no  the 
9lh  of  Auiriist  I  gave  him  a  bond  fur  6*W0L 
Then  1  went  with  him  to  my  l')rd  Maccltf»fieUi 
aud  was  swoin  in  M..ster.  There  wasi  |pe- 
neral  order  lor  him  to  d«fh«er  over  the  eftcH 
and  ftecurities  to  me ;  alter  this  he ddireredif . 
the  bond  \ihich  1  hud  *ri\vn  him,  and  rrtsisc' 
so  much  money  belonging  to  the  suitors  til^, 
Court  as  amounted  to  6,000/.  He  ^  " 
9/.  and  delivered  me  up  my  bendy  and  l|^#* 
him  a  veceif  t  for  6|009(i 


I  fm  High  Critnet  and  Misttenttanort. 


1725. 


[014 


I  desire  to  know  vthui  vros 
illisi^ioii  f 
1,500  fi:uine.n9  w^ere  paid  to  Mr. 

Mr.  Baily. 
Ely.  How  ifM  ft  repaid  P 
1(1  Febrnary  afterMrards^  I  atoted 
the  person  that  wam  my  eaah- 
my  money,  ia  relalloo  to  the 
and  pttid,  atid  he  charged  me 
iL  and  (leilucted  it  out  of  Uie  mo* 
Hon  which  be  hnd  receivinl. 
)flv,   I  desire  he  may  be  aiked, 
|in«  whnt  sum  of  mooey  came  to 
i  Mr.  Rogers? 
lomdliinff  above  «0,000?. 
|(/y.    f  desire  he  may  be  astked^ 
I  these  efiecta  wt-re  by  the  order 
tered  from  Mr.  Uo^er»  to  htm, 
r  peraon  present  on  behalf  of  my 
*ld  to  see  them  delivered  over  ? 

W/y.  Was  there  any  account 
|dm  af\erward8,  either  by  my  Lor«l 
pis  agent,  of  the  quaotum  of  the 

I  don't  remember  there  ercr  was. 
iU/,  1  beg  teave  to  Ai>k,  whether 
m  had  money  enough  of  his  own 
|ogers6»000/.  for  hm  place,  and 
I  to  my  h»rd  Maccletifield  lor  his 

ITet*  I  believe  1  had  more  money 
lit  it  waa  out  upon  security }  1 

iffy.  What  waa  his  indiiceiDeat  to 

pr,  1  would  ask  it  in  other  words, 
I  easiness  of  hts  paving  for  his 
I  ooe  tJiiog  that  induced  him  to 

Yes^  1  beliere  it  was  one  induce- 
I  parchase  tlie  pluce, 
fukUnd.  I  beg  leave  to  ask  ano* 
ft  Mr,  Ky nation  sa^t,  he  had 
^  his  own  at  that  time  ;  hiit  I  de- 
fhether  he  could  have  paid  7,575/. 
ft  t"^  bis  offices  unlesa  he  had  paid 
litors*  money  T 
[Ko,  I  could  not  have  paid  tlie 

p.  If  the  gentlemen  have  done»  I 
F  be  asked,  what  money  he  had  of 
pt  time,  either  in  cash,  or  m  bis 
i^  or  in  security  f 

really  cannot  t«>^ll,  I  believe  1 

2  and  3,ot)0/. 
How  much  can  you  lake  upon 
had? 
Ily  I  eannol  tell. 
Speak  to  the  nearest  you  can. 
bditve  I  had  about  ^,000/.  vrry 
tnooey  mm\  ffl'eGls, 

Wl)iit  oUier  Mlate  had  you  f 

<iate  settled  upon  me  at 

W>  rjtii'-r  Ifiltatf'. 

.  I  dcaiiiB  yott  tojfivt  an  ac> 


county  whether  you  bad  any  other  peraoud 
estate  ? 

Kyna$t0n,  No,  I  do  not  remember  t  had,  eai* 
cept  you  reckon  timber  such. 

Com,  Sef^.  I  desire,  my  lords  he  may  be 
asked,  what  the  annual  value  of  his  real  estate, 
was  ? 

Hei'j.  Ptngttltf.  I  submit,  whether  he  b% 
obliged  to  tell  his  whole  circumstances? 

Kynatton,  I  am  very  willing  to  tell,  it  iva^ 
about  400^.  a  year, 

Cmn.  Sery,  Whether  he  had  not  his  estate 
without  impeachment  of  waste  f 

Kynaatnn.  Ves. 

8eij.  Prolryfi,  Of  what  value  might  tht 
tindierbe.^ 

Kynation.    I  was  once  bid  2,500/.  for  it^  but 
now  iltey  know  I  have  an  occasion  to  sell,  they,  I 
will  not  ^f  e  me  so  much. 

Serj.  Pengelly.  I  beg  leave  he  may  he  asked^ 
whether  at  that  time  his  father  was  living  ? 

Kf/nniton.    Yea,  he  was  at  tlie  time  of  mj,] 
purchasing  the  place* 

Serj,  Fengdhf,    As    the    cash    was    abov^  | 
SOiOOO/.  of  wiiat  value  were  the  securities  ? 

K^ nation.  Really  I  cannot  tell,  I  have  givei^  I 
in  an  account  of  the  e Beets* 

Serj .  Pengetly,   About  w bat  sum  P 

Kyna*ton.    1  have  gireu  it  in  tay  account^  { 
what  it  was.  I 

i^rj.  FengeU^,  To  what  sum  ^oth  the  wbolf  i 
both  in  cash  aoil  securities  amount  I  ] 

Kynaston,    I  believe  under  50,000f.  ahoutl  | 
46,000/, 

Ser).  Pengelly.  The  securities  as  well  as  thf  j 
cash  F 

Kynaiton.  I  mean  the  aecuritiet  and  ib^ 
cash  together. 

Serj.  Fenfieily,  Upon  this  evidence,  we  sub* 


mil  it  to  your  lords  hips,  Whether  the  timbe^  j 
opon  hiH  eMtate  waa  a  proper  security  tow] 
50^000/.  to  be  put  into  his  hands. 


£.  of  Mttccletfield,  He  now  represents  hlfl 
estate  to  be  400/.  a  year.  How  was  it  rc«  f 
putedf 

Kynaiion,    I  believe  about  600/,  per  annum« 

Mr,  Plummer,  I  desire  tosiik  him,  W briber  i 
he  had  felle<l  «very  stick  of  lifnWr  on  his  e^tiite|  j 
that  and    his  personal  estate  would  have  fmiq  | 
what  he  waa  to  give  for  his  MasiterV  place  t 

Ky nation.  No,  it  would  not. 

Htffj,  Ptngcliy.    My  ]i»rds  wemakeuiec 
thia  as  a  proof  of  the  former  Article, 

Mr.  Thomat  BennH  called. 

Sen.  Pengetly.   My  lonis,  we  desire  he  mnjt  | 
lie  ttskeil  in  what  manner  the  trannter  of  hit 
olfit  e  wsK  trttUHArtml,  ainl  how  the  money  wai 
paid  lor  hi«  Master's  place? 

jfViiJ,  Bennri,  My  i«*rds,  when  I  treat e*l  witli 
Mr,  Hii'isockn  nbout  the*  BurTrnd<*rof  hi«  ntficej 
one  of  the  (imt  things  he  toUl  me  wa**,  tliHi 
neeil   rai^te  n**  money  U*  come  itito  chi^  ofHi'tJ 
for  whateter  tiiofiey  we  agrred  lor»  ahouUl  I 
deduet4Hl  out  of  the  money  to  Ir*  pa»d  o*er  i 
me,  winch  I  und»*r*tood   to  be  the  muofy  be" 
longing  to  the  auiioti  of  the  Court. 


015] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macekxfield, 


[910 


Heiy  Pengelly.  What  was  doDcio  pursuance 
of  this? 

Tho.  Bennet.  This  encouraged  roe  to  gfo  on 
and  proceed,  in  order  to  come  into  this  office ; 
J  supposed  this  to  be  the  practice,  else  I  had  not 
gone  in. 

Herj.  PengtVtf.  Whether  was  that  generally 
reputed  to  be  the  practice  ? 

Tho,  Bennet,  I  own  I  tbouj^ht  so.  I  was  a 
younger  brother,  and  had  not  money  enough 
of  my  own  to  come  into  that  office. 

Serj.  FengeUif,  We  beg  leave  that  he  may 
infurm  your  lorclships  how  much  he  was  to  pay, 
and  how  it  was  raised  and  {mid  ? 

Tho.  Bennet,  The  sum  I  agreed  to  pay  Mr. 
Hiccocks  was  1,500/.  and  the  sum  to  my 
Lord  Chancellor  was  1,500  guineas,  which  is 
S,075/. 

Serj.  Pengelly,  We  hope  that  he  shall  in- 
tbrm  your  lordsliiiw  bow  it  was  raised  and  paid. 

Tho,  Bennet,  As  to  the  1,500  guineas,  I  ac- 
miainted  your  lordships  I  borrowed  it  of  my 
brother,  and  the  next  da3r  returned  it  him  again 
out  of  the  money  I  receivetl  of  Mr.  Hiccocks. 
As  soon  as  1  was  admitted,  I  went  to  Mr.  Hic- 
cocks, and  demanded  of  him  the  suitors^  effects. 
He  paiii  me  1,500/.  and  told  me  I  must  give  a 
receipt  for  9,000/.  1  told  him,  it  was  hard  to 
have  no  more  money  paid  me,  when  he  told  me 
there  was  much  more  cash  in  the  office,  and 
that  I  bad  given  my  lord  Macclesfield  more 
than  he  bad  offered  to  pay  me :  he  said  he 
should  pay  me  more  aflerwards,  but  be  insisted 
on  my  taking  this  now,  so  I  took  the  1,500/. 
and  gave  him  a  receipt  for  9,000/. 

8erj.  Pengelly,  I  desire  he  may  be  asked, 
whether  upon  any  occasion  he  had  any  dis- 
course with  the  earl  of  Macclesfield  relating  to 
the  method  of  his  coming  in,  or  about  the  re- 
payment of  the  1,500  guineas  he  paid  him  ? 

Tho,  Bennet.  In  order  to  give  an  account  of 
this,  I  must  acquaint  your  lordships  of  the  oc- 
casion of  my  waiting  on  his  lordship.  Mr. 
Holford  told  me  that  my  Lord  Chancellor  had 
sent  to  him,  and  desired  that  he  and  my  bro- 
ther, John  Bennet,  would  endeavour  to  accoro- 
roodate  matters  between  Mr.  Hiccocks  and  my- 
lelf,  on  occasion  of  the  deficiency  of  my  ac- 
counts. Mr.  Holford  said  he  did  not  care  to 
CO ;  but  my  brother  did  go  to  Mr.  Hiccocks. 
He  would  (fo  nothing,  no  accoinniodation  could 
be  made ;  but  my  brother  Uild  me  that  my 
Lord  Chancellor  would  pay  back  to  ine  the 
1,500  guineas  which  he  had  received,  so  the 
matter  with  Mr.  Hiccocks  might  be  accommo- 
dated. 

St-rj.  Pengelly,  When  was  this? 

'J ho,  Bennt't,  It  was  about  the  time  of  cor 
^iviiinr  ill  our  accompts. 

Seij.  Pingclly.  Was  it  before  Christmas,  or 
after  ? 

T/m.  Bennet.  ft  was  before  Christmas  last, 
in  Oeceml>er;  I  think  about  the  7th  of  De- 
cember. Upon  that  I  asked  my  brother,  whe- 
ther I  might  depend  upon  it,  that  my  Lord 
Chancellor  would  pay  back  the  1,500  guineas? 
Aiul  he  said,  Yeg,  ht  bad  it  from  his  lordabip ; 


and  he  did  assure  me  I  might  depeod  apon  it ; 
but  he  said  nothing  could  be  done  whh  Mr. 
Hiccocks.    Then  1  deiired  them  toacqoaiol 
my  lord  with  it ;    they  both  declined  it,  and 
desired  I  would  go  myself  upoo  tbit  occaiioo, 
I  went,  and  I  told  my  lord,  I  was  come  to  wait 
upon  his  lordship  to  ihank  him  for  the  kind  of- 
fer he  had  niaile  to  my  brother,  of  retuninf  tho 
1,500  guineas,  and  1  wiuhed  the  same  coulilbo 
said  of  Mr.  Hiccocks,  and  I  could  prerail  wiik 
bim  ;  but  nothing  could  be  done  :    I  camoto 
return  his  lordship  thanks ;    and  I  thought  I 
should  have  received  the  money  then.     Mr 
lord  asked  me  to  sit  down,  and  then  told  nev 
he  had  known  I  had  been  to  give  so  grcili 
sum  of  money  for  the  office,  he  would  not  hm 
admitted  me.     I  told  him  1  did  give  so  giil 
a  sum,  but  immediately,  as  sood  as  1  was  li- 
mitted,  1  ensured  my  life'to  the  value  of  8,OO0L 
which  cost  me  400/.  so  that  if  1  bad  died,  m 
harm  would  have  come  to  the  saitors.     My 
lord  said,  it  was  very  honoara|>ly  dooe.    8hb 
afler  that  he  said,  he  was  very  sorry  tosesthi 
items  that  were  put  into  my  accompt  and  Mr. 
Kynaston's,  in  relation  to  sums  in  the  baodnf 
an  honourable  person  :  for,  says  he,  that  InA 
discovered   the  method  of  purchasing  tten 
offices,  that  the  money  is  deducted  out  of  tht 
suitors'  money,  which,  said  he,  1  have  a' 
taken  pains  to  deny,  whenever  I  have 
asked  the  question. 

Seri.  Fengelly.  We  beg  leave  now  to  «k 
him,  how  much  the  whole  of  the  cash,  asl 
securities  transferred  from  Mr.  Hiccocfci  li 
him,  amounted  to? 

T/io.  Bennet.  1  believe  near  100,000/L 

Serj.  Pcngeily.  I  apprehend  he  said  bdoR^ 
he  was  a  younger  brother,  and  bad  bnt  liliit 
fortune  of  his  own ;  1  desire  he  may  be  askfd^ 
whether  »ny  care  was  taken  by  my  lord  Mae- 
clesfield  an  to  the  transfierring  the  effects  of  Ik 
suitors  in  Mr.  Hiccocks's  hands  over  to  bin  ? 
and  whether  any  person  was  emulo\ed  by  if 
lord  to  see  the  effects  transferred  over  ? 

Tho,  Bennet.  No. 

Set}.  Pengefly,  Whether  th<se  was  any  sllNr 
security  for  this  great  sum  of  money  deposili' 
in  his  llanils,  besiiles  what  was  made  by  toil  in* 
surance  on  his  life? 

Tho.  Bennet.  \o,  my  lords,  I  know  of  M 
other  security.  That  was  a  voluntary  acttf 
my  own,  and  I  paid  for  it. 

Mr.  Lutwyche.  My  lords,  Mr.  Bennet  nj^ 
he  had  some  reason  to  hope  that  the  1,500 
guineas  would  lie  given  him  back  again ;  1  ^ 
sire  he  may  be  asked,  whether  there  was  flOf 
subsequent  overture  about  paying  the  1,500 
guineas  back  a(>ain  ? 

Tho.  Bennet.  My  Lord  Chancellor  diii 
me  at  that  time,  and  told  me,  I  should  not 
by  what  means,  or  by  what  methods  1 1 
receive  the  money,  or  by  whose  hands ;  W 
his  lordship  would  take  care  that  one  way  * 
other  I  should  receive  it:    he  wooid  ast^ 
bow,  because  I  might  be  called  npon  Is** 
swer  what  discourse  passed  baiireea  Hi  ta^ 
ship  and  me  in  another  plaoe. 


for  High  Crimn  and  Misdemeanors. 
Was  lb  ere  Any  iliin^  dauc 


017] 

JRr.  Lutmifche. 
Ppon  itial  f 

J'f.  Hearing    tiolliing"    from  my 

Jxirii  «r  for  a  JorinightHfltr,  l  weut  lo 

[I  . ar^,  Mr.  ULyou^  »i)i|  toM  him  Uiat  1 

[1  Mich  exprc^siitcis  in  my  oecompl,  thai 

?  nione^  wa»  ao4  uiodticecl,  it  uoultl  obli&jfe 

I  to  name  my  LonI  Chancellor  ;    auil  I  ile- 

1  hi(Ti  to  acquaint  my  h>rd  th^it  (  couht  not 

this  money ^  onii  that  I  iiuist  discover  it  in 

day  or  iho»     This  ^us  SurMlay  night:    the 

tute  hi^hi  Mr.  DiXon  itHurn^d  from  my  lordt 

1  lohi  iiu-*,  that  if  Mr.  Hulhird  would  fie  pre- 

I  the  next  roornini:  at  the  imyroent  of  the 

py  at  Mr,  Kyiiasion*«  chamuers,  that  Mr. 

fttoti  anil  rijystit'  bUouUI  remve  it.     We 

i  lUe  next  (hiy.    Mr,  Dixon  CAme,  but 

I  money  ;  said  my  lord  ex^^ecteil  some 

ition.     We  said,  as  to  an  rndeniDifi- 

I  vte  cnutd  give  none.     He  said  he  would 

r  ft*  my  lord,    1  was  in  hojiet  he  would  have 

'Ite  money  ;  but  when  he  came  hack, 

.  was  an  ftuliday,  ond  no  moui^y  could 

,  and  desired  we  wuuld  go  to  the  jud^en, 

wr*;  two  ur  ihree  days  time  to  produce 

poney.     1  ttdd  him  we  could  not  do  it, 

I  very  nij^ht  the  report  wii«  to  lie  laid 

ire  the  kmij  and  cnuncil.    He  then  returned 

in  to  my  Lord  ChuiRvthir^  as  he  told  us, 

when   he  came  hack,   he  said   my   Lord 

^'hancellor  was  gone  out.     Upon  that  we  |fave 

.my    Lord     Chajicetior^a    name    tu    tlie 

•p  and  the  y^ntfemen  of  the  Bank,  and 

*il  in  to  the  counnilf  as  I  am  informed, 

Ir,  Lutuychc,  My  h»rda,  wedesirehe  may 

swcr  this  (jue»tifju,  whether  it  was  eirphined 

i  that  indemniticMiion  was,  which  waaex^ 

■etefl,  :uid  in  what  manner  it  was  to  he  ? 

Tin/*  Beunet.  MylordS|Mr.  Dixoa  explained 

lihuv 

of  Macclesfitld,     I    hope  whatever  Mr, 

Eon  said.  Khali  not  aflect  me;  but  that  they 

iluce  bim:    he  ts  able  to  speak  far 

-he.   Then  I  only  desire  he  may 
It  officer  Mr.  Dijfon  was  Qudcr 
I  liccllorf 

f^      r        f,    Mr.  Dixon  wos   my  tord*s 
.cr«t>ry 

Mr  Lutti'yche,     Whether  at  that  lime  that 

t>u  had  ihe  ditcoume  with  my  lord  Mucclea- 

di),  )ou  nicDttoned  or  said  any  thin|^  of  Mr. 

n'ik  havini^  comcio  you  in  my  lord  Mac- 

cslicMS  name? 

Tnp-  Brnitefr  No,  my  lortlsp  that  wai  before 
ir*  1><X'J'  '  lo  mt, 

Mr,  X  'id  you  take  notice  at  any 

I   jiaccteofitld  of  Mr.  Dtxon^s 

4.  No,  F  iiCfcr  apoke  to  my  Lord 
llor  attcr^vardu,    Thia  waa  the  37tli  of 
and  it  wa«  the  7th  Of  December, 
Mrd  U|K»u  my  lord« 

fc9fi,ftitf.     We  think  it   appears  that 

lilnit  Ks^A  an  a]4^ent  of  my  lord  Maeclcfc' 

1  diiiirc  to  know  what  the  nature  of  tlie 

Q£kOaalol'ii]deuiailt<iatioo  WM«  thallAt  ludder 


A,  D.  1725.  [918 

E.  of  Macckijitld.  I  cftn*t  think  Mr,  Ser- 
jeant is  10  earne«t.  Have  they  prored  that  \\m 
wa«  employed  by  me  f  1  have  heard  no  proof 
of  it,  only'  Mr.  St^rjeant  halh  said  it*  Mr, 
Dixon  himitclt  is  the  pro|»er  (Krrson  to  give  ati 
account  of  what  he  told  them  from  me.  If 
they  do  itisist  upon  it,  i  must  beg  your  lord* 
ships*  judE^meni. 

8eiJ,  FcngeUi/.  If  it  is  insisted  upon  hy  tha 
noble  lord,  to  disavow  the  proceeding  of  hia 
uwn  ngent,  we  will  ware  it. 

E.of  Alacctetjield*  1  neither  avow  nor  dia^ 
aTow,  hut  1  object  to  the  evidence  of  thiii  ypen- 
ileman  about  the  discourse  of  what  Mr.  DixoQ 
suid,  who  is  livmgf  and  can  speak  for  himself. 

iSerj.  Pcngcidj,  If  the  noble  lord  will  ask 
Him  any  ihinj^%  he  may ;  we  have  done. 

E.  of  Macclesfield'  I  heg  leave  Uiat  Mr. 
Bennet  may  be  o»ked  two  or  three  questions: 
He  has  indeed  g^iven  evidence  which  g'reatlj 
surprizes  me.  In  the  first  place,  I  desire  ha 
may  inform  your  lordsiiips,  whether,  when  he 
wns  with  me,  he  did  not  tell  me,  that  if  Mr. 
Hiccocks  woidd  pay  2,000/.  be  would  makt 
g-oiul  the  whole  money  ? 

Tho,  Bennet,  No,  i  did  not  say  so ;  I  could 
not  make  good  the  whole  money,  or  any  thing 
tike  if,  t  said  (hat  such  a  report  had  beeu 
fipread,  that  1  proposed  tliut  if  Mr.  Hiccocks 
wouhl  pay  tnc  2.000/.  1  would  answer  the  rest; 
but  I  was  notable, 

E.  of  Maccltifidd.  I  would  be  glad  lo  know 
liow  he  came  to  tell  me  of  a  report  of  his  ny^  u 
act:  Was  it  a  report  without  any  foundation f 

Tho,  Bennet,  I  went  to  Mr,  Hiccocks,  aiul 
told  him  I  wanted  6, 0<Xlf.  but  he  said  if  2,000/> 
would  do,  he  l»elieved  he  could  lend  me  that. 
Lend  it  me,  said  1 !  If  yon  give  me  2,000/,  it  ti 
something'.  And  this  was  the  Ibundation  of 
this  report, 

K.  of  Maccli%fieUl  I  cannot  gfive  evidrnea 
myitelf  to  disprove  htm  io  this;  and  therefore 
I  desire  to  know  wliether  he  Ims  said  to  any 
other  persons,  that  if  ftlr.  Hiccocks  wouUi  pay^ 
him  2,000,  or  3,000/,  or  thereabouts,  he  woufft 
pay  I  he  rest  ? 

TkiK  Bennet*  1  might  say  I  would  endea* 
VQur  to  raise  the  re«t :  but  I  never  said  1  vrotild 
p;iy  the  whole,  for  I  knew  t  was  not  able. 

*E.of  Macdejiftcld.  Mr,  fWniet  uuderstsnds 
my  fjuesiion,  to  which  hehailiL'tten  no  answer. 
My  question  la,  whether  he  hath  not  told  some 
nther  people,  that  in  case  Mr,  Hiccocks  woulJ 
pav  2  or  3,000/,  he  would  pay  alt  the  rfsl? 

Y/fo,  Bennett  No,  my  lords,  1  never  told  any 
bctdy  that  I  would  pay  ibe  rest ;  but  I  believe 

1  might  say,  if  Mr.  fticciKjks  would  ijive  me 

2  or  y.OtX;/,  I  woidd  *.tand  the  hazard;  for  I 
did  not  expect  th»U  all  the  mnney  should  h^ 
taken  out  of  my  hand, 

E.  of  Macctcxjifld,  I  desire  he  may  he  askeil, 
whether  ut  that  tune  he  was  wiih  n»c,  I  d^d  not 
ank  him,  with  what  c<»nwncuce  and  honrriy  he 
could  buy  a  place,  when  he  had  not  nwi*^\  to 
pay  for  itf  or  whether  it  wai  not  in  t« 
that,  that  bi  told  pta  thai  ba  bid  im  i^ 

lifaf 


4 
4 


4 

4 


I 
I 


919] 


10  GEORGE  L 


Trial  of  the  Earl  of  Macdesfield, 


Tho,  Benttef.  My  lr»rd  dnl  lay  so  to  me*  I 
inswer^  1  h«f1  nut  timney  ;  that  I  had  not 
bouf^hl  the  place,  had  it  Dot  bet;ii  for  the  casli 
of  the  tuitorti ;  and  that  I  had  since  insured 
8|000A  on  my  life,  in  order  to  fi€€ure  the  suitors. 

£.  of  MacckiJUld,  1  detiire  to  knoir  Hhat 
irtsible  estate  the  geotleman  then  bad,  aad  of 
what  yearly  value? 

Tho.  Bennni*  My  lords,  when  I  carac  itjto 
the  oB&ce,  I  heliere  I  had  about  360/.  a  year, 
or  thereabouts- 

B.  of  Maeclesjield,  I  desire  to  know,  whether 
be  was  uiarriett  Wore  ? — Tho.  Btnnet,  I  wis. 

E.  of  Macckijicld.  What  fortuue  had  you 
whh  your  wli'e  ? 

Tho.  Ben  net.  The  fortune  1  bad  with  my 
«f  ite,  was  in  the  whokf  betweea  i  and  :i|000/. 
|)art  of  if  was  an  house. 

E.  of  Muwieiifktd,  What  was  the  value  of 
that  houKe? 

Tho.  Uomei,  I  had  not  let  it  then  ;  but  since 
toy  coming  into  the  office  t  bave  tet  it  for  90/. 
a  yirar. 

E.  of  Macciesfield.  I  desire  to  know  if  he  did 
not  keep  \n&  coach  and  efjuipngc  at  that  timef 

Thti.  Btnnet,  1  ffid  set  up  my  coach  in  the 
unfortunate  year  17'iO.  1  was  once  worth 
i}O.D(X>/.  hut  lost  It  »tL|  and  became  much  in- 
debted ;  the  cBtate  I  had  of  my  own  was  mort- 
^a^r^cd  for  more  ihcin  it  was  worth, 

£.  of  Macdtifidd*  W  h  ether  be  was  married 
in  the  year,  17 '20  ? 

l%o,  Btnntt,  No,  I  was  not. 

£.  of  Maccleifidd.  I  desire  to  know  what 
tstate  he  hath  g^tven  into  the  Court  of  Chancery? 

THq.  Bennct.  That  account  lies  upon  the 
*  fable. 

E*  of  MaccksfieU,  What  yearly  value  is  tlial? 

2'ko,  Bonnet.  About  OOOf.  per  annum  ;  part 
of  it  is  settled,  the  rettt  moi'tguged,  and  an  an- 
nuity charfjred  on  it  more  than  it  is  worth* 

K  (}f  Msccififiild.  II  as  any  e^late  been  pur- 
chased Hitb  your  money,  or  money  wliicb 
^acne  from  you  since  you  was  a  AI aster  P 

2%o.  BcnneL  Part  of  that  g:i?en  iu  was  so, 
tSL  per  annum,  and  40/.  per  annum. 

E.  of  Mncdcijield,  Has  any  oiber  estate 
been  purchased  with  your  money,  or  monvy 
which  came  from  you,  since  you  was  a  Atastt^r? 

Tho.  Bennet,  None,  but  wtiat  I  bare  given 
in.     1  bai'e  given  in  every  shilling'. 

Com.  Scrj.  My  tordfi,  1  desire  he  may  be 
Asked,  whether  be  was  not,  at  the  time  of  his 
becoming  Master  lu  ChancerVi  in  iiossession  of 
the  officp  of  Clerk  of  the  Custodies? 

Tho,  Benuei>  Yes,  J  was. 

Com*  Scrj,  Now,  my  lords,  it  will  be  very 
proper  to  ask  him  what  that  was  sold  for,  that 
ilie  value  nf  his  estate  may  be  known. 

Tho,  BfJtniU  That  may  affect  me  and  toy 
auccessor. 

Mr.  Lutirycht.  I  don't  know  whether  we  need 
pat  you  in  mind,  that  the  late  act  of  parliament 
ftnly  inttemntfies  tho  Masters,  but  there  is  none 
to  indemnify  tb«  Clerk  of  the  Custodies, 
***  CoTTL  StrJ.  Which  way  it  will  affect  Mr. 
Umsusi  l4lon't  know.    1  a^pr^be&d  oo  acttoo 


can  lie  against  him  for  thevnt^itey  he  v«ocii 
nor  any  criminal  pro«ecutiou  or  toforma 
But  that  I  may  nut  mis  a|>eufl  yoor  tord^b 
time,  I  di^ire  Mr.  Bennet  may  inform 
lordships  of  the  yearly  value  of  the  place. 

TAo.  Betinet,  It  is  attout  %50L  a  year. 

£.  of  Mucckijieid.  A  patent  for  hfo? 

Tho*  Bennet,  Yes,  my  lords, 

Herj,  Proton.  How  mucb  liatb  it  been  got! 
for  ? 

Tho,  BenneL  I  caoH  tell  what  it  hath  I 
sold  tbr :  It  may  have  been  once  sold  lor  i 
1,200/. 

l!>erj.  Pro&yfi.   At  that  time  when  TOtt  i 
rendered,  what  mi|>hl  it  liave  t>  '  ^  i'jr? 

Tho.  Bennct,  I  beg  leave  t<*  hctl 

I  am  obliged  to  answer  tiiatqu^tiiiuit , 

Serj.  Pengcllj/,  If  it  was  not  saleable  by  I 
it  was  not  worth  a  fiirthing'«     ]  beg  leave  tuf 
your  lordships  in  mind,  tliat  Mr.  Bennt^t 
excused  yesterday  from  answ*>i>ti.:^'  u  (pj^ 
of  the  same  nature :  The  couii  \4 

day,  licing  a  new  day,  they  n.  ^ 
to  ask  the  same  cpie^bon  over  agaiii, 

C^m,  Serj,  Theie  was  another  ifigredientia 
your  lonl!>lup«'  i^solution  yester<lay.  1  hopeM 
IS  no  injury  to  him  to  answer  how  much 
hath  knowtj  it  to  be  sold  forj  wilhout  tne 
in^by  i^hom. 

ISerj.  Ptobjfn,  We  hope  Mr.  Bennet  will  I 
swer  the  question,  what  is  the  most  be 
known  il  to  l>e sold  for  ? 

Mr*  Vlumnur,  My  lords,  I  object  to  blatSA 
swering- that  tjuestioo,  because  it  he  t^i^  idlit 
himi^'U^  that  mi|>ht  be  tliC  ^eate^it  %v%ti\  thatlia 
hath  known  to  be  g^iven  for  it,  and  that  '^~ 
suhjt^ct  him  to  a  penalty. 

Serj.  FrvbtfTt,  We  donHask  who  ^veiti 
who  received  it  i  but  what  la  the  greatest  prid 
be  hath  known  that  office  to  be  sold  tor? 

E,  of  Mttvcksfield,    He  says  he  bath  kaiia 
it  to  be  sohl  for  t,'J0O/.  I  destre  he  may  bea ' 
cd,  whether  he  bath  known  that  it 
sold  tor  mure  ? 

Tfia,  Bennct.    I  believe  Jt  batb  been  i 
more, 

E.  of  Maccksfidd,   And  how  m  n * ' , 

Mr.  IfT^^    This  question  iii  an  r  t 

to  come  at  that  question  ttiai  was  ddutu  iii« 
ythterday. 

Sir  Wm,  Strickland.  My  lonts,  with  homll 
submission,  the  question  asked  by  the  nO 
lord,  tends  directly   to  make  Mr. '  Bennet  1 
what  he  Bold  his  own  olHce  tor ;   for  if  biai 
otlice  was  sold,  it  is  probable  that  he  i 
the  greatest  price ;  and  to  tell  that,  t» 
bim  say  what  he  sold  his  own  ofHce  for»^ 

Mr/Lutot/che,  By  this  method  vm 
ships*  resolution  of  yeulerday  wdl  be  evaM* 
We  took  it  then,  that  the  witness  was  Mi 
obliged  to  discover  what  be  sctld  ih^  olfiee  far. 
Now  they  are  asking  w  hat  is  the  u'l^  't 

he  knew  ttie  office  sohl  for?   Th*  xt 

question  may  be,  to  wit  out  was  the  omce  aoid, 
and  by  whom  was  it  sold  ?  Tlierefore  we  orali 
humbly  submit  it  to  your  latdabips^  tJiAl it  kttsl 
41  questioa  to  be  asked. 


^r  High  Crmti  and  Mitdemetmon. 


A.  D.  1725. 


fsat 


To  oUjifCt  to  8  question  hcrnutc  i  tn&teriiil  fbr  m  to  inerense  his  eitttp,  idi  tt  ft 


l^y follow,  is  odd  ttr(jiimg',      When 

Hion  is  miicle,  it  ^vilj  he  ihfn  time 

^ojtpose  il:    ihert(ior«?  I  liojie  that  we 

.  Proh^n,  My  lords,  I  upprehend  this 
»D  ts  proper,  and  tlie  answer  to  it  is  oe- 

r- 

ll  Lechmere.  Yoar  lordsihipa  iwill  obicrvi; 
*iileft  ill  vour  proceed  in  pa.  Ao  objection 
^n  tnwei  an  answer  hath  been  given  : 
idea  insist  opon  your  lordship's  jud^- 

that  being'  doue^  they  must  withdraw, 
tore  I  ilenire  I  hey  may  withdraw. 
Hf  MnccUiJteld,  The  reply  is  not  yet 
I  lotnethin^  has  been  said  by  the  penile- 
»ho  are  IVIanng^ers  by  way  of  object  ion  to 
festion  that  was  proposed,  which,  it  they 
Iponi  1  desire  my  counsel  who  arc  to  rc- 
\ny  be  heard  before  they  withdraw. 
^  Froin/n.  The  Managers  for  the  House 
Bmona  have  been  pleased  to  examine  into 
IniinstaDces  of  Mr,  Benoet,  at  the  time 
I  adinitteil  Master,  in  order  to  shew  that 
\  tlien  not  of  substance  iit  to  be  entrusted 
E>  great  a  sura  of  money.  We  are  then 
^  obligeii  to  examine  him  as  to  that  snb- 
^  aod  the  value  of  his  effects.  He  hath 
»ttr  lordships  what  estate  he  hath  in  land  i 
\  now  to  examine  him  as  to  his  penK)nal 
I  be  hath  told  us  he  had  an  ofiice,  the 
of  the  Custodies  ;  that  he  hath  parted 
X  \  the  money  arisini^  by  that  office  must 
Itooed  as  part  of  his  personal  estate.  To 
It  the  value  of  the  ofiicef  we  do  not  ask 
By  question  that  makes  htm  Stable  to  a 
y;  but  such  a  question*  where  the  an- 
D  it  may  be  giveo  with  safety  ;  and  that 
at  is  the  greatest  sum  he  hath  known  to 
hccDj^ven  for  the  office  of  the  Clerk  of 
Kitomesf  tie  may  answer  this  without 
lor  himaelf  in  any  ditficultiei,  for  it  is  not 
what  he  himself  hoib  sold  thul  office  for  ? 
■wer  to  this  general  question  can  alfcct 
fith  any  ill  cMio!fiei|uence. 

iSsyer.  I  humbly  ap|)rehend  this  Is  no 
K^qrular.  We  are  enquiring  about  his  ef- 
I  il  la  owned  he  had  the  office  of  Clerk  of 
listodies,  therefore  that  must  be  a  part  of 
Ivooal  tttate :  the  an*ivver  to  our  question 
any  way  invoke  him  in  danger^  or  sub- 
Im  to  any  penalty  ;  because  it  doth  not 
larity  follow  that  tie  sold  bis  pUce  at  the 
Mt  price  thai  he  ever  knew  it  sold  for. 

bmit  it,  whether  it  is  not  a  question  fair 
1  to  the  witJMis,  and  proper  to  be  put 

We  agree  that  where  he  may 
to  a  loss,  there  b  no  forcing  biin 

rion  is  bound  to  accnne  hnn- 
only  a  matter  of  discovery 
of  Ihut  CrtBce  is  ;   the  ansvier 
{ htm  \    and  ibereKoro  we  ho|Yc  wc 
iwer. 

My  bfds,  I  am  surprized  to 

\  this  is  not  a  qnc^iion  matimal 

Had's  dafoK^:   surely  it  ti  as 


Ibr  llit-ro  to  diminish  it.  They  have  already 
cxamiiud  into  partieitlar**,  to  shew  what  sniafl 
substance  he  wa^  q\\  and  what  the  estate  he 
had  was  mortgag-ed  for  :  the  proper  anj;vrer  to 
be  given  to  that,  as  far  as  it  will  g^o,  will  be  t<> 
shew  thift  he  had  other  e^Uite  and  eflects,  «irid 
we  art*  not  able  to  shew  thai  without  examiu* 
ing  him,  1  humbly  submit  it  therefore  that 
we  are  as  proper  to  go  into  that  evidence  at 
they  were  f  it  is  equally  material ;  and  as  they 
have  examined  to  it  on  behalf  of  the  Corn lu^^uvp 
we  are  entitled  to  examine  to  tt  likewise  on  be* 
half  of  the  noble  EarL 

E.  of  Macckificld,  1  apprehend  the  oltjeo* 
tion  is,  that  he  ts  not  to  be  asked  a  question^ 
which  if  he  answers  he  willcharg^e  himself  with 
a  crime  or  penalty.  Wlialever  answer  bt 
makes  to  this  question  cannot  charge  him  :  let 
him  anstver  and  say  that  he  hath  known  thia 
place  sold  for  1,000, 1,500,  or  2,000^.  can  that 
be  given  in  evidence  so  as  to  aflcct  hitn  f 
Therefore  the  qocstioo  to»day  is  not  ibe  sam« 
as  was  asked  yesterday  :  it  was  then  askedp 
what  be  had  received  for  his  place  ?  and  if  ha 
bad  answered  and  said  what  be  had  received, 
it  would  have  been  a  confe^on,  which  would 
have  convicted  him  ;  hut  if  the  answer  be,  that 
be  knows  it  was  sold  for  such  a  price,  and  that 
is  given  in  evidence,  by  that  answer  it  dotb  not 
appear  that  he  sold  it :  therefore  upon  that  i 
humbly  submit  to  your  lordships,  and  we  are 
ready  to  withdraw. 

Serj.  Pengdit/,  This  is  by  a  side-wind  to 
know  your  lotiisbips*  opinion  upon  the  Ninth 
Article. 

E.  of  MaccleificUL  I  beg  leave  to  intcrropC 
that  worthy  gentleman.  I  agree  that  the 
Commons  that  bring  in  the  Charge,  have  a 
ri^ht  to  reply  ;  but,  with  submission,  this  is  an 
objection  arising  from  my  counsel,  and  the  re* 
ply  belongs  to  them. 

Serji.  Pengtllif,  My  lords,  we  apprehend  the 
objection  arises  from  the  Managers,  and  there* 
fore  the  reply  belongs  to  them.  The  Manager! 
made  the  oojectioo,  therefore  we  beg  leave  to 
observe,  thai  this  is  iu  consequence  to  desire 
your  lordships*  judgment  upon  the  Ninth  Arti- 
cle, whether  the  office  of  the  Clerk  of  the  Cus^ 
todies  be  aaleable  by  law,  or  oof  If  he  ii 
obhged  to  answer  this  question,  it  is  upon  a 
supposition  that  the  trAosaction  is  lawful :  there- 
fore, in  an  affair  of  this  nature,  there  can  be  no 
other  view  but  to  get  an  opinion  noon  thi^  Ar« 
tide.  My  lords,  we  apprehend  lhi»i  proceed- 
ing is  in  consequence  tht^  same  as  if  a  questioQ 
was  pro[iosed  to  your  lordships,  wlietncr  my 
lord  Macclesfield  could  by  law  sell  the  place  of 
Clerk  of  the  Custodies  P 

Mr.  Luttrychc.  My  lords,  I  must  lieg  leave 
to  mention  this  to  your  lordships.  When  it  it 
con««idered  upon  what  foundation  this  qucstioa 
ifl  aiikefl,  and  what  it  doth  mr'su.  it  can  be  only 
to  eluilc  vour  b»i  '  '      ^         '  'ly, 

and  lo  make  thai  ^  ra 

should  he  olwayK  Inr  ;4rr;iu  \i  i  :itiuniir  M>ii4  bf^- 

fore  your  lordshipsi  tliat  no  tricki  or  me^lkwU 


• 


I 


025]  10  GEORGE  I.  Trial  of  the  Earl  ofMaccletfieU^ 


■hould  be  made  aseof  to  ask  that  which  should 
not  be  asked.  Now,  m^  lords,  what  is  the 
quettion  they  are  ezamiDiDg  to,  and  the  use  to 
be  made  of  itp  Here  is  a  |>erson  that  is  al- 
leged to  be  of  meau  ability,  and  the  ques- 
tion is,  what  substance  and  estate  he  bath  ? 
And  they  would  reckon  into  part  of  his  estate 
au  office  not  saleable  by  law,  and  ask  him,  what 
that  office  is  worth  ?  From  whence  the  infe- 
rence must  be,  that  he  sold  it. 

£.  of  Macclesfield,  That  is  not  the  question, 
what  it  is  worth  ?  But  a  particular  fact,  what 
is  the  most  that  it  hath  b^  sold  for  P 

Mr.  Lulwyche.  What  doth  that  tend  tof 
The  question  is,  what  estate  this  gentJeman 
had  that  could  enable  him  to  pay  this  money 
for-this  office  P  They  have  examined  him  about 
bis  own  estate,  and  his  wife's  estate,  but  then 
fiiere  is  another  part  of  bis  estate ;  which  was 
this  office  of  Clerk  of  the  Custodies.  What  is 
that  P  It  is  that  rery  thing  which  we  say  it  is 
unlawful  to  sell :  therefore  we  submit  it  to  your 
lordships  as  no  way.  material  to  the  defence  of 
the  Earl.  We  hope  your  lordshijM  will  not  ad- 
mit that  to  be  done  by  an  indirect  method, 
which  would  not  be  admitted  to  be  done  by  a 
ilirect  one. 

S Ordered  to  withdraw ;  which  was  accord- 
^  y  done ;   and  all  parties  concerned  being 
m&r  some  time  called  m  again] 

The  Lord  Chief  Justice  King  declared  to 
them,  That  it  was  the  order  and  judgment  of 
the  Lords,  that  the  said  question  was  not  to  be 
asked. 

Mr.  Plummer,  I  would  ask  Mr.  Tho.  Ben- 
net  one  question,  whether  every  thing  he  had 
in  the  world  at  the  time  of  his  purchase  of  the 
Mastership,  was  worth  the  money  he  gave 
Cor  it? 

Tho,  Bennet.  All  I  bad  in  the  world  was  not 
worth  it. 

Serj.  Probvn.  My  lords,  Mr.  Bennet  says  he 
mortgaged  iiis  estate  for  more  than  it  was 
worth ;  I  desire  he  may  be  asked,  whether  he 
knew  at  that  time,  that  it  was  not  worth  so 
much  as  it  was  mortgaged  for  P 

Lords,  No,  no. 

Mr.  Plumrner,  My  lords,  I  beg  leave  to  ask 
this  question,  and  I  liope  it  will  be  v^ry  proper, 
that  IS,  I  desire  to  ask  Mr.  Bennet,  as  he  hath 
given  an  account  of  a  conversation  with  my 
£>rd  Macclesfield  ;  1  desire  to  know  if  my  lonl 
Macclesfield,  at  the  time  of  his  admission  into 
bis  office,  did  ask  him  what  he  was  worth  P 

Tho.  Bennet,  My  lord  Macclesfield  never 
asked  me  any  questions  in  relation  to  my  cir- 
cumstances, or  any  thing  like  it. 

£.  of  AtaccletJUld,  JVI  v  lords,  I  desire  he 
may  he  asked,  whether  1  bad  any  notice  of  his 
losses  by  the  South  Sea  P 

Tho.  Bennet.  Not  that  I  know  of:  I  fbn't 
know  that  my  Lord  Chancellor  had  any  notice 
of  it. 

Serj.  Pengelfy,  My  lords,  if  the  counsel  have 
.done,  we  shall  not  give  your  lonlships  any  far- 
tiier  trouble  oa  thate  two  Aitkhm :   bolli  of 


them  are  as  clearly  and  as  fullr  pr 
subsUntiated  as  it  is  possible.  It  o 
now,  upon  the  examination,  tbattboii| 
Masters  were  entrusted  with  40, 50,  oi 
thev  were  not  of  any  competent  sabst 
really  worth  what  they  paid  for  their  ] 
places.  As  to  the  manner  of  their  p 
their  places,  if  we  have  not  given  a  d 
dence  that  his  lordship  knew  it,  yet  i 
tioe  and  notoriety  of  the  fact  being  pr 
that  it  was  thus  g^nerallv  understood, 
sonable  evidence  in  itself,  and  by  the 
Earl  took  of  it  himself  by  the  several 
he  hath  asked,  we  think  it  is  yet  clea 
humbly  submit,  whether  upon  this 
every  part  of  these  two  Articles  is  i 
cientiy  proved  P  We  depend  upon  th 
nation  already  taken,  and  will  take 
lordships'  time  no  farther. 

[Then  the  Managers  and  the  cooi 
directed  to  withdraw,  and  the  Lords  a 
to  the  next  morning  at  ten  o^clock  io 
uoou.] 

The  Third  Day. 
Saturday^  May  Bth. 

The  Lords  being  seated  in  their  Ilo 
clamation  was  made  by  the  seijeant  at 
silence ;  and  another  proclamation, 
persons  concerned  were  to  toke  not 
Thomas  earl  of  Alacclesfield  now  sti 
his  trial,  and  they  might  come  forth  ii 
make  good  the  Cfbarge. 

L.  C.  J.  King,  Gentlemen  of  the  I 
Commons,  you  may  proceed  in  your  < 

Mr.  Gyblon.  My  lords,  your  iordsfc 
ing  already  heard  what  has  been  otferet 
port  of  the  preceding  Articles,  I  am  con 
by  the  Commons  to  assist  in  maintaii 
13th  and  14th  Articles  of  their  Impe 
against  the  earl  of  Macclesfield. 

The  Charge  in  these  Articles  is,  That 
knowing  Mr.  Dormer  (one  of  the  M 
Chancery)  had  disposed  of  great  par 
suitors'  money  for  his  own  private  ad 
by  which  there  became,  and  stiU  cent 
deficiency  of  at  least  25,000/.  and  t 
J>ormer  absconded  ii|)on  that  occasi< 
application  was  made  to  the  Earl  tb< 
who  instead  of  takiiit^  proper  methods 
pel  Mr.  Dormer  to  make  satisfaction  to 
tors,  (from  an  apprehension  that  a  pu 
covery  of  the  said  deficiency  might  le 
unjust  gain  the  Earl  propcised  to  bin 
selling  and  disposing  of  ilie  said  oHii 
endeavour,  by  many  indirect  prairtices, 
ceal  from  thesuitoro  of  the  Court,  tiieU 
and  condition  of  the  said  otHce,  aiul  did 
and  dfceitfully  declare  tliut  Mr.  Doni 
onl}'  truiie  to  lake  the  air  ;  tiiat  he  wooli 
in  a  iitlle  time,  and  all  woulU  be  well. 
Mr.  Dormer  huvintf,  towards  a  satisfo 
the  suitors  of  tlie  Court,  aasijfued  la  J 
wards  (who  succeeded  hiin  io  hii  9^ 
MjMr)  adebt  of  34|0i^4i.dM|F 


Jot  High  Crimes  and  Misdemeanors 


||gi>n  (a  banker)  to  Mr.  Dormer,  to  the  inleut 

i  money   received  on  that  accuuut    ehuutd 

Bpplietj  as  the  Court  of  Chancery  stiouUI 

llie  earl  of  Macclesfield «  for  the  unlawful 

rposes  aforesaid,  without  regard  to  the  in- 

st  of  the  said  fiuitors,  by  colour  of  his  said 

did  iu   an  unwarrantaMe,  clandei^tine, 

unusual    u^aoner,   atithori/ef    direct  and 

ftblish  ft  precarious  and  Irifl in (T  composition 

'i  th^  said  Wilson,  upon  his  fiayiog  l,4<i3/, 

Irf.  and  assign  log  10,000/.  part  of  a  debi  of 

kO60/.    12x.  5d.  nrelcndt'd  to  be  due  to  the 

Wilssoij  from  Edward  Pouller,  indischarsjpe 

the  said  debt ;    and  to  that  end,  on  Mr.  Hic- 

(ka's  report,  then  oue  of  the  Masters  of  the 

Court,  wiibout  any  attendance  ordered  or 

thereupon,  and  vi^ithout  notice  to  the  said 

ftrs,  did  by   a  private  order*  not   made  in 

tn  CooTif  order  Mr.  Edwards  to  accept  tl>e 

compofiilion  in  fidl  dischar|^e  of  the  said 

til;  which  said  PouUer  waa  a  person  insol* 

Ht)  and   has  mnce  absconded  for  dtbr,  and 

[fcc,  or  very  saiall  part  of  the  said   10,(XM>/, 

1  been,  or  is  ever  likely  to  be  received. 

Your  lord li hips  will  please  to  observe,  that 

I  Earl  is  charged  with  the  highest  breach  of 

:  in  relation  to  the  suitors  of  the  Court  of 

an  eery }  and  to  have  committed  that  breach 

^usttor  the  most  unjustlQable  end. 

The  crimes,  my  lordfc,  stated  in  lhc?se  Arti- 

,  ore  in  themselves  so  heinous  they  need  no 

avatiott ;  and  1  think  the  noble  lord's  An- 

*  shews  they  are  capable  of  no  excuse. 

le  ii  pleased  to  say,  **  That  Mr.  Dormer  be- 

;  out  of  r?ach,  his  eflecis  unknown,  except 

)  stock,  which  could  not  be  transferred  with- 

bis  concurrence,  and  the  Karl  seeing*  no 

er  way  open  to  get  any  things  for  the  suitors, 

^  beint^  made  bidieve^  tf  a  deticiency  should 

,  the  same  should  be  made  up  bv  other 

did  agree,  that  in  caae  Mr.  f)urmer 

ome  over,  and  make  a  full  discovery  of 

I  effects,  and  assign  the  soiue  fur  the  he- 

t  of  the  suitors,  the  said  Earl  would  allow 

bis  hherty  oo   that  condition,    and  not 

lierwise/* 

he  noble  lord  says, no  other  way  was  open 

^  get  any  thing".    Hiwcj  my  lords,  the  grant- 

^  of  a  seq I re*5l ration  woultl  have  been   one, 

the  speediest  way  to  have  found  out  and 

Dtired  the  etlects  ;  but  it  might  have  beeu  a 

ly  too  open  ;  for  it  must  have  iruhlishf  d  the 

liciency  of  the  ottice  ;  whereas  Mr.  Dormer*s 

niog  bonie,  and  quietly  resigning,  hushed  all 

juiry. 

niial  the  Earl  means  by  Wing  made  to  be- 

^ve  the  deficiency  should  be  made  un,  I  am 

a  Ions,  my  lords,  lo  know.     Made  believe ! 

^w,  or  by   whom?  It  «focs  not  aopear  the 

Iters  entered  into  any  contract  to  do  it ;  and 

uld  his  lordship  think  any  discourse  between 

I  and  the  Masters  (if  sach  there  was)  could 

surticient  security  for  the  suitors  of  the 

i»urif 

But  suppose  the  Masters  bad  contracted  to 
iupply  tli<i  deticiency,  J  submit  to  your  lord- 
•lii^g  imvy  lar  thalcoAUra^  would  tav«  been 


justifiable ;  for  how  should  that  supply  arise  ?  J  f 
out  of  the  suitors*  money  in  the  Masters*  hands^ 
that  wus  only  supplying  one  deficiency  by 
making  another ;  and  it  it  was  to  be  out  m* 
their  own  estates,  that  likewise,  by  lessening 
the  substance  of  the  Masters,  would  dimtnisb 
the  security  of  their  own  suitors ;  and  what> 
my  lords,  could  induce  the  Masters  to  enter 
into  such  a  contract  ?  1  can  imagine  nothingf 
but  to  conceal  the  deficiency «  in  order  to  rais* 
a  value  on  their  own  places  upon  their  re«igna^ 
lions.  I  therefore  submit  to  your  lordships, 
whether  the  Earl's  answer  is  not  an  iniplier 
confeision  of  an  endeavour  to  conceal  Ibis  deJ 
ficiency,.  in  order  tokeipupthc  pric^of  theof^ 
fice?  \our  lordships  uWrve  on  what  condi- 
tion the  Earl  says  he  permitted  Mr,  Dormer  t<» 
come  over,  Bui  I  do  not  finti  the  nuhte  lord 
alleges,  that  in  order  to  gsiin  the  end  proposed^ 
Mr.  Dormer  was  examineil  on  interrogatoriet 
touching  the  debts  due  to  the  suitors  of  th« 
CouK,  or  lo  what  estate  or  eflecis  he  had  to  an- 
swer the  same  :  wt.-  can  i^hew  your  lordships 
there  was  no  such  examination.  We  shall 
prove,  that  Mr.  Dormer  did  not  give  a  satisfac- 
tory account  ol  bis  balance,  and  w  ith  great  dif« 
ficulty  was  prevailed  on  to  convey  his  estate 
for  the  benelu  of  the  suitors  :  but  yet,  my 
loriJs,  he  continued  to  have  his  liberty.  How 
the  Earl  will  account  for  those  nrooeed- 
ings,  I  leave  to  your  lordshi|]s'  conalderalm: 
1  can  see  do  possible  account  can  be  given  but 
this,  that  an  examination  on  in  term  go  lories 
touching  the  debts  of  the  stiitorsj  and  Mr.  Dor* 
mer^s  answer  and  conHnement,  mu^t  have  putn 
lished  the  deticiency  of  the  office.  The  Earl  is 
pleased  to  suy,  *'  He  did  not  doubt  but  tht 
whole  debt  upon  the  said  Fleetwood  Dormer 
would  be  paid.*' 

I  presume  he  did  not  doubt  but  it  would  he« 
because  he  knew  in  justice  it  ought  to  be  paid  ; 
and  since  it  is  before  your  lordsltips,  I  hkewis« 
do  not  doubt  but  it  will  be  paid. 

The  noble  lord  in  his  Answer  is  pleases)  to 
4)uote,  on  some  occasions,  the  example  of  his 
predecessors ;  I  wish,  for  the  sake  of  the  un- 
happy suitors,  and  for  the  honour  and  justice  «>f 
the  Court  of  Chancery,  he  had  hpre  I ul lowed 
the  steps  of  his  predecessors  in  the  case  of  Dr, 
Edisbury. 

The  noble  lord  insists,  "  He  does  not  remem* 
Ijfr  any  applicatitm  made  by  the  Masttrs  for 
any  assistance  of  the  Court,  touching  the  per- 
son or  effects  of  Mr.  Dormer,  but  what  be 
granted,  as  hv  as  he  thought  tended  to  the 
benefit  of  the  suitors.'* 

We  shall  otftrr  proof  to  the  contrary!  but 
had  that  been  so,  was  that,  my  lords,  sumcient? 
Was  the  Earl  to  wait  the  setting  of  a  orosecu- 
tion  ou  foot,  till  application  made  by  the  Mafl« 
teis?  It  was  not  probable  many  ol  them  ^wbo 
bad  bought  at  high  prices,  and  on  resigmttotiSi 
were  to  make  the  most  of  ibeir  places)  would 
apply  for  the  securing  the  perf»on  or  eflTects  of 
Mr.  Dormer,  they  would  not  willingly  have  had 
a  Majjter  imprisoned  ;  the  discovery  of  a  de&« 
citocy  iu  bitu  wQuVd  V\i.^^  ^s^i^  ^\^  vi'^fssf^ 


srj 


10GEO7.GE  L 


Tns2  of  He  LaH  ^Mmade^Ud, 


ify;«.beaf^re  tiiU  ihe  suae  mi^  hu9  hip-  |  mka 

pbL-t^  tt  then  ;  f6t  etrrr  '.^c  k^«  bov  fredj  •  tkk  Ut,  ar  tkil  ke  «m  w 

ihoK  peL-iiai>£s  cnSc^cd  la  the  bal  yew  :  vkk  ai j  pt«oeB  ibovt  tt.    A 

17£-j.    T^je  T£TT  BObM  «f  a  de&oe&cj  wuM  I  can  bt,  ikai  all 

liave  pill  tl^e  sHion  uo  aa  coqclrr.  aLd  opoa  '  leM^  I  leave  lo  ti 

nula^  L«e-  mx«r  cai  oi  ibe  If  nit.  T  baads.  (      He  m  fknnd  U  mt,  '''Mr.  Hk— ifa  !•» 

C*>i^  ibcQibe  £a*1  es;«a  tbej  woiikl  lata-  j  fMied,  it  was  fais cfeaiM  ske  aoeepHBC  the aii 

kiad?     Bui  «u  ::k:>s  LIsdozT  tocaqimcaad  ;  pcrnu^MazledURflafciaeaaBe." 

fire  al!  D«i(y-s!£rT  '.c^ctk.  ac-i  'tike  aU  proper  !      Mj  krda,  it  doa  aot  tffiar  Mr.  likwii 

preck.-jt>>»  i.T  lit  *  :L:?n'  afaj,  bccsuse  the  i  bad  \mkt  ^\  naeh  isM  WitaiB^a 

VLuuty  aes^^eriej '::  ?  No,  cenaialr,  naleK  Ac  :  bad'eauHaed  ibc  partMobia  af  bia 

Cb»  rea^-'D  aM^^rii  in  tbe  Anicae. *  |  oaib,  had caikd the  cifdhaii kdm  bia 

Tbe  £kr!  sa^ft,  -  He  dli  nerer  toAmvvar  ta  i  ^oirc  iaia  the  jaftiee  af  their  4ehtK, or  t 
er-'tttal  the  trocr  fUte  a»i   cc«da^<iB  of  the    tbe  aAonct ;  boi  ret  toob  vpoa  hia  to 
afiix  frook  t}.e  hLupt^,  t'^r  cid  any  of  ibcm.     lioo  put  of  Pooher's  Ma, »  a 
vbi.!  lerr  Uielj,  apfrlv  u»  Li£a  t»  iocik  iau  the  !  the nitorft of  the  C'Out ;  tbwjub  it ~«ii 

I  that  Wiboa  faid  sercra:  af  bii 

Be  vr!I  kser,  tbu  Baaj  of  Uiem  alM  for  t  wards  their  ffo!l 


the  r  okooej.  aid  vere  oroertid  iheir  whole  de- 
naad^  nU,)e  Mr.  Edvards  had  vherew-sthal  la 

Cr  :  i^u  th€iie  aabippj  suiicm,  who  did  act 
ow  of  ihe  de6ci<Acy,  aaJ,  frofo  socb  orden 
f«r  the  wU'le  iix«^jr,  Oiin^bt  vcU  he  pcnsMM 
there  was  do  deocif-acy,  aad  ODaaeqaestly  did 
not  oMBpiaia,  bate  now,  ]  frar,  a  lueUocboIy 
case.  Aodwiu  what  grace  the  EaricazsioHia, 
thai  DO  ftuiiors  erer  Jid,  or  at  least  Lil  very 
lately.  c&aif4aiB,  I  Scave  to  your  kmUipa'  ood- 

KlirrU^O. 

Tb«  Eari  i%  picaicd  to  cay.  "  He  mnenben 
noth'iD^  of  hiS  lining  ihe  expreasNxi  char^rHi  ia 
the  Artjcte,  either  before  or  afier  be  kaew  of 
Mr.  Dormer**  ahBomdiag.^ 

1  beiieie  the  ooUe  lonJ,  oa  a  little  recoilee- 
tiuo,  will  raiiMrr  cali  to  miad  what  he  said  oa 
thii  occasioD,  than  be  ah>  to  gijt  a  ju<t.fiaUe 
reawjQ  tor  .l 

He  i«  pleased  13  9ay  id  his  Ar-swer  to  the 
14-' b  Anicie,  **  He  t^cit-nd  ali  the  aJvaata^  of 
tae  di«pov«l  oi  Mr.  Dd.-iD€T'somce.*' 

Tue  £eii'.leafteD  wr.o  hiiTe  spoke  before  ine 
faaie.  1  hn:«,  sum.-ieuiiy   tnaie  it  a|fe|«ear  to 


cwraaca  prooeetSiap. 
I  aature!Yor  wbicb  1  w<Laot| 

But,  ny  lords,  I  casbot  bat 
!  two  Naoen,  wha  wen  cofAorcd  ta  tabeCB^ 
!  oa  thts  iinportaat  ocea«fn.  (at  the  iaaMH^ 
.  a&bappy  saitocs,  were  very  aooa  (pcadaf  iba 
I  affur)  allowed  to  oeil  the?  pbeea  at  ^artiMl 
*  pnces.  Mr.  Rpscra,  .4B;iist  17il,  lar  ^fiSOL 
:  aad  »Ir.  Uiecocba,  Jaae  KZS,  for  7.iO0LMl 
j  which  rery  Burn  aow  racaaia  a  debt  to  Ik 
^  Riiiors  of 'the  respeccve  oSoea.  Yoar  M- 
;  fthiiis  bare  already  bearU  what  vaa  itmaaid 
,  aoJ  loid  OQ  iboae  mifaatnai^ 
j  The  Earl  ia  pkaoedtosay, '^'natealk- 
I  Edvardt'i  seooad  pctitioB.  vitb  Mr.  Bkcadrli 

report  aaaezed,  fia  wiiirb  Mr.  Edwards  a* 
(  KMJy  prayed,  that  he  mij:bt  he  onleredioi0" 
i  cer'i  iDe  said  oomposiuM  i  tike  Earl  ia  a  pnftf 
<  aod  nsual  fDaoaer  ordered  the  aiae  as  pn^A 

acJ  w-as  iaforajed,  aad  htlieica,  that  the  aii 
J  cv*xnpwitioo  wu  iDade  a^d  azrecid  ta  oa  a  oa- 
I  s«i!iazj->D  of  ali  or  iD»t  of  tbe  Masters  ol  iki 
'  sa.d  Cvutl" 

I  bare  beard,  my  kv^ds,  the  proper  aad  i 


T  ur  \i»r6*L  ^,  that  there  c^uld  be  co  socb  j  laaaaer  is  u  bare  pctiiioas  uf  this  aaiarr  ^ 

'     '        dowo  to  be  heard  ia  poblx,  aad  the  puwi 
cooceiT>ei  to  be  samoMMied  ;   petitioas  n taHf 


Iez«l  or  j.*»t  adiaotage.  Wiiere  tbea  is  the 
gfn^^'-%:\  f  A  SUED  of  iDODey,  wbich  he  ought 
acfl  Vi  btfie  tAk'-D.  is  ^reo  Lp  towards  aaswcr- 
ia;  ^Lr  aei«i  ufihe  Court,  for  which  i  Like  it 
L:s  J>rit:.jp  uixM  J  is  artsneraMle. 

lit  is  '/drkii^  to  sav.  '*  That  aAer  Mr.  Dor- 
iber's  a*^^iiii^  Mr.  ^TiIm>ii's  dei«  lo  Mr.  £d- 
w&r!s,  tne  Ea/i  beSieT«s  Mr.  EJvards  used 
^"^rtai  e  .dearijors  t)  oitaia  f-aTiDeci  aad  satis- 
iacti  a  of  the  said  debt  from  .Mr.  Wil««i  ;  but 
fi-.-iin^  a:i  inJeatoars  froiiless,  aad  that  Mr. 
^Vi.Mra  Lai  sU'p^d  pay  meat,  and  was  io  ao 
eoDoiiicQ  of  pa%  Lcf  his'creditors  the  whole  of 
their  dctts.  Uii  b&d  offered  to  come  to  a  com- 
posin^n,  loJ  to  par  ttem  io  proportioo  the  nt- 
Ob^i  hn  wa«  a-«!e.  Mr.  Edwards  thereupoa  pe- 
th^>f.esi  bi»  l..*d-i!p.'' 

What  tiiose  trreat  endcaToan  were.  I  ana, 
my  lorJs.  at  a  bas  to  kaow ;  for  I  caonot  fiad 
there  was  aav  commiKioa  of  baakraptcy  ukca 
XViboa,  (tbo««h  that  was  advised 
aa  a  nie  aad  aewmry  Bcihod.) 
Ibe  Caart  af  CbaManr,  ar  ia  aay 


.  ta  banknipts,  to  hiiut^  ta  kWoci,  1  bcii*t 

!  arc  so :  the  statute  io  the  case  of  baakiafS 

I  doecu  pobLc  aoucx  to  be  prca  ia  the  GaicMb 

I  for  the  credoors  to  aieei ;  ~thcy  have  aa  app9- 

I  tobity  then  to  make  aii  proper  co^airiei.  ati 

see  ef  ery  ihin^  d<tte  that  loay  he  mcNt  for  that 

I  adiaata^e;  the  baokroit  is  aot  eautlediehil 

libenr.  aor  aay  beoeoi  allowed  him,  witbotfi 

certi^cate  that' he  has  made  a  full  discatcry  if 

his  efectSs  and  that  there  appeals  ao  reasoa  li 

doobi  oi  the  truth  of  such  diocaiery ;  aad  tfl 

thca  oesther,  oole«s  four  pans  ia  fire  ia  aa*- 

ber  aad  raloe  of  hs  cre<9iiors  s^  ouch  oertifi^ 

caie,  and  testily  th<ir  coeseat.     How  the  Etfl 

could  think  it  just  that  tbe  suitors  of  the  Cotfl 

of  Chaacery  (whose  inoaey  was  foroal  htm 

them  by  thr' power  of  tbat  Caort,  aad  pat  iiM 

tbe  haads  of  a  baaknipt  Master)  should 

less  care  takea  ef  tbeiB,  leas  pririlc^ca  i  " 

then  for  tber  arcanti ,  tbaa  aav  fl 


for  High  Crimes  and  Misdemeanort. 


A.  D.  1725. 


[930 


lit  miist  thinks  my  lords^  tbis  clandestine  and 
tiiisual  procetdiog-  a  filrong  proof  of  ihe  crime 
chargetl  in  tliese  Articles. 

As  to  w  hat  the  Earl  says   of  the  compo- 

lion  being*  agreed  to  by  most  of  the  Masieni  i 

^that,  my  lords,  had  been  so  (though  we  shall 

"re  eviiletice  to  the  contmryi)  1  should  not  at 

I  have  wondered  at  it;  tor  any  com  positron 

structed  the  enquiry  and  proceed  in  gfs,  which 

berwise  must  necessarily  have  been  public : 

lit,  my  lords,  had  the  compositioDbeen  ag^reed 

)  on  a  consnUntbn  of  all  or  luo&t  of  the  suitors 

Bcerned,  thnl  indeed  would  ha?e  been  a  guod 

*fencc  of  the  noble  lord. 

*  He  is  pleased  to  aay»  at  the  time  of  Wil- 

'  0*8  assigomcnt  of  Foulter^s  debt^  that  Poulter 

i  looked  on  to  be  a  suhstanlial  person. 

^We  thall  produce  to  your  lordships  cTidence 

)  the  contrary :  and  1  must  obiter ve  that  the 

'irl  does  not  olfer  to  shew  any  proper  entiuiry 

i  made  touebini^  bis  solvency.    Sure,  my 

lis,  when  that  debt  was  taken  as  a  payment 

*  the  suitftrs  of  the  Court,  his  circumstances 

outd  have  been  carefully  looked  to,  and  a  re- 

jnizance  with  securities  taken  in  Court;  but 

it  could  not  he  done  without  a  puMic  notice 

Tthe  deficiency. 

^When  I  consider,  tny  lords,  the  lon^  ex- 

Hence  and  great  abilities  of  the  ooUle  Earl^ 

^cao  nerer  think  ihe  remissness  in  this  en - 

liry,  these  i'laiidestine  and  unusual  proceed- 

jfs,  this    pret^arious  and  trifling'  composition, 

mid    have    happened    tltroufrh  iniulverteticy 

lly :  I  therefore,  my  lt>rds,  roust  insist  upon 

\ms  a  manifest  proof' of  the  charge  contained 

I  these  Articles. 

The  g^enUeman  who  speaks  at\er  me  on  this 

sioo,  %vill  open  the  evidence  we  shall  offer, 

i  will  therefore  take  up  no  more  of  your 

'ships'  lime. 

If.  Hedges.  My  lords,  it  falls  to  my  share 
ff>  endeavour  to  be  assistant  to  the  gentleman 
mho  spoke  last^  in  maintaining  the  13ih  and 
th  Articles  ;  which  I  sliall  do  by  stating  the 
Jence  to  your  lordships  as  shortly  as  1  can. 
I  My  Ion  Is,  the  13th  Article  sets  forth,  that 
.  Dormer  having  embezzled  great  part  of  the 
ors*  effects,  to  the  amount  of  art.QOOL  or 
\  other  great  sum,  and  he  thereupon  ah* 
nding,  application  was  mnde  to  the  earl  of 
^lesfieh],  then  Lord  Chanrellor,  to  secure 
I  person  and  effects,  which  his  lordship  neof- 
lected  and  declined  to  do ;  and  endeavoured  to 
cooceat  the  true  state  of  the  office,  as  well 
-with  respect  to  Mr.  Dormer's  efPtcts,  as  to  the 
debt  due  fmm  him  to  the  suitors.  And  upon 
motioD  made  in  the  Court  of  Chan  eery  Rafter 
bis  lordship  knew  that  Mn  Dormer  had  ab- 
sconded) that  the  effects  of  some  of  the  suitors 
might  be  transferreii  to  a  more  secure  office, 
his  lordship*  in  order  to  delude  the  suitors  into 
a  belief  of  the  safety  of  their  effects,  and  to 
prevent  a  public  ^nipitry,  then  sitting  in  open 
Court,  did  stty,  That  the  parties  need  not  1»e  in 
InHet  falsely  and  deceitlally  at  the  same  time 
Jaolafing,  tliai  Mr*  purmar  iras  oiilv  go&«  to 
VOL,  XVJ. 


take  the  air  in  the  country,  and  that  he  would 
return  in  a  little  time,  and  all  would  he  well  ^  or 
to  that  effect.  And,  my  lords,  notwithstanding 
the  Earrs  endeavour  in  his  Answer  to  evade  the 
Charge  contained  in  this  Article,  1  am  per- 
suaded, upon  bearing  the  evidence,  your  lord- 
ships will  rest  satisfied,  that  it  has  hcen  made 
out  in  every  particular.  For,  my  lords,  as  to 
the  first  part  of  the  Charge,  where  he  deuios 
that  he  was  ever  advised  to  secure  Mr.  Dor- 
mer's per»on»  it  will  l»e  made  appear  to  your 
lordships,  that  Mr.  John  Beunet,  and  Mr» 
Lighihnun,  went  from  a  meeting  of  S(^oral 
of  the  Masters,  and  in  their  names  arquaiuted 
the  Lord  Chancellor,  Ihat  it  was  their  opinion, 
that  Mr.  Dormer  had  not  fHirly  stated  his  ac* 
counts  ;  that  there  was  a  deficiency  of  upward* 
of  ^0,000/.  and  that  it  was  necessary,  tor  exam- 
ple's sake,  he  should  be  committed^  accordin|f 
to  the  precedent  set  him  hy  the  lord  Cowper  ia 
Dr.  Edisbury's  case.  But  the  Earl  insistinji 
on  Mr.  Dormer's  liberty,  they  again  repeated 
the  necessity  of  making  such  an  example,  but 
at  last  left  the  Earl  fixed  in  bis  resoludon  of 
continuing  Mr.  Dormer  at  Uherty. 

My  loi^,  this  promise  of  freedooi  to  Mr. 
Dormer  was  only  conditional  \  if  he  gave  in  a 
fair  and  just  account,  and  assisted  in  getting 
the  debts.  But  he  was  so  far  from  cumidyiug 
with  these  conditions;  that  wheti  he  gave  au. 
account  in  writing  of  Ihe  balance  of  hts  cash, 
amounting  to  49,0txi/.  he  only  informcHi  them, 
that  24,000/,  of  it  was  due  from  one  Wilson,  n 
banker,  since  broke  ;  but  as  to  tlie  remainder, 
ihe  Master  to  whom  it  was  gi^en,  could  never 
i>htain  from  him  any  other  notice  where  it  lay, 
or  what  was  become  of  it. 

Immediately  upon  this,  the  Masters  were 
fiummoiied,  and  acquainleil  with  it ;  and  the 
next  mominfi:  that  account  was  left  with  Mr, 
Cottingham  for  the  Lord  Chancellor's  perusal, 

Yoiir  lordships  will  be  further  informed^  that 
Mr.  Rogers  and  ^Ir.  Hiccocks,  being  directed 
by  the  Lord  Chancellor  to  procure  a  conveyance 
oF  Mr.  Dormer's  estate  to  them,  for  the  t>enefil 
of  the  suitors,  it  was  with  the  greatest  diffictdtjp 
that  Mr.  Dormer  was  prevailed  upii  tocomplj 
with  it. 

In  the  next  place,  my  lords,  his  lordship,  ia 
his  Answer,  denies,  that  he  endeavoured  to 
conceal  the  true  state  of  the  otSce  from  the 
suitors  ;  or  that  he  remembers  any  thing  con- 
cerning the  expression  he  is  charged  with  | 
that  Mr.  Dormer  was  only  gone  into  the  coun- 
try to  take  the  air,  and  that  he  would  return 
in  a  little  lime,  and  alt  would  be  welK 

My  lords,  I  must  agree  that,  since  his  lord- 
ship is  resolved  to  deny  that  he  endeavoured 
to  conceal  Ihe  state  of  the  office,  it  were  to  be 
wished  by  him  that  he  could  safely  deny  this 
expression,,  since,  if  true,  it  proves  that  endea- 
vour directly  upon  him.  But,  my  lords,  the 
words  were  spoken  by  his  lonbhip  in  open 
Court,  and  can  be  sworo  to  by  a  person,  whose 
business  in  Conrt  at  that  time  was  such,  as 
can  possibly  leave  do  room  tor  a  doubt^  or  m 
mistake* 

30 


I 
I 


I 


I 


931] 


10  GEORGE  L 


Triat  of  the  Earl  ofMaedcffidd^ 


For  farther  proof,  ny  lorils,  of  his  lordship's 
endeavour  to  conceal  the  state  of  this  office, 
Vfe  shall  shevr,  tliat  a  messatre  was  sent  from 
the  Lord  Chancellor  to  Mr.  Liglitbouii,  with  a 
proposal  that  he  should  advance  500/.  towards 
this  deficiency :  acquainting  him,  at  the  same 
tiuic,  that  it  was  for  the  honour  of  the  Court; 
and  that  the  appearance  of  a  deficiency  would 
be  attended  with  ill  consequences.  But  Mr. 
Ijightboun  rcfuse<l  to  comply  with  that  demand, 
yvhich  he  thought  wouhl  only  skin  over  the 
wound,  and  not  effectually  cure  it.  And  yet, 
my  lords,  this  proposal  which  Mr.  Lightboun 
bad  the  honesty  and  courage  to  reject,  was  en- 
forced by  the  impeached  earl  with  the  threats 
of  a  pariiameutary  enquiry ;  asserting,  that  if 
the  Masters  did  not  contribute  towards  the  con* 
cealment  of  this  deficiency,  it  would  occasion 
a  public  enquiry  ;  wherein,  if  it  should  appear 
that  they  had  bought  their  places  contrary  to 
the  statute  5  and  6  of  Edward  6,  it  mi^ht  go 
ill  witli  him,  but  that  it  would  fare  much  worse 
with  them ;  turning  even  that  parliamsntary 
enquiry,  which  he  ought  to  have  dreaded  as 
bis  sure  punishment,  into  means  for  extorting 
of  money.  We  have  also  proofs  that  at  anotlier 
meeting  of  the  Masters,  a  farther  demand  was 
made  upon  them,  in  order  to  conceal  the  state 
of  that  office ;  but  all  the  Masters  then  refusing 
to  contribute  to  a  concealment  so  unreasonable 
in  its  own  nature,  the  Lord  Chancellor  paid 
that  demand  of  1,000/.  himself;  not  out  of  an^ 
just  regard  to  the  suitors,  but  for  his  own  proht 
and  advantage,  well  knowing,  that  the  notoriety 
<»f  this  msoTvency  would  make  the  Masters' 
places  less  valuable ;  and  therefore  was  con- 
tent to  part  with  this  sum,  to  insure  to  himself 
a  greater  prospect  of  gain  at  his  next  sale, 
^ur  was  it  necessary  fur  those,  who  deaU  at 
this  auction,  to  bring  any  money  of  their  own 
to  it ;  the  mere  admittance  into  the  office  im- 
mediately giving  them  possession  of  a  cash 
sufficient  to  answer  his  lonlship's  expectations. 
And  thus  beggars  were  his  best  purchasers ; 
though  snre  to  be  the  worst  trustees  for  the 
public. 

How  great  a  hardship  must  it  be,  my  lords, 
to  the  suitois  of  that  High  Court,  to  be  con- 
tending many  yt^ars  for  their  just  property,  at 
9tn  expcnce  possibly  no  ways  propoi  tiooable  to 
their  remaining  fortunes  ;  and  to  find  at  last, 
when  they  had  obtained  a  decree  in  their  fa- 
vour, that  their  money  was  lost  in  a  bankrupt 
(office,  without  hopes  of  recovery  ?  This  is  a 
conttidci-ation  in  which  every  man  in  Great  Bri- 
tain is  more  or  less  concerned.  For  what 
estate  is  there,  which  may  not  some  way  or 
otlier,  in  the  course  of  a  few  years,  come  under 
the  diroction  of  that  Court  ?  How  much  then 
does  it  coucprn  every  individual,  and  rven  the 
legisbture  itself,  that  all  its  avenues  of  justice 
ahould  be  sate  and  open?  But  how  much 
more  does  it  concern  the  honour  and  conscience 
ot  the  person  who  presides  in  it,  if  there  should 
be  a  dantferous  precipice  in  the  way,  to  be  the 


But,  my  lords,  if  in  this  Article,  which  1 
have  opened  to  your  lordshifts,  there  appears 
a  crimmal  endeavour  to  conoeal  tbe  dcfiaeacy 
of  this  office,  supported  by  a  false  assertioa 
made  in  open  court,  in  order  to  delude  tbe  sui- 
tors into  an  opinion  that  their  rooney  was  safe, 
and  a  great  neglect  in  not  aecuriog  Mr.  Dor- 
mer's person ;  in  the  Fourteenth  Article,  bs 
will  appear  in  a  yet  more  guilty  light,  not  odIjf 
neglecting,  as  in  the  former,  to  emjuire  iatolw 
effects,  but  on  enquiry  made,  and  time  bad  for 
mature  deliberation,  confirming  a  precariMi 
and  trifling  composition,  and  tying  dowatk 
suitors  of  the  Court  by  bis  authority,  tothi 
certain  diminution  of  one  half  at  least  of  thdr 
effects,^  and  in  ail  pnil>ability  to  the  irreoorenUi 
loss  of  the  whole. 

My  lords,  in  the  Answer  which  bit  lordikip 
returns  to  this  Article,  |ie  denies  none  of  IM 
matters  of  fact  contained  in  it,  but  admits  Urn 
as  they  there  btand  charged.  I  shall  thenalNt 
only  make  some  obsenaiions  on  tlia  natmrf 
this  transaction,  and  on  the  assertions  iaUi 
lordship's  Answer. 

In  the  first  place,  rav  lonls,  be  iniiiiiiilw 
that  Mr.  Edwards  useil  great  endeavoois  to 
obtain  payment  from  Wilson,  hut  found  thm 
fruitless ;  Wilson  having  stopped  payment bif 
before. 

My  lords,  I  know  not  what  cndeavonis  isi 
lordship  can  prove  Mr.  Edwards  to  hafeiseii 
but  whatever  they  were,  they  were  not  uolikfllj 
to  prove  fruitless,  since,  as  his  lordship  tA 
immediately,  Wilson  bad  long  before  ftoppA 
payment :  But  this  we  can  prove,  that  Wiwli 
books  were  never  inspected  by  Mr.  Kdwafiif 
that  he  never  knew  what  his  debts  were ;  sir 
any  thing  more  of  him,  than  that  Wilson  csM 
voluntarily  to  Mr.  Edwards,  and  proposfdof 
himself  to  pay  him  1,400/.  in  ready  mmtft 
and  to  assigu  over  to  him  a  debt  of  10,000^ 
due  from  one  PouUer,  whose  circumstaactf 
were  still  more  precarious  than  his  own. 

In  the  next  place,  his  lordship  asserts,  tM 
he  ordered  this  whole  afiair  of  Wilson's  coto- 
position  in  the  usual  manner  \  and  is  ii^ 
formed,  and  believes,  that  this  com positioa  vn 
made  and  agreed  to,  upon  a  consultation  of  A 
or  most  of  the  Masters.  But,  my  lorda,  «• 
shall  make  it  appear,  that  the  delivery  of  thi 
petitions,  tlie  orders  made  upon  them,  and  tkt 
whole  transaction  of  this  afl'uir,  was  carried  « 
from  first  to  kist  ui  a  clandestine,  prir ate,  id 
unusual  manner. 

As  to  the  consent  which  bis  lordship  ayiki 
believes  the  other  Masters  gave  to  this  oonwi' 
sition,  we  shall  prove,  my  lords,  that  Mr.  fid- 
wards  was  the  only  person  concerned  on  behitf 
of  tlie  suitors,  and  so  far  was  he,  or  any  of  thi 
rest  of  the  Masters,  from  taking  the  best  evi 
they  could,  that  tiie  first  draught  of  a  mnp** 
sition,  which  Wilson  brought,  was  aceepttd 
and  settler!  betueeu  him  a^  Mr.  Hiocscb* 
And  that  when  Mr.  Edwanlsdid  meatkialkii 
composition  to  some  of  the  Masters,  tbf  y 


Am  in  setting  up  a  niuvrk  lor  all  tbe  world  to  I  so  tiir  from  approving  of  il,  that  Mr.  Bd^tfdi 
•Toid  it.  L  •cquaiatcd  Um  Loro  Chipacellor,  tb4  i^  *i^ 


Jiif  High  Crimes  and  MisdcmennorUm 

Fef  one  oftbefn,  thnt  » f»^t<^  mmpo-  \  n^f  ttpy^l^cfefl,  ^vtA  \f  ?*  Wn^tfr'i  p?aw  wa«  to 
'  Iw*  liatl.     Ami  !-  W 


tnr  iVitm   Ji^fri  I 


>  matter 


■  ■  *  M  V'«  ■ «'     ^r^  - rulil  have 

e^  ivliich 

.-,  ,ju  olheh*, 

1    til  err    prir*. 

,  r*^ ;  whilst  for 

tbecofiM  mi  1^  I,  and  see  ho 

erf'  the  >  i^ioney  wusllnff 

tlhtfig,  a5i   It  |Msse<l   tUrough  the 

lively  of  three  batikrupt^. 

oriN,  we  shaft  f^Hher  prore,  that 

dship  ordered  a  pettliurt  to  be  pr^« 

elf,  (hat  be  miG^ht  approve  of  this 

I  he  nefer  ordereij  the  siiitots  to  I»e 

V\\h  itf  ttor  hatl  they  any  notice  of 

his  tord^ihip  ask,  it'  \VlJ«o»  had 

Btiderl  with  any   other  cr^1itf?r$,  oor  («o 

\  enfjnire  if  he  had  stiorn  to  his  clrcutn* 

ill  be  rrtfVfIc  ftppear,  that  at  thtf  very 

t  I  *^ry 

It  al- 

I'Tli^  1  uptcy  Delist 

r  oil  h 

I  my  h»iil»,  to  jiulge  u  tit  lie  farther  of 
'iter,  by  a  very  s«»re  ru!e  of  jitslrce,  that 
s  one  vrtniid  Im3  done  by  ;  yoor  lord* 
viM   tuid,  thsit   Mr.  FdivnnJs  VotifeaKea, 
^ley,  he  would 
I* If  I  ir. 

that 
.Jed 

^debtiif  irith  iotcresft,  to  terentt  of  his 


^,  my  lord«^  hit  loi  ' 
At  he  helipvt**  Mr.    ! 

D/.  of 
tm*i  hecn 


Answer 

iifwi  since 

11 J e  truth  is, 

U  1^  us  fty  an 

Dt  be- 

j^irt 
Etlwjii tk  by  \\  tUun,  .iS  ^kxi  ot'  Toulter's 

il  '       !,.":,/':,  ■,    .-!■     ■    :,       ^    this 


may     nave    utvii    sim.ki    re- 

olifervJo^  her*  to  yotir  !ord- 
•  rent    «    care    hu^  uppeftred 

:  I  he 
;irt, 
^  to 

I-  iti 
iif^d 
I  1  Uiii 


tWirttii^tnti 
iiti  lonklxi^i 


ua^p«ct 

.ujfe  vrfti 


the 

rlr 


Ritt  my  )ord»f  in  this   impc^achfnent, 

''         "  '  "10  the  dT|^i!  ' 

trard  to  lilt 
1  '<  ijt^jn-iiip  to  enlaro;i 
moment.    His  lot 
I...  <  J i9  hundred  (TO ioea^i^iu  ^.. 

nat  :f^  of  hii  conduct   lO  so 

StUli"!  ,  I    :  __'_'_1  to  deslrov  lln*  rrtp^.^ticf^ 

the  lawn,  bya^ 
to  the  ruit/or  i 

ejrtortiooera  and  robber!*,  we  guoi 
whh  a  caution  proporlionaWe  to  t!^ 
th^rrreharactem:  but  wh- 
ldws,  and  the  eiiiti^fiK  of  .  it* 
defend  and  protect  y«,  are  luaile  ui>e  o)  to  luvite 
111  into  ruin,  how  sure  and  exteujiive  mtistihftt^ 
ruitibeF 

My  lords,  the  Commons  hate  beheld  with 

the  deepeBt  eou cent  such  con    r^ices  in 

this  Hl;nt  Court,  such  as  ha  -d  tiie  . 

beauty  of  justice,  and  reridere*!  u,c  a,MMiiiistra- 
lion  of  it  grierons,  and  even  fatal  to  the  subject. 
They  have  beheld  that  minister  of  jn*>uce, 
whom  tJie  laws  of  the  land  have  invested  svith 
on  extraordinary  power  to  punish  fruud<  -md 
decsfits,  btmsell  carrying  on  a  mos 
deceit,  to  the  ^reat  dishonour  of  tbt 
the  ruin  of  its  suitom.  The  fruardtLii 
l>ecome  tbeir  oppressor,  the  keeper  • 
conscience  ^irostitutinsr  hi«  o^vo,  ni 
nity  of  his  his^h  station,  to  an  i 
tratfic  wHh  the  best  hi  i 
the  scales  of  jusit4ce  iatb- 

Tint,  ray  lords,  that  panuun 
now  eome,  witli  the  terrors  ol 


■A 

fiS 


the  Ma&ters  irv^  -  -  ■■ 
demands.     Rt 
go  ill  \>ith  hi^ 
with  them.     .^ 

himst^If  asrziiii 

j;ev  ■ '  l] 

far-'  ''M 

COi^^ 

ceed  tt>  uur  e  vuleuc^ 


■Mnnce  uun 

told  it  mJL 

it  would  t,,.^ 

lecree  pooouncsed  by 

J  IS,  we  trust,  in  uo  dan- 

;  but  rest  assured,  that  ai 

.  it  will  be  uiiatumously' 

i'ijia. 

tiisf  we  8[ia]|  now  pro« 
oii  thf«fe  two  Article*  to. 
(jcther  1  ti»  "fhew  tr»  Tonr  lord«^htps  thai  the  de- 
fici<  1  'ured  to 

be  ( '  :  and 

first  ot  aU  v.ki  >h;tll  c^ill  '^  \Min<  bs  Uf  prove  Mr. 
DorrotT's  deficiency  to  be  about  *l:>^mJL 

Mr.  Thompton  called,  und  appeared. 


Mr.  Lv 
Thoinpsiu 


,1^      Ikt..   !.....{. 


' -^flrelbntlVTr. 
iry,  OS  thi4 
I iitinH ;  and 


rnaf»^r 

thut  >iM4(ti 

urc-  KiL                   _  .      __.            iu  Dor- 
UK  r's  tiiiicei  Biid  what  dettcieucy  there  wu 

in  itf 

T                                '  '  ■    'la 

debt  J 


at  VJ,fjQ4L  i  1 
WttTib,  who  «• 


1  I  tijul  lUnt  Mr,  Ld-, 


I 


I 


I 


9S5] 


10  GEORGE  L  Trial  of  the  Earl  ofMaccletfietd^ 


[9S6 


office,  bad  paid  to  the  suitors  SS,725/.  15f .  9id. 
so  thai  there  remains  due  to  the  suitors  of  the 
Court;  such  as  have  paid  their  mouev  into  Mr. 
Dormer's  office,  the  sum  of  S5,878f.  16f .  Hd. 
And  this  I  belieYe  to  be  a  true  state  of  the  ac- 
count, from  such  e?  idenoe  as  was  laid  before 
vs. 

^  Mr.  Lutwyche,  If  the  counsel  on  the  other 
tide  don't  think  fit  to  ask  this  eridence  any 
question,  we  beflf  leave  to  call  Mr.  Edwards, 
who  succeeded  Mr.  Dormer,  and  will  a ive  your 
lordships  an  account  of  the  state  of  the  office, 
and  what  the  deficiency  was. 

Mr.  Henry  Edwards  sworn. 

"Mti  Luimycke.  My  lords,  we  desire  that 
Mr.  Edwanis  may  be  asked,  bow  much  the 
deficiency  is  in  Mr.  Dormer's  office? 
.  Edwards.  My  lords,  according  to  the  ac- 
count given  in,  the  deficiency  appears  to  be 
about  twenty- five  thousand  odd  hundred  pounds; 
but  since  that,  there  is  discovered  about  1 ,500/. 
more,  which  was  not  brought  into  the  account. 
It  was  discovered  about  three  weeks  or  a  month 
ago,  and  not  before. 

Mr.  Lutwyche,  I  desire  he  may  be  asked, 
whether  he  knows  of  any  other  deficiency  dis- 
covered ? 

Edwards.  No,  my  lords,  I  do  not. 

Serj.  Frobvn,  My  lords,  I  desire  Mr.  Ed- 
wards may  be  asked,  that  as  there  hath  been  a 
further  deficiency  dtsoovered,  whether  there 
bath  not  also  been  a  discovery  of  further  effects? 

Edwards,  Not  as  I  know  of.  I  am  informed 
administration  hath  been  lately  token  out  to  Mr. 
Dormer,  that  there  hath  been  a  discovery  of 
effects,  but  to  what  value  1  can't  tell. 

Mr.  Strange,  I  would  desire  he  may  be  ask- 
ed, whether  he  hath  had  any  account  from  the 
administrator  ? 

Edwards,  I  have  seen  Mr.  Paxton,  who  I 
understand  administered.  He  told  me  he  had 
discovered  some  effects,  but  he  did  not  tell  me 
to  what  value. 

Mr.  Lutwyche.  If  tbe  counsel  for  the  noble 
earl  have  done,  we  would  beg  leave  to  ask 
another  question  in  relation  to  this  matter: 
they  examine  what  were  the  other  effects  of 
Mr.  Dormer,  we  desire  to  know,  if  Mr.  Ed- 
wards can  inform  us,  how  long  ago  this  disco- 
Tery  was  ? 

Edwards.  I  can't  certainly  tell.  I  believe  it 
is  about  two  months  ago  that  Mr.  Paxton  hath 
bad  administration ;  and  since  that  he  hath 
made  this  discovery. 

Mr.  Lutwyche^  It  is  proper  from  this  ques- 
tion that  hath  been  asketl  by  the  counsel  for  the 
noble  lord,  to  call  another  witness  to  prove  that 
there  have  been  effects  discovered,  and  that 
there  have  been  goods  laid  by  three  or  four 
years,  and  almost  spoiled,  because  no  care  was 
taken  of  his  effects. 

Serj.  Prohyn.  My  lords,  before  this  gentle- 
man goes,  I  beg  leave  lie  may  be  asked  one 
other  question,  whether  he  bad  not  notice  bo- 
fore  Christmas  last,  that  there  were  other  ef- 
fects of  Mr.  Dormar,  and  from  who«? 


Edwards.  Yes,  I  believe,  1  bad ;  aad  when 
I  understood  that  Mr.  Paxton  was  the  person 
who  had j  taken  out  the  administ ration,  1  told 
him  of  it 

£.  of  MacclesfUld.  My  lords,  I  douic  bo 
may  be  asked,  who  it  was  that  brooghl  bim 
noUoe  of  these  effects  ? 

Edwards.  It  was  a  gentleman  that  came  o«t 
of  tbe  country.  I  don't  remember  bis  name. 
He  was  a  person  that  lived  near  the  phoe 
where  Mr.  Dormer's  country  bouse  was.  I 
have  forgot  his  name. 

£.  of  Macclesfieid.  Can  you  recollect  if  yoa 
hear  his  name?   Was  his  name  Goodfeliow? 

Edwards.    I  believe  it  was.  - 

E.  oi  Macclesfieid,  1  desire,  if  you  can  rsod* 
lect,  who  he  said  he  came  from  ? 

Edwards.  1  think  he  said  he  came  from  Mr. 
Cottinghara ;  I  don't  know  that  be  mentioanl 
vour  lordship.  I  understood  your  lordahip  M 
been  acquainted  with  it,  but  not  that  be  ac- 
quainted you  of  it. 

Mr.  Camphtl  sworn.. 

Mr.  Lutwycfte.  My  lords,  f  desire  thai  tlsi 
witness  may  be  asked,  whether  be  knows  if 
any  goods  or  efi'ects  of  Mr.  Dormer  being  dii- 
covered,  and  at  what  time,  and  how  long  tbcf 
bad  lain  in  that  place  where  they  were  round  r 

CampbeL  In  the  year  1721,1  did  buy  apaied 
of  bops,  but  who  they  belonged  to,  I  did  not  tbn 
know ;  but  since  I  find  they  were  Mr.  DonDcr^ 
They  were  148  bags  of  hops.  I  sold  16  of 
them  tbe  same  year,  101  since.  I  boagfat 
them  of  countrymen ;  some  of  one  man,  sai 
some  of  another.  I  bought  them  by  cooi- 
mission  ;  but  Mr.  Dormer  was  not  the  oib 
that  employed  me,  neither  did  I  receive  tlM 
money  from  his  hands. 

Mr.  Lutwyche.  We  desire  to  know  hmv  loo; 
the  goods  did  lie  in  that  place  where  lu'-y  w«re$ 
and  whether  there  were  any  loi$s  Uy  i..  *  saletf 
those  goods,  being  left  so  long  (here : 

CampbeL  They  had  lain  there  simiit  three 
years,  and  1  believe,  inoilestly  8|>eaking,  tkeif 
was  about  500/.  loss  upon  them. 

Mr.  Piummer,  I  desire  Mr.  Campbd  may 
be  asked,  how  he  came  to  know  they  wot 
Mr.  Dormer's  hops  ? 

CampbeL  I  never  did  know  they  were  Mr. 
Dormer's  hopSf  nor  do  I  still  know  it,  but  tf 
I  am  told. 

Mr.  Piummer.  My  lords,  I  desire  he  may  b* 
asked  who  told  him  so  ? 

CampbeL  This  fzentleman  told  me  so  [poioir 
ing  to  Mr.  Paxton. ] 

Serj.  Pengelly.  Af  v  lords,  we  shall  now  caD 
Mr.  Paxton,  who  hath  taken  out  admioistrttioa 
by  the  direction  of  tlie  lords  oommissioocit 
j  of  the  great  seal ;  and  under  that  admioiitFi^ 
tion  he liath  possessed  himself  of  those  effiecti 
which  were  scattered  and  lay  waste  before. 

8erj.  Frobyn.    My  lords,  I  beg  leave  tUj 
witness  may  be  first  asked  oot  question:  I 
tbink  ho  hath  said,  that  he  booght  those  bofi 
by  commission,  not  by  the  order  of  Mr.  DuM  * 
nor  Ibr  Air.  Donntr  s  I  dcau«  he  my ' 


JitT  High  Crimes  and  Misdeineanort* 


A,  D.  1725- 


[938 


'  Mrhose  directian  ihey  were  ke|it  so  bug  by 
I? 

mpheL  He  tbat  u^ye  me  llie  firders  to  buy 

m\   was  not   Mr.   l><irmi!r,  neUher  did  he 

\y  tne  i\\t  mlUlf^y.    Tbe  reason  ibey  lay  m^ 

_  WH&t  i  bail  no  nnlers  to  sell  them. 
\  tierj ,  J^ roh^  n .  W  ho  w as  the  person  th  at  gafe 
\  onlere  lo  buy  tbem  ? 

pbcL    The  person*i  tiftme  is  Mr*  Loog- 

erj.  Pi oiv'J-  Wliere  iloes  this  person  life? 

VCamptrtL  He  lives  at  UlioiftoD, 
^  mi.  Serj,    My  lorib,  I  desire  this  witness 
Ry  be  asked,  whether  or  tio,  about  the  titne 
At  these   hr>pg  frere  boug-htf  they  were  not 

fty  cheap,  aiul  at  a  low  price? 

hCatnpbeL  They  were  at  a  low  prire. 

ICom.  Serj*  Whether  a  great  number  of  peo- 
i  ha?e  not  kept  hops  upon  a  sup[)oeltioa  that 

li^  would  Tlfiti  ? 

iCampUl.  Yes*,  they  ha?e,  a  great  many. 
ISerj.  Frotft/n.     I  desire  be  may  be  asked , 
aether  he  did  not  keep  other  hops  as  weU  as 
fsc  bv   bina,  tor  the  advantage  ot  a  better 
irket? 

ampbcL     Yes,  I  had  sereral  other  hops 

Ufihi  in  that  year  that  I   kept  for  a  belter 

^rket,  and  stilt  had  a  worse.      1  have  hups  by 

i  cost  me^L  SL  hundred,  not  worth  now  10^. 

iiixired. 

.  of  Macclesfield.  How  much  a  bag  might 
I  be? 

Uampbet.  I  cftti't  t«lt  how  many  hundred 
iy  be  iu  a  bag :  i  can't  telJ,  because  ihf y  are 
\  weii^hed, 

^.  ot  Maccktfieid.  Whereabouts  ? 
umpbei.    Sometimes  there  are  300,  some- 
IJ  and  a  half,  sometimes  2  and  5  qrt* 

Lutwychc,    My  lords,  to  explain  this 

er  1  desire  lie  may   he  askeii,  whether  this 

\  he  speaks  or,  ul  4  or  500/.  happened  in  the 

etice  of  the  price^  or  by  tlte  hops  being 

^ll<^a  ? 

ampbeL     Both  by  the  difierence  of  price, 

9  being  cheaper^  and  by  the  anti(|uity  of  the 

Ir.  Luiwifche,  My  lords,  we  desire  he  may 
^iwkeJ,  who  IS  this  Mr,  Longhead  ? 
^   fipbti.  He  keeps  a  uhop  in  Islington,  he 
&ps  a  t^rocer^s  shop. 

~Ir.  Lutwythe.   My  lords,  I  desire   he  may 
\  asked,  whether  he  is  not  Mr.  Dormer's  ser- 
ttt,  or  an  agent  for  him  ? 
f-  CampbeL    For  any  thing  I  know  he  was  ao 
l^nt  for  Mr.  Dormer. 

Com.  Serj.  My  lords»  we  desire  be  may  be 
askcil,  whether,  for  ought  he  knows,  he  was 
BOi tu atrent  tor  Mr.  Dormer  ? 

C^mpbel,  I  beliere  be  was  an  agent  for  him, 
ftitcl  I  have  good  reason  to  believe  it,  because  he 
piatd  nne  all  the  inoDey,  and  gare  me  orders  to 
ouy  the  (roods. 

£.  oi  Maccltifield.  I  desire  to  know,  whe- 
ther the  witness  infer»  that  Loncfraead  was  Mr. 
Dormer ^8  agent  because  be  paid  him  money  ; 
tDight  not  he  have  paild  bin)  tno  mocej  though 
not  been  his  ugem  f 


L.  C.  J,  King^  Kpeak  your  own  knowledge, 
whether  he  was  agent   for  IMr.  Dormer  or  no. 

CumpbeL  I  never  ilid  ask  him  whose  they 
were  ;  lie  employ e<it  me,  and  I  bought  the 
(^tiods,  and  did  suppos*i  they  were  for  Mr* 
Dormer.  1  never  asked  him  whether  they 
were  his  ijowb  or  not. 

Sol,  Gen,  Mv  lords,  we  desire  that  Mr.  Pax* 
ton  may  be  called,  to  shew  how  he  discovered 
these  effects, 

Mr.  Nich&lai  Taxton  sworn^ 

Mr.  Lutw^cke.  My  lords,  we  desire  Mr. 
Paxlon  may  give  your  lordships  an  account 
what  he  knows  ut*  these  hops. 

Pation,  After  I  bad  got  leiiera  of  adminij;- 
tration  to  Mr.  Dormer  granted  me,  1  did  make 
what  enquiry  t  euuld  relating  to  the  eAecIs  of 
Mr.  Dormer.  This  Mr,  Lon^mead  came  and 
ti>kl  me  of  some  hops  ;  that  he  was  servant  to 
Mr.  Dormer,  and  had  biiut^ht  them  by  his  di* 
rection.  Then  we  went  to  Mr.  Campbel's,  who 
took  out  a  handful,  and  said  they  were  saleable, 
and  would  bring  in  about  2iX;/.  He  told  tne 
they  co^t  800/.  and  rt  woiiM  be  best  to  disptise 
of  ihem  ftif  last  as  1  could,  that  there  might  be 
na  mure  loss.  They  ore  not  yet  sold,  they  may 
be  worth  about  200/. 

31  r.  Lutnt^che.  My  lords,  it  is  admitted  by 
the  answer,  that  Mr  Dormer  absented  himself 
and  absconded.  It  was  notorious,  and  talked 
of  by  every  bi>dy  r  It  will  lie  upon  this  noble 
lord  to  givt;  an  acc4)unt  what  he  did  thereon. 
My  lords,  «e  will  uow  proceed  to  give  your 
lordship!^  ail  atciiunt  of  thi»  ctuuposiiitm  made 
wiih  Wdsou  who  was  iutletiii'd  lo  Dormer. 
This  Wilson  was  a  banker,  the  person  tliut  Mr. 
Dormer  entrusted  %vith  money  ;  am]  upon  that 
occasion,  there  being  a  great  tlebt  due  to  Dor- 
mer, as  is  set  forth  in  the  Articles),  a  compo- 
sition is  made  with  Wilson  on  account  of  that 
debt.  There  were  such  ilealiogs  and  proceed-^ 
ings  therein,  as  will  appear  to  your  lordships  to 
hdve  bf en  unusual  and  uowarrautuble.  We 
beg  leave,  therefore,  to  shew  your  hardships  a 
written  evidence,  an  order  under  the  hand  of 
this  coble  lord  hiniseU'  for  this  composition^ 
though  never  diiiwn  up:  And  indeed  your 
lordships  will  observe,  thatthrouffh  the  whole 
cotirse  of  these  proceedings,  there  is  not  any  one 
atlidavit,  or  any  one  order,  or  any  rej»ort  tiled 
intheusunl  manner.  From  whence  we  may 
intier,  that  it  was  intended  to  be  a  clandestine 
thing,  tbat  nothing  might  appear  of  it  upon  re- 
cord, as  other  thmgs  do.  The  first  thing  we 
shall  beg  leave  to  shew  is,  an  as&igtimeiit  from 
Mr.  Dormer  to  one  of  the  Masters  in  Chancery 
of  this  debt.  When  we  have  shewn  that  as- 
signment, then  we  shall  beg  leave  to  give  your 
lordiihipB  an  account  of  the  meibods  and  pro* 
ceetlingg  thereupon, 

BIr.   William  Green  sworn,  and  the 
mcDt  produced. 

Mr*  Lutwyche,    My  lords,  wc   desire  th\c 
witness  may  l>e  aske^^  NvVve>S\«x  \sfc  «wi  ^>^ 
deed  eaecuudf  an4V>^  ^\»mt 


939] 


10  GEORGE  L 


Trial  of  the  Earl  of  MacdejfirJd, 


[94 


Green,  My  lords,  1  diii  see  this  deed  eze- 
euled  by  tbe  late  Mr.  Dormer :  1  am  ope  of 
the  witnesses  to  it,  sod  John  Jones  is  the' other 
witness. 

Mr.  Lutwythe,  My  lords,  we  desire  this 
deed  may  be  read. 

[Clerk  reads.]  This  indentare,  made  the  stx- 
aDd-tirentieth  miy  of  July,  a.  d.  1721,  and  <in 
the  seTsnth  year  of  the  reijffii  of  our  sorerdgn 
lord  Georiife,  by  the  grace  of  God  kiuff  of  Great 
Britain,  France  and  Ireland,  defender  of  the 
faith,  &c.  Between  Fleetwood  Dormer  of 
Lincoln's- inn  in  the  county  of  Middlesex,  esq. 
late  one  of  the  Masters  of  the  Hii^b  Court  of 
Chancery  of  the  one  part,  and  Henry  Edwards 
of  LinGoin*s-inn,  aforesaid,  esq.  one  of  the 
Masters  of  the  said  Hip;h  Court  of  Choncery 
of  the  other  nart.  Whereas  William  Wilson, 
citizen  and  goldsmith  of  London,  is  and  stands 
justly  indditod  aato  the  said  Fleetwood  Dormer 
upon  account,  in  the  full  and  just  sum  of 
S4,046^  4f.  of  lawful  money  of  Great  Britain, 
or  upwiurds,  as  by  the  books  of  the  said  Wil- 
liam Wilson  may  and  doth  appear :  And 
whereas  the  said  Fleetwood  Dormer  is  and 
stands  justly  indebted  to  divers  persons,  suitors 
in  the  said  Ili^h  Court  of  Chancery,  in  sereral 
considerable  sums  of  money,  for  and  on  account 
of  monies  brought  before  and  paid  to  him  as 
Cne  of  the  Masters  of  the  said  Court ;  Now, 
therefore,  for  the  more  speedy  gietting  in  and 
recof  ering  of  tbe  aforesaid  debt,  due  and  awing 
by  and  from  the  said  William  Wilson  as  afore- 
said ;  and  also  for  the  more  speedj  and  effectual 
payment  of  all  such  sum  ancktums  of  money 
as  are  owinur  by  the  said  Fleetwood  Dormer  as 
aforesaid :  This  indenture  witnesseth,  that  for 
the  ends  and  purposes  aforesaid,  and  for  and  in 
consideration  of  the  sum  of  10s.  of  lawful 
money  of  Great  Britain  to  the  said  Fleetwood 
Dormer  in  hand,  paid  by  the  saiil  Henry  Cd- 
wanltf,  at  or  before  the  ensealing  and  delivery 
of  tliese  presentK,  the  receipt  whereof  is  hereby 
acknowledged :  He,  the  said  Fleetwood  Dormer, 
hath  granted,  assigned,  transferred,  and  set 
PTer,  and  Sy  these  presents,  doth  grant,  assign, 
translcr,  and  set  over  unto  the  said  Henry  Ed- 
wards, his  execu'ors,  administrators,  and  as- 
signs, the  saididebt  or  sum  of  24,0-16/.  4f .  and 
all  and  every  part  therertf,  and  all  and  every 
other  debt  or  debts,  sum  or  sums  of  money  any 
wnys  due  or  owing  by  or  from  the  s;iid  William 
WilRon  to  the  said  Fleet woo<l  Dormer,  and 
every  part  thereof,  and  all  interest  doe,  or  to 
grow  due,  for  the  same,  and  all  bonds,  bills, 
notes,  and  oilier  securities,  for  the  same  or  any 
part  thereof.  And  all  the  right,  title,  interest, 
property,  benefit,  advantage,  claim,  anJ  de- 
mand whatsoever,  both  in  law  and  equity  of 
him,  the  said  Fleetwood  Dormer,  of,  in,  to,  or 
out  of  the  same,  and  every  or  any  part  thereof, 
to  have,  hold,  receive,  perceive,  take,  and  enjoy 
the  said  debt  or  sum  of  34,046/.  4s.  an^  all  such 
other  debts  and  sums  of  money  as  are  due  or 
owing  to  the  said  Fleetwood  Dormer  by  tbe 
•aid  William  Wilson  as.  aforesaid,  and  every 
part  thereof,  and  all  the  benefit  theieof,  and  all 


and  singular  other  the  premisaea  mto  the  sai 
Henry  £d wards,  his  execntors,  administratan 
and  assigns  upon  trust.  Nevertheless,  and  t 
the  intent  and  purpose  that  he,  the  said  Hear 
Edwards,  his  executors,  admtnistfatora,  or  ai 
signs,  shall  and  do  issue,  pay,  apply,  and  dis 
pose  of  the  same,  or  such  part  or  parts  thereo! 
as  shall  from  time  to  time  be  bj  him  ortfaci 
'got  in  and  received,  in  such  manner  aa  the  sai 
High  Court  of  Chancery  shall  in  that  behal 
order  or  direct,  for  and  towards  payment » 
satisfaction  of  such  debts  and  sums  of  monr 
as  are  now  due  and  owing  by  the  sud  Fleil 
wood  Dormer,  for,  or  on  account  of  moaii 
bronght  before  and  paid  to  him,  aa  one  of  Ik 
Masters  of  the  said  Court.  And  in  the  mb 
time,  atler  receipt  thereof,  and  until  the  ai*! 
shall  be  so  paid,  applied,  and  disposed  of,  riiil 
and  do  deposit,  lend,  or  place  out  the  aauN^  m 
any  part  thereof,  in  such  mahner  is  theflU 
Court  of  Chancery  shall  in  that  bahalf  ontar« 
dhiect.  And  for  the  better  enabling  tbe  M 
Henry  Edwanls,  his  executors,  admuistoafeofi, 
and  assigns,  to  get,  call  in,  and  receive  the  aftit- 
said  debt  or  sum  of  S4,046/.  4f.  and  other  ths 
said  hereby  acsigned  premisses  upon  tfaetMti 
aforesaid;  He,  the  said  Fleetwood  DoroNri 
hath  made,  ordained,  constituted  and  appoiutri, 
and  in  his  place  and  stead  nut  and  deputed,  ni 
by  these  presents  doth  make,  ordain,  coaitiMli 
and  appoint,  and  in  his  plaoe  and  stead,  pat  ad 
depute  the  ssiid  Henry  Edwards,  his  execatwi^ 
i^ministtiitors,  and  assigns,  his  true  and  hisrM 
attorney  and  attornies  irrerocable  for  hia  tki 
said  Fleetwood  Dormer,  and  in  his  name ;  bit 
upon  the  trusts  aforesaid,  to  ask,  demand,  IM 
fur,  recover,  and  receive  of  and  from  the  tii 
William  Wilson,  his  heirs,  executors,  or  ad- 
ministrators, and  all  and  every,  or  any  ete 
person  or  persons  whom  it  mar  concern,  ihi 
aforesaid  debt  or  sum  of  34,046/.  4s.  and  sikff 
the  said  hereby  assigned  premisses,  and  evirf 
or  any  part  thereof  upon  the  trusts  aforeaii; 
and  likewise  to  compound  for  the  same,  sai 
every  or  any  part  thereof,  as  he  or  they  shall  ii 
their  discretions  think  (it,  and  upon  noopsf* 
mentof  the  same  debt  or  sum,  debts  or 


or  any  part  thereof,  or  brin^,  commeocei  ad 
pn)secnte  such  action  or  actions,  snit  or  ssilli 
either  at  law  or  in  e(|nity,  or  elsewhere,  fortki 
recovery  thereof,  as  he  or  they  shall  be  ad- 
vised  ;  and  on  payment  thereof,  or  any  ^ 
thereof,  to  give  receipts  and  discharges  fortbv 
same,  and  one  or  more  attorney  or  attornia  for 
the  purpose  aforesaid,  to  make  and  coostitsiib 
and  at  pleasure  to  revoke,  and  generally  to  d» 
and  act  in  the  premisses  for  the  recovering  sod 
obtuining  of  the  said  debt  or  sum  of  94,046/.  4f* 
and  other  the  said  hereby  assigfned  preniia0i 
and  every  or  any  jiart  thereof,  as  fully  sad  ef- 
fectually to  all  intenU  and  purpoaea  as  be  Iki 
said  Fleetw(X>d  Dormer,  his  execolors  or  ad* 
rainistratora  might  have  done;  giving  ^ 
hereby  granting  unto  the  said  Henry  £d«iA 
Ins  executors,  administrators  ind  asstow,  ^ 
fuU  and  whole  power  and  aatborityorMfiN 
•aid  Fleetwood  Jkfma^  ia  aii2  abtdl  IH 


Jw  High  Crimes  and  Mitdemeanofs. 


A.  D.  1725. 


?s  opoD  the  trastt  aforesaid ;  bereby  i 
fy  ooofinninff,  and  allowing  all,  and 
T  the  saiu  Henry  Edwards,  his 
rs,  admiiiistratora,  or  assigns,  or  his 
r  attorney  or  attomies  shall  law- 
>.  or  cause  to  be  done,  in  or  aboot 
itnisscs    by  Yirtue  of  these  presents. 

said  Fleetwood  Dormer  doth  hereby, 
self,  bis  heirs,  executors,  and  adiuiois- 
covenant,  promise,  and  afs^ee  to  and 
i  said  Henry  Edwards,  his  executors, 
trators,  and  assigns  in  noanner  follow- 
at  is  to  say,  that  lie,  the  said  Fleetwood 
,  hath  nut  receired,  compounded,  re- 
r  discharged,  or  consented  to  the  receir- 
m|)ouncliiig,  releasing,  or  discharging 
1  debt  or  sum  of  34,046/.  4t.  and 
18  hereby  assigned  premisses,  or  any 
reof,  and  that  he,  his  executors  or  ad- 
itors  shall  not,  nor  will  at  any  time 
T,  receive,  compound,  release  or  dis- 
the  same  or  any  part  thereof,  without 
sent  of  the  said  Henry  Edwards,  his 
rs,  administrators,  or  assigns,  first 
to  had  and  obtained  in  writing  under  his 
hands.  And  further,  that  he  the  said 
od  Dormer,  his  executors  and  admi- 
ts, shall  and  will,  at  the  requests,  cost  and 
of  the  said  Henry  Edwards,  his  execu- 
miuistrators,  or  assigns,  make,  do  and 
,  or  eause  and  procure  to  be  made,  done, 
cu(ed,  any  further  or  other  lawful  and 
ble  acts,  deeds,  powers  and  authorities, 
better  enabling  him,  the  said  Henry  Ed- 
its executurs,ailministrator8,andas8igniy 
or,  recover,  and  obtain  the  said  debt  and 
es  hereby  assigned,  and  every  or  an^ 
Teof  upon  the  trust  aforesaid.  And  it 
liy  declared  and  agreed,  that  the  said 
Edwards,  his  executors,  administrators, 
ns,  shall  not  be  charged  or  chargeable 
*  aceouiitable  for,  any  more  monies  than 
lev  shall  actual ij^  receive,  or  shall  come 
'tucir  hands  by  \irtue  of  these  presents ; 
t  it  fchall  and  may  be  lawful  to  and  for 
I  Henry  Edwards,  his  executors,  admi- 
n,  and  assigns,  in  the  iirst  place,  by  and 
he  prcmi>scs,  U»  deduct  and  reimburse 
d  thtiaselves  all  such  losses,  co^ts, 
I  and  expences  us  he,  they,  or  any  of 
liali  sustain  or  be  put  unto,'by  reason  of 
It  hereby  in  him  reposed,  or  the  nianaf[e- 
r  execution  thereof,  ur  any  other  thing 

wise  relating  thereunto:  In  uitucss 
f,  the  said  parties  to  tliesc  presents  have 
to  interchangeably  set  their  hands  and 
leday  and  year  first  above -written. 

Fj.JLliTWOOD  DuRMEB. 

Luivyche.  The  next  thing  we  shall 
your  lordships  with  iu  relation  to  this 
ti  the  composition,  is  a  Petition  oi'  iVIr. 
lb,  to  which  there  is  an  answer.  The 
it  writ  by  Mr«  Cottiugham,  and  signed 
noble  lord.  1  mentioned  to  your  lord- 
Ml  BD  order  is  drawn  up  upon  it :  no- 
ifpnn  IB  poblic :   tlicraiore  wo  nuit 


beg  leare  to  prove  the  EarPa 


t9tt 
hind  to  this 


ordier  made  upon  this  Petition. 

E.  of  Macciesfitld,  after  taking  the  Petition 
in  his  hand,  and  looking  uptm  the  name  sub- 
scribed to  the  Answer  ^written  upon  it,  aaid^ 
My  lords,  this  is  my  band. 

IClerk  reads,] 

To  the  Right  Honourable  Thovai  Earl  of 
MiccLEsriELD,  Lord  High  Chancellor  of 
Great  Britain :  The  humble  P£TmoN  and 
Kepreseiuation  of  Henrt  Edwards,  Esq, 
one  of  the  Masters  of  the  High  and  H<h 
Dourable  Court  of  Chancery. 

Sheweth,  That  William  Wilson,  citizen  and 
goldsmith  of  London  i?,  and  stands  justly  in- 
debted to  Fleetwood  Dormer,  esq.  late  one  of  the 
Masters  of  this  Court  upou  aocount,  in  the  full 
sum  of  S4,046/.  4j.  as  by  the  books  of  the  stid 
William  Wilson  doth  apd  may  appear. 

That  the  said  Fleetwood  Dormer  is  and 
stands  justly  indebted  to  divers  persons,  raitort 
ill  this  Court,  in  several  considerable  sums  of 
money.  And  fi»r  the  more  speedy  getting  in 
and  recovering  the  said  debt,  and  efiectnal  pay- 
ment of  all  such  sum  and  sums  of  money  an 
are  owing  by  the  said  Fleetwood  Dormer  ae 
aibreaaid,  the  said  Fleetwood  Dormer,  for  thai 
end  and  purpose,  hath  by  indenture,  bearing 
date  the  S6th  of  July  1781,  granted,  aflsigned, 
transferred,  and  set  over  to  your  petitioner,  bit 
executors,  administrators,  and  Assigns,  tbe  said 
debt  or  sum  oft*  94,046/.  4f.  in  trust,  and  to  tbe 
iifttent  that  your  petitioner  shall  pay,  apply,  and 
dbpose  of  the  same,  or  such  part  thereof  an 
shall  from  time  to  time  be  by  him  got  in  and 
received  of  and  from  the  said  William  Wilson, 
in  such  manner  as  this  Court  shall  order  and 
direct. 

That  it  appears  to  your  petitioner,  that  the 
said  William  Wilson  it  indebted  to  divers  other 
persons  in  great  sums  of  money,  and  for  some 
time  hath  not  been  able  to  carry  on  his  business, 
or  to  make  good'  and  pay  the  said  debt  eo  as- 
signed to  your  petitioner;  but  hath  lately  of- 
fere<l  to  your  petitioner  and  his  other  ereditore 
to  come  to  a  composition,  and  to  pay  them  in 
proportion  the  utoDost  he  is  able.  And  your 
{letitioncr,  doubting  whether  he  can  with  safety 
to  himself  agree  to  any  such  coro|H>sition, 
humbly  prays  your  lordship  would  be  pleased 
to  refer  it  to  one  of  the  Masters  of  this  Court, 
to  see  if  such  composition,  so  proposed  by  ihm 
said  Wikon,  be  tor  the  benefit  of  the  persona 
intituled  to  receive  the  same.  And  your  peti« 
tioner  shall  ever  pray,  &c. 

30M  of  June,  1789. 
Be  it  as  is  prayed,  and  to  that  end  let  it  be 
referred  to  Mr.  Hiccocks  one  of  the  Mastereof 
this  Court,  and  let  tlie  Master  speed  his  report : 
aHer  which,  such  further  order  will  be  made  an 
shall  be  just;  of  which  give  notice  forthwith, 

>UCCL.ESFICU»»  C. 

Mr.  Lutvyche.  My  lords,  I  beg  leave  to  tnk^ 
notice,  tbet  in  thie  reUliivi  it  it  expreftly  re* 


043] 


10  GEORGE  h 


Trial  of  the  Earl  ^MaceirffiMf 


ritedt  that  Dormer  was  inrlpbied  to  the  suitors 
the  Court^  aod  that  beinLr  so,  we  &()|»reheiul 
the  greatest  care  should  liare  been  taken  for 
tUeir  l»etieftt.  Your  lordships  sball  see,  io  the 
ttro^esa  of  this  thiuef,  how  it  wvls  transacted. 
1  beUe?e  any  person  that  is  coocenied  m  the 
Court  of  Chancery  bath  not  known  such  a  pro- 
cecdiog'  in  the  most  trifling-  matter  wfint«iK»ver. 
My  lords,  the  next  thinjg^  is  a  second  Petition, 
iaid  to  he  with  a  report  annexed,  but  wc  can*t 
find  it  filed  ;  here  is  a  p^pcr  of  Wr.  Hirrocks 
pot  sinmpt  nor  tiled,  which  we  do  iip[»rphend 
to  be  the  report  laeiint,  and  therefore  we  desire 
that  may  be  first  read* 

iCierk  reads,] 

Whereas  by  an  order  made  by  the  right  hon, 
be  Lord  Qigh  Chancellor  of  Gnat  Brilain. 
the  30th  Juue  last^  upon  the  hutnhle  Petition 
of  Henry  Edwards,  est]. ;  one  of  the  Masters 
of  this  Court,  1  am  directed  to  see  if  the  com- 
nositiun  in  tlie  said  order  mentioned,  to  be  of- 
fered or  proposed  to  be  made  by  WiMtam  Wil- 
son, citizen  and  E^ollsfoith  of  London,  to  the 
said  Mr*  Edwards,  as  assig-nee  of  Fleetwood 
Dormer,  esq.  late  one  of  the  Masters  of  this 
Court,  who  was  a  creditor  of  the  said  William 
Wrl90p,  for  the  sum  of  24,046/.  4^.  in  the  said 
Petition  incntioued,  before  the  benefil  of  the 
uernonH  entitled  to  receive  the  same.  1  have 
I»een  atiended  by  the  said  Mr.  Edwards,  and  by 
the  satd  William  Wilson,  and  considered  of  the 
te? eral  matters  by  the  said  Petition  and  order  to 
me  referred.  And  the  said  William  Wilson 
bath  under  his  hand  In  writitiijr  proposed  to  as  - 
aign  over  to  the  snid  IVIr,  Edwards  (m  a  corapo- 
iltion  for,  and  in  full  dischar^fe  of  the  said  sum 
•f  ^i,04tj/.  4f.)  the  sum  of  10.000/.  part  of  a 
larger  sum  due  to  the  said  William  Wilson, 
from  Edward  PouUer  of  Hackney,  in  the 
county  of  MiddleNex,  gcat.  and  to  pay  to  the 
said  Mr  Edwards  in  specie  the  sum  of  1,463/. 
2s.  If/,  over  and  above  the  sum  of  560/,  already 
|iaid  to  the  said  Mr  Dormer  \^  part  of  the  said 
composilion.     And  upon  consideiaiion   bad  of 

tihe  circumstances  of  the  said  William  WiUon, 
and  the  suid  several  matters,  I  am  of  opinion 
llmt  the  acceptinjTf  the  said  composition  will  be 
for  the  benefit  of  the  person  or  [persons  crilHlefJ 
lo  receive  the  same.  All  which  I  htimhly  cer- 
tify and  submit  to  bis  lordships      HtccocKs* 

_  Mr.   Lniuyche,    Now  read  the  Petition  of 

■  Mr.  Edwards,  and  the  order  thereitpon. 

■  iClerk  reads,] 

^^^    **  To  the  Risfbt  Honoarable  Thomas  Earl 

i^^^L  *    of  Mttccleslieid,  Lord  Ili^h  Chancellor  uf 

^^^K      Great  Britain, 

^^V  ««  The  Humble  PeTmoN  of  Henry  Edwards, 

^^^^B  Esq.  one  of  the  Masters  of  the  Fligh  and 

^^^^B  H  ouourable  Court  of  Chancery, 

^^^       «« Sbewtlh, 

H  '*  That  upon  yniir  Petitioner's  former  Petition 

■  preferred  lo  your  lordship  reltiting^  to  W' illiimi 
nilMD,  dlixep  aod  goldtmilb  of  Loudon,  your 


\ 


lordship  the  SOtli  of  June  last  tras  pitastd  w 

refer  it  to  Mr.  Hiccocks,  one  of  the  ^la5i«^r^  nf 

Ibis  Court,  lo  see  if  the  cuir^; 

in  the  said  Petition  and  order 

the  satd  Wits<»n»  would  be  for  iU*i  Wut:iUw{| 

persons  eutillcd  to  receivi?  the  *?ain»». 

**  That  the  said  Mr  Hicr 
attended  by  your  petitiooct 
suOf   hath,    nursuant   to  yout    ionlsU 
order,  made  bis  report,  dated  the  tM 
last,  whereby  he  certifies,  ihat  he  is  <        _ 
that  the  accepting  of  the  cntn position,  m  [ 
report  mentioned,  will  be  for  lite  benefit  of  J 
person  or  persons  entitled  to  receive  the 
as  by  the  rci^ort  aniieteit. 

"  Wherefore  your  |»etitiooer  most  htin 
prays  your  lordship  to  take  into  your  o6 
deration  the  matter  of  the  said  report,  ao 
order  your  petitioner  io  accept  of  the  said  c 
position  upon  the  terms  therein  mentioof^ 
your  lordshijishaUao  think  fit,  or  toraakei 
other  or  furtlier  order  in  the  premises  as  to  i 
lordship  shall  seem  most  meet* 

<*  And  your  petitioner  shall  ever  pny,  t 

*»  3rf  Augutt,  im 
"  On  the  Tleport  anueifeil  be  U  as  is  |m| 
Of  which  give  notice  forthwith, 

♦'  MAccLCsritij>^C.*j 

Mr.  Latw}fche,  My  lords,  1  must  L^ 
to  make  one  observation  upon  this,  thal^^^ 
bte  lord  ma^  explain  it,  for  I  betieve  tliemSl 
precedent  tor  it ;  when  there  is  a  comp    ^'^ 
thus  to  be  made,  and  thus  referred,  i 
port  hath  been  made,  the  prayer  of  the  J 
IS,  That  Mr  Eilwards  may  be  ordered  tH 
of  this  composition,  or  to  make  such  oil 
dev  as  his  lordship  should  think  Wx. 
swer  to  it  is,  Be  it  as  is  prayed,  of  which  j^irs 
notice  forthwith  ;  by  which  *i  suppose  the  i 
ties  understood  that  it  was  onlermyp  Mr  J 
wnnlsto  accept  of  this  composition.     No* 
wonderful  U>  me,  if  he  was  ordered  toi 
the  composition,  why  it  is  Siiid>  Cijri 
forthwith.     What?  when  the  tiling 
Besides,  there  'u  another  thiog  more  i 
to  whom  should  such  notice  1^  ^iven  ? 
fo  the  suitors  of  the  Court.      But  it  ti 
known  his  lordship  bad  not  aji]      /    "    ny  i 
citor  for  the  suitors  of  the  Co ,  ,  ij  \ 

no  notice.  thou;>'h  there  is  a  st-nuiidiu  ti  or  t[ 
of  what  is  done  in  other  cases.     We  sUall 
leave  to  shew  next  to  your  lordships,  I 
orders  on  these  petitioos,  tliis  report^  i 
proceedings,  were  not  one  of  them  4 
filed  as  orders  usually  are. 

Mr.  Plummcr,  My'tord^,  I  bf  sr  leave  ta4 
one  oli^ervation  beibre  f 
The  Pclilion  is  by  Mr  i  ^^nlv* 

the  Mastern,  and  it  is,  thui  my  lord 
tield  would  he  pl*>4ised  to  order  !nm  t«>;sc 
tlie  composition.     None  of  tfi 
Court,  who  were  the  persons  t 
the  same,  arc  petitioners. 

Clerk  reads  two  Certificates  Irorn^  andi  ^ 
by  Edward  GoUBbrutigb,  deputy  j«gUter»'t 


fifT  High  Crimet  and  Mudemeanors. 


[946 


were  no  such  orders  entered,  nor  no  aiieb 

epori  filed. 
Mr.  Luiwuchg*  My  jorils,  l(je  composLiion  is 
jneil  by  William  Wilsoo.     I  <I*»sire  Mr.  Ed- 
krds  mmy  be  asked ^  wbetber  he  knows  Mr. 

^ilsou's  ham!  ? 
Edwards.    This  is  signed  by  Mr*  Wilson  ; 

^is  Mr,  WikoQ^s  hand, 

ICUrk  rends,] 

'  "  Whereas  a  suit  in  Chancery  is  now  de- 
riding bftween  Mr.  Eilward  Poulter  of 
Rckoey  and  myself,  fi»r  ike  sum  of  23,060/. 
^d.  which  [»e  afijreed  lo  pay  me  for  and 
on  clo^iot:  &U  Accompli  between  us:  and 
liereaa  Fleetwood  Dormer,  esq.  late  a  Muster 
kibe  High  Court  of  Chancery,  being  indebted 
)diters  pei-sops,  s^irtors  in  the  st^id  Court,  in 
feral  considerable  sums  of  money,  fur  und 
i  ftccount  of  money  brought  belbre^  and  paid 
Irbim  as  one  of  the  Matiters  ut  the  »aid  Court, 
fthe  said  Fteetwcmd  Dormer^  for  tlje  Ijttter 
■jment  liiereof,  did  by  assignment,  dutecl  the 
*i  of  July,  1721,  aWij^n  uver  to  Heury  Ed- 
e»q.  ooe  of  ilie  Masters  of  the  said 
m  lUbt  or  sum  of  24,04d/.  4f.  which 
I  and  is  due  and  owiug  Ironi  me  to  him, 
f  said  Fleetwood  I>ormer :  And  whereaii  I 
incapljle  of  paying  the  said  debt  of 
k,046/.  4t.  did  Intely  pro^se  as  a  coinpositioii 
r*  aoil  in  full  diHchnrife  tit  the  same,  to  assign 
f  the  said  Eleiirv  Edwards  the  sum  of  10,000/. 
Lof  the  sunt  <if  'I2,i)60L  l^s,  5d.  due  to  me 
the  said  Edward  Poulter;  us  aforesaid; 
likewise  to  pay  to  hinif  the  said  Henry 
iirards,  the  sum  of  U453/.  2f.  Id.  in  sperie, 
p  and  above  the  sum  of  560/,  before  [»nrd  to 
>«itft  Mr.  Dormer,  in  part  of  the  said  com- 
Lion:  And  wliereas  on  a  petilinu  preterretl 
ilbe  right  hoouurable  the  Lord  High  ChRn> 
jlor  of  Great  Britain,  by  the  said  Henry 
i wards,  rejiresenting  the  matter  of  the  said 
and  after  several  subse([iienC  pro- 
diogii  bad  upon  the  said  Petition,  Win  lord- 
.pleased,  by  order  dated  the  3rd  of 
jiial,  17*8,  to  order  the  said  Henry  Ed- 
irds  to  accept  of  the  said  compt^silion :  and 
said  Henry  Edwards  having  thereupon 
'  to  accept  of  the  said  composition,  ac- 
rdingly  I  tio  hereby,  in  consideration  thereof, 
lign  over  lo  the«iaid  Henry  Edwards  the  sum 
'  10,000/.  part  of  the  sum  of  32,050/.  Iti.  5d. 
Pto  me  from  the  said  Edward  Poulter  as 
resaid,  bnving  already  paid  him,  the  said 
Edwards,  the  other  sum  of  1,463/,  2s.  Id. 
lore- mentioned.  And  I  do  hereby  promise 
ay  to  the  said  Henry  Edwards,  esq.  ftr  his 
the  said  sum  of  10,000/,  on  my  reco* 
ring  the  sum  of  *i2,060/.  lis.  5</,  afures^ud, 
^)r  othei'wise  to  |Miy  him  a  like  proportion  of 
wlial  I  shall  recover,  more  or  less,  from  the 
■Ud  Edward  Poulter.  And  I  do  hereby  fnr- 
H^  promise,  that  I  will  not  do  any  act  to 
^Ecmnber  or  discharge  the  demand  I  now  bare 
BBtoat  the  said  Edward  Poulter,  wtUiout  the 
^MMQl  of  the  said  Henry  Edwards,  And 
ii^OTMi  the  said  Mr*  Edwards  doas  noif  ao* 
VOL,  XVI. 


cept  of  tho  s&id  composition,  1  do  hereby 
dei^'lare  and  agree,  that  il  I  do  not  on  demand 
pay  him  the  before- mentioned  proportion  of 
what  1  shall  recover  from  the  said  Edtvard 
Poulter  as  aforesaid,  or  <lo  any  v\  ays  diacharije 
the  demand  1  now  have  at^ainst  him,  without 
the  consent  of  the  said  Henry  Edw  ards^  Uiat 
then  Uie  said  C4im position  no  made  by  the  saiil 
Edwards,  sliall  be  void,  and  of  no  effect,  as  if 
it  had  never  been  made.  And  I  do  hereby 
funhet  promi^e«  1  will  at  my  own  charge  pro- 
secute the  said  suit,  and  also  do  and  execute  all 
further  and  other  acts  that  shall  be  necessary 
for  the  better  assigning  lo  the  said  Hcniy 
Edwards,  esq.  the  before- mentioned  proportion 
of  what  I  shall  or  tnay  rt'cover  as  aforesaidi 
from  bim  the  Haiit  Edward  Poulter,  as  he  the 
said  Henry  Edwards  shall  at  any  time  require* 
Witness  my  hand  ibis  SBth  day  of  Au^^ust^ 
1732.  William  Wiuom. 

**  3  l9t  of  October,  1734.  Paid  to  Henry  Ed- 
wards,  esq.  the  sum  of  1,000/.  in  part  uf  ihil 
note  of  assign  in  en  t.  William  Wilson/' 

Mr.  Lutut/che.  My  lords,  this  composition 
which  hath  been  read  to  your  lordships,  h  re- 
cited to  be  in  full  satisfaction  and  discharge  of 
Wilson's  debt.  Now  we  beg  leave  Mr.  Ed- 
wards may  be  asked,  Whetlier  he  mnde  any 
application  to  the  earl  of  Macclesfield,  before 
the  first  petition  was  preferred  ? 

Edwardt.  My  lordjj,  I  bad  received  pro* 
posals  from  Mr.  Wils^on  ;  he  came  to  me  and 
told  me,  lie  had  a  sum  of  money  in  bis  handa^ 
and  was  willing  to  pay  the  debt  to  I^Ir.  Dormer, 
ill  proportion  witii  his  other  creditors,  and 
asked  me  whether  I  wouhl  accept  of  a  corapo* 
sitiop,  and  gi¥e  him  a  discharge  in  full  f  I  loM 
him  I  had  no  povi^r  to  make  a  com  position, 
hut  however,  I  would  represent  it  lo  some  of 
the  Masters  ;  and  accordingly  I  spoke  to  51  r^ 
Htrcncks,  who  was  then  aeuior  Master,  and 
told  him  the  proposal  Mr.  WiUon  had  made; 
and  i  believe  I  mentioned  it  to  others,  but  es- 
pecially to  Mr.  Biccocks,  he  being  the  senior 
(blaster,  and  more  particularly  concerned  in 
Mr.  Dorraer*s  aifaijis.  Mr.  fliccocks  was  of 
opinion  1  could  not  safely  make  a  composition . 
I  asked,  What  method  then  was  the  most 
proper  to  be  taken  ?  Jf  that  was  really  all  he 
had  to  pay,  J  had  better  secure  that  than  have 
notking.  He  said  he  did  not  seo  why  it  might 
not  be  in  this  case  as  in  other  casea ;  whether 
upon  a  petition  to  my  Lord  Chancellor,  be 
might  not  direct  an  enquiry  to  be  made  by  a 
Ma&ter,  whether  it  wt»s  fur  the  U-nefit  of  tho 
parties  to  make  such  GOmpo<ittjou  or  not  f 
Upon  that  I  waited  upon  my  I^ord  Chancellor, 
and  acquainted  him  with  Mr.  Witson^s  pro* 
poaal.  I  told  his  lordship^  I  thought  I  bad  not- 
power  to  do  it.  He  said,  I  think  so  too ;  I- 
don't  see  that  you  have  power  to  do  it  8aid 
J^  I  am  informed  that  it  is  usual  in  cases  of 
this  nature,  to  apply  to  the  Court  by  petition* 
that  it  rosy  be  referrecl  to  a  Master,  to  see 
whether  the  accepting  of  this  CQt^^«\\^\i>a% 
ibr  tbft.  h«a«tit  ol  i^«  \^ax\x«i  uc^i^naT\i«4.  ^^  ^^^ 


917]  10  GEOHGE  I. 

Yt%,  «avs  my  lord,  1  thittk  that  is  very  proper, 
tbaf  vt'iH  iDtlf^rnmiy  you^  I  would  liiivf>  you 
prefer  a  petition  j  ivhich  •ccorrliojrly  *  J'^- 

Mr,  Lutwychr.  I  tvoiild  beg  leare  to  ask  In 

relation  to  Mmi  he  ini*rilions/that  it  was  taken 

sotiee  of  ihat  lie  had  no  poiver  to  make  inch 

teoitifH^iiJon,  whether  any  thing"  was  said  whc- 

Flber  my  lord  J^larcles^firld  had  such  a  power  F 

Edmurdt,    No,  there  was  nothing  said  of 

Mr.  Plummer,  My  lord*,   1   desire  toi^  may 

a  iked,  whetiier  aliy  of  the  suitors  «ere  ac- 
iiiini^  ^ftth  this  intended  oonipositinQ  ? 

Edveard$,  No. 

SoL  Oen.  Did  my  lord  Maeclesfteld  gire 
tiy  direction  to  give  nolice  to  any  of  the 
■uitoraf — Edward4.  No. 

Mr.  Fiummer,  My  lords,  1  de«ire  he  may 
be  aaked,  if  he  himself  att  em  led  Mr.  Hiecocka, 
when  Mr.  Wilsou  was  before  Mr.  Hitcocks? 

Edwards.  I  am  not  sure  1  was  there  at  aoy 

tte  with  Mr.  Wilsoo, 

Mr.  Plummet.  If  he  knows  what  methods 
were  taken  to  know  what  Mr.  Wilaou  was 
worth  ? 

Edmards,  f  understood  that  Afr,  Iliccocks 
and  Mr.  Rogers,  the  two  senior  Masters,  upon 
Mr.  Dormer^s  abtsentrn^f  himself,  had  Mr. 
DormeiVaccompts  laid  before  iheni,  and  that 
ihey  were  directed  to  inspect  those  matters; 
*od  I  was  informed  they  did  bok  iot(>  Dormer's 
hook«,  and  had  also  the  perasal  and  inspeeiron 
of  Mr.  Wilson's  books,  to  see  how  Mr.  Dor- 
iner*8  affiiirf!  stood  in  those  books, 

Mr.  Plummtr.  My  lords,  I  dexire  Mr.  Ed- 
wards may  be  asked,  if  any   body   was  em 


but 


ployed  for  the  suitors  on  their  behalf? 

Edwatdi,    ]  was  before  Mr.  Hiccocks, 
not  present  with  Mr.  Wilson. 

Mr.  Pittmmcr.  I  nsk  if  any  body  on  the 
tiiitors'  behalf  was  before  Mr.  lliccoeks,  when 
BIr.  Wilson  was  there,  to  see  and  cross-cjta* 
mine  him  ? 

Edvardt.  I  don't  remember  there  was. 

Serj.  Petigelly,  My  Tords,  1  desire  Mr.  Ed- 
wards may  be  aske^l,  Wliether  thii  Petitioti  is 
of  his  own  hand'Wriling? 

Edwiirdi,  No,  my  lords, 

Serj.  Pc/tgeliy.  Do  you  know  whose  tt  is  ? 

Edwards.  It  is  my  clerk's  band. 

Serj.  Pcngdly,  VVheiher  the  two  last  lines 
were  struck  out  before  the  answer  to  the  Pe- 
tition, and  by  wliat  baud  ? 

Edtcards.  I  doti't  know  when  they  were 
■truck  out. 

Serj.  p€iigeU^,  My  lords,  we  will  heg  leafe 
to  mention  what  it  is.  At  the  end  of  the  fii-st 
Petition^  the  Master  desires  an  indemnilicaiion 
by  the  order  of  the  Court ;  part  of  the  Pe- 
tition i^,  that  he  may  he  itidetnnifiLHl  and  sated 
harmless  in  making  such  composttioo.  But 
that  is  f<truck  out  bctore  the  answer,  which 
ihewS}  as  I  humbly  apprehem),  the  very  notice 
that  tl>e  earl  of  Macclcslletd  himself  took, 
how  dangerous  and  hazardous  thai  transac* 
liou  was. 
Rmd  th9  words. 


Trial  of  the  Earl  ofMaoOcMjUld^  [94B 

IClerk  reads.]  "  And  thai  your  pelitjQtier 
mny  be  indcmniOed  and  sated  hamiloi  ni  mk- 

ing  such  composition/' 

8erj.  Pengelijf^  Do  iheie  words  aliail  wm 
in  the  reading  ? 

Citrk,  No,  they  are  razetl  ont^ 

Edwardi.  I  reuteukher  this  was  m  p^pcr  dial 
1  laid  before  the  honourable  eoaiftitttee.  I 
was  a  little  surpri/cd  to  see  thiMe  w^rds  and 
out ;  but  when  they  were  struck  qui  i  caa^ 
say,  nor  by  whom. 

Mr.  Lutuyche.  1  desire  he  may  be  asked,  I 
they  were  struck  out  before  he  deliterfvi  til 
Petition  into  the  committee  f  ~ 

Edwards.  \  es,  they  were* 

Sol,  Gen*    My  lords,  we  desire  tie  may 
askeil,  how  rouoli  he  hath  received  of  this 
position  ? 

Lord   Lechmere,    I  desire    him   to 
himself,  whether  these  words  were  stni< 
after   the  Petition  dclifered,   and   betar« 
order  made  by  the  noble  e;irl  ? 

Edwards.  5ly  lords,  I  dun't  retiieinber( 
to   hate  taken  notice^  that  those  words 
struck  out,  till  1  had  occasion  to  look  fiirfli 
by  it  before  the  committee. 

Lord  Lcchmere,  Whether  he  liatkany 
whether  they  were  siruck  out  hel'ort  tlii| 
were  delivered  into  the  coanniitee? 

Edwards,  They  were  struck  out  heSmt  I 
delivered  them  into  the  committee. 

Sol.  Gen*  In  whose  custody  was  this  Pi* 
lilion  ? 

Edirardi,  I  believe  part  of  the  time  in  Mr* 
Uiccocks's ;  Mr.  Hiccocks  s«qi  it  to  tnei  lad 
1  have  hud  it  ever  since. 

Serj.  Pcngetly.  Whether  he  struck  nut  tbcn 
words  that  were  inserted  for  bis  own  todcMii^ 
fication  ? 

Edwards.  No,  upon  my  oath  1  did  uot. 

IL  of  Abingdon.  As  I  apprehend,  there  wtt 
no  commission  of  bankruptcy  ogaJnsi  Wilmi) 
therefore  I  would  kuotv  w  hat  method  was 
to  inform  the  Court  of  the  real  suhniance 
jibiiity  of  Wilson  before  this  composition 
made  ? 

Edwardi,  I  know  of  no  other  applicotill 
made  to  the  Court  by  Mr.  Wilson. 

£.  of  Abingdon*  Was  W  ilsou  examined  i 
oath  ? 

Edwards*    Mr.  Hiccocks  told  me  that 
Wilson  had  made  an  affidavit  that  this 
money  which  he  proposed  »s  a  eomi 
was  what  he  was  able  to  pay  m 
with  the  rest  of  his  crediton,  nJld    that 
grounded  bis  report  thereupon. 

Air,  Lutmtfche,  Was  this  affidafit  ever  filidf 

Edwards.  No^  my  lords^ 

SoL  Gen.  My  lords,  we  desire  he  nay  fiit 
an  account,  bow  much  he  bath  rscsi? cd  of  tbif 
iO,OOQ/.  ? 

Edwardi.  The  first  sum  was  L400  and  odd 
pounds,  and  the  sum  of  1,000/.  since. 

SoL  GetK     How  much  of  this  was  of  tl»i 


\ 


lO.OOQLf^Eduaid*,  Only  the  1,000/. 
SqL  G$n>  Whit  is  blooms  of  PonllSf  f 


ftif  High  Crimes  tind  Misdemeanors, 


A.  D.  1725- 


[950 


Edwards.  Wilson  hatb  tolil  me  Ihat  he  is  in 
iolland  or  Frauce. 

SoL  Gen,  WLiat  was  his  cbartcter,  is  to  sub- 
Mjce  ak  the  tirae  of  bis  ctirnpoaitioD  ? 

Kdwardi.  i  never  met  any  builj?  that  could 
PTC  an  account  of  liis  cliaracien  All  I  lieard 
rhim  was  from  Mr.  Wilson  himself. 

Mr.  Lutwyche,  My  lonb,  J  desire  he  wonh! 

quaint  your  lordihifis^  when  the  1^000/.  vras 
1? 

Edwards,    I  can*t  recollect  exactly  the  time. 

Mr,  Lutwyche.  As  near  as  you  can,  before 
'since  Christnias? 

Edwardi.  I  helieve  it  was  in  September  or 
ctober  l&at ;  1  believe  in  Ociufaer, 

SoL  Gen.  I  desire  Mr.  Edvrards  may  inform 
Dur  lordstiips  uliat  he  thought  of  Poultcr  at 

'  time  of  the  composition,  whether  he  looked 

on  him  aa  a  man  of  suhstauce  ? 

*  Edmards,  I  could  make  no  judgment  of  the 
la ;  I  never  saw  him  before;  I  know  no- 
liog  of  him,  otherwise  than  as  Mr*  Wilson 

me* 
>SoL  Gen*  Tbat  is  no  answer  to  my  nuettion, 
llieh  it«  what  his  opinion  was  an  to  big  suh- 
f  at  the  lime  of  the  com  position,  whether 
\  would  have  trusted  him  with  100/,  ? 
Edwards.  I  can't  tell  what  answer  lu  give  to 
Wilson  represtnled  him  to  ine  as  a  man 
Me  to  pay  the  debt ;  and  Irom  his  represtuta- 
'e»d  I  believed  that  Pouller  was  sufficient 
SoL  Gen,     Whether  he  enc^uired  into  Poul- 
r*B  character  ? 

Edwards.  There  was  nobody  1  knew  to  en- 
quire of. 

Sol,  Gefi.  Did  he  enquire,  or  did  he  notP 
Edwards,     I   asked    Mr,   Wilson  as  many 
stions  as  I  could,  and  what  his  opinion  was 
out  him.     He  told  me  be  believed  he  was 
i  to  pay  his  debts,  and  he  lold  me  one  Hel- 
f  a  Jew,  who  was  his  hatl^  could  tell  his  sub* 
nee.      1   happened  to  meet    Helbnt  at  the 
iiubow  coffee-house,  and  1  asked  him  if  he 
lew  PouUerP  He  said  Yes.     Says  f .  Is  he  a 
of  any  subsUince,  what  is  he  ?    No,  says 
,  I  believe  he  is  in  very  mean  circumstances. 
biB  is  all  1  ever  a^ked. 
^Soi.  Gen.    What  was  your  opiDion  of  this 

a's  abilities? 
I  Edwards.  My  lords,  1  told  you  that  as  to  the 
ouni  (  had  of  htm,  Mr.  Wilson  s^ve  me  a 
at  assurance  that  he  was  a  man  of  ability. 

•  Mr,  Plummer.     1  desire  he  may  be  asked ^ 
Ihcr  Mr.  Wilson  hath  not  paid  his  whole 

bt  to  several  other  creditors  f 

Edwards.  I  am  infornped  he  hath  paid  his 
full  debt  to  some  creditors. 

Mr,  Plummtr.  My  lonls,  1  desire  he  may 
l»e  asked,  what  directions  he  received  from  my 
lin^l  Macclesfield  to  enquire  into  this  man's 
circumstances  ? 

Edwards,    1  had  no  directions. 

ifr,  Ptummer.  Whether  any  enquiry  was 
foade  by  the  earl  of  Macclesfield? 

Edwards,   Not  as  I  know  of. 

Mr.  Lutaycht,  I  think  he  menti'oned  one 
fiLdbtii  as  bis  boil :  I  4«sire  to  kaair^  wiicUier 


there  was  a  suit  commenced  for  titis  debt  as- 
signed  f 

Edwards,  I  understood  it  was  for  this  debt 
asstgiied  whifh  Wilson  recovered  at  law. 

Serj.  Pen^ttly.  My  lc»rds^  1  desire  he  may  he 
asked,  whether  Mr.  Poultcr  hath  nppearcd 
here  and  been  esteemed  solvent,  or  a  person 
quite  gfone  away  ? 

Edwards,  I  have  not  s^'n  Mr.  Poulter»  nor 
any  that  have  seen  hinii  for  some  considerable 
time. 

SSerj,  Pengelit/.  My  lords,  1  beg  leave  1o 
make  one  observation^  and  it  is  to  save  your 
lordships'  time;  thsit  is,  that  yon  would  be 
pleased  to  ob«ierve  in  the  ^roceedintfs  u[Mm  this 
Article,  the  several  acts  and  orders  made  by 
the  earl  uf  Macilestield  relatmir  to  this  defi- 
ciency of  Dormer's,  do  tuke  notice  of  his  deti- 
ciency,  and  you  will  find  the  Cnrl  himself 
doin^  one  act  which  muken  a  deficit  ncj  ;  that 
is,  compoimdiiig  a  dt^bt  due  iroui  Wdson  to 
Dormer;  and  iberpfore  those  orders  having 
been  read  before  your  lorilsbips,  you  will  |>leMsa 
to  retain  them  in  your  memory*  tdl  we  come 
tti  the  Gth  Article,  wherein  it  is  charged  ihat 
there  wa;*  a  deficieiiCy  in  Dormer's  oliicj .  and 
there  we  shall  shew  that  this  nobh;  lord  de* 
clared  that  he  never  knew  of  any  deficiency ; 
and  by  an  order  made  in  Court,  pronounced  by 
himself,  he  then  did  direct  thut  a  Maitter  should 
enquire  if  there  was  auy  deficiency  in  this  of- 
fice ;  so  that  those  public  acts  wonH  be  iieces* 
sary  lo  be  read  over  a^in  upm  that  Article^ 
hut  as  now  proiluced,  will  be  sufficient  to  pniva 
the  notice  ttie  noble  earl  had  of  this  deficiency, 
and  that  even  be  made  part  of  the  deficiency 
himself. 

Mr,  Lutwythe.  My  lordi*,  we  have  done  upon 
these  two  Articles  we  have  opened. 

Serj.  Probyn,  My  lords,  if  tlie  gentlemen 
have  dimet  we  desire  to  ask  some  questions; 
and  first  we  beg"  leave  that  be  may  be  a^ked, 
whether  any  of  the  Masters  were  acquainted 
with  this  agreement  or  compoiiition  with  Mr. 
W  ilson  ?      \  ^ 

Edwards,*  I  don*t  remember  that  any  wert 
but  Mr.  HicCocks. 

Serj.  Prob^n,  My  lords,  we  desire  be  may 
recollect  whether  tuere  was  any  consultation 
between  him  and  any  other  Muster,  as  lo  the 
manner  that  this  composition  should  he  made 
before  it  was  accefjted»  and  whttber  it  was  a 
reasonable  composition  or  not  ? 

Edmards,  I  mentioned  it  to  two  or  three 
other  Masters  at  the  public  office,  but  1  ean*t 
charge  my  memory  particularly  who  they 
were. 

Serj.  Prohyp,  Was  that  before  the  time  that 
the  composition  was  made  ? 

Edwards.  Before  the  time  I  applied  to  my 
lord  l^lacclesfiehK 

Coin,  Scrj^  My  lords,  I  desire  that  Mr*  Ed* 
wards  may  inform  your  lordships  trom  whom 
it  was  that  be  received  this  information,  tbat 
several  of  the  creditors  of  VVilson  were  paid 
their  full  debts? 

£dif artit,  tb»  to^^«c»ii^toX\ai«\a^^^ 


I 


ysi] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maede^^tU, 


[9» 


I 


wa»  sir  Laurence  Carter  ;  I  happened  to  be  at 
his  ctiambers,  and  naming^  lo  me  the  aflair  of 
iVibou,  iw  told  me  hi^^  brotUer,  Mr  Tiioma^ 
Carter,  \m\  received  i'2i)l,  which  Mr.  WiUon 
owetl  him,  aud  which  was  his  wholo  suiHr 

Com.  Serj.  1  desire  to  knuw  when  it  was  that 
he  receivt.'d  that  sum  f 

Edu-ardi.  There  was  no  time  mentioned 
when  that  wan  paid  him  :  as  near  as  I  can  re- 
collect the  time»  viheu  sir  Laurence  Carter 
told  me  iliii*}  it  wati  s«>or)  aAer  live  compo«itiou. 

Cum,  Scrj,  My  lords,  1  desire  he  may  recol- 
lect, whether  thii  payment  was  made  heture 
tho  coinpOiiUion  or  after  ?  Did  nut  he  say  it  was 
before  the  cuai(»osiiton  ? 

Edwards,  No,  I  do ii^t  remember  that. 

8erj.  Probyn.  J  desire  he  may  he  asked  ^ 
whether  he  knows  any  thing*  of  this  payment 
to  Mr.  Carter  ai  his  owi  kiiuwledgef 

Edwards.  No,  I  dou'l  know  it  of  my  own 
know  lei)  je,  but  1  hrlieve  it  to  be  ver}'  true. 

8erj»  Proh^n.  Since  he  had  this  inlorniatiun 
of  out-  ileljt  beaifj-  pajd  entirely,  tlioiiKh  he  had 
compounded  with  olherij,  I  desire  he  may  be 
asked,  whether  be  efcr  charged  Mr*  Wilson 
with  it  ? 

Edwards.  Yes,  my  lords,  1  did  ;  a  little  after 
I  went  10  Mr.  VVihoti,  and  1  told  him  that  1 
was  informed  he  had  paiil  Mr.  Tliomai  Cnrter 
hid  full  demand,  aud  it  was  rumoiirfd  about 
ihat  be  had  paid  seferat  others  their  loll  di^'hUi, 
and  that  it  looked  unfair.  Says  he,  this  mo* 
tiey  wa^  lent  me  by  mv  particular  friend^  to 
pay  of)' some  little  itra^'ifliui;  debt^i  to  keep  me 
up  in  my  budinesB,  auif  ihereforc  1  was  uonil- 
lm|t  he  bhould  h>itf  it. 

Serj.  Prt)byn>  Whether  did  he  apprehend 
this  lo  be  a  new  dtbtcoriiracted  since  his  iaiiure, 
or  an  old  one  diw  bt-lbre? 

Edwardt.  1  donH  know  when  the  debt  was 
contracted. 

Com,  Strj,  T  apprehend  lie  lays,  that  Ibis 
money  was  lent  him  by  some  friends  to  set  him 
up  again  F 

Mr.  Liituycht.  Really,  my  lordfl,  we  wouW 
not  interrupt  ihe  gentlemen,  nut  f  take  it,  what 
they  are  going  on  with  is  not  evidence.  We 
must  submit  it,  whether  what  Mr.  WiUon  said 
IS  evidence)  either  ou  the  one  side  or  on  the 
other  ? 

Com.  Serj,  We  must  humbly  he  in  your  lord- 
ships judi^Qient,  whether  this  kind  of  evidence 
be  not  a*  proper  on  our  side  as  on  the  other  ? 
Most  of  tne  evidence  Mr.  Ed^ardi  has  given 
to  aflbct  the  nohie  Earl,  has  been  only  inrorma- 
tions  he  has  had  from  Wibun  or  sir  Laurence 
Carter,  and  yfii  now  the  learned  Manafjer  oh* 
Jects  the  same  informatiun  mn'sX  not  be  ad 
mitted  as  evidence  on  the  other  side.  1  appre* 
bend  if  any  fiivour  \^  to  he  sliewn  on  r  it  her 
side,  it  should  rather  goon  in  the  support  of  io* 
Dooence* 

XorJr.  Go  on,  go  on. 

Sol,  Gen.  My  lords,  we  don't  oppose  their 
going  on,  we  onfy  be;^  leave  to  set  your  lord- 
•htps  right.  We  did  not  give  a  tittle  of  evi- 
Jer<^  of  whAt  Mr.  Wilsoo  iiad;  m^  bs^^e 


proved  the  petitions,  we  ha?e  prof  ed  ihcofdtri, 
we  have  proved  the  facts ;  we  iliii  not  atabwi 
a  word  otsir  Laurence  Carttr,  it  aprvng  Imi 
this  exs  mi  nation  ;  but  we  are  witHo^  Ihiy  ntf 
go  on,  if  \Mir  htrdfthips  think  tit. 

E.  of  hUcdtkfitld,  My  {Qtik%,  I  BMMcfaniA 
tliere  is  no  occasion  to  givv  your  iorimipi  •» 
trouble.  If  whar  litis  geotlenmi  lislli  moK 
with  relation  to  Mr.  Wilson's  payaitnl  li  Hi 
creditors,  is  no  evidence,  it  nee<ls  ttoaoswir. 

CQm  Setj.  My  lords,  we  d^ire  that  Mr.  £4* 
wards  may  infurm  your  lord^Utpa,  wli«th«r  «r 
no  there  was  any  consultation  among  lh€  Jf'"" 
ters  relating  to  this  matter,  and  what  llieir  < 
niun  was? 

Edwufdt^    1  donU  kuow  of  any  consultali 
about  it. 

Cum^  S€rj.    We  desire  iliat  he  may  m 
your  lonlhbips,  whether  he  made  any  i 
leiii^ment  tor  his  beiuEr  admiiK^d  into  f 
aud  to  \v\\Qn\  this  money  was  pak),  audi 
purpose,  and  bow  spplied  ? 

Eduards.  My  lurds,  the  steps  I  took  to  I 
admitted  inm  my  office,  if  your  lurdsbipi«  t ' 
give  roe  leave  io  trouble  y**ur  lordwhips  < 
the  narrative,  were  these :  first*  1  ^ppticd  H 
Mr  Godfrey  one  of  the  Masters,  with  whom! 
hnd  most  acquaintance :  I  told  hioi  I  kn'^ 
Mr.  Dormer'*!  office  wuutd  be  dispoaed  oi';^ 
told  111^  he  believed  it  woukl.  Saya^* 
could  be  acc€pte<l  J  bave  some 
ti eating  for  it.  What  is  the  usual  mi 
those  cases  to  be  recommended  to 
Chancellor?  Says  he,  You  must  apply  I 
lord*s  secretary,  Mr  Cottingham  ;  accord 
ly  T  did,  and  1  tokt  Mr  Cottingham  tbat  1 1 
heard  Mr.  Dormer't  office  was  to  bo  dJiptid 
of  Mr.  Cottingham  told  me  il  was  to  bv  ii> 
poaed  of  1  then  talked  to  him  about  iba  ttfon* 
Sir.  CottiiHf bam  told  me.  At  t^  the  orJca  MJ 
the  persoO)  my  lord  Hicoleafiald  bad  1 
tirely  to  the  other  Mastenv;  tbr  whatac 
place  could  fetch,  was  intended  lo  go  I 
making  up  Mr.  Dormer's  deficiency* 
that,  my  lords,  1  went  again  to  Mr.  Go 
and  afler  a  meeting  or  two,  I  oooeUided  lo  \ 
5,000/.  if  I  could  be  Hdmitt^.  Wb« 
Gtidfiey,  or  Mr.  Cottingham,  or  who  \ 
my  lord,  I  can't  tail.  I  had  not  tbo  1 
lea  my  lord  till  1  was  ad  mitted  :  but  i 
lertns  1  s^uh  approved.  I  had  directiouSt  1 4 
say  whether  Mr.  Godfrey  or  Mr,  CoUuigbifl 
gave  me  the  directions,  that  1  should  p«^  Of 
money  into  Iho  hands  oi  Mr.  H^ers  ilia  Ik 
senior  Master  ;  accordingly  1  did  pav  5,0 
and  in  tlireo  or  four  days  aUer,  1  had  11 
nour  to  be  admitted  and  sworn  iiu 

Mr  Strange.    My  lords,  1  d««ira  boioajrl 
asked,  whether  at  tb^timeof  bisadmiitioQaif 
presents  were  made  by  hitn  to  the  «ari  oUMia* 
clcsfield,  or  to  his  secretary  ? 

Edwards.    Noa«  at  all,  but  llie 
fees  as  usual  in  thos«  eases. 

Mr.  Strange.  W hether  at  tha  time  lia  •flnrf 
to  pay  the  sum  of  5,000^.  for  iho  offiiMvWal^ 
bow  the  money  was  to  be  appUad  P 
^     EdmnLTdg.  Yea,  Mr.  Qadfray  told  U  ma  wta 


Jot  High  Crimes  and  Misdememors* 

I  went  back  to  iitni  from  Mr  Coltin^^ham  ;    I 

~    neiuber  to  hare  a^skeil  tntn  seFeruUiueslions, 

1  mJile  biin  several  ^ropusaU  relating  lo  tbe 

|c«*!it  I'ur  wr  (lifl-er<Hl  a  g^r^at  deal  about  tt9 

Jue  ;    f  Ihtuk  I  first  |irci}iO!M:d  3,000/.  for  it ; 

he  iliiilikiii^  lUai  uiiil  some  other  oflTem  1 

',  him«  ]  4le9(r€il  to  know  how  imich  it  was 

Foril  MaccltJ^field  insisted  upon  ?  To  which 

lADSweretl,  that  it  was  not  my  lord's  inten' 

m  to  take  any  thinij;'  for  tbe  admittance,  but 

at  he  had  leii  U  to  the  ili^posal  ot  tbe  Mas- 

,  to  make  the  most  of  it  for  Ibe  benefit  of 

t  office. 

[Com,  Serj,     Whether  he  knows  tiow  this 

uey  was  disposed  of,  and  to  what  use  cm- 

byed? 

\£iiwardt,     I  can't  remember  the  lime»  hot 
\  short  lime  beforts  Mr,  Rogers  surrender- 
bia  office,  be  paid  me   hark  this  5,000/. 
'cb  i»  ill  a  little  time^  puid  to  the  suitors  of 
fCourl. 
iMr.  Strange.  WlietUer  before  lie  surrender- 
his  ofiice,  he  had  any  discourse  \\\\\\  the 
bow    Mr.  Dormer**  debu*  were  se- 
i? 
\£dm^rds.     No   otherwise  than    upon    this 
aty.     1  told  Mr.  (ottinghamf  f  b<'ar there  is 
arse  of  a  deficiency  in  Mr  Dormer's*  of- 
says  he,  1  btUeTc  there  is^bni  bow  much 
at  H  leli ;    hut  that  cau  be  no  ohjectiou  to 
a,  because  you  are  to  answer  for  nn  more 
I  you  receive.      IMattem  are  all  settled  and 
keo  care  of,  th;it  what  detictency  soever  there 
» shall  be  made^ooiK 
8erj.  Probyn,  By  whom? 
f£dwards.     Me  did  not  say  by  whom,  or  in 
bat  manner. 
erj.  Probifn.   Had  you  any  discourse  with 
other  Mister? 

Ir.  Piutnmtr,    My  lords,  I  bejf  l*«Te  to 

ke  one  obnervalioo.     The  counsel  says  with 

other  Master,  and  the  genttemao  at  tbe 

a  it  was  Mr.  Coinnt^'ham  told  him  so. 

Protryn,  This  t^eoiieman  I  am  examin* 

one  of  the  Mai«ters,  therefore  it  is  not  im- 

'  to  ask,  whether  he  had  any  discourse 

iy  other  of  the  Masters  ? 

Mrt/f.    I  made  tbe  same  objection  to  Mr* 

ey,  and  he  answered  me  mncli  the  same. 

frey  saiil  he  could  not  tell  what  the 

Dcy   was,  but  whatsoever  it  was,  that 

i  be  all  nettled  and  made  ^^d. 

^ ,  Proitj/n.     As  he  had  thisdiscAiirse  with 

»  Godfrey,  1  desire  be  may  be  a^ked^  whe- 

r  bath  not  likewise  U«<1  ««ome  discourse 

\  Mr.  Ri>^ers  how  this  deticienay  waa  to  be 


'  No  ;  I  don't  remember  I  had  any 
with  Mr  Ii<rgerfi. 
m  Smj*  My  lords,  I  desire  he  may  inform 
lontobips,  whether  al  any  other  time  he 
aiiy  diaeourse  with  any  of  tbe  Ma«rters 
t  Inis  QUI  tier  ? 

My  lords,  I  often  talked  upon  this 
mih  tbe  Masters,  as  a  matier  which 
y  mucii  coucemed  my  fiffice.     This  I  men- 
*  at  tbe  time  i  came  io.    Xhe^'  weie  then 


all  of  opinioD  that  this  deGciency  was  to  be  made 
good.  I  don't  reineuiber  that  any  body  told 
me  in  what  methoti  or  paiticular  way  it  was  to 
be  made  ^omL 

Cam,  StrJ,  1  desire  he  would  inform  your 
lordahipf,  as  near  as  he  can  remember,  whe* 
ther  it  wax  said  that  it  would  be  made  good,  or 
that  it  was  to  be  made  good  ? 

Edwards.  1  cauH  remember  the  disttne 
words,  I  took  it  to  have  the  same  tendency  and 
meaning. 

8eij.  Probyn*  I  desire  he  may  be  asked, 
whether  he  hath  not  seferal  timei,  and  on 
many  occasions,  heard  the  Masters  dedaj'e, 
that  this  deliLMency  was  to  be  iiiade  good»  and 
by  the  Masters? 

Edwards,  I  have  heard  them  several  timei 
declare,  that  they  did  not  douhi  but  it  wouhf  ba 
made  i^ood  ;  but  i  never  heard  them  say  that 
it  would  lie  made  {ri^jd  by  the  Masters.  1  have 
ofien  l)eard  the  Masters!  say  they  would  not 
mnke  it  gfood. 

8erj*  Proti/n*  1  desire  he  may  be  asked^ 
whether  about  the  time  that  the  IVrasters  ad* 
vanced  the  .^00/.  a- piece,  he  did  not  hear  them 
det^bre  how  this  deficiency  of  Dormer  was  to 
be  mmde  t\\\  T 

Edwards.  My  lords,  when  I  came  into  the 
office,  I  think  the  very  day  that  I  was  ad- 
mitted, Mr.  llo;^ers  paid  500/. ;  ei»(ht  more 
pakJ  500/«  a- piece,  some  at  one  time,  some  at 
another  ;  they  did  not  all  pay  at  the  same  time. 
That,  I  heard,  was  to  go  towards*  making  up 
Ibis  ileficiency  \  but  how  far  the  Masters  ia- 
iertded  to  contribute  further,  I  can't  say. 

Com.  SerJ  I  desire  he  rnoy  inform  your  lord* 
ships,  whether  he  did  not  apprehend  that  the 
making  up  of  this  deficiency  was  a  great  con- 
cern to  him  ? 

Edwards.  Yes,  I  think  it  httb  been  of  a  gr^t 
concern  to  me. 

Cmu  SfTJ.  I  desire  to  know  then  how  tt 
comes  to  pass  that  lie  enquired  no  moc« 
into  it  ? 

Edwards,  My  lords,  f  rememWr  1  was  once 
asking  some  questions  relating  to  that  account, 
nod  it  was  told  me,  that  the  state  of  this  defi- 
ciency had  been  laid  before  my  Lord  Chan- 
celtor  l>efbre  I  was  admitted.  Upon  that  I  did 
conclude,  that  this  coDiribution  of  the  Masters, 
of  500/.  a-piece,  had  been  in  concert  with  my 
Lord  Chancellor.  I  uuderstootl  it  to  be  so ;  I 
don^t  know  whether  my  lord  gave  orders  that 
It  slmuld  be  so. 

Com,  Serf.  T  desire  he  may  be  asked  who  it 
was  I  hat  t^vd  luiu  so? 

Edtfutrds.  I  think  Mr.  Hiccocks  told  me  SO. 

Hvry  Prob^n.  My  lords,  we  have  done. 

Mr.  Rohns.  I  destre  to  know  what  answer 
Mr,  Hiccork*  gave  to  the  question  he  asked  ? 

Edwurds^  Only  that  my  lord  wti«  acquainted 
with  it,  <tnil  had  the  state  of  Mr.  Dormer's  of<- 
ftce  laid  before  liim* 

8er).  Pengeiti/    My  lords,  if  they  have  done* 
we  only  beg  leave  to  observe,  that  they   ba.\« 
been  eHiabhshini;  the  \\x>V\eft  ii^  V.\\\%  ^\\^^  ^*- 
ticLeocy  of  ibe  Eii\»  u^^u  ^t  «ix^  ^^ouafc^  vo^ 


I 
I 


»5I] 


10 GEORGE  L 


Trial  of  the  Earl  ofMacdeffieU^ 


[9!tt 


WM  tir  lAurence  Carter ;  I  happened  to  be  at 
his  chambers,  and  naminfl^  to  me  the  affair  of 
Wilson,  he  told  me  hi«  brother,  Mr.  Tboma^ 
Garter,  liad  received  120/.  which  Mr.  Wilson 
owed  him,  and  which  was  his  whole  sum. 

Com,  Sen.  I  desire  to  kdow  when  it  was  that 
he  receiTed  that  sum  P 

Edwardt,  There  was  no  time  mentioned 
wl^n  tliat  was  paid  him :  as  near  as  I  can  re- 
collect the  time,  when  sir  Laurence  Carter 
told  me  this,  it  was  soon  after  the  composition. 

Cifm,  Seij,  My  lords,  1  desire  he  may  recol- 
lect, whether  this  |iayment  was  made  before 
the  composition  or  after  ?  Did  not  be  say  it  was 
before  the  composition  ? 

Edwards.  No,  I  don't  remember  that. 

S^rj.  Probyn,  I  desire  he  may  be  asked, 
whether  he  knows  any  tiling  of  this  payment 
to  Mr.  Carter  of  his  own  knowledge  ? 

Edwards.  No,  I  don't  know  it  of  my  own 
knowledge,  but  I  beliefe  it  to  be  very  true. 

Serj.  Pro6yn.' Since  he  had  this  information 
of  one  debt  lieiD||^  paid  entirely,  though  he  had 
compounded  with  others,  I  desire  be  ma^  be 
ask^,  whether  he  efcr  charged  Mr.  Wilson 
«vith  it  P 

Edwards.  Yes,  my  lords,  1  did  :  a  little  after 
I  went  to  Mr.  Wi  1:190,  and  1  tohl  him  that  1 
was  informed  he  had  paid  Mr.  Thomas  Carter 
his  full  demand,  and  it  was  rumoured  about 
that  he  had  paid  se?eral  others 'their  full  (lebts, 
and  that  it  looked  unfair.  Says  he,  this  mo- 
ney was  hint  me  by  my  particular  friend,  to 
pay  off  some  little  straggling  debts  to  keep  me 
np  in  my  business,  auo  therefore  I  was  unwil- 
ling he  should  lone  it. 

Serj.  Probi/n.  Whether  did  he  apprehend 
this  to  be  a  new  debt  contracted  since  his  failure, 
or  an  old  one  due  before? 

Edwards.  1  don't  know  when  the  debt  was 
contracted. 

Com.  Serj.  T  apprehend  he  says,  that  this 
money  was  lent  him  by  some  friends  to  set  him 
up  again  ? 

Mr.  Lutwyche.  Really,  mv  lords,  we  would 
not  interrupt  ihe  gentlemen,  but  f  take  it,  what 
they  are  going  on  with  is  not  evidence.  We 
must  submit  it,  whether  what  Mr.  Wilson  said 
b  evidence,  either  on  the  one  side  or  on  the 
other? 

Com.  Serj.  We  must  humbly  be  in  your  lord- 
ships judgment,  whether  this  kind  of  evidence 
be  not  a&  proper  on  our  side  as  on  tlie  other  ? 
Most  of  tne  evidence  Mr.  Edwards  has  given 
to  affect  the  noble  £aii,  has  been  only  informa- 
tions he  has  had  from  Wilson  or  sir  Laurence 
Carter,  and  yet  now  the  learned  Manager  ob- 
jects the  same  information  must  not  be  ad- 
mitted as  evidence  on  the  other  side.  .1  appro* 
bend  if  any  favour  is  to  be  shewn  on  either 
aide,  it  should  rather  go  on  in  the  support  of  in- 
nocence. 

Lords.  Qo  on,  go  on. 

Sol.  Gen.    Mv  lordst  we  don't  oppose  tbeis 

Hng  on,  we  onfy  beg  leave  to  sei  your  locd- 

dps  right.  We  did  not  give  a  tattle  of  evU 
4iertiq  <<  what  ^.  lyiisip  mA\  m  teve 


gmo 
ihip 


proved  the  petitions,  we  have  proved  the  enters, 
we  have  proved  the  facts ;  we  did  not  uulioa 
a  word  of  sir  Laureojoe  Carter,  it  sprang  from 
this  examination  ;  but  we  are  willing  they  may 
go  on,  if  your  lordships  think  fit. 

£.  of  Macclesfield.  My  kmla,  I  afniehsnd 
there  is  no  occasion  to  give  your  kmlsbips  anv 
trouble.  If  what  this  gentleman  bath  malt 
with  relation  to  Mr.  Wibon's  payment  to  his 
needs  no  aosv 


creditors,  is  no  evidence,  it  i 

Com.  Setj.  My  lords,  we  desire  that  Mr.  Cd» 
wards  may  inform  your  hirdships,  whether  ir 
no  there  was  any  consulution  among  the  Mil* 
ters  relating  to  this  matter,  and  what  their  spi* 
nion  was  ? 

Edwards,  1  don't  know  of  any  oonsdlilHi 
about  it. 

Cofli.  Serj'    We  desire  that  he  may  inAm 

E'ordships,  whether  he  made  any  acksswi 
ent  for  his  being  admitted  inte  bis  ofieik 
whom  this  money  was  paid,  and  loirhil 
purpose,  and  how  applied  P 

Edwards.    My  lords,  the  stepe  I  took  tiW 
admitted  Into  my  office,  if  your  loidabipi  el 
give  me  leave  to  trouble  your  lordshife  wA 
the  narrative,  were  these :   first,  1  epplisd  H 
Mr  Godfrey  one  of  the  Masters,  with  whonl 
had  moa  acquaintance :   I  told  him  1  baid 
Mr.  Dormer's  office  would  be  dispoeed  of;  bt 
told  nie  be  believed  it  woukl.     Says  I,  Ifl 
could  be  accepted  I  have  some  tboogkli  m 
treating  for  it.    What  is  the  usnal  nethsd  ■ 
those  cases  to  be  recommended  to  my  IM 
Chancellor  P  Says  he,  Yon  mnst  apply  ie  vy 
lord's  secretary,  Mr.  Cottingham  ;  acpordiif- 
ly  I  did,  and  I  toU  Mr  Cottingham  that  1  m 
heard  Mr.  Dormer's  office  was  to  be  dispsui 
of.    Mr.  Cottingham  told  me  it  was  to  be  ih 
nosed  of.  I  then  talked  to  him.abont  the  teiai- 
Mr.  Cottingham  toUl  me,  As  to  the  nrice  mi 
the  person,  my  lord  Maccleafieid  had  left  it  «- 
tirely  to  the  other  Masters ;  tor  whatsoever  tM 
place  could  fetch,  was  intended  la  go  low«b 
making  up  Mr.  Dormer's  deficieney.    UpM 
that,  my  lords,  I  went  again  to  JUr.  Godfiff|i 
and  after  a  meeting  or  two,  I  concluded  k>  giii 
5,000/.  if  1  could  be  admitted.     Whether  lb 
Gfidfrey,  or  Mr.  CoUingham,  or  who  weal  H 
my  lord,  I  can't  tell.     I  had  not  the  honev  H 
see  my  lord  till  1  wasailmitted :  but  upon  iksM 
terms  1  was  apnrov^.    1  had  directions,  I  oasA 
say  whether  Mr.  Godfrey  or  Bfr.  CottMghMB 
gave  me  the  directions,  that  I  should  pay  mj 
money  into  the  hands  of  Mr.  Rogers  the  tk« 
senior  Master  ;  accordinglv  1  did  pav  ^OOOL 
and  in  three  or  four  days  after,  I  had- the  hh 
nour  to  be  admitted  and  sworn  in. 

Mr.  Strange.  My  k>rds,  I  desire  be  may  bt 
asked,  whether  at  tM  timeof  hisadmisMiaiV 
presents  were  made  by  him  to  theeari  of  Blw> 
clesfield,  or  to  his  secretary  P 

Edwards.  None  at  all,  but  the  seusilsijf^ 
fees  as  usual  in  those  cases. 

yir.  Strange.  Whether  at  the tiaie  he  eyesj 


to  pay  the  sum  of  5,000^  for  the 
r  was  to  he  appKi 
e^Mr.Oidfeyldi 


theoMNiey  was  to  he  appKad? 
tdB.Ym,Mx.QMSfiU 


JUmm:^ 


for  High  Crimes  and  Misdemeanors* 


1  went  back  lo  him  frfim  Mr.  Cotting^ham  ;  I 
rentember  to  have  a^kvil  hioi  several  f)uestir>DK, 
•till  maile  liiiit  »e?erul  |ir(ipy!ia1s  rclnlin^  to  tbe 
officer,  lor  we  differed  a  great  deal  about  its 
▼alue  ;  1  tliink  I  fjrst  pro|io«er|  3«000/.  for  it ; 
he  disiikiufr  ihat  uihI  some  other  offers  I 
lie  him,  I  desireU  to  know  how  much  it  was 
lord  Maccle^tield  iiisi^^ed  iii>aii  f  To  which 
^Aoawered,  that  it  wks  not  my  lord^s  intefi- 
to  take  any  thin^  fur  the  admiitaiice,  but 
it  be  bad  lett  it  to  the  disposal  of  the  Mai»- 
,  to  make  the  most  of  it  for  the  beuefU  of 
\  office. 
iCom.  Ser),  Whether  he  ktiowi  how  this 
uey  was  dispoaed  of,  and  to  what  tise  tro- 
liyed? 

\  Edwards.     T  can^t  remember  the  time,  hut 
\  short  time  he  I  ore  31  r.  Rogers  surrender- 
hia  office,  he  (laid   me   buck  tliis  6«000/« 
ch  I,  ia  a  tittle  timtf,  paid  to  the  suitors  of 
\  Court. 
f  Mr-  Strange.  Whether  before  he  surreuder- 
his  office,  he  had  any  discourse  with  the 
how    Mr.  Doroier^s  debts  were  se- 
I  ? 
^MifmardM,     No   otherwise  tluin    upon    this 
aty.     I  told  Mr.  f'otiinghaun  f  hf^ar  there  is 
onrse  of  a  delicieDcy  in  Mr  £>arraer\'*  of» 
iays  he,  I  believe  there  is,  but  how  much 
*tlell  I    but  that  can  be  no  olijectiou  to 
a,  because  you  are  to  answer  fbi*  no  mote 
%n.  you  receive,     Matters  are  all  settled  and 
ken  care  of^  that  wbatdetiGiency  ioeyerthere 
I  shall  he  maiie  ^'>od. 
VHerj,  Prolii/n.  By  whom  P 
fJSdwardi,     He  did  not  «ay  by  whom,  or  in 
kat  manner, 
erj.  Proh^n,    Had  you  any  discourse  with 
'  other  Al:istar  ? 

Ir.  Plummer.     My  lords,  I  beaf  learc  to 
ke  one  obaerraUon.     The  counsel  says  with 
other  Mustor,  and  the  gentleman  at  tbe 
ays  it  was  Mr,  Cttttioifhatii  totd  him  so. 
tj.  Proton.  Thiii  t^enlleman  I  am  examin> 
•  is  one  of  the  Masters,  therefore  it  is  not  im- . 
r  to  askf  whftlier  he  ha<l  any  discourse 
»y  other  of  tlie  Masters  ? 
tirdff    I  made  the  same  objection  to  Mr* 
ey,  and  he  answered  me  much  the  same. 
,  Godfrey  said  hv  could  not  tell  what  the 
DCy   Wis,   hut   whatsoever  it  was,  that 
I  be  all  Diettled  and  made  g^ood. 
|^r|«  PtiAf^n.    An  he  hud  this  discourse  with 
,  Godfrey,  1  desire  he  may  be  a^ked,  whe- 
'  he  liath  not  hkewise  h»d  ^ome  discourse 
\  Mr,  Rogers  how  this  deticieuoy  was  to  be 
^mn\  ? 

No  ;  1  don't  remember  I  had  any 

rwiih  Mf.  R<*g^er5, 

\  Serj.  My  lords,  1  desirehe  may  inform 

^tordaliips,  wliether  at  any  other  time  be 

any  dtsoourse  with  any  of  the  Masten 

milt  ihiii  tnatter  ? 

rdi.  My  lord<«f  f  of^en  talked  upon  this 

the  Masterii,  as  a  matter  which 

ry  niuoh  concerned  my  office.     This  I  tnen- 

1  at  th«  time  I  came  in.    They  were  then 


all  <»f  opinion  that  this  deficiency  was  to  be  made 
Ijood.  i  don't  remember  that  any  body  told 
rae  in  what  method  or  particular  way  it  was  t© 
he  made  gooii, 

Cortt.  Setj.  1  desire  he  would  inform  your 
kirdthipB,  as  near  ns  he  can  rem  ember,  whe- 
ther It  was  said  that  it  would  be  made  good,  of 
that  it  was  to  be  made  gfood  ? 

Edwards.     I   canU  remember  tbe    distine 
wordSf  1  took  it  to  have  the  same  tendency  and, 
meaning. 

$efj,  Probt/n.  I  desire  he  may  be  askdtf^ 
whether  he  hath  not  several  times,  am]  oil 
many  occasions,  heard  the  Masters  declajne, 
that  this  deficiency  was  to  be  made  good,  and 
hy  the  Masters? 

Edwards.  I  hare  heard  them  several  ttroei 
declare,  that  they  did  not  d*iuUt  but  it  wouhi  be 
made  ffootl ;  but  I  never  heard  (hf>m  say  that 
it  would  In?  iimde  Ero«»d  by  the  Mesters.  I  have 
often  heard  the  Masters  say  tliey  would  not 
make  it  gfood. 

Serj.  Probtjn,  1  desire  he  may  be  asked, 
whether  aliotit  the  time  tliat  the  ^i^U^ters  ad« 
vauced  the  hOOt.  a*|ivecc,  he  did  tiot  hear  ihem 
declare  how  this  dehciency  of  Dormer  was  to 
be  made  up  ? 

Edieards.  BIy  lords,  when  f  came  into  tb« 
office,  I  think  the  vi  ry  day  that  1  was  ad^""* 
mitted,  Mr,  Jlojfers  paid  300/,  J  eijfht  more 
panl  500i.  a^ piece,  some  at  one  lime,  some  at 
ooother  ;  they  did  not  ui)  pay  nt  the  sauietime. 
That,  I  heard,  ivas  to  gu  towards  niaking^  up 
this  deficiency  ;  but  how  far  the  Masters  in* 
tended  to  cotvlribute  fiirlher,  I  can*t  say. 

Com.  S€rj  I  de*  i  re  h  e  may  i  u  Ibr  m  y  o  ur  lord  - 
shiiiiSf  whether  he  did  not  apprehemi  that  the 
making  up  of  this  deficiency  wa*»  a  great  con* 
cern  to  him  ? 

Edwards.  Yes,  I  think  it  bath  been  of  a  gr^t 
CDOceni  to  roe. 

Corn,  Sffj.  I  desire  to  know  then  how  if 
comes  to  pass  that  he  etjqtiired  no  tnorft 
into  it? 

Edwards,  My  lords,  f  remember  1  wai  ottce 
asking  some  questions  relating  to  that  acctiunt, 
ivndit  was  told  me,  that  the  stale  of  this  defi- 
cieocy  had  been  laid  before  my  Lord  Chan- 
cellor before  I  was  admitted.  Vm\%  that  I  did 
conclude,  that  this  coniriliutioo  of  the  Masters;, 
of  500/.  a- piece,  had  been  in  concert  with  my 
Lord  Chancellor.  1  uuderst<ioil  it  to  be  so  ;  I 
don't  ktiow  wliether  my  lord  gave  orders  that 
Jt  should  be.  so. 

Com.  Sery.  I  defiire  he  may  be  asked  who  It 
was  that  tod  him  &o? 

Edamrds.  J  thiifk  Mr,  Hiccooks  told  me  so, 

8erj.  Prith^n.  My  htrds,  we  have  done. 

Mr.  Rob t US,  I  desire  to  know  what  answer 
Mr.  Htccoi-kf  (jfsve  to  the  questioo  he  asked  f 

Edwards  Only  that  my  lord  was  acquainted 
with  it,  itnd  had  the  state  *of  Mr*  Donoer**  of»- 
flee  laid  beture  him, 

Serj.  Pen^etti/  My  lords,  if  they  have  done, 
we  w\]y  be$f  leiive  to  observe,  that  they  havt 
been  eHtubliMiiu^  the  iiotioe  of  this  whole  de«' 
ficieocy  of  the  £arl,  upon  the  finl  vacijicy  in 


955] 


10  GEORGE  I. 


Trial  of  the  Earl  oJMacde^M^ 


[956 


the  office,  eren  before  Mr.  Edwards  came  in ; 
so  that  the  whole  transaction  afterwards  pro- 
ceeded upon  a  full  notice  of  the  ctrcumstanccs 
and  state  of  the  ofHce.  The  e? idence  of  the 
eontributioD  of  the  Masters,  and  of  the  earl  of 
Macclesfield,  towards  making  good  Uiis  defi- 
ciency, preTcnts,  in  a  great  measure,  our 
bringmg  any  proof  to  the  Fifteenth  Article, 
which  is  now  goine  to  be  opened. 

Mr.  Plummer.  Sly  lords,  if  they  have  done, 
I  only  beg  JeaTC  to  obscrre,  that  the  Tery  letting 
Mr.  Edwards  pay  his  5,000^  to  the  deficiency 
of  the  office,  and  my  lord  Macclesfield's  nut 
taking  it  to  his  own  use,  is  a  sufficient  proof  of 
his  knowledfife  of  the  deficiency.  And  as  to 
this  composition,  I  hare  one  question  more  to 
ask.  1  think  he  says  he  mentioned  it  to  two 
•r  three  Masters ;  I  desire  to  know  if  he  did  so, 
and  whether  they  approved  it  P 

Edwards,  I  think  one  of  the  two  or  three 
Masters  was  Mr.  Lightboun.  He  was  there, 
and  he  did  say,  as  I  remember,  that  he  thought 
ire  might  as  well  lose  the  whole,  as  to  take  so 
small  a  part  of  such  a  debt. 

Mr.  Plummer,  I  desire  another  question, 
and  that  is,  if  he  consulted  any  of  Mr.  Wilson's 
creditors  before  he  made  this  composition  P 

Edwards.  No,  my  lords,  I  did  not  know  any 
•fthem. 

Serj.  Pengelly,  How  much  did  he  receive  in 
the  whole  from  the  Masters  ? 

Edwards,  J  received  500/.  from  nine  of 
them. 

.  Seij.  Pengelfy,  Did  any  of  the  blasters,  and 
which,  refuse  P 

Edwards.  Yes,  Mr.  Lightboun  refused. 

NerJ.  Fengelly.   Fur  what  reason  P 

Edwards,  That  I  can't  tell ;  he  did  not  give 
any  particular  i^easoo. 

Com^  Serj.  My  lords,  I  believe  it  may  be  ne- 
cessary to  trouble  your  lordships  with  asking 
another  question:  Whether  this  discourse, in 
relation  to  this  composition,  was  before  or  after 
the  composition  was  made  ? 

Edwards.  I  believe  it  was  before. 

Com.  Serj.  Then  I  desire  to  know,  whether 
Mr.  Edwards,  upon  that  or  any  other  occasion, 
acquainted  the  noble  earl  of  itr 

Edwards.  No ;  I  don't  remember  I  did. 

Sol.  Gen.  My  lords,  1  believe  we  have  done 
with  these  two  Articles. 

Sir  John  Rushout.   My  lords,  the  Commons 
proceed  to  the  Fifteenth  Article  against  Tho- 
I  earl  of  Macclesfield,  and  they  have  en- 


trusted me  to  lay  open  to  your  lurdships  the 
aubject  matter  oflhis,  and  the  two  ensuing  Ar- 
ticles, and  the  nature  of  the  evidence  they 
think  proper  to  produce  to  make  good  the 
Charge  in  these  Articles;  by  which  it  will  ap- 
pear to  your  lordships  very  fully,  that  the 
crimes  charged  upon  the  person  at  your  bar, 
which  have  already  been  manifested  in  so  many 
instances,  did  not  proceed  from  mistake,  or 
nicre  negligence;  sJtliough  these  wonki  have 
been  fauTu  not  excusable  in  a  penon  plM^  >>> 
mb^b  •MtitPt  bat  thai  thv  were  meffecti 


of  art  and  contrivance,  formed  to  carry  on  and 
promote  a  corrupt  and  illegal  gain  and  advan- 
tage to  himself. 

It  may  seem  at  first  sight  very  sarprizio|^, 
and  may  not  readily  obtain  belief  With  your 
lordships,  that  a  person  raised  by  his  majesty's 
abundant  goodness  to  stations  of  so  great  m- 
nour  and  profit,  who  had  received  larp  aMi- 
tions  to  a  plentiful  income  by  ancceasive  and 
repeated  grants  from  the  royal  boonty,  thU 
such  a  person  should  condescend  to  reeeif^ 
much  more  that  he  should  use  arts  and  stiila> 
gems  to  obtain,  further  supplies  to  bis  insatiiMi 
thirst  of  lucre. 

But  this  your  lordships  will  plaiidy  tee  Uli 
the  case,  when  we  have  given  our  proofs  to  ii 
Fifteenth,  Sixteenth,  and  Seventeenth  Artichk 
Your  lordships  have  already  heard  that  thns 
was  a.  very  great  deficienc}r  and  loss  of  tbsM- 
tors'  money  in  the  office  of  Mr.  Dofomt,  aim 
Master  in  the  Court  oi  Chancety ;  that  Ihi 
Earl  at  your  bar  then  presiding  in  that  Cm! 
well  knew  that  there  was  such  a  deficisoar; 
that  instead  of  applying  remedies  torodmM 
evil,  he  made  use  of  several  methods  to  ctnr 
and  concesi  it ;  it  being  very  obviooa  for  !■■ 
to  reflect,  that,  if  such  a  deficiency  waspi^ 
licly  known,  and  not  effectually  remedied,  aoM 
would  ever  after  purchase  a  Master  in  Cba* 


cery's  place,  at  least  not  at  such  aiuiliiwt 
prices  to  which  the  purchase  had  lately  biM 
raised. 

What  then  mnst  be  done?  Here  was ftt 
to  be  an  entires  top  put  to  this  branch  sf  if- 
venue  which  had  yielded  so  plentifully,  mi 
proved  so  beneficial  to  his  lordship. 

The  contrivance,  therefore,  is  to  oblige  ihi 
Masters,  who  had  already  paid  for  their  plieB, 
to  pay  again  towards  making  ^[ood  this  M- 
ciency,  and  by  an  artful  drawing  them  Hs 
compliance  in  this  point,  to  conceal  and  csali- 
nue  the  mischief. 

This  is  what  the  Commons  charge  in  lbs 
Filteenth  Article,  tli^t  the  earl  of  Maodesfidd, 
to  conceal  the  deficiency  in  Mr.  Dornier'fti^ 
fice,  did  order  several  Masters  of  the  CoartH 
bring  in  their  accounts  of  the  cash,  effects,  Mi 
securities  belonging  to  the  suitors  wliich  wen 
in  their  hands,  with  intent  to  terrify  the  MssMA 
thereby,  so  far,  as  to  oblige  them  to  contribsli 
large  sums  to  answer  the  demands  of  that  of" 
fice :  and  further,  to  engage  them  to  a  esoh 
pliance  in  that  respect,  he  represented  to  then, 
that  unless  they  would  do  it,  the  moo^  asd 
eflects  of  the  suitors  would  be  taken  out  of  tbdr 
hands :  that  by  this  means  he  did  induce  nJii 
of  the  Masters  to  contribute  500/.  a-piooi^ 
which  several  of  them  did,  out  of  the  suitsnP 
money  in  their  hands:  and  this  being  done,  thif 
were  never  obligi*d  to  bring  in  their  aeonnnli- 

What  answer  is  given  to  this  Charge  P  Thi 
Answer  hath  been  read,  and  I  need  not  tradMl^ 
your  lordships  with  a  recital  of  it.  Bat  lh» 
Earl  admits  that  he  gave  such  orders  that  tW 
Masters  shouki  bring  in  their  aooounts: 

That  several  Maaters  did  afterwaidk  PtJ  ■* 
contribute  aaiicbaigcd;  -- 


f[jir  High  Crimes  end  Misdemeanors. 


A.  D.  17^5. 


[058 


riial  tbcy  were  not  atlcrwanto  ofiliged  to 

'' •  ir  AccuiinU; 

li  in  excuse  he  a11?$rM,  That  thii 

ii,A  Moiie  to  terrify  tbia  Maaters  to  make 

'  eoDlribiitton  to  the  detnantlG  oo  Dartner's 

That  wliat  they  du\  coutribute,  he  believes 
■ly  p«til  freely,  nml  out  of  their  own  inoitey: 
Thai  ht  beliefes  he  followed  therein  a  prc^ce- 
Bt  of  Ihe  likt  imUire  in  the  latiurc  of  Dr.  £d- 


'tiiit  he  confititjed  to  call  for  the  accounts^ 

i|  how  tedious  a.  work  it  would 

hon  it  uould  give  to  the  Iniw- 

ol  ih^  Loiitt ;  so  be  kid  itaside:  And  oh* 

•»»  (hat  what  is  lately  done  with  respect  to 

accotiiiU  of  ilie  Masters.    '  *  e  Itisupe- 

ditficultie^  oi  fiiH'li  an  i  i;^* 

*foaithift  answer  youi  Khw>ij.|-^  iM.»v  refleet, 

just  the  o  biter  V  all  on  is  i  hat  the  Comrnous 

C  made  ia  th^-ir  1?^ '^1"  •tiou^wlieii  ihev  sav^ 

Mfi    of  Mti  lijith   iiidtistriously 

(Hvin^  a  il  particular  answer 

ai  molt  era  po&itiveriy  and  certniolyQU 

aioM  hrtn,  which  from  the  uuture  of 

thiiDHeliea  muU  Dece««arily  He  ia  his 

wIcHljtfe^ 

^  ht*  admits  the  fact  clvarijeii  upon  him  by 
Anide ;  hnt  to  ih^^t  pnri  of  it  which  charges 
was   '  111  the  deficiency  tti 

sol  m  answer  at  A tL 

here  itie   iritf  ip  t  imrges,  that  in  order 
Hhat  is  ownt^i  to  tie  done,  he  did  re- 
It  to  the  Mn  '—     •' "1  nnk'iis  they  would 
ly,  the  iiioi  rcts  of  the  suitoi-s 

d  h*»  tnken  oii^  ,.  ......  hands;  tothislike- 

'h"^  hf.i  nniiwer: 
lm^\^,  !i  may  bediffieutt  for  me.  who  am 
femant  iti  laiw  prfieeeiliri^,  to  lay  tbiJi 
ill  its  itronqfest  light  before  your  lord* 
But  I  lake  the  ea«e  to  be  this. 
leCommotiH  chm^p,  ihnt  the  carl  of  Mac* 
to  '  v  ill  Dormer's 

I  nq-  l>efore  him 
ac©ootit5'>t  iht  :  mJ  threat* 

li>at  unless  they  v  towards 

y,  thoML'  'e  taken 

hands:  t!i  he  mul- 

ipf,  and  no  atcuuut.:^  urc  vwr  brouf^ht 
Em, 
iriiK'knowletlgeB  thai  he  ordered  those 
to  be  brought  before  him  ;  thai  upon 
itinif  that  otdfr  several  >latfterH  eonlri- 
500/.  a-piiTi',  and   that   aftrrwanU  the 
tg  ihe  J4c<t»ijnw  was  dropt ;  that  ihi^  was 
ICOnccat  (Imi  inef  \  iJr  finijuy,   ;nif|  pro- 
by  thr  mrnaLc  ol  liikin/   tin  (  lltct*  of 
suitoni  outoi  the  handi  <•  Uru^  cnn- 

Iw  detiieil :  wtiat  part  ot  '  >  then  re- 

ORtdmitled  P   1  mu%t  Kiilmui  tt  to  your 
whrtiipr,  upofi  what  the  Earl  hslh 
lifl«S|H«ss  terms  b v  ^  <  r,  as  well 

Ikllp  iatJi  admittod  b\  verine  at 

charts  of  II  ' 

and  the  C  ' 
Bt  against  tht;    ^»^.,  ,^y^^  .m.« 
I  inT  b  it  owii  Goiif)i9iittii* 


But  the  Eftrl  adds  some  ihiogs  by  way 
excutei  I  8U|rpose,  or  extenuation  of  itieoffenoal 
how  immateriailv  and  how  evasively  your  lorr" 
ships  will  soon  ohscrte. 

He  denies,  that  the  ordering  the  Masters  U> 
bring   in  their  accounts,  was  done  to  terrifj. 
them  to  make  any  contribution  towards  Dor4"^ 
mer*s  deficiency,  and  yet  there  is  not  the  le 
ap^iearance  of  any  other   end  or  des^ign^  iiti 
which  it  could  be  done;  nor  does  he  mentton^ 
or  so  much  as  pretend  to  any  other  end  which, 
with  the  least  colour  of  reason,  could  be  intfndeiJ 
by  it ;  he  says,  indeed,  be  had  a  mind  to  know 
the  slate  anil  cori*lition  of  the  several  offices^ 
that  he  might  be  able  to  make  proper  regul« 
tiona  concerning  them  ;  but  the  thin^  wasdro|l 
hif  ore  he  had  this  knowledge  given  him,  and  he^' 
fore  he  made  one  regulation  in  the  matter  ;  and 
yet  he  solemnly  declares  that  this  was  his  real 
and  whole  intention  :  if  it  was  his  intealioo, 
how  came  he  to  alter  it  so  soon  ?  Could  it  nut 
last  till  one  regulation  was  made  in  a  matter 
which  T%antetl  it  so  much  ? 

Your  lordships  will  Irom  hence  judge,  that 
the  crime  which  the  Commons  charge  upon  the 
uerson  at  your  bar  was  not  a  sin  of  tgnorsnce  ; 
lie  was  informed  of  the  miscarriage  of  the  of- 
ficers of  his  Court,  be  was  conscious  that  it 
needed  rpgulation,  he  had  some  lime  a  thought 
and  intention  to  make  such  regulatioo  ;  but* 
alas  *  it  soon  proved  abortive,  and  th*r  intended 
retbrmation,  however  necessary  for  the  honour 
of  the  Court,  as  well  as  the  safely  atid  advan- 
tngeof  the  mbject,  was  soon  laid  aside:  a  con- 
thi(  t  so  weak  and  so  greatly  inconsistent,  as  not 
to  lie  accounted  for  in  any  person,  who  had  noi 
been  capable  of  pleading  innocence  and  pardon 
to  the  same  fact* 

However  his  lordship  having  found  it  oece 
sary  to  excu«ie  this  proceeding  with  the  Ma 
ters,  by  pretending  an  intention  to  make 
regulations  concerning  them  ;  it  bec-ame  at  i 
cessary,    in   the  next  place,  to    make  some 
a[>nlogy  for  not  proceeding  to  fuel)  regidationt. 

And  for  this,  he  says,  that  it  would  be  a  dtf* 
ficult  and  tedious  work  : 

That  it  would  be  an  ubstroctton  to  the  busi* 
ness  o!  the  Court: 

That  wli  '  'i  '  -pn  lately  done  shews  the  in- 
superable of  the  undertaking. 

1  may  ii «>*,., u^.._>  f*--  <  ^K.^Mi-t  >rrom  ledio 
to  3'our  lordwhipt  it  '  tot 

tic<*  of  all  the  iiicoun.  ,    x.      ,  usequ 

and    evasions    in  the   Answer  lo  this  iinK 
Article* 

Upon  what  account  wa*  tfic  person  now  tt 

f/oitr  l»er  advancetl  to  the  highest  station  of  ibtt 
aw*  entrusted  with  the  distribution  of  juslioe 
ami  rqutty  in  hist  ntaje«ity'«  suprf  ute  otfurt  la 
UrstniinxtrT-hiill,  if  it  ws4  not  to  (*ecure  th# 
pr<»|M?rlv  of  Ihe  »nl)iect  to  thonc  to  whom  it  did 
in  fVMi  ■    •      .  ;»  ^|j4j  u[Hm  whnt  acrnunt 

wer*  rough  I  itit't  Court    dipo- 

'    !  w.ih  111*'    T);nUT»»biit  only  for  sale €!!•*■ 
till  il  ap|>ejir»d  to  whom  equity  would  <' 
»v<  uiinc  the  right  ? 
But  when  it  was  ooea  mstiiieit  UMt\W>w.« 


upon  ihis  iJiP   EdH  houM 

reiki  of  lh€  Masters  (o  p^y  tlte  inimvjr  4fe 

|>  LocknMO  for  ihi 

u>e  (M  iui!'  Hdji  i|rs.  i_  Driiy  ;  with  iiitiiiiilim 
hawever,  thai  ^Le  miu»l  nm  «ji|»fct  iny  iBii««f 
I hi^  10,000/.  ivUlch  lituJ  be«ii  |»aiid  oiihcric^ 
iM/unt  rnto  I>ortiier*6  liaiidfl. 

Your  tur«l$lu(»e«  witt  be  sttiprt^ed  li  %\mim 
tection  Itere  it)««1e,  bfttb  of  tb«  piill  md  ||| 
holdo^fis  of  Uie  o0etn)er ;  tlmt  ibt!  t)er9c>ii^  «|» 

MtiM 


l<»r 


959]  10  GEORGE  L  Trial  of  ike  E^rl  of  MacdUffUU^ 

who  were  employed  ia  this  trii«t,  had  shtme'    U»  him.  who  hail  never  neceivtd  Ibr 
» I'uUy  hrolceo  it|  and  by  i»otoriou9  mismiDageiDeiil 

were  likely  to  bring  ruio  tonU  llie  suitors  of  the 

Court,  was  it  fit  to  cherish  and  cover  up  the 

eril,  because  it  was  a  ditTicuU  and  tedious  work 

to  redress  it  ?     Was  it  likely  to  t>e  less  ^k 

ficult  by  the  delay,  or  tither  i\A  not  n^ery  day 

propagate  and  increa^^e  the  niischif  f,  and  make 

U  lew  capable  of  remeily  ?     Or  cuulil  any  thingr 

^.nora  profier  &r  tbo  busiaess  of  the  Court  f 
Y<>ar  lordships  hare  loo  mueh  sagaciiy  not  li> 

ditfsera  the  weakoeu  of  such  an  excuse,  nor 

will  you  easily  be  persuaded  to  believe,  that  tiie 

earlofMacct^field  wtsonly  j^oiojron  to  apiith 

bisjpredecetsora  trod  hefure  him^  or  tiiat  lie  is  to 

be  sDtfltfiretl,  because  what  hath  been  since  ilune 

ballj  met  with  difficultiea  in  the  untlertakiDtf . 
Jt  1:1  known  how, upon  the  6ruiiiliure',  in  the 

time  of  his  (iredecessurSf  ao  cffectiuit  rernetly 

was  intfii«dialely  applied  :  and  that  those  hUo 

Jiave  siDce  allempted  to  ^ive  an  helping'  hand, 

lia?e  prevented  any  new  eruption  of  the  evil 

eomplaioed  of;  and  if  the  undertaking  was  at* 

teoded  with  difficulties^  thttr  care  and  com- 

■leodable  ze4il  lor  the  pnblic  service  have  al- 

l^dy  been  able  to  surmount  them  in  some  mea- 

•ure ;  altliough  the  efross  enwurajrempnt  tfirwi 

by  the  pari  of  Macclesfield  had  laid^uch  astront^ 

Ibundaiion  for  those  diflkultiea^  as  if  he  had  de* 
,  ftigoed  really  to  make  them  insuperable,  thai 
'Ibey  might  serve  for  such  a  sort  of  excuse  aji 
,  he  DOW  endeavours  to  dra%v  from  them. 

But  the  Ear)  alleges  further,  that  he  believes 
I  Maalers,  who  contributed  towards  Dormer's 
oieticy^  did  it  ir^e\y  and  out  of  their  own 
» money  ;  and  Uiat  in  brio^intf  tbem  to  c«inrri« 
dilute,  he  followed  the  precedt nt  in  Dr.  Eddis* 
I  bury's  ease. 

1  need  not  trouble  vour  lont^ibip-^  long  upon 
I  Ibis  branch  of  the  Article,  since  no  one  besides 
*  bis  lortlship  can  well  believe  the  blasters  con- 
tributed freely  ;  and  the  priMif  we  shall  lay 
^  before  your  lordships  upon  this  head  uill  f^ive 
I  full  satiiifacuoo,  ijiatnone  of  theru  did  it  freely, 
,  nor  all  of  them  out  of  their  own  money  ;  nor 
I  Is  it  the  crioie  the  Commous  charge,  that  the 
[  Masters  were  prevailed  on  to  contribute  to- 
\  wards  the  deficiency  ;  but  thai  the  Earl,  whose 

Ligh  station  rnade  it  his  doty,  when  he  was  lu- 
^  furmett  of  the  deficiency,  to  lake  care  to  redress 

It,  did  not|  as  in  the  case  of  Dr.  Eddisburv, 

provide  that  the  whole  money  belonging  to  the 
,  luiters  should  be  eflectually  au««wered  ;  bat  in- 
I  tste»d  of  folio  VI  log  that  precedent  in  the  just  and 
I  bonesi  use  of^^l,  be  turned  it  to  answer  his  own 
j  corrupt  purposes,  and  to  conceal  from  public 


is  so  seu'^ibte  of  hia  crtine,  a 
this  matter  would  alTect  both 
who  discem«i  the  moiialrou» 
the  o)iiichief  before  him,  who 
nishment  of  that  crime  by  a 
qiiirj  ;    that  this  person, 
remedies  to  the  evil,  aliould 
oijly  tu  conceal  it* 

VVhat  Answer  gives  tbeEoiri  to  Ibis  CI 
He  admits  the  order  made,  and  titat 
wards  refused  to  pay  the  1,000/.  that  liebi 
p;iid  the  mODcy,  ami  told  Ijiickuaao  that 
they  must  expect  from  hm)  ;  btit  he 
believe  he  had  any  discourse  willi   thr  Mi 
to  persuade  iheiii  to  pay  the   iS^OOL  to 
luao. 

Your  lofdslilps  initst  he  conviQced  d 
guilt,  when  the  otTender  himself  hath 
assurance  to  deny  it ;  he  cannot  derty  bsi 
he  knew  and  representiHl  the  consec^i 
would  e{i«ue  what  was  done  ;  thatitwoiiy^ 
dnce  a  parliamentary  enquiry  ;  that  it 
affect  himselfas  vieli  astht'  Ataatent, and 
would  baasard  tbc  forfeiture  of  tli 
Your  lordships  have  now  an  op|] 
vindicate  the  honour  of  parliammii^'' 
leave  this  instrnctiou  to  poster tly;  Ihattbic 
who  foresee  their  unwarrantabk  acttun)  nil 
give  ocrasion  for  a  parliamentary  tfv(^<, 
shall  not  be  able,  by  anv  rnnitivnneef^,  ^J^ 
uieant  whatever,  to  eva  ;  ice  of  n. 

As  to  tho  last  pi^n  <  wtfclc,  ^\ki^ 

charges,  that  on  a  motion  in  a  canaii,  ll»fff 
against  Case  and  others,  relating  tn  lin^L  « 
havin^r  deen  paid  into  Dormer^s  hands 
ilauger  of  bciiig^  lost,   the  Karl    falsely 
deceitfully  declared  lie  had  heani  there 
deficiency  in  Dormer's  office,  but  kocw 
thing  of  it  only  as  public  news  :  the  C< 
wilt  give  si;fficient  evidence  to  your  bnyufi 
of  the  truth  of  this  Ghsfge. 

The  Earl  indeed  gives  a  large  iccouil^ 
this  cause  and  the  orders  made  in  it,  and  1^ 
couch  ides,  he  Mieves  he  eitpresaed  hasEisHCl* 


0otice,  that  toi^s  to  ibe  Nfiitors  which  it  was  hjs    thisetfe<!t^  that  he  ha4liri[U'>MU'<'Ar.l  <.»  Dtmso^ 
I  duty  to  have  wholly  prevented.  deficiency ,  but  that  it  h  ididl^ 

The  next  Article  we  proceed  to  is  the  Six- 
[teeoth,  which    charges,   that   one    Elizabeth 

Qbittv  hftiritig  obtained  an  order  of  the  17tb  of 
LMarcii,  iu  tin*  tenth  year  of  bis  present  ma< 

'  ily.  whereby  Mr*  Edwards,  who  succeeded 

ia   Mr.  Dormer's  office,  was  ordered  to  pay 
'  1)000/.  part  x)f  a  very  large  sum  due  to  her, 

which  bad  been  paid  into   Dormei's  bands  ; 
J^/t,  £jiw4rJ«#9a)piaiyf4of  ibis  una  hatiUbi^ 


before  him  upon  comph^  le 

of  the  Court :  that  sevr  i  >uiiiee9  Hi* 

notice  of  at  large  had  <  :  hereto  s  td 

adds,  that  he  said  he  did  ttot  ktiow  boissl 
these  things  would  come  ont,  and  express' 
himself  to  that  ejf«^t  antl  no  other  i  and  yjMiili 
this  circuiidocutiuo  in  the  Aaawer,  wilbetil  tsf 
denial  of  tiie  words  as  tbey  itaad  chaif^  ^ 
Vvave  rtiMa  to  beiieve  jow  IgrMitfi  ird^^ 


Jqy  High  Crimes  and  Miidewkean&rs. 


A.  D*  1725, 


f962 


well  Balisfifc^d*  w tthom  farther  jiroof,  thai 
worJs  tilt  iiiioucd  in  the  ArlJcle  irere  un- 
douliteOl^'  useti  by  tbe  earl  <jf  Macclesfield. 
It  is  further  ohWrved  by  tbe  Earl,  that  this 
ppeneil  utter  such  time  as  the  Masters'  ac- 
iltits  hail   been  laid  before  the  lords  of  the 
kmoil,  aod  im\  heen  under  tlie  examiuatioa  of 
^  judgfes  aiiil  oLhtm  to  %vhoai  they  had  been 
iferred  by  his  mujesty  ;    and  there  may  be 
n^easfui  to  doubt  whether  the  knowMj^e 
'a  deficiency  had  been  so  soon  declared  by 
'  I  )ord>ihi|»,  if  the  examination  under  which 
rnajesty's    abundant    goodness  and    care 
'  hu)  i>i2uiile  liad  pitt  those  accounts,  had  not 
dy  laid  u^en,  and  made  a  |»ublic  disco?ery 
fit. 

L^be  17th  Arlicfe  charges,  That  though  the 
^1  of  Maeclctifield  knew  of  tbe  great   de 
cy  in  Dormer^H  ofiBce,  yet  to  crtnoeal  it, 
^ order  to  carry  on  his  curropt  and  unjust  de* 
s,  he  made  orders  upon  Mr.  Edwards  for 
\  payiiieut  of  several  sums,  which  were  paid 
iiout  regard  to  the  proportion  tlie  rest  of  the 
btors  wercjuslty  entitled  to  out  of  Dormer *s 
and  cofiiitquenlly   to  their   great  loss 
pircjudice  :  to  ibis  the  Earl  answers  with 
t  usual  candour,  that  he  never  endeavoured 
rcoDceal  the  deficieocy  ;  but  as  he  was  under 
lull  persuasion  it  ivould  in  due  time  be  made 
that  he  dtd  not  think  it  incumbent  on 
n,  es' officii  lo  make  a  declaration  of  au  are- 
re  ;  that  he  doib  not  know  any  onfer  wa^i 
ide  by  htm  ior  Mr.  Edwards  to  pay  money 
*_cd  with  Mr»  Dormer;  but  believes  several 
ders  were  made  by  the  Court  for  Uut  pur* 

[Your  lordships,  upon  the  bare  recttingf  the 

'f  of  the  Atkswer,  wtll  perceive  the  art  and 

f  of  tlie  answerer ;  he  doth  not  know  any 

Jifm  made  by  Inni^  but  bc'tieves  several 

i  made  by  the  Court ;  as  if  he  could  hope 

make    your  lordships    believe,  he  was  a 

anger  to,  and    unconcerned   in  the   orders 

'  i  by  the  Court  of  which  he  was  the  only 

le  admits  he  did  endeavour  to  conceal  the 
ficiency,  hut  was  persuaded  it  woiilil  be  made 
iu  dive  time,  without  acnuainting  your 
fdships  with  any  grounds  for  tnat  uersua^ion, 
'  even  meuitioriing  when  he  thought  that  due 
ne  would  come. 

He  iuti mates  it  wast  incumbent  to  make  a 

claration  of  an  average,  but  thought  it  not 

cumheut  upon  him  to  make  it  ex 'Officio  :    he 

Buld  Uftt  deny  it  to  be  the  most  equal  rule^ 

pat  if  a  loikS  was  not  inevitable,  an  averaq^e 

D^lil  to  he  made;    I  bat  the  to^   mi^ht  be 

rne  equally   and  in  proportion  among  alt  : 

i,  could  not  deny  ttie  making  orders  to  pay 

'        ras  inconsistent  with,  and  destructive  to 

^Kiabty  ;  and  he  could  not  however  think 

iubent  on  htm  to  do  this  ^i-ogkh  :  and 

"  clonged  to  nobody^s  office  t>ut  his  own 

:  it* 

Thus  your  lordships  may  observe  how,  to 

iary  Article,  th«  A ti^wer  either  admits  the 

'liarge»  or  us««  loose,  g«Qcral,  or  foreign  cir- 

VOLl  XXL 


cumlocntious  to  evaile  it,  when  the  evidence  of 
the  fad  will  not  allow  him  to  deny  it ;  yet  he 
would  be  thought  to  say  something  at  feast  ia 
excuse:  but  his  knowle<lgc  of  your  lordships' 
sujierior  understanding,  ought  to  have  deterred 
him  from  all  expectations  of  imposing  upovi 
your  lordships  by  any  tittle  shifts  and  artificea 
of  this  kind  ;  nor  lihould  he  hope  to  p&ss  here 
the  Answer  as  sufficient,  which  must  have  been 
reported  contrary,  if  I  am  rightly  informed 
of  tbe  practice,  by  any  of  the  Mastera  of  his 
Court. 

But  I  aball  not  longer  detain  your  lordship* 
with  observations  iu  matters  iu  themselves  &» 
evident ;  wlmt  is  admitted  to  every  one  of  these 
three  Articles  is  sufficient  to  justily  the  Charge 
of  the  Commons,  and  whatever' remains  hut 
imperfecti}'  ailmitted,  we  doubt  not,  by  wit- 
nesses aod  other  proofs,  to  make  out  to  your 
lordship's  entire  satisfaction. 

My  lords,  it  i^s  a  province  enjoined  me  like* 
wise,  to  maiutaiu  the  t^harge  exhibited  by  the 
Comiuons  of  Great  Biitaiu,  in  the  Ftfteeuth^ 
Bixteentb,  and  Seventeenth  Articles  of  their 
impeachment  against  Thomus  earl  of  Mac-* 
clufiludd.  Aud  it  is  with  tbe  greater  chcarful' 
ness  I  undertake  that  produce,  Muce  I  come 
to  demand  that  justice,  which  your  lordships 
are  alway»  disposed  to  administer,  to  every 
subject  of  Great  Orituin  ;  and  therefore  1  can- 
not but  be  fully  assurcnl  of  your  just  inclina-- 
tious,  to  do  equal  right  where  it  is  demanded 
by  the  House  of  Coiumoas,  the  representative 
biidy  of  the  whole  united  king:doni* 

U  h  very  strange,  that  the  Earl  now  under 
prosecution,  who  hath  been  so  many  years 
within  the  walls  of  this  House  ;  who  hath  so 
long  lieen  witoe«»s  of  your  lordships*  great  in- 
tegnly  and  wisdom,  should  not  tlierehy  be  de- 
terred from  attempting  what  might  sul»ject  him 
to  your  ci'usure.  But  it  is  still  more  unac- 
countable, that  a  person,  who  liatb  had  so  long 
experience  of  that  judgment  and  isagacity,, 
whereby  you  skilfully  distinguish  between 
rijp^htand  wrong,  should  hope,  by  the  artitte* 
of  words,  and  loose,  general,  evasive  expres- 
sions ;  that  he  should  ever  hope,  I  say,  my 
lords,  by  such  fig-leaves  as  these,  to  hide  hitn- 
self  from  the  eyes  of  your  lordiihipa*  impartiai 
justice. 

The  worthy  gentleman,  who  hath  preceded 
me  upon  thisltead,  hath  so  fully  opened  tbe  «e* 
veral  Articles  now  under  consideration,  and 
hath  so  clearly  detected  the  sophistry  and  in- 
sufficiency 0*  the  answers  that  are  given  lo 
tliem,  that  I  slkall  not  need  to  he  long  uport 
that  head  ;  it  would  indeed  be  dilBcfilt  to  add 
any  thing  new  to  what  lutth  already  been  ob- 
served, did  not  tbe  innumerable  fallacies  and 
inconsistencies  with  which  his  Answer  abounds^ 
continually  supply  fresh  materials  for  obser* 
vation. 

But  1  shall  content  myi^elf  only  to  take  no- 
tice upon  the  answer  to  'the  Fifteenth  Article^ 
thut  tlie  Earl  stand;*  in  a  manner  convicted  by 
bis  own  confession  :    lie  admits  the  f'a.<t\.^  WiX 
wouhl  ;i^uld  l\i^  «:oft^<^s;\i^yi^\>^  xflt^vo^i^^^^o**- 


I 
I 


96S] 


iO  GEORGE  I. 


Trial  of  the  Earl  of  Macclcffidd^ 


[964 


he  really  intended  to  make  |he  Masters  hrins*  in 
their  accounts,  altiioii<r|i  he  did  not  do  it:  If  it 
fras  intended,  ^^  hy  was  it  not  done  ?  It  was  a 
difficult  and  a  tedious  work. 

1  am  surprised,  my  lords,  to  find  that  any 
person  should  expect  to  satisfy  your  lordships, 
by  so  weak  and  frivolous  an  excuse. 

A  iicrson  who  presides  in  the  hirrhest  court 
in  Wi»«tminster-haH,  is  infbrmefl  of  some  un- 
^varraiifnblc  practices  of  the  officers  to  whom 
the  money  of  the  suitors  is  entrusted,  which, 
forwent  of  due  care,  hath  already  proved  very 
]iernicioas,  and  must  in  time  ]irove  destructive 
to  the  property  of  all  the  suitors  of  that  Court, 
unless  some  speedy  check  be  put  to  this  grow- 
inf^  evil ;  is  convinced  the  matter  needs  ref- 
lation ;  bat  he  lets  it  go  on,  because  it  would  be 
a  difficult  and  tedious  work  to  redress  it. 

In  moral  evil,  my  lords,  the  continuation  of 
the  jiraoticc  of  an  ill  habit,  because  it  is  diffi- 
cult tol>reak  it,  is  so  far  from  extenuatinpf,  that 
it  is  justly  esteemed  to  aggravate  the  fault ; 
and  i  don't  doubt  hut  that  your  lordships  wilT 
Imve  the  same  sentiments  in  this  case;  for 
since  it  was  necessary  to  apply  a  remedy,  the 
sooner  it  was  done  the  better,  and  the  diffi- 
culty of  the  work  should  have  been  a  spur, 
rather  than  a  check  to  a  vigorous  endeavour 
for  redressing  it. 

In  h'ls  Answer  to  the  8ixteenth  Article,  your 
lordships  will  observe  the  same  prevarication 
spread  through  the  whole :  The  widow  Chitty 
lAving  a  considerable  sum  of  money,  to  whica 
she  was  entitled,  brought  into  Court,  and  de- 
jKisited  in  Blr.  Dormer's  hands  for  the  saf  ie  cus* 
tody  of  it  only,  petitions  for  1,000/.  part  of  her 
own  money ;  such  a  petition  could  not  be  de- 
nied entirely,  without  bringing  on  a  speedy  en- 
quiry of  the  causes  and  occasions  of  the  em- 
bezzlement which  had  happened  in  that  office ; 
and  the  discovery  must  have  brought  on  a  ne- 
cessity of  remedying  the  evil  that  would  there- 
by have  been  made  so  public,  and  so  notorious. 

An  order  therefore  is  granted,  that  the 
1,000/.  should  be  paid  ;  but  then  the  difficulty 
IS  renewed,  how  to  make  that  payment  without 
discovering  to  the  public  the  mismanagement, 
which  must  have  put  a  stop  to  the  sale  of  the 
blasters'  places,  which  ivere  disposed  of  at 
exorbitant  prices,  and  brought  in  an  immense, 
though  illegal  gain.      Mr.  Edwards  would  not 

Say  It ;  hehad  no  money  of  Mr.  Dormer's  in 
is  hands ;  the  next  application  was  made  to 
the  Masters  of  the  Court,  to  see  if  they  could 
be  prevailed  on  once  more  to  raise  a  sum  by 
contribution  amongst  them  ;  to  this  end  they 
were  told,  that  if  they  did  not  comply,  Dor- 
mer's deficiency  would  be  discovered ;  and  that 
might  occasion  a  parliamentary  enquiry,  the 
oousei|uence  of  which  might  be,  the  forfeiture 
qf  their  offices,  bought  contrary  to  the  statute 
€)f  Edwanl  the  6th,  that  this  might  aifect  him- 
self a  little,  but  them  much  more ;  all  this, 
my  lonls,  is  chaiw^ed  in  this  Article,  and  not 
denied  by  the  Karl,  but  in  snch  a  lamentable, 
evasive  manner,  as  betrays  more  guilt  than  ao 
ojveu  aud  ingeauoua  coo&asioii. 


It  passes  my  observation,  in  that  little  view 
I  have  been  able  to  make  of  past  tines,  that 
any  judge  of  a  court  in  Westminster-ball, 
should  own  the  knowledge  of  so  great  a  crime 
in  the  officers  of  his  Court,  as  tliat  they  came 
into  their  places  contrary  to  law,  without  aoy 
censure,  or  blame  for  it. 

But  that  a  person  raised  by  the  unmeritei 
lH)nnty  of  his  majesty,  to  preside  in  the 
highest  court  there,  to  conduct  the  adrainis* 
tration  of  justice  agreeable  to  the  rules  of  equkj 
and  good  coiiscienci',  as  his  majesty's  vice- 
gercnt  in  that  great  station ;  that  such  a  pe^ 
son  should  not  only  ha  conscious  of  the  ill^ 
lity  of  the  Mii:$ters  obtaining  their  ulacesi  ui 
a  party  to  such  ilicgality,  but  should  faan 
the  assurance  to  maUe  use  of  that  as  an  a^> 
gumentto  extort  money  from  them,  in  order  li 
prevent  the  discovery,  and  the  punirinneil 
consequent  thereto,  will,  I  persuade  niyKl( 
stir  up  in  your  lord8hi[is  the  greatest  indigB»i 
tion. 

It  seems  he  apprehended  the  terror  of  a  mo- 
secution  by  parliament  naight  have  some  effect 
upon  them,  and  engnge'them  to  comply  wilk 
his  demands,  although  it  had  not  the  least  ef* 
feet  upon  himself.  It  was  a  proper  expediot 
t->  bring  them  into  a  coiktributiuu  of  ifiOOL 
but  it  was  not  sufficient  to  deter  him  from  tbon 
practices,  which  justly  merited  such  a  proK- 
cution. 

Our  ancestors  thought  it  became  them  H 
keep  in  awe  the  greatest  subjects  in  the  reiln, 
and  none  were  too  big  to  be  called  to  accMBt 
tor  the  wrongs  and  injuries  they  did  the  niibbc; 
the  Case  of  Michael  de  la  Pole  *  in  Uichird 
the  Snd's  time,  and  cardinal  Woolscyf  in  IlemT 
the  8th'8,  with  many  others,  some  of  whidi 
have  been  already  mentioned  to  your  lordships 
are  flagrant  instances  of  it.  And  we  have  now 
a  just  opportunity  of  shewing,  that  we  havetfat 
same  regard  for  the  honour  of  parliaments,  tod 
the  good  of  the  people;  that  no  one  ooiB[iitti 
presume  to  transgress  the  laws,  be  his  siutioei 
or  his  power,  never  so  highly  advanced,  apoa 
prospect  of  impunity ;  since  a  British  panis- 
ment  can  reach  the  most  lofty,  and  punish  tbi 
most  insolent,  corrupt  offender:  so  that  bCi 
who  is  not  restrained  within  the  limits^  tod 
boundaries  of  the  law  out  of  awe  and  reverence 
to  it,  must  expect  to  fall  a  sacrifice  to  dil 
power  of  their  justice. 

Your  lordships  have  here  an  instance  of  «• 
placed  at  the  head  of  the  law,  who  is  conscioof 
that  his  actions  arc  contrary  to  it ;  w  ho  mikct 
no  scruple  of  avowing  this,  where  it  may  stfvi 
his  interest,  defies  a  parliamentary  eoqoirtf 
and  goes  on  in  jiructices  which  he  knows,  in 
professes  to  he  dlegal.  Your  lordships  will  o^ 
serve  how  he  endeavours  to  shelter  binuetf 
from  danger,  and  by  an  infamous  degree  flf 
dissimulation ;  what  he  openly  avoii's,  to  raiM 
a  conlribution  from  the  Masters  of  the  Couft, 
he  more  publicly  denies,  with  design  to  esrrt 

■  ■     . ■— ■  "y- 

*  8ee  his  Case,  vol.  1,  p.  89. 
1 1^  bi«Cwe,  vol.  1,  p.  96r. 


Joy  High  Crimes  and  Misdenteanors, 
ttpiieupiiiee  in  ibii  afikir  to  the 


The  fleficiency  of  DOTioer  flt  last  beeame  a 

gublic  clnraour ;  it  wast  oot  Mm.  Chltly  <Mily, 
ut  Qiany  others  wanted  their  money  de'poait^d 
nd  eotriisled  in  the  hnwU  of  the  Court,  aod  by 
^  I  Coart  entnisteit  tu  the  cMtstudy  of  the  Mas- 
and  the  uiiitor^  Ihpn  made  open  complaint 
on  Ibis  subject,     lit  the  cause  tberetbrc  of 
trpf  r  and  Ca^e,  a  tnotioo  hetog;  made,  lliat 
6o/.  bribed  in  Dormer's  bunds  might  be  |>aid 
lore  tlip  evecutkin  oftheconvi*yancedrrerted 
Court;  he  ivho  had  been  so  lonsf  in- 
ned  of  the  shameful  cnihezzlement  of  the 
J  af  the  suitors  in  I>ormer*a  office^  who 
invented  so  many  artful  contrivances  to 
1  tlie  kflOivleJge  of  it  from  the  pubhc,  in 
I  serve  his  own  private^  unjust,  corrupt 
»,  the  matter  \mx\^  now  declarecl  in  open 
t,  he  could  no  longer  deny  the  knowledge 
%at  he  was  so  plainly  informed  of;  that 
ore  all  bye-standers  mijrht  iniaj^ine  hU 
ind  conc<'rn  for  the  pnhlic  rro^Kl  was  to 
■ordinary,  that  be  ctiold  not  have  forborn 
re  remedied  the  mtschtef  if  he  had  been 
apprized  of  it;    be  then  nublicly  and 
ely  declared  that  be  had  hearrl  I  here  was  a 
oiency  in  Dormer's  office,  but  tbn*  he  knew 
tiitigof  it  hut  as  pttbhc  news.     In  Uie  Earl's 
■wer.  my  lordsi,  he  explains  this  expression, 
'  saying-,  ihiU  it  never  came  judiciilly  befbf« 
I  ufion  the  complaint  of  any  of  the  suitora 
Ttlic  Court:  this  I  am  pfrsuidefl  your  lord- 
will  thiuk  a  very  j*oor  excose,  I  hut  he 
K»  was  the  protector  of  all  ifje  fortunes  nf  the 
lesii  and  lunaticM,  should  not,  upon  the 
intimation,  or  even  suijpicion  that  they 
?  like  to  be  losers,  cause  u  strict  examina- 
I  to  be  made  into  it. 
can  scarce  be  believed  a  person  who  has 
►  great  a  capacity  to  judge  in  what  manner 
^^Q^t  to  act,  should  erer  descend  to  so  low 
"  _  a  unworthy  the  station  in  which  he 

^pfftced,  so  unworthy  the  dignity  and  ho- 
to  winch  he  had  been  ad  v  a  need  ^  as  to 
the  knowledge  (oiherw  ise  than  as  news 
faccideiitjl  discourse)  of  what  be  had  been 
frequently  informed  of,  and  \vhat  he  had 
en  pains'  so  ton^,  and  so  detiberalely  to 
Dticeal. 
1  need  not  use  any  wonis  to  represent  to 
tir  lordships  the  indignity  of  such  (irevnri* 
tion,  who  will,  m»on  the  first  iniimatmn,  be 
ubke  of  every  thlnif  that  may  seem  in  the 
\  detfree  to  depart  from  the  rules  of  honour  : 
k  i^  indeed  almost  inconceivable,  that  a  person 
draoced  to  be  a  part  of  your  noble  body, 
ulfl  so  tar  for^  himself  antl  you;  it  is 
if  be  could  have  expressly  ^lenied  by  bis 
r,  we  must  have  despaired  to  have  garnet) 
lit  io^  ibou§^h  we  eoulrl  have  proved  it  by 
or  witnesses;  but  his  Answer  will  sufli- 
dimly  oonmee  your  lorilships  ol  the  truth  of 
ito aueirstion ;  for  be  who  <:ould  not  directly 
deaiy  a  charge  of  so  gross  a  crim«,  must  by  hii 
sum  alien ce,  in  a  matter  of  so  heavy  a  Dature^ 
t«  CODcUtdtd  to  beguilty  of  it. 


A.  D,  1723,  [96« 

I  biffe  already  detained  your  lordsbitis  so 
loner  t)|)on  this  8ixleeutb  Articte^  thai  1  shaH 
not  take  the  liberty  of  tryinj^  your  patience  by 
makinisr  any  observations  upon  the  Seven  teenth% 
but  shall  leave  it  to  the  gentleman  thai  is  ap- 
pointeil  to  assist  in  it. 

It  contains  only  repeated  instances  of  a  cor- 
rupt endeavour,  still  to  conceal  the  koowletlpe 
of  that  deBeiency  from  the  public,  which  it  wai 
bis  duty  to  have*  prevented  ;  or  at  least  to  have 
BuppUed,  auil  rather  to  have  made  it  good,  than 
have  concealed  it.  What  ground  or  renson 
could  there  possibly  be,  why  a  mischief  uflh it 
kind^  if  it  ilid  happen  by  accident,  should  with 
so  much  industry  be  covered  and  continued^ 
when  that  concealment  could  answer  no  g-oml 
or  honest  purpose,  but  must  by  the  delay  in* 
crease  and  e:row  more  d€8|)erate,  and  tend  to 
brings  destruction  and  rnin  on  the  suitors  of  the 
Court? 

But  as  your  lordships,  l>y  the  preoHi  upon 
the  former  Articles,  had  an  opportunity  to  take 
notice  what  large  sums  ot  n-n*  v  u  u\  been 
paid  for  tbe  purchase  or  excl  ■  places 

of  the  Masters  of  tbe  Court  t  i  3  >  it »» 

nnlnral  to  conclude  from  thence,  that  tlie  Mas* 
ters  were  necessarily  to  be  imttilged  in  tnakiujf 
use  of  tbe  suitors*  money  in  their  hands,  in  or^ 
der  to  make  up  the  va$i  sums  iliey  had  giveil 
for  their  offices ;  and  if  there  bud  been  mis* 
carriages  in  attempts  of  that  kind,  (which  in 
bold  adreolurers  for  such  ends  couUl  hardly  bm 
avoided)  the  discovery  of  such  a  mischief  woold 
have  made  »t  absolutely  necessary  to  have  re- 
moved the  nrioney  from  those  who  bad  proved 
such  unfaithfurstcwards,  or  at  least  tohav# 
obliged  them  to  have  ^iven  propur  securities 
to  indemnify  those,  whose  fortunes  were  en - 
trustal  to  their  tare,  from  any  loss  which  mi^l 
happen  by  their  mismanagement ;  tbe  oonse* 

anence  of  which  caution  mu^t  tiuavoidably  haw 
rawn  on  a  retrench  men  I  of  tl»e  exorbitaaft 
prices  which  of  late  have  been  given  for  thos^ 
places. 

But  I  need  not  frive  your  lortlsbtps  any  fur** 
tber  trouble,  by  enlarging^  more  ufioi]  this  to- 
pic, who  ou^ht  rather  to  make  apuioi^y  for 
havini^  bren  already  so  lon^  upon  it ;  the  ^en- 
ileman  who  went  before  me,  and  be  that  wiM 
follow  me  utKKi  thid  head,  will  be  sufiinient  to 
give  your  lordships  morp  ample  ^atisfnctioa  t 
and  tlie  certainty  of  the  latiH  (nhich  the  Em 
himself  seldom  hkjth  the  astiuiaiice  to  deny, 
but  only  attentpi>i  by  fabe  colours  to  avoid  the 
inferences  from  ihcui)  will,  wherever  there  is 
need  or  occasion,  be  supported,  and  made  good 
by  full  evidence* 

Mr.  Thompson,  My  lords,  I  am  cotnmanded 
by  the  Commons  to  a&sist  in  maiotiiiriing  the 
fifteenth,  Sixteenth,  and  8evf^nteentli  Article* 
of  their  Impeachment.  The  genilem^n  who 
have  gfone  before  me,  have  acquitted  me  fronk 
giving-  your  lordshipi.  any  trouble  upon  two  of 
these  Aitictes ;  and  I  count  it  my  good  fortune 
that  the  third  is  la  lien  to  my  lot^^mt^V^^^vi^ 
dtoce  to  ^lOve  \]i^ft  cNi&.x^'^  ^\v\x;axk«9^v^  vV^^^vM 


i 


967] 


10  GEORGE  L 


Trial  of  the  Earl  ofMatde^M^ 


[9G8 


Ten  cImt  and  direct,  that  little  need  be  nid, 
eitlier  to  shew  the  neoessity  of  the  aecuiatioD, 
or  the  truths  ol'  the  facta  alleged  by  the  Com- 
mnos. 

My  lords,  I  wiU  avoid  as  much  as  I  cao  re- 
capitulB«in!^  any  evi'leoce  which  has  heeo 
openel  MVire ;  but  the  crimes  of  the  unfortu- 
nate earl  f  ^laocleslield  arc  so  interwoven, 
that  iiinjyljc  sometimes  necessary  for  tne  to 
look  b:ick  upon  circumstances  that  have  been 
spoken  to  U|K>n  other  Articles. 

The  Cumrauns  in  tiie  Seventeenth  Article  set 
forth,  "  That  the  Etrl  very  well  knew  there 


•  rantee  for  our  fortunes  was  becoiac  the  invider 
^  of  them,  they  beheld  it  with  iadiszaatWD  an4 
I  horror,  and  liave  applied  to  joar  Jonbfaipi  to 
denuod  redress  and  Tengeanbe. 

Now,  my  lords,  I  beg  yoar  attention,  vbflit  1 
take  a  view  of  the  Eari's  Answer. 

He  says, "  Ue  never  endeavourad  tn  cooeal 
Dormer's  deficiency."  You  will  bear  tbtf  bt 
did;  and  alleged,  "It  would  be  for  the  hoDOV 
of  the  Court  to  conceal  it." 

The  accused  Earl  proceeds,  "As  he  w» 
under  a  full  persuasion  the  same  would  In 
made  good.*'     1  dare  say  the  earl  of  Maixks* 


was  a  deHricncy  in  Mr.  Dormer's  otnce,  and  <  field  will,  at  a  proper  time,  acquaint  you 


that  Mr.  lvlwariJK(liio  successor)  had  not  suffi- 
cient in  his  hanilii  to  pay  tlie  whole  money  due 
to  the  suitor^."  My  lords,  as  to  the  Earl's 
knowl«dt;e  ot'  this  dciici-ncy,  he  admits  it  iu 
his  Answer,  by  saying,  '*  He  never  endeavoured 
to  cmceal  it  :''  and  Mr.  Edwards  has  notoniy 
declared  upon  oath  this  day  at  your  bar  there 
was  a  deficiency,  but  also,  ^^  that  it  was  laid 
before  my  lord  before  he  w;is  adniitud." 

Yet  ''  uutwithslanding  lie  very  well  knew 
it,"  the  Commons  aver.  **  that  'he  did  from 
time  to  time  make  onicrs  for  the  pnymr-nt  of 
several  sums  out  of  this  ofiicc,"  and  in  support 
of  this  charge,  we  shnll  produce  divers  of  \\\i 
lordship's  origin&l  orders. 

And,  my  lords,  I  appeal  to  the  testimony  of 
erery  Master  in  Chancery,  who  has  been,  or 
may  be  examined  before  you;  1  appeal  to 
your  lon1i»hi|is'  observations'^  upon  the  evidence 
you  have  already  beard,  whether  or  no  such 
proceedings  were  not  calculated,  *^  to  carry  on 
Lis  unjust  designs,  and  to  prevent  a  parlia- 
mentary enquiry  ?** 

As  to  the  latter  part  of  the  Article,  "  That 
sums  were  paid  without  any  regard  to,  or  con- 
sideration of  the  proportion  t}ie  rest  of  the 
suitors  were  entitled  to,'*  we  shall  not  only 
prove  the  fact,  but  shew  likewise  that  this  par- 
tiality was  not  carried  on  inadvertently,  but  de- 
liberately ;  that  this  unequal  distribution  of 
right  did  not  flow  from  a  supine  neglect,  or 
careless  oversight,  but  sprung  from  a  depraved 
intention,  and  determined  corruption. 

Mr.  Edwanis  will  acquaint  your  lordships, 
that  he  foreviarned  the  Earl  of  the  conse- 
quences that  must  follow  from  his  payments, 
who  still  bid  him  '<  continue  paying ;"  and  Mr. 
Liiglitboun  (reasoning  with  him  as  beoime  a 
person  associated  to  the  Chancellor)  urged, 
**  That  he  did  not  think  any  measures  justifi^ 
able  in  a  Court  of  Equity,  whereby  any  undue 
preference  might  be  given,  and  some  have  fheir 
whole  money  and  others  be  left  in  the  lurch." 

8o  that  this  misdemeanor,  this  fraud,  was  in 
^'  manifest  and  wilful  violation  of  the  trust  re- 
posed in  him,"  a  trust,  my  lords,  (when  faitb- 
i'lilly  executed)  wherein  consists  the  glory  and 
4iappiness  of  this  kingdom.  It  is  tl)c  security 
of  all  our  propertiss,  a  refuge  for  distrest  wi- 
dows, and  a  protection  to  helpless  orphans ; 
and  when  the  Commons  saw  that  oppression 
hail  possest  the  seat  of  justice,  that  partiality 
liaJ  murpcd  the  throne  of  equity,  that  the  gaa- 


Here  the  grounds  of  this  ncr«iasion.  Tb 
Commons  oliserve,  m-ith  the  deepest  concenfi 
the  miserable  suitors,  that  Uiey  have  met  with 
no  foundation,  no  colour  of  reason  to  inriact 
*  them*  to  entertain  such  hopes.  On  the  eM* 
trary,  the  Master  who  siicrecded  to  Mr.  Dv- 
mer's  oliice  trequently  represented  to  the  Lortf 
Chancellor  *'  The  hazards  the  suitors  wenb 
from  this  deficiency." 

Yet  the  Earl  boldly  asserts,  that  this  ray 
Master,  "  Mr.  Edwards,  was  under  a  firm  ^- 
suasion  the  whole  would  be  made  good."  We 
shall  convince  your  lordships  be  never  had  tki 
least  prospect,  'the  least  glimpse  of  it ;  asd  I 
am  afraid  the  Earl  and  he  had  just  the  **  sum 
full  and  firm  persuasion  of  the  state  of  lUi 
office." 

The  noble  k>rd  goes  on  :  *'  and  as  no  appli- 
cation was  made  to  him  by  persons  ooncnad 
to  stop  payment."  I  suppose  he  means  befin 
that  remarkable  motion  which  produced  hii 
extraordinary  declaration  in  open  court. 

Perhaps  ihe  learned  lord  will  here  mikt 
another  notable  distinction,  and  explain  by  the 
uonis,  *'  persons  concerned,"  the  '*  suitoif 
only;"  and  have  recourse  to  his  old  sabler- 
fuge,  "  that  it  never  came  judicially  befcie 
him."  We  think,  and  no  douht  your  lonlshipl 
will  think  so  too.  that  '*  Mr.  Eilwanls  was  a  yk- 
son  concerned;"  that  his  pressing  applicatiMi 
ought  to  have  been  sufficient,  and  that  our  evi- 
dence is  not  to  be  defeated  by  so  vieak  an  evi* 
sion. 

But  admitting,  my  lords,  "  that  the  Eid 
had  this  full  persuasion,  and  that  no  applicatioa 
was  made  to  him  to  stop  payment :"  What 
justification  does  be  draw  from  thence?  "  Tbit 
lie  did  not  think  it  a  duty  iucumlient  upon  biiiif 
tx  officio^  to  make  a  declaration  of  an  average." 

How  contradictory,  my  lords,  how  ineoa- 
sisteot  is  this  with  his  Answer  to  tJic  Fifieeotb 
Article!  There  he  pleads  the  case  of  Dr.  Ed- 
disbur}',  and  in  that  case  an  average  was  da* 
dared.  The  precedent  was  followed  to  eooiiH 
rage  contribution,  but  was  laid  asiile  wheo  it 
directed  him  to  secure  the  suitors  their  propor- 
tions. Here  I  can't  help  oiiserving,  that  as  the 
Earl  has,  through  the  whole  series  of  his  ac- 
tions, copied  precedents  from  the  worst  viewii 
so  he  has  now  quoted  them  in  the  most  dind- 
vantageons  manner.  When  his  piiihjiMsnn 
took  small  snms,  he  ventured  by  their  «HV|* 
to  swell  hii  demtnds  lo  ezwbitaiii  pMij  ^ 


for  High  Crimes  and  Mixdemeanori^, 


A.  n*  1725. 


[970 


Ifn  their  pAtlfttift  sUouUl  have  M  liim  to  a 

,  n.,ii!*.M-  '  :^iiiion  in  the  choice  nf 

1  to  ireaii  in  their  loDl* 

,  ihis  (iivceileol  *in!»  g-tMnJ 

I  I  purpose  of  cnncc'ulinj^  a  ileltci* 

,i*L'tl  to  he  so^  when  it  was  to  do 

I  lh«  injured  ituiiors.     He  has  turneil 

oat  nptin  himself,  and  if'  l>r.  Kdilis' 

r<U  liirn  in  one  article,  he  luust  of  iie- 

DuncJ  him  in  aimthi^r. 

1  « hall  next  Ukv  notice  of  in  his  Aq- 

•  li,  **  Thm  he  docs  not  Jtuow  any  orders 

de  hy    hini^  except   in    the   ciise  of 

Thut  cftse  is  atti'-uded  vi  ith  such  cir< 

hccs,  and  may  he  fallowed  hy  iuch  con- 

»» tliat  he  ha^  not  yct^  nor  Vill,  1  dure 

fitti^et  it:    huwercrt   I  presiirae  he 

•>thers,  when  we  produce  his  oiirn 

;  .IS  for  three  several  payments,  ojae 

\}l.  another  of  042L  and  a  third  of  2,000/. 

lis  evidence  alone,  niv  lords,  ivould  siin- 

\  this  Article  ;  but  the  karl  has  ihorougbly 

[irmcd  the  Charge  in  bis  next  sentence. 

believes  orders  have  been  made  by  the 


IS  own  orders  were  criminal^ orders 
1 1  were  innocent,  till  they  received 
fUtiip  of  giiilt,  who  knowing  the  conditioQ 
he  otHcef  conimanded  '*  PHyiucntif  to  lie 
orderji  came  in*"      Tfie  impeached 
were  ttiiv  hiii  only  of!ence»  therefore 
npeucthtii)  commanded  these  puyments. 
Plf  defence  ha  attain  Ikecome  his  acctiKaiion. 
lirom  the  Court  would  have  ended,  had 
Ml  tiie  i>f anter  to  kton  payment ;  hut 
Bid  huve  iJiftcovered  what  he  look  such 
itabte  paioH  to  coooeiil ;  and  from  that 
«Dt  aroHe  the  injuries  to  the  suitors ; 
;  IIms   malignant  ground -work  of  hi» 
\  dcaignB^  and  is  uo^  subject  of  our 

%ky  the  Earl  did  not  mean  here  ob- 

» inginuate,  that  he  had  a  sharer  in  his 
l«d  admin [^(truiion,  or  to  bring  another  great 
ii)tie«t ion  with  hitt:  that  were  not  tor 
C'hHractprs,  my    lordfi   receive 
i  from  their  foils, 

I  have  oficned  to  you,  that  we 

i  iUv  accuMition  contained  in  thp  Ar- 

enforotf  it  from  the  Earl's  An!*wer. 

'  limlihiptt  Hod  we  have  made  good  our 

i^fV  I  auhmit  it  to  your   lordships,  what 

ent  you  wtJI  paaa  upon  such  **  man i feat 

Uul  vioUti^na  of  the  rigbta  of  the  sub* 

r  it  frotn  me  to  add  load  to  the  guilty ; 
it  in  impoAfiihIe.     Crimea  com- 
Ord  Chancellor  are  capable  of  no 
his  station  enhanren  hiif  guilt, 
''are  now  b«T.oiiie  a  parliametitary 
hiry,  at  thi?  (  httnn^llor**  consciooa  heart 
A  ;  and  the  Common*  think 
Mid  rea««»n  why  v'u*'  lord. 
.»»co  the  earl  of  ^f-—  i'-<".^,i.i 
I  hinuelf  with  vaui 
Mastteri,  **  Thai  i...  ,.^^„j 
E  hicu,  hat  ihcui  tauch  mor««" 


The  Common*^  are  sensible,  thai  he  who  hat 
so  long  hecu  a  stranger  to  justice,  will  ui  Isst 
meet  with  it  here  ;  and  thut  your  lordshijta 
providential  wisdom  wdl  never  suffer  such  re* 
proatrhes  to  be  cast  upon  Ibis,  as  have  been  \ 
thrown  out  upoo  another  nation,  '^  That 
judge  is  an  evening  wolf ;  that  justice  standetli 
afar  off,  and  equity  cauuot  enter.'* 

Serj.  Fengtlly,     My  lords,  we  beg  leave  tal 
caII  our  witnesses  in  sup|K»rt  of  these  Articlea*] 
We  desire  Mr.  Conway  may  be  called. 
Mr.  Conway  called  and  sworn. 

Serj.  Pengellj/.  My  lords,  we  l>eg  leave  thai  J 
I\lr.  Conway  may  be  asked,  whether  he  paid  " 
any  money  ni  the  nature  of  a  contribution,  tmd  i 
when  ?  VVe  have  the  receipt  here  (shewing  ii  J 
to  Mr.  Conway.)  J 

Canway.     Aly   lords,  this  is  a  recsipt  given  j 
me  by  Mr.  Edwardi,  Au^aist  ll,  1731,  for  th« 
sum  of  500/.  conUibuLed  by  me.    [Be  reads  J 
the  i^eceipi.] 

August  11.  irti. 
'*  Received  then  of  Master  £dward  Conway^  j 
esq.  the  sum  of  500/.  voluntarily  contrihuletl  j 
by  him  in  aid  of  the  deficiency  of  my  prede« 
cesser,  Fleetwood  Dormer,  esq.  in  the  cash  of  J 
his  oiHce,  which  I  promise  to  repay  in  cas«  [ 
the  same  shall  at  any  time  hereafter  be  other • 
w ise  made  good.  U.  Edwards ,*' 

8erj.  PengttUf.  We  desire  he  may  be  askeil  1 
in  what  manner  he  paid  it,  whether  it  was  out  j 
of  his  own  money  I  or  stop!  out  of  any  other  J 
money  paid  into  Court  ?  J 

Conrmy,    Soon  after,  (wy  lords,)  1  was  ad*^ 
mitted  a'  Master,    Mr.    Dormer's    detituency  < 
broke  out;  and  the  conirihuiion  of  the  Bfastert 
being  then  spoken  of,  I  was  among  the  rest  ap* 
pliecl  to  to  coiilrihuie;    1  was  sworn  in  in  Ja* 
Duary,   17S0,   and  this   receipt  is  in  August,'- 
172 1,  when  Mr,  Edwards  came  home  to  brin^  i 
me  Bomejunior  Masterg^*  ntouey*  which  he  was  | 
to   deliver  to  me,  out  of  which   he  Ktoot  (litt  i 
600/.  upon  account  of  the  contribution  wnich  I  ( 
had  proniihed  to  come  into. 

Sserj.  Peri^diy,  We  betf  leave  that  Mr.  Con-* 
ivny  may  be  ai»ked,  Whether  the  600/.  was 
alluwed  or  detluctcd  at  that  time  out  of  th<3  sui* 
tors'  money  ? 

Conway.  Ves,  my  lords,  it  was  stopi  by  biA  j 
at  that  time.  | 

^rj.  PengcUy.  What  persuasions  were  mad^  i 
use  %*\  to  iuduee  the  Masters  to  conlribule  V9  I 
pi4v  this  money  P 

Conway,  VVhen  the  affair  of  Mr.  Dormer  j 
came  out,  what  I  can  remember  is,  that  letter  < 
that  came  from  him  from  Holland  was  sent  Xik  ^ 
Mr.  Hotfoffl  to  bc^  r«ad  before  the  blasters  in  < 
the  |Mi^  Where  the  Misttts  tpok«  j 

of  wL  ;  pinocr.  I 

Herj.  nuiiiity.    tV  hat  mtimation  was  th«re] 
frotn  Inni,  or  from  any  other  person,  <»f  any  di<* 
.,.,.,;,.,.  t,..T'T -^-  I"  I    ^I'TrcUJslifckl  relating  \m  { 
uatribulioaf 

,        ,,.  i     ;,  ..:v   :grd  IVUoolaifi^M^  !•« 

crctary  was  there  at'Uie  uniie  Mr.  Donuec'a 


971] 


lOGEOHGE  I. 


Trial  of  the  Earl  of  Macdeifiddt 


[078 


letter  was  read.  I  thiok  lie  had  spoken  what 
he  had  principally  to  say  before  he  came  in  ; 
but  I  think  he  said  the  consequence  might  be 
I'atal  to  the  Masters,  if  we  did  not  take  care  of 
this  deficiency. 

Serj.  Proiiyn,  We  would  not  presume  to  in- 
terrupt the  learned  Mauaj^ers ;  uut  I  think  the 
pariicular  time  when  this  was  done,  and  Ibe 
particular  sums  that  ucre  paid  by  each  Master 
ahoulil  he  stated.  I  remember  *^Mr.  Edwards 
was  pleased  to  say,  thelirst  500L  that  was  con- 
tributed was  paid  upon  the  day  he  was  sworn 
in,  which  1  think  was  in  May,  IfSl.  We 
desire  therefore  that  he  would  please  to  express 
the  day  when  every  odier  sum  was  paid  in. 

SoL  Gen,  We  only  desire  this  gentleman  to 
speak  to  his  own  payment. 

Conwau.  The  receipt  is  dated  August  11, 
1721.  Then  Mr.  Edwards  stopt  so  much 
money. 

Serj.  Pengelli^.  We  desire  he  may  be  asked 
how  he  paid  that  money,  whether  vulimtarily, 
or  freely,  or  upon  what  ground? 

Com.  Scjj.  I  beg  |iardon,  but  T  must  beg 
leave  that  the  witness  may  deckire  at  what 
time  this  transaction  was  ? 

Conway.  It  was  the  day  the  receipt  bears 
date,  tlie  transaction '  happened,  August  11, 
1721. 

SoL  Gen,  We  desire  he  may  be  asked,  what 
induced  him  to  pay  in  this  sum  ? 

Conway.  It  was  stopt  as  a  contribution  to- 
wards making  up  Mr.  Dormer's  deficiency. 

Seij.  TToby%,  My  lords,  we  desire  that  this 
witness  may  be  asked.  Whether  there  was 
any  prccetlmg  promise  or  agi-eement  to  pay 
this  money  ? 

Comcay.    My  receipt  mentions  a  promise. 

Serj.  Prohyn,  Then  I  desire  to  know  how 
long  beibre  this  promise  was  made  ? 

Conway,  Soon  after  the  defiicency  was 
apoken  of  in  Mr.  Dormer's  ofllce,  in  February, 
1720,  about  three  weeks  afier  I  was  admitted. 

Mr.  Edwards  called. 

Seij.  Pengeliy.  My  lords,  we  only  call  Mr. 
Edwards  to  ascertain  the  time  when  ne  receiv- 
ed the  money  of  Mr.  Conway  (or  his  contribu- 
tion. 

Edwards.  My  lords,  according  as  I  have 
taken  it  out  of  my  hook,  it  was  the  llth  of 
AuGfust,  1721. 

Serj.  Pcngclly,  Now,  my  lords,  we  shall 
shew  tlie  manner  how  this  payment  was  made. 

Then  Mr.  Lightboun  was  called,  and  ap- 
peared. 

Mr.  Phtmmer,  I  desire  BTr.  Lightboun  may 
be  asked,  if  he  was  ever  pressed  to  pay  500f. 
by  whom,  and  for  what  ? 

Lightboun,  Not  long  aAer  Air.  Dormer's 
failure,  Mr.  Cottingham 

C<m,  Serf.  My  lords,  I  hope  Mr.  Lightboim 
thali  mention  the  time  as  he  goes  along. 

Lightboun,  Not  long  after  the  failure  of  Mr. 
Dormer,  I  met  Mr.  Cottingham  by  accident  at 
mj  Lonl  Chaacellor't.rooui  at  WeBtminster, 


and  he  asked  me,  whether  there  bad  km  men- 
tioned to  me  a  proposal  of  paying  or  advaneiog 
500/.  a  piece  towards  making  op  the  daftriiiify 
of  Mr.  Dormer's  office,  for  carry iog  oK  the  ba- 
smess  there ?  I  said  1  had  licard  it ;  he  smI'iI 
was  proposed  that  it  alioold  be  immedialfllf 
raiseu,  that  the  business  of  the  oflke  nigkt  be 
carried  on,  till  31r.  Dormer's  efiecta  ceoU  be 
disposed  of  and  sold ;  and  soooe  intUMtiea  m 
given,  that  possibly  we  might  hafe  our  Bwmjp 
again  as  Dormer's  eflfects  carae  in.  I  km 
heard  such  a  thing  talked  of,  says  1,  but  I  vil 
never  come  into  it ;  I  thought  it  attended  mik 
dangerous  circumstances,  and  a  dangerous  p«- 
cedeut,  and  thereibre  I  waa  resolved  1  mU 
not  contribute. 

Mr.  Plununcr,  Can  you  recollect  what  poi 
afterwards? 

Lif^kibaun,  He  said  all  the  rest  wooU.  i 
said  I  would  not ;  and  I  continued  the  on 
resolution  when  I  talked  with  the  MailKi 
about  it. 

Mr.  Plummer.  I  desire  he  may  be  aiUl,if 
my  lord  Macclesfield  ever  pressed  him  tofif 
this  money,  and  when  ? 

Lightboun,  It  was  often  mentioned  to  aslf 
the  Masters,  why  I  did  ootcoiitribataailM 
others  did,  and  1  was  made  nota  littknncMjIl 
not  having  done  it.  I  think,  in  the  begimnr fl 
the  Slimmer,  ir22,  as  near  as  I  caBrewoiHr- 
the  Ume,  my  Lord  Chancellor  oomiiiff  m^' 
Court  at  his  own  house,  (where  1  hadtbcki- 
nour  to  have  been  sitting  with  him)  said,  Ir. 
Lightboun,  1  would  8)>eek  with  you.  I  follawd 
bis  lordship  into  his  house  up  into  his  Mif^ 
where  my  lord  was  pleased  to  say.  Mr.  \M^ 
boun,  I  am  very  sorry  to  hear  ibaft  yon  MM 
not  contributed  your  600/.  towards  making* 
Mr.  Dormer's  deficiency ;  for,  says  k^  H 
must  be  considered,  that  it  will  be  atteaM 
with  ill  consequences,  if  that  noatter  is  iM 
taken  care  of.  I  asked  him,  Waa  it  year  tori* 
ship's  proposal  ?  He  said  it  came  fron  Iki 
two  senior  Masters,  but  he  approved  of  it  I 
answered.  That  if  it  had  come  from  his  \iuM^ 
it  might  have  had  a  difierent  consideraiioB,  W 
as  it  was  theirs,  and  to  serve  their  own 


I  hoped  his  lordship  would  not  insist  updo  af 
coming  into  it.  The  two  senior  Blaslcn  W 
been  long  in  their  offices,  were  grown  in  yoMlf 
and  were  willing  to  get  oat,  ud  aell  at  M 
prices ;  one  of  them  had  slipt  out,  and  w 
other  was  about  it :  that  1  was  but  lately  cflii  . 
into  the  office,  and  intended  to  continue  is  ^ 
and  said,  I  will  not  concern  myself  m  ikk 
affair,  unless  the  office  can  be  put  upon  Mck 
a  foot  that  the  suitors  may  bo  made  safe  mI 
easy. 

I^rj.  Pens^elly.  My  lords,  I  deaow  he  n^ 
be  asked,  Whctlicr  at  this  time  my  lord  Ifi^ 
cleaficld  made  use  of  any  reasons,  aiguui^ 
or  promises  towards  prevailing  upon  hiia  ^ 
pay  this  money  ? 

liightboun.    I  can*t  aay  wj  lord  pMflii  , 
me ;   he  left  me  to  my  mmi  ipdinatiwi  krt 
advised  me  to  pay  it,  aiid  not  to  staad  aals-  ^ 
do  as  the  rest  did|  aad  not  la  itMid  ataM  i»fc 


W] 


Jar  High  Crimes  and  Mi.idemeanort. 


A.  n.  1725. 


[974 


8erj.  JPengflfy.  Whether  did  he  ineDtinii  of 
rhat  coDsequeiice  or  advantajfe  it  would  be  to 
%e  Masters  ? 

Lighthfjun.  His  lordship  said,  if  there  were 
OC  some  measures  taken  it  miglit  lie  of  ill  coii- 
equence,  and  that  this  was  tlie  only  exoedient 
«  tbouffht  of.  J  told  hid  lordship  I  thought 
liere  were  many  others,  but  this  was  oiip  1 
rouid  not  come  into ;  but  that  it  was  not  for 
ie  to  presume  to  dictate  to  his  lordship,  J 
liou^ht  it  did  not  become  me. 

8eri.  Fengelly.  My  lords,  I  desire  he  may 
e  asked,  if  ulter  these  discoum^Temeiits  my 
MPd  Macclesfield  did  not  agaiu  demand  money 
if  him,  and  when? 

Light Inmn.  My  toids,  in  the  year  1724, 
(boot  the  latter  end  of  July,  I  met  Mr.  Cot- 
ioKbam  by  accident  at  the  tavern.  He  came 
k  and  desired  me  to  ^  into  a  room,  for  he  bad 
nnethinj;?  to  say  to  uic.  He  told  me,  that  my 
•rd  Macclesfield  had  sent  him  to  tell  nie,  that 
M  wondered  that  I  had  not  paid  my  500/. ; 
hat  there  was  1,000/.  to  be  paid  to  Mrs. 
%lty,  or  to  Mr.  I^ckman,  that  must  be  im- 
Mdiately  paid  ;  that  my  lord  had  been  applied 
Ditnd  much  pressed,  and  it  must  be  forthwith 
■M,  and  he  expected  that  I  would  advance  the 
i€0/.  and  the  rest  of  the  Blasters  60/.  a-picce, 
Web  would  make  up  the  sum.  I  said  to  Mr. 
Mlm^ham,  I  cannot  think  my  lord  Maccles- 
kdd  would  send  you  on  such  an  errand  to  me ; 
''  Md  my  Ion  I  formerly  1  would^  not  pay  it, 
^  wts  with  his  lordship  this  morning  and  he 
■id  nothing  of  it,  and  shall  have  the  honour  of 
^ailHicr  upon  him  in  a  day  or  two,  and  if  he 
ben  t6ink  fit  to  talk  to  me  about  it  I  shdl  give 
in  a  proper  answer;  but  I  don't  care  to  send 
iy  Bicssagesto  him  by  you,  because  messages 
^B  liable  to  be  mistaken  and  misrepresented, 
■d  I  will  give  mv  answer  myself.  Upon  that 
tr.  Cottinghnm  {)ev:an  to  be  angry  at  m}'  dis- 
(Viling  him,  and  thinking  that  he  came  of  bis 
^  ftcconi,  and  averred  to  nic  that  he  came 
'tlh  my  Lord  Chancellor's  privity,  I  repcared 
^fltme  answer  nsrain  to  him,  that  1  would 
kv  my  own  answer  to  his  lordship,  and  would 
j^vn  noH'^  b^  him.  In  a  day  or  two  afler 
■ere  was  an  mtimation  given,  that  my  Lonl 
^•ocellor  expected  all  the  Masters  to  attend 
ha  at  six  o'clock  in  the  evening :  we  imagined 
W  h  was  a  call  upon  the  other  Musters  for 
feM  money,  and  for  my  500/.  They  had  all 
^laivd  to  me  they  would  never  contribute  any 
■ing  more,  and  therefore  1  desired  them  that. 
■  case  that  were  the  business,  they  i^outd 
ggjy  declare  their  thoughts  before  my  lord 
I^MBlf.  1  believe  it  was  the  senior  Master  I 
I  to  do  it,  sflvin^^  to  him,  It  best  becomeji 
stht  answer.  Mays  he,  If  the  tjues- 
;,  I  shall  propose  that  we  may  have 

^ ^consider  nf  it.     I  desired  he  would  not 

ilthaty  it  would  enrourage  my  lord,  and  he 
^gtittfiiok  that  if  lie  iuiportunetl  it  farther  we 
^liM  oonply ,  and  f<>r  my  part  I  am  determined 
MiotiD  it ;  so  we  went  on  to  my  lord,  and 
^WM carried  up  stairs;  when  we  rame  there, 
•ytod  laid,  There  h.ttli  been  an  application 


PiNedtodo 
|i«  te  ffive  t 
^  be  put, 
^he  to  oonsi 


made  to  rot  on  behalf  of  Mrs.  Chitty  or  Mr. 
LfK*kuian,  I  think  he  wus  the  perhon  expressly 
named,  and  that  he  had  Iteen  much  probsed  by 
persons  of  distinction ;  and  then  he  turned  to 
me,  and  said  Mr,  Lightboun,  I  am  extremely 
surprized  you  have  not  naid  the  500/.  as  thw 
rest  have  done.  A  Her  he  had  used  a  good 
many  persuasions  and  arguments,  I  tokl  hiil 
lordship  it  was  with  great  concern  that  I  refused 
to  do  any  tiling  that  his  loidship  could  desirs 
of  me ;  but  this  was  a  thing  of  such  a  dungeroua 
consequence,  that  I  would  not  contribute  one 
farthing,  and  that  I  had  givm  his  lordship  my 
reasons  before ;  if  he  would  hear  them  agatn^ 
I  would  repeat  them  again  ;  but  this  one  was 
of  most  iveight  with  me,  that  it  might  be  a 
precedent,  and  looked  upon  as  an  luidcrtakiug 
for  one  another,  if  ever  there  should  be  a  na- 
tional enquiry  into  these  matters ;  xxad  that  I 
would  be  answerable  only  for  my  own  debts ; 
that  as  I  had  not  contributed  towards  the  mis- 
fortunes of  others,  I  would  not  contribute 
towards  payment  of  their  debts;  that  I  did 
not  know  but  the  paying  contributions  to 
make  {rood  the  demands  on  other  offices  might 
make  deficiencies  in  our  own  ;  I  had  alwava 
refused  it,  and  never  repented  it,  and  I  had  the 
pleasure  of  hearing  every  Master  repent  the 
doing  it.  I  called  upon  the  rest  of  the  Mastera 
to  deal  ingenuously  with  my  lord,  to  tell  hiui 
what  they  had  said  when  tliey  had  talked  over 
the  niaUer  among  theoosclves,  that  they  would 
not  contiibute  any  more ;  upon  that  Mr.  ilol- 
ford  got  up  and  said.  He  would  never  do  it. 
Then  my  lord  said,  he  either  would  pay  it  him- 
tclf,  or  take  care  it  should  be  paid. 

Mr.  Flummcr,  1  desire  he  may  be  asked,  if 
my  lord  Macclesfidd  used  any  insinuations 
with  respect  to  the  parliament? 

lAghilHmn.  I  forgot  that  my  lord  Maccles- 
field was  pleased  to  say,  tiiat  the  consequences 
of  not  contributing  to  raise  a  sum  of  money  to 
pay  the  debt  of  Mr.  Dormer,  might  be,  that 
the  money  and  securities  would  lie  taken  out  of 
our  hands.  1  told  him  I  was  ready  to  deliver 
both  the  money  and  securities  the  next  day,  if 
bis  lordship  made  the  pro|)er  orders,  and  1  was 
properly  indemnified.  I  think  his  lordship  said 
fiuther,  this  may  produce  a  parliamentary 
enquiry,  and  should  it  be  resolved  that  purchas- 
ing a  Master's  place  is  contrary  to  the  statute 
of  the  fiflh  and  sixth  of  Edward  6,  you  might 
lose  yuiir  places ;  to  that  1  replied,  1  would 
quit  my  office  rather  than  hold  it  upou  those 
teruH  of  paying  other  Masters*  debts.  He 
went  on  further  almut  a  parliamentary  enquiry  ; 
I  said,  let  the  consequence  lie  what  it  will,  i 
would  not  pay  it.  IMien  I  called  upon  the  other 
Masters,  who  said  they  would  not  pay  il. 

Serj.  Probyn.  5Iy  lords,  as  to  the  pacing  of 
the  1*000/.  to  Mrs.  Chitty  or  "SU.  Lockmau,  I 
desire  Mr.  Lightboun  may  bo  asked,  whether 
the  late  Lord  Chancel Inr  was  pleased  to  say, 
that  he  had  or  M'ould  take  c»re  to  pay  tfic 
1,000/.  himself;  or  what  the  particular  ex- 
n revision  was  that  he  then  made  use  of,  that  ha 
had  taken  care,  or  would  take  care  ? 


J]  10  GEORGE  I.  Trial  of  t/ie  Earl  of  Maccleffmldt 


t978 


Lightbtmn.  I  canH  remernber»  at  Uiis  dis- 
'"iMCfc  oriifne,  whether  he  «aid  he  hsil,  or  would 
take  care  to  pay  it.  There  m  so  little  ditferencc, 
tbiit  1  cannot  any  which.  J  do  not  prt^tend  to 
say  those  were  the  very  expressioni  my  lord 
used  to  itie,  or  I  to  hint.  1  speak  as  to  Uie 
nor  or  purport  of  our  con  vernation ,  i  would 
either  aggravbte  nor  soften  matters* 

B&t\*  Pengelii/,  The  next  witness  we  call  is 
Ir.  HoifonT,  who  was  present  at  this  conver- 
ation. 

Mr.  Holford  sworn* 

Serj.  Penedly.  We  desire  Mr.  Holford,  may 
be  asked  I  wTietlier  he  was  present  ut  this  time, 
W  ti  mentioned j  when  the  M maters  were  re- 
quired b V  the  earl  of  Muccleslleld  to  raise  this 
1,000/.  ior  Mrs.  Chitty  or  Mr.  Lockmau  ? 
Hoiford,  My  lords,  I  was  present  at  that 
etiti^*  It  was  desired,  as  1  apprehended, 
hy  my  lord  Maecles&eld,  for  us  to  attend  him 
atfiijc  o'clock.  When  we  came  up  there,  I 
think,  the  6rst  thinrr  that  my  lord  Macclesticlit 
aaid  was,  he  asked  Mr.  Li»fhlbouu  why  he 
would  not  pay  bis  500/.  as  others  had  tfcnc? 
Mr.  Lirrhtbouu  did  g'ive  this  aors^wer:  Th»t  tie 
had  to  id  hint  several  times  before,  that  he  would 
not  do  it ;  he  had  g^iven  his  reasons,  and  it 
was  in  vain  to  repeat  those  reasons  a^uio,  he 
i^lf as  of  llie  same  mind  siiH.  Mv  lord  then 
poke  of  a  demand  there  was  of  1,000/.  on 
lr#  Dorraer^s  office  for  otte  Mrs.  Chitty  and 
^Ir.  Locknmn;  and  I  apprehended  my  lord 
inenticmeil  it  as  if  he  Intetided  that  the  Masters 
ahould  contribute  towards  making  it  up  ;  but 
he  arter  said  h«  would  take  care  of  it.  After 
that  my  lord  did  not  mention  the  1,000/,  but, 
in  gcneml,  spoke  of  the  deficit* ncy  in  Mr* 
Dormer's  office,  and  it  ought  to  be  made  up  ; 
and  lie  proposed,  as  I  did  apprehend,  that  Ihe 
Masters  should  make  it  up.  Mr.  Lightboun 
did  rait  upon  me  to  declare ;  upon  that  I  told 
my  lord  it  was  very  iin advisable  to  contribute 
towards  A  deficiency  which  nobmly  knew  what 
It  waa;  and  the  doin<^  so  would  only  be  ruiuin^ 
one's  selfy  for  fear  of  being  uodone  ;  and,  for 
my  part,  I  was  unwillio]^  to  do  it ;  any  body 
else  might  do  as  they  though  I  Ut, 

Mr.  Piummer.  in  what  manner  did  my  lord 
^address  himself  to  Mr.  LighibounF  Did  he  do 
"t  in  gentle  terms,  or  how  ? 

Holford,  lie  Sjioke  jiretty  sharply  to  htm> 
Serj.  PengeUy,  What  was  said  by  the  earl 
MacclestieUl,  to  persuade  the  Masters   to 
Cvme  into  this  contnbution  ? 
Jfal/ord,    31  y  lord  said  it  Was  a  grievous 
thing  there  had  not  been  that  due  cart^  taken 
there  ontfhl  to    have  been;    that  those  who 
came  1ir$t  bad  all  their  money,  and  those  that 
crime  at\er  would  have  noue;    which  would 
|Duke  a  great  clamour  upon  the  Masters. 
Serj,  Ptngelty.  What  was  siud  upon  that? 
Hofford,     I  donH  remember   what  in  par- 
Mcular. 
r^'   Serj,  Ptngelly.  What  was  said  as  to  a  par- 


Holford,  I  rememher  my  lor«l  dul  lay,  it 
migltt  perhaps  occasion  a  'fKAHiaioeolarr  eo« 
cjuirv.  8oppo<^e^  said  he,  the  ^Hiaiueiu  Miaubl 
resolve,  that  the  office  iti  a  ntttsn-r  Ta  Chin. 
eery  i^  a  place  relaiiug  to   ihe  *  i 

ju4ice,  and  resoWe  lliai  every  Wm  i^ 

pun:ha«ed  those  offices  is  within  lUeiitstiiieoC 
the  Ath  and  6th  of  Edward  6.  It  may  afet 
me  in  ^ome  degree,  in  Ihe  loss  of  the  diiip»i> 
tion  of  the  offices;  but  it  will  affect  youia 
ilie  loss  of  the  places  themselfes. 

Serj.  PtngtUy,    Whether  any   persoo  tlui 
asked  my  lord,  in  what  manaor  it  might  a 
before  the  parliament  ? 

Holford,    1  asked  my  lord  myself^  and  \ 
it  wouhl  he  a  favour  ii'  he  would  give  us  | 
opinion,  in  what  manner  it  might  couie  I 
the  parliament,  and  in  what  way?    Hei 
it  might  come  in  by  the  committee  t<^ 
of  justice,  appointed  by  the  lluiis< 
mons  at  the  beginning  of  every  s«« 
when  I  came  out  of  the  room,  I  swiS,  tl  irfi 
more  likely  to  come  by  way  of  omphijxit  \km 
that  way. 

Serj.  Pfn^tUy,   t  desire  Ue  may  he  a 
whether,  at  thin  time,  the  MostcrH  agreed^ 
come  to  a  contribution  to  (>ay  ibis  l,O00t  ( 
what  wasfsaid  about  it? 

Haljnrd,  It  was  thsagreed  to ;  ami  wk 
was  so,  my  lord  did  say,  thai  he  hiiii««lf  i 
pay  the  1*,000/. 

Serj.  Pcngelh/.   We  leave  that  la  a  cirt 
stance  of  my  lord^s  eudeavuuriug  to  pre 
parliamentary  enquiry. 

8eij.  Probf/n.  BIy  lords,  we  desire  ] 
ford  may  be  atiked,  whether  he  can  be| 
as  k>  the  time  of  this  meeting  ? 

Holford,  I  believe  it  was  in  July  or  Ao 
1724. 

Serj.  ProJ^^i».  You  cauH  be  |>osiiiTe. 

Holford,  No ;  t  cannot  be  positive. 

Serj.  Probyn,   Whether  was  there,  at 
tlme^  any  proposal  made  lo  raise  tnoo. 
any  annual  sum  or  payment  out  of  the  i 
towards  paying  the  deficiencies  by  degit 

Holjord,  I  do  not  remember  any  such  thti 

Siirj  Prohyn,  W*as  such  a  proposal  i 
any  otiter  time? 

Hrdford,  I  don*t  remember  thai  it  was  < 
proposed    by   my  lord.     I   have   beard 
amon^  the  blasters  of  a  great  niany  ach 
and   proposals ;  but  they  never  did 
any  one  thing. 

Serj,  Prcbj/n,    I  destre  he  m;iy  refrcsli  Itfl 
memory,  and  that  he  may  infunn  yoap 
ships  if  there  was  not  a  pro|i08ai  |]uuJ« 
tJtey  might  be  maintained  iu   tbetr  ofl 
they  then  were,  they  would  not  then 
that  a  conlribution  should  be  raiaed  among 
Musters, 

Holford.  No,  I  don't  remember  that ;  II 
lieve  It  was  menfiuned,  that  su^^ 
Masters  miifht  be  continued  on  r 
were,  whether  they  would  not  llnnk  n  v»rirtl| 
their  while  to  do  it  ?  I  saul  it  wa^a  matter  ft 
to  be  couiiidered,  and  1  did  not  know  boi  it 
mi^ht ;  but  there  was  ao  method  [iro^oieil  tiol 


ftn] 


Jnr  High  Crimes  and  MUdemeattors. 


MiatseemiHl  <l»ff)cult  •,  and  I  don'l  Femember 
If} at  liny  thing  was  agreetl  t*>. 

i^if,  5rrf/«wf»,  1  desire  h>^  rn«5'  be  askecl, 
whether,  after  they  hati  contri bated  the  500/. 
^•pj»-ce»  their  nmompts  were  called  for  by  my 
lord  Maccles field  in  the  manner  tbey  were 
called  Ihr  before? 

Ho! ford.  I  don*t  know  but  they  rati^bt  The 

inner  of  calling*   for    those  acconipts  >ras 

iw;  there  was  a  writing  left  in  the  public 

ice,  in  »  hich  there  wat  a  great  many  items 

what  method    thoae  accompts  iihouhl   be 

ught  in.     1  had  prepared  mine,  and  waited 

they  shouUI   be  called  for,  but  Ihey  were 

caileil  for  nrr  demanded  ;  so  !  Inid  mine  by* 

'Com.  Scrj,   i  desire  he  may  be  a^ked,  whe- 

this  discourse,  in  relation  to  the  raising  of 

ney,  was  to  pay  off  the  whole  deficiency, 

confined  to  pay  off  this  demand  of  1,000/. 

Holf'ird.    I  don't  remember  any  proposal, 

only  a  discourse  that  was  started.     1  did 

apprehend  ibe  whole  deficiency  wa«  in* 

'ed  to  be  paid  ;  for  I  never  knew  any  body 

t  coiiM  tell  what  the  whole  deficiency  was, 

of  late, 

dm.  Str).    I  desire  to  know,  whether  be 
!aka  this  from  hia  memory? 
Hot  ford.  I  can  speak  from  nothing  but  my 
inory. 

"       Scrj,  I  desire  that  he  will  inform  your 

lips,  whetijcr  he  doth  not  remember,  that 

fdrember  la?it  there  was  a  signilicati'ni  to 

Miister'^^  and  to  hrm  in  particular » to  bring 

tlieir  accomj'ls  ?—UofJord,  Yes,  my  lotda. 

Com.  Serf,   if  there  Was  »iich  an*  intimation 

November  last,  to  deliver  in  their  acconipts, 

comes  it  that  ^ou  say  you  have  them  by 

atilt  ? 

Holf^rd.    This  h  a  mistake ;    you  misap- 

:bend  me.    The  accompt,  that  I  mentioned 

wfti  what  \%m  immediately  called  for 

the  failure  of  1^1  r  Dormer;  but  the  ac- 

in  November  last  was  what  was  called 

y    the  judg-es,  and  dthvered  in  to  tlie 

tmcil, 

E,  wf  Macclesfield.     My  lords,   I  desire  to 

low  whether  Mt.  llolforilcan  remembur  what 

particular  directions  m  to  those  aecsompts 

and  whether  the  accompls  he  prepared 

e  drawn  up  according  to  those  directions? 

^  Half  or  d,    Thoic  directions  were  many;  in 

iwiog-  up  my  accompt,   I  did  not  draw  it  up 

actly  according  to  those  directions  ;  but  I 

iw  fhetn  up  to  shew  the  balance  of  cash  and 

buHties  in  my  hands. 

["E^  of  MaccUifield.  I  would  desire  to  know, 
bether  they  were  not  the  like  directions  as  in 
ovember  last,  and  whether  the  Masters  did 
not  think  it  im practicable  to  draw  it  up  ac- 
cord incfly  ? 

Hofford.  Yes,  my  Tords,  they  did ;  they 
gipu^ht  it  difficult;  I  thought  it  was  nut 
^ncticabfe  without  a  great  desJ  of  trouble. 
^ Wit  George  Oienden,  1  desire  to  know  whe- 
ther it  was  required  by  my  Lord  Chancellor 
lo  look  into  Dormer*s  deticiencyf  to  sec  what 
Ifir  true  state  of  it  was  at  that  time  ? 
VOL.  XVI. 


A.  0.  1725.  [978 

Hidfard,  All  1  heard  of  it  was :  I  heard  that 
my  lord  had  ordered  Mr.  Edwards  to  deliver 
in  an  nrcoinpi  of  ^Ir.  Dormer's  office  to  me 
and  Mr.  Betinet:  he  did  deliver  oue;  but  it 
was  au  accompt  done  in  hastC)  and  did  not 
shew  what  the  deficiency  was*  For  some  of 
tiie  payments  said  to  be  mode,  no  proper 
vouchers  were  produced  ;  there  were  mistakes, 
and  it  was  not  a  proper  accompt ;  and  without 
exarainino^  it  we  coutd  not  depend  on  it. 

8erj*  Pcfigell^,  He  mentions,  that  at  tbti 
meetiticf  it  was  said,  supposing  the  Masteti 
mrght  W  continued  on  the  same  foot  tbey  then 
stood,  ^c.  I  desire  Mr*  Uolfurd  may  explain 
what  he  meant  by  the  foot  they  then  stood  on  ? 
What  liberties  and  privileges  were  meant  by 
that  e.vnre^sion  ? 

/loijord.  I  understood  it  was  their  con- 
tinning  in  the  possession  of  the  money. 

Serj,  Pengeu]/.  Whether  that  was  to  lock 
the  money  up  in  a  cabinet,  or  to  have  power 
of  the  money  to  make  use  of  it? 

Holford.  For  my  own  part,  1  should  not 
hare  locked  it  up. 

Mr.  Lutwvche.  1  woabi  bef  leave  to  adc 
him,  as  he  bath  mentioned  the  calling-  for  the 
accompls,  whether  he  delivered  any  accompt 
to  the  earl  of  Macclesfield,  till  the  order  made 
by  the  council  ? 

Ho/ford.  My  lords,  I  did  deliver  an  accompt 
to  my  lord  Mtidclesfield,  or  to  Mr.  Cotting* 
ham,  of  my  money,  but  not  of  the  securities. 

8erj.  Pcngelly*  We  desire  Mr.  Edwardv 
may  be  callsd  again.  J  Accordingly  Mr,  Ed* 
wards  was  called,  and  appeared,] 

Seri.  Pens.cU}f,  My  lords^  we  beg  leave  thai 
Mr,  Edwards  may  ijive  your  lordships  an  ac- 
count (bccsuse  be  was  immediately  concernod 
iu  a  demand  made  upon  this  ofBce)  what  ap« 
plication  was  made  to  him  for  this  Mrs.Cbitty** 
money  ?  And  what  application  he  made  to  the 
earl  of  Macclesfield  m\  that  occasion  P 

Edicards,  My  lords,  there  was  an  order 
brought  to  me,  that  was  made  by  my  lord 
Macclesfield,  for  the  payment  of  1,000/.  to 
Mrs.  Chitty.  I  told  the  party,  !  had  not 
money  in  my  hands  of  Mr.  Dormer *s  suffi<* 
cieut  to  ai>6vver  the  demand  upon  the  office.  I 
then  went  to  my  lord  Macclesfield.  I  told  hifa 
{1  had  been  forced  to  trouble  him  pretty  often 
upon  that  occasion),  that  it  gave  me  a  great 
deal  of  uneasiness  that  there  was  no  fund  in 
my  hands  to  answer  those  demands  thut  were 
upon  my  office.  I  hoped  his  lordship  would 
take  care  that  there  should  be  a  supply,  or  that 
he  would  not  be  pleased  to  make  orders  upon 
me  for  the  payment  of  money, 

Serj.  Pengelljf.  Give  an  account  of  tli« 
whole  that  passed,  the  whole  conversation.      * 

Edwards.  My  lord  Macclesfield,  in  answer 
to  that  said  (at  least,  it  was  what  1  understood 
by  his  answer),  that  if  the  people  would  but 
have  a  little  patioice,  he  was  doing  erery 
thing  necessary,  and  making  proper  regulation! 
tor  that  purpose. 

Heij.  Pengetly.  I  desire  he  may  be  asked., 
whether  my  V^ttl  IhliictVt^^^X^  *X  >2a^\  v«ftft*a.* 

3U 


979] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdesfddt 


\m 


I 


rected  bim  to  proceeil  to  make  any  farther  |iay- 
meiiis^  %>r  euctfuragreil  hiin  to  go  ou  to  iiiuke 
II V  men  IS? 

8erj.  Probyn,  Mj  lords,  we  tppreliend  that 
biR  is  too  (trading'  %  questioB. 

Serj.  Pcn^eiltf,  What  directiaos  be  hud,  iu 
raeral  ? 

Mdwards.  My  lords,  I  bad  no  directions  that 

remember. 

Sen.  Pcngdbf^  1  desire  he  may  acquaint 
r^oiir  lordships^  whether  he  said  any  thin^  re- 
LJaiin^'  to  the  stale  and  ciiudition  of  llie  suitors 
Df  the  Court? 

Edz£i:rih.  S«rera!  limes  that  I  had  the  ho- 
bour  to  u ait  on  itiy  lord  Macclesfield,  I  tuM 
bim  there  ^vns  Hke'to  be  m  i^reat  deficiency  in 
Ir.  D<i»rner*s  effects  :  all  that  had  been  raised 
Fout  of  Dormer*s  etfecls  was  exfiaustcd  aad 
l^one,  and  ttiere  were  a  threat  many  di^mands  ; 
and  I  Imped  provtsion  would  he  made  to  an- 
•wer  tbeni :  it  was  not  for  me  to  do  it  else  ;  and 
I  hoped  (t  was  not  e^cpected  that  I  should. 

Serj,  Peng c lit/.  Was  any  thing  represented 
at  that  time,  oincerQin^  paying  some  of  the 
•urtors  of  the  Court,  and  not  others  ? 

Kdwcirds,  About  that  time,  or  rather  since, 
as  \  remember,  1  told  my  lord  IVIacclcsfield 
that  1  saw  the  Masters  were  determined  not  to 
make  any  farther  contributions ;  and  if  that 
^ere  to  be  tbe  case,  and  that  there  was  to  be  no 
farther  supply  of  money,  it  would  be  very  hard 
for  some  to  have  all  their  money,  and  others 
none  at  all.  My  Lord  Chancellor  said,  I  do 
Dot  know  what  to  say  to  it  ;  1  think  it  is  very 
bard  it  shonld  be  so  ^  I  will  take  all  the  care  1 
can,  and  hope  to  make  every  body  easy. 

Mr.  Luiwifcht.     Mv  lorJ^,  I  desire  he  may 

lie  asked,  whether  he  dud  not  paid  all  the  mo- 

ey ,  or  near  all,  when  this  discourse  happened? 

Eduords.  Ye«,  my  lords. 

Mr.  Lutwyche*  1  desire  he  may  be  asked, 
fhether  he  was  present  at  the  meeting  ol  the 
tasters,  wheD  this  1,000/.  was  insisted  upon, 
nd  on  what  occasion  it  was  P 

Edwards,  It  was  trpou  a  Kummons  that  all 
the  Masters  should  attenil  his  lordship  ;  I  am 
not  sure  as  to  the  dny  ;  1  ihink  it  was  the  latter 
end  of  July  r  we  waited  upon  his  lordship  about 
•ix  o*clock  in  the  evening,  and  my  lord  Dieti- 
iioned  it  to  Mr.  Li^htboun,  that  he  was  siir* 
prized  that  be  had  not  contnhnted  his  500^.  he 
vondered  that  he  should  be  so  backward  in  do- 
ing what  others  thought  right  to  do,  and  that 
there  woji  occasion  at  that  tiuie  for  the  py- 
ment  of  1,000/.  he  meutionf^d,  either  to  Mrs, 
Chilly  or  Mr.  Lockman.  Mr.  Lighlbooti  told 
liim,  that  he  difl  not  expect  to  he  asked  again 
upon  this  subject,  he  had  so  often  told  his  lord- 
8hi[i  he  would  not  contribute  ;  other  people 
tDight  do  what  1 1  ley  pleased,  but  as  for  his  part 
lie  was  deteruiiuerl  not  to  do  it. 

Mr.  Xufaj^tAt'.  We  desirt;  to  know  what 
passed,  and  what  was  naid  by  the  Eurl  at  thut 
meeting  ? 

Eduardd,  When  this  was  refi»sed  by 
IHr.  Lightboun,  there  was  «  discourse  tu  the 
eompfioyt  (litit  if  the  rest  of  the  Musters  would 


\ 


advance  ^OL  a* piece,  ami  Mr.  UghtWfi  bit 
500/,  it  would  make  up  the  sum.  The  MMUft, 
most  of  them,  upoke  their  rnind,  aod  sl)€v»fd 
an  unwillingness  to  contribute  any  more.  Uy 
lord  Macclestteld  was  pleased  to  say,  this  it  a 
thing  of  conseijuence,  a  matter  that  ought  tobe 
considere<l ;  here  is  a  very  pre«sinf?  oocaii«fi 
for  a  sum  of  money  to  be  immediatery  paid^  if 
oot  paid,  1  don^t  know  what  the  ooii9ei|tMeMe 
may  be :  clamours  begin  to  grow  pr^rltj  i 
I  don't  know  but  it  may  occasion  a  parii 
tary  enquiry  ;  or  to  that  effect. 

Sir.  Lutwychc,     1  desire  he  may   h% 
whether  there  %va^  any  further  discaurw 
the  parliament  might  do. 

Edwards  My  lord  Slacolesliehl  was  pletvl 
to  Bay  farther,  I  don't  kno\v,  if  ibitf  m 
comes  into  ilie  consideration  of  parliameotv 
far  it  may  affect  your  oltices,  the  sal<!  of 
is  against  an  act  of  parliament :  supp 
should  be  resolved  by  the  House,  that 
places,  being  Imti^^ht  contrary  totUc  actof  |Mr* 
Jiament,  are  iorfeiled,  1  con't  say  bov^  far  it 
may  affect  me  in  some  measure,  Uut  it  willif- 
feci  you  much  more. 

Serj.  PcngeUtf,  These  are  the  rery 
the  Article,  and  we4»sy  rely  U|H>n  the  opii 
of  the  Earl  himself,  when  he  was  mtbe 
sion  of  that  great  office  ? 

K.  of  Maccieifttld,  My  lords,  I  desire Hf. 
Edwards  ma^  be  asked,  whether  the  sutysci 
matter  of  this  discourse  was  the  payment  ^ 
this  1,000/.  or  making  good  the  whole  of  Dw^ 
mer^s  deticieucy  ? 

Edaardf,    I  umderstoiMl  tUa^  otily  si 
be  this  1,000/. 

E.  of  MaccJfjificfd.  Yoii  uttderstood  it  s^f 

EdiLarJi,  And  the  reason  why  1  underitiM 
it  so,  wasy  becanae  if  Mr.  Light  bona  woai 
have  been  nleased  to  have  paid  his  500t  uA 
the  other  Masters  50/.  a-piecCi  it  would  kiff 
made  it^t  ihc  sum. 

E.  of  MiiccUiJicld,  Was  the  nropoisal  of  paj 
ing  5U/>  a*  piece,  after  Mr.  LigUtboun  bfiu  a 
fuse<i  the  paymtMU  of  500/.  i* 

Edu'itrdi.  I  hthcve  tt  was. 

E.of  JV/ticf/e»/it'W.  What  occasion  was 
for  the  proposal  to  pay  60/.  a-piece,  whi^n 
payment  of  500/.  was  absolutely  refustd  ? 

Edii;ards.    I  believe  it  was  uii<lerslood  by 
veral,  that,  if  the  other  Masters  woiUd  h 
coniiibuted  50/.  a- piece,  it  would  have  b^eutt 
inducement  for  Mr.  Lightboun  tu  have 
and  paid  his  600/. 

K.  of  Macciesfield,  Somebody  mosl 
this  that  had  that  apprehension. 

Eduardi,    I  canH  say  who  proposed  it^  OQI^ 
whether  it  was  proposed  by  my  lord  Mai 
flehl ;  but  50/.  a<piece  was  mentioned. 

E.  of  Maccksficld*  My  lords,  1  desire 
know  of  Mr.  Edwards,  whether  tKeMastefti 
not  at  any  time  agree  to  make  good  Donac 
deficiency  ? 

Edwardi,    5Iy  lords^  I  think  I  n 
meeting  of  the  blasters  at  his  lordship' 
not  long  before  this»  where  they  seemed 
ble  to  agrce^  that  if  they  were  continued  lo  tkc 


9SIJ 


far  Higfi  Crimes  and  Mndemeanors. 


,fjf^lits  of  their  office  in  afl  r^fkect^»  auil  i>n  llie 

Lsame  (aot  its  lUey  had  enjoyed  theio,  tliut  (ben 

they  woo t«l  have  endeavoured  to  Uace  ruutJe  tliis 

E.  i»i'  Macclesfield,     I  desire  to  know  W  lie 
Imlh  not  fiitiif,  that  on  hi^  coming  into  liie  of- 
Lfice,  tlie  Miiriiens  told  hnn  they  would  mukc 
kguoil  tlie  df  ticiency  ? 

Edaartls.    1  can't  My  the  Masters  ever  told 
ae  they  would  fuake  gooil  the  deficienc}'  j    I 
dn^t  luiy   i   ever  heard  ihem  say  that  ibey 
I  ^011  lit  ruiikc  it  up. 

E.  of  Mace ks field.     1  desire  you  irould  re- 
ullect  yourself,  whcth»;r^  when  you  were  with 
|ti}e,  and  1  desired  yon  to  ^ive  an  account  ot' 
Diit:  matter,  you  did  not  say,  iUnt  the  Masters 
lid  promise  to  naaLe  it  good«  or  el&e  you  would 
H  have  come  into  the  otficef 
Mdwardi.  IdonH  remember  I  told  your  lord- 
lip  so;  1  believe  it  wns  designed  by  the  Mu^s- 
I  to  have  fnude  it  u^  ;  if  not  the  whole,  the 
eatesi  part  ol  the  Masters,  were  laciinable  to 
Bake  up  the  deficiency. 

£.  ot  Mncclrtjictd,  I  deiire  an  acswer  to  the 
question,  whether  he  did  nott>ay^  that  the  Mas- 
did  promise  him  to  make  ^ood  the  deti- 
ency  f 

Ednards*  I  don^  remember  that  I  said  so 
ctJy ;  1  told  your  lordghip,  that  un^s  J 
1  had  assurances  that  the  deficiency  of  the 
!  would  have  treea  made  up,  1  never  would 
ave  meddled  with  it.  Ttiese  assurances  I 
I  from  Mr,  Cottinf^ham  and  3Ir.  Godfrey. 
E.  of  Maccirajictd.  1  think  you  say,  the 
Haste rs  did  necm  to  agree,  thai  if  they  were 
kept  in  possession  of  the  riifhts  of  their  offices. 
Wy  would  conirihute.  Had  you  two  meetings 
vidh  me  in  July,  or  August  ? 
Edicardi.  I  tliink  there  were  two  in  the  same 
onth  of  July ;  within  a  month  the  two  meet- 
pgs  were, 

E.  of  MacckifiehL  Whether  the  Masters 
have  not  maile  several  complaints  to  me,  of  the 
inrafiion  of  their  ri^ht  in  iheii^  officer,  and  de- 
sired me  to  make  an  order  to  redresf  \lwm  ? 

Edwardi.  JViit  only  complaints  of  that  sort 
were  made,  but  I  beliere  those  com  plaints  were 
reduced  into  wiitiuc:,  and  Utd  before  your  lord- 
ship ;  there  were  frecjueni  eom plaints  by  con* 
currence  of  all  the  Masiertt. 

H.oi^  Mitcclcsjitld.     How  long  \viUive  that 
time  were  complamts  made  to  im*  of  I  he  i^Iug- 
lers  heingf  injured  in  the  profits  of  their  office? 
Edaardt.   I  believe  near  a  twelve  mouth. 
E,  of  Mf tec le* field.  Was  it  not  more  ? 
Edward*.  It  wa^  a  full  year. 

[Earl of  Macclesfield  shews  Mr.  Edwards  a 
paper] 

Edward*,  Thia  as  what  1  mentioned  ^  a  re- 
pttwotation  io  writing  laid  before  your  lord* 
■Mp. 

E*  of  Mactksfield.   Pray  look  upon  that. 

rehews  another  paper,  which  Mr.  Edwards 
iooki  upon.] 

E^Df  Ma^cUtfuid*    Are  tkQS«  two  ptpeci 


&i^netl  by  you,  and  ilie  other  Masters  whos« 
nutnt'S  are  at  the  end  of  ihem  ? 
Ed  (cards.     Yes. 

E.  of  Mace ks field,  I  ilesire  to  know,  in  lb* 
next  place,  wheihur  I  was  not  much  pressed 
by  ihe  Masters  to  have  made  Monie  alterations 
ill  the  procee<lin(5S  of  the  Court  ?  And  what  an- 
swer did  1  give? 

Edwards.  UfKin  thU  representation  theri 
were  a  great  many  applicauons  made  to  my 
lord  Macclesfield.  1  went  sever,*!  limes  my- 
self* Sometimes  two  or  three  v*  uuhl  make  ap- 
idicatitin  to  him,  that  he  would  be  pUa^ett,  if 
he  lhau(r|it  the  matters  represented  to  be  ^riev- 
ancea,  1 1  ml  he  would  veilre^s  them.  My  lord 
did  (jtiy,  that  he  thought  that  the  matter  of  our 
coniptuim  was  just»  and  that  those  matters  weir^ 
projier  to  be  rectified, and  he  would  take  all  pro- 
per measures  to  du  it. 

E.  of  Macclesfield.  And  why  were  not  all 
these  thing's  set  ri|^ht? 

Edwardt.  I  remember  one  circumstance  that 
i  believe  will  be  an  answer  to  the  noble  tord^a 
question.  Those  mailers  were  not  laid  loge* 
ther  all  at  once  before  my  Lord  Chancellor, 
but  some  at  one  time,  and  otherx  at  another 
time;  and  my  lord  Macclesfield  did  say,  I 
would  have  you  draw  up  a  state  of  all  thesa 
grte varices  you  complain  of,  and  then  1  shall 
Kee  them  belter  under  one  view,  and  lake  theni 
together. 

E.  of  Macckijldd.  Was  there  any  order 
made  in  favour  of  the  Masters,  and  lo  rvdresa 
the*e  (grievances  ? 

Edwardi,  1  remember  we  were  a  little  im- 
patient that  there  was  uo  urder  made  ;  we  olleit 
solicited  on  several  account)^  befure  they  were 
made. 

E,  of  Maccltfjktd,  For  whal  particular  rea- 
sons if  ere  you  so  impatieut  i* 

Eda^ards,  It  is  iiiipobsible  to  recollect  thtt 
parlicular  reasons ;  they  were,  in  many  in* 
stances,  relating  to  the  proceedings  at  thellolli, 
and  the  iuoovations  there  to  the  prejudice  of  the 
Masters*  uffiee!*. 

Mr.  Fiummer.  My  lord  Jlacclesfield  hatli 
asked  several  questions,  and  I  would  make  an 
olnervation  upon  this  evidence^  Ihat  these  gen- 
tlemen applied  to  hml  Macclesfi«hl  to  redress 
grievances,  hut  he  would  not  promise  them  a 
redress  till  they  paid  this  deht» 

i!Jir  George  Oecfttien,  I  dt sire  to  knnw  what 
i»e  means  by  the  prtititb  uf  the  office  ? 

Edo^ards.  The  principal  thiu^  that  I  mean  is 
the  keeping  ot  ihe  money  ;  but  there  were  se- 
veral other  thinys  in  which  we  thontrht  our 
ofiices  lessened,  by  taking  »«ay  theeustomaiy 
fees  which  usually  belonged  to  the  Masters. 

Sir  Gtorge  Oxhiden*  If  the  profits  ol  the 
office  was  the  keeping  of  the  money,  1  suppose 
tbev  made  use  of  it  ? 

Edirardi,  Yes,  my  lords,  I  believe  it  was  not 
aodersto<»d  hy  any  bodv»  thai  the  money  was 
to  be  locked  up.  'By  tie  profits  of  the  money 
is  meant  the  putting  out  the  money  at  interest 
for  ourselveiJ.  But  that  is  not  all,'the  placinjj 
the  laiue  out  at  iiivtt^i1^Qx\V^%\xv\at^^^&%»>^'c^ 


: 


m 


083]  10  6E0R0E  L  Trial  of  the  Earl  o/MaccUifidd, 

flereral  pcrf|uisite9,  m  re|K)r(s  and  other  tliincfs, 
which  would  he  lost  hy  taking  away  the  nloney. 

Mr.  JoAn  Benntt  called  again. 

Sol.  Gen.  My  lords,  we  desire  Mr.  John 
Bennet  may  he  asked,  whether  he  was  present 
at  the  meeting  at  the  Lord  Chancellor's,  when 
prouosals  were  made  for  the  raising  this  1,000/. 
•  J.  Bennet.  My  lords,  I  was  there,  and  my  lord 
Macclesfield  was  earnest  in  persuading  Mr. 
Lightboun  to  pay  his  500/.  Mr.  lighthoun 
•aid  he  had  much  rather  bring  in  all  the  money 
and  securities  be  bad  in  his  hands,  and  deliver 
them  np,  than  pay  this  500/.  Upon  which  my 
lord  Macclesfield  said,  deliTering  up  the  money 
and  secarities  too  might  be  the  consequence, 
but  that  was  not  the  -worst ;  there  might  be 
?otes  of  the  House  of  Commons,  that  the  office 
of  a  Master  in  Chancery  did  concern  the  exe* 
cotion  of  instice,  and  that  the  Masters  in 
Chancery,  by  purchasing  their  offices,  had  in* 
earred  the  penalty  of  the  statute  of  Edward 
the  6th j  and  thereby  forfeited  their  places,  and 
that!  a  new  set  of  Masters  might  be  put  in ;  it 
might  redound  to  some  loss  to  his  lordship  in 
disfiosing  of  those  offices,  but  it  would  redound 
much  more  to  their  loss,  the  loss  of  their  places. 

Mr.  Lutwyche.  ViYiea  the  Masters  refused 
to  contribute  to  this  ot*  Chitty,  what  said  my 
lord? 

J.  Bennet.  My  lord  said,  he  would  take  care 
of  it  himself,  or  that  he  would  pay  it  himself, 
1  can't  say  which. 

Mr.  Lutwyche.  Whether  any  thing  was  said 
concerning  the  consequence  of  not  paying  this 
1,000/.  and  whether  any  mention  was  made  of 
Dormer's  deficiency  P 

J.  Bennet.  There  was  mention  made  of  Mr. 
Dormer's  deficiency,  and  one  Blaster  men- 
tioned, that  it  was  a  bottomless  pit ;  and  as  my 
lord  had  desired  roe  and  Mr.  Holford  to  take 
aome  account  of  it,  we  both  declared,  we  had 
■ot  received  such  a  satisfactory  account  from 
Mr.  Edwards  as  could  be  depended  upon,  and 
that  the  deficiency  appeared  to  us  to  be  very 
uncertain.  \ 

Mr.  Lutwyche,  I  desire  he  may  be  asked, 
whether  any  mention  was  made  of  any  fiear  of 
the  discovery  of  that  deficiency  ? 

J.  Bennet.  I  can't  say  hy  whom  it  was  said, 
but  it  was  said  in  discourse,  if  this  1,000/.  was 
not  now  paid,  the  deficiency  of  Mr.  Dormer's 
office  would  be  discovered. 

Mr.  Lutwyche.  Pray,  recollect  whom  was 
that  said  by? 

J.  Bennet.  I  can't  take  upon  me  to  say  whom 
it  was  said  by,  but  it  was  said  in  the  conversa- 
tion that  passed  at  that  time. 

Mr.  Lutwyche.  And  who  were  then  present  P 

/.  Bennet,  1  believe,  all  the  Masters.  • 

Mr.  Luttvyche.  And  who  beirides? 

3.'B\!nnet.  My  l<nrd  Macclesfield. 
'  Mr.  Lutwyche.    Were  not  all  the  Matter* 
against  makmg  np  the  defideucy  ? 

J.  Bennet.  Yes,  all  of  them. 

B.oe MucclafieiiL  WasDoraMr^deAoicoqr 
(hen  knowD? 


J.  Bennet,  It  waa  known  abroad,  bat  it  wu 
not  known  bow  much. 

E.  of  Maccietfield,  Were  there  two  neetiafi 
between  me  and  the  Masters  in  July,  or  the 
beginning  of  August  P 

J.  Bennet.  I  believe  within  a  BBonth  there 
were  two  meetings. 

E.  of  MaccU^ld.  What  waa  the  tol^eel 
matter  of  the  other  meeting  P 

J^  Bennet.  The  first  meeting  was  to  put  as  aN 
in  mind  of  our  duty,  and  to  admonish  ns  li 
ayoid  any  complaint. 

E.  of  Macelegfield.  Tliat  was  the  first  meet- 
ing ;  was  there  any  thing  said  aboutDoroMrt 
deficiency. 

J.  Bennet.  1  don't  remember  there  was. 

£.  of  Maccietfield.  What  admonition  waift 
that  was  given  to  the  Masters,  and  wl»t  mm 
said  to  them^  if  they  did  fiul  in  their  dnty  P 

J^  Bennet.  The  admonition  waa  generelljli 
take  eare  to  perform  our  duty,  not  to  gift  mj 
etuse  of  complaint,  and,  in  partionlar,  aat 
to  go  out  of  town,  till  a  week  after  the  iajtwsl 

.£.  of  Macclesfield.  Do  you  not  reuNnker, 
that  t  said  in  my  admonition,  that  if  any  Msilff 
failed  in  his  dnty,  I  owed  it  to  tlie  resite  poaiih 
him,  and  to  make  him  an  example  P 

J.  Bennet.  I  believe  yoii  dkl  say  an. 

Mr.  Lutnyche.  At  the  time  when  this  adaP 
nition  was  given,  was  any  thing  then  saidaheit 
your  accounts  P 

J.  Bennet.  No,  I  don't  refnember  that  aay 
thing  was  then  said  on  that  subject. 

£.  of  Macclufield.  In  point  of  regnlsiilr, 
when  these  gentlemen  speak  of  this  l,00ft 
they  should  produce  the  order. 

Serj.  Peiige//y,  It  is  here,  and  it  is  admiurf 
in  the  Answer. 

[The  Order  produced,  proved  by  Mr.  Rabk 
Paxton,  who  swore  it  to  be  a  true  copy  of  tM 
Order  taken  from  the  Report- office.] 

[Mr.  Paxton  begins  to  read.] 

'*  Martis  derimo  septimo  die  Martit  im* 
Kegni  Oeorgii  Regis  decimo,  inter  Pri- 
deaux  Sutton  Cler.  et  Annam  Uxorerogai^ 
Mercy  Sheldon  Spinster  et  Egidium  Lu- 
rence  Executor.  Winifred  Sheldon  Spii- 
ster  Defunct.  Quer.  Elisam  Chitty,  J*- 
hannem  Rnssel  et  alios  Defendenles. 

<' Whereas  the  defendant,  Eliz.   Chitt|- 

E.  of  Macclesfield.  It  is  not  necessary  ^ 
trouble  my  lords  in  hearing  the  whole  oracff 
only  the  ordering  part 

[Mr.  Paxton  reads  again.  J 

*  His  lordship  doth  order,  that  the  saklMai' 

<  ter  do,  out  of  the  said  money  in  his  hands,  |nf 
«  unto  the  defendant  lilizabetli  Chitty  theftt^ 
*  of  1,000/.,  and  to  the  plaintiffs  the  suis  * 

<  500/.,  subject  to  the  further  order  of  tkil 
•Court.' 

Mr.  Lovikondwwcn. 

Mr.  Lutwyche.  My  lords,  wo  desire,  thitlir' 
LvvibQBdMyboaskail,    '    '     ' 


Jut  High  Cnmts  and  Misdemeanors, 


A.  D.  1725. 


[OM 


eiing'  tvheu  the  Alii^terB  utteudeti  toy  Joril 
IncclesBt^til  about  July  lut,  and  wbftl  |iaMed 
;  thut  meelmg^? 

JLtmbond,      I  was  at   that    meeting    ivitli 

tferal  oi"  the  otiitr  Maiiters,  I  ibmk  mast  of' 

WiD  :  Dstu  what  passed  (hetif  accnrtiitig  to  the 

St  of"  my  recollet'lionj  the  fii-sl  thing  wa«,  my 

prd  Maccletiiield  I  u  roe  it  to  Mr.  Lightbonn  and 

ftked  him,  Why  he  had  not  paid  the  500/.  «8 

Irell  as  the  rest  oi  the  Masters  ;  to  which   he 

leplied,  He  ncrer  wouUI ;  and  gave  my  lord 

eme  reasons  wliy  he  wouJd  nut.     Then  my 

rd  Alaceltssfietd  w.ia  pleased  to  say,  there  was 

i  mutter  that  rctjuired  expedition,  a  further  de- 

iand  w&s  made  ai  a  sum  of  money,  by  one 

Ir.  LockniaO)  who  helon^fd  to  the  Prince's 

■  it  did  behove  us  to  find  ont  some 

wy  to  niakehiiD  easy.     He  proposed  that  the 

1  should  raise  that  money  among^  them. 

file  Masters  in  general  said,  that  they  could 

i  do  it. 

Mr.  Lutwychc.  Whnt  arguments  were  made 
of  by  my  lord  Macclesfield  to  persuade 
em  to  it  ? 

Lovtkmd,    I  remember  that  Mr.  Ligrhtboun 

lid^  rather  than  pay  it^  he  would  deliver  up  all 

!  money  and  eflects  in  his  hands  ;  and  my  lord 

lacclesHehl  did  reply,  Perhaps  that  is  not  the 

t  of  the  matter,  it  may  t>e  worse  than  that; 

^ippose  there  should  be  a  partiamrntary  en~ 

unify*  and  the  parhament  should  come  to  a  re- 

ittjtioii,  that  you  have  tbrfeited  your  offiec^s, 

havini;  boug^ht  tUem  against  the  statute  of 

dward  tlie  0th. 

Lutayche,    I  desire  be  may  be  asked, 
bether  any  encourag^eraent  was  given,  iu  ease 
he  J  would  pay  this  money  ? 

Loviband,     I   don't    remember    there  was 
Hy  thing'  spoken  by  way  of  encouragement 
the  3lusteis,  for  payment  of  that  sum  of 
»ey. 

Lutwyche,    I  desire  to  know  what  was 
•  result  ot  this  matter,  as  to  this  sum  ^\^  mo- 
^'  being  to  he  paid^  and  who  it  was  that  said 
tihoold  be  pnid  ? 

"  Lovibmii,   Upon  tlve  refusal  of  the  Masters, 
r  lord  ^lacclestield  said.  Well,  1  will  take  care 
flhat  part  my*»€lf- 

'\    I  desire  he  may  be  asked^ 

ntr  was  then  said  m  relation  to 

,  ,  -I  Dormcr*s  office  ? 

«>n^.     Yes,  there  was  some  disconrse 

that  matter,  and  my  lord  Macclesfield 

[  cspreiss  himself  as  though  it  would  be  an 

kfilucky  things  and  it  must  be  made  up  one 

way  or  other,  and  he  desired  the  Masters  to 

ihitik  of  a  way  to  make  it  up.     My  lord  Mac- 

iBin^eld  said,  if  you  can  have  the  enjoyment  of 

I^BMir  places,  as  yon  have  had  them  these  forty 

^Bfftrs,  iiill  you  come  into  some  terms  to  make 

■Pp  that  debt  ?   Some  said  they  could  not  come 

^B»  it ;   pome  said  there  might  be  a  means  of 

paying  it  by  annual  instalments  out  of  their  se- 

f«ral  offices ,  some  seemed  to  agree  to  it ;  others 

1  we  may  as  well  make  good  the  bankers* 

•Ivta,  as  make  good  this  debt. 

B*  vf  Mmclmfitid^  I  desire  he  mjiy  be  asked, 


whether  be  did  not  aeree,  that  this  deficiency 
should  lie  made  good  hy  annual  payments? 

lAwibond^  No^  I  did  not. 

E.  oi  Maecksfitld^  f  desire  to  know,  whether 
the  rest  of  the  Mastei-s  did  not  ? 

LoTilnmd,  I  beheve  some  of  the  Masters  did. 

£.  of  Mucc(erft€ld.  I  desire  to  know,  wht« 
ther  they  did  all  agree  '^ 

iMvthond.  I  believe  the  major  pari  did.  f 
did  not. 

£.  oi  Macelesfield,  Do  you  belieTc  any  be* 
sides  yourself  disagreed  ? 

Lovlhnd,  Indeed  1  canH  tell.  The  greatest 
part  did  agree.  I  can't  say  I  heard  any  body 
refuse. 

£.  oi  MacdcMfield,  ^ome  he  says,  did  agree 
to  it,  the  major  part,  and  none  that  he  heard  re^ 
fused.  1  tiesire  to  know,  if  it  was  nut  endea- 
voured to  find  out  a  way  to  make  up  whatever 
deficiency  there  was ;  and  whether  this  was 
tlie  subject  matter,  the  making  good  the  1,0001. 
or  the  whole  of  the  debt  ? 

Lovihond.  The  making  good  the  whole  of  the 
debt,  as  I  understood  it. 

£.  of  Muccietfield.  I  think  he  said,  that 
[  said  then,  1  would  take  care  of  the  tOOOf. 
\V  bether  was  that  after  they  had  agreed  thai 
the  deiieieDCy  should  be  made  g^XMl,  or  be- 
fore ? — Lovihond.  No,  I  think  it  was  before. 

Mr.  Piummer,  I  desire  to  know,  if  my  lord 
Macclesfield  did  say,  he  would  take  care  of  it» 
when  the  Masters  refused  to  comnhnle  ? 

Lovtihtnd.  To  ihe  best  of  my  rcmembmDCet 
it  was  upon  their  refusal  that  he  said  so. 

Mr<  Thomas  Benn€i  called  again. 

27)0.  Be«ine#.  My  lords,  belbre  the  Alanagert 
propose  a  queation^  I  beg  the  favour  to  mea« 
tion  a  thing  that  my  memory  slipped  me  in 
yesterday.  My  lord  Macclestield  then  a^ked 
me,  what  estate  1  bad  purchased  f  1  said  68/. 
a-yearin  Kent,  and  40(.  per  annum  in  Suffolk. 
I  forgot  a  house  I  bought  for  700/.  which  is 
mortgaged  for  the  same  sum.  The  account 
lies  upon  the  table,  1  forgot  it  then,  and  1  did 
then  refer  to  my  account  that  hes  upon  the  Ur 
ble,  that  I  might  not  be  mistaken. 

SoL  Gen,  I  desire  lie  may  be  asked,  whether 
he  was  present  at  this  meeting  at  my  lord 
Macclesfield's? 

Tho.  Bennet,  Yes,  I  was  summoned  to  attend 
my  lord  Macclesfield  on  this  occasion.  I  dined 
that  day  with  my  brolhcT  and  Mr.  Lofi1»ond 
and  one  more;  and  my  brother  told  me,  thai 
there  was  a  proposal  come  from  my  lord  Mac- 
clesfield liy  Mr,  Cottirrgham.  ile  said  it  was, 
that  the  Masters  sliiHild  advance  60i.  a  piece, 
towards  a  demand  in  the  Court  of  Chancery  ; 
and  in  case  we  would  do  it,  my  lord  Macclea* 
field  would  make  Mr.  Ltghtboun  pay  his  SOOA. 
IVe,  who  were  then  present,  seemed  to  agree, 
that  if  toy  lord  wouki  make  Mr.  Lightboua  pay 
his  500^,  we  wotdil  pay  our  £rO/.  a-piece.  In 
the  evening,  when  we  attended  my  lord  Mac* 
clciiiiL'ldf  his  first  apjdicalion  wasto  Mr.  Light- 
l>ouu,  and  as  &oou  as  we  came,  he  said  to  Uvti&L., 
Mr.  Lighibtmu^  I  %m  mr^tweA.  ^^u>ft^^^  ^a**^ 


*' 

ri 


1 


^ 


10  GEORGE 


Trial  of  He  Earl  ofMaecteffiM^ 


pet 


paid  your  500l,  ai  llie  rest  have  done,  I  wooilt^i'     paid,  and  lo  thew  your  loniilup*  Ikt 
at  it  ;  anil  he  ufied  some  bard  expressions,  thai  \  tion  that  was  fii&fJe  Uy  the  e*fl 
1  wonder  be  could  stand  it,  1  could  hardly  have     at  that  time. 


I 

I 

I 
I 


done  it ;  hut  Mr.  Lit;Utboun  didstaod  it,  aod  re- 
fused to  pay  it,  aud  ga?e  hi*  reasoDS  for  it, 
•od  said  he  bad  ^iveo  them  over  and  over 
•gain. 

Sol.  Gen,  What  reasoDS  were  laid  before  jou 
to  pay  itf 

Tho,  Bennet,  The  reaaons  laid  belbre  us  by 
my  lord  Macclesfield  were,  that  there  was  a 
dedciency  in  Durmer*8  office,  \vhich  he  was 
afraid  would  break  out ;  for  here  was  a  de* 
maud  of  a  aufi»  of  money  hy  one,  for  whom  he 
had  been  spoken  to  by  a  person  of  very  g^reat 
distinciion.  I  did  not  know  who  it  wa^i  then, 
Lut  1  afterwards  understood  it  was  Mr.  Lock* 
man,  that  was  the  person  that  was  lo  have  the 
money ;  and  be  asked^  if  we  did  not  think  it 
tor  our  interest  to  make  such  a  person  our 
friojid  ? 

Sol,  Gen.  Was  there  any  lbin«j:  more  said  ? 

Tho.  Bennet.  My  lord  31acclesfield  said  that 
in  case  this  money  was  not  paid,  and  some 
method  found  to  make  U|»thedeticiency  of  Mr. 
Dormer,  be  believed  it  mif4:ht  occasion  a  parlta- 
mentary  enquiry,  which  might  hurt  him  very 
much  ;  but,  saiil  be,  I  beiiete  it  wilt  hurt  you, 
gentlemen,  much  more. 

Mr.  Luiwyche.  Were  there  any  of  the 
Masters  that  asktrd  liim  any  ffuestionst  how  he 
apprifheoded  it  would  come  into  parliament  ? 

Tho.  Bennet,  Yes,  Mr.  Holfurd  a&ked  him 
the  cjuestion,  Clan  your  lordship  imagtfie  in 
^hal  method  this  may  come  into  parliament  f 
J/ly  lord  answered,  Ilpon  the  meeliog  of  every 
|>arlinment«  committees  were  chosen  by  the 
House  of  Commons*  and  among  the  rest  there 
Vas  a  committee  of  the  courts  of  justice,  and 
be  ihouffht  it  very  likely,  that  that  committee 
might  take  this  under  considtiratiou, 

&i.  Gen,  What  was  said  upon  the  Masters* 
refusal  to  raise  the  1,000/,  F 

Tho,  Bennet.  After  Mr.  Ligbtboun  rcfuserl 
to  puy  towaitfs  the  I^OOOL  my  lord  then  said 
he  would  make  up  that* 

Sol.  Gen.  M  aa  there  any  talk  of  Dormer's 
deHciency  ? 

I7io.  Bennet.  There  was  tsotae  discourse 
about  making  up  Mr*  Dormer*i  deficiency. 
Several  of  the  Masters  were  acfaiust  it«  ISl^o 
PC  heme  could  he  ibund  that  would  make  tt  up. 
1  said  upon  that  occasion,  tliat  it  was  a  bottom- 
)t:ss  pit,  aud  Mr.  Edwards  bad  not  given  satis- 
factiou  to  any  of  the  Masters  what  the  deE- 
cieiicy  was. 

Sir  George  OjrentUn*  Waa  there  any  roen- 
lioD  made  at  this  meeting  of  tho  statute  of 
Edward  6  f 

Tho.  Bennet.  My  liOin]  Cbancelbr  said,  he 
clid  nut  know  but  our  otHcesmiiThtcome  within 
Ibe  statute  of  Edward  6  :  and,  if  that  should  be 
10  resolved  by  parliament,  we  must  forfeit  our 
olfioea  ;  and  therefore  bad  we  oot  better  do 
•Ometbin^  than  forfeit  our  offices  f 

8erj.  Pengeity,  My  lorda,  we  beg  leave  to 
mil  Mir,  Lockmaiiy  to  whom  ibiB  1,000/.  waa 


Mr.  Lutwy€he.    We  beff  leave  firvt  to  rmi 
the  order  in  the  cause  of  Harper  ami  Cmc. 
f]*beUr«lerk|m»tel 

[Mr.  Kalph  Paslon  readft^j 
"  ftjabbati  qtitnto  die  0ecemh**>     * ^^  ^-^ri 

Gcorg:ii  Re^isundecim«j 

per  vidua'  Uuer*  Tb©!**,    ! ^  ^ u' 

et    Sara'    Maria^   uxor*  ^tis»    Hcatioi 

H^lsey,  et  alios  Delemleotes. 
**  Upon  opening  of  the  matter  this  pmeol4iff 
unto  tha  ri^jht  bon,  the  Lord  Htg-b  C* 
of  Great  Britain,  by  Mr.  Sollciliir  G 
Mr,  Williams,  being  of  coima^  for  tlia  i 
tiff;  and  xMr.  Benjamin  Jackmaa,  io  the  \ 
sence  of  Mr*  Talbott,  of  counsel  ibr  tb«  i 
fendauts,  the  Cases.  It  was  alif>g«iJ,  Tbnil 
l>eing«  by  the  ortter  made  on  Ifie  h*snagil 
this  cause  (inter  aUa)  ordered  aod  decna^ 
That  the  sum  of  500/.,  part  of  Ute  mariii|t 
(Hirtiou  of  the  plaintiff,  receive<l  by  llioaHi 
Harper,  clerk,  her  late  buabond,  sliM^uld . 
made  good  to  tier  with  interest  from  1 
at  the  rate  of  6/.  per  cent,  per  aonam, 
with  her  costs  of  this  suit,  to  be 
Dormer,  then  one  of  the  Masters  of  ihtk  Coi 
out  of  the  said  Thomas  Hariier's  estate 
which,  and  other  |iur|ioaei  in  the  saidocder^M 
much  as  should  be  necessary  ol  the  Raid  Tbooii 
Harper's  csute  »as  to  be  sold  tt»  the  bnt  |MR* 
clfaser  that  could  lie  got  for  the  saane«  with  l)p 
approbation  of  the  said  Master  :)  nod  the  tad 
Master  having,  by  his  report,  (maile  parcjaal 
to  the  said  order,  and)  dated  the    '  ^^^ 

cemlier,  1716,  certi  tied  the  sum  of  .V 
to  be  due  to  the  plaintiff  for  principal  4ii4  to« 
lerest,  In^ides  cost^f.  And  the  said  defeiidia0 
having  been  served  with  a  writ  of  ejitecuitoail 
the  said  decree,  the  said  Master,  by  his  i 
datetl  the  9th  of  November,  1717,  aile 
snid  Jackman  the  utircha^e  of  thre«  I 
Keosinglnn  (part  ol  the  premises  dir 
sold)  at  the  sum  of  260/^  And  the  Mitd  J 
ter^s  report  being  afterwards  abaolutely 
tirmed,  the  said  Jackman  obtained  an  I 
of  the  19tb  of  December,  1717,  whereby  iti 
ordered,  That  the  writings  belonging  to 
said  estate,  purchased  by  the  said  Jacka 
should  be  delivered  to  his  counsel,  and  that  the 
tenants  of  the  said  estate  should  att<^iro  ta 
him,  on  bringing  his  pure  baste  money  befoni 
the  said  Master.  And  the  saiil  Jarkman  dU 
accordingly,  on  the  24tb  oft  he  same  December, 
bring  bis  i^aid  purchase  money  before  the  Mid 
Master,  as  by  his  certificate  of  that  date,  now 
read,  appears,  and  the  tenants  attOfocd  to  tbt 
said  Jackman :  but  the  delendaots  haf«  evtr 
since,  by  tritling  pretences  and  excuses,  pot  of 
the  executing  oroper  conveyances  to  the  said 
Jackman.  Ahhough  the  same  have  beep  lofig 
since  settled  and  allowed  t»v  Mr.  EdwardStOea 
of  the  Masters  of  this  Court,  the  said  Mx* 
Dormer's  successor,  as  by  the  affidavits  af 
Joseph   Herring  and  Tbomai   Atwood  ap- 


Jkr  High  Crimen  and  Misdemeanors, 


A.  D.  1725, 


[090 


It  «afi  therefore  prated*  lliiit  all 
IM  ti)ay  I'ortbwith  execute  convtyaric«« 
the  smd  houses  to  the  ttaiil  Mr,  Jack- 
or  as  he  shall  appoint :  and  it  i»as 
>n  ih*  plaintiff's  behalJ  prayed,  that  the 
Mid  purcfinBe  money  may  \te  paid  to  heri  to- 
wards th*.'  sAtistactiow  ot  ivhat  is  due  In  her*  by 
rirtue  of  tlie  !taid  decree;  VV hereto tl)e  counvrl 
ttie  defendants,  Casfi,  alleged,  that  ihej 
f  eutitled  to  the  residue  of  the  said  Thounas 
rper*s  estntet  after  !»uoh  payrneuts  as  are  di- 
1  by  the  f^M  decree  to  be  made  out  of  the 
T^  •'■"  rrjTidr,  aod  {he  defendants  Cnse  and 
if  always  ready  to  Join  io  esce<.*itting 
L'yanceSfUpOfi  an  apphcnliou  beinip 
tie  of  the  said  Jackman'a  purchase  money 
|rards  ivhnt  is  due  to  the  plaintiff;  hut  beings 
ri^ensive  of  a  deficiency  of  Mr.  Dormer^b 
|t4^  to  nnvwer  the  monies  broui^ht  betore 
purstiant  to  the  orders  of  this  Court;  and 
eiviujj  they  ought  not  to  be  sufferers, 
ioug^i  §tich  deficiency  might  appear^  and  the 
ielav  beiu;,''  occaflioned  by  the  purcbaseff  and 
ioidy  the  plaintiff,  and  the  said  Master  nothav. 
ioff  •vttlcd  the  said  couveyances,  they  did  there* 
r  ruple  to  execute  the  said  conveyances,  un* 

lid  Jackman^s  purchase  money  should 
i..  ..j.j.Sied  tothetHu-pose^inthetkniddecrec  ;  but 
Ue  wilUngf  if  tue  Court  should  think  proper^ 
ymcut  of  the  said  260/,  purchase  money 
llaiotLff«  and  the  said  Thoums  Harper's 
eitig  di«cliarged  of  so  much,  to  exe- 
the  said  conveyances.  Whereupon,  and 
bn  hearing  of  the  said  afBdatits  of  the  said 
rph  Herring  and  Thomas  At  wood,  and  au 
davit  of  notice  to  thedefeudanl  Hal^y  read, 
I  what  was  alleged  on  both  sides  ;  his  lord* 
i  doth  order^  that  it  be  referred  to  the  said 
^wards^  to  examine,  whether  the  said 
is  dejKwiteit  with  the  said  Mr.  Dormer 
enent  of  any  particular  person,  and 
nd  what  was  the  occasion  of  the  delay, 
I  said  conveyances  were  not  executed, 
said  2G0l*  purchase  money  paid  out 
tlie  year  1720,  and  whether  there  ia 
i  be  a  loss  of  any  monies  deposited  with 
Mr.  Dormer?  And^  upon  the  said 
_  report,  such  further  ordert  shall  be 
ishall  bejubl.'* 
,  Prtif^flttj.  My  lords,  this  order  was 
ttio  December  last :  it  i«  a  direction  to  Mr« 
i  10  see^  whether  there  wa8  like  to  be 
of  Muy  luoujcs  dcpo«itcil  with  Mr, 
:  we  pray  thai  Mr.  Lockmoo  may  be 

Mr.  Lockman  fworo. 

•        '^    We  be{j  leave  that  Mr  Lock- 

il.  Whether  he  attended  upon 
*-  !fl  at  anv  time  relating  to 
vberc  ? 

f  :iii  nttl.r  friirn  the  earl 

r  1,0001. 

i>d  wards, 

asinjrtun  to  wart  upon  flic  eurl  of 

^  anil  tohl  \n%  Wdslup  the  iiccensity 

nSrlftb  iftml.  whflcli  belonged  to  Mrs. 


Chitty,hutthe  benefit  of  it  was  made  over  1 
me ;  that  I  had  the  misfortune  to  l>e  backis 
wards  in  my  affairs,  and  had  some  South  1 
contracts  tomake  up,  and  had  made  a  comp 
sitiori  of  my  debts,  tor  which  I  had  about  three 
weeks  to  pay  it  in,  and  therefore  I  desired  tha 
favour  of  his  lordship  to  order  me  the  pnvmeut 
of  this  l^QOO/.  His  lordship  was  pie iseflto  tell 
me,  that  if  I  attended  him  Ui  town,  and  a|ipliec| 
to  him  therci  1  should  have  the  money  paid. 
Upon  wliicli  [  waileilupou  hist  lordship  iti  town  r 
and  when  [  had  the  honour  to  •{ee  lu>i  lordship, 
he  told  me,  That  he  had  entiuired  into  the  af- 
fair relating  to  that  money  upou  whtcii  the  or* 
der  was  made;  that  it  wa«  in  Mr.  l>«>rmcr*a 
office,  where  there  was  a  deficiency  ;  that  h« 
could  not  yet  brioj?  all  the  Masters  to  settle 
that  matter ;  but  if  1  could  come  a  few  days 
after,  he  would  see  what  he  could  do  tor  me. 
Thereupou  1  attended  several  days,  and  went 
to  Westminster- halt,  and  spoke  to  Mr.  Cotting< 
ham,  and  he  said  great  pains  had  been  takeu 
by  my  lord,  but  he  had  not  yet  been  able  to 
bring  any  thing  to  bear,  but  he  did  not  doubt 
but  in  a  fittle  time  he  could  bring  it  to  bear  to 
his  satisfaction  ;  there  had  been  some  motion* 
made  by  serjeani  Chediire,  &c.  which  had 
frighteued  the  Masters  from  raiding  money; 
but  if  I  attended  in  a  feiv  davs^  he  would  do 
what  he  could  for  me.  I  waited  some  days, 
and  at  last  I  took  the  freedom  to  wait  upon  raj 
lord  Marcleslield  at  his  own  house  in  Lincoln's* 
inn-Aelds,  and  I  told  his  lordship  I  had  attended 
many  days  in  town,  and  had  neglecte*l  my  dutj 
and  service  ;  that  the  next  day  was  the  last 
day  appointed  to  pay  my  comj>o«ition,  A\\tX  hav- 
ings depended  upon  this  money,  1  bad  made  no 
other  provision.  Whereupon  his  lordship  said 
he  had  taken  a  great  deal  of  paioft,  and  had 
spoken  to  the  Masters,  at)d  that  1  should  attend, 
his  lordship  next  day  at  Westminster  at  teo^ 
and  he  would  ice  what  he  could  do  for  me  ; 
but  that  there  was  none  of  the  estate  of  Mr« 
Doitner  left.  I  wuited  upon  hi^  lordship  ac* 
cordingly  the  next  day  at  Westminster,  JJii 
lordship  called  me  into  his  rfKtm,  and  told  mt 
that  Mr.  Cottingham  should  pay  mo  the  1,000/, 
bin  he  believed  there  would  come  do  more,  timt 
this  would  he  the  tost  of  the  money,  or  the  lost 
sum  that  Mrs.  Chitty  would  receive;  and  that 
if  she  had  nothing  else,  I  might,  by  marrying 
her,  in  expcctatioD  of  a  fortune,  make  tnyaelf 
worse  than  I  was. 

Mr.  Dodin^ton.  I  desire  3Ir.  Lockmnn  maj 
be  anked,  What  the  whole  sum  was  that  wax 
paid  in  f 

Lochmrn.   I  took  it  to  be  about  10,000/. 

Hery  Ffuf^ilti/.    I  desiru  he  UMiy  be  asked^^ 
If  the  earl  of  ilacclesfield  gave  aay  fartha^ 
reasons  why  it  was  like  to  be  the  last  turn  ? 

Luckman.  The  earl  ofMacotefAdd  did  no 
at  that  time  give  me  any  reason  j  but  the  daWl 
before,  when  I  had  the  honour  of  seemg  h»a 
lordihip,  at  hi*!  house  in  Lincohi'»-inn*lietd8, 
and  onctj  l^efore  that,  his  lordship  told  me  that 
the  Masters  in  Chancery  were  apprehensive  of 
loi^hig  a  great  d«al  of  thidr  privileget|  aad  pr>j< 


» 


99Ij 


10  GEORGfi  I. 


rrwrf  of  the  Enrl  nfMaexfe*(!Mf 


[Mi 


I 


I 


r  macM ; 
were  not  ivillin^  lo  advance  any  ^^one3^ 

Mr.  West,  My  lordiij  I  beg  feave  to  ask  Mr 
Lockraan,  wliHljer  he  reccUed  any  direction  or 
intimaiioQ  ai  to  the  keeping  ot  this  pnTate*  the 
tellini^,  or  not  lelling  it  ? 

Lockman.  1  did  receire  no  intimation  at  that 
liiDe  ;  aiienn  ards»  when  (he  solicitor  me!  me, 
lie  asked  me^  PniJ^  mv*  he,  Mr.  Lock  ma  »t, 
liareyou  rcccifed  the  1,000/.  you  solicite^l  Tor? 
Yes,  I  have  received  it.  Pray,  ^vho  then  paid 
it  you?  1  told  him  Mr.  Cottingham ;  (^aya 
he,  Mr.  Cottingham  denied  it  to  me.  Upon 
that  [  met  Mr  Cottioyham  «ome  lime  after- 
wardf  in  the  Court  o^ Requests.  He  told  me 
I  should  aay  nothing  of  it :  hesides  this,  I  re- 
ceived no  intimation  to  keep  it  aecret 

Mr.  Tr«/,  What  did  he  say  to  ^om  then  ? 

Lothman.  He  gai4  at  first  tneetmg  mc,  Yon 
can't  fare  well,  but  you  must  cry  out  roast* 
meat.     1,  heing  not  well  acquainted  with  that 

fbrase,  did  not  know  what  be  meant. 
did  not  know  that  f  had  ever  eat  roasts 
meat  or  boiled -meat  with  him  either  ;  sa  I  told 
him,  if  that  was  tn  relation  to  his  paying  me 
tlie  1,000f.  it  was  only  what  was  due,  and  1 
liO|ted  there  would  be  care  taken  to  answer  the 
remainder.  He  an«wered^  He  couM  not  teU 
what  the  conaeouence  would  be,  whether  ever 
it  would  he  liiade  up,  or  ttoi,  he  could  not  tell, 
he  was  very  uucertaio, 

E.  ni*  Miicc.  Sir,  I  desire  to  know  ofyoit, 
'whether  you  did  not  represent  yourself  to  me 
to  be  in  the  utmost  disticbfi  if  this  money  was 
not  paid  to  you,  that  id  such  case  you  must  he 
ruined? 

]jLnkman,  I  remember  I  told  bis  lordship, 
thai  this  money  I  had  burrowed  ofBIrs.  Chitty, 
that  1  hudsellled  a  composition  with  my  cre- 
ditors, and  wanicd  this  money  to  satisfy  them; 
that  it  must  be  paid  the  neiLt  day  *,  and  it  1  did 
iiot  then  pay  it,  it  would  be  a  great  daraajje  to 
roe ;  but  1  prised  his  lordship^  move,  as  1  de- 
pended  upoo\is*lords!il[r8  promise,  and  that 
vras  the  reason  I  pressed  it  the  more. 

E.  of  Jdacc  1  deisire  he  may  be  asked.  Whe- 
ther I  ever  promiied  to  pay  liim  at  any  time 
before  Itiat  ? 

Lockman,  When  1  went  to  wait  upon  your 
lordship  at  Kensington,  your  lordship  prou)i(»ed 
me  it  should  be  paid ;  that,  as  soon  as  you 
came  to  town  I  should  apply  to  your  1ord<ihin, 
and  you  would  give  orders]^  and  it  should  be 
done. 

E.  of  Macclesfield,  Wh^her  be  did  not  look 
upon  it,  that  1  did  this  out  of  compassiou  to 
liim* 

Lockman.  1  took  it  as  part  of  a  sum  of  money 
due,  and  l  did  not  look  upon  it  a.«i  chanty,  or 
gut  of  eompasbion* 

E.  of  Mitccie\ficld.  I  desire  to  know.  Whe- 
ther lie  did  not  entreat  It  of  me  as  an  act  of 
com  pastil  on  to  him  f 

Luckman,  I  don*t  understand  the  English 
terms,  I  did  not  use  the  word  compassiou;  f 
begged  tliat  your  lordship  would  he  so  good  as 
to  order  fz/e  th  e  aion  ey . 


E.  tif  Mnccffj'fittd,    I  ilestre  Ia  kndw,  WIun 
ther  the  timt  time  he  applied  to  me  1 1 

to  pay  the  money  f 

Lochnan.  Your  hirdshiti  prOiiitfil4  tlie  < 
should  he   given  to  the   Klaster«  tild  that  1 
should  he  paid. 

E,  of  Macctnficid.  When  ivas  that  prowiii? 

Lockman,    \VliPn  you  promised  to  order  till 
Master,  and  I  should  have  the  m<mey. 

E.  of  MttcclcifithL    How  I  On  If  before  * 

Lockmnn.  1  cafl*t  very  well  reiuem'i 
cause  the  solicitor  waited  ^erernl   itn 
the  Master  and  the  Master  ti 
nothing,     I  wpul  to  the  Ma 
then  to  the  Kolls,  and  there  1  buv^ 
told  me  there  were  no  assets  in 
Mr.  Dormer's. 

E.  of  Mttccifxjiftd,  1  deam  to  kt^o^^ 
ther  he  did  nut  desire  a  farther  smu,  uiv  .  ,  ,- 
1,000/,  was  paid  by  Mr  Cottinghan^  aod  hm 
much  ?  ~" 

Lockman.    My  lord,  I  ask  yonr  Ion 
pardon,  1  don't  remember  I   Tfirn  a^ked^ 
other  sum.     When  I  saw  v«'  ;»  all 

wards,  I  ssked  yourlord«^hip,  ottt  (i#»' 

sihle  to  have  another  1,000/.     Yon  wtispletiBl 
to  tell  me^  there  could  he  no  mort*  paid. 

E*  of  Macctcifield   Did  tiot  yoti  sol' 
farther  gum,  till  Mr,  Cotiioijham  H»i#i  ; 

Lochmn*  Mr*Cottin';i  "m 

when  I  pressed  him.     I  \- 
Cotii      '         *illowed  me,     1 
Mr,  nn  came  out,  an 

an  01. Hi  J. .1111  !•  ■   *  ■"*  '"'f 
Masters  to  a  I 

done.     I  said,b^..i :,  -.:.^^ 

I  do,  if  I  have  not  this  money  f     It  will  1 
great  prejudice  to  me. 

E.  of  Mace.    I  desire  Xa  know, 
did  not  ask  a  farther  sum  of  500^  c^ 

Lothnan,  There  was  an  order,  on  a  le 
attorney  from  Mrs.  Chitly,  for  that  sum. 
never,  ttt\cr  1  was  at  your  U)rd ship's  ho„ 
Kenssirigton,  did  I  ask  if  I  could  have  1|0 
more. 

E.  cf  Mftccletfidd,  When  wai   that 
paid? — Lochjum.    1  douH  know. 

E.  of  Macctcsfitld.  1  desire  to  know, 
ther,  between  the  time  you  say  yrm     - 
mised  the  1,000^  and  the  time  ot 
you  did  not  desire  to  have  the  sum  <*<  ,m  » 
vanced  for  Mts.  Chitty's  use  ? 

Lockman.    When  y»Hir  lord^^hMi 
that  1,000/.  was  all  ihal  coul 
taiof^d,  I  made  no  further  soli< 

B.  of  MttccU>JjeliL    How  loor  was  it 
you  came  to  Kensington,  to  ask  loe  for  1 
1,000/,  heiore  the  other  1,CK30/.  was  paid  f 

Lochtwn,  Three  weeks  before, 

E.  ^(  Mncclcfifld.  Then  after  that  time] 
never  demandeil  a 03  more  ? 

Lockman.  After  your  lordship  had  told  1 
that  was  all  that  could  be  obtained,  then  I  < 
sis  tail  from  askinrr  any  more. 

E.  of  MaccUiJkU,    And  that  was 
three  weeks  before  the  time  you  rcceiTed  tba 
tftuney  ? 


m 


1-1  told  fiif 
be  oh- 


I 


Jvr  H^h  Crinut  and  Mudemtanort. 


A.D.  1725. 


[99* 


\ckman,  J  belie? e  between  a  fortnight  nnd 

\  weeks,  or  thereabouts. ' 

mi.  Strj,    1  de»ire  he  may  be  asked,  whe- 

he  can  be  certain  as  to  the  expression, 

her  tbis  was  the  last  mooey  that  was 

o  be  paidy  or  that  my  lord  woiiltl  pay  P 

tck/futn.    It  was,  as  I  remember  in  these 

s:  If  the  Iiidy  hath  no  otlier  fortune  than 

is  in  Chancery,  iu  the  Master's  hand,  this 

»e  the  last  of  it. 

'.  Gen,   We  desire  Mr.  Atwood  may  be 


Mr.  At  wood  sworn. 


j.  Pengelly.  My  lords,  we  desire  Mr.  At- 
may  be  a«ked,  whether  he  was  in  Court 
e  time  a  motion  was  made  upon  an  order 
lause  between  liarper  and  Cate? 
vontf.  My  lords,  I  was  at  the  late  Lord 
cellor's  house,  where  about  the  5th  of  De- 
er last,  tlip  motion  was  made.  1  wasaoli- 
for  Mrs.  Harper  in  the  cause.  Tbeocca- 
>f  it  was.  There  was  an  estate  decreed  to 
Id,  and  the  money  was  to  be  paid  into  the 
er's  hands,  who  was  Mr.  jWraer:  the 
y  was  accordingly  paid,  and  the  convey. 
I  approved  of  by  the  counsel,  ami  a  fine 
id  upon ;  bnt  at  last  the  parties  wouM  not 
rte,  unless  the  money  was  \md  them ;  ob- 
g  there  would  be  a  deficiency  in  Dor- 
I  office:  thfreibre  they  movecf  tliat  they 
t  not  be  obliged  to  execute  the  convey - 
till  tlie  money  was  applied  and  paid  to 
laiBtiff.  My  Lord  Chauoellor  was  pleas4:d 
dare  thereon,  that  he  had  heard  there 
i  be  a  deficiency  of  Mr.  Dormer's  eflfccls ; 
:  had  never  judicially  come  before  him  ; 
vbat  knoM'Ied^  he  had  of  it  was  only  as 
c  news,  and  referred  it  to  Mr.  Edwards  to 
iae  whether  thei-e  was  Ukety  to  be  a  defi- 
y,  or  not.  I  was  near  two  months  before  I 
get  this  order  passed ;  and  then  the  Im- 
imentcameon.  The  Ue^trr  told  me  he 
rfiraid  tliis  onler  would  do  some  mischief. 
II I  had  ^t  the  order,  I  was  told  by  several 
t  about  the  town,  that  Mr.  Dormer's  ef- 
were  very  defective ;  and  tliat  my  Lord 
cellor  had  directed  a  composition  to  be 
I  with  one  Wilson,  who  was  a  banker ; 
lad  directed  Mr.  Hiccocks  to  com]KHind 
ilf-a-crown  in  the  pound,  and  that  others 
Mrenty  shillings ;  and  that  my  I^rd  Chan- 
had  directed  an  enquiry  to  be  made  wlie- 
here  was  any  deficiency.  1  was  advised 
t  in  these  words :  *  By  what  means  ;'  be- 
>  I  was  told  thru,  it  was  by  reason  of  com- 
ling  that  doht  witli  Wilson ;  but  the  Re- 
'  would  not  let  them  stnnd. 
j.  Peng.  The  miikinj;  of  the  order,  in  this 
con  Arms  the  evidence  of  Mr.  Atwood, 
bis  lordship  dectarcl  he  had  heard  of  it 
hcnrise  than  as  puhiic  news ;  because  by 
rdcr  he  directs  Mr.  Cd wards  to  enquire, 
wr  there  was  likely  to  be  a  deficiency,  or 
dtbongb  it  had  been  so  well  known  to  his 
lip  Mune  years  before. 
(.  FnikyH.  Heaayt  there  are  words  struck 
IL.  XVI. 


ont  of  this  order ;  1  desire  to  know,  whether 
those  words  were  not  added  by  hinaself  to  the 
order? 

Atwood,  Yes,  they  were  added  by  me  before 
it  passed. 

^eri.  Trohyn,  When? 

Atwood,  After  1  had  the  order  from  the  Re» 
gister. 

Serj.  Peng.  When  w«  that? 

AtzDood:  It  was  near  two  months  before  I 
could  get  the  order  passed. 

£.  of  Mace  Had  you  the  order  paMed  be» 
fore  the  Impeachment? 

Aiofood.    Yes,  1  believe  I  bad. 

E.  of  Mace.  Had  you  it  passed  before  tbift 
matter  came  into  parliament? 

Atwo6iL  I  don't  particularly  know;  I  believe 
it  was  before  your  lordship  was  impeached. 

£.  of  Mace.  Whether  was  it  after  I  had  part- 
ed  with  the  seals? 

Alwood.  I  believe  after. 

B.of  Afacc.    How  long  wag  it  before  yo 
added  those  words  ? 

Atwood,  Two  or  three  days  after  I  had  gaft 
tlie  order. 

£.  of  Jlfacc.  When  was  it  the  (Ugister  itnick 
out  those  words  P 

Atvpood.  I  can't  say,  I  beUeve  it  wae  befiwe 
tlie  Imiieachment.  The  other  tide  had  let 
those  words  be  in ;  but  yet  the  Rfgister  itmck 
them  ont. 

£.  of  Afacc.  Was  it  after  1  bad  ceased  to  be 
Chancellor? 

Alwoad.  I  believe  it  was. 

£.  of  Afocc.  Was  any  thing  paid,  at  that 
time,  of  the  accident  of  Wilson's  breaking,  and 
Poulter's  going  off  ? 

Atwood.  .1  do  remember  yonr  lordship  saidl 
Wilson  was  beeome  bankrupt,  and  that  he  had 
money  of  Mr.  Dormer's ;  and  you  said  some- 
thing of  a  person  that  was  sued  by  WilsoBy 
and  of  a  recovery  against  him  ;  and  of  an  ac« 
tion  brought  for  an  escape ;  and  you  concluded, 
upon  the  whole,. that  all  you  knew  of  the 
matter  was  only  as  public  news.  This  was 
afler  yon  had  given  an  account  of  4he  matter 
of  Wilson  and  of  the  marshal. 

Dr.  Sayer.  I  desire  he  may  be  asked,  whe- 
ther my  lord  did  not  express  a  doubt,  how  these 
matters  might  come  out? 

Atwood.  I  dou't  know  what  his  lordship  wae 
pleased  to  doubt  of. 

Herj.  Probyn,  I  desire  Mr.  Atwoo<1  would 
recollect  himself,  whether  there  was  any  iiutica 
taken,  how  this  might  come  out,  wheu  the  re- 
port of  the  Masters  should  be  made  ?   . 

Atwiunl.  I  don't  remember  any  thing  tend- 
ing to  that. 

Com.  Serj.  Whether  he  took  any  memoranda 
of  these  words,  and  when  ? 

Atwood.  No,  I  took  no  memoranda  of  them, 
till  I  was  summoned  to  attend  the  committee. 

Com.  Serj.  I  desire  BIr.  Atwood  may  give  a 
reason  how  he  comes  to  forget  facts,  and  re- 
member a  form  of  words  ? 

Atwood.  I  don't  remember  all  the  facta  thai 
have  been  asked. 

as 


99h^ 


10  GEORGE  I. 


Trial  of  the  Earl  of  MaecIe^Md, 


[996 


Mr  Robins,  Whelher  my  lord  did  not  men- 
tion a  particular  aum  that  was  owing  Trom 
1iVilM)n  to  Dormer? 

Atwood.  I  beliere  my  lord  tliil  meniioQ  a 
sum,  ami  t  believe  it  waa  lH,0OO/« 

Mr-  Hobins,  Whether  he  did  not  mention 
thai  Wihori  had  brought  an  actioo  ot'  escape 
against  the  marshal? 

At  wood.  Yes* ;  that  Wilaon  bad  brought  an 
wjlion  of  efca[^e  a^inst  the  marshal 

Mr.  Riibins,  Whether  he  did  not  mention^ 
that  Wilson  bad  recovered  a  judgment  against 
the  marshal? 

Atzeottd,  Yes,  that  Wiison  bad  recoTcred  a 
jodjjment. 

Mr.  Robins,  Whether  there  was  any  thing 
mid  of*  the  escape  of  Poulter  ? 

Atjeood,  Ye«,  my  lord  did.  mention,  that 
there  was  an  action  Drought  ag^ainst  the  mar* 
thai  for  that  Terv  escape. 

Com,  Serj,  VVhetber  my  lord,  baling'  men- 
t toned  these  particulursi  he  did  not  from  thence 
infer^  he  could  not  then  tell  bow  matters  might 
come  out  f 

Atwood, 
tiiat. 

Mr.  Lutwyche,  My  lords,  I  sball  only  make 
one  short  obserraiioii.  The  lord  MactleslicUl 
caith  in  his  Answer,  that  he  dolh  nut  hcjlieve 
lliat  be  had  any  discourse  with  the  Masterfi 
aiiout  the  pay  njent  of  this  l.OOOi.  I  submit  it 
to  your  lord^^hips,  whether  there  are  not  four  or 
tive  witnesses  to  it?  IV e  have  now  dtoe  with 
the  Sixteenth  Article. 

SoL  Gen.  We  shall  proceed  to  oor  proofs  on 
the  Seventeenth  Article,  And  it  wilUie  neces- 
•ary  to  lay  before  your  Innlships  three  or  four 
Wifers,  for  the  proof  of  ibis  Article, 

Mr.  Ralph  Pax  ton  ^  tietog  eaUed,  appeared, 
ftnd  proved  the  several  Orders  following'^  wbicb 
ircre  then  all  read* 

An  Order,  dated  18  January,  8  Georjfii  Regis. 
Auothcr,  dated  8  March,  H  Cicorgii  Uetris. 
Another,  dated  5  July,  8  Georgii  Ht'iris. 
Another,  dated  22  Dec*,  d  Georgii  Kegia. 

f^*  Joviadecimo  octavo  l>io  Januarit  Anno  Regnt 
I>'ui  Georgii  Rt-gis  octavo,  inter  Jonatbaii* 
Jones  Infant^  per  Eliza"  Jones  Vidim^  prox' 
Amit*  et  dicta*  Eliza'  Jones  Quer',  Tboma* 
Jett  Arm'  et  Petru*  Wise,  llefcndeulcH* 

•*  Upon  opening  of  the  matter,  this  present 
ay,  unto  this  Court,  by  Mr.  8erje3»iiCbesbire, 
pf  counsel  with  the  plaintiir  Jonathan  Jones, 
~fin  the  pre&encf?  of  BIr.  Ketelbey,  of  counsel 
-with  the  plainUfrElizalM?lh  Jones,  and  the  de- 
fendant IVLse;    and  Mr.  Horstly,  of  couosel 
with  the  defendant  Jctt.      The  counsel  for  the 
jdaiotiff  Jonathan  J4)nes  alleged,  thnt  Jonathan 
Junes  deceased,  father  of  the  plaintiff  Jona- 
than Jones,  and  husband  of  the  plaintiff  £li- 
'mi\i,  by  bis  will,  devised  one  moiety  of  bi& 
a9e,  which  was  wholly  personal,  after  pay- 
[  trvent  %tf  his  debts  and  funeral  expences,  to  Ine 
*pbintitr  Elizabeth,  and  the  other  moiety  to  the 
^kimiff  Jomihm  Jon^,  when  he  aboiild  ti* 


tain  his  age  of  21  years,  tMrelber  witb  the  ft^ 
duce  thereof,  and  made  tli**  d»*<Wiiiafita,  Jett 
arnl  Wise,  executors  in  t  e  said  pkin* 

tilfs,  who  duly  proved  tbr  I      Thattbt 

plaintiffs  baving  brought  their  BtM  in  ttm 
Court,  to  have  an  account  of  the  «aid  revtatur'i 
estate,  for  a  niaintetiance  for  the  plaintiff  Jona* 
than,  during  his  infancy,  and  a  (verfoniianee  vf 
the  said  will  t  Upon  the  hearing  of  this  caufP, 
it  was  referred  to  Mi .  Dormer,  then  one  of  tiii 
Masters  of  this  Court,  to  lake  ao  i&cc* 
tbo  said  tesiator^s  estate;  mod  the  - 
thereof,  afler  the  deductiona  therein  mema 
was  to  he  divided  into  moieties  ;  and  the  pi 
tiff  Elizabeth's  moiety  was  forthwith  aasi 
to  her  *,  and  the  other  moiety  was  to  be  pi 
out  at  interest,  by  the  said  Master,  for  ' 
infantas  benefit.  And  the  said  Mnl 
assign  a  maintenance  for  the  md  pti 
the  lime  past ;  and  was  ah»o  to  couaidef  «i1 
waa  proper  to  he  allowed  for  his  mainl 
for  ihe  future.  That  the  said  Master,  hai 
proceeded  to  take  an  account  ol^  the 
tator^s  estate,  tt  appearetl,  that  to  m 
1  do  not  remetnher  any  thing  of  '  was  raised  by  the  sale  of  Bank  and 

stock,  and  broug  ht  before  the  IVIisler,  as 
€d  to  5,985(.  Ss.  4d. ;  one  moiety  wberecf,  aD« 
payment  of  her  share  of  the  costs  of  the  fittil,li^ 
longs  to  the  plainiitf  Elizabeth  Jones,  and  hii 
been  accordingly  paid  tu  her ;  and  the  nAtt 
moiety  ticlon^s  to  the  pi  aintifl' Jonathan  J  oner, 
and  is  now  in  the  hands  of  Mr.  Edwards^  sm 
of  the  Masters  of  this  Court,  who  fuocMll 
the  said  l^lr.  Dormer,  and  to  wboni  the  fdih 
encc  in  tbi>i  cause  hath  been  transferred.  Hat 
the  plaintiff  Jonathan  Jones,  hath  now  attaioii 
bis  age  of  31  years,  as  by  affidavit  and  certii* 
cate  appears,  and  is  entitled  to  receire  ba 
moiety  of  the  said  moni^,  after  deduction  d 
hts  share  of  the  said  costs.  And  having  ciB» 
tracted  some  considerable  debts  for  his  msii^ 
tens  nee,  and  otherwise,  daring  his  iofaocy.  iir 
which  he  is  threatened  to  be  arrest^,  in  oat 
the  said  debts  are  not  s|)eedilv  [>aid  :  It  wif 
thcreforo  prayed,  that  Uie  said  Blaster  ma/, 
out  of  the  monies  in  his  hands,  pay  to  the  plaio- 
litf,  Jonathan  Jones,  the  sum  of  400/.,  whicfc 
upon  reading  th«  said  athdavu  and  certificileT 
Elizabeth  Jones,  and  the  defendant,  Wise,  wbs 
consented  thereto,  and  the  couose]  for  ibe  6t^ 
fendant,  Jctt,  who  did  not  oppose  the  payi 
thersof*,  ts  ordered  acccordingly." 


1 


'« Jo  vis  octavo  Die  Martii  Anno  R«gni 

Georgii    Regis    octai'O,    inter   Jonathaft' 

Jones  et  Eliza'  J<»ne4  Qner^,  Tbonta'  J# 

Arm'  et  Hetru*  Wise,  DefcodeotM. 

'*  Upon  opening  of  the  matter,  this  presrfi 

day,  txnto  the  right  honourable  the  Lord  Hifk 

Chancellor  of  Great  Britain,  by  Mr.  Serjeant 

Cheshire,  being  of  counsel  lor  the  plaintiil 

Jonathan  Jones^  in  the  presents  of  Mr,  Ketls- 

bey,  of  counsel  for  the  Tdaiutid^Eli^abeili  JnQts, 

and  tor  the  dt'tiudaot  Wise :    It  was  all«giril« 

thut  Jonathan  Jones,  deceased,  father  of  tl» 

plaintiff  Jonathan  Jones,  and  biisband  ofliv 

plaintilf  Elixab«ih  Joaes^  by  hh  will,  deviwl 


fm  High  Crimes  and  MUdcmeanort*  A.  D,  1725«  [99*3 


moiety  of  \\\%  asut^  (which  waj»  wholly 

~~    J)  after  pmynii^nt  of  his4)ebt5  And  fiitjc-mi 

m^  lo  Ine  pbintitf  Elizabetli,  siad  tlie 

Moiety  to  i\%^  fiUitiliif  Jooalhao  Jones^ 

he  Knouhl  atiaiD  his  age  of  21  years,  to- 

r  With  the  proiluce  thereof;  sod  made  tlie 

ipDdants,  Jelt  and  ^Vi^e,  ejtecutors  to  trust 

he  iaid  |daimitTii;  aud  the  aaid  defendants 

prored  the  uiid  will.    That  the  plaiuUtfii 

^ibited  thetr  bill  into  I  his  Court  agatust  the 

nta,  to  have  an  accouul  of  the  said  ieS' 

&,  and  a  peribrmauce  of  his  will, 

on  the  hearing  of  Uie  cause,  it  was  re- 

0  Mr.  Dormer,  »heo  one  of  the  Masters 

|Court,  to  take  an  account  of  the  said 

r*s  estate;  and  the  surplus  (hereof,  after 

Ittucttons  therein  menuooedg  was  to  b« 

fideil  iato  raoieiies ;  aiid  the  plaintiff  Eliza- 

ll*tf  moiety  was  to  be  forthwith  asaiiirtied  to 

r;  and  the  other  moiety  was  to  he  placi^d  out 

yuierest  by  the  said  Ma!iter  for  the  aaid  in- 

oelit,  T hat  the  said  Master  bafingpro- 

I  take  an  account  of  the  said  iestator'a 

y  it  appeared^  that  so  much  was  raised  by 

je  of  tlie  Bank  and  S<iuth  Sea  stocks^  and> 

^aght  before  the  said  Master,  as  amounted  to 

3,906/.  Zi,   4d,^  one  moiety    whereof,    after 

tfftycDCDt  to  the  plaiotifi"   Elizabeth    Jones's 

^Kre  of  the  costs  of  this  suit,  belonged  to  her, 

^■^^d  been  accordingly  paid  to  her ;  aud  the 

^^^Buoiety  belooging^  to  the  plaintiff  Jona- 

^^^BoneSf  and  wa«  in  the  hands  of  Mr.  Ed- 

wardtf  0R«  of  the  blasters  of  this  Court  (who 

jttcc^eded  the  said  Mr.  Dormer.)    That  the 

Mntifff  Jonathan  Jones,  has  attained  the  ag-e 

il  years,  as  by  certificate  and  affidaTit  ap- 

ir«i  aud  is  entitled  to  receiie  biM  tnoiety  of 

\  Sftid  oioney,  alter  deduction  of  his  share  of 

'I  costs:   and  he  had  contracted   for  a 

the  army,  which,  wiih  his  equipage, 

Douut  tii  2,000/.,  which  he  is  advised  will 

rery  ndraj>taj;pous  for  him  to  purchase; 

I  tlicrefore  it  \^  uk  prayed,  that  the  said  Mas^ 

may  pay  to  the  plainliff,  Jonathan  Jooe«, 

of  the  money  in  hi^  hands,  a  sum  not  ex- 

2,000/.,  to  lie  laid  out  in  the  purchase 

a  Co  Hi  minion,    and    for    oihcr    purposes « 

I,  and  upon  liearing  of*  the  plaintiff, 

J  ones,  and  defeiidaja  \Vi»t^*s  counsel ; 

1  bearing  an  affidavit  of  notice  of  this  motioy 

tii  the  iiefendant  Jelt  read^  and  what  waa  alleg- 

«4  by  the  c«)iMi«iel  on  both  ntde* ;  it  ia  orderud, 

that  the  iiaid   Master  do,  out  of  the  money  in 

Itw    haodn,  pay  untii  the  plaintiff,  Jonathan 

Jonas,  Uie  sum  of  a,0O0/. ;  the  plamtiff,  Eliza- 

k«tli  Jorrr'  -ir\-^  the  defendant  Wise,  having  sub- 

%eriht:i!  liter's  book,  signify ing  their 


^JoTiii  quinto  Die  Julii  Anno  Regni  IVni  Geor- 

|b     ffit  liegii  octavo,  inter  Jonithau'  Jonea  et 

(     Bhsa'  Jooea^  Qtier\  Thoma'  Jett  Arm' 

at  Prtru*  Wise,  Deleodentev. 

<*trf>nu  opening  of  the  matter  this  ureacnt  day, 

I  lilt  nckl  hotioorable  the  Lord  H  igh  Chan- 

of  Great  BfiUiti,  hy  Mr.  ^rjeant  Che- 

r  coiuml  for  liio  plainti^,  it  wia 


alleged,  that  Jonathan  Jones  <lecea^d,  father  of 
the  plaintiff  Jonathan  .looes,  and  husliHnd  of 
the  plaintiff  Eli^abeth  Jones,  by  his  will  de- 
vised one  moiety  of  hi  a  estate  (which  was 
wholly  personal,)  after  paymi^nt  of  hi$  drbli 
and  funeral  expences,  to  the  plaintiU'EUzabelh, 
and  the  other  moiety  to  the  plaintiff,  Jouathaii 
Jones,  when  he  shoidd  attain  his  age  of  *ii 
years,  together  with  the  produce  thereof,  and 
made  tlie  defendants,  Jett  and  Wise,  execuioro 
in  trust  for  the  said  plaintiffs,  and  the  said  det^o^ 
dants  duty  i»ru?ed  the  said  wilK    That  the  [tlain- 
lifTs  exhibited  their  bill  into  this  Court  against 
the  defendants,  to  have  an  account  of  the  said 
testator's  estate,  and  a  performance  of  his  will ; 
and  upon   the  bearing  of  the  cause,  it  was  re- 
ferred to  Mr.  Dormer,  tlien  one  of  the  Masten 
of  this  Court,  to  take  an  account  of  thv  said 
testator's  estate ;  and  the  surplus  thereof,  aAer 
the  deductions  therein  mentioned,  was  to  be 
divided  into  moieties,  and  the  plaintiff  Eliiea' 
beth's  moiety  was  to  be  forthwith  asaigneil  to 
her,  and  the  other  moiety  was  to  be  placed  out 
at  interest  by  the  **aid  [blaster  for  the  said  in* 
farit^e  benefit.     That  tlie  said  Master  having 
proceeded  to  take  an  account  of  the  said  testa- 
tor^s  eaialei  it  appeared  by  several  certificates 
from  the  said  Master,  thai  so  much  there*>f 
was  raised  by  the  sale  of  the  Bank  aud  Soutti 
Sea  stocks,  and  brought  before  him,  as  umoiinl- 
ed  to  5«985/.  3jr.  4d. ;  that  oue  moiety  thereof, 
afterpayment  of  tlie  plaintiff  Elizabeth  Jones** 
share  of  the  costs  of  this  suit,  hath  been  in 
pursuance  of  several  orders  of  this  Court  paid 
to  her,  and  the  other  moiety,  which  belonged 
to  the  plaintiff  Jonathan  Jones,  was  paid  over 
to  Mr,  Edwards,  one  of  the  Master;*  of  this 
Court  (who  succeetled  the  SHtd  Mr.  Dormer.) 
That  the  plaiutiff  Jonathan  Jones,  having  at* 
tained  his  age  of  ^1  years,  aud  being  entitled 
to  receive  hts  moiety  of  the  said  money,  atler 
deduction  of  his  .sliare  of  the  said  costs;  and 
be  having  contracted  for  a  post  in  the  army, 
which,    with    his    ei^uipage,    will   amount   to 
2,000/.,  he  dill,  on  the  blh  of  ]>l»rch  last,  apply 
to  the  Court  for  that  mouey,  and  it  was  then 
ordered,  that  the  said  Master  should,  out  "t  ihc 
money  in  hi^  hand»,  piiy  unto  the  plaintiff,  Jo- 
iiathan  Jones,  the  sum  of  9,000^.,  the  plaintiff 
Ehzaheth  Jones,  and  defendant  Wise,  liavin^ 
subscribed  the  Register's  book,  signify  tug  their 
consent    thereto ;    that    pursuant  to  the  emid 
ortler,  tlie  said  Master  paid  the  said  i,00i>/.» 
and  there  nuw  remaining  in  his  bunds  ot  the 
plaintiff  Jonathan   J^lc^es's  share  of  the  said 
money,  al*out  the  sum  of  649/.     That  the  ^aid 
plaintiff  Jonathan  Jont-s,  bavin;:  pncseni  ocru^ 
sion  tor  the  said  money,  hath  eJCi*rHit«*d  a  ktter 
of  attorney  lo  the  plaintiff  Eli/aUeih  Jones,  liia 
mother,  datod  the  25th  day  of  May  last,  cm* 
powering  her  to  receive  all  monies  due  to  hita 
from  the  said  Master,  and  the  interest  thereof^ 
for  the  purposes  therein   tuenti«ne<L     It  wma 
therefore  prayed,  that  the  *ia»d  Master  itiay  pay 
to  the  said  idaintiff,  Elizabtth  Joq«s,  toe  r«s* 
maioder  of  thu  money   wlwch  is  in  his  handa, 
Wlooging  10  the  said  Joaathan'a  a|»aro»  pur- 


I 


999J 


10  GEORGE  L 


Trial  <fthe  Earl  of' Macdesfleld^ 


[1000 


suant  to  the  letter  of  attorney  executed  for  that 
purpose,  which,  upoa  hearing  of  Mr.  Horse - 
ley,  of  counsel  for  the  defendant  Jett,  and  what 
was  alle^d  on  both  sides,  his  lordship  held 
reasonable,  and  doth  order  the  same  accord- 
ingly." 

*<  Sab'ti  Ticesimo  secundo  Die  Decembr*  Anno 
Retpii  D'ni  Georffti  Regis  nono,  inter 
Prideaiix  Sutton  Cler'  et  Anna'  Uxor'  ejus 
Mercy  Sheldon  8pin«tr'  et  Egidiu'  Lanr- 
rence  gen'  Extor'  Winifred  Sheldon 
Spinstr'  Defunct'  Quer',  Eliaam  Cbitly 
et  Joh'tim  Russell  et  al'  per  Billa'  ad  re- 
▼if  end'  et  Supplement'  Defend'. 

Whereas  the  defendant  Elizabeth  Chithr,  on 
the  11th  of  this  instant  December,  prentrretl 
her  Petition  to  the  ri^t  honourable  the  Lord 
fiiirh  Chancellor  of  Great  Britain,  shewing, 
that  the  plaintiff  and  Winifred  Sheldon,  since 
deceased,  having  executed  their  bill  foranac- 
<H)unt  of  the  e*tatc  of  Ualph  Sheldon,  who  died 
in  the  East-  Indies ;  and  to  have  their  shares 
and  proportions  thereof,  pursuant  to  his  will ; 
it  was  on  (he  hearing  of  this  cause,  the  38th  of 
May,  1715,  declared,  that  the  defendant, 
Elizabeth  Chitty,  was  entitlcl  to  one  third  of 
the  said  estate,  under  the  will  of  the  testator 
Sheldon,  her  secoud  husband,  in  her  own  right, 
and  to  a  moiety  of  ihe  other  two  thirds  in  right 
•f^  or  as  surviviug  the  children  she  had  by  the 
said  Sheldon,  who  were  dead,  and  that  the 
other  moieiy  of  the  said  two  thirds  belonged  to 
tlie  plain lifu,  or  those  whom  they  represented 
and  decreetl  the  same,  afler  just  allowances  to 
he  naid  and  distributed  accordingly  ;  and  sir 
Robert  Nightingale,  hart,  since  dead,  having 
l>y  his  answer  admitted  to  have  in  his  hands 
10,470/.  3*.  (3c/.,  part  of  the  testator's  es- 
tate: it  was  oriiered,  that  he  should  carry 
10,000/.  thereof  before  Mr.  Dormer,  then  oue 
nf  the  Masters,  tu  be  by  him  placed  out  at  in- 
terest on  government,  or  such  other  security 
as  he  should  approve  of  fur  the  benefit  of  the 
parties  to  whom  the  said  should  belong.  lu 
pursuance  whereof  the  said  Robert  Nightin- 
gale carried  the  said  10,000/.  before  the 
said  Master,  who  placed  the  same  out  at 
interest,  and  ou  the  2Dth  of  July,  1719, 
though  the  said  10,000/.,  with  the  interest, 
which  had  been  received  by  tbe  said  Master, 
amounting  to  11,359/.  la,  3d.,  the  said 
Master,  by  his  report,  certified,  that  he  had 
placed  11,300/.  part  thereof,  out  on  the  land- 
tax,  for  tlicycar  1719,  at  4/.  per  cent,  and  that 
the  59/.  75.  Sd.  remained  in  his  hands ;  that  on 
the  3d  of  Angust,  1730,  the  plaintiffs,  by  Pe- 
tion,  applied  to  his  lordship,  that  the  Master 
might  pay  them  some  money  to  carry  on  this 
cause,  and  tor  their  other  '  occasions ;  upon 
hearing  whereof  they  were  order«^d  600/.  out  of 
the  money  in  the  Master's  hands,  which  Ihev 
Lave  received  accordingly.  Thit  the  defend- 
ant Elizabeth  Chitty  had,  ever  since  tbe  death 
of  her  late  husband  Josiah  Chitty,  wanted 
mooe^',  not  only  lo  deteud  the  said  Gause«  but 
also  tor  her  aupporty  aad  other  lUc—ary  oc- 


casions, and  tfiat  neither  she,  nor  her  late  hus- 
band, had  received  any  part  of  tbe  priadpal  or 
interest  before  the  Master,  nor  au;  other  part  of 
the  testator's  estate,  except  some  jewels,  which 
were  delivered  up  by  the  trustees  of  the  tes- 
tator's will  in  India  to  her  and  her  late  hnaband, 
which,  or  the  greatest  part  thereof,  sheclaioied 
as  her  paraphernalia,  but  that  she  had  no  bene- 
fit or  advantage  thereof,  her  husband  having 
sold  and  disposed  of  them  in  his  life-time.  ^ 
Therefore,  and  for  that  the  monev  in  the  haodi 
of  Mr.  Edwards,  one  of  the  Masters  of  thii 
Court,  who  succeeded  the  said  Mr.  Dormer  in 
his  office,  were  considerably  encreased  by  tki 
interest  which  had  been  received  by  him,  lad 
for  that  the  said  Mrs.  Chitty  was,  as  aforeoii 
entitled  to  two  thirds  of  the  said  tesUtor'sestil^ 
except  what  should  be  decreed  thereout  to  ke 
children  by  her  first  husband,  who  were  «• 
titled  to  ouo  moiety  of  their  father's  eiliie, 
which  was  possessed  by  the  said  Ralph  ttd-  I 
don,  and  for  that  she  was  obliged  to  naimiii 
them,  it  was  prayed,  that  the  said  Mr.  E^ 
wards  might,  out  of  the  money  in  his  bandiiUi 
which  should  be  paid  in  upon  the  coming  ia  d 
any  of  the  secunties  taken  for  the  same,  pay 
unto  the  defendant  Mrs.  Chitty,  such  sun  ef 
money  as  his  lordship  should  think  fit,  to 
enable  her  to  carry  on  the  said  cause,  and  fcr 
her  immediate  support,  and  other  occanoBs. 
Whereupon  all  parties  were  ordered  to  attcsd 
his  lordship  on  the  then  next  day  of  Petaiooa 
And  whereas  the  said  plaintiffs,  on  the  18lb 
day  of  this  instant  December,  also  prefaiel 
their  Petition  to  his  lordship,  shewing,  inter  s/*i 
that  they  were,  through  their  great  occaM 
for  money,  forced  to  apply  the  greatest  part  of 
the  money  ordered  them  as  aforesaid,  lowsidl 
tiieir  support ;  and  that  the  said  cause  had  beeo 
long  depending,  and  very  expensive,  and  «•• 
likely  to  under^ro  great  travail  before  the 
said  Master,  before  the  said  account  cooM 
be  taken,  so  that  they  had  great  occsMS 
for  more  money,  not  only  to  carry  ou  tb« 
said  cause,  but  also  for  their  suppiirt,  and 
other  necessary  occasions  ;  and  therefore  pray- 
ing that  the  said  Master  might  alM>  out  of  the 
monies  in  his  hands,  and  which  should  be  ^ 
in,  upon  coming  in  of  any  of  the  secanlis 
taken  for  the  same,  pay  unto  the  plaintiiTs,  or 
their  solicitors,  such  sums  of  money  ss  to 
lordship  should  think  fit,  to  enable  them  to 
carry  on  the  said  cause,  and  for  their  immeiliitf; 
support  and  other  occasions ;  and  the  mattrr  of 
tlie  said  Petition  being  ordered  to  come  oa  with 
the  defendant  ChittV s  Petition  ;  and  cnuo^ 
on  both  sifles  this  day  attending  accordingly* 
Whereupon,  and  upon  hearing  both  the  aw 
Petitions  reail,  and  what  was  alleged  by  ilM 
counsel  on  both  sides,  his  lordship  doth  ordtfi 
that  the  said  Mr.  Edwards  do,  out  of  the  money 
in  his  hands,  pay  unto  the  defendant,  .Mn. 
Chitty,  tlic  sum  of  600/.,  and  also  uuta  the 
plaintiffs  100/.  a  piece ;  and  it  being  now  il- 
Jefifefl,  that  John  Wyvill,  esq.  having  exhibits^ 
his  bill  against  the  said  Giles  Lawrence,  f* 
payment  of  a  legacy  of  800/«  be<|ncHlwJ  ti 


Jut  High  Crimes  and  Misdemeanors. 


A.  D.  17«5. 


[1009 


Ihe  will  of  the  said  Winifred  Sheldon: 
II  the  hearing'  the  said  cause,  the  1st 
>ecember,  1721,  decreed,  that  the  said 
'vill  should  be  paid  the  said  leiracy  and 
together  with  the  costs  of  that  suit, 
le  assets  of  the  said  Ralph  Sheldon.  It 
T  ordered,  that  the  saiil  Master,  do  cot 
loney  in  his  hands,  pay  the  plaintiff, 
ce,  the  further  sum  of  300/.  to  enable 
fttisfy  the  said  decree." 

Lutwyche,  Pray,  shew  Mr.  Edwards 
■ders.    [The  Orders  shewn  to  Mr.  Ed- 

Mtwyche.  My  lords,  we  desire  that  Mr. 
i  may  be  asked,  whether  he  hath  paid 
ley  in  that  caose  ? 

rdt.  Here  are  two  causes,  which  is  it 
in,  that  of  Jones  and  Jctt? 
Mtwyche.  Yes,  that  of  Jones  and  Jett. 
rdt.   The  money  ordered,  by  those  ae- 
lers,  hath  been  |>aid  by  me. 
Mtwyche.   I  desire  to  know,  whether 
vardscan  inform  your  lordships,  whe- 
the  whole  money,  or  but  in  part  ? 
rdi.  It  is  the  whole  money  in  ihe  cause. 
Mtwyche.  I  desire  he  may  he  asked, 
the  money  was  paid  out  of  Mr.  Dor- 
ects,  or  out  of  his  own  ? 
rdt.  Out  of  Mr.  Dormer's  effects. 
Macclesfield.  My  lords,  Mr.  Edwards 
mistaken,  please  to  put  the  orders  in ; 
three  orders  in  one  cause,  and  one  in 
\  I  desire  to  know,  whether  in  both 
tie  whole  money  was  paid  out  ? 
rdt.  In  that  between  Jones  and  Jett, 
le  money  was  paid  out ;  in  the  other, 
Sutton  and  Sheldon,  the  whole  was  not 
t  only  part. 

Peneeily.   We  l>oi^  leave  to  ask  Mr. 
I,  wnethcr  he  did  not  pay  the  whole 
ordered  by  those  several  orders  ? 
rdt.  Ye<},  niy  lonls. 
Mtirpche.    Mr.  Edwards  did  tell  your 
i  before,  that  all  the  money,  aitsin^  by 
mer's  c  flcnns,  was  paid  out  and  gone. 
Penf:illy.    My  lords,  we  have  jfonc 
these  three  Articles  that  have  been 
and  we  shall  call  no  more  proof  to  them. 

tlie  House  ailjourned  to  Monday  next 
ekK:k  in  the  forenoon. 


The  Fourth  Day. 
Monday^  May  10. 
(Orda  being  seateil  in  their  House,  and 
mgen  heinq^  come,  and  the  Earl  sitting 
ol,  as  before,  and  his  counsel  and  soli- 
the  bar,  the  Serjeant  at  arms  niade 
itm  for  sitence,  as  also  another  pro- 
B,  that  all  persons  concerned  were  to 
tiee,  that  Thomas  earl  of  Macclesfield 
n1  open  bis  1'rial,  anil  they  mi^^ht  come 
m&K  to  make  gooil  the  Charge. 

J^Ki^g.  GeatlmiieQ  of  the  House  of 
It,  you  nay  proceed. 

4 


Mr.  Plummer.  My  lords,  I  am  comraanded 
by  the  Commons,  to  assist  in  maintaining  their 
Impeachment  against  Tliomas  earl  of  Maccles- 
field ;  and  when  1  consider  how  necessary  it  ie 
for  the  honour  of  his  majesty's  government, 
that  an  impartial  examination  should  be  made 
into  the  behaviour  of  this  Earl,  while  he  en- 
joyed the  high  office  of  Chancellor;  1  am  per- 
suaded, that  every  goodsubject  must  with  plea- 
sure observe  in  what  manner  this  prosecution 
is  carried  on  ;  it  must  be  a  satisfaction  to  them, 
to  see  the  Commons  placing  a  confidence  in 
your  lordships*  justice,  and  proceeding  in  the 
legal  parliamentary  method  by  impeachment, 
and  your  lordships  meriting  that  confidence, 
by  laying  aside  all  useless  ceremonies,  and 
making  the  prosecution  practicable  and  easy. 
A  harmony  between  the  two  Houses  of  Parlia- 
ment always  to  be  wished  for,  and  which  alone 
can  bring  impeachments  to  a  happy  issue,  and 
deter  gnreat  offenders  from  oppressing  their  fel- 
low subjects.       ' 

My  lords,  in  former  reigns,  nrosecutioM  of 
this  kind  have  met  with  other  onstmctions,  and 
the  crown  has  often  interpoeed  its  authority  to 
save  a  favourite  minister ;  but  his  majesty,  who 
has  no  other  views  but  the  welfare  and  hap- 
piness of  his  people,  and  who  is  always  atten- 
tive to  their  interest,  was  the  first  who  took 
notice  that  the  earl  of  Macclesfield  had  abused 
the  trust  and  confidence  reposed  in  him.  And 
who  can,  without  the  deepest  sense  of  grati-. 
tude,  consider  the  conduct  of  his  majesty  in 
this  afiiiir,  who  immediately  dismissed  him  his 
service,  and  Icll  him  to  the  justice  of  an  in- 
jured nation  ?  And  the  earl  of  Macclesfield 
himself  will  have  this  advantage  by  it,  that  his 
name  will  be  delivered  down  to  posterity,  as  a 
monument  of  his  majesty's  paternal' goodncM 
to  his  people.  The  immense  liberalities,  the 
great  honours,  the  high  dignities  conferreid  on 
him  by  his  majesty,  will  te  so  many  marks  of 
his  royal  munificence  to  the  Earl,  wnile  he  ap- 
peared to  be  his  worthy  and  faithful  servant. 
And  posterity  will  with  due  veneration  observe, 
that  neither  the  greatest  favour,  the  nearest 
access  to  his  sacred  i»erson,  nor  any  former 
merits  towards  himself,  and  his  royal  fiimily, 
could,  in  his  majesty's  reign,  shelter  the 
highest  officer  of  the  crown  from  justice,  who, 
presuming  on  those  advantages,  would  venture 
to  oiipress  his  majesty's  lo}ai  and  faithful 
|ienpie. 

My  lords,  the  particular  province  assigned 
me  m  this  prosecution,  is  to  make  good  the 
Eighteenth  Article,  wherein  I  shall  have  the  as- 
sistance of  a  gentleman,  wlio  will  amply  sup- 
ply all  the  defects  or  omissions  I  shall  ue 
guilty  of. 

As  this  Article  has  been  read  by  your  lord* 
ships*  clerk,  I  shall  not  mii -spend  your  time  in  a 
needless  repetition  of  it ;  but  will  observe,  that 
the  substance  of  the  Charge  contained  iu  it,  is 
a  wilful  neglect  of  the  high  trust  reposed  in 
the  earl  of  Macclesfield,  as  Chancellor,  that  he 
did  not  restrain  the  Masters  of  the  High  Court 
of  Cbanoery,  from  trafficking  with  the  suitors^ 


1003] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdesfidd^. 


[1004 


moDej  and  eflfects,  but  did  permit  and  encou- 
rage that  practice,  though  he  was  advised  to 
put  a  ttop  to  it,  and  fully  informed  of  the  dan- 
gers, which  were  then  likely  to  ensue,  and 
which  have  tince  actually  ensued,  to  the  great 
loss  and  injury  of  the  suitors  of  the  said  Court. 

My  lords.  As  this  wilful  neglect  is  highly 
criminal  in  itself,  so  it  is  greatly  as^vated 
by  the  unjust  and  corrupt  fiews  which  induced 
him  to  be  guiltv  of  it,  and  the  pernicious  con- 
sequences which  have  necessanly  attended  it ; 
and,  my  lords,  since  you  have  heard  the  evi- 
dence that  has  been  given  on  the  former  Ar- 
ticles of  the  exorbitant  sums  of  money  which 
he  exacted  for  the  disposal  of  the  offices  of 
Masters  in  Chancerv,  even  afVer  Dormer's 
failure,  we  don't  doubt  but  your  lordships  are 
convinced,  that  he  left  the  Masters  that  un- 
reasonable, unlimited  power  over  the  effects  of 
the  suitors  of  the  Court,  with  no  other  view, 
bat  as  a  bait  and  incitement  to  others  to  pur- 
chase those  offices  (when  vacancies  should 
happen)  at  the  same,  or  greater  prices. 

As  I  have  stated  the  charge  contained  in  this 
Article,  in  as  clear  a  manner  as  I  am  able ;  1 
beg  leave,  my  lords,  to  make  some  observa- 
tions 00  the  £arl's  Answer.  He  begins  with 
an  absolute  denial  of  bis  knowing  iiow  the 
Masters  kept  or  disposed  of  the  money  and 
effects  belonging  to  the  suitors  of  the  Court. 
This  Answer,  my  lords,  was  a  surprize  to  the 
Commons,  as  well  because  such  an  ignorance 
would  have  been  criminal  in  tlie  person,  who 
ordered  such  prodisious  sums  of  money  into 
their  hands,  and  who  should  be  supposed  to 
have  had  some  care  of  the  suitors ;  as  also, 
because  we  have  the  clearest  proofs  imaginable, 
that  he  did  know  it,  and  it  has  already  been 

£  roved  by  the  examination  of  several  of  the 
lasters  before  your  lordships.  But  what 
want  can  we  have  of  proofs  ?  When  the  earl 
of  Macclesfield  himselt  in  his  farther  Answer 
to  this  Article  confessetb  it,  by  saying,  that 
after  Mr.  Dormer's  misfortune,  he  thought  of 
several  methods,  and  several  proposals  were 
made  to  him  by  persons  be  consulted  on  that 
occasion,  to  prevent  an}'  inconvenience  on  the 
like  accident,  for  the  future.  Pray  let  us  con- 
sider, what  was  Mr.  Dormer's  misfortune  ? 
What  was  this  accident?  Why,  truly,  Mr. 
Dormer  had  trafficked  witli  the  suitors'  money 
and  effects,  and  had  lost  near  30,000/.  and 
this  the  earl  of  Macclesfield  knew,  and  this 
made  him  think  bow  to  prevent  such  inconve- 
niencies  for  the  future.  My  lords,  here  is  one 
of  those  inconsistencies  the  Commons  take 
notice  of  in  their  reply,  and  on  which  (without 
any  farther  proofs)  they  might  safely  demand 
your  lordships' jud^ent. 

But  to  consider  his  Answer  farther ;  he  says, 
he  believes  it  will  not  be  held  criminal  in  him, 
not  to  have  established  any  of  the  proposals 
that  were  made  to  him  by  the  persons  he 
consulted  on  that  occasion  ;  some  things  were 
proposed  that  he  thought  impracticable,  some 
insufficient,  and  some  inconsistent  with  that 
complete  regulation  he  hoped  to  make:  the 


objects  he  proposed  to  himself  were,  to  maly 
good  Mr.  Dormer's  deficiency,  to  secure  mt 
suitors  from  any  future  loss,  and  to  make 
several  regulations  relating  to  the  offices  of 
tbe  Masters :  and  he  thought  these  woold  be 
best  done  together ;  nor  had  be  perfected  ths 
scheme  of  any  of  them  to  bis  own  ntisfiutkio. 

My  lords,  1  am  unwilling  to  make  any  ob- 
servations on  this  part  of  his  Answer;  it  is  in 
itself  so  gross,  I  am  afraid,  if  I  took  it  in  uiccei, 
I  should  appear  ludicrous,  which  I  shall  tabs 
great  care  to  avoid  on  so  solemn  an  occasioii. 

But  I  appeal  to  your  lordships,  if  a  penoa 
was  to  read  this  Answer,  who  was  not  se- 
quainted  with  the  times  of  these  occurreoQa, 
whether  he  must  not  imagine  that  the  eari  i 
Macclesfield  had  quitted  tneffreat  seal  witUi 
some  very  short  time  afler  Bfr.  Dormer's  Ai« 
lure?  Whereas  it  has  appeared  to  your  ksi- 
ships,  that  Mr.  Dormer  went  away  from  thit 
office  in  the  year  17  SO,  and  that  the  eari  tf 
Macclesfield^  continued  Chancellor  till  Jaooiry. 
last,  which  is  more  than  four  years  after ;  dv- 
ing  all  which  time  (by  his  own  confessioo)  hi 
knew  the  affairs  of  the  Masters  of  the  Coortif. 
Chancery  to  have  been  in  great  disorder,  sai 
to  have  wanted  several  regulations:  bat,  be- 
cause he  could  not  think  of  a  scheme  perfeedj 
to  his  mind  to  answer  all  his  designs,  ne  there- 
fore has  done  nothing.  This  Answer  must  bi 
left  to  your  lordships'  judgment,  but  I  la 
afraid,  my  lords,  the  letting  the  Masteis  » 
on,  without  any  check,  was  the  scheme  tti 
most  to  his  satisfaction,  and  most  efiectoiQj 
obtained  the  ends  he  really  proposed  to  bia- 
self,  which  were  the  msiking  an  exoristiBl 
gain  by  the  sale  of  their  offices,  which  mart 
have  fallen  in  their  price,  if  a  stop  had  beet 
put  to  their  tradinp^  with  the  suitors'  money. 

My  lords,  he  farther  answers.  That  be  it- 
members  no  proposal  that  he  thought  wooU 
take  it  totally  out  of  the  power  of  the  Hsstai 
to  dispose  of  tbe  securities  or  effects,  or  efleC' 
tually  secure  the  cash.  I  can't  omit  tikisf 
notice  of  the  wording  this  paragraph ;  ami  i 
believe  your  lordships  will  agree  with  ooe,  tbit 
the  words,  *  hetliought,  totally,  and  eflectotllT,* 
are  thrown  in  with  great  caution.  My  lorai^ 
we  think  we  can  prove  to  yon,  that  a  propoiil 
was  made  to  him,  that  would  have  takeo  it 
out  of  the  power  of  tbe  Masters  to  ba?e  dii* 
posed  of  the  securities  and  effects,  and  wooU 
nave  secured,  in  great  measure,  tbe  csib; 
and  this  evidence  the  earl  of  Maoclesfiekl  mart 
be  well  aware  of,  for  he  has  it  in  his  hands  af 
well  as  we ;  and  I  foresee  the  strength  of  bif 
defence,  in  this  point,  lies  in  the  cautiootf 
his  Answer:  but,  my  lords,  if  any  propofll 
was  made  to  him,  which  would  have  curei 
the  greatest  part  of  the  evils  the  Court  b* 
boured  under,  1  am  sure  your  h)rdships  wiB 
hold  it  criminal  in  him  not  to  have  made  SN 
of  it,  and  the  rather,  because  be  substituted  M 
other  in  its  room. 

My  lords,  he  admits  he  took  no  security  d 
the  Blasters,  and  says,  he  was  never  asked  ii 
to  do.    My  lords,  we  will  piort  that  ke  wif 


5^  Jinr  Hig?t  Ormes  and  MUdem^amrs.  A.  D.  1725* 


Cic 


I  «o  (0  do,  and  that  taking  securiiy  wai 
uf  tb(f  proposal  I  have  mentiiuK'u.  lit 
I  place  he  taken  notice  oC  hh  precleccfisom, 
I  (is  h<*  says)  were  wiser  men  thao  himfi<^lf| 
itid  who  took  no  security  of  tlif!  Masters,  My 
lords,  wc  dt»n*t  accuse  his  predecessors,  nor 

PI  we  oblififed  to  jmrtify  them  ;  but  if  I  m^ 
|>ern]ittt!(Tto  ^ve  my  owQ  private  opinion, 
w,  ib^t  if  such  misfortunes  had  happened 
Ml  bis  pi'edece:»siir»*  days,  aod  fiuch  applica- 
bdd  been  made  to  them,  they  were  so 
lh*jr*  woii!d  have  applied  a  [iroper  re- 
ify :  hts  not  doing"  so,  under  these  circura- 
nces,  we  look  on  as  a  ptain  permisvion,  and 
c  encourag'enient  to  the  Masters  lo  traffic 
Dd  employ  the  suitors*  money  for  their 
^  Bfi  and  profit.  And  it  roust  appear  so 
in  A  Ktron^er  lig-ht^  when  your  lordetbips  are 
ao()uai[iti-d  that  Mr.  Lii^btlKmn,  who  is  him- 
•clf  a  blaster  in  Chancery,  was  the  j»er8on  who 
maiie  the  propuital,  and  who  must  (by  tny 
lord's  not  uainn;  it)  plainly  see,  that  my  lord 
was  reaiolved  to  lay  no  restraint  on  them, 
which  might  have  tempted  Mr,  Lighlboan 
^jnifetf  to  have  made  an  itl  use  of  that  povvet: 
ibe  pftjftased  to  my  Lord  Cbanctllor  his 
ncc  of  the  xMagters  abusing  their  trust, 
Dating  the  Kuitors^  efiect!^,  and  desired 
to  put  a  slop  to  (hat  practice ;  so  it 
1  by  hi«  accounts  giren  in  before  the 
that  he  bad  appropriated  the  speciBc 
of  the  suitor¥  to  every  particular 
And,  my  lords*  we  look  oti  it  m  a 
^■ygravaiimi  of  the  crimes  container!  in 
icle»  which  I  hafe  now  (fone  ih rough, 
^  lord  Mace lenHeld  should  continue  to 
liuch  mean,  low  viev^s,  as  were  un- 
oming  a  .Master  tti  Chancery,  when  he  bnd 
^aiaivtance  of  a  Matter,  who  behaved  liim- 
Twith  a  prudence,  integrity,  and  reaolutibn, 
Kdi  would  have  been  becoming  the  Lord 
Wellor. 


Cam, 


I  lortl 


Rib 


\  artif  |i 


lb. 


My  lortls,  it  ia  my  province  to 

p»,ii,......,.  .fjjii  jfcjioke  oefore  me,  iu 

o  of  the  Commons   in 

;:,.;.,     ;,u  h  he  has  opened  with  so 

anil  persjMciuty,  thai  it  is  unnecea* 

nic  to  give  your  lorilsliips  more  trouble 

than  by  uinking  an  ob«»ervaiion  or  two 

oat  material  partn.     The  beginning  of 

le  sets  forth,  "  That  the  enrl  of  Mac- 

Id  very  well  knew,  or  was  informetl  that 

r«  dul,  or  that  it  was  in  their  power 

of,  and  emfdoy  the  fcuitor&*  luoney 

To  which  he  i«J  pteasei)  evasively 

That  he  never  knew  how  the 

^      *  "  ^  of  the  money  ami 

-n»  of  the  Court." 

i,.M  >  1*1  III.,  T>iM  ;.t  idiundanlly  proved, 

manner  the  gentleman    his  already 


r^er«  tt  not,  my  lords,   bo  strong  in 
he  guilt  ii>  me  apn«ar»  self-evident ;  it 
ucb  the   isame   \*hcthrr   he   knew  if,  gr 
it  n«ii ;  his  lordship  may  tiikL<  th«  alter- 
i«<     Wbalt  did  he,  Lord  Cbaiic«l)or,  su- 


preme director  of  the  Court,  llie  great  trusted] 
of  Englnnd  (who  ordered  the  money  into  th<^l 
Mastere*  banda,  who  ordered  it  out  of  thetrj 
bands),  did  be  know  nothing  of  their  powerT 
over  it  ?  Was  he  the  only  man  in  £ogland  that  I 
knew  nothing  of  their  deficiency?  And  if  li#  I 
was,  my  lords^  is  that  ignorance  an  excuse  or  J 
agjgravation  f  Bui  we  t^hall  prove  to  your  lonUT 
ships,  that  he  not  only  was  told  of  this  traffiai 
with  the  suitoni'  money,  but  was  foretold  tht^l 
consequences  of  it ;  the  danger  of  future  los^ef  ] 
was  puioted  out  to  him,  and  proposals  for  pre* 
venting  them  were  given  biua  in  writing. 

And  who  was  it,  my  lords,  that  made  the 
proposals  ?  Who  gave"  him  this  warning  ?  Oi_ 
of  the  Masters  of  the  Court,  one  interested  ia 
the  traffic  of  the  suitors*  money,  a  gamester  i 
the   same    table    with    tlie    impeached  ear}.^ 
Advice  from  aueh  a  hand  must  be  sincere  and 
unsuspected;  noihing  but  justice,  or  a  stroofl 
apprehension  of  their  common  danger,  could 
have  extorted  it  ;  nothing  but  the  Uliudest  ava« 
rice  could  have  prevented  the  compliance  with^ 
it :  but  what  still  renders  this  conduct  mon 
amazing  is,  that  the  impeached  lord  hud  no 
the  adrantage  of  a  single  propotsal  only,  and 
from  a  single  Master  ;  but  of  sevei^l  proposalij 
and  from  several  of  tbero*     Mr.  K\  naston  will 
inform  your  lordships,  *^  That  he  and  c 
Masters  waited  on  the  Lord  Chancellor, 
proposed  to  give  security  in  land,  or  money,  fofJ 
ibeir  cash,  and  to  make  their  trust  leas  b 
putting  the  securities  in  two  Masters'  name 
or  in  the  nam^  of  the  parlies  and  one  of  tl 
Masters;"    with    which    he    then    appear* 
pleased,  though  he  aflerwards  did  iiotntng  itt 
tt,  and  expressed  his  dislike  of  the  proposal. 
Yes,  my  lords,  the  proposal  was  too  reasooabts 
lo  be  refuseil,  and  too  self-denying  to  be  foU^j 
lowed.    So  far  was  the  unfortunate  lord  from  j 
following  it,  or  acting  in  any  manner  cot 
ststent  with  it,  that  soon  aRer  the  failure  < 
Mr.  Dormer,  after  these  proposals  were  mad 
to  laim,  be  sells  the  offices  oi  several  MasterfJ 
at  most  exorbitant  prices.     And  was  this  wha 
my  noble  lord  sets  forth  in  his  Answer,  "  j 
one  of  the  expedients  he  thought  of,  af\er  Do 
roer*s  tnisfortunc,  for  preventing  any  incon* 
venienoe,  on  the  like  accident,  for  the  future  ?" 
Was  this  the  only  method  of  cure  tlie  nob 
€arl  brought  to  such  perfection,  as  lo 
to  put  it  in  pmctieeP 

iSly  lords,  tho  gentlemen  embarked  in  tim] 
same  bottom  with  this  unhappy  lord,  mw  \ 
ship  sinking,  and  proposed  throwing  over-boi 
part  of  their   unjustifiable    gains  to  prctenij 
their  geoeinl  wreck  ;  but  the  impeached  cart  J 
does  not  only  boldly  steer  on  the  same  cotir^ 
but  takes  iu  lading,   more  weight  of  guilt,  i 
not  in  defiance  of  the  danger,  certainly  in  T 
n^lect  of  it. 

And  how,  my  lordsi  do^  bis  Answer  \ 
this  conduct!*     lie  admits  that  several 
posali«  were  o^&de  on  that  oocasiuo  ;  but  **  i 
be  tti  n(»racticiible|  sontc    insufficicftt 

some  1  :    •        .lit  with  that  compiet«  regula.-* 
tion  he  hoped  to  laake.^'    And  Utomife  soogua 


1007] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maedesfidd, 


\ 


frere  iusvfiicwiit,  lome  ineonristait,  and  not 
•iMwcfTOg  the  full  idea  of  perfectiim  proposeil 
by  bis  lordahip,  must  therefore  nothing  be  at- 
tempted ?  Blast  we  have  no  relief,  bemuse  we 
despair  of  an  absolute  cure?  Must  no  remedy 
be  applied  to  a  dyin^  person,  because  it  is  not 
certain  it  will  restore  him  to  bis  perfect 
Blrength  P  Thus  far,  indeed,  is  certain,  it  is 
moch  better  to  do  nothini^,  than  to  continue 
such  methods  as  first  brooght  the  distemper 
upon  him.  We  must  therefore  leave  it  u-ith 
your  lordships  to  judge,  whether  the  incon* 
sistency  of  the  proposals,  with  the  £arl*R  pri- 
vate views,  was  not  the  true  reason  of  their 
being  thought  impracticable  and  insufficient  ^ 
And  what  those  views  really  were,  tlie  whole 
tenor  of  our  evidewse  has,  and  will  shew: 
views  beneath  the  dicrnity  of  bis  high  office, 
and  lar  below  a  member  of  this  august  as- 


nbly. 


course  with  my  Lord  Ghancelldr,  aboot  p 
tl>e  offices  of  Masters  of  Chanecfj  into  a 
regulation  t 

Lightboun,  My  lords,  io  order  to  a 
this  question,  it  will  be  necessary  for  roc 
peat  some  part  of  the  account  I  gave  m 
was  last  at  your  lordships'  bar.  1  thi 
quaiiited  your  lordiliips,  that  in  the  beg 
of  the  summer,  in  the  year  172S,  the  Ion: 
clesfield  having  directed  ine  to  attend  hii 
me  tliat  he  had  heard  1  had  not  oontribui 
500/.  towards  making  up  Mr.  Dormer' 
ciency,  as  the  other  Masters  had  done;  t 
did  not  expecl  I  would  have  stood  out,  ai 
sorry  to  hear  of  it,  as  he  had  a  OKire  psr 
regard  to  my  conduct  ihan  any  of  the  re 
cause  I  was* the  only  Master  «if  his  imn 
choice ;  and  on  his  lordship's  telling  nn 
it  was  first  proposeil  by  the  Masters,  and  i 
his  lordship,  1  told  fiim  1  was  not  will 
comply  with  it,  and  tliought  it  a  daogero 
pedient ;  that  it  might  he  hereafter  lookefl 
as  an  undertaking  one  for  another,  attd  i 


My  lords,  the  Commons  farther  change  this 
imhappy  eari.  That  he  not  only  know,  but 
connived  at,  and  encouraged  this  destructive 

traffic :    and  m  answer  to  this  he  says,  •«  That !  fore  I  would  not  come  into  it ;  and  that  i 
Im  gave  no  permission  nor  encouragement  to  ;  accident  had  happened  to  Mr.  Dormer,  tl 
the  blasters  of  the  Court,  to  employ  or  traffic  i  might  happen  again  to  others,  and  mil 
with  tiie  suitors'  money."     We  have  shewed 
your  lordships  he  knew  it,  and  knew  it  in  the 
most  afiectittg  manner,  by  the  rain  it  had  pro- 
dneod.    We  need  not  sltew  you  that  he  had 
power  to  prevent  it.    And  surely,  my  lords,  to 
Know  it,  and  not  prevent  it,  in  his  situation,  was  ! 
to  permit  it.    And  as  his  not  preventinsf  it  was  ! 
a  permission,  so  his  czamide  was  an  ennbursge- 
roeot.    And  when  the  Masters  saw  him  (the 
greatest  object  in  tlie  compass  of  their  view) 
taking  ever)'  indirect  nfeeih<Hi  to  make  the  mcst  | 
of  his  high  office ;  sure,  they  must  think  tb&t  ' 
eflcample  (joined  to  the  necessity  be  hiraselt' ; 
kid  them  under  by  the  exorbitant  prices  he 
exacted)  a  sufficient  enconr4£;ement  to  autlio-  i 
rize  them  in  the  like  practices  in  theirs.    The  : 
examples  of  great  men^  my  lonls,  are  encou- 
ragements: aud  the  assembly  I  see  betb:-e  mi  I 
is  an  illustrious  proof  they  oiisfht  to  be  so,  and  i 

will  do  honour  to  those  who  follow  them :  and  i  askel  me  in  i^hat  manner  it  was  thai  1 
from  the  infincnce  those  examples  liare.  and  '■.  poseil  the  ?uiiors  should  lie  madt{i»at'e:  1  txi 
ouffht  to  ha«e  o%er  the  rest  of  mankind,  it  has  j  iord»J:ip  inM  1  appreiiendeil  it  w.)s  impo 
been  supposed,  that  the  ouly  passage  to  honour  ;  to  expect,  that  the  M^surs  could  i^ive  a 
was  through  the  temple  ot*  virtue;  but,  my  !  rity  adequate  to  Mi-h  a  \:m>\:  that  there 
lords,  though  there  be  but  one  passa<>e  to  it,  ■  many  iu^taoce^  1 1'  irr^'at  officers,  whove 
there  arc  many  from  it ;  aod  so  many  are  the  '  was  so  ^^t-ui  as  to  be  ab  ivc  giving  amp! 
frailties  of  human  nature,  that  the  buildinc:  curity,  paftjn.larly  the  leliirs  of  the 
would  be  imperfect,  without  a  back-door  to  let  '  chfqutr,  n::*!  i\m  tre^^tsrers  of  the  SoutI 
out  whatsoever  sullies  or  pollutes  it :  A  door,  my  '  aud  Ldst-Icdia  cjmpaaies :  but  if  a  comj 
lords,  voar  ancestors  ba«e  opened  to  form«- '  security  %Tc.e  uken,  and  such  I  apuitbi 
Lord  Chancellors.  |  michi  be  ^i^^n,   I  huped  it  would  answe 

But  we  shall  call  our  eridence,  and  sitbroit  <  iottMU,  aud  ^i\e  Kiiiadjction,  since  ampl 
the  whole,  nith  the  irreatest  security  and  satis-  ,  oiiriiy  lor  so  s^roat  trust  coulil  uot  he  expi 
faction,  Io  your  lordships'  judgment. 


tlie  ruin  of  us  all,  if  such  a  constnictian 
putuiion  it.  My  lord  was  pleased  tos 
was  the  only  expedient  lie  couhl  think  • 
making  good  the  deficiency.  I  told  him 
as  much  at  heart  the  doing'of  that  as  any  i 
aud  that  if  a  proper  expedient  could  be 
out  to  pay  Mr.  Dormu-'s  deficiency,  an 
vent  the  like  accidiriu  amoo^  us  for  the  i'\ 
for  puttin;;  the  offices  on  such  a  foot,  th 
Masters  mi:fht  execute  them  with  hone 
the  Court  and  themsel res,  andiiith  saf 
the  suitors,  1  should  be  i^'ad  to  c«»rtribi 
such  reuulaiiocs.  ilis  lordship  said,  he  s 
be^lad  it  ac}-  such  lhir.iz  could  l>etboogi 
and  asked  ir.e,  if  I  could  think  of  any  in 
by  which  that  mii^'ht  be  dune.  1  told  I 
believed  I  had  ;  at  which  he  expressed 
sitisliictior. ;  and  we  beiitjr  then  stao'lin 
lordship  desired  1  would  sit  down.     He 


Mr.  Plummer,  I  desire  Mr.  Lighthaim  msv 
be  called. 

Blr.  Ligktboun  being  called,  appeared. 

Mr.  FiMwtmr.  I  desire  Mr.  Lichtbawi  mav 
jMir  lorAibips,  wkafacr  he  bad  w}  dbs- 


1  ihco  tj'id  iii>  Ijrdship,  that  if  the  cam 
Ml'.  l>oriii' r*>  mi»iotjnes  were  consit 
lh*»\  nouid  :•;•  l"»-?;id  v.*M  only  to  proceed 
iH(minden;v«:  or  i:ii<;ii>;ihc.itiou  of  the  casi 
fi\)m  |K»urr  t^^ti  lut-  s^-iurities  in  his  hi 
tor  thjti  iiH<  M '..  \  I  <ui!d  not  be  so  mud 
the  »«-ct4i«i^'«  .'•utMutitd  to  a  gremlerMa- 
»44>l  it  niifbi  b«  so  J    but  how  to  piiTWl 


^J  ^  ff^S^  Criina  and  MitJemeanors. 


A.  D.  1725. 


[101^ 


wtmU  l>e  glad  to  kaoir.  I  told  Uia  lurdKhirn 
tb«t  if  the  seciiriliet,  for  lh<^  futun^,  vrcii;  to  br 
taken  iu  the  iianics  of  (hu  ftla^ier.  and  one  (Xr 
ore  or  tb<?  |*arties,  lUe  suctoia  would  be  wfe, 
ma  liiCiMibHerved^  but  ub^tberb^'  my  lord,  ar 
i  do  not  rt^mt ruber,  tbfit  an  objetimn  miifht 
to  this  mcihoj,  lor  tbai  if  tiibtr  ilie 
it«r  or  the  pattv  sboiild  die,  the  trust  ivoubl 
lite;  aud  thereby  either  the  Court  lose  its 
rer  over  lUt  ?««curity,  ot  tlie  Mastiira'  sol« 
^er  orer  it  b«  restored  ;  but,  tu  prevcol  thatt 
ro|H>sed  that  thry  might  be  ukeu  in  the 
ne  of  two  or  three,  or  more  of  the  Wasters, 
ii  or  without  the  perwns  interested^  as  the 
^urt  should  think  proper ;  and  that  it  vraa 
(IJy  to  be  imag^ined  lliot  all  the  Mjiatera  would 
tUniv  truat,  and  rink  their  fortuuea  to 
ay  one,  by  aulTenni^  him  lo  traffic  with 
iintics  of  the  Court,  tAktn  in  their  joint 

„ It  espetrially  iJ'carenas  taken,  that  such 

laster  an  vta^  (ooejoineiK  or  be  a  check  upon 
'^''       3Iaater,  ahuuld  have  a  third  lo  be  a 
Dpon  him.     My  lord  Macclestield  oh- 
Tial  there  was  a  ^real  number  oK South- 
I  India  buuils,  am)  other  securities^  P^y* 
be  bearer,  that  coidd  iiol  bt'  iu  the  uarnea 
Eny  oarticular  pei-sonii,  and  so  could  not  be 
iired  ju  that  maiiut-r  ;   aud  (hat  it  would  be 
bhletfouie  to  h^k  them  up*    To  which   1 
pied,  I  knew  no  occasion   for  putting  out 
«y  on  South  Sc^a  or  India  bonds,  or  &urh 
Jfllies,   aince    there   were  olher  securitiea 
pt|  which  iutL>'ht  he  under  a  proper  re- 
j  mini  which  were  not  partable,  but  are 
able  ill  booki  at  the  Bank,  orelsewhr^e, 
I  Hlfickk,  Bank  Anuuilieif,  Civil  List  Annui- 
Fonr  ptrCcul.  Aoiiuiues,  Land  at»d  Blall 
(Jtes,  and  Loliei  v  Oiders,  which   were  as- 
^e  bv  ir.<ii>:%>  :iii  tit ;    bad  that  if  these  se- 
■  Ue  nameiiof  ficverat  |K:r' 
^ible  for  anj  one  j»erw)n 
'  uf  iiietOf  niihcmi  the  knowledge  aud 
{fifalL     My  lord  cxpiesied  peat  satis- 
lit  Ihta  nro]K>sal  ;  and  then  asked  me,  in 
iutier  Mr,  |Kniner*i  dt-hcieuty  would 
pded  for  ?    I  then  acituainted  htk  lurd- 
tjbrro  was  always  a  considerable;  ciwh 
'^    tt^h  hnnd»;    aud  that  if  bomc  part 
jltieed  out  at  »uiere*t,  in  the  immc 
taiers,  it  wouhl  be  no  ir^jury  to  tlie 
,if  ituaiieadv  when  Ciilled  (or;  and 
Auce   wouUl  rut]ie  a  ftuid  lo  pay  Mr. 
I  debt;  und  thai  it  waa  very  likely  the 
fiiif  Trt  .iiiury  inij^ht,  on  such  au  occa< 
ft  uv  the  preti  rcnrt',  and  let  Ui  chuse  a 
irt  ul  the  loiiUH  on  llie  l<in*l  and  malt 
fitiid  ihr  iimni'V  upoti  ;  Uui  if  :«ny  Mhs- 
|«fiy  part  of  ibcMtoney  he  hud  placed 
^cca»ion«  to  an&wer  ihc  nuitor^^  «!r- 
i^ccurittea  Wi:rrf  eaady  converted 
I  wat  on  willing  to  uk  any  eurn 
^Matter  tu  advBOce  ;    hut  heUcre  I  did 
,  or /lUK)/.  lor  1      ■      '  '  ip^'con- 
iad  look  nonce  n  <niouol 

'   iriuld,  lit  uin   nine,  rai^ 
Mil  lo  answer  the  dcfi* 
Ir.  u^i,,.^,.      My  Jord  uiada  sotuv 

XVI, 


doubts;  hut  said,  he  wouhl  be  exccetJioir  irhuM 
to  i^ive  his  assiitancc  ;  but  wuh  ntVaid  lit*  cuiikl  j 
uol  jiroperJy  order  the  stuu  v  to  he  lai4j 

«ur,  but  Tor  their  !»enefit  icy  il  was, 

I  6aid,  I  ihoujfht  that  mii^tu  !>*.  ui»ue  wilhoui 
any  order,  if  hi^  tordrfhip  approved  it,  nud  iha 
\i  ,..♦ ...  .11  (.Qfije  mio  ii.and  pluced  it  out  in  al| 
1  s ;  and  that  at  any  time,  by  dixpos^ 

iL^   1.:  -jc  secuiilv  t^ken  iur  it,  ihe  uiojieyj 
might  be  rai^d,  udcn  wanted*     My  lord  uudi 
some  doubti  whether  It  couhl  wt^tl  be  done;  bull 
^vasi  pteaiied  with  the  pr(»p<xsal :  and  many  othef  i 
thiu^s  were  said,  which  1   cuunot,  at  thi^dls*] 
tauce  of  time,  recolle^:!.     I  hail|  my  lords^  iw6^ 
views  in  il,  but  woiiH  l>e  pt>*ittve  that  1  meo^ 
lioned  them  to  my  lord,  I  api>reheudcd  it  woutii 
not  only  raise  a  fund  lo  puy  Mr,  Doroaer'B  debt  ^  J 
but  that  it  would  divest  each  Masiter  of  th^i 
power  over  5,000^  of   ihe   suitors*  tnouey^l 
which  be  had  iu  Uia  hands,     I  also  took  ootic:<9|  1 
that  if  isome  small  security  was  taken  from  th^  1 
Masters,  but  am  not  lertaiu  llv>*  I  ^'v^tioneil] 
any  sum  ;  but  believe  I  vai^hi  •  and  . 

that  such  a  security,  with  our  oi.-_  ,  _iued  at  j 
about  j,000/.  apiece,  would,  with  Ihe  ruonej^j 
fdaced  out  tor  the  paymenl  of  Mr.  Dormer^lJ 
debt,  be  a  security  tor  the  money  in  our  handa,^] 
were  we  hut  divested  of  the  power  over  the  ae- ] 
curities,  w  hich  was  four  parts  io  tivc  of  tb«  j 
tn]!<t:  and  though  15,000/,  will  not  answer  th^l 
mouthy  which  a  Miuster  tuay  ^oiuetimes  havAf 
in  h(>  hands  ;  yet  whe^e  a  man  give»  a  secu-. , 
rity  for  11  or  iS.OOO/*  heMl  scarce  run  away  Ibr,  ] 
Ciu',000/.  This  i  thtuij^ht  mi^ht  be  of  servico^'  ^ 
to  the  public,  and  desired  my  lord  to  r  ■  '  r 
of  it:    and   his  lordship  stiid,  thai  > 

might  be  jf rafted  on  this  plan  ;  and  d^ ,.... ^ 

to  put  It  tu  writing.     I  told  his  loidikhtp  1  did 
not  know,  wheiJjer  this  sclieme  might  be  ajfrec* 
able  iu  every  body  ;    thai  1  cau»e  into  the  uf* 
fire  but  very  lately  *,  and  timt  it  was  necessary  ' 
lor  me  lo  have  a  good  con^spondcntie  w  tth  my 
biethren  ;  and  that  1  vvus  afraid,  if  it  rihould  bit  I 
known  thut  1  proposed  any  iWm\f  without  their 
privily  1 1  should  Ire  nn^i  more  unkindly  amongf  i 
thein'tJian  I  had  alreiuly  been;    and  therefore  j 
hoped  his  lonisliip  would  out  let  theui  knovf 
that  it  was  my  propuHJil,  tior  shew  ihein  any 
thinij-  ol'  tiitue  iu  wriliot; ;    and  took  my  lea v ft 
of  my  lord  at  that  tlute.     The  other  Miisteri 
knew  I  Imd  been  wi;h  luy  krd  ;    hut  I  did  no( 
c^jmmunicate  ilie  occasion  of  iny  g^oing  to  him^ 
**v  the  pr4>iio!»4d  ;  but  I  sounded  the  i  tsi  r>f  tho  | 
Masters,  how  any  prujHisa)  of  this  kind  Wa4 
a^n%'<ible  to  tliem :   most  tti'  them  were  averse  ^ 
to  it,  puiticularly  thai  of  dtvebtio^  them  of  th^  ! 
secutitics  ;    brvaune  thut  shewed  a  distrust  of  , 
ihem,  und  they  Miid,  would  duuiuish  Lkie  rejpu- 
tatiou  of  the  office.     They  wete  against  pfac^ 
ing  out  auy  such  sum  as  5,000/.  some  were  ra»  \ 
ther  Hiihuif  to  cootribuie  annually,  than  tu  pay* 
such  a  sum  of  titonry  do**n  ;  aud  fiudinjj  thern  , 
oversr  to  tt,  t  was  a  little  cautions  how  I  put  thit  \ 
projKJsal  into  writings    h  w»«ji  neur smooth  be*  , 
fore  I  set  about  it ;  .\nd  then  di«i »(  '"  "    '   ^dlet* 
irr,  in  which  I  took  utttice  in  th«  ihal  j 

it  was  in  obedieucc  to  hia  torJsui^  .  ,^.^,j4ud. 

3  r 


biij 


10  GEORGE  I. 


Triii  of  the  Earl  of  Macdex/UUtt 


[WMt 


Mr.  Plummtr,  I  b<^  pardon  for  inlcrniptitiar 
be  witness  ;  I  dfHtire  be  may  be  a&ked,  if  lie 
lid  not  tend  that  lelter  to  my  lord  Maccles- 
'eUl  ? 

Lighthoun.  I  wrote  a  letter,  to  the  same  pur- 
i>rt  or  efTect  v?itU  what  t  had  proposed,  except 
In  some  uisLances  which  I  found  other  Masters 
ttferse  to,  and  was  cautious  of  carrying  it  too 
far  -,  and  hclieve,  instead  of  5,000/.  to  be  placed 
our,  t  only  mentioned  %QOQl.  or  such  other  sum 
\  shtvuld*  be  agfreed  on.     And  though  I  men- 
oned  ft  larger  fiuni»  when  I  was  with  ray  loriL 
I  and  a  smaller  by  letter,  1  Itft  that  to  my  lord's 
iirectiout  as  his  lurd^hip  should  think  neces* 
ary,     I  don't  remember,  or  believe,  that  I  took 
^l&otice  in  my  letter  of  the  small  security  I  pro- 
ofed to  be  taken,  the  rather,  because  the  W  as- 
ers  difieref]  much  in  their  thoughts  about  that : 
ome  of  tbem  were  for  giving  none  ;    therefore 
^  said  nolhiog  of  it,     I  thought  that  was  my 
Drd's  province  more  than  mine  ;  but  I  stuck 
be  more  closely  to  that  of  placinsr  out  of  the 
^iboDey  for  payment  of  Mr.  Domiet's  drtieiency, 
and  takiuff  the  securities  In  several  Mastei^* 
Dames.     And  wUeti  i  bad  writ  the  letter,  J  sent 
it  to  my  lord  about  June  or  July,  1722,  by  my 
clerk,  who  told  me  he  delivered  it  to  my  ford's 
servant. 

Mr.  Plummer.     I  desire  to  know,  if  he  kept 
any  copy  of  that  letter  f 

Ligktooun.  I  kept  the  original  draughCi 
I  which  1  ajipreheiid  I  writ  the  letter  from.  I 
I  Can't  say  it  is  an  exact  copy  ;  because  in  tran- 
sfer i  bin  g,  I  might  alter  wordls  which  1  disliked, 
ind  put  in  others  ;  and  therefore  1  am  nnt  sure 
bit  is  a  true  copy  ;  it  may  vary  in  fonn,  but  not 
*  I  substance. 

Mr.  Plumtner,  I  desire  he  may  be  asked, 
Vi¥hetber  ever  he  spoke  to  my  lord  about  it,'^ud 
hat  my  lord  acknowledged  the  receipt  of  this 
etter  ? 
Light boun.  My  lartis*  I  think  1  did  say^  in 
rthe  presence  of  some  of  the  Masters,  when  my 
riord  talked  of  taktni^  security  'm  several  Mas- 
rleri^*  names,  that  if  liis  lordshi[»  would  look  into 
tibe  letter  1  writ  to  him  at  such  a  time,  he  would 
vfind  that  proposal  made  :  I  don't  remember  my 
Fiord  made  any  reply,  he  did  not  deny  it.  Dut 
flkot  long  before  CuristmaSt  my  lord  did  mention 
ttbm  letter  lo  me,  upon  this  occasion  :  when  I 
ikfW  ftaming  mj  accompt  before  the  judges  and 
f  ihe  dinectfus  of  the  Bank,  1  had  told  them  of 
I  this  letter;  which  his  lordship,  having  heard 
Lofi  asked  me,  what  I  had  naid  about  it  F  1  told 
ikti  lordshijpi  I  had  arquainted  them  with  the 
I  contents  of  the  letter  I  wrote ;  laya  he,  I  have 
f  lliai  letter  hy  me. 

Mr,  Plummer.  I  desire  Mr.  Lightlwun  may 
produce  the  letter. 

IJghtboun,  My  lords,  I  have  not  the  letter. 
Mr.  Pitimmer,    The  original  draught  you 
^  iQentioD, 

£Mr.  LigbtbouQ  produces  the  draught. ^ 

Mr.  Plumner.  Is  that  your  own  handwriting, 
^ind  Lh«  substance  of  the  letter  you  sent  to  the 
I^rd  Chancellor? 


Lightboun^    It  is  my  tiAndwritiag,  aad  ^ 

substance  of  that  letter. 

Mr.  Plummer,  I  desire  tl  inay  be  raid* 

[Mr.  BaiTy  reads  the  draught :] 

*^My  lord; 
"In  oliedience  to  yotir  commaiids,  I  bereliV 

before  your  lordship  my  thoti^hts  i  '    u- 

fair  you  were  pUasetl  to  meDtioo  isi 

last  the  honour  to  wait  up<iri    ^  M,i»»iiJ 

and  must  own,  that  n  provistrr  itrmaal 

upon  Mr.  Dormer's  ofEce,  Um.^.,.  ^.^wer  «if 
present  |nii'po«e  :  but.  wiih  gr^  aubmiaMe^l 
think  it  concerns  the  honour  of  the  Cutirt  d 
Chancery  to  find  out  some  propes  ts 

prevent  the  like  accident  for  the  U.  it 

bejr  leave  to  obaerte,  that  the  great  liitiiLui:^ 
which  this  gentleman  has  hrt>ifgbt  ttp'^i  v:r 
self  and  the  Court,  proceeds  not  *-  t 

squaudering  or  mitfupplicatiou  fii  >:. 

cash  in  his  hands  (were  that  ai),  ht&  iriktaic  jol 
oflice  would  much  ntore  thati  have  aufwenl 
the  demand^)  but  1  am  afraid  tt  is  loo 
that  his  power  over  the  govemfnent 
that  had  been  transferred  lo,  nr  i—^T-^t.^  |,^|k^ 
him,  or  upon  which  he  had  p  lia*  mi> 

ney  of  the  suitors  of  the  Com  t ,.,  „..^v.^va 


has  been  the  occasion  of  this  ^eat  deficaeiCT, 
which  1  hope  may  be  provided  for^  aiid  Wl 
credit  of  the  Court  retrieved  atid  supports^  fcj 
every  AIa.sier*s  advancing  2,d00i.  orvudiote 
sum  as  sdjall  be  agret^tl  ou,  out  of  the  cask  rf 
the  Court  in  his  hands  ;  wbicti  being  p1a€tl 
out  at  ioieresi,  thi?  yeaily  iocoine  thff tul  i> 
gether  with  the  produce  of  Mr.  Donne t  « rv 
tate,  will  answer  the  demduds  that  mnv  1  --  ^^ 
|>ected  oil  his  succe»((ior  \  and  vvilK  lu  dtu.  unf 
make  good  the  dd>t  upon  the  aliice,  prondii 
the  money  that  has  already,  or  may  herafta 
be  raised,*  from  his  estate,'  or  any  other  vitfi 
for  that  purpose,  l>e  forth nilh  applied  Ii6& 
charge  such  demands  a«  carry  intereat,  or  ll 
inveHted  iu  such  securities  as  have  been  dtspoai 
of  by  Mr.  Dormer,  belonging  to  the  suitofitli 
answer  the  same  and  the  accruing  ioicf«^ 
which  1  ho[ie  ihe  gentleman  that  ttucc«f«is kia 
has  already  i;tken  care  of,  if  d«>|^  tbe  driaa^ 
will  rather  encrease  than  diminifilu 

•*  And  having  before  obflerv<:d.  fn>m  wlws*^ 
this  great  lU^ficiency  has  arose,  I  ).utitiiit  if  li 
your  lordship,  wlitnher  the  teikrng  til  ifiAfrs- 
ment  securities  for  the  future,  in  fbr  n«mf  4 
two  or  more  Masters,  xi  ,  :\§ 

misfortune  hereaf\er  :  ;v  J 

out  to  interest,  lo  raise  a  umim  mr  \uc  psvuMoA 
of  Mr,  Dormcr^s  debt,  to|rcther  wiiti  cnir  «ffioi» 
would,  lo  a  great  measure,  be  a  security'  far 
the  cash  with  vrhich  we  should  Ihsii  ouly  bt 
entrusted. 

**  1  expect  it  will  be  objected,  a««io*l  the  ^ 
posit,  that  some  Masters  tti«y  ooi  at  way «  La*! 
that  sum  in  their  hand"! ;  but  1  will  feutun^t* 
say  ^  it  is  scarce  p?iibab!e  that  can  haiipniii' 
the  money  lie  directed  as  usual,  to  ba  aron^lil 
before  the  Masters,  both  by  yoitr  lordsbip  and 
the  Master  of  the  UoUai  witbtitit  Jifbkk  ibt 


1013] 


Jhr  High  CrtWs  and  Miidemeanari* 


A.D.  i7i;5* 


[1014 


llMtMftciinU  Ibiok  themsetiret  much  btereited 
ta  tk€  eteot  of  >Ir.  Dormer^ff  aJfair. 

«^  II  may  ol&o  be  ol>jecleii,  tlml  the  atteintian 
pnpme^t  iu  the  future  taking'  (fOTerninent  so- 
eQnti«<»,  will  »bew  a  distrust^  anil  cause  reflec- 
ttoRs  upon  lhf>  Masters  ;  but  1  ithatl  tliink  it  a 
liappiuesRy  to  be  ilivetted  ef  a  ^fower  neter  to 
be  umd^  irUkout  the  |j;f«atefti  yiolatioii  of  the 
lru«t  reposed  in  tis  that  can  wdl  be  imagined  ; 
ftnd  1  think  it  evidetitf  thai  tt  had  bfcu  a  much 
^Tcalcr^  if  we  hnit  never  heea  eiiirunied  mih  It ; 
I  Ml4lJithi!iTinatioti  may  Ih^  begun  by  ourselrea, 
iHlliout  any  public  dire<:lion  or  alteration  in  fu* 
tii?e  ordert^  I  Cbtok  it  will  rather  turn  to  our 
rrpulatjon  than  dtHadf  aotage,  and  will  certainly 
mm  tbe  minds  of  the  suitor^,  which  ought  io 
1ttv«  some  oonstderatioQ  in  this  affair.  I  am 
ttDwilliDg  lo  trespass  lonjfer  on  your  lf»rd»«hip*s 
time  ;  but  if  I  have  the  happiness  to  have  of- 
fored  any  thinff  tltoutrht  prHCticable  by  your 
Isbipt  wheti  I  have  the  honour  to  be  admitted 
t  upon  you,  1  hope  to  scitisty  your  lord- 
bat  I  nhdll,  with  pleasure,  contribute,  as 
neu  me,  lo  facilitate  »uy  uodt^rtaking  of 
Ittnd ;  and  that  1  have  as  much  at  heart 
r  iTQpuiation  of  tlie  ulRce  1  had  the  honour  to 
1  in  by  your  lorrlship,  as  any  of  my 
her  Masters,  But  as  we  have  different 
rs,  it  is  not  sorpn^injy  that  we  think  not 
which  makes  me  fear  that  nothing  of 
td  will  l>e  approved  of,  luitess  recom' 
ded  by  your  lordship  ;  and  am,  my  lord, 
■  k>rdsbip*8  most  obedient  servant, 

*^J.  Ligiitboun/' 

Ir.  Piummer,  What  date  is  il  ? 

flAgkibaun*     I  flid  not  expect  when  f  wrote 

*  1 1t<ter,  tliat  1  should  have  been  called  upon 

if 9  any  account  of  it,  and  did  not  put  any 

f  to  it;  but  to  the  best  of  my  knowledge,  i*t 

JoQ«»  July,  or  August,*! 7 22  ;    but  it  is 

drtniiiiatances  I  recollect  that,   rather 

I  horn  tny  iremembrance  1  have  of  the  exact 

fV  iMtm^che.  1  only  desire  that  Mr.  Li^ht* 

recollect  the  time,  when  he  first 

1  lliislo  my  lord  Macclesfield,  and  this 

*  WW  taken  uotioe  of  to  him  f 

ihtbc^in.   Indeed,  my  lords,  I  cannot  do 

[  bdieve  it  wwm  at  t  meeting  of  several  of 

Mlart,Al  my  lord '9  binise.    I  ollen  had 

i  honour  to  be  admitted  to  him,  with  or  with- 

olber  Hasters.      His  doors  and  ear   were 

^  I  open  to  me ;   and  I  was  oftm  trouble* 

i^to  otslonlship:    But   I  cuunot  recollect 

"  ne,  when  this  was  first  inentioneiJ. 

Piummer,    1  think  he  8ay&  the  iVTaslf^rfi 

1  have  diffcnmt  views.     I  desire  be  would 

^11  bimself,  what  he  meant  by  that  f 

|Al5oiin.    I  meant  by  that  to  put  my  lord 

of  what  I  bad  said,  when  I  hatl  the 

itr  Id  be  with  him  last,  when  his  lordship 

that  ibe  proposal  of  a  contribution 

i  llie  two  seiuor  Mastets ;  I  then  said 

was  only  to  akin  over  this 

one  of 


d«tigii 


Idl  tbey  could  get  out  1   That 

AiUmm  ki§  Mdc^ni  ^ib« 


already^  am)  another  was  about  getting  out. 
1  told  bis  lord^bii),  that,  at  1  was  but  lately 
come  into  the  omce,  1  proposed  lo  si^eod  my 
days,  or  wear  myself  out  in  the  service  of  tbe 
Court.  Therefor «s,  thai  tlieir  ilesi|^n  was  lo  ^et 
out,  and  mine  to  continue  in,  Has  what  I  meant 
by  different  views, 

Mr.  Ph muter,  Mr.  Lifrbtboun  hath  given 
your  lordships  an  account  of  his  pro|MMials  and 
arguments  useil  with  my  l^rd  Chancellor ;  1 
deiiire  to  know,  whether'he  used  any  other  iu- 
ducemeoti  to  persuade  my  lord  to  make  liome 
orders  relating  to  the  Masters  ? 

Light houn.  it  was  a  long  time  before  1 
beard  any  more  of  this  affair.  As  they  were 
quiet,  witnout  any  application  to  me  for  the 
50U/,  or  to  come  mto  any  contribution,  which  I 
was  reifulved  against ;  so  i  did  not  think  it  pru- 
dent for  rae  to  make  any  bustle  amongst  my 
l»rethren.  I  thought  1  had  done  my  duty,  1 
had  ffiven  my  opinion  wh<;n  it  wus  re<)uired, 
and  I  did  not  stir  in  it  till  tbe  Masters  abpre* 
bended  themselves  very  much  aggrieveu*  by 
the  vuriiiMon  the  Masltfr  of  tlif  RoUa  was  pleas- 
ed  to  make  in  the  practice  of  the  Conri,  by  di^ 
recting-  all  the  money  of  the  suttors  to  ba 
broug'ht  before  his  usher,  and  sometimes  to  be 
pot  out  by  him  w  ilhoul  the  Masters*  approba- 
tion, which  not  only  di:pi tved  the  Mastere  of 
any  ailvanla^e  from  thence,  but  of  tlioie  feet 
that  were  due  to  them,  on  tbe  receiving  and 
placing  out  at  interest ,  or  paying  it  out  again  ; 
and,  as  I  took  it,  it  no  way  answered  the  end, 
nor  waa  for  the  benefit  or  security  of  the  suitors : 
Because  if  the  trust  was  too  great,  and  the 
suitor's  property  not  safe  iu  eleven  men's  hands, 
much  less  ivan  it  safe  in  the  hands  of  on«, 
Tlierelbre  I  apprehended  there  was  reason  for 
complaint.  On  this  account  we  had  several 
raeeiings ;  1  was  always  ready  to  come  into 
any  representation  to  my  lord,  in  hopes  that 
grievances  of  all  kinds  might  be  looked  into, 
and,  I  believe,  of^en  complamed  to  my  lord  of 
these  matters.  We  went  to  my  Lord  Chan- 
cellor, and  acquainted  him  of  our  grievances  ; 
my  lord  desired  us  to  put  theni  into  writing ; 
we  all  readily  concurred  in  ttiat ;  accordingly 
we  drew  up  our  ct»mplaiots  of  the^^e,  and  other 
encfoacliments  on  our  offices,  by  way  of  n^pre- 
sentaiion,  which  was  delivered  to  my  Lord 
Chancellor,  and  afler  my  lord  had  had  it  lome 
time,  and  nothing  doi^,  we  frequently  im|Kir- 
tuned  my  lord  to  consider  tbe  declining  state  of 
our  offii$ra;  and  1  concluded  that  would  bring 
ibe  mhmr  laatten  00  the  stage,  without  which* 
nothing  effectual  could  be  done.  My  lonl  said 
he  would  have  a  conference  with  the  Master 
of  the  Rolls,  and  the  Masters,  in  order  to  de- 
bate these  matters  ;  and  I  dul  not  doubt,  but, 
upon  that  occasion,  the  deficiency  of  D«rmer*a 
wuuld  come  out,  and  that  something  imght  be 
dime  for  us,  oonsbtent  with  th^  houour  of  tbe 
court,  aiHl  tbe  suitors*  safety.  But  that  con- 
lereoce  was  delayed  ;  ilie  grievances  in  all  re- 
spects grew  greater ;  ^e  gfew  mure  trouble, 
some  to  my  Lord  Chaucellor^  my  lord  thea^ 
i&id  tbcrt  wu  11  neoetitty  of  re«ic«iiitig  all  ib» 


I 


I 
I 


10151 


10  GEORGE  I. 


Triat  of  the  Earl  ofMacdr»fieU, 


[1019 


I ;  Jic  nieiitioneil  the  Mflstf n  giving'  i 
thnt    of  takinji;    tecuritlcn  for    the  I 


irrir?anrr!i 
•ocuril}*,  thrt 
•mitors  III  oilier  ivro|>h?*s  nampfl,  ami  conliniiin;^ 
tin:  >l:Mtpr^  in  the  rnjtiyment  of  their  office^  ns 
tUi*v  had  iiiiefi  to  have'theiu,  antl  Raid  it  would 
be  tifRi  to  do  all  tu^othor.  With  thijc  we  were 
put  olftor  somo  lime,  hut,  od  fiirtlier  solicita- 
tioD,  in y  lord  said  he  uas  now  det(:rmiDefl  to  do 
■ouiethiiHT  in  this  aflair,  and  his  lordship  dc- 
mrcd  a  more  particular  account  of  the  {grievances 
complained  of  by  the  Master;,  nn*(  their  rea- 
sons, and  the  inconveniences  to  the  suitors  that 
accrued  from  the  new  inc^lhrnls,  which  the 
Master  of  the  Rolls  had  turned  the  business  of 
the  Court  into ;  and  thnt  the  matter,  both  with 
respect  to  the  suitors  and  the  Masters,  inii^ht  he 
fully  usderstoofl,  his  lonlnhip  pressed,  thnt 
sometbingr  of  that  kind  might  l»e  drawn  up  in 
writing  and  laid  before  him,  and  he  would  make 
orders  proper  to  make  a  thorough  reformitinn 
in  the  Court :  And  1  remember  hrs  czprcHsion 
to  me  was,  it  would  save  him  much  trouble, 
if  what  was  drawn  up  by  the  Masters  not  onlv 
oontaincd  the  WnnQM  which  they  had  ^rounJs 
to  complain  of,  but  was  put  into  the  form  of 
orders  necessary  to  be  made  for  liim  to  con- 
sider of,  and  alter,  and  add  such  others  as  he 
had  prepared  or  thought  necessary.  And  soon 
aftir,  a  second  representation  was  prepared, 
and  was  delifcred  to  nvy  h»rd.  And  after  his 
lordship  had  had  it  some  short  time  there  was 
a  meeting  at  mv  Lord  Chancellor's,  where  the 
Master  of  the  llolls  and  the  Masters  were  pre- 
sent, and,  at  that  time,  there  was  a  goo<!  deal 
of  discourse  about  the  money.  But  wlicn  tlie 
Blaster  of  the  Rolls  began  the  topic  of  his  ju* 
risdiction,  exclusive  of  the  king's  commission, 
heats  arose,  and  tiitle  was  done  at  that  meet- 
ing. I  think  some  persons  of  quality  came  to 
8|>eak  with  my  loni,  and  that  broke  it  up.  I 
was  soon  afterwards  with  my  lord,  and  I  ankeil 
bis  lordship  what  he  intended  to  do :  He  snid  he 
was  sorry  matters  were  irot  to  that  height,  but 
that  he  lb und  if  the  Masters  would  gire  up 
the  jiisticature,  they  might  be  made  easy  in 
their  demands,  antl  things  put  u|>on  the  old 
foot,  and  the  suitors  made  safe  too.  U|K>n 
lliat  occasion,  1  did  take  the  liberty  to  say, 
if  thci-e  was  a  jmlicial  )>ower  in  the  Masters 
by  virtue  of  the  king's  commission,  as  it  was  his 
majesty's  prerotrHtive  to  grant,  we  coutd  not 
Kive  it  up;  and  that,  for  my  part,  1  would  not 
4!\rhance  or  barter  it  tor  the  custody  of  the 
suitors'  money.  I  believe  my  hml  pro|K)sed,  at 
^  this  meeting,' to  have  hud  the  aiisiNiaiice  of  the 
Muster  of  ihe  Rolls  in  making  these  in- 
tendeil  orders :  and  1  rtcollect,  that  atW  the 
drfetiiicy  of  this  last  ie|>reseniation,  which  I 
war.  {trescnt  at,  I  lieani  that  my  loni  had  shewn 
it  to  the  Master  of  the  Rolls'betore  the  mret^ 
iiig,  whirli  I  took  amiss,  my  lord  desiring  it  tor 
his  own  private  use :  upon  which  1  went  to  him 
in  order  to  withdraw  it,  and  told  him  it  was 
done  in  such  hasie,  that  all  the  Masters  bad 
not  considered  it;  but  nhether  I  uUe^cd  to 
him,  or  he  to  me,  I  don*t  remember,  but  it  was 
9tid,  tliat  it  was  fery  pro|tcr  the  llaiiten  iboiild 


all  kign  it ;  and  I  think  I  carried  it  back  to  the 
Masters,  and  that  we  all  signed  it ;  and  then 
it  was  detivere<l  hack  to  my  lord.  And  1  be- 
lieve, u|ion  the  face  of  that  representation  it 
will  appear,  that  it  was  drawn  up  at  my  Lord 
Chancellor's^rcquest. 

The  first  representation  was  chiefly  cnnfinnl 
to  such  grievances  as  affected  ourselves,  the 
second  is'more  at  large ;  I  don't  know  wbeiber 
his  lordship  will  pro<hico  it.  Some  things  ia 
it  may  seem  to  bear  hani  upon  his  honour,  the 
Master  of  the  RolU,  aud  may  give  offence;  biK 
it  will  be  considcre<l,  that  it  was  written  at  atime 
when  there  were  sfccat  differences  iM-tween  ibi 
Na!«ter  of  the  Rolls  and  the  Mastem :  nay,  I 
think  I  may  say,  the  whole  Conrt  of  Chaneoy 
was  in  a  state  of  war. 

Mr.  Pluinmer.  I  desire  he  may  be  asked, if 
he  ever  laid  before  m  v  LonI  Cbanc^lhir  tlie  Oh 
pectations  of  the  world :  that  he  wouki  refoni 
these  abuses  and  grievances  ? 

Li^hthoun.  1  have  often  mentioned  thilll 
my  lonl,  and  pressed  it  rather  more  and  oAnsr 
than  became  me.  1  was  ashamed  to  be  M 
troublesome,  and  1  was  surpriseil  that  ny  hrl 
did  not  do  something  in  it ;  tlfough  I  soonnMid^ 
and  hare  often  told  one  or  other  of  the  Marten 
and  others,  that  my  lonl  would  do  nothing  ii 
it.  However,  I  contiuue«l  to  |iersevere  in  prw- 
ing  it ;  and  expressly  mentioned  the  gmt  b* 
conveniences  the  Court  would  be  ran  into  ftr 
want  of  a  proper  regulation,  and  with  whstu 
ill  grace  we  could  apply  to  his  successon  tsit* 
dress  these  grievances,  to  case  his  lordship  grc« 
weary  of  the  fatigue  of  business,  and  qurtird 
the  great  seal ;  that  thev  would  tell  us,  we  kid 
long  acquiesced  under  them,  and  that  his  lord- 
ship not  having  so  much  as  looked  into  Ibcaif 
they  would  not  care  to  meddle  or  interiers  ii 
it.  I  pressed  it  home  to  his  lordship,  iid 
thought  he  made  doubts  and  diftieulties  wben 
there  were  none.  Indeed  1  I  bought  in  this  hii 
lordship  wanteil  his  usual  resolution,  and  il- 
most  ventured  to  say  so.  I  know  not  vb^ 
ther  it  is  very  proper  to  mention  it,  hit  I 
did  take  the  liberty  to  tell  his  lordship,  tbH  if 
he  did  not  redress  the>ie  grievances,  unless  af 
lord  Lechmcre  sucoeeded  him,  1  despairrd  m 
seeing  them  settled  on  any  better  foot.  I  hepi 
my  lonl  will  pardon  my  mentioning  bis  name. 

il^>rj.  Peng,  My  lords,  we  hare  done  wiik 
Mr.  Lightboun. 

Herj.  Probyn.  1  desire  he  may  be  askfld, 
when  the  first  application  was  made  by  dM 
Masters  to  redress  their  grievances  ? 

Liffhtboun.  I  really  can't  tell.  I  went  H 
frequently  to  my  lord,  that  I  cannot  disttngoidi 
one  timefrom  another  ;  I  lieliere  other  111*' 
ters  that  went  seldoiiier  (^un  tell  better;  btfl 
believe  it  must  be  a  year  and  a  half,  or  t«f 
ye^irs  ago,  or  more ;  I  cannot  tell  tlie  time. 

Scrj.  Probyn.  I  desire  he  may  be  aifcd, 
whether  there  was  any  second  application,  bs* 
fore  the  representation  was  put  into  writing? 

Lifkibaun.  Immediately  upon  tbe  Mastvif 
the  liolls's  varying  the  method  of  the  Conrt, 
aud  diractiog  tbiie  money  to  be  paid  in  la  Iki 


fo^  Ulgh  Criwn  and  MUdmnennorx.  A,  D,  1725.  f  1018 

!»«ler^i»«nt  i<*  my  l-^vrH  Cliaw^l-        E,  of  Mare*   Whrthir  ther©  Ji«4  not  hefn 
f  ImIicvo  iDiiiit  bi^  before riiriiiimati    Hk<?  «!if#Tfiofiii,  that  the  Usher  should  \%y  jire* 


h**iiefe   Mr,    HoUoiil  remembern  it 
I  that  from  tmn*  tn  Jimf ,  I  hnve  often 
•m  thut  my  LorO  Chft«Cilbr  would  do 

■BW%fi.    I  dp^ire  In  n«k  him,  ivlirn  thut 

l^itef  betttecn  iht*  tnfn  I>grd  Chu0celk>r 

p  Mi«ttfr  r>f  the  RoUft  i* 

klhoun.  That  1  heheve  «Yaatb«  b^mcilng 

buiTiniLx. 

}  Pfoht/n.  Vl>  desire  be  tuny  «iy  who  *f  as 

HtiR-nt  ut  that  meelitie  tf'itli  llit?  Master  of 

jiii.  My  lord^,  nt  ihnl  mppring'  with 
^  tif  the  UotU  thi*  l><int  Oiitiirctlor 
be  ifrifRi  iipiil  h^fore  him  ;  siud 
rAvifjit*!-!!  were  there,  \vlth  jmii, 
-^  -  ,  Horr  them,  in  proper  hnhit!«i  ; 
laierof  thtf  Kolls,  and  :i1|  llif  [VlaMprs  in 
nwfkti ;  and  fhc  *»orrt*l!i»  v  wni%  li^rff^  nnd 
bttern  mil  hopcNl  the  orders  were  to  he 
Enounced  ;  btit  I  catiH  remember  I  hot 
^"^fen  net  pen  to  ii«|ier«  The  Visber  ww 
irUt^re. 

^^p//v/i,  1  desire  he  maVf  if  he  e&ti  re< 
^^givc  a  pnrticiilar  account  ot  what 

Uho^n.  Thk-  1V1  alters  intisted  rhey  had  ti 

T  ■'-  the  money   feroiifirht 

vfti  AHV  M'feience  lo 


ii'^lNt)ught  in  tur  i\u 

Uf  ii  •    lit  i\\p%e  ca%4 


timf  an<  •<!  miiv 
1'  r.  lo  \i  liom  tilt 
M;    and  r  init  ihnt  where  mo- 

pt  broutf^i  bili^  of  inteqdeader 

rtof^iilorv  otilfiii,  wheir  there  wus  o<»re- 
^  to  ft  iViAstiTf  the  mf»ney  had  u^iUdlly 
kectCHl  lo  lie  brtrtjj^ht  into  I'ourt,  in  order 
tpt  till  it  emdd  be  detennnird  wlmse  it 
vhal  n«e  it  u'a%  u*  bcnpplteil  ^  And 
admitted  the  money  waiii  formerly 
Usher.  Thia  I  appreliendeil  wsi 
by  the  M altera  as  their  nudonbt- 
|id  (t  wan  fV"'"*'  *  an  order  would 
llhi'n  mnd^  \i  no, 

ibi/n,    1  dr  Hv  what  further 

ititt^  to  Trin  '  tibout  any  «c- 

pinlioirn  e!C|tr 
ittehn.    Some  dehutn   aro$ie    nboiil   the 
t  of  the"  rtolbi^a  jndicature,  started  1  think 

[  deajre  to  pnt  Mr.  Lichtboan 

^jiotnc  thin^a^  and  tirat  In  a^k  hhn, 
on  thai  applicAllon  they  had  made 
'attun  to  ihe  alteration  or  vuriHtion, 

It,  in  the  prartinc  of  the  0»urt^  hy 

fiutidr     '  :   *'        y      '  "     '        '*^'\ 

lid 

patood? 

Your  lordship  did;  hut  it  waa  long 
il  mmUm^t '  tNt^<v«  *  year  and  mofe. 


nppii- 

I    r).>.» 


ced'^nt*  before  me  ? 

Lishtffoun.  I  df»ti't  know  ol  nny  soch  dirrc- 
lion^  fo  bim,  hut  I  remember  my  Lord  C*han« 
eellor  rnlled  for  his  preeei!eniH»  iind  wondereil 
he  hud  not  brought  thetn,if  be  had  any  for  bli 
pnrpo*«et 

K.  of  j1f/;rr.  1  desire  Mr.  Lij^htbonn  may 
recolleet  whether  the  question  was  not  put  to 
the  Uiiher  with  relation  to  the  nsnife  of  the 
Conrt,  to  put  the  money  into  i he  l^laMer's^  handti 
in  ah  eaeew  where  the  money  wan  broug^ht  int<i 
Court,  to  be  deposed  of  either  to  be  put  oiU  at 
interest,  or  paid  to  '  ,  whc* 

ther  he  had  any  oil  trary  ? 

L     '  ''  I  rcnieitjiu r  iif  tihh  iiiirt<f,  and  I 

ap|i  i!iL'  Usher  ttid  not  make  out  any 

sort  <•■  t  v.iitii  iO  keep  liuch  money» 

E.  of  Mace.  I  fh>n't  ask  wtint  the  Usher 
made  nut,  but  what  qncstMinsi  were  asked  him 
alioiit  the  usa^e  and  preceflents  f 

Lt^htioun.  I  helreve  they  were  asked  for^ 
and  I  otfi  «urti  he  then  produced  none. 

E,  of  Mttcc,  Fray,  recollect,  ^nd  couftider  % 
did  I  itpeak  to  him  as  to  one  that  h^d  not  any 
precedents  to  pro'luce  ;  or  did  1  make  mention 
aa  if  lie  hud  brought  pieced  en  m,  and  a^k  him 
if  he  cotdd  nay,  |1iat  amon^  thoae  precetlents 
the  I  io  tlve  purpoite,  to  make  out  that 

thi  notao? 

■mh,    I  «ay  ynnr  lordsldp  blamed  brm 
Uringingf  tbw«  precedems.     f  Wlieve 

y^ nii^hip  a<<ke<l  him,  if  be  coubl  brin^  any 

precedent  to  ihe  point?  And,  to  the  best  of  my 

r#-rn*  tTihriiu'1%  be  sflid  be  had  oone»  or  i^ave  no 

iswer,  hut  such  uk  1  thought  eva- 

,1     lonot  remember  particularly  what 

your  lordship  and  he  said  to  eucli  other. 

E,  of  Mace,  This  it  a  very  inditferent  ac- 
C4iuut;  since  Mr.  Lightboun  halb  ao  pnoA  m 
memory,  1  desire  to  know  whetlier  the  Uahnr 
tian  not  told,  that  his  prece<Jent^  had  been  read, 
and  possibly  1  mispht  have  overlooked  some 
that  ivere  material ;  und  therefore  dei<if  ed  htm 
to  sliew  whether  there  waa  among'  them  m\j 
otic  precedent,  that  related  to  money  broUf^ht 
in  in  these  caseK  T 


He  produced  none, 
.    Dill  it  n«it  dppear  that  he  had 
<  dentx  before,  and  ihev  had  been 
po»«ibly  I  mi;^ht  have  overlooked 


7.. .A,  J 
1 

pro  I 

reni: 

SlOtip:  II  :' 

Lif^htbaun.  Dn  your  lord^hip't  mentioning 
of  it,  1  do  recollect  »onietbinf(  did  appear,  that 
your  lordship  had  seen  htw  precedents,  and  did 
expect  he  ithould  lutvv  broni^ht  n»ore. 

£.  of  Mmc.  I  deaire  h«  may  he  a^ked,  whe- 
ther be  did  pretend  he  could  produce  mor«  ? 

Light b&un*  My  lord»i  I  cannot  be  i^^rticular 
ID  that, 

E,  of  Miict.  \  defiifftoknow  whether  he  did 
not  own  that  he  bad  no  nuch  precedentft  T 

LfgfttOuun.  In  anawer  to  tbat«  my  lorda, 
I  CHiinot  lay  (toftuitdy  be  did  or  did  not; 
for  I  iwlieve  I  ha«e  fteen  aome  few  orden  of 
sncienl  daUs,  that  were  prccedcDti  of  «oiitf 


1019] 


10  GEORGE  L 


Trial  of  the  Earl  ofMacde^UU^ 


Mn^  brought  into  the  Usher's  hands,  in  order  to 
bedisposed  of  aAer  hearing.  But  there  were 
hut  few  of  them. 

£.  of  Mace.  My  lords,  I  desire  Mr.  Ligbt- 
houn  may  be  asked,  whether  the  Registers  were 
not  asked  about  the  practice  of  the  Court,  and 
if  in  all  tlieir  observation  and  experience  the 
money  in  the  cases  before  specified  was  ordered 
lo  the  Usher? 

Ligkiboun.  They  were,  my  lords. 

£.  of  Afocc.  And  wliat  answer  did  they  makeP 

Ughiboun.  They  answered,  that  the  money, 
after  hearing,  and  on  interlocniory  orders, 
vhere  the  application  was  directed,  had  been 
iisoally  ordered  to  the  Blasters. 

E.  of  Maee.  I  desire  Mr.  Lighlboua  may  be 
•tked,  whether  it  was  not  after  this,  that  the 
Master  of  the  Rolls  began  to  speak  with  rela- 
lion  to  the  judicature,  and  how  that  was  intro- 
duced? 

Ligkiboun^  I  hare  forgot  the  circumstances 
•nd  manner  of  its  being  introduc«l  by  the 
Jftaster  of  the  Rolls.  But  I  remember  one  ex- 
pression of  his  honour's,  that  he  would  have 
tha  Masters  consider  how  proi>er  it  was  for 
them  to  insist  upon  a  iudioatnre,  which  would 
empower  them  to  order  money  into  their  own 
iMods.  But  how  he  introduced  that  discourse, 
1  don't  know ;  but  1  saw  the  LonI  Chancellor 
had  not  a  mind  that  topic  should  be  touched 
upon,  and  that  the  Master  of  the  Rolls  brought 
It  in  much  against  his  lordship's  incUnation  ; 
but  how  I  don't  remember.  Ir  your  lordship 
pots  me  in  mind,  I  may  recollect. 

£.  of  Maec.  The  Usher,  was  not  he  ap- 
prized of  this  meeting?— JUgAf  601111.  Yes. 

E.  of  Afocc.  Did  the  Master  of  the  Rolls 
five  any  opinion  relating  to  this  matter  of  the 
money  being  paid  to  the  Usher? 

LightbouH.  He  insbted  on  his  own  judica- 
ture, and  both  introduced  and  stuck  to  that  dis- 
course. 

£,  of  illocc.  Do  yon  remember  his  saying, 
that  the  Masters  must  not  expect  farour  at  the 
Bolls,  if  they  contended  for  jurisdiction  ? 

Ughtboun.  My  lords,  1  do  not. 

£.  ot  Maec,  You  spoke  of  my  irresolution : 
IVas  it  not  with  respect  to  the  dispute  between 
you  and  the  Master  of  the  Rolls  ? 

Lightboun.  1  could  not  tell  where  it  stuck, 
there  was  some  difficulty  made  of  determining 
that  matter ;  but  your  lordship  did  not  com- 
municate to  me  your  reasons  why  you  did  not 
proceed  upon  that,  or  any  other  of' the  Masters 
affairs. 

£.  of  Mace,  I  presimie,  Mr.  Lighboun,  you 
did  not,  every  time  you  came  to  me,  speak  to 
me  of  the  affairs  wherein  the  Masters  thought 
themselves  hurt  ? 

Lightbaun,  No,  my  lord,  I  did  not. 

£.  of  Afacc.  You  sometimes  spoke  to  me 
about  the  mopey ,  and  at  other  times  relating  to 
the  Msster  of  the  RoUs ;  I  desire  to  know, 
when  you  applied  lo  mo  with  respect  to  the 
disputes  with  the  Matter  of  the  Rolls,  and  the 
innovations  made  on  your  oflloca ;  if  it  WM  not 
1i))<ia  that  yoo  foiiwl  BM  imiolali  f 


Ughtboun,  Your  lordship  always  1 
was  proper  to  settle  all  at  one  time,  that 
security  should  be  given  by  the  Mastei 
something  done  to  make  it  reasonable  to 
it  from  them ;  which  was  to  establish  thi 
ters  in  their  just  rights;  and  upon  that 
sion  your  lordship  mentioned  taking  wti 
in  different  persons'  names,  and  upon  thi 
the  old  proposal  of  mine  was  revived. 

£.  ot  Mace,  1  have  no  further  qoei 
ask. 

Seij.  Peng,  My  lords,  we  desire  Mr.  ] 
may  be  called. 

Mr.lfo^arrfcaUed. 

Serj.  Peng,  My  lords,  we  desire  Mi 
ford  may  be  asked,  whether  at  any  tim 
when,  he  heard  of  a  proposal  made  I 
Lightboun,  and  whether  it  was  made  pn 

Holfbrd.  My  lords,  a  good  while  ago 
lieve  two  or  three  years,  Mr.  lightboui 
had  a  great  deal  or  discourse  alMut  the 
tion  and  circumstances  the  Court  of  Chi 
was  then  in ;  and  about  the  confusion  th 
like  to  happen  by  the  unfortunate  aocide 
had  happened  to  Mr.  Dormer.  We  did 
a  great  many  things  tbst  were  proper  to 
dy  it.  A  great  many  were  the  same  tfa 
mentioned  in  the  letter  that  hath  been  re 
think  I  told  him,  it  was  very  right,  esp 
as  to  the  matter  of  the  securities,  whu 
the  greatest  power  a  Alaster  was  trusted 
for  as  the  securities  were  above  three  1 
four  of  the  whole  trust,  if  there  could  be 
found  out  to  secure  that,  it  would  be  a 
away  three  parts  in  four  of  our  trust ;  an 
sequently  would  not  leave  so  great  a  po 
the  Masters ;  but  as  long  as  they  were 
in  the  name  of  one  person,  and  no  trnst  de 
he  could  dispose  of  those  things,  and  1 
could  hinder  it.  Therefore  I  thought  it 
to  be  taken  in  two  or  three  names.  1 1 
when  it  was  proposed  to  be  in  two  Nsi 
was  mentioned  there  might  be  a  third,  au 
no  harm  could  happen  to  the  suitor 
less  corruption  ran  through  the  whole 
I  remember  some  time  alter,  that  Mr. 
boun  did  show  me  the  rough  draught 
letter,  which  he  said  he  hsd  sent  to  m) 
and  we  read  it  over  together  at  my  hoi 
told  him  it  was  very  right,  and  that  he  h 
it  upon  as  good  a  foot  as  upon  the  first 
deration  it  could  be  put  upon :  that  evei 
method  was  liable  to  inconvenienciea ;  I 
my  part,  1  thought  it  looked  fair,  in  that, 
matter  of  the  securities,  the  money 
Masters'  hands  was  left  pretty  much  to  1 
rection  of  my  Lord  Chancellor. 

Seij.  Pengeliy,  i  desire  he  may  be 
Whether  Uiese  proposals  that  were  mad 
agreeable  to  him,  so  far,  that  if  they  w 
rectedby  my  Lord  Chancellor,  he  vrooli 
submitted  to  them  ? 

Ho^d,  Yes,  my  tords,  1  ahooU 
readily  submitted  to  them. 

6er|.  Pengeify,    I  desire  be  may  ht 
whctMr  lie  rfmembcra  any  toowmad 


TOST] 


fif  High  Crimei  and  Minfemcanors* 


fvoponhU  before  my  Lt>rd  Chsnccltor  io  his 
pmenoef 

^JiQt/brd.  I  donH  r^roembef  I  ever  had  the 
^ftoour  of  speaking  lo  my  Lord  Chancellor 
^MNit  Ally  of  Ihem  ;  ttoriohave  been  mi  anv 
^Bslinff  wUefv  ihey  were  spoken  of  betbre  ray 
^fcrd  fJuanceUor, 

Mr,  Lutayckf,    My  lord*  I  detire  he  may 

r  »iiked,  whtfiher  hecao  recollect  when  he  hud 

i  diaoourse  wiih   Mr.  Ligbtbonri,  and  wheu 

RUffht  of  the  Ittter  was  »he^vn  him  ? 

prd.    About  two  yeiirv  ago ;  some  time 

bad  been  written^  and  sent  to  my  lord, 

r  Lijjhtboun  told  me,  «iy«  he,  I  bare  Vrrit  lo 

ijofd  til  the  effect  of  what  we  talked  of;  and 

bew  V  ou  the  letter ;  and  he  polM  out 

^,  and  shewed  it  me. 

^  of  Maccktfield.  ^Vere  yoo  at  that  meet^ 

Hhi*:h   iMr/  Ligbibouii  hath    mentiooed, 

L  llie  Masters  aod  the  Master  of  the  Kofis 

I  Ibere  P  And  what  passed,  as  near  as  you 

r  remember? 

Hciiford.     My  lords,  I  think  it  was  upon 
iimmer-day,  if  1  remember  ri^ht,  and  the 
I  the  l/Ahers,  the   Jtegisters,  and  the 
nf  dv^  FJalls,  were  all  there.     My  Lord 
'red  there  had  been  some  dia- 
■'■  **:irt  of  Cliaoccry,  and  he  bad 
i  them  to|;ether  to  adjust  those  disputes, 
ciatly  in  relation  to  the  money  of  the  Court. 
Iteve  the  Usher  was  culled  upon  to  know 
liher  he  had  aoy  precedents  to  offer  in  jua- 
"'m  of  lii)»  own  rightt  or  of  what  he  clairo- 
krigbt;  and  the  Usher,  I  think,  said  at 
e,  he  had  no  more  than  he  had  already 
to  hi«  lordship  ;    I  believe  his  lord- 
thoRe  prereiJeots  were  not  much  to 
jiose ;  the  U$h<.T  said  tie  had  no  more, 
aifered  no   more;  and  jif'^"  "^"r^f  iJih- 
there  were  acferal  pe«M  ihe 

rinaiaiing  there  were  aomt  , — .  :^.ii5  to 
^  Tb«n  a  tlisputc  aro^  about  the 

I  ttftbe  Master  of  the  Rolls ;  and  so 
broke  up  at  that  time.     I  think  no- 
ore  was  done« 
„.  Ftn^eliy,  Mv  lords,  we  desire  tbot  Mr. 
loastojt  may  be  called* 

Mr*  Kyn^iton  called. 

fUy.  My  lonls,  we  desire  that  Mr. 

ay  give  Your  lordtbipji  an  aecount, 

rw^of  any  proposal  made  to  the 

'■Id,  rdatrtig^  to  the  securing 

I  i>i«r  suitors  P 

Uiian.  Ypi,  niy  lords,  I  do ;  there  were 

mertingv  among*  tin*  Masters  priTutely 

Mhey  came  to  an  agreement.     J  think 

HLMtre.  thdt  ihev   would  gfo  ^to  my 

'*   him  to  f^te 

Ml  I  of  the  secnri- 

that  li  ^hunld  not  be  in  the  Maxter^s 

di»}*o%«'  of  ilitm.     I  remember  it  wa* 

'  ii(ion,  thnt  jt  should  be  so  reprepiiitevl 

^ifvrd.  sod  I   bHit!?«*  sU^  or  m'»ftt  ut'  ihn* 

I     I  •  my  lord  iM;  ',  and  did 

lord.    I  SM  iivestmie 

mm^  laid  bdfore  ima,    ^tue  ^ru- 


A,  D-  1725,  [lOM 

posed  lo  get  peoole  to  be  bound  with  them» 
but  tiiere  mijE^ht  be  some  difficulty  iu  that; 
irthers  proposed  that  they  should  jrive  land* 
s«*curity  ;  but  it  was  thought  likewise  thai 
mitfht  meet  with  diificultiea  in  relation  to  ihm 
title, 

fierj*  p€ngtU^,     Was  there  any  pn. 
made  at  to  the  securities  io  their  hands  ? 

Aynosfofi^  Yes. 

8crj.  Ptngtity,  Io  what  manner  was  it  pro* 
posed  thai  the  setniri lies  should  be  taken  ? 

ht/noMton.  J   am  not  posiiire,  hut  it  was  to 
this  purposie ;  that  they  should  be  put  io  one  or 
two  of  the  Mastera'  names,  and  of  the  per 
concerned.     I  am  not  certain  how  that  was^^ 
but  it  was  something  of  that  kind. 

8erj.  Protn/n*    My  lords,  i  beg*  leave  to  ask 
this  Hslness  when  this  was  ? 

Kynaston*  1  do  not  remember  the  tin 
actl^  ;    I    belieTe  it  was   tome  time 
Christmas  was  iweltemooth. 

fcJerj.  Fengeii^,  My  fords,  we  shall  call  i  , 
farther  witnesses  upon  this  particular  Article  | 
btit  beg  leave  to  refer  to  your  lordships'  rea ' 
lection  what  passed  yesterday,  from  the  ex 
mi  nation  ot  all  the  Jkwters,  relating  to  theeo<«^ 
couragement  and  imluoemeat  that  prooeeded 
from  my  lord  Macclesfield  to  the  Masters,  lo 
persuade  them  to  make  up  Dormer^ s  deficiency  p 
if  their  offices  should  be  established  on  their 
old  foot ;  which  safficientty  proves  the  notio 
the  Earl  bad  of  their  tradicking:  and  dealiD|^  ^ 
with  the  money  belonging  to  the  suitors  of  the 
Court.  In  the  next  place,  we  shall  lay  before 
your  lordabipB  an  order,  made  by  the  earl  of 
'niacclesfield«ofthe  17th  of  December,  1724. 
Though  as  to  the  several  propoHat^i  made  to  bis 
iorflshiu  by  the  Masters,  he  doubted  of  the 
power  he  had  to  make  any  order,  vet  when  it 
was  tiK)  late,  or  atler  the  losses  had  happene*!^ 
when  the  afl'air  of  this  great  dettciency  appeared* 
then  doih  he  make  an  order,  that  looas  wttb 
some  rare,  but  with  this  introductbn,  that  It 
was  not  usual  for  the  Masters  to  y^iwe  secu* 
rtty  ;  thouffh  it  appears  to  your  lords hi{>9  that 
they  li;id  uftereil  it,  and  were  willing  to  do  it 

Mr.  Ii4ilpk  Paitofi  proved  the  Order, 

l^Clerk  reads.] 

«« Ordo  Cnrife  Jovts  Dectmo  SepUmo  Die  1 
cembris,  17  3t* 

'*  Whereas  his  majesty  has  been  pleased  I 
appoint  a  committee  uf  several  lonls  and  otlierv^  ' 

ol  hi*  mo?vt  lionounibte  prtvy-couticilj  to  make 
some  enquiries  concenimg:  the  Court  of  Chan*^ 
crry^  snd  particularly  Li>ncenitn[;  the  monies 
of  the  suitors  of  that  Court,  ru  the  hands  of 
the  Ma^iterH  «r  other  tilficers  of  that  Court, 
and  to  coiiMider  which  wsy  the  same  may  be 
best  nccured;  and  the  Lord  Chnnccl!.  r  ha^ng 
at  their  desire  ordered  the  several  Matter*  Id 
g'jve  in  thrir  respectit e  accsompts.  which  Ihejf 
Hocordingly  did  ;  and  ^U.  Iwifttn  CtMwrt,  Mr, 
jftntiiT  Oeiiton,  and   *  ^  > 'K  amt 

tikewjiwiiir  Nathau^  n^aod 

Mr.  liaoger,  three  el  ilic  dutcloisi,  oud  one  of 


1023] 


10  GEORGE  I. 


TfudoftheEarif/Mi 


then  depiitT  ipoiernnr  of  the  Bank,  hating 
hbOk  apfrjiiiiui  and  desired  by  Ihe  said  cuoi- 
miuee,  tuinsfiectaod  t:iauiiiietbeaaid  ^cconiffU, 
and  who  have  proceeded  ao  todo,  and  al^rr 
havinf^  been  aevtral  tiaiea  aueuded  by  the  said 
Marten,  have  made  a  report  thereof  lu  the  said 
coiDDiitU^  ol'  council ;  whcrcfeT  it  appears, 
that,  t!iuu:;h  aSI  the  31astera  of  iLe  nid  Coait 
bare  producf:rl  before  thcin  all  the  securities 
aod  ccfiiiicate^  of  their  having  the  stock  aod 
aDouiiies  in  their  oames;  which,  upoe  their 
aoeomfrts,  the}*  appear  to  be  chargeable  «Khas 
beio«;i;in^'  to  ibe  suitors  of  the  Court,  aod 
much  the  f^'*^^''  (■■t  of  ihe  Masters  have 
broui(bt  before  the  said  Mr.  baron  Gilbert,  aod 
other  |itTBonii  above  named,  their  cash  or  secu- 
rities easily  cou%ertibIe  int'i  money,  certificates 
uf  stock,  and  annuities  suthcient  to  make  good 


to,  or  laid  out  for  the  flBiMKS  of  the  Csw  ka 
deiMsiied  in  the  said  rheni,  iinoer  u*  iukpcc- 
tioo  oi'31r.  baraa  Giibtrn,  &ad  liieiiaer  pefwai 
j  appointed,  as  aloresajo.  to  iiinyrn  liia  Mauer'i 
I  aa-jinpt^  or  of  socue  of  u«cbi.  \  bdiI  udX  t^s 
,  the  chesu  be  locked  up.  am)  k^  u.  ihe  cuiUuj 
i  of  the  Bank  of  En^^iand  ;    kui  mi  Uf  lie  kept  ai 
'  that  the  Masters  nay  ba.ve  tmk-\  &rsn«ft  ihetia 
'  tucouply  with  the  orders  tti  xx»Ik  Caurt,  tdl  is- 
;  ther  order  may  be  taken  cauDoanii^p  lAe  nac; 
,  and  whereas  the  MdHatts  i<are  ll  iMatr  fnoil 
'  aocompis  giveu  in  particu«ara  cif  szock.  aaJ  d 
1  annuities,  traaslerah^  in  tbe  kKifcs  al  lot  ««b 
i  ral  companies,  ***^^f^nlc  u  tbor  baiacs,  omI 
■  belong  to  the  sevctal  Miiinrs  otf*  tLis  CoaiLtf 
i  as  their  own  proper  s&ock  &ad  annniLOLlr 
!  which  part  uf*  the  balAUce  of  eakh  in  their  hoM 
'  may  fie  made  g^ood  or  secured  ;  It  i»Ziin;h:rff' 


the  balance  of  their  acoompts :   yet  upun  the  -  de[«d,  that  they  du  each  ««f  uLem  funha^^ 


aaid  rejiort  it  appears  that  there  are  vet  consi 
(Jeratde  deficiencies  of  monies,  whicli  were  in 
the  bands  of  some  Masters,  who  are  dead  ;  and 
that  some  of  the  present  Masten  have  not  pro- 
duced tlie  balance  of  their  cash,  nor  giieu  a 
aatisfaclorj^  account  how  the  saiue  is  to  Iw  made 
good,  and  it  not  ha%in|f  been  usual  fur  the  Mas- 
ters of  the  said  Court  to  uive  security  for  the 
money  intheir  bands,  the  said  comiiiitteeihouffht 
advisable,  that  till  this  atfair  could  be  more  ma- 
t4irely  considered,  and  proper  methods  esudi- 
lisheil  for  security  of  the  suitors  of  the  said  Court, 
the  eflects  herein  after- mentioned,  which  have 
upon  this  occasion  been  prodnced,  should  be  at 
present  secured  in  the  manner  herein  after- 
mentioned,  and  recommended  to  the  rit^lit  ho- 
nourable the  LiM-d  CiiancoUor,  to  take  such 
order  therein  as  bliould  he  pruper ;  all  which 
being  comuiuniratcd  to  all  the  Siiil  Masters, 
and  the  said  report  ni>««'  read  in  the  preaciire  of 
them  all,  except  Mr.  Kytiastun,  uho  is  iiidis- 
piised,  aufi  thereby  pi-eveute.1  from  attenihnu^ ; 
and  up«in  heaj-ing'  what  was  allet^ed  hy  the 
said  Masters,  are  the  f.icis  of  the  said  rttport, 
so  far  as  cunceru  their  resiiective  securities  in 
their  hands  and  power,  and  the  balance  of  cash 
in  tiieir  hands  not  hLiii:;  euntrovcrted,  his  lord- 
shipthcrcroi-edi^h  tliii.k  lit,  and  sf>  order,  that 
the  said  Masters,  .^[r.  iloUbid,  Mr.  L'lvibond, 
Mr.  John  Bennct,  Mr.  (jodt'rcy,  Mr.  Li|^hi- 
boun,  Mr.  Conway,  .Mr.  J'MwaniK,  Mr.  Ttionius 


hier  into  the  re»pccti«eoiMiipAOT,  a  decUnai 
in  writing,  whenun  such  stock  la  each  resji*' 
tive  company,  or  the  anoiutjea  then  tns«> 
able,  as  by  their  respecthcaooompcs,apuv> 
belong  lo'the  suimrs  of  the  Court,  aad  Lkevia 
the  Slock  and  annuities  by  tLcn  respecXMi 
proposed  toward  making 'good,  or  sekW^ 
Uieir  balance  of  cash,  or  so  inucli  them^a 
shall  equal  the  balance  of  tl««ar  liaid  aotMf  i 
m  case  they  have  in  their  aaiufc«  OMare  ibsifl^ 
ficient  for  that  purpose,  it  aha!!  he  dccbitia 
be  upon  trust,  to  attend  the  ordcn  of  this  Con; 
and  the  said  respective  compaoic«  are  u  aU 
care,  that  proper  entries  be  made  thcresfi 
their  books,  so  that  such  stock  or  aoaaiticih 
not  transferred,  but  bv  order  or  leave  d  tai 
Court ;  and  the  said  )l asters,  upon  perfuw-siat 
the  order  above,  are  to  take  pn^inr  rr-_y/* 
sij^ued  hy  Mr.  baron  Gilbert,  aod  tije  oiue:  ?«■ 
sons  apiKiinted  as  aforesaid,  to  inspect  ibt  an 
accumptf,  or  some  uf  ibetu  ;  and  bv  the  (iCKitt 
keepini^  tlie  keys  ut  the  said  cbest*>,  of  the  }C^ 
ticiilars  of  the  oonds,  or  other  secjrit.es,  cuk 
und  notes,  dei>osited  or  locked  up  in  >Ui:hc!.^*i 
as  aforesaid,  and  ceriiticatessitnied  bv  tbe«sB< 
persons,  and  hy  a  proper  officer  ot  'the  But 
that  such  chests  are  deiiosited  in  the  Biok.v' 
certificates  signed  by  the  proper  officers  ol'  iW 
re^|»ective  companies,  of  the  declaraiio:;^  bmc 
as  aforesaid,  hy  the  respective  Masicrs,  aiila 
the  entries  tiiei  eof ;    and  it  is   further  i>rdeiv< 


Benuet,  Mr.  KIde,  snd  Mr.  Thurston,  all  now  i  that  the  Goldsmiihs'  notes,  produced  by  ite 
present,  and  likotvisc  i^Ir.  Kynastoii,  do  forth-  I  suiil  Masters,  in  <;i\in«^iu  their  accuuipts,'t«i« 
with  prepare  and  senil  to  the  hank  of  Ktit(la:id,  !  them  turneil  into  Bank  notes,  and  ao  dqH^TrJ 
every  one  a  chest  witli  one  h^ck,  and  haiips  t<ir  !  as  alonrsaid  ;  and  tlie  said  several  >li9it.i  ^ 
two  padlocks  ;  the  key  f»f  ihe  lock  to  he  kept  j  Ibrthwiih  to  give  31r.  Iiarcn  Gilbert  p.i»:-3C> 
by  the  Master,  and  the  i«iy  of  one  of  the  pad-  j  conipts  of  their  receiptand  pavineuts.  s  ac«iv 
locks  by  Mr.  Smith,  atid  '.Mr.  Malthu.s,  two  of  former  accompts,  and  a  copy  Lcret,f ;%  to  be  sc- 
the  six  clerks  ol'this  Court,  or  one  ul'lhem,  and  Mvercd  to  Mr.  kynaston,  be  nut  being  dj* 
the  key  of  the  other  by  the  i;overnor,  deputy  present ;  and  another  copy  lef;  iit  t!ie  puU^ 
governor  or  cuxhicr  ul  tlie  Bank ;  and  that  all  I  ofiice  of  the  Masters,  with  their  cU-rk  thrre.  \<( 
the  Iwnds,  exchequer  antiuiticM  and  orders,  and  '  their  more  easy  recourse  thereto,  in  unJi:  b 


other  securities  given  in   upon  their  said  ac 
coinpts,  as  securities  iKflonirin^  to  the  suitors  of 
this  Court,  or  sn  the  |>roptT  MTuriiics  of  the 
•aid  [blasters,  towards  m.ikni^  goiHl  the  hahince  j 
of  their  res|iortivr  ensh  ;  and  lilll-l^is^  the  liank 
MuUtu  Mikd  oasJi  so  given  iu,  and  nut  since  paid 


their  exact  compliance  therewith. 

''  Edw.  Guu>i:5B&(Rui!,  Dep.  Re:^* 

Scrj.  Vcng.  By  this  order  your  lonbhij* 
will  obSfMve,  that  some  of  the  inau|)rrable  din- 
cullies  were  surmounted,  aod  some  of  the  e'i'* 


i] 


i  toaf  I J  ( 


titc< 


fir  High  Crimei  atid  Misdemaanors.  A.  D,  1725.  [1026 

The  Answer  ^veo  by  the  EaH  to  this  Article 
(Jeservt's  a  pnrtirutur  notice  t  tie^ys,  **  Thnt 
upon  greni  couMderaiiou  of  Dormer's  defi- 
ciency, mui  the  daoger  there  mi|;ht  be  of  fur- 
ther iiiCooFenlencics  with  relation  to  the  suitors^ 
eflecti*,  of  some  ili^putr^s  in  the  Court*  ami 
af  some  pr«ctice«  of  the  Mastem,  which  hft 
Jjioucrht  ouiflit  to  be  reformed^  bewna  con* 
vinr  "V  ^'  *T  i-v  a  work  of  loo  ir — '  ^ -r-f  -; -nee, 
foT  I V  lo  attempt :  (ty 

se»^.,>i^  iA  ius  most  sacreU  Ui..j  ,.^,  .4...  uuil 
l^oodocis,  did  presume  humbly  to  beseech  hli 
majesty,  na  the  fountain  ot  juslioe,  to  depute 
fnome  of  his  priry  coaucil  lo  l«kiA  tlie  iiiattert 
jDto  eonsiderntion.** 

My  lords,  seven  years  aod  more  had  passed 
iiiDce  he  was  made  Lord  ChanceUor,  three 
vears  since  Dormer^s  deticiencv,  wiltiout  one 
rioneat  thoujfht,  for  any  thinjf  tJtut  ha«  yet  ap* 
peared,  or  one  sincere  step  taken  by  liitn,  tor 
the  hotiour  wf  the  Court,  or  the  satetv  of  the 
■,,>^-:      ':'-':  ^  ,  •,.,  ,  ;,  r'  ^  ,  ,  '     ,"  ',.;\-,nm- 

iiift 

I  •  .11  iiiiriiu'fiu   III    UdHlUI^    Hj  ^s  111    ur  iiL'M   KIIUWII 

from  hi**  former  conduct,  auil  from  ttio  us(%  we 
shnll  prove,  hi*  intended  lo  haie  ntado  of  ihat' 
inqmry  ;  Ulu  pn^t  Ijohaiiour  has  ah^ady  ap- 
peared to  y«ur  ho'dship6  to  Utvf  \u-cu  it  ^orieg 
of  t^xtortioQ  find  oppreision,  *  ■  odl 

with  the  vilest  and  meanest  a<  |»  it 

secret  |  tlie  kiu^^s  paterntil  guodne»i  watt  most 
notoriously  abused,  by  him  who  was  inlriiflle«t 
to  dispense  it ;  and  thut  fountain  of  josttce  {xvl- 
luted,  wUicU  he  now  darts  to  tiiMCe  b  bis  de^ 
fence. 

1  think  myself  j list i6ed  in  charging  this  part 
of  his  defence  as  an  act  of  hi^^h  dis^jimolatioii 
betore  your  lordsliipii;  and  a  presumptuous 
attempt  to  cover  his  own  j^uilt  under  his  ma- 
jesty *s  sucred  UHnu^  and  the  orders  he  was 
5."  I  pleased  to  give  for  that  enquiry.  The  Earl  has* 

,  that  the  time  litdeed,  aoknowletl^d  one  truth  in  this  part  of 
member  last ;  at  bit  Answer^  *'  THtfl  the  ariiit  deliciencics  nod 
daniifer  to  the  suitors,  and  the  practices  of  the 
Masters  (^hich  he  does  not  nuuiet  but  says) 
out^ht  to  be  rtdbrmed,  had  oonvhiceil  bini,  tnat 
the  rrformalion  of  them  wa*  a  work  too  ^ai 
for  him,  sln^^ly,  to  uttempt,^' 

My  lords,  the  many  prostitntions  of  the  dig^> 
uity  of  the  ^rent  tiffice,  whiuh  have  been  proved 
Ufion  iiim,  had  iloubttess  p-catly  woundetl  the 
hotioitr  and  authority  ot  tjie  Court  itself;  and 
the  £arl  hail  bound  himself  so  fast  to  those 
Masters^  whom  hr  '  '  ^  -  .- .*  ».-  *f  -  •,^ir:d« 
uf  oorrnptmu,  wh^^  tk 

til  that  '  Ihrougfb,  that  nothiai,  „...v,.  .^..,.,-  .  .  ^  U.-  Lo- 
inic|uity  be  had  carried  on  su  long  '  nour  of  that  hi^h  C'ourt,  or  thit  advaut^fi  of 

the  \Hi1iOrK.  f  tnitf]  hr  rvnc-c  l«d  fViiui  bfS  bftlkdfl. 

ift  a  wfetohvtl 
nu  i  y  of  such  of 

your  lordfchijiai  as  attended  thut  comiiuttoa,  to 
whom*   i    l>elieve,  his  lurdxhip  very  truly  de» 
cJanea,  he  waseniirelv^Nuhscrvient;  and  uf  fttts« 
r  I  fifai!ie»  of  bim«clf,  tor  the  jrreat  serno'*  he 
lUuij  he  built  a  I  ecji      '  t*  that  emjoiry  3    However,  aA»p 

w^'  ; 'Oject,  the  pre-     lb  mn,  the  Answer  ^oes  on  and  d«- 

cnUfi^  i  puruMUirniury  e^iouiry.  4^arvvj  '*  Uiiit  b«  is  greatly  surpria^,  U  fi&d 

VOL.  XVI,  \      iiV 


tnd  Ibouf^h  that  method  %vin  not  take 

J  out  of  ihe  power  of  the  JMaslera,  yet 

why  the  noble  lord  4*ould  not  have  proceeded 

L>  tar  bcf(»re,  is  left  to  your  lordships'  deler- 

Ftn  illation  ;  we  shull  not  c:ili  any  farther  wit  * 

liesses  00  thr&e  Attu'li/Si  weappreheiid  we  have 

'  "  '  made  them  out.     The  honourable  gen- 

lu  who  opens  the  next  Article  will  pro- 


>*'  lord«,   it  f^y^  ^'^  my 
i-hi|*s  U»e  '  I 

.ent,  ami,  it  L-  ^  le 
ttnce  it  was  read  at  your  table,  tt  witl  be 
ary  for  me  nhorlly  to  re«*oHe<Tt  )L 
The  Article  ch«r{;e«,  *^  That  his  majesty 
liavtni^,  in  November  lost,  directed  an  enquiry 
iolo  the  uccounis  of  the  5Xxsters,  to  Ihe  intpot 
that  proper  methods  ilmuld  be  token  for  the 
cnnty  of  the  suiion^^  the  earl  of  Maccledield, 
theu  Lord  Chancellor  and  one  of  the 
couocil,  in  or^      r       v^  ■ 

I  to  prevent  a  puil 

'Uion  of  the  olfit  1  m,   m 

I  place,  advis<  t;n  ench 

..lit   M'OT'rv  ''M'l   >  ;  .  ■  .  -     j.-.r  their 

r>  j:.r-,-r.!,.  .1  (o  (^u»ro,  that  it 

^   I   :  I'.ir  huMuui  iiii'l  :.ri  uceto  appeitr 

uliicient,  and  ttiat  if  they  made  a  Ixdil 

v^  it  would   prevent  a  parUatnentary 

„    , .     In  the  ntrxi  place,  tlmt  the  Earl  per- 

dea  several  of  theui,  to  toakc  tklse  repre- 

tiiations  of  their  ciicu instances  to  his  ma- 

tty,  by   adflin^  n  ^obscriplioo  to  their  ac- 

"lit  <i»le  and  willing' to  an- 

kuds,  thoug^h  the  Earl 

tknew,  nr  ti^il  good  reason  to  believe  the 

■ry  ;  and  that  several  of  the  Masters^  ac- 

J  to  Ibe  Earl's  advice,  did  aiippiy  others 

Doney  and  efiect^,  lo  mnke  a  false  shew, 

Flppearaoee  of  ih*-"^  -^^mI-^ ■<*«.** 

Your  lord'thtps   f 

nentioned  in  the  A;  : 

rhich  time,   and  for  some  years  before,  the 
ingdum  hnd  ra»i^  of  the  abuses  and  corrup- 
liuoa  of  ibe  Court  of  Chancery*    with  little 
'  op M  of  redress,  but  from  the  justice  of  par<> 
foment :  the  Karl  could   not  but  foresee,  that 
period  was  then  drawing  near^  when  the 
I  of  lhcoppre!«sed|  and   the  universal  dis- 
"  etion  rained  asfaamt   Ins  administration, 
M'lief 
d  bis  ma* 
*       '^qniry 
^  wus 


VOtttd  ^ofiie  ysa 
This  *'ry  im 

"ntioncd  in  r 

thL 


ntroul. 

I  charsiff^l  ill  this  Article  contain  in  1 
ifi      vjir.t   deceit  and  treachery; 
1  by  the  wicked  pur- 
■  rr  coninvcd  ;   First, 


< 


I 


I 


1027] 


10  GEORGE  L 


Trial  of  the  Earl  of  Maocksfieldj 


[1088 


himself  cbarged  with  obstructbg  the  takings 
those  accouuts,  M-hich  he  had  thus  desired 
iDi^^ht  be  taken,  and  ImuI  promoted  with  all  his 
power." 

This  is  a  poor  e? asion  and  affectation  of  in- 
nocence; and  the  more  surprising  to  come 
from  his  lordship,  whose  mtscondiict  had  so 
notociously  Iieen  the  occasion  of  that  enquiry. 
And  the  Charge  is  not,  as  he  insinuates,  for  ob- 
structing the  uking  the  accounts,  but  for  pro- 
curiug  ulse  accounts  and  representations  to  be 
laid  liefore  the  council,  by  which  means  that 
enquiry  might  ha?e  been  frustrated. 

But  be  proceeds  in  his  Answer  to  a  declara- 
tion, the  most  astonishing  of  all  otliers,  <'  Thai 
lie  neter  thought  of  [iref  euting  a  parliamentary 
enquiry,  any  otherwise,  tlian  by  making  it  un- 
nec^sary,  and  procuring  to  the  suitors  a  full 
redress  of  aH  meir  grievances,  and  rectifying 
mrhaterer  be  ibund  amiss ;  and  that  he  looked 
upon  to  be  his  duty,  and  bega  leare  to  say  it 
here,  once  for  all,  in  answer  to  all  the  insinua- 
tions of  that  kind  contained  in  any  of  the  Ar- 


By  tlie  last  words,  the  Earl,  in  a  very  snm- 
aiary  manner,  pronounces  bis.  own  acquittal ; 
bni  yoer  lordships  will  obaerre,  thai  the  Arlide 
cbaiges  him,  in  plain  words,  with  actual  ad- 
vising the  Masters  to  misrepresent  their  ac- 
counts, in  order  to  prevent  a  parliamentary  ea- 
^ir^^,  and  that,  if  they  made  a  boM  stand  now, 
it  might  prevent  one :  His  lordship  aoswen^ 
that  he  never  thought  of  preveBtiDg  it,  other- 
vise  than  by  procuring  fnli  redress,  &;e« 

By  this  he  confesses,  he  did  think  of  prevestr 
ing  the  inquiry  of  paiiiameat. 

He  has  not  dared  to  deny  the  faeta  charged, 
from  which  this  design  was  manifest,  beoauae 
lie  knew  they  would  be  fully  proved  :  But  the 
subterfuge  he  flies  to,  viz.  that  he  did  intend  to 
prevent  it,  by  rendering  it  tumecessary,  is  im- 
posHible  to  be  believed,  thotigb  the  Commona 
should  offer  no  proofs  at  aU  to  this  part  of  the 
Article;  unless  nis  lordship  imagines  that  he  is 
able  to  carry  on  the  iio|hTBition  so  far,  as  that 
the  concealing  from  his  majesty  the  true  con- 
dition of  the  suitors,  bv  the  methods  he  waa 
then  practising  with  tne  Masters,  should  be 
taken  by  your  lordships  to  be  the  means  of 
procuring  them  full  reuress ;  and  it  is  self-evi- 
dent, that  if  his  contrivance  had  taken  place, 
the  immediate  and  full  relief  of  the  suitors, 
which  was  his  majesty's  gracious  purpose,  had 
thereby  been  wholly  defeated :  The  Commons, 
therefore,  may  insist  u|)on  it,  that  this  flagrant 
circumstance  is  established  by  his  own  con- 
finsiou,  especially  since  your  lordships  find, 
that  in  the  following  parts  of  his  Answer,  the 
Earl  declares,  *'  That  ^Ir.  Holford  having  sub- 
scribed his  accounts,  witli  a  declaration  of  his 
abilities,  and  readiness  to  answer  the  suitors; 
and  some  of  the  Masters  having  used  expres- 
aions,  as  he  thought,  not  so  proper,  others 
ef  them  having  made  no  conclusions  at  all ;  he 
did  advise  them  all  to  write  the  same  words 
under  tlieic  accounts  as  Mr.  Holford  had  done, 
sodLdid  tell  theni^  in  great  linceritjr  and  Ixiend* 


ship,  that,  ata  time  w  hen  so  many  men's  mouths 
were  open  agaiu9t  them  as  insolvent,  it  would 
be  for  their  honour  and  interest  to  make  it  ap- 
pear that  tbey  were  able." 

Thus  far  the  Answer  is  a  full  confesaion,|hat 
he  advised  all  the  Masters  to  add  Mr.  Holfonl's 
conclusion  to  their  accounts. 

His  lordship  says,  he  was  induced  to  do  this 
from  their  assuring  him  they  were  able ;  this 
assertion  will  appear  to  be  noturiously  false: 
however,  if  it  had  been  true,  his  lordship,  it 
seems,  took  their  bare  words  forit,  at  the  same 
time  that  he  declared  lo  them,  that  as  many 
men's  mouths  were  open  against  them  as  in- 
solvent :  But  here,  unhApp^  man,  be  flies  sgain 
for  sanctuary  to  the  integrity  of  hia  own  bttrt, 
and  assures  your  kirdsbips,  "  That  be  nevsr 
thought  of  a  contrivance  to  have  them  deosil* 
fuUy  appear  to  be  really  what  they  were  not;" 
though  this  declaration  of  the  innocence  of  hii 
mind  stalls  also  in  direct  contradiction  ts  tbi 
fact  be  had  just  before  confessed  ;  and  in  tbs 
vesy  next  lines  he  again  confesses,  that  ssmi 
of  the  Masters,  pursuant  to  his  own  directissB, 
did  withdraw  to  add  the  same  words  to  twir 
accounts,  aa  Mr.  Holford  had  done  to  bis; 
which  he  carried  to  the  council  without  kiokisf 
into  them-;  and,  when  they  were  read  tbsn^ 
the  Masters,  it  seems,  were  honester  men  this 
the  Earl  expected,  or  would  have  had  them  Is 
be ;  for,  notwithstanding  his  advice,  all  of  thca 
did  net  make  these  aimscriptioBS  to  their  se- 
coants. 

To  the  other  oharee  in  the  Article,  of  bis  adr 
vising  them  to  stand  hj[  one  another  end  appssr 
able,  nis  lordship  has  given  a  particular  answ, 
<«  That  an  order  being  made  npoii|the  MaslBi^ 
to  produce  their  securities  and  caah,  and  An 
Masters  complaining  of  the  abort  time  to  pro- 
duce such  great  aums,  he  confesses  he  did  mj% 
that  he  required  them  to  bestir  themselvei( 
and  might  say,  that  some  of  their  brethres 
might  perliaps  be  able  to  let  them  have  mooej, 
till  they  could  raise  it  another  way." 

The  excuse  he  offers  for  this  advice  is  a  vtry 
unjustifiable  one ;  it  is,  that  the  Blasters  d^ 
dared  to  him,  that  they  had  not  the  suitors'  ef- 
fects ready,  which,  by  the  duty  of  their  officsii 
his  lordship  knew  they  ought  to  have  had,  brt 
had  effects  sufficient  to  raise  the  whole,  if  tbey 
could  have  had  more  time.  By  his  own  se* 
count  of  this  matter  it  is  plain,  tliat  the  Mastcrt 
did  at  that  time  disclose  to  him  one  of  the  prac- 
tices, which  it  was  his  duty  to  have  reforined ' 
and  yet  your  lordships  see  what  considenti** 
he  bad  of  it ;  even  at  this  juncture  he  sdviitd 
them  to  supoly  oue  anotlier,  which  they  •*' 
cordingly  did,  and  the  deceit  prevailed,  till  \^ 
order  for  carrying  the  securities  and  cash  to  tbt 
Bank  made  tne  discovery. 

Perhaps,  my  lorils,  I  have  dwelt  too  long  e* 
the  Earl's  Answer ;  but,  1  ttiink,  it  will  sppc*^ 
to  your  lonlships  to  betray  such  a  confiMOS  « 
mind,  as  notliing  but  the  heaviest  pressures  e> 
guilt  could  have  produced,  and  is  a  strsag' 
couvictiop  of  him  thsn  a  thousand  witncssff* 

I  will,  in  the  next  plane,  give  some  sbHl  ^ 


.^  Hrgh  Crimei  and  Mhdernmnors^ 


A.  D,  17^5. 


[1050 


I 


^itltot  1#  oof  tt'Hfrnc?*?  to  iliii   Article.    The 

Mvtirni  tlH'ifitclri'^  will  pn»7e  iHe  Earr«  di- 

lieoliaiMi,  etiljer  ^ivc<>  by  lii*  own  moiHli.  or  by 

lllt»  •ecwrtmry*!,  wlicn  dipy  were  r^|«Mf«»d  to 

make  tifi  their  a<?r<iviili  ti>  be  kUl  heior^r  the 

lua^  itt  orancitt  Umt  llie]^  vliouifl  fttziml  b3r  one 

aottther,  aoiI  give  Ihebett  ac^oimt  they  conhl, 

la  |itwfi«t  a  parhjtnientary  eiMftiiry,  inH  that 

llirf  need  owly  to  |)rof)iice  or  iheir  Batik  or 

Goitlaniithf*  mim  ;  and  that  it  was  a  critical 

>  jttor-'^^   --'»  r»'-  't     -inm^  should  atiiiist  the 

IW«  ijst  make  a  uland,  ind 

•  <l*l<  ^,     ..il.^u"  enemies. 

^ '  f  Uier  profe  his  lordahip's  crpress 

liie  MA$t«f«,  (•add  the  same  ce>n- 

I  oliifiou  ta  their  accounts,  as  Mr.  HollVird  Imd 

I  done  to  hij,   which  was,  that  they  were  able 

I  ready   to  an»iier  their  balnnoes:  thou{rh 

I  Umi  Esri  did  not  in  much  as  atk  any  of  theui 

r  they  could  mj«ke  it  go<jd,  and  some  of 

ifeeUred  the  contrary  ;  nnd  at  that  time 

also  tie  toKl  Um  lo,  that  it  would  he  for  ihetr  ho- 

nonr  uiid  sei vire,  and  that  it  woiiM  look  well 

Mitlie  council  to  Appear  able  and  willinj^. 

We  shall  uUo  prove,  that  thii  false  adftceof 
the  Earl  wnn  Inllowcdhy  several  of  the  Masters^ 
in  both  re<^jirts  ;  %\n\  that  afterwards,  %vheu 
the  Kniturs'  f  rr  <  t<  ^**t->  <-  ho  ->-—-(  ..4-tijg 
Biuk,  ai!«ven»l  -d 

iMe,  now  nr<>^  .  .  .  -  l^,  ..,...,,  iiid 

B«nk  an^  ni^pi^  nt»d  other  efl^ects, 

••  •  er*  t  1  «lnch  B€*reral  of  them 

bad  been  ac^onnnoditteilf  and  which  they  had 
pftKhic4^d  to  the  pertofii  ap^iointed  to  examine 
tbe  accoimta  j  and  whirh.  ai  aifpeam  by  the 
n^rta  on  your  lordstiip^*  tnhle,  they  had 
Dm  to  be  their  own,  and  not  lent  thera  for 
I  purpose  Af  accounting,  now  vanished,  and 
[  %  Mloivficy  appeared  of  fourseore  thoiisond 
^naiiilid  Mpwftrrfii,  whi43h  Ktili  continues. 

Tbta  ertilence  wiH  folly  maintain  our  Ar- 
tWe,  and»  if  any  proof  it  neoeaaary,  will  guf- 
fieaeotfy  dear  up  the  Rarr»  tnleotionf. 

My  lords,  the  part  which  ^till  re mainis  to  me 
llfQch,  a«  \  uYtn  myself  utterly  unable  to  per- 
ftna;  t  mitan»  to  aggravate  tbia  offence  in 
ttiAi  HMoner  as  it  defcrT««;  the  nmaainif 
tbii  Ankl«  haa  op€oe<l,  moat  not  be 
JOdgadl  of  ftofty,  and  byitMlf^  nor  can  it  be 
nifitod  ffnt  init  8ft  the  olfiiprtn)^  of  a  mimt 
auffhly  debased,  and  flowini^  from  the  most 
■oenrmUU  oorruinion ;  and  tJioiiy;h  they  hate 
^•^nft!  from  thot  source,    as  from  an'iine!«* 

bBiliKUltlr  t  V      , 

iroprovcii 
fcr  »iecui 
••nrinjf  I 


oan^t  be  denied,  hut  as 
us  Ifrew  fttrooirt'f  upon 

It 


-^       1^.- 


\VA«»  a  reiii  'V 

i   the  Oret'i    ,    ^       ru- 
•  h  MT  d  ri-ad  ai  I  d  al»  u '  m' renoe 
W»  BOir  .-,  lliut  iifi  iiiari  bred    unto 

VxpcbaiHiftj^^i'  «)h'»uld  tic  Af^  ,!(>  any  'dlice 

«f>i4iMiira,  till  he  hu  i.at  rtnploy- 

1  tho  reaaon 


§ni  at   Icuat  tef)    ^ 
Viii  baeaoaa  the  Hugcrs 
lii  fliyott  uaed  to  timfiiG« 


iU  tiad  bKen 


The  Karl's  admtnititralion*  In  the  highest 
seat  of  justice  in  thiii  kin^om,  has  appeared  I 
to  your  lortkhipft  in  bans  been  one  ct>n tinned 
piratical  trndt*;  durinfi  the  course  of  which «  ^ 
from  time  Co  time,  as  op  port  on  it  im  hnve  af« 
fered,  he  haa  preyed  alike  npt>n  ftlaatent  tit»d 
sottors ;  his  craf ui^  appetite  was  in  n«t  aott 
checked  by  the  approach  of  death  itaHf ;  noil 
the  h  and  of  a  dy  i '  '  ' '  lor »  as  he  expressed 
hittt«elf  to  one  •  inters,  was  opeoeil  to 

receife  that  unjuai  ^^m  no  had  so  plentiftilt3r 
fed  upon  in  full  health  :  to  which,  and  his  other 
misbehaviours,  your  Jordahips  now  see,  that 
not  only  the  rntn  of  many,  e?eii  of  the  Master's^ 
but  the  diiihoriour,  distress,  and  oonftiHlou  Hill 
remaining*  in  that  part  of  the  public  justlcd 
must  he  imputed  ;  and  how  g-roundless  and  an* 
accountable  soever  tlie  repeated  assertions  iii 
the  Earrs  Answer,  that  the  Ma6t«rs  freely  and 
voluntarily  [larted  with  their  money  to  bimi 
now  appear  to  be ;  yet,  from  the  unwilliri^ness 
and  other  conscious  circumstances,  with  whicU 
he  has  since,  at  several  time«,  refunded  som« 
part  of  his  eitorsire  g'atns,  though  the  guilt 
IS  not  lesaetied,  his  lordibip  ia  tiiereby  self-coa<«. 
demned. 

The  fund  out  of  which  he  has  raised  his  un<* 
warrantable  profits,  oii^ht  to  hare  been  Uebl  by 
him  as  aacred  ai id  inviolable,  heint^depoi^itcd  iti 
the  tanctuary  of  his  own  Court :  hb  exlorlmn* 
therefore  must  be  judged  of,  not  as  private  vio^ 
latidns  of  property,  but  a«  a  pillage  taken  from 
the  treasure  of  the  public  ;  the  hvelihood  of  tho 
widow  and  fatherless  under  the  protecUouof  the? 
law  in  a  court  of  jti«iti(*c  ;  f real  part  of  if, 
perhaps,  dcdicate<l  to  charitiea .'  and  how  far 
your  lordships  may,  in  thift  respect,  conidder  it 
as  a  sacrikg^toUH  plunder,  h  WW  to  your  judg* 
meut :  however,  the  injuries  done  to  distreaaad 
^hip- wrecked  sufTerers,  hnvc  been  always 
esteemed  the  highest  barl»j«nfy. 

But  the  methods  the  Hsirl  lias*  uumI,  from  tima 
to  time,  to  «:ircuM€  anri  <x»ver  his  crimes,  thought 
they  were  the  notunil  refugaof  an  obiitnate^ 
unreli'oting  mind^  y^t  are  mora  beinoiia  than 
the  criniet  them*dire«»      Your  krdsliips  can't 
forget  the  oath  of  ht*  otHce,  which  lie  h;**  wl 
foritk  At  lart^e  in  his  Answer  ;  he  wma  t^worn  t<a 
do  right  to  ult  matiner  ol  ptHip)f<,  pcmr  and  riclip  i 
Rcenrdinif  to  the  lawx  mid  iisiiireti  of  the  •^****hn*  I 
and  nut  to  do  or  suffer  the  hurt  of  the  kiiit;»  iCJ 
he  couhl  hinder  it;  if  not,  clearly  and  e*prtiia^| 
ly  to  inike  it  known  to  him,  wah  hi*  true  ad-J 
rice  und  counsel.     It  ia  artrpriJiintf  to  find  hiif 
lordship  to  hav^f  so  iiiterly   Aliandoned  uJl  rt*- 
Uurd  to  Ihia  j^olemo  obit jjut inn,  as  the  whol^ 
course    of    hia  bchairioiir    fully   demonStnO^a 
Yi»ii  havealao  heard   the  oath'hc  caused  to  l»< 
ndinimstered  ta  the  Master*,  immediately  aft 
he  htid  ahiired   with   them   the  e stales  iH   \k 
suitors }    by    which   oath   they  were  likfwu 
snorn  neither  to  do  hurt  to  the  kinir,  o""*  to  ( 
any  fmod  to  the  hurt  of  any  of  the  fieu^Ai 
and  it  ha%  n|fi>ettrr«l  in  what  manner  lUey  \\\ik 
hi  I  *         '  ■  '    '    tl 

1 


1031] 


10  GEORGE  I. 


Trial  of  the  Earl  ofMacelesfiM, 


[1038 


wliich  he  had  procured  ;  sometimes  they  were 
threatenefl,  at  other  times  cajoled  and  sauced, 
but  always  deceived ;  and  this  artifice,  dis- 
dosed  by  this  Article,  was  his  last  shift.  Whea 
he  saw  the  storm  bes^an  to  arise,  he  deliberate- 
ly contrived  to  turn  the  fatherly  gooilness 
of  his  bountiful  master  to  the  destruction  of 
liis  people,  and/ by  this  most  unparalleled  at- 
tempt, to  have  rendered  the  throne  itself  the 
ahelter  of  his  iniquities,  and  accessary  to  his 
oppressions ;  but  it  will  now  appear,  that  this 
was  conducted  to  another  point,  to  screen  him- 
self Kom  thejustice  of  parliament. 

My  lords,  there  have  been  crimes  so  unex- 
ampled, and  of  so  horrid  a  nature,  that  the 
maieliictors  have  been  tried  at  midnight,  and 
immediately  drowned,  and  the  journal  books 
burnt,  in  compassion  to  mankind,  that  the  me- 
mory of  the  proceedini^  beings  destroyed,  the 
crime  itsdf  mig^ht  not  be  propa^i^ted. 

The  offences  of  the  impeached  lord  are 
ripened  to  a  fullness  surpassing  all  belief,  too 
big  indeed  for  the  ordinary  hand  of  justice ; 
but  the  Commons  of  Great  Britain,  whose  en- 
quiry he  vainly  flattered  himself  he  could  pre- 
vent (though  the  terrors  of  it  had  \un^  lain  upon 
his  breast,)  have  by  this  time,  I  presume,  con- 
vinced his  lordship ;  awl  his  example  will,  I 
liope,  convince  the  world,  tliat  no  offender, 
liow  great  or  subtle  soever,  can  escape  their 
justice,  of  which  this  public  proceeding  will  be 
an  eternal  monument,  as  well  as  of  the  shame 
of  the  unfortunate  earl. 

The  lord  Bacon,*  one  of  his  predecessors, 
made  a  frank  submission  to  your  lordships'  an- 
cestors upon  the  accusation  of  the  Commons, 
and  taking  comfort  to  himself  from  his  afflic- 
tions, uses  these  words,  *  That  hereafter  the 
greatness  of  a  judge  or  magistrate  shall  be  no 
aauctuary  or  protection  to  him  against  guilt ; 
and  that,  afler  his  example,  it  was  like  that 
judges  would  fly  from  any  thing  iu  the  like- 
ness of  corruption,  though  at  a  great  distance  ; 
which  tends  to  purging  the  courts  of  justice, 
and  reducing  them  to  their  true  honour  and 
splendour.'  He  did,  indeed,  urge  it  as  no 
small  excuse  for  himself,  that  bribery  and  cor- 
ruption, the  vices  of  which  he  stood  ini|)eached, 
v^erethe  vices  of  the  times  ;  but  the  Commons 
rejoice  to  find,  that  the  Earl  now  before  your 
lordships  in  judgment,  has  no  ground  to  claim 
the  s  line  excuse. 

The  admonitions  left  by  that  penitent,  great 
man,  and  (he  just  punishment  he  underwent, 
bave,  1  believe,  conduced  to  prevent  the  like 
evil  for  near  an  hundred  years,  though  they 
bad  not  an  immediate  effect :  for  an  eminent 
bistorian  of  those  times  has  recorded,  that  some 
time  afler  his  sentence  in  parliament,  meeting 
the  eari  of  Middlesex,  then  lord  treasurer 
(whom  he  had  ground  to  suspect  to  have  been 
ii^ramcutal  in  nis  disgrace,)  in  discourse  with 
h'ntis  he  recommended  it  as  a  rule  to  be  observed 
by  the  earl,  and  all  srreat  offlcers.  to 

"  Remember  a  Parliament  will  come." 

* —  -         •   —       ■...  —  ■. 

*  See  his  Cawy  vol,  2»  p.  1087. 


And  the  same  aathor  farther  observes,  that 
though  the  lord  Bacon  had  not  the  spirit  of  di- 
vination, and  though  the  treasurer  despised  and 
laughed  at  his  advice,  yet,  within  two  yean 
after,  the  treasurer  also  was  condemned  in  par- 
liament  for  bribery,  extortions,  opprenkwa,  and 
other  grievous  misdemeanours. 

I  will  conclude  with  one  observation  more : 
it  may,  my  lords,  be  too  justly  apprehended, 
that  the  most  dangerous  symptoms  of  a  de- 
clining commonwealth  do  then  appear,  when 
men  in  the  highest  stations  in  government, 
especially  those  which  concern  the  administra- 
tion of  justice,  shall  be  so  far  lost  to  all  sense  of 
virtue,  as  to  be  guilty  of  such  odious  crimes  u 
those  now  charged  upon  the  Earl ;  yet  «• 
promise  ourselves,  that  your  lordshi[»|  justice, 
in  the  punishment  of  those  crimes,  will  aflsri 
us  a  ho}K'ful  prospect  of  a  reviving  state ;  aod 
that  whenever  tlie  crimes  and  misdemeanoois 
of  this  unfortunate  carl  shall  hereafter  be  meh 
tioned,  it  will  be  remembered  at  the  same  tiuM^ 
for  the  honour  of  your  lordships,  and  tlie  benefit 
of  the  whole  nation,  that  he  received  a  coa- 
demnation  suitable  to  his  guilt. 

Mr.  SnelL  My  lords,  1  would  gladly  haie 
been  e\cusp<l  this  service,  because  J  have  beeo 
extremely  indisposed,  ever  since  I  received  ll» 
commands  of  the  House  of  Commons,  and  be- 
cause I  am  otherwise  truly  sensible  of  my  ins- 
bility  to  execute  those  commands  in  the  maoiMr 
they  ought  to  be  executed.  But  these  reasooi 
l>eiug  thought  insufficient  by  others  to  prefd 
for  my  abwnce,  it  is  no  longer  a  mutter  if 
choice,  and  I  must  comply  with  the  duty  hb« 
posed  upon  ine.  Your  lordships,  therefixCi 
will  be  pleased  to  consider,  (as  the  truth  ii)i 
that  what  I  have  to  say  is  only  the  piotloctoif 
a  few  hours,  and  that  it  is  impossii'le  for  me, 
in  so  short  a  time  to  offer  any  ohservaiions,  aoy 
arguments,  but  such  as  will  ap|rt>ar  cnido  tw 
indigested  on  this  great  and  ini|M*riant  sr.l>;*<t . 

The  Earl  then,  at  the  bar  stands  nn 'er  so 
Impeachment  of  all  the  Commons  of  Grnk 
Britain,  of  High  Crimes  and  Misdjnteanorsis 
his  late  office  of  Lord  High  CliancelliM  ao4 
though  the  Charge  against  him  la  tne  Artitsie 
now  under  your  lordships*  consideration  t>eof  ■ 
different  nature,  yet  iu  every  circumstance  it  ii 
as  highly  criminal  as  any  of  those  that  hive 
gone  before  it.  The  accusation  hitherto  btf 
generally  run  upon  corruption  in  \\\?  »ale  of 
uriices,  extortion,  and  a  series  ot'  foul  practirfi 
to  cover  and  conceal  the  deficiency  in  Dorner'f 
office,  wiiich  had  drawn  upon  him  an  uniienial 
cry  for  redress.  All  the  little  arts  that  W 
been  playef)  over  and  over  again  upon  the 
Masters,  either  by  applying  to  their  hopes,  or 
fears,  as  opportunity  offered,  had  proved  ia- 
effi.  ctual ;  and  some  other  expedient  must  bi 
fiuiud  out,  some  new  stratagem  invented,  to 
quiet  the  clamours  of  the  injured  suitors.  TbeN 
clamours  had  justly  arisen  from  a  suppositist 
of  the  Masters'  insolvency,  and  no  method  ceaM 
be  so  likely  to  serve  his  turn  to  appease  tbctfi 
as  one  that  would  make  the  Masters  Htm  M 


fmr  High  Crimes  and  Misdemeanorx. 


A.  D,  1725. 


[1034 ' 


(^  itisriUrnt.  lie  llietefore  veiiliin^il  lo  ftitvi^ie 
iriii  tM  a^*i*t  one  ttnoihfr,  to  re|»resef»t  Uieir 
ff  >*  in  a  folse  lijf ht,  b?  subacribinfT 

Iri'  >»»  AS  Mr.  tloH'ord  (mddone;   flti^ 

lus  Uv  fitoposHl  lo  ilectFivd  lt»e  Kuriurs,  anil  to 
i&kc  ttir  Ala^tPTM  opficar  to  iUe  worlil  able  to 
ns\«er  (be  tiionies  and  etr<  cts  in  thi.Mr  hands : 
lit  ibU  Ia4l  «*tfort  was  aa  tinsuccessrul  as  bis 
irinef.  Fi»r  U  tlie  MnHtem  were  abJe  ami  suf- 
cieut^  what  reiuon  could  he  have  fur  hi«  ajt-  i 
■plirtmoft^  of  n  parliumcntary  enquiry?  If 
■y  wier^  oot  idifpf  he  had  indeed  reason  for 
■lb  •f>p(^'li^>i*t(<^tis,  Hhitb   i  ^  utir  Jord- 

P^^oroom  todoidit,  buU)>  ici?  ivu^ 

*••♦•  with  a  view  only  to  kct  j*  ...t    «imir  out 
N^itiietit;     and    tfic  constant    anxiety 
lied  under  lo  secure  that  main  point, 
i-e  ihon   dccyiiher  the  iectkt  of  ibe 
'<\t  »nin taction, 

^my  lords,  this  exlranrdinary  step  could 
ed  iVoiii  any  doubt  tlie  Eaii  eouht  hnvCt 
r  the  parliainpot  waa  able  and  uiltin$^  to 
L  th€ae  tjrrievanccs  and  iDconveniences,  or 
Plher  il  h  oobl  ciiutribute  its  assistance  to  the 
el' of  the  suitors:    No.  my  lords,  he  knew 
Well  that  tbi  nt  was  Ibe  proper 

!  lor  rrdre*sjii:  t  the  courts  ut^iig- 

Hv  was  seoMijjr  mo,  that  il  bad  alwayg 
)  with  Accu«atioott  ;ind  Impcuclimcut^, 
I  thai  ill  actiouH  had^  in  no  Q^e»  met  with 
avtiiir  tht  rc\  He  coidd  have  no  bope»  tbnt 
^  aiubi^iiity  of  cxpre«!iiou,  his  dexterity  in 
lniii|^  upon  u-ords^  in  w  rt'istiuif  tbeir  proper 
Kc  and  meauiniC,  couhl  stand  hiiii  in  any 
Head ;  or  that  all  his  suliiiUy  ct>uH  be  a  match 
fior  the  wiadom  of  the  le(ri*ilature :  but,  perbnps^ 
m  might  im^gine^  that  a  committee  of  council 
■Dfbl  be  wroui^'hi  upon,  and  misled  by  up- 
ptafanccs,  at  lea^t  ro  fitr  as  to  pifUracl  the  evil 
lUy  ;  and  w  bo  could  tell  w  bat  time  or  accident 
tn-  '  .'    about?    Another   Act  of  Grace 

'H  iiijd  expunge  the  whole  score. 

i  M   Mii«i   have  I  1  it*?d  vour  lord«bips 

ai>d    the  llouKe   >  its,   and  ev<*n  the 

%r*-.-  '\  r  .^1  tiim^t  ,,^  ,,  luv  jijst  apprfheuiiiionR 
P'  I   ot    a  pjuliriinenlary  I'urpiiry  bad 

J-  *  n  roHiii  IV     Ml.  .-jiirj  «r»  Iht  SUller- 

a  repcnt-ince 

i*'?^  titid  a  re- 

mnnceuce  and  upri^blnesK : 

I  ^  find  It  had  a  vifry  diO'ereiil 

ct,   a  oiily  pioduced  a  vile  contrivance  to 

hiuiHtlf  ag^ainst   pnniibmcnt    for  what 

i^ifl.  and  lo  make  it  more  diilicult  here- 

riiiiit-tjHtt  turn  m  the  vatue  practicff;*    Tbiti 

n\  my  lorda,  which  is  mi  far  from 

ur  mercv.  Uint  it  calli*  aloud  tor 


^mu 


juacUrd  rarPi  iietion»  may  he 

bi  aity  proof  td  liia  iiiUmtiQii#»  ttie 


fact  statrd  in  this  Article  ^oei  Airtber,  anti 
im[dies  a  hold  and  desperate  alteatpt  to  mislead 
bis  majesly,  and  to  ohsiruct  bis  gracious  endea- 
tour»  to  hnd  out  propi  r  metbods  for  secariiij^ 
Iht*  money  and  efl'ects  of  the  suitors,  which  in 
Ml  instance  oii  one  baud  of  his  baseness  and  in- 
gratitude lo  his  fiovcrcigrn,  lo  whom  he  owed 
every  tbinu^ ;  oti  the  other,  of  his  injustice  and 
barbarity  to  those  of  his  fellow  .subject's,  whom 
be  had  injured,  whom  he  hod  oppressed^  during* 
the  whole  courseof  his  tyrannic adminititraiion^ 

What,  my  lords,  must  hare  been  the  conse^ 
4pieiice,  if  this  contrivance  bad  passed  ?    And 
it  would  have  passed  upon  a  prince  of  less  dis- 
cernment than  his  majesty.     Whenever  it  hacf 
been  discovered,  all  the  obloquy  would   have 
been  thrown  upon  his  sacred  person,  as  if  he  , 
had  been  en^ra^cd  in  a  confederacy  to  skreim 
that  ^uitt  wiiich  he  was  labouring^  to  detect,  i 
But  the  Earl's  avaricious  temper  had  set 
t«  rong  a  bias  upon  his  actions,  that  llie  m<*an9  | 
by  which  he  proposed  lo  shelter  himself,  and 
to  conceal  hii^  depredations,  have  brought  upon 
him  (wliat  be  so  long  dreaded)  this  just  and'l 
necessary  prosecutioD. 

As  to  the  Ejrr&  Answer  to  ihia  Article,  I  i 
hope  1  may  be  excused  the  liberty  of  saying,  | 
that  it  is  either  vain,  evabive^  or  false.  I 

He  hej^ios  with  enumerating'  the  many  in*  ' 
eon%emenees  and  abuses,  which   he  iboue^h^j 
necessary  tt»  be  reformed  in  the  Court  of  Chan- 
cery, ami  with  u<isur}n^  your  lordships  of  his 
f^ofiil  iutcnttOQs  to  contribute  to  tike  relbrmatioq  I 
uf  tliem  ;   hut  yoiir  lordshipa  will  heat  judge  of  ] 
this  jireteudt^l  %eal,  and  of  the  sincerity  and  < 
candour  with  which  it  is  uri^ed,  by  considerini; 
J  be  constant  tenor  of  his  actions,  by  eiaminin^  \ 
whether  he  can  produce  any  instance  of  hii  ' 
bavin;;  endeavoured  to  corrvct  these  abuses,  or 
to  remove  these  incoovenieiices.    Now,  i  don'l 
Hud,   il  '    l«f»  whole  Answer,  nor  have  |  , 

bdiril  !,  that  he  ever  attempted  any 

tbini^  ui  i[i:ii  Kind.     On  the  contrary,  it  is  |o<|  j 
apparent^  that  many  of  ibem  look  their  i 
nhile  be  presided  m  Chancery. 

In  the  next  place,  my  lords,  hearro|yatei  to\ 
himself  the  merit  oi  that  enquiry,  v^hicb  his 
majesty  had  directeu  to  be  made  by  a  coiumiitee 
of  bis  privy  council ;    and  insists,  that  tt  was 
the  effect  of  bis  a{)phcution. 

How  true  this  aMerlion  is,  some  of  your  t 
tord-ihipK  may  know.     But  the  part  be  acteil  iit  I 
thai  enquiry  mi|^bt  have  obli^iHt  bim  to  silence, 
or  at  \fjisl  hii%e  restrained  him  from  boastings ojf  J 
bis  conduct.     Tlie  Coiiiuioum  ebarj^e  biui  di* 
rccily  Willi  obdtruetin;;  the  methods  then  pro* 
posed  for  seeuriuk^  the  property  of  the  suitors^  i 

'  il  ii  not  a  suHieient  annwer  to  say,  that  thii 
ry  was  beiruii  al  bih  instance,  and  thai  hi 
l„r.,},ed  the  Mantcra  to  brinjf  In  their  ucriniipt^i 
for  all  this  may  be  true,  ami  yet  he  might  |^iv#  j 
thctn    'I'*"  Mtlvire    I    have  already  mentionrdf  I 
artd   <  1  of  to  yourh^rtUhip^.     Surely^l 

my  b'l  |iJH(irc  i|y*'  lo  t>i>i  miy<'»<ty,  to  oW( 

serve,  uponthi-  irtof  the  Bart*| 

Answer,  (hatwli  i«*  had  in  sctlia^ 

this  etiquiry  on  ioot^  alt  the  |^ood  fruits  to  b^l 


10S5J 


10  GEORGE  I. 


Trial  (fthe  Earl  ofMaccU^etd^ 


[lOSG 


bojied  for  from  it  are  the  result  only  of  bii 
tuBJetty '«  iiatcmal  care  of  his  people. 

lie  further  saya,  that  be  never  thought  of 
preYeotiog  a  paHliaiiieDtary  enquiry,  any  other 
way^  than  by  makiug  it  unnecessary,  and 
by  procuring  the  suitors  a  full  redress  of  all  their 
grierances,  ^sc, 

This  is  another  mstanee  of  bis  distngennity : 
for  the  grieFanoes  complained  of,  could  no 
where  be  redressed  but  in  parliament;  and 
therefore  nothing  mors  can  be  understood  by 
the  words  [any  other  ways  than  by  making  it 
unnecessary]  than  by  making  it  seem  unneces- 
sanr ;  which  is  a  poor  and  mean  prerarication. 

Nor  is  there  any  credit  to  be  given  to  what 
he  urges  in  excuse  of  his  fraudulent  proposal 
to  the  Masters,  vis.  That  while  the  acoompts 
were  taking,  all  the  Masters,  at  least  all  that  he 
saw,  except  Mr.  Kynaston,  had  declared  that 
they  had  efTecta  sufficient  to  answer  their  whole 
acoompts,  &c. 

For  we  shall  prove  to  your  lordships  by  Mr. 
Thomas  Bennet,  and  Mr.  Kynaston,  that  it  is 
fidse,  unless  youMI  suppose  them  perjured :  fur 
they  are  very  positive,  tnat  the  Earl  never  asked 
them  whether  they  had  efiects  to  answer,  or 
not,  or  were  able  to  pay  in  their  cash- balance: 
nay,  they  are  sure  they  did  not  tell  him  so, 
because  m  fact  it  would  have  been  false  if  they 
bad. 

Besides,  your  lordsliips  will  have  the  concur- 
rent testimony  of  almost  all  the  Masteri  to 
prove,  tfaat  (while  they  were  making  up  their 
acoompts  to  lay  before  the  committee  or  coun- 
cil) they  were  directed  by  Cottinp^am  and 
Dixon  to  assist  one  anotlier  in  making  a  shew 
of  their  abilities  ;  and  that  some  of  them,  viz. 
Mr.  John  Bennet,  Mr.  Godfrey,  and  Mr.  Con- 
way, complied  with  this  direction,  which  we 
must  ascribe  to  the  Earl  himself,  as  being  giveu 
by  his  two  chief  agents  and  ministers. 

Who  is  it,  my  lords,  that  has  been  guilty  of 
the  crimes  laid  in  this  Impeachment  r  It  is  a 
peer  of  parliament !  a  Lord  High  Chancellor 
of  Great  Britain !  and  how  precarious  must  be 
the  property,  how  deplorable  the  condition  of 
the  subjects  of  this  kingdom,  if  such  crimes 
should  nut  be  punished  in  so  exemplary  a  man- 
ner, as  to  carry  down  terror  to  all  sncce 
chancellors  ? 

My  lords,  if  I  have  expressed  myself  with 
too  much  acrimony  on  this  occasion  ;  if  what  I 
have  said  has  any  way  olfendeil  the  impeached 
Earl,  1  hope  he  will  do  me  the  justice  to  be- 
lieve, that  I  meant  it  only  in  detestation  of  his 
crimes,  and  not  in  disrespect  to  his  person.  For 
I  assure  him  I  should  have  been  heartily  sorry 
i'oT  the  miKfurtune  he  has  brought  upon  himself, 
if  it  had  proceeded  from  ignorance  or  neglect, 
and  not  fmm  an  insatiable  appetite  after  illegal 
gains,  which  he  is  pleased  to  mis-call  voluntary 
presents,  and  for  which  I  must  ever  entertain 
the  utmost  abhorrence.  I  will  therefore  eon- 
elude  with  a  word  of  advice  out  of  the  Scripture 
for  his  future  conduct,  <<  That  he  shall  receiTe 
no  gift  ;  for  a  gift  blindetli  the  wise,  and  p«r* 
vtrteth  the  wocdpof  th«  righteom." 


succeeding 


Serj.  Pengelljf.   My  lords,  we  beg  leave  tbii 
Mr.  Thomas  Bennet  may  beezmmined,  and  that 


■  people  could  do :  I  had  beg^o  to  BMkc^ 
iccompts  ;  I  conki  luivf  done  it  in  a  ihil 
,  bavinff  been  in  but  a  little  while :  sikHk 


he  may  ffive  jronr  lor4phip8  an  aceoiMt  of  whst 
passed  atlerthb  enquiry  directed  by  hismajcsly 
begun  ?  What  order  and  direction  the  Mastsn 
received  ftt>ni  his  lordship  in  the  czecutioa  tf 
that  enquiry  ? 

TAo.  BenmeU  My  tords,  I  tUnk,  oo  the  Mif 
November  last,  we  received  an  order  from  ■? 
Lord  Chancellor,  to  make  up  our  acoompts.  K 
was  a  very  particular  order,  expresaad  sbi» 
dahce  of  Items,  and  columns,  in  what  buhht 
those  aocompts  were  to  be  made  up.    The  ll» 
ters  had  a  meeting  on  this  occasion  ;  and  agnit 
maujr,  if  not  all  of  them,  agreed,  that  the  mudw 
up  of  the  aocompts  in  that  manner  aa  my  Im 
ChancelkMr  had  directed,  was  impracticable iiw 
short  a  time ;  for  we  were  directed  to  do  it  ftrt^ 
with.    It  Was  represented  by  some  of  the  ll» 
ters  to  Mr.  Cottingham,  aud  I  beKevo  t^  }m 
to  my  Lord  Chancellor,  that  it  was  iaiipssiili 
to  do  it  in  so  short  a  time,  and  it  would  ttifcs^ 
a  month  or  two,  or  more.    1  did  not  know  otal 
other 

my  aocompts 

time,  havinflf  been  in  but  a  little  while 
indted,  that  had  been  in  twelve  years,  and  Mi 
have  given  an  accompt  of  the  whole  prooH^ 
ings  of  that  time,  could  not  do  it.  I  wis  i» 
formed  by  my  brother,  that  he  could  nst  hsM 
done  it  iu  a  year :  but  soou  afterwards  I  M 
told,  that  tlie  order  was  dispensed  with  bj  if 
Lord  Chancellor;  and  all  we  were  ts  % 
was  to  make  up  an  aceompt  of  the  biliBtf 
of  tlie  money  and  securities  thiat  were  ia  m 
respective  offices  distinctly,  the  money  wi 
securities  in  two  distinct  columns,  only  Ai 
sum  total  at  the  bottom.  This  order  the  U» 
ters  all  complied  with,  as  appears  by  their » 
coinpts :  and  between  that  and  the  9lb  daj^ 
November  following,  we  had  several  nMSHp 
froi/i  my  Lord  Chancellor  by  Mr.  Cottinglii 
to  dispatch  these  accompts ;  for  they  sot 
much  wanted,  being  to  be  laid  l»efore  the  osh 
mittee  of  council.  On  the  10th  of  Noreakff 
we  had  express  orders  to  appear  at  my  U^ 
Chancellor's  house  with  our  accompts  re^^ 
All  the  Masters,  except  Mr.  Conway,  «* 
there. 

Serj.  Feng,  1  desire  he  may  be  asked,  if  ihi* 
was  any  other  meeting  before  that  of  tbs  10^ 
of  November  P 

Tho,  Bennet,  I  think  there  were  some  ■!# 
ings  at  Mr.  Edwards's  house  by  Mr.  CoUiif' 
ham's  direction  before,  and  after  that  at  i^ 
lord's  bouse.  At  those  meetings,  at  ooi ' 
them,  I  particularly  remember,  (whkb  wuA^ 
most  material  of  all)  Mr.  Cottingham  brasftt 
Mr.  Dixon  with  him,  and  introduced  him,  Mr 
iug,  we  need  not  be  afraid  of  Mr.  Dixoo,^* 
bmuglit  him  there  by  my  brd's  directinn,  k^ 
cause  he  himself  waa  deaf,  and  oooM  not  iip 
hear  what  was  said.  Upon  that  be  bogaa  hii  ^ 
message,  and  said.  Our  aooonnta  were  lb*  b 
laid  before  the  council  just  at  that  tinis:.^^ 
~"  he.  Suppose  my  Loid  ChaDocHor  m^ 
Mil  ihonld  €XgM  that  tha  boyi  ^ 


i    fnr 


Jhr  High  Crimei  anA  Mitdimmnors* 


A,  D.  17f5- 


[1038 


lOiiM  b^  fii«^#c<e(lt  «»oqUI  vou  be 
f^r unties  t     Ti>e  Ma«- 


in  j^eacnil^  tluit 
A.  La  jiro- 

f,  or  the  1  n  Irom 

itber  ttu  _        'Vi^t  of 

^,  Cf  VouA^t  only  »o 

llani  *  ami  nhew  it.     We 

tr  fve  ^houtil  {j  rod  lice  rt  io  p}ld- 
f,  or  Hank  notes  ?  8«iy«  he^  1  be^ 
lilht  not^  will  servp  :  ytm  are  lo 
Mniuse  M'  voor  caiih  ;  but  I  tKink 
i  will  do  tctlcn  U[KHi  that. Mr. 
ax(1»  1  (loa'l  knoi¥  wbat  tire  coaae- 
jpmay  \m,  Suppose  wbeo  we  bnve 
fee  note«  they  fihould  be  (leiaincd 
m  afraid  ni(^t  of  the  i;otdsmitb*s 
Ti^mple-lj^r  would  be  shut  up  the 
id  emjuiry  wouhl  be  tnade^  wbal 
Mra«f  ftnd  thousanilif  of  famrhcs 
ioeil  by  tbu  tiajiKaclioo*  Mr.  Cot  - 
J,  You  amy  stand  by  aDdB<«ist 
Mr.  Rynaston  auid/l  find,  we 
irifke<l,  Mid  g^ivcn  up ;  ibr  my 
kbf'r  borrow  tior  lf»tid  ?  any  one 
lis  ;  '      ■  :  '  '  ■  '  i)ds  is  a 

li  I  great 

Com  nullum  niiu  >jr.  Oixon 
^  my  Lord  Chancollor,  and  staid 
^and  balf|  and  then  returned  to 
^  tkv  ford  was  very  busy,  a  ad  dia- 
|if  no  we  went  home. 
1^  Whfo  wa«  tb«  next  m«etiim^  P 
net.  I  diMiH  remember  ;  w#  bad 
linci.    I  doikH  remember  when  the 

#.  Wbal  poaitd  on  the  imh  of  No- 
BirpfCMnoft  of  tny  lord  i^Uccled* 
ti0a»tF 

Mil*  When  w«  cftme  to  my  I^rd 
a  botiae,  u|»oii  Ibe  lOib  of  Novem- 
r  Matten  then  pfffient  carried  up 
two  or  three  had  not  tlieir  ac* 
riiy  brother  and  Mr.  Conway 
'  wntQ  r^ftdy  carried 
rdioft^to  seniority, 
i.  The  fimt  was 
to  bit  ttcrompt,  a 
worda*  or  that  it 
r  a  fub«?rt|iijon, 
-fiadt  and  that  he 
iiked  it  Tery  wt-tl ; 
[*  upon  ttio  tuble. 
Qoc^mfpt,  and  no 
'\  them  all  ov«r; 
*  I  rem  em- 
my  a«eoi0fii. 
KucnHHi,  -^  1  am  realty  iukI 
and  other  ieottfiUci  in 


my  handii,  may  be  iii«per1td  by  «iiob  pvraoi|  < 
PI  sour  Inrdxhip  ahall  ap|K>iot.'*    My  iotd,  afirr 
|ouktn|f  them  all  orrr,  auid  be  liked  Mr,  UoU 
fordV  V  '  inrmMjd,   BjiyB  be^  1   wiab  yoii 

wotihJ  ii!»e  of  thai ;  for  it  would  be  for 

your  hviiirui   auxi  ^ervice^  to  uiake  yunraelve^ 
appear  able  and  suOicicut  to  nnnwcr  the  tOtrit 

^k^'A    tiiy   lord| 
ronussiua  , 


>v..l. 


I*'    '       r.    • 


,  ft  Ays  he^  4 


1  apprehend,  wilf  prevent  a  parUameutary  eu-'l 
quiry. 

Her).  Feng.  We  desire  thai  Mr.  Hciuiet  ma^  . 
repeat  tho  expreusion  my  !ord  made  ti>ie  of  to  ^ 
persuade  them  to  subscribe,  as  Mr.  Ilolford  bail  | 
done  ? 

Tho.  B^nnrf.  <*Thnt  they  might  appear  Me  ] 
aud  suffidcni.**     !  think  those  were  the  words* 

8erj,  Pens.  My  lor«ls,  I  de^^ire  lie  may  l>a  1 
asked,  whether  my  lord  bad  at  that  ttmeinadtt J 
an  enquiry  of  tl»e  Miisttri,  whether  Ibey  wei»  , 
able  and  sufficient? 

Hio,  Bennti.     I  can  only  answer  for  myself* 
My  lord  did  not  ask  me,  whether  I  was  able  ] 
and  sufficient ;    but  only  directed  me  to  write 
that  flohicrjplion  that  Mr,  HoUbrd  had  done;  , 
and  I  did  jjo  down  and  write,  in  t fleet,  that 
subscription.     1  did  subscribe  thus :  *'  My  lord, 
I  baTe  all  the  securities  standing  in  my  name^ 
as  in  the  within* mentioned  accorapt  are  speci- 
fied ;    as  also  the  tallies^  orders  and  bonds  iii 
my  custody  ;  and  as  lo  the  money,  1  am  ready 
to  gi\e  your  lordship  satisfaction,  that  1  am  ^ 
able  to  answer  it  lo  eyery  person  that  is  enti- 
tled thereto**'    The  wonfe,  **  to  a  deutonstra*  ] 
tion/'  which  are  in  Mr.  Holford's  «uh«criptioDi ' 
I  omitted,  because  I  could  not  make  it  out  to^ 
the  lords  of  the  council. 

^»erj.  Peng,    My  lords,  we  beg  leave  to  pro* 
iJiice these  accompis,  »ud  Uiew  to  yom'  lord*] 
ship  that  subscription  of  Mr.  Hotlbrd,  thalifati 
to  lie  foliuuHl  tiy  the  other  Mftslen,  and  lUmi 
first  61  'of  Mr.  Betinet. 

BIr.  Pray,  tell  my  lords*  tf  you  caaj 

reme  m  ber ,  vv«k  «*  there  an  y  utber  c^rewio o  i 
use  of  Ht  that  time? 

Thth  BmneL    Tlie  expression  was,  it  would 
be  f»r  our  honour  and  service  to  afipear  ablaj 
rir.  '  -    '""'■ifnt, 

''>>w.  No  other  vrords  ? 

ifn>.  lyrnntt.  And  it  wotild  be  a  means  to 
p>revent  a  paHiamentury  eiK|itiry. 

Mr.  Omhw.  Was  there  nothing  mentioned 
rebtmi^  to  a  stand? 

Tho.  Bfnnei.  I  don*t  remember  that  then  ; 
Mr.  Cottingham  said  somethiug  of  that  at  a 
meeting  aintr,  Edwardi^V 

[Tlie  subscription  shewed  to  Mr.  Bennett 
and  proved  by  bim  to  be  Mr.  Holtbnrs  hand  ] 

Serj.  Peng.  My  lords,  we  beer  leave  that  ibis 
f nbseription  may  fie  f«ad,  wbiob  was  tx>  Ui  foL- 
lowed  iy  all  the  Masters. 


*'  1  b*ve  all  th«ae  aeeurtUes  standing  in  my 
tm9»^  is  ill  tbta  aflcompl  m  specifiiMl,  and  «i«^iU 


1039]  10  GEORGE  I.  Trial  of  the  Earl  ofMacdctficl^, 

procnre  certificates  from  the  proper   offices  i  curities  and  caRb,  anil  the  balance  in  ea 
ibat  I  have,  and  had  them  before  the  account,     Itr's  bands.     Siian  nftrr  the  rest  cair 


if  your  lordship  requires  it.  And  as  to  the  ino 
ney,  i  am  ready  to  {rive  your  lonlsbips  safiH- 
fuctioD,  to  a  demonstration,  that  I  have  it  in  my 
poiver  to  answer  it  to  every  person,  that  shall 
appear  to  be  entitled  to  it,  and  who  can  give 
me  a  legal  dischai^." 

Serj.  Pcfng.  We  beg  leave  to  read  Mr.  Tho. 
Bennet's  first  subsGription,  that  my  lord  was 
not  satisfied  with. 

\Chrk  reads :] 

<'  51^  lord,  I  am  ready  and  willing  the  secu- 
rities, in  the  foregoing  accompt  mentioned, 
shall  be  inspected  by  such  person  or  persons  as 
your  lordship  shall  be  pleased  to  appoint. 

"  Two.  Demnet,  V^th  Nao.  1724." 

Ser).  Peng.  Your  lordships  observe,  there  is 
nothing  iu  this  subscription  as  to  the  cash,  and 
the  producing  it.  Now  we  beg  leave  to  see  the 
subsequent  subscription. 

\Ckrk  reads :] 

"  Nov.  10,  im.  My  lord,  I  have  all  the 
securities  standing  in  my  name,  as  in  the 
within- mentioned  accompt  are  specified;  as 
also  the  tallies,  orders  and  bonds  in  my  custody. 
And  as  to  the  money,  1  am  ready  to  give  your 
lordship  satisfaction,  that  I  am  able  to  answer 
it  to  every  person  that  is  entitled  thereto. 

"  Tuo.  Beiinet." 

Seij.  Ttng,  Your  lordships  observe,  he  hatb 
lett  out  the  words,  **  to  a  demonstration,''  be- 
cause be  thought  that  he  could  not  so  clearly 
make  it  out.  I  beg  leave  to  mention,  that  these 
accompts  and  subscriptions,  thus  altered,  were 
actually  delivered  in,  and  laid  before  the  coun- 
cil, and  are  the  original  accompts. 

Serj.  Probyn,  My  lords,  I  would  gisk  11  r. 
Bcnnet,  when  this  proposal  was  ofiered  to  him, 
that  he  should  subscribe  as  Mr.  Holford  had 
done,  whether  he  made  any  excuse,  or  pretend- 
ed he  was  not  able  to  do  it  ? 

T/io.  Benncl.  No ;  I  did  not ;  I  did  as  the 
rest  of  the  Masters  did. 

Com.  Serj,  I  desire  he  may  inform  your  lord- 
ships when  this  was  ? 

T/u).  Bcnnet,  1  think  it  was  the  11th  or  12th 
of  November ;  1  canH  be  posiiive  as  to  the  day. 

Mr.  K^naston  called. 

Serj.  Peng.  My  lords,  we  desire  that  Mr. 
Kynaston  may  give  your  lordships  an  account, 
whether  he  was  present  at  this  meeting  on  the 
10th  of  November,  and  what  passed  there  re- 
lating to  their  accompts  ? 

Kj/naston,  Yes,  my  lords,  I  was  tliere  the 
lOlh  of  November. 

Seij.  Petig.  What  passed  at  that  time  tt  the 
carl  of  Macclesfield's  r 

Kynaston.  I  think  I  came  there  before  the 
rest  of  the  Matters,  or  only  two  or  three  were 
there  before  me.  WegifeiBjrf>>^**kMMiiinft. 
thet  we  h«d  dnm  MK  jHttW 


lonl  tirst  received  Mr.  Holford's  acconi] 
the  elder  Master.  A  letter  at  the  end  o 
compt  was  read  :  my  lord  seemed  lo  he 
with,  and  to  approve  very  well  of  it. 
was  some  writing  at  the  end  of  itrelatii 
ability.  My  lord  said,  it  would  do  ver^ 
have  something  to  the  same  purpose  al 
of  the  other  Masters'  accompts,  and  m 
to  us  to  go  down  and  write  it ;  acconii 
did  go  down,  and  most  of  us,  if  not 
write  to  that  purpose. 

Serj.  Peng.  Can  you  recollect  what 
sions  the  earl  of  Macclesfield  used,  to 
mend  it  to  the  Masters? 

Kynaston,  My  lords,  I  can't  justly  re 
I  thmk  it  was.  It  would  look  well  bel 
council,  and  prevent  a  further  enqnii 
parliamentary  enquiry,  I  am  not 
which :  but  that  I  untierstood  to  be  the 
ing  of  it. 

Serj.  Peng.  What  was  it  that  wo 
well  to  the  council  ? 

Kynaston,  What  Mr.  Holford  had 
the  bottom  of  his  accompt,  *'  That  thi 
ready,"  &c. 

Serj.  Peng.     My  lords,  1  desire  he 
asked,  whether  there  was  au  enquiry  o 
the  earl  of  Macclesfield  as  to  his  ability 
ficiency  ? 

Kynaston.  No ;  I  am  sure  as  to  roysf 
I  don't  kliow  as  to  any  bo«ly  else. 

S<.TJ.  Peng.  I  desire  he  would  infer 
lordsliius,  what  subscrip^on  he  had  fir£ 
and  what  was  added,  or  what  adii( 
given  ? 

Kynaston.  I  had  writ  before :  **  My  k 
person  I  employe<l  to  write  out  this  ic 
hiis  only  gone  thus  far  as  to  the  numbrr 
Ininds.  I  have  brought  the  bonds  with  i 
desire  you'll  appoint  any  person  to 
them,  and  the  other  securities  I  have  her 
an  acouunt  of.*' 

Serj.  Peng.  ^Vhat  was  writ  aften 
This  is  wrote  with  a  diflerent  ink  from  t 
lore  :  '*  And  as  to  the  money,  i  am  n 
pay  it  to  the  |iersons  entitled  thereto." 
is  with  a  diifercnt  ink. 

Kynaston.  I  believe,  ii|)on  looking  up 
weiit  down  with  the  rest,  and  writ  that 
parlour  in  my  lord's  house. 

Serj.  Peng.  I  desire  he  may  l»e  nsk«l 
ther  he,  ur  any  other  of  the  Miisiers  th 
ceived  any  explanation  how  this  sufficie 
ability  was  to  appear  ? 

Kynaston.  Not  then,  1  don't  remeub 
thing  of  it. 

Serj.  Peng-  Or  at  any  other  time? 
Kynaston.  Some  time  alter  this,  this* 
10th  of  November,  and  1  lielieve,  betnee 
and  the  ICth,  when  we  were  to  attce 
judges,  the  IVIosters  were  summoned  to  « 
Mr  Edwards's  house :  I  u nderstOiHl  if 
sammons  from  my  lord  MacclesficM; 
when  we  were  here,  there  caifte  Mr.  0« 
(feHi  «ii  Mr.  DuEOB.    1  dw't  i 


H] 


Ji^r  High  Crimes  and  Miidemeanors* 


A.D.  1725. 


[ion 


ourve ;   hut  titty  were  telliiit^  us  i»hal  vrav 

b€  done :    fir«t,  wc  were  lo  jM-odiiCfr  our  se- 

riticn,  amJ  tUc^re  wotild  be  no  ^re>t  nicely  in 

>JiJcii»^  llj«»in:    &nU  Uien^  next,  we  were  to 

dyce  tbe  ImlAitce  of  cash  t  antl  I  rtmeniber, 

Lttiit,  Mr.  Couiii§:b«m  snij,  You  must  ftantj 

^oue  ftnoiher,  and  asslsit  one  another.     Bank 

«f»  (tairl  he,  will  he  Kcsl ;    but  iT  you  can't 

t them,  then  goltlamilbi*  notes;   you  must 

t  one  or  other  to  jiroihioe  and  sbew* 

Lutwyche,    1  desire  he  may  be  asked ^ 

\  tboufs^bt  he  meant  by  the  propofial  of 

^  goldtini^hs'  notes,  or  Bank  notes  ? 

r^itoi^uit*     I   did  take  tbe  meaning^  in  the 

lo  be,  for  I  he  Masters  barely  to 

ke  aihew  of  th?m  ;  and  that  mnde  me  com* 

Hn  ;    and  1  spoke  warmfy,  and  said,  I  saw 

at  llie  design  was  ;    and  whoever  borrowed 

money  on  that  occasion  was  a  kDaTe,  and 

[that  lent  it  was  a  fooL 

Ir  Ltitw^yche.     I  desire  he  may  be  asked , 

Pthcr  lljere  was  any  recommendation  by  Mr. 

tin^ham  or  Mr.  i>txoo,  and  in  what  parti- 

ir  expressions  tboie  recommendaiioDa  were 

%^att9a.     I   believe  Mr*  Lightbonn  ex- 

1  htmselt^  That  if  they  borrowed  jjoM- 

^  notes, and  tbey  weredetuined,  the  ^oid- 

^ahops  would  be  shut,  and  people  would 

~iring  what  holiday  it  was. 

utwye/ic,  t  dcflirc  be  may  he  avked, 

said  aliout  mukinj^a  shew?  If  Mr. 

"^lowned  what  was  the  meaniog  of 

fynaiton,  I  don*t  remember:   They  were 

wariDi  and  said  they  would  ^o  to  my 

^'xltfif  field,  nrhicli  they  did,  and  relurufHl 

,  Tlummtr,  My  lords,  1  desire  he  may  be 
hit   wheiher  it  was   tfeneraUy   nndersiiMid 
*'     ".rs,lhiit  giving  of  Bunk- notes 
notes  was  to   bt!  understwid 

\ion.  \  understood  il  so  myself^  and  I 
everal  ntherii  did  ;  Mr,  Lightboun,  and 
U'ordt  and  lome  of  tbe  otbcre  did  so,  by 

^  SHld. 

My  lords,  we  hare  dooe  witli 

,  Prohr^n,  My  lonU,  V  de«tre  to  aak  this 
the  same  question  tliat  J  asketl  the 
aod  tliat  iPi,  whether  at  the  time  when 
Ipmpoaal  WA%  made  to  him,  that  he  should 
as  Mr.  Holford  had  done,  he  made 
J[ol^eebun  to  il  ? 

ptyiwatfini.  No^  I  dM  >     !vt?  any  objec- 

\  \p  It.     I  htfjl  Ijeeti  I  ^m\  with  my 

I  at  ihn  farther  imu  u*  unf  rooni«  ibatt 
what  bappetied  at  that  ttoie^ 
rpeo^bdid. 

Mr.  LightbQUfifMe^, 

|.  Ffa»f  *   My  lords,  we  dasire  Ibal  Mr. 

\  titay  give  an  aooount  ofwhat  pisaed 

|»M<jsMr«  i^hitiog  to  tho  bringing  m  of 

Whil  pMctiofF  That  At  llr. 
3tVJ. 


£d  wsrd^^fl,  or  that  at  ibe  earl  of  Macclesfield's  ? 

8erj.  Peng.  That  at  Mr.  Edwardrs's. 

lA^hthoufu  I  was  at  Mr*  Edwards's  abont 
that  time,  at  some  meeting  when  our  aceompt^ 
were  talked  of,  hut  whether  it  was  befure  the/ 
were  deli veretl  in,  or  afterwards,  1  cannot  tell. 
We  had  so  many  meetings  about  that  time  at 
Mr.  Edwards*»,  that  I  don't  remember  exactly, 
which  was  l»efore,  and  which  after*  I  re- 
member, at  the  meetlnif  when  Mr.  Cotiiiigbant 
and  Mr.  Dixon  both  were  there,  there  was  somft 
discourse  relating  to  the  produrinj^  of  the  se- 
curities, ond  of  the  balance  of  the  cash*  I 
then  asked,  whether  we  should  produce  it  in 
Bank  notes,  or  goldsmiths*  notes;  and  I  un- 
derstood, it  was  hinted  that  the  goldsmiths  that 
we  had  dealt  with,  would  assist  any  Master 
that  wanted  money,  but  by  whom  it  was  said  i 
can't  recollect*  The  answer  1  made  to  that 
was,  that  1  should  be  sorry  that  any  Master 
should  lM>rrow  notes  of  a  goldsmith,  and  that 
they  should  be  staid  or  secured  when  produced, 
which  I  apprehended  would  be  done;  and 
ne3£t  morning  several  goldsmith  woubi  be 
forced  to  shut  up  iheir  shops,  and  it  would  look 
like  a  holiday  in  Fleet-street. 

Mr.  LutwifcAe,  Do  you  remember  any  thing 
ConcerninGT  a  net  ? 

Ligfitinftin,  I  donH  remember  the  expr 
of  a  net. 

Mr,  Luttnt/cht*  Whst  application  was  made 
to  any  of  the  Masters  to  carry  in  their  ac^^ompts, 
and  to  whoni  F 

Mr.  Light boun.  My  lont  Macclestield  one 
mbrnin^j^  scut  for  me,  and  desired  me,  th« 
when  the  accompts  were  brought  into  thf 
council,  1  would  be  iherenbouts ;  that  if  there 
was  any  occa(»ion  to  cl«Hr  up  or  ejf[drtin  any 
thtni^^  or  g'ive  farther  sntistnction  to  <he  council^ 
I  ini|^ht  be  ready.  I  told  bis  lordship,  I  would 
^ivc  no  salisf action  aboul  any  one's  accompte 
but  my  own.  But  if  his  lord<ihip  pleased  that 
I  should  attend,  1  would  be  ihereabouls  i  and  if 
his  liirdship  pleased,  I  would  have  another 
Master  with  me:  I  named  Mr,  Hollbid,  and 
my  lurd  desired  me  lo  acqunint  Mr,  ilolfor 
with  it,  which  I  did ;  who  aaid,  he  was  ready 
to  pro  with  me  to  answer  any  queslion»#  tha 
should  be  asked,  arising  on  the  perusal  of  hii 
accompts. 

Mr.  Lutw^chc,  What  did  he  des^lre  you 
attend  for? 

Lightlnmn.  To  resolve  any  question  or  difl 
cutty   that  should    arise  before    the  council 
AtWr  this  Mr.  Cottingham  (old  Mr.  Holibrd  at 
Mr.  Edward's^  that  my  lurd  tlesired  thai  two  at 
the  jMaster»  should  attend  the  count  il  wiih  the 
accompts  of  the  whtde,  and  that  Mr.  lloifurd^ 
beings  the  senior  Master,  should  lie  one,  and  hi 
wa«  tn  choose  whom  be  would  have  g^  alou^ 
with  him  ;  and  1  havinff  jfiveo  Mr,  Holford  in^ 
limation  Wfore  <if  my  lord's  inclination,     MrJ 
Holford  de&tred  me  to  tro  with  him.   I  told  him- 
1  did  not  care  toj  carry  in  any  other  accomplej 
thao  my  own  ;  as  1  hud  not  concerned  myselQ 
in  other  Masters  accompts,  1  would  not  theajj 
begin  ;  I  WQttld  not  cavry  aoy  hut  my  own,  aut( 

ax 


tM3] 


10  GEORGE  T. 


Trud  of  the  Bart  o/Maodtsfidit 


^ 


nobody  else  ehould  carry  fn»Re ;  I  would  not  l>« 
a  re^iresentatiTe  of  the  IkkIv.  Upon  tbal  Mr. 
Hoiford  recoltf^cted  himself  und  saitJ,  Nor  he 
neither;  be  uould  carry  mo  accompts  hut  his 
owiu  I  stiid,  llie  Bccoropts  were  culled  tor  by 
•ny  f^ntl  Clmncellor,  nod  mA  by  the  privy 
roUQcil,  ttiid  thereupon  I  thon«^ht  it  propei-  U* 
Miiit  upon  my  Lord  Cbuncellorp  diid  del»u*r 
llit'mto  him. 

Mr*  Luttrifcke,  Yotir  !*ird«bip8  will  obscrre, 
Ihi'  |ferHi|]s  ihetijrtit  most  pr'>j>er  to  apj>ear  (or 
the  rwi  «f  the  Masters,  Mr,  Holfortl,  atid  Mr. 
J  '       '  were     so     sm  i  "  fi    of   the 

]fc'  ng-  deficient^  lli  f  not  care 

to  jippcar  t<»r  them,  t  desirp  mi\  Litjhiboun 
JiiJiy  beu'^ked)  %vhttt  passed  on  the  lOih  of*  Mo- 
member*  H  hen  the  accompU  were  ddtvered  to 
the  ^aH  oi  fMarclesfitld  ? 

Li^hilfoutu  My  lord»,  U|^on  the  ICHh  of 
>?oTcmbcf  my  accompt  was  not  ready  at  the 
lime  I  was  to  deliver  it.  I  rather  chose  it 
•hould  nol  be  ready;  because  I  did  not  care 
tbal  it  sboiltd  be  canied  in  by  atiy  body  but 
myM^.  However,  1  mailed  at  the  proper 
lime;  and  when  we  came  there^  Mi.  f lolford 
delifered  in  bis  accompt,  and  a  lelttr  he  bad 
writ  to  bis  lordshfp,  and  fixed  to  bis  accompt, 
which  ^  as  there  read.  My  lord  seemeil  to  Uke 
the  fetter,  and  took  notice  of  it ;  and  1  think, 
another  or  two  who  were  my  seniors,  delivered 
In  their  accompts.  When  it  came  to  my  turn, 
I  aoqnainted  my  tord^  that  mine  was  nol  ready  \ 
but  I  would  g-o  home  and  finish  them,  and  al- 
•end  his  lordship  with  ihem  at  the  cock- pit  by 
f  i^ht  of  the  clock.  Accordingly  I  did^  and  sent 
it  m  to  his  lordship. 

Mr.  Lutn^che.  What  passed  farther  retatiog 
to  tbeir  signmg'  of  the  accompts  ? 

Idgh(iH}utt,  1  know  DoibiDg'  of  it;  fbr  I 
^ent  away  to  (inbb  my  own. 

Serj.  Peng,  My  lords,  wedesiretbatMr.  John 
Benuet  may  be  called. 

Mr,  JohL  Binnet  appeared. 

Mr  Lutiryche,  My  lords,  wc  desire  that  Mr. 
/oliQ  Bennet  may  be  asked,  whether  he  was  at 
this  meeting' at  Mr.  Edwards's  liottse,  and  what 
famtd  at  that  time? 

J.  Benrtet,  My  lords,  I  was  at  that  meetings 
ftt  that  time,  when  Mr,  Colli  a;;  hum  and  Mr. 
l>ixon  came  in,  and  told  us  they  came  from 
Mny  liOrd  Chancellor  j  and  Mr.  CotUiig^ham  said, 
lie  had  brought  Mr.  Dixou  with  him,  because 
lie  was  dcJ,  and  could  not  well  hear,  Mr. 
Cottmgfiam  said,  he  bad  two  quei^tioas  to  pro- 
pose; first,  whether  we  were  willing  that  all 
our  bonds  and  other  securities  to  our  custody, 
•hould  be  inspected  by  him  or  any  other?  All 
mf  m  were  willing',  and  agjeed  to  that.  The 
•ecood  was»  whether  we  were  willing,  or  would 
produce  the  balance  of  cash  in  our  hands  before 
Ibe  council?  To  this  the  Masters  made  a  stand, 
and  said.  The  cash  was  considerable ;  and  it 
coidd  not  be  presumed  that  they  kept  h  locked 
up  in  chcftts  or  trunks  in  their  own  houses; 
that  wns  the  viay  to  have  our  throats  cut:  But 
we  Mkred  we  couJd  do  it  ta«  tfiM^alAe  tisnx:. 


To  which  Mr.  Cottin^ain  mm! ,  CTteiiHftM  fm^ 
doce  it  in  Bank  nolea  or  goldbmitlMr  oomf 
Bunk  notes,  ftiiid  be,  will  belbest ;  bat  dail  ift 
{roldi»milhs'  notes,  if  you  can>  r^***  TUftV  twi**^ 
To  which  Mr.  Lt^btBOun  %n 
them  in  gfoldymittio*  notes* 
hfip)>en  to  be  a  net  thrown  o*er  them, 
shoi^ld  be  secured,  the  goldi^miths  ti' 
ohli^ed  to  shut  up  their  shops,  aitd  f»eof«lY 
be  euquirin^  w  hai  hf>?iday  it  was  ;  and  it 
be  a '^r^t  damage  '  ddtmiiiitt. 

Mr.  Luhtyckc.  e  may  tie 

whether  any  thing  was  said  joC  aa 
another? 

J.  Bennet.  Mr.  Coltiiigliaiii  praiaad  Wfiif 
much  to  help  anil  aanil  oii«  acoifacr,  as  Af  tt 
we  were  »We. 

Mr.  Lutnytfte.  Whether  was  aoy  other  «i« 
presmon  made  use  of  by  him  f 

J,  Benuet.  1  donH  rememtier  tlierewiar  lH 
he  repeated  it  several  times,  that  we  ibflOil 
stand  bv,  and  assist  mi^  another  with  csasli. 

Mr,  Plummtr.  My  \onh^  I  de^re  to  asktt 
witness  if,  in  pursirance  fvf  the  adt ic«  eitcolf 
Mr.  Cottin^ham,  hp  dirl  assist  any  of  |£«  Jin* 
tet^»  or  was  a^  my  *»t  tbem  ? 

J.  BenneL  e  i^iiUemeti  ^id  Mi 

me  with  cash,  v.  'i^cli  i^  locked  up  ia  tfeecbciS 
f  gtLre  him  security  for  it.  And  as  to  my  wamm* 
in^any  body,Blr.  Conway  informed  me,  be  bi4 
a  real  security  for  Q.iyOOL  and  beggvd.  Iff  caii^ 
thdt  1  would  a&i|ist  him  with  5,OdO/.  ami  iat«i 
br  three  days  1  should  bare  it  a^^aJa :  t  nU 
him,  1  had  in  tuy  accompt  metittooeil  my  tai^ 
and  that  I  had  uflfered  to  make  itp  tite  bslaRS 
by  my  real  estate,  and  so  could  noC  aaaiil  Mi 
with  any  caab.  He  asked  me.  If  1  liadiiy 
bonds  by  me  ?  I  told  him  I  bad  2^000L  boelit 
and  if  he  coidd  engafre  to  bring-  tbem  bade  1i 
me  iti  two  days  he  should  have  tfacm  i  sal 
upon  lodging  a  bsf  of  writings  witL  me,  vkkb 
he  told  me  was  a  real  security  fi>r  9,000/.  I  is* 
cordiNs^ly  did  lend  him  them,  and  he  broi^ 
tliem  back  iiyiuD  to  me  in  two  days  itaie. 

Mt,  Pluntnter,  1  desire  be  luay  be  9tkd^ 
what  his  inducement  was  for  leodtng  Ibi 
bonds  ? 

X  Bennet,  The  real  indjioemeiit  was  fti 
real  security  which  was  gifen  me  :  bnt  '  ' 
been  recommended  bvMr.  Coitiogham 

Mr.  Pitimmer.  I  desire  to  know  wbt^iun  t^ 
opened  the  bag,  to  see  what  the  seeurily  m^ 
or  took  it  by  content? 

J,  Bennet.  No,  I  did  DOtopeti  it;  Mr*  Cm* 
way  assured  me  it  was  so* 

Mr.  Ptummer.  What  use  did  be  make  4 
those  bonds  ? 

J,  Bennet.    Indeed  I  don^t  know. 

Mr.  Luizpyche.  My  lords,  1  destfe  lie  itaf 
be  asked,  whetlicr  those  bonds  betoagtd  la  lit 
suitors  of  the  Court  ? 

J.  Bennet,  They  were  brought  in  by  the  sot* 
tors  of  the  Court  e{\er  my  accompt  was  ddh 
?ered  in,  and  1  must  ghe  them  tn  my  ^lest-ae* 
compt:  therefore,  said  1,  I  ratist  liarelb«flt 
a^ain  in  two  days  time. 

Her^.Pcng.   IdesireltemAybaiskedt^be*- 


5] 


^fiif  High  Crimen  and 


ih«r  lUift  was  alUr  be  bad  glvou  iu  hifl  owitac- 

V  Benntt.    Ycr^  it  was  after  I  liad  jjiren  in 
€>WM  iiccomjti  of  my  money  securities,  and 
ule. 

lo  know  wliat  suhscrip* 
Iti  to  bit  accompt  at 


'    >}  Maccletfield, 

.1  delivering  in 

iri.t  Wlow»  wriltng' 

uccofii|;>tMt     I  iMd 

.^..,,,.wj*  to  my   RccornDt; 

u'tiat  niy  Jord  lind  recotnmenaed 
iUi ;   ittid  1  bad  oite  iif  tUfin  blJ 
t  tne.     t  took  my  pen  anit  ink,  w- 

measure,  and  made  the  sub  / 
IIS  manner:  ''  I  ha^eiiU  the  seeuniies  in 
tiame,  as  speciiietl  on  the  other  side ;  and 
the  bonds  and  orders  fire  in  my  custody  ; 
Ji^wn  ready  to  satisfy  your  lordabi|i,  that  I 
~^*"  answer  the  ni on uy,  to  every  party, 
tied,  or  shall  bare  a  righl  to  receive 

Mr*  /^vt'Aofitf  calliul. 

Lutw^che.  My  lords,  I  desire  he  may  be 

ivliether  he  was  i<rcsent  at  this  meeting 

it  hall)  been  soofttu  mentioned)  at  Mr.  Ed< 

*nd.  My  lords,  1  was  tiiero  but  a  tery 


bUe. 


kil« 


r,  Luiuyrhr.  I  desire  lie  may  b«  laked, 
he  %vu5  there,  m tietlitr  uny  thing*  Wtts 
[loacd,  ftiid  by  wliom,  fttr  the  Magters  to 
one  anotUrr  money  or  notes  ? 

d.  There  was  Mr.  CottrngJiam  and 

;on;    and  ^ne  of  tbem  said  that  the 

ahouhl  itaud  by  one  another,  and  re- 

\M  it  to  them  to  ai^^stst  one  another 

,  or  g'oldNmithii*  notes. 

-  vrliut  purpose? 

\U'^ffit.  iituhir  of  them  said  to  what  par* 

,  Peng^    What  waa  the  diacourse  about 

d.   The  diacoorie  was  about  the  ac* 
D^U,  anil  how  e^ery  tnati*s  balance  was  to 
up, 
J^€9ig,   1  ilesire  to  know,  during  that 
f|>eth«r  Mr.  Lovibood  obwrvad  that  Mi., 
I  or  Mr.  0ixoa  weot  to  nty  Lord' 
f 
id,   Ya»,  my  Ionian  they  lioth  went, 
came  away,  and  did  not  stay  tiU  they 


Feng,    I  desire  to  ask,   Whother  Mr. 
did  Dot  liiKi  mmm  oitlie  Macnin  some 


Misdemnofg.  A*  D*  1725-  [1046 

that  suhaeription  he  at  6r«t  made  upon  thai  ac« 
compt,  uheo  he  delivaed  li  in. 

LoTihond*    It  is  here. 

Heij.  Peng,    Read  it, 

Ijyvibond  reads-     '*  A]\  which  In-fore-me 
lioneil  jMirticulars  I  am  ready  to  answer  on  dt 
mand,  or  to  girc  accurity  so  to  do,  whenever 
re#niited,  H,  Lovraoxn.*' 

S^rj,  Feng.  I  desire  he  may  he  asked,  wlie- 
ther  my  (ord  Maecleiifidd  made  any  ohjcctioii 
to  any  part  of  that  siibscripiiau,  aud  what  part 
io  panitular  ? 

Limbond*  He  made  an  ohjeclion  U»  ibe  laUflT 
part  of  it,  because  that  might  imply  thftlmjf 
ertecis  were  not  ready. 

Serj,  Ptng.  Whether  did  yoti  alter  it  after- 
wards,  or  was  it  recommeiidefl  lo  you  ta  atler^ 
and  in  what  manner  ? 

Lotthpftd.  Hy  Uif4  MaccleiHeld  meotioiied, 
that  Mr.  flollord^s  coucluaioo  of  his  accompt 
was  most  jh  nper  ^  and  1  had  best  alter  it  I4» 
thiit,  and  make  that  the  form  ;  accordingly  i 
did ;  I  went  down  stairs»  ami  altered  it  aa  it  ooiT 
sittDda* 

Mr,  £tt/a>ycAtf»  ReadllftiaiubsoriptioD. 

ICUrk  reads.] 

<*  All  these  securities  iiaoding  in  my  nam^t 
as  iu  this  Bccompt  is  specitiei),  1  am  ready  t«i 
procure  ceriiAcaiesfrom  the  proper  officeii  thai 
i  hare,  and  kiad  them  belbre  thi^  acfioinpt,  il 
your  lordship  requires  it ;  and  aa  to  tlie  money, 
1  am  ready  to  answer  it  u\ton  ilematMl  to  every 
person  entitled  tbereio,  amJ  who  can  gff  e  me  a 
lefiral  discharge.  U.  JUgviBi>Ni>." 

**  Kqv,  10,  iJUJ* 


ribbod 


nd^  1  lent  aomt  wwmy  lo  Mr.  B«iniei. 
lUng.  How  much  was  it? 

it  wai  10,^00  ami  odd  pouoda. 

Fm§,    I  d«iirt  to  kiiowt  wfaciber  Mr* 

wd  waa  pr«aent  opoo  itie  deliteritt|f  in 

■pis  on  tbtt  lOtii  of  NotoittUerUatP 

ond*  Yes,  my  lords,  1  waa. 

>  Fi^g,  I  4mm  Jit  wouid  Mt  njieti 


Mr,  Lutwyche.  My  lords,  1  hef  leave  to 
make  one  ohserrfltiofi  upon  this,  I  would  not 
trouble  your  lords! lips  with  observing  upom 
every  one  of  them ;  but  Uiere  is  something' 
very  uarticubr  and  remarkahte  in  this  case  of 
Mr.  Lovihond^s.  Mr.  Lovibood  had  said,  aa 
the  truth  of  the  case  waa,  when  ho  dehrerod  in 
his  aocompt,  and  thia  aabttcription,  that  be  wa^ 
able  to  produce  or  ^ita  security.  Sec.  That 
would  have  lookrd  brfoic  life  council  as  if  th^ 
money  was  not  reatly  to  l)e  prf>ductdt  it  wa< 
only  uiviiij^  aecurily ;  nttd  tor  tlnit  reason  thii 
aUeratJcm  is  to  he  msile,  to  make  U  liMfk  as  if 
he  had  the  actual  balance  in  hia  hands. 

8«rj.  l*rokun.  My  lords,  wo  denrts  he  mmy 
he  Aitked,  whether,  at  the  tiroa  that  he  wroM 
this  sub^criutifin,  lie  was  not  ahio  to  prodooe 
tike  halancer 

Lomhond*  My  lords,  I  did  in  mv  concb«ioa 
offHr  it  \  and  I  couhl  have  done  Jt  the  next  dnjf# 

Mr.  SirttTi^,  I  di'sife  lie  may  be  anknnj,  islit* 
th«r  he  could  hare  done  tt  out  of  his  own  ennti 
or  elfocta  f 

Lavibond*  I  conhl  hare  done  it  out  of  my 
own  estste. 

Mr.  Slramgr,  Did  not  you  mtmtiofi  the  tnm 
of  10,000  and  odd  potubda  kmt  f  I  deaire  in 
know  whether  vou  took  real  security  for  it  ? 

Lavihewi*   Vct^  I  ham  •  mi  lecurity. 


4 


10473  1<>  GEORGE  I.  Trial  of  the  Earl  of  Maccln^tdd^  [1048 

Look  ii[«oD  lliat 


■ 

I 


I 


Mt>  Sirange,  Inland? 

Lartibond,    Yes,  in  lan^. 

Mr.  Piummer,  I  desire  he  may  be  askei!,  if 
tny  lord  Alacclesfield  asked  iiiiu  aoy  qiie«(tbiis 
about  \i\s  ahitity  T 

Latiboitd.  No,  my  lord  did  Dot  ask  me  any 
questiuas  about  my  abdity. 

Or.  Saj/er.  I  desire  hp  may  be  asked »  wbe- 
iber  at  that  time  be  did  not  beliere,  lUat  all  the 
Masters  were  sutficient  and  able  to  make  good 
ibetraeeompi5f 

Loftibond.  I  did  believe  so,  from  what  dit- 
eourbe  1  heard  pass  among'  themselves.  I 
liad  DO  kuoMrledge  of  tbeir  affairt,  or  of  their 
estates. 

Mr«  Edward*  called. 

Serj.  Peng,  My  lords,  I  desire  Mr.  E^l  wards 
may  gWe  your  lordshipf  an  account  of  what 
paned  at  tfiig  meetiitof  at  his  house  ? 

Edwcrdt.  hly  lordi,  I  receiveil  a  message 
from  Mr.  CotliiiE^ham,  to  know  if  I  would  gi?e 
leave  for  the  Maulers  to  meet  at  my  house  ? 
To  which  I  consented,  Some  came  before 
Blr.  Cotling^bain,  and  asked  me  if  I  knew  what 
this  meeting  was  about ;  I  could  give  I  hem  oo 
account  of  it.  Air,  Cottin^Uani  soon  after 
came,  and  the  rest  of  the  Masters.  Mr.  Cot- 
tingham  said,  he  had  two  or  three  matters  to 
Jay  before  them  ;  one  was,  whether  we  were 
willing  that  our  honds  and  securities  should  be 
inspected  by  my  Lord  Chancf  Hor,  or  by  any 
persou  he  should  appoint  ?  Every  body  con- 
neoled  hereto,  I  think,  another  thing  wai,  ray 
Lord  Chancellor  thought  it  proper,  we  should 
carry  our  accompts  to  the  council :  there  were 
some  objected  to  that,  and  we  thought  it  not 
proper;  and  the  conclusion  of  that  was,  we 
were  to  deliver  them  to  him,  as  being  roost 
proper  for  my  Lord  Chancellor  to  carry  thera 
to  the  council. 

Serj.  Peng,  Was  that  all  that  was  offered  al 
that  meeting  ? 

Eduards,  Really  I  doti^t  know,  but  that 
there  was  a  third  thing  mentioned.  1  can  give 
^ou  but  a  very  imperfect  account  of  this  meet- 
ing ;  and  that  tor  this  reason  ;  it  was  not 
thought  proper  that  my  servants  should  come 
in,  end  they  ohiiged  me  to  go  often  out,  which 
1  did  ;  and  afterwards  I  heard  the  chief  sub- 
stance of  this  meeting.  And  1  remember,  that 
afler  1  had  heard  the  main  matter,  I  said,  Gen- 
tlemen, the  chiei  consideration  is  to  get  your 
money  ready  as  soon  as  you  can  ;  1  think  the 
intent  is  plani  to  get  the  money  away  from  you. 

Serj.  Peng,  Whellier  do  you  remember  any 
advice  that  was  then  given,  relating  to  the 
making  up  the  balance  ? 

Edwards.  No,  my  lords,  I  do  not  remember: 
1  heard  sometbiug  afterwards  by  the  Masters, 
about  producing  notes ;  but  if  anv  thing  was 
mentioned  about  it,  it  was  when  t  was  out  of 
the  room. 

^^try  Peng.  Whether  on  tbe  lOlh  of  No- 
vember you  were  present  at  Ibe  earl  of  Mac- 
desfidd^s? 

£^»rA,  YeSf  wy  lords,  I  was. 


Serj.  Peng. 
subscription. 

Air.  Edtiiardt  looks  upon  it. 

Seij.  Peng.  I  desire  1ms  way  he  asked,  wbil 
subscription  be  iti<st  made  when  kegmteitio, 
and  whether  any  alteratioii  or  ad&m  wn 
made  by  him  ai\erward«i  ? 

Edwards.  Some  of  the  Rf  i^^era  were  a*  ©i 
Lord  Cbajicellor's  befort^  me  :  I  did  not  ib^si 
it  necessary,  nor  bad  written  any  tkifig  to  n^ 
mccompt  before  I  came  there:  So  I  west  ioim 
room,  and  writ  this  that  w:is  lfir»t  writ ;  **  % 
lord,  J  am  ready  aod  %vdlj(i;»'  tlie  seciinM  a 
the  foregoing  accompt  itientjooeil  aball  l«ia* 
Bpected  by  such  (ii^nson  or  («crsaiiiaftyiiiirM» 
snip  shall  be  pleased  to  afi|>oitil. 

•*  H*  EowARia." 

Serj.  Pefig,  What  other  aukaertptioa  vn 
made  after  that  P 

Edaardi,  After  I  had   made  tl  * 

tion,  1  carried  my  accouipt,  and  >' 
my  Lord  Chancellor  ;  wlio  looki 
subscripLion,  did  not  seem   to   fij 
but  he  thought  Mr.  Holfo*d*8  mokv  (.»,.j,^, ,  ..r, 
desired  me  to  alter  it,  ihut  all  might  be  os  Mr. 
liolford's  was.     I  then  went  out  of  itie  moOf 
and  transcribed  the  substance,  if  not  the  worAi 
of  Mr.  Hoiford^s  upon  my  account,  aod  tbidi  I 
delivered  it  to  my  lord  again. 

Beg.  Peng,  Head  that  subscription. 

Mr.  Edwards  n>aJs* 

**  Til e  several  sums  of  money  ar>d  5 
mentioneil  in  thi!> account,  ate  whiti  ha 
to  my  hands  since  [  was  admitted  a 
separate  from  what  were  in  the  hAod^ 
Dormer  during  the   time  he   was  a   ^a^srft 
(the  account  whereof,  by  reason  of  the  sfaoHp 
ness  of  time,  f  haie  not  been  able  to  (settle  ;  Uit 
will  as  soon  as  possihle),  and  for   which  1  soi 
ready  to  procure  ceriiticates  frofi-   'f- -  -  -n^l 
companies  and  otHces,  tf  your  lord  >i 

it.  And  as  to  the  money,  I  am  il  .  ,  .  ^aj 
it  to  every  person  lawfully  entitled 'tlierdo^ 
having  a  proper  discharge  for  the  same. 

•»  Nov,  10,  1724.'*  H.  EowAsra." 

Serj.  Probyn,  My  lords,  if  they  have  dfloi 
wtih  ihis  witness,  1  desire  be  may  be  askcd«  if 
be  was  not  ready  to  pay  bis  balance  acconikfl 
to  bis  subscription  f 

Edwards,  Yes,  I  was ;  I  could  have  paid  it 
in  a  week  sooner  than  the  time  required* 

Mr.  Conway  called, 

Sol  Gea.  My  lords,  I  desirt*  that  Mr.  do- 
way  may  give  your  lordships  an  account,  sifae^ 
tber  he  was  at  this  meeting  ? 

Conaay,  My  lords,  1  was  present  it  tlic  fril 
meeting  at  Mr.  Edwards's  house,  w1ta«  Mr* 
Cottiugltam  delivered  my  L/>rd  Cbaocolkirii 
command,  that  we  should  provide  and 
our  account's :  but  nothiug  mori! 
during  the  time  of  my  stay  at  that 
I  went  away  immediately.  At  tin*  wsaii 
meetbg  Mr.  Cottingbaiu  and  Ur.  Bmk  wm 


My] 


for  High  Crimes  and  Misdemeanors* 


A.  D.  1725. 


[1050 


Cotijnifham  had  »  (jreat  rol<I  ;  and 

i  remfmbcr,  I  here  were  tHo  pn>|iiM!i&Is  made  ; 

'  first  wai  in  relulion  to  our  bunds  and  secu* 

kitfS ;  tttid   the  scx'oud  was  in  reluuon  to  the 

f  »ftd  cash.     AJWr  cirery  Mii«tfr  hail  dc* 

I  lii«  o}iiiiion  to  these  poniui,  Mr.  Cottin^*- 

md  JWr,  iliicofi  went  to  wait  upon  uiy 

I  Chancellor  with  an  aCfHuini  ol'  what  the 

^  u)  said ;  and  belore  lUey  came  back» 

i-rj.  i^cfig.  I  desire  he  may  be  asked,  wbe- 
'  at  that  tiintr,  when  it  was  |tro{>Oiseit  lo  the 
tiers  U}  produce  their  ca^jh,  ihey  said  they 
lableiado  it^ 

E¥ery  Master  delivered  bis  opinion 
be  thouifbt  lit.      Mr.  Li^htUoitu    merrily 
lid,   If  we  produced   gold^roithK*  noteni  and 
^'tfiify  should  be  secured,  the  i^ldsmitlm*  shops 
would  be  shut  upf  and  people  would  be  en- 
"lliring  what  holiday  it  wos.     Mr.  Kynoston 
ad^  sutue  obserTatioua  ;  every  one  spoke  as 
Iry  ttujngitt  tit. 

t&rj.  Feng,  I  dcaire  he  may  be  asked,  whe- 
er   they   all  deetureil,   they  were  able  and 
fly  to  make  i^ood  their  accounts  ? 
ConfFoy,  1  think  they  all  did. 
Hvrj.  p€ng.  Whether  to  pitniuce  their  effects 
or  their  cash  ? 

L'vnicat/.  I  am  not  sure,  whether  it  waa  men- 
t'toned  ca«h  or  effects ;  we  mnde  no  distinction 
at  that  time  between  cash  and  cit'ecls. 

tierj  Ptng.  \  desire  he  may  be  a^ked,  whe- 
tlser  be  hitiiself  declared^  thot  he  waa  able  and 
reads'  lo  produce  hiselFectsf 

avay,  \  did  declare  it  at  that  time,  as  I  af- 
rdji  writ,  that  I  would  endeavour  to  pro- 
liiicir  my  etlects. 

8erj.  Peng,  Whether  there  wa«  any,  and 
fihat  ailvice  or  instruction  jlW<?o,  relating  to 
tt^ir  a«;«.istin^  of  one  another  ? 

No  such  thing  bsppeoed  while  I 

-  rj  rrng,  I  desire  it  may  be  asked,  whe- 
11k  r  Mr.  Conway  at  any  time  afterwards  bor- 
rut^eil  any  money  of  any  of  the  Maatcrai  anti 
t)f  whom? 

Contratf*  The  finsttime  I  attended  the  judij^es 

waA  tlie  dirertorv  of  the  TIank,  I  did  hrioK'  ony 

9^uritieii,  and  an  account  of  my  effects  at  the 

i^MOc  time,  without  borrowinsr  a  farthing  from 

vny  pcnon  :    lR'f<»re  the  s#curilics  were  tone 

mhrouif-h,  and  the  ac^'ouut  of  my  efTecta  tJiken, 

it  wA«  olMerved,  thntthesame  was  liable  to  oh- 

't,  as  consisting^  of  land,  mortgages,  bonds 

lies,  and  things  of  that  kind.     And  before 

ill,  I  waa  told,  that  aome  of  the  Mastem 

iken  an  oath  ;    I  destreil  to  know  what 

i!r;ii  ualh  was  ?    It  was  answered,  timt  it  was  a 

voluntary  oath  \  and  I  said,  1  c^iuldonly  swear, 

'^liad  ciltfcts  to  answer,  and  that   1  would 

*  10  ttiro  Iboaa  effects  into  ca&ti ;  and 

r  P€tig,  I  desirr  he  mav  be  askiM),  wbe- 
ed  any  money  r 

mie  time  at^er  th»i*  I  waited  upon 
;  and  licfore  t  came  away,  he 
I  bad  any  bonds  ?    1  told  una  1 


had  ;  then  pray,  says  he,  let  me  hare  what  you 
cnn  upare,  and  t^end  them  immediately  :  Wlare- 
tt|K>n  I  went  horae^  and  sent  him  5,000/,  ludi& 
Itondii.  8ome  days  ai\er  that,  I  expected  Mr. 
Godfrey  to  return  me  the  favour  ;  and  I  car- 
ried loliim  effects  to  (as  1  apprehend)  the  value 
of  6  or  7,000/.  or  more;  and  I  desircil  him  lo 
lend  me  bonds,  and  he  seemed  unwilling  with- 
out the  security  ;   and  he  kept  the  security. 

Mr.  Lutwycke.  He  hath  not  answertnl  to 
those  questions,  whether  he  borrowed  money, 
and  what  sumsP 

Conuatf,  Mr.  Godfrey  lent  me  upon  th# 
bonds  (>.000/«  and  Mr.  Bennet  3,000/. 

Mr.  Luthfyche.  Only  to  pursue  this  question* 
I  desire  to  know,  whether  the  securities  were 
turned  into  money,  or  into  notes  ? 

Coiivay^  VeSy  my  lordS|  Ibey  were  turned 
into  notes, 

l^lr.  Lntwyche.  1  desire  he  mav  be  askedt 
whether  they  were  locked  up,  or  be  did  take 
them  back  a^in  ? 

Conuay,  1  look  them  back  again. 

Mr.  Lutayche*  What  became  of  them  after- 
wards ? 

Conway,  Some  of  them  I  paid  off,  others  I 
returned  to  the  person  that  had  advanced  me 
money  on  those  bonds* 

Mr.  Lutwycke.  I  lake  it,  be  says  he  had 
the  effect!!  that  produced  those  notes  from  Mr. 
Godfrey  and  Mr.  Bennet  ;  therefore  1  desire 
to  kno%v,  what  became  of  those  notes  after  be 
carried  them  hack  fmm  the  judges  f 

Cona;a^.  1  rt^turned  them  to  the  fierson  thai 
bad  advanced  me  the  miles  on  tbobe  bonds f 

Mr.  Luiwyche.  Who  was  that? 

Omuay,  The  goldsmith,  Mr*  Hogert,  at 
Temple-  bar. 

Mr,  Piummtr,  I  desire  to  know  when  here* 
liimed  those  bonds  a^^ain  ? 

Conway,  In  a  few  days  after. 

Mr.  Lutwyche.  My  lords,  it  may  be  necef- 
sary  to  examiue  how*  it  was  that  he  persuaded 
the  goldsmith  to  let  liim  have  those  notes  f 

Conway,  1  gave  him  bonds  for  them. 

Mr.  Lutuyche.  Whether  were  those  the 
bonds  that  you  had  from  Mr.  Godfrey  and  Mr. 
Bennet  P — C*muay,  They  were. 

Mr.  Lutwyche,  Whether  they  were  not  de- 
hvered  to  the  guldsimtli  in  the  nature  of  a  pledge 
lor  thone  notes  ? 

Conway.    Yes,  they  were, 

Mr.  Lhtwyche,  wfmt  became  of  the  bonds  f 

Conway,  I  returned  them. 

Hr,  Lutwythe.  To  whom? 

C4}Hutty,  To  Mr.  Godfrey  and  Mr.  Bennet. 

8erj.  Peng.  When  lie  carried  back  the  notei 
to  the  goldsmith,  at  that  time,  whether  he  took 
up  the  bonds r* — Conw&y,   I  did* 

iwr^,  Peng.  A«  I  apprehend,  he  sayftthe  had 
lent  Mr  Giidfrey  5,000/.  India  boniU,  and  in 
r^turo  he  exfiected  that  Mr.  Godfrey  should 
assist  him  ;  I  desire  he  may  be  asked  liiis  Ques- 
tion, whffther  the  5  000/.  in  India  bonds  he 
8iipplie«i  Mr.  tiodfrey  witit,  was  after  or  before 
be  produced  Ins  cash  te  the  comiiutieo? 

Cajftroy.  Alter. 


1031]  10  GEORGE  I.  Trial  qfiie£arl  of  AlacdetfieU 

Scij.  Ping.  Was  it  bef«re  Godfrey  had  done 

After  he  had  prodoocd  his  secu- 


[lOfif 


CoMWtJf. 

ritici 

Seij.  Peng.  Was  it  before  or  after  he  had 
prodaced  his  cash  ? 

Convay.  It  was  after  he  had  firodticad  bb 
•ecurities,  and  before  be  had  produced  his  cash. 

8erj.  Peng,  My  lords,  we  think  it  will  be 
Tery  necessary  to  lay  before  your  lordships  a 
general  state  or  account  of  the  total  deficiency ; 
to  shew  how  much,  upon  the  examination  and 
cnaniry  that  hath  been  made,  the  total  of  the 
^ndencies  in  the  seyeral  offices  amount  to ; 
and  we  apprehend,  that  we  are  able  likewise  to 
give  an  account  of  some  additional  deficiencies 
that  ha^e  been  discoFered  since.  I  apprehend, 
there  was  at  that  time  near  100,000/.  defi* 
ciencies.' 

Sfjy  Probwu  I  desire  he  may  be  asked, 
whether  at  that  time,  when  he  wrote  the  snb- 
■cription,  he  was  able  to  pay  the  balance  of  his 
account? 

Conwmf.  I  was,  in  efiectf  I  had,  and  I  said 
no  otherwise. 

Mr.  Sandy t.  I  desire  he  may  be  asked,  if  ray 
lord  Macclesfield  asked  him  as  to  his  sibility  ? 

Conaay,  No,  my  lords,  he  did  not ;  to  my 
remembrance  he  did  not.  1  delivered  my  ac- 
count to  Mr.  Cottingham. 

8eij.  Peng,  I  desire  he  may  be  asked,  what 
~  deficiency  there  remains  upon  his  office;  whe- 
ther he  can  recollect  how  much  it  is? 

CowsMy,  My  lords,  I  believe  it  is  13,000/. 
my  charge  of  which  I  can  take  off  something 
in  my  post -account* 

8^.  Proln^m,  1  desire  he  may  be  asked, 
whether  he  i«  now  able  to  make  good  the  defi- 
ciency in  his  office? 

Conway,  Yes,  my  lords,  I  am. 

8erj.  Frobyn,  Whether  he  hath  made  any 
conveyance  of  any  estate  as  a  security  for  it  ? 

Conwav.  I  have. 

8erj.  Peng,  1  desire  lie  may  be  asked,  whe- 
ther any  thing,  or  how  much,  hath  been  raised 
out  of  that  estate? 

Conway,  It  is  made  so  very  lately,  that  I 
donH  know  that  any  thing  hath  been  raised 
since:  it  is  but  a  lew  days  ago  that  it  hath 
been  made. 

Lord  Leckmere,  M  v  lords,  1  would  be  glad 
to  know,  as  there  is  a  balance  of  13,000/.  whe- 
ther he  stands  indebted  to  any  other  persons 
but  to  the  suitors  of  the  Court,  and  to  whom  ? 

Conway.  No,  my  lords,  I  doirt  owe  any 
thing  to  any  body,  to  my  knowledge.* 

Mr.  Lutwyche,  I  should  be  very  glad  if  Mr. 
Conway  coiUd  extricate  himself  out  of  the  diffi- 
culties on  account  of  the  deficiency  in  his  of- 
fice. It  is  very  proper  to  ennuire  how,  and  by 
what  estate,  that  is  to  be  made  good  ? 

Conzoay,  It  is  to  be  made  goSd  by  an  estate 
in  land. 

Mr.  Lutwyche.  1  desire  to  know,  whether 
that  estate  is  settled,  whether  it  was  not  set- 
tled upon  his  uiarriagi!? 

Conmay^    Jt  was  never  setticd  on  my  mar- 


riage.   I  was  tenant  in  tul,  and  ay  wife  and 
son  joined  with  me  in  levying  a  Gat, 

Mr.  Lutwyche,  Whether  it  is  Botaettleibv 
will? 

Conway,  I  was  tenant  ia  tail  by  the  will  of 
my  fioher ;  I  have  levied  a  fine,  and  my  wiiii 
and  son  have  joined  with  me. 

Mr.Oju/ov.  WbatinieresthadyoarsoiiiBit? 

Coavojf.  No  interest,  as  I  apprehend ;  but  I 
thought  It  fh»  necessary  he  abould  jou,  to 
take  off  all  difficulties  and  objectkms  to  the  title. 

Mr.  Ontlow.  Whether  there  are  no  annaitia 
charged  upon  that  estate,  and  wb«t  they  are? 

Conway,  There  are  no  annuities  charged  m 
that  estate. 

Mr.  Onslow.  No  payment  to  the  mother? 

Conmay,  There  is,  out  of  another  estate. 

Mr.  Ondow.  What  aie  the  renli  of  the  es- 
tate you  have  secured  for  the  payosent  of  tliii 
money  ? — Conway,  Between  5  and  600/.  ft-yew • 

Mr.  On$km.  Is  that  your  computation,  srii 
it  let  at  so  much  now  ? 

Conway.  I  can't  say  it  is  all  let  so  ;  thersanf 
some  demesnes. 

hlv.  Onslow.  What  are  the  rents  of  that  fstt 
oftheesutethatislet? 

Conway.  I  take  it  to  be  500/.  a-year. 

Mr.  Onslow.  What,  let  at  500/.  a-year ? 

Conway.  Yes,  or  thereabouts. 
'  Mr.  Onslow.  Do  you  redmn  the  whole  eM| 
to  be  worth  500/.  a  vear? 

Conway.  No,  I  don't  reckon  in  the  wbils 
estate,  but  ool^  that  which  is  conveyed  fiir  the 
securinsr  of  this  money. 

Mr.  Onslow-  Then  I  desire  to  know  whit 
are  the  rents  of  this  estate  as  it  islet  ? 

Conway,  I  take  it  to  be  500/.  a-year  tt 
thereabouts,  that  is  applied  fiir,  and  as  a  is* 
cnrity  to  answer  my  deficiency. 

L.  Lcchmere.  Tliis  lS,000l.  balaoee  is  doeti 
the  suitors,  which  he  says  is  secured  by  tkk 
estate  :  I  would  be  gUd  to  know  how  the  dsn 
ficiency  came,  and  what  is  become  of  thif 
13,000/.  that  is  due  to  the  suitors  ? 

Conway,  The  occasion  of  it  was,  my  coniBf 
into  tlie  office  cost  me  to  my  predecssNC 
6,000/.  I  paid  besides  1,500/.  upon  my  ad* 
mission,  and  500/.  contribution  towards  makiag 
good  Mr.  Dormer's  deficiency. 

Mr.  Onslow.  How  was  the  rest  of  the  debt 
contracted?  You  have  mentioned  but  aboat 
8,000  pounds. 

Conway.  I  believe  I  might,  upon  aoooootif, 
my  brother,  borrow  1,500  or  8,000/.  to  satif(F 
bis  account  to  tlie  crown. 

Serj.  Peiig.  Out  of  what  cash  did  yen  r^J 
it? 

Conway,  I  believe  it  might  be  out  of  the 
office. 

Mr,  Ontlow,  What  is  become  of  the  rot; 
how  did  you  apply  the  remainder? 

Contcay,  The  remainder ;  I  can't  tell  bat  I 
migbt  have  so  much  doe  among  my  acquMJ* 
tance ;  I  believe  I  may. 

Mr.  Onslow.  Did  yoo  then  lend  your  l^ 
quaintance  out  of  the  suitors'  money  ? 

Coumay,    I  believe  1  might  at  tiati  M 


y&r  High  Crhnet  &nd  MUdemecmors, 


k.  D.  I7f& 


^nf  t!ic  cash  lYiat  re cnameil  deail  tod 
I  appirtieDded  it  wba 

tl<m.  Von  say  }'ou  have  lent  to  tc* 
'  jotir  ocquAint&nce  out  of  the  fiuilors* 
I  wootd  fa«f e  yuu  nsmu  «ij^  atie  p«'rs4>n 
n  jTOti  hare  Ict'it  any  of  ihe  mouvy  of  the 

ijj^.    T  rememlier  li  noWe  [terxon^  if  it  is 

fcIt]entiOIl  his  name,  to  whom  I  have 
I ;  he  it  tiow  dead. 
^V^,  I  don't  know  whether  yonr 
ic  will  not  be  pleased  to  confine  theMa- 
to  eammifie  onty  to  the  particular  Arti- 
if  are  oow  on. 

%uhv*  We  are  now  upon  the  Article 
Miciencie^,  and  the  question  hath  hecn 
y  the  counsel  for  the  noble  lord,  whe- 
ts deficiency  can  hi.'  nmde  up  by  Mr 
f  ?  I'lierefore  ii  m  proper  to  know,  whe- 
i  deficiency  i^^  likely  to  he  made  tip,  iind 
t  where  the  monty  is,  and  therefiJie  I 
idc  who  ttijs  fjix-and-twenty  hundred 
was  tent  to  ? 

Probj/n,  My  lords,  I  Buhmlt  it  whether 
!stioa  he  proper,  because  Mr,  C'onway 
ren  land  security  to  make  good  this  de- 
'  I  jind  thei-eforc  it  is  not  materiiil  for 
rdehips*  judgment,  to  enquire  how  tins 
€y  happened! 

Luts?ycHe.  1  am  werj  wrrj  to  lay  he- 
iir  lordships  the  reasons  and  the  order 
liich  he  wan  committed.  1  apprehend 
material  u[K>n  thi»i  pornr,  and 
it  the  counsel  for  the  noble  lord 
lereti  into  thetnselvea;  for  they  have 
vheiber  he  was  able  to  make  good  his 
cy :  now  h  it  not  proper  for  us  to  ask 
rticular  circumstances  to  find  out  the 
rhethcr  h*-  -  -*  '^^  *'^^  ?  Therefore  I 
reioofik  not  wanufiT  the 

rbcther  'i  ^  ud  o»er  all  hla 

lial  be  oooiil  to  make  good  hta  ddS- 

I  bare  asalgiied  orer  all  my  real 

llorjvcAe*     Whether  he  hath  assigned 
b,600/.  due  to  him  i 
That  iaapplie<L 

tht.   Applied,  how  f 
iliert  amongwt  my  causes. 

t>id  he  lend  a  nobleman  a 
Pflnd  Hp|dy  it  to  a  caude  F 
1"hAl  tJiJin  of   nK>ney  you  were 

*  '"-'^  ••*  n  cause. 

1  of  money, 

.   .  „,  .  :.u  Uiisli.OOO/, 

f  wail  applied  to  by  a  nobtcman  to 

By  Hhom  was  you  applied  tof 

[  my  lord  bulkefry .  ana  accord - 

anced  to  hun|  and  it  b  siijee 

I^AppHcd,  bow? 
llied  \m  a  eauio^  with  the  appro- 


C10«4    J 

elated  l^^^l 


Mr.  Omiim.  Hath  it  been  refjtid  f 

Conwity,    No ;   it  is  i»|»plied  in  a  cause  ofjj 
auitOTf  and  now  H  remaius  as  security.  ^ 

t'  ^'    t  V  ingdan,   I  am  so  nearly  related 
lli^^  id  that  is  mentioned,  that  I  must 

do  Mm*'  |.i^  1.:^-  "'^  '''  't-tt  Mr.  Conway  in  raind, 
a&  I  did  Mr,  i  3itrforc»  that  it'any  qnea* 

btm  is  asked  1;....,  ^  „idi  may  personally  sub- 
ject hmi  to  any  penally,  or,  as  he  hath  the  bar- 
gowuj  may  concern  his  dient,  he  ou^ht  to  ba 
left  to  his  discretion,  whether  he  wilt  or  witt 
not  answer. 

Lord  Lechmcre.  A  person  is  not  obliged  15 
answer  any  thing  that  roiiy  crimroally  affect 
him  ;  but  where  the  enquiry  is  afier  a  riebt^  iit 
order  to  cxpUin  his  oath  as  to  this  su^ciencjTp 
which  is  the  matter  of  debate,  surely  that  19 
material,  and  ouf;ht  to  be  answered  to^  and  I 
desire  to  be  informed,  whether  this  %^QQL 
which  he  aaid  was  lent  this  noble  lord  out  of 
the  suitors*  money,  was  repaid  to  htcu  by  my 
lord  Bidkeley,  and  when? 

Cofiu/au.  It  i*i  not  repaid.  It  is  applied  m  % 
cause  ;  the  parties  hare  approved  of  it  as  ase* 
curity. 

Lord  Lcchmtrt*  When  was  ^is  money  lA 
the  hands  of  my  lord  Bulkeley  applied  totliA 
benefit  of  any  suitor,  aod  by  what  order  or  au^^ 
tliority  F 

Conway,  ft  Is  sometime  since,  some  monthi 
ago,  Hve  or  six  months  ago. 

Lord  Lfchmere.  Was  this  by  any  order  of 
the  Court  of  Chancery  ? 

Conuay,  No,  my  lords,  by  tlic  approbattoR 
of  the  parties. 

E.  of  Mace*  My  lords,  if  yon  please  to  gir* 
roe  leave,  1  would'siuggest  something  that  po*» 
sibly  rnay  help  towards  the  better  onderstaod- 
in*,^  him.  If  my  guess  be  right,  this  relates  to 
his  po«t-accompt.  He  hath  said  his  charge  is 
13,000/.  And  ne  hatti  saldt  be  eoaid  discharga 
8,000/-  or  more,  of  that  balance  by  a  povt-ac* 
compt ;  oow  1  apprehend  this  he  is  speaking 
of  now,  is  that  article  of  the  post-accompt.  1 
don^r  bnnw  if  I  guess  his  meaning  right,  but  I 
desire  tie  may  inform  your  lordstnpsi  in  case  ii 
be  otherwise. 

f  jord  Ltchmtrt.  It  may  be  for  your  informa* 
tion  to  know  who  are  the  persons  to  whom  tb»a 
is  applied  ;  that  it  may  be  known  whether  it  it 
in  the  post-accompt  or  not? 

I^fr.  i)n%toiL\  My  lords,  we  desire  first  ta 
kn^ '    -  •    • *y  my  lord  Bulkeley  gavef  * 

i  :  »e  a  l>ond  and  jutljfmcnt. 

M>,  . rV ho  b  it  you  hare  applied  th# 


ft  1^  in  the  cause  of  Fautcooberf 


« 
I 


security  to  ? 

Oonwnu 
coiitra  I 

Mr.  i  *  o  yo«  reckon  tbiS|  part  of  tbf 

15,000/.  now  deiictent  ? 

CorifFtfy.  No,  I  do  not  recdkon  it  in  that  stiiti« 

Blr«  Ojiiiaw,  Your  lordslii^Ts  wilt  pleise  to 
recollect,  that  his  deficteticy  i<  l3iUUC»/.  We 
auk  htm  how  that  defi  oe;   he  hath 

pren  your  lordi^hif»s  ai  of  10,000  odd 

bund  red  pounds  ;  and  tip;t  i^mkI  itie  residue  wait 
in  til  a  hao(ts  of  his  aoc^uaiutancQ,  aud  h&i&aC 


1055] 


10  GEORGE  I. 


Trial  of  the  Earl  tf  Macdetfteld^ 


[1056 


8,600/.  money  of  the  suitors  to  be  in  the  hantls 
of  my  lord  Bulkeley  ;  now  be  saith  this  iast 
sum  li  not  oart  of  the  13,000/.  Therefore  novr 
1  woniti  asK,  how  the  remainder  of  his  deficient 
money  was  applied,  or  how  the  debt  happeneil  P 

Conway,  If  my  lords  will  please  to  give  me 
lea?e  to  explain  it :  as  to  the  remainder  of  the 
13,000/.  you  ba?e  beep  pleased  to  reckon  10,000 
•dd  hundred  pounds  to  be  made  out;  then 
there  is  2,100/.  odd  money  I  have  laid  out  in 
land,  which  I  have  since  conveyed,  which 
makes  13,000  odd  hundred  pounds ;  and  the 
rest  1  have  in  bonds  and  notes,  which  I  have  to 
make  up  the  residue. 

Mr.  Lutwycht,  I  desire  be  may  he  asked, 
whether  he  hath  those  notes,  and  they  are 
ready  P  I  desire  to  know,  whether  they  haie 
uot  been  paid  into  court  to  make  up  his  defi- 
ciencyf 

Conway,  No,  I  humbly  hope  to  have  it  al- 
lowed me  on  my  post-accompt,  being  apiilied 
in  the  foresaid  cause  with  approbation  ot  the 
parties. 

Mr.  Onslow.  We  have  done  with  him  ;  and 
leave  him  to  your  lordships^  observation. 

Mr.  Thompson  called. 

Seij.  Peng.  My  lords,  we  beg  leave,  that  Mr. 
Thompson  may  give  your  lordships  an  account, 
upon  the  inspection  and  examination  of  those 
accuropts,  httw  much  the  dcticieucy  of  the  se- 
veral Masters  amounted  to  ? 

Thompson,  8o  much  as  the  several  Masters 
stood  charged  with  by  their  own  accompts,  and 
did  not  lock  up  or  produce  proper  securities  for, 
I  account  a  deficiency  ;  and  by  this  rule  1  have 
collected  the  deficiencies  of  the  several  Masters, 
from  the  reports  made  to  the  committee  of 
•ouncil. 

Mr.  John  Bennet's  dciiciency  amounts  to 
17,541/.  15i.  \0d. 

Mr.  Conway's  deficiency  in  his  cash  only 
amounts  to  10,039/.  4«.  ^^d.  but  Mr.  Conway, 
while  his  accompts  were  niider  examination, 
sold  2,000/.  South  Sea  Annuity,  and  3,500/. 
South  Sea  Stock ;  and  of  the  uione}'  arisiui^ 
thereby,  he  paid  to  the  suitors,  to  whom  such 
annuity  and  stock  did  belong,  no  more  than 
2,593/.  9i.  3(/.  so  that  his  deficiency  is  en- 
creased  by  the  sum  of  3,550/.  somewhat  more 
or  less,  according  to  the  price  he  sold  at. 

Serj.  Probyn,    Was  what  he  sold  pait  of  the 
cuitors'  security  ? 
n.  Yes.- 


Thompton, 


-Mr.  Kynaston's  defi- 


ciency amounts  to  26,908/.  lis.  S^d. 

Mr.  Thomas  Bennet's  deficiency  amounts  to 
g,075/. 

The  total  of  the  deficiency  of  the  present 
Masters  is  67,114/.  ]  U.  5}</. 

The  charge  that  remained  upon  Mr.  Borrct's 
office,  amounted  to  56,050/.  lOi.  l^d.  But 
Mr.  Bennet  and  Mr.  Godfrey,  the  Masters  who 
had  the  care  of  his  effects,  f^ve  it  as  their  opi- 
nion before  the  judges  and  directors,  that  the 
pffecte  he  left  would  prodnce  44,000/.  and  up- 
wards ;  so  that  I  compute  the  deficiency  of 
Mr.  Borret'f  office  at  12,050/.  lOi.  iH 


The  total  charge  upon  Mr.  Dormer's  oflke, 
when  he  resigned  to  Mr.  Edwards,  amounted 
to  49,604i.  lit.  111/.;  but  Mr.  Edwards  has 
paid,  in  discharge  of  that  sum,  the  sum  of 
23,725/.  15f.  9id,  so  that  the  deficiency  of  Mr. 
l>ormer's  ofiice  amounts  to  25,878/.  16s.  Hd, 

Serj.  Peng.  Whether  in  tliat  is  Mr.  Wibim's 
and  Mr.  Poulter's  security  indoded  in  Dormer's 
acrompt  ? 

Thompson,  Mr.  Dormer's  deficiency  I  take 
to  be  25,b78/.  16i.  bid, ;  and  the  whole  de6- 
ciency  i  toke  to  be  105,043/.  17ff.  i^d,  Aad 
if  any  securities  or  sums  of  money  bekMigiog 
to  the  suitors  are  omitted  in  the  Masters'  so* 
compts,  such  securities  and  same  are  not  ia- 
eluded  in  this  estimate. 

E.  of  Mace.  Have  you  had  before  too  tbs 
administrator,  either  of  Mr.  Borret  or  Mr.  Dor- 
mer?— Thompson.  No,  my  lord. 

Serj .  Peng.  My  lords,  we  shall  beg  leave  ts 
call  one  witness  to  give  yoor  lordshi|»  an  ac- 
count of  another  deficiency  of  2,000/.  apot 
Mr.  Conway,  which  is  not  charged  in  his  sc- 
compt.  We  desire  that  Bir.  Saundersoo  nty 
be  called. 

31r,  Saunderson  sworn. 

Mr.  Lutwyche.  We  desire  that  Mr.  Sundae 
son  a»j  give  your  lordships  an  account  of  aof 
money  in  Mr.  Conway's  hands,  and  how  amai 
it  is,  that  is  not  brooght  to  acoompt  ? 

Saunderson.  BIy  lords,  i  was  concerned  Mi 
solicitor  in  a  cause  in  Chancery,  between  ar 
Erasmus  Norris  and  Alexander  Norris ;  sbos 
after  the  accounts  were  brought  into  the  Re- 
gister's office,  1  went  to  look  and  see  if  Mr. 
Conway  had  charged  himself  with  a  san  of 
money  paid  in  in  that  cause.  I  fuund  by  his  sr- 
connt'that  it  was  not  charged.  I  baddnws 
up  the  account,  and  given  a  copy  of  it  to  Mr. 
Conway,  which  he  did  not  deny,  but  be  aid, 
there  was  uot  so  much  by  1  or  200/.  Said  It 
tbere  is  no  entry  at  all  of  the  cause,  and  M 
mention  of  any  sum.  I  told  him,  it  was  la 
omission  not  to  mention  the  cause  or  sum.  He 
said,  that  he  believed  it  was  not  so  macb,  bo 
did  therefore  not  mention  it.  1  asked  him  wby 
he  did  not  insert  how  much  it  was  as  bo 
thought  it  P  He  said,  because  lie  would  poj 
in  all. 

Serj.  Probyn.  Wc  desire  he  may  be  vSbA 
how  much  the  whole  money  in  that  cause  was.* 

Saunderson.  2,27 4l.  3s,  lid.  besides  intcrit 
from  Lady-day  last  was  twelvemonth. 

Sol.  Gen.  My  lords,  this  is  the  sum  of  ibo 
account  we  had  to  lay  before  your  lordships  o^ 
the  deficiencies,  notwithstanding  the  Mastnt 
represented  themselfes  as  able  to  |iay  the  whole. 
W  e  would  not  represent  it  to  your  Icirdshipl 
that  this  will  certainly  be  the  loss,  because 
some  of  the  Masters  have  given  security  fo 
some  part ;  thou;;h  we  apprehend  llie  secoriiy 
given  will  not  be  sufficient  for  hklf. 

£.  of  Mace.  1  desire  to  nsk  Mr.  ThompsMft 
whether  this  charge  he  makes  upon  Mr.  Bo^ 
ret*s  office  be  a  charge  taken  from  the  olfico^* 
only  an  account  taken  from  Mr.  MclkcZ 


S7] 


JifT  High  Crimes  and  Mi$dint€anori, 


A-  D.  1725. 


[" 


TMimpson,  '^c  was  taken  from  tb« 

yucberii  wlit.  l!rr  pnnluceiL 

K*  of  Muii-.  At  [taytnenif^  allow* 

I  guul4;  Uy  Mr.  L  ^  life-Uitic  ? 

^lice.     \V  lio  If ave  you  an  account  of 

'*     *■   ■  iv  tonl. 

,  of  uvdiify  paid 

iiuiitt  uiiti?t('ji^   jjav  >»  n.ii  Mr.  INieller 

late  you  any  account  nbui  3Jr.  Uorrel 

i  liimvelf  r 

j»«)W.  The  iccouhl  we  l».nl  of  ihls  \v»s 
k  one  Mr.  Parker ,  as  I  thittk  litii  name  iaa^, 
was  clfrk  tu  Mr.  Borret.  He  prudiiceti 
B^cral  recf  ipl»  fur  tlie  sum3  paid  :  and  the 
latt^^n*  ill  Ctiaru'i^ry^  vitio  haid  Ihe  care  of  Mr. 
lofT^t'fl  eifrcU,  atlowod  ibe  Imok^i  ami  paprrs 
nidiic<Hl  by  Mr*  Pnrker,  to  bf  tlie  tiook^  and 
I  Mon«^if\g  to  Mr.  Borret*!  ofSce. 

Ak  to  lite  effects  helou^jing-  to 


luy  AiHli«^r  examination.  But,  my  lordr^  lb«  i 
Cortvtiion«i,  coH^idprif}^  the  leo^tb  unct  variety.] 
of  ibe  i»?eiaJ  fijcts  nnd  circuiiwtftucts  ihut  haw  J 
becu  offered,  nre  of  opitiion,  it  may  b«  of  ser* 
vice  to  ibut  cunse,  in  whrdi  their  sceal  for  pnb-*J 
be  justice  bas  luudc  iHt^m  to  enga^e»  tbnt  tbsl 
YftUftle  of  wbat  they  liave  insisted  u|ioa  or  pru-^  j 
daced,  j^Uotild  in  Ka<  It  insimfr,  asi  I  uin  able  to  i 
obey  tbtir  coiiimand^,  be  sboriJy  recitpitulnte^j 
und  prt^<^euted  in  ooe  viert' to  your  iord»bipa*< 
con^idfradon. 

TbeCbar^jc  in  p^eneraJ*  and  the  several  At^I 
licleh  of  it,  have  been  hdly  <»peiictl  by  tlia«9| 
^cntlenaen  who  prccedrd  int^  upon  ti^is  occa* 
anon.  Tb*?  witnesses  who  have  been  examined^! 
and  ibe  other  evidence  that  bas  been  read,  bav«  j 
beet)  f^iUy  cimHidertiJ,  Ki>  far  as  tbey  relate  tAJ 
those  partimbr«»»  that  were  the  imriicdiate  oc- 
casion of  their  beinjuf  produced ;  I  afaiftll  no#] 
tbereffire  waste  time,    by  enumerating^  oncdj 


bO||^«ive  you  the  account  oltbemP  j  naore  the  Arliclei  of  the  Chnrg«,  nor  by  to«i 
n-    ri^..^^^    _  I  fcj  .   ri    ji."  _  .         tniriutely  repealing  the  whole  evidence  that  ba<l 

been  tfiven  ;  but  »biill  ei»dcavnnr  to  reduce  tJiitJ 
tonn  nntl  vnrioua  examination  to  some  genernn 
headii.  tbut  m:iy  express  the  itubsiunce  of  tbtfi 
Ipencral  Arlick^N,  and  then  remind  your  lord*] 
sbifia  of  what  I  citn  reeollect  to  li«re'been  mosAJ 
materiaUy  otferrd  in  support  of  them.  To 
end,  my  hirda,  I  bcj^  leave,  in  ibe  first  jdace,  I 
obacrve  that  rtrict  union  and  connecUoo  ibe 
i%  between  the  crimes  of  wbicb  this  Karl  titaodl 
charged.  V*our  lordships  cannot  but  remari 
that  the  Articles  mutually  support,-  and  almo^l 
prove  ca€!b  other ;  bo  that  if  any  one  be  ad* 
milted  to  be  proved,  it  is  difBcult,  if  at  all  ] 
sible,  to  doubt  the  truth  of  the  rest. 

A  wicked  and  corrupt  design,  and  ?iew  i 
raise  and  procttre  to  himself  excessive  and  ex^ 
<   '  4  in  and  profit*  was  the  fata)  principle! 

t  li  ail  this  mischief  spruu}^.     h  wafj 

tui*  inai  proiuple<l  the  earl  of  Mnct:b^<ifietd  tl 
extort  those  Inrsfe  sumji  of  money,  which  ha 
received  from  the  »evcral  porsouH  whom  be  at" 
milted  to  Ibe  office  of  M.^«teni  of  the  Court  < 
Chancery.  The  jfratdymg  this  avarice  ei 
l^j^d  bis  lordship  to  neglect  every  other  coti^ 
siderution,  to  overlook  that  care  be  owml  to  tht' 
suitors  of.  the  Court,  and  to  admvt  persons  of 
tmiall  ainlities,  and  every  way  ut^quahtied  for 
the  discharge  of  no  qfreata  iiunt.  This  obliged 
him  to  connive  at,  and  permit  the  fraud  off  nt 
practice  of  payinjcf  the  excessive  price  of  tbeir 
plucestout  of  ibe  motley  belon^of^  to  ibe  s^uitors 
of  the  Com  t.  That  again,  forced  bim  to  lufler, 
or  rather  to  encourai^e  ibe  ptrcho-^ing  I^lastcra 
to  traffic  and  g^ame  with  ibe  estates  of  tti6 
nuifforic.  There  was  no  otbiT  way  by  which 
tbeae  iibrtal  purdiaBers  could  retmbtir^e  them* 
geltefi.  And  thi»»  circumstance,  even  after  it 
was  apparent  the  Jtuitors  were  bkHy  to  lo*e  a 
gnmi  port  of  their  efletU,  reduced  bim  to  ib« 
unhappy  nrceasity  of  refusio'^  to  take  tboae 
measures  thai  were  necessary  to  pr^^veAt  that 
practice  Ibr  lite  future.  Ami  when  the  faiai 
^lfect« of  tbia  unbounded  liberty,  which  he  per- 
mttlcd  the  Masters  to  enjoy,  began  tci  appear, 
bttcomei 


Mr,  Bennet  and  Mr.  Gmlfrey 
.     Do  you  know  who  is  admi- 
r  to  Mr.  Borret  ? 

PtQH,    I  have  heard  that  Mr*  Faxton  ia, 
Ye«,  my  tordif,  I  took  out  aduii* 
ttion  to  Mr.  Borret  obot/t  the  middle  of 
UsI. 

fd  Ltchmtre,    1  deaire  to  ask  Mr.  Thomp- 

»lM^i]ior  tJM^  computiiliiin  be  bath  maile  of 

|tcf »  u-ies,  atnountitij^  to  105,000^. 

in  ■K'  voluntary  ttccompia  of  the 

t  debvered  in,  or  whether  any  of  the 

Here  concerned  in  tbwie  occompts,  or 

I  parties  to  «uch  couipaiations  .' 

njpion.      From  the  Masters'  voluotary 

ftpts  oi\Jy. 

Pen  J?.    I  beif  leave  to  ack  one  question, 

;»i  V  liicb  the  bird 

ftm  1^  a  a«k,  wbe- 

rMr.  vTHuitty  tiini  jiii.  j.cnm'i  wcrc  uot  the 

era  that  Bp[K*arcd,  mid  were  employed  un- 

1 1  at  that  time,  and 

.of  Mr.  Borret? 

TAttt"'  <'^'  i^eid  Mr.   Godfrey 

Wretb  ired  to  na  to  Imve 

haoart  ^         .     Borret 'a  effects. 

Ijord  Ah  to  the  natui^e  of  tbese 

liieitu  -ikheatys»  these  deficiencies 

krise  uiH>a  the  cash  balanccv  Then  J  would 
^  fbui  to  know,  whether  in  the  accompts 
Ititt  be  bath  peruwed,  and  in  the  oompula- 
loa  of  tfaii«e  deticiencies,  the  several  defi* 
HicDfifei  of  the  cash  balance  arise  ii[K)^  the 
^Me  habuscc,  or  are  Appropriated  to  any  pir- 
tiitors  concerned  in  thofio  balances  r 
^mn.  No  part  of  the  cash  balance  h 
I  to  any  particular  auitor. 


1039] 


10  GEORGE  L 


Triai  of  ike  Earl  of  AlaccUsfi^id^ 


[W 


with  the  iTeficieiil  Masters,  to  |trev€ot  its  beings 
J&uuvvu  to  the  wot  U,     Frum  tience  sjiruui^  ttie 

|1liieq(iiil  coiuposilioQ  with  \\  itHuti :  the  |ftirf  iai 
orders  iW  ilie  payment  of  nM»ney:  the  private 
otttiiliuiioti  tu  uiiswer  the  must  pre^tsin^^  iJe- 
nantis:  Ami  from  hence  hi:*  awn  liberahly  to 
tiickniaii*    But  nUen  all  itiese  incthmls  pro  veil 

_|Deireirtu:il,  and  he  fouud  the  ciies  of  the  widows 

"mud  orphatis  baJ  reuched  his  inajt'Sty,  then, 
toy  lords,  ilid  ihe  Loril  High  Chancellor  of 
Great  Diituiu  cumbiue  with  these  Wasters,  ad- 
vise and  persuade  llicin  to  make  false  repre 
eDiiitioMs  of  their  civcumstauei^  and  accoinpts. 
i  order  lo  deci^ife  his  tDajesty,  to  frustrate  hi^ 

^IDost  g^rucious  intentioti^  for  the  ^ood  of  his 
subjects,  and  lo  prevent  (what  be  mast  feared) 
a  parliamentary  eri^uiry. 

These,  my  lord^j,  are  the  malii^nant  conse- 
l|uence«  of  lb  At  eorrupiion  of  which  the  eiirl  of 
Bl at €)e^ field  is  accu'^^ed  ;  and  which  ibe  Com* 
wons  apprehend  to  be  perfectly  consistent  with 
the  whole  tenor  of  his  aclioof,  dunog  the  time 
of  bis  being  Chancellor. 

The  Commons  began  their  eviJence  with 
that  oath,  which  it  was  proved  the  Earl  had 
lak»*o,  in  consequence  of  the  statute  of  ibe 
12  Ric.  3,  and  which  was  adminliitered  in  the 
usual  and  accustomed  manner.  I  i^hould  not 
have  reminded  your  lordi^bipa  of  this  circum- 
Ktance,  if  it  was  nut  for  that  uoaccouiitable  at- 
tempt, to  quibble  away  Ibe  sanctity  of  an  oath, 
anti  to  repi^sent  it  as  a  mere  ceremony  and 
form,  for  no  other  reason,  but  because  it  was 
read  to  him  m  Fpench^  and  when  he  kissed  the 
Bible,  hia  lordship  and  the  clerk  «»aid  notbiufj 
to  each  other.  They  afterwards  gare  oilier 
evidence,  relating  to  such  prolils  aa  he  had 
m.iile  of  the  office  of  Chancellor,  which  he  did 
not  admit  in  his  Answer.  But  I  do  nut  appre- 
ht'ud  it  necessary  to  aientiou  them  particularly 
to  your  lordships. 

The  first  general  head  of  accosalion  against 
the  Earl  is,  that  he  corruptly,  illegally,  and 
extoriiively  insisleil  t»pon»  and  receiveii  great 
sums  of  mont-y,  for  the  admissKin  of  Neveral 
persons  into  olBccs  rehititig  to  the  adniiiustia- 
tion  aud  execulioo  of  justice. 

To  lead  the  way  to  ihis  Charge,  the  Com- 
inons  began  their  evidence  witli  the  iNuub  Ar- 
licle,  which  relates  to  his  taking  100  guineas 
from  T.  Bennet  for  permiitiiig  him  to  rtjiign 
bis  office  of  Clerk  of  the  Cu!»todies,  and  for  pro- 
curing a  new  gratit  of  that  otDce  lo  Hugh 
Uamerstey. 

The  Commons  ctiose  to  begin  with  this  Ar- 
ticle, not  because  they  thought  the  sum  taken 
BO  considerable,  as  lo  have  any  great  influence 
upon  the  judgment  your  lordships  may  give 
upon  Ibis  occaiioD  ;  but  becanse  the  fact  dis- 
covers the  man,  and  fully  estplnins  uhat  man- 
ner oi'  mind  he  must  be  endued  wilb»  who 
could  stoop  to  an  action  so  low  and  sordid, 
This  Article  does  of  iiself  lay  a  foundation  of 
probability  for  the  others,  in  which  be  Is 
churged  with  the  extorting  of  much  larger 
sums.     It  is  true,  his  lordship  in  his  Answer 

gif'es  lums^  a  fcrydifiereiit  character,  aud 


offers  to  pro«l«ce  a  catalogue  af  hi*  o«o  fftae- 
rosiiies.  What  urgameiii  there  wouhl  be  la 
this,  when  produced,  1  caonnl  comprelieo«l  V 
will  tli*frefore  endeuvour  to  save  your  lordsbi|)S 
that  trouble.  1  can  admit  eveti  inoretlian  is  de- 
sired: lohlead  of  being  jgeoercHis^  I  wUlntpMK 
his  lordsihip  (far  from  the  trull))  lo  havcuoet 
profuse  :  yet  still  would  it  pn»vr  miibiog  -. 
sirrely,  il  is  not  a  new  charaii  >ry 

even  squanderers  should  be  i 

To  proti:  Ibe  parttculaia  ol  nu>  Atucle, 
resignation  of  Ben  net  and  the  new  gr»nl 
Hamorbley  were  both  pruvctl.  And 
payment  of  the  money,  Mr.  Cotting 
was  secrirtary  to  my  Ion!  ^lacdesi 
who,  through  ibe  wholi»  course  of  the  et  idi 
appears  to  have  been  his  great  agent  and 
tidant :  He  owns  the  receipt  of  ihv  100  gun 
and  swears  he  paid  them  to  the  Eorl^  witUi 
day  or  two  after  he  receivetl  thetin  He  iJe 
owuathc  consideration,  for  which  tl^is  foooqr 
was  paid,  that  it  was  for  |>ermitimg  Beoniv 
sut  lender  iii!<i  place.  Were  there  no  evidfoei 
but  Cottinc[)iam  alone,  the  Comiuous  think tkf 
have  sut£cieiitly  proved  this  fact :  Bui  tk 
evidence  of  T.  Ben  net  puts  it  beyond  contn^ 
diction »  and  makes  it  manifest^  that  the  t09 
guineas  were  in  a  manner  extorted.  Befwci^ 
soon  alYer  be  wus  aiimilted  a  Master^  be«ii 
desirous  to  pait  with  bis  place  of  Clerk  oC  tk 
Custodies ;  and  to  that  end  applied  in  CoUof* 
ham  lor  my  lord  Maoclesfield^a  favour,  iM 
ac<|iiainto  him  with  the  peraon^  to  whom  II 
desired  the  new  grant  should  be  made :  Coi^ 
lingham  upon  this  speaks  lo  my  lord,  and 
short  time  after  tells  ^Ir,  Ben  net,  thai  taettb^l 
lord  nor  himself  knew  Hamer&tey.  Yeor 
shi[is  may  remember  that  the  Earl, 
citiss- examination,  seemed  to  enili 
some  small  triumph  upon  this  circai 
My  lords  it  is  uol  so  wonderful  thai 
bam  should  not  s|>eak  truth,  there  \n  no  gif 
evidence  to  the  toue  of  ibe  voice,  uor  the 
atid  manner  in  which  a  conversation  is 
on  ;  more  especially,  if  it  be  cotisideredi 
Cottin>;ham  was  a  man  who  doubtless 
these  occasions  would  uot  have  known  bis 
thcr  witlioiit  the  mediation  of  gold. 
tvas  surprised  at  this  speech,  as  well  be  nli^ 
when  Hamtrjiiey  lived  weat  door  lo  CottJ 
bnm.  However,  Cotiingharo  at  last  expl; 
the  mystery,  by  letting  him  know  a  pr«'$zat 
was  expected  by  the  Earl,  and  Coltinghant 
himself  owneil,  he  did  iay  Ihe  Earl  iniMid 
upon  a  present. 

[Mr*  West  was  here  interrtiptcd  by  the  EtH 
of  Macdesfidd,  who  said,  that  Cottingliaj  ^ 
words  were  uot,  Thai  he  iusistetl  njuni,  but  1 
he  expecttd  a  present.      Upon  w  hich  oc 
Mr.  Onslow  represented  warmly  to  the  Lofd^  " 
that  the  behaviour  of  the  Earl  was  irrfgalijk, 
and  that  the  Managers  ought  not  lo  be  [ 
in  upon  while  they  were  speakiiig.     Aod  I 
Mr.  West  went  on.] 

My  lords,  it  is  my  duty  to  repreMol  tbc  «e- 
tious  of  tbia  Eari  in  Ibe  stntogM  llfbti  uA 


flj 


Jqt  High  Crimes  and  Mh(ffr;eanors» 


A.  D.  1725. 


fioa 


tironge&l  light  is  llic  jni^test  Kijlit.    Upon 

lion  1  do  tint  ihitik  the  word  I  used  to 

►equal   to  tUe  fati.      Mj  lords,  tTic 

ilioo  ot'a  Chaiicdloi',  cnminunicatrd  hy 

Eecfctury,  to  st  p^w  mftde  Master,  H  nmte 

rtu  tn«ist.     But  be  that  aw  it  will ;  Ueiiuet* 

ter  lo  Ihesc  expectnliotis^  n«|»res<?nt€il 

^   dahi^i  of  beinp  obti^^^d  to  pay  inonry 

rthii  o€CAsian«  when  he  had  no  lalety  (lai'd 

\fery  large  sum  to  the  Chancfllor;    ami  l>y 

ly  oJ' arg" uiiient  loUl  him,  that  when  he  came 

)  the  |»race  himself,  he  paid  nnthing;    and 

brother  tohJ  hjra«  that  lonl  Cowper  npou 

!  like  Qcca^sion  had  taken  nothing,  bt'caitiieflii 

tjl  '  ■  *  ■•  f  ;aid,  nothinjf  was  due.  At  last, 

ft*  4ie\d  and  hji  secretary  being- 

int.  ,  iienneia^eed  topav  the  105/. 

er  thtK  Dg^reement  wAfi  maJe^  Cotlingham 
qu>uut4'd  his  lord  with  the  bargain,  and  then 
Id  Bentitt,  that  the  Earl  a^^reed  to  it :    But 
"^  hi^l,  that  it  WBA  a  i^eat  favour  be  would  take 
^•matl  a  lum  \    and  Coitinftham  at  the  same 
pe  madt?  this  Tcry  remarkable  declaration, 
|ilt  if  Mr  Bennet  would  bring-  the   100  gut- 
he  need  lake  no  fiirther  trouble,  for  the 
ncellor  would  apply  to  the  king  for  leave 
far  him  to  rt.'sij^n,  and  would  take  cai-e  of  the 
«Bary  ateps.      And  accor»lingIy  ihe 
1  exeoutetl  in  that  njanner.      For 
knew  ao  little  of  Ihe  intermediate 
dings f  that  he  has  told  your  lordships  he 
not   how,   or  by   whom    thi*  warrant 
into  the  hvidji  of  the  cterk  of  the  pa- 

Mhificull  not  to  feel  some  indiffnation  rise 

arerebting  this  meanness  \  Mean  it  would 

i  been  in  any  mnii :  But  for  a  peer  of  Great 

UU|  an  earl,  lord  chancellor  of  the  kingdom, 

"  1ianceUor80oldi*fed  andsodenily  bought, 

Itiiute  so  many  illustrious  characters^  in 

a  manner  aV  to  became  a   broker  for 

lli€!  hire  of  ICKJ  iruineas,  is  aalooiahing !    But, 

td»tt  when  I  consider  that  this  earl  was 

same  time  one  of  the  lords  justices  of 

'  m,  in  a  commis&ion  to  execute  some 

in^  of  majesty  itaelf,  1  want  words 

>  ^jMicTtv  i^uch  a  IransactioD  io  ita  prt^per  co- 

Ijr  lord«»  I  have  mentioned  the  evidence 
atmg  to  thi«  point  something  the  more  par- 
^ilitrly,  lKH.'4in«»e  tfie   proof  comes  up  to  the 
jtri-mTwordAofthe  statute  ot  the  t*2lh  of  Rich. 
fUfid   proTea,  k%  I  apprrhend,  beyond  conlra- 
•Xtonf  thnt  the  earl  of  M.icc'lestie1d  difpose^t 
tli}»  plar«f  tor  uih  and  hrokage. 
llclore  i  quit  this  Article,  I  begleafe  tooh- 
lf^^  ia  ^our  lordikhipK,   thai  my  lonl  Mac- 
*  '  1  io  hi!*  Answer  insists  upon  it  to  be  the 
Ui«   chartcetlora  to  accept  preienta ; 
'  vns  he  ilid  in  ibis  case  accept  a 

'J  he  avoiils,  a«  he  every  «  here 

' '"-♦■'^■Tfitr  sum  that  lie 

why  this  pre- 

-i  '.  till  and  ri>jht  ? 

.  thnt  there  i«t  Nomrihing 
1)  thai  part  of  his  Artswer, 
%\cn  b«ilcfii«9i  be  tiiaiat«d  on  tOO  guin^at,  ot 


any  other  tmm.  Tliis  answer  both  explains  his 
e.\tnir.ivc  metho^l  «tf  procepHinij,  and  aliunst  de- 
nionslrales  the  practire  of  it.  For  it  in  very 
remarkable  his  lordship  does  cot  deny  hein- 
»i&tftl  upon  A  pn^sent  in  gcDcral,  but  only 
that  he  did  not  insist  upon  any  pariicutnr  sunO* 

My  lonis,  your  lordshipf*  will  Ihid  hy  iha 
course  of  the  evidence,  tbitt  this  artifiL^e  of  not 
ntiming  a  fiarticutar  sum  was  not  peculiar  to 
this  instance  ;  but  my  lord  Macclesiitld,  when- 
ever a  Muster^s  place  or  any  other  place  was  to 
heboid,  carefully  avoided  fiUng  tlie  price  by 
demanding  a  ceriaio  sum.  No, — tt  %*bs  mor« 
gsiitiliil  to  set  every  thing  up  to  the  besrt  bidder^ 
ajjd  resolve  never  to  dispose  of  any  ollice,  till 
the  sanguine  purchasers,  by  bidding  oo  eacU 
other,  were  artfully  screwed  tjp  vohintarily  to 
ot!er  :i  present^  as  his  lordship  genily  pkmiaes 
it  ;  but  as  the  Commons  think,  ikty  har« 
proved  the  fact  to  be,  a  t^rriipt  and  exorbitaul 
price,  equal  to  Ihe  avaricious  wishes  of  Ihft 
seller* 

The  next  instance  to  which  the  Commonji 
called  evidence,  was  the  illegal  sate  of  several 
of  the  offices  of  Masters  io  Chancery.  Nowv 
m^  lonls«  (not  to  be  too  minute  in  mentlonmgf 
the  evidence)  it  is  manifesst  from  the  oath  of 
office,  which  they  take,  flrom  the  commissiof) 
granted  to  the  Masters  in  conjunctiort  with  th« 
judfref!,  and  from  the  evidence  given  hy  Mr. 
IV  J  filer  relating  to  that  aulwrdinate  jurisdiction 
which  they  exerciso,  that  these  otlicea  i\a  rc« 
htii  to  the  administration  and  ej^ecution  oC 
justice. 

ftly  1of4  Macclesfield,  in  his  Answer  to  tbit 
part  of  lb©  Charge,  industriously  is  silent  ns  to 
the  particidor  soma  which  he  received,  although 
your  lordships  will  observe,  tliat  payment  of 
the  indiviilual  sums  charged  io  the  Arttrles,  haa 
been  proved  by  ibe  persons  themsthcs  who 
paid  Ihe  money.  Kyna«ton  and  Hcnn^l  ar« 
express  as  to  the  payment  of  l.riilO  guinea* 
each;  Mr.  Elde  is  positive  as  to  h»s  Cftrr>ing 
to  the  Earl  6,000  guineas  in  a  Dulsh  haslket ; 
and  Mr.  Thurston  sweari,  he  kh  5^000  gnineaa 
with  lady  Macclesfield.  Now,  my  lords*  a» 
the  Earl  }nsi<iti  that  it  was  a  known  perquiHilo 
of  the  great  seal  to  accept  of  presHrms  Uj>on  the 
admilling  new  Masters  ;  MfUy  does  he  not  own 
the  receipt  of  the  tererat  anms  with  which  his 
in  charged  ?  If  it  waa  a  known  and  e^ttihlished 
perquisite,  doubtless  the  sum  payable  wouhl 
iiate  b^n  ns  known  and  established.  And  ihia 
cot)i«ideration  I  apprehend  to  l>e  the  reason  of 
bis  tords1np*a  caution.  He  could  not  but  feel 
the  alisnrdity  of  his  own  argiunent,  nnd  yet  I 
will  admit  ns  much  bh  hii.  lordship  or  hh  couti* 
sel  can  desire  upon  this  occaiion.  1 1 '5*  ftrede* 
Cf^siom  possibly  mJiy  have  accepted  jimull  gra- 
tuiiiesfrom  new  Ma*trr^«,  at^erlbeir  rtdmiv^inn. 
Therefore  he  msy  publicly,  and  wan  fail  any 
oilier  consideration,  sell  them  lo  th**  lienl bidder 
for  the  mo^t  he  coidd  get.  My  lord^*,  the  argu- 
ment would  have  l»een  ju«t  a^  t'-'^"!  AntUuf  thtt 
lifue  that  it  was  u^ual  tor  the  l  j 

btir  to  give  new  yetira  gifts  to         «  r, 

to  prova  ha  inigGt  bava  aold  hia  favoura^  «^ 


I 


I 


Trial  oftho  Earl  ofMaedt^hUt 


[id 


I 


M«))y  Biiffereil  no  one  to  jilttd  beror«  blm,  t?lio 
woutd  DOl  fdrtti  Ills  )iracUce,  ami  pay  the  full 
price  of  w  hat  it  tni;^ht  be  vyortb. 

To  support  tbls  rm&giDaiion  of  its  beiof^  a 
cominoti  pei-quisilo  of  ibc  great  seal,  my  lord 
Macclesfield  cloesiii  his  Aotwer  aver,  that  every 
9fie  of  the  Masters  1  haie  naoieil^  did  volun- 
tarily^  and  of  their  own  acconl,  send  a  present 
CO  his  (ordship  on  occasion  of  their  respective 
admiitanc€5.  Hoiv  far  it  was  a  present  the 
erideoce  I  shall  mention  to  yoyr  lordships  will 
ftilly  explain.  At  presenf,  I  bei^  leave  to  ob- 
•erve  the  eauivocaloe«s  of  ibest;  last  words,  On 
<>ccasion  or  their  several  admittances.  This 
was  not  accidental,  but  calculated  on  piirpo<!e 
to  make  the  whole  appear  like  a  common  and 
usual  perqtnsiie.  A«  the  word:*  stand  in  ibe 
Answer,  llie  natural  construction  is,  that  these 
Masters  vol Liutahly  made  the  usual  present  to 
his  lordship  ailer  they  were  admitted  to  their 
ofiicses :  and  yet  the  cnticaUense  of  the  expres- 
9100  does  not  exclude  the  payment  of  iKe 
tuoiiey,  even  by  way  of  barj^am,  before  their 
admission.  For  even  in  that  case,  the  money 
may  as  truly  be  said  to  have  been  paid  on  occa* 
sion  of  their  admittance*  1  should  not  have 
inentioDed  this  part  of  the  Answer,  if  it  was  the 
only  instance  of  his  lordship^s  deviatint^  from 
truth.  I  shoHld  have  imagined  it  to  be  an 
oversight,  of  either  his  lordship  or  his  counsel. 
But  by  the  observations  that  have  been  made 
by  the  orentlemen  who  opened  the  several  Arti- 
cles ;  contradictitin,  ef|U( vocation,  and  (I  wish  I 
could  not  say)  untruth  shine  in  every  part*  and 
appear  to  he  the  predominant  qualities  oi'  the 
whole.  I^Iy  lords,  1  mention  this,  not  ouJy  as 
an  ag'g'ravaiion,  but  even  as*  a  proof.  F*>r  vi  hat 
cause  must  it  be  that  retluces  a  man  of  the  abi- 
littes  this  Eur i  is  known  to  possess,  and  of  tlie 
eharacter  he  did  once  enjoy,  to  make  use  of 
ttich  liieans,  such  contemptihle  arts?  Arts! 
unpractised  by  an  innocent  man,  and,  I  doubt 
not,  will  prove  useless  to  the  truilty/ 

The  fact  upon  the  evidence  appears  to  be 
thus,  Kynastnn,  Bcnuet,  EUle  and  Thurston, 
all  concur  in  ihi»  circumstance,  That  they  paid 
their  money  before  they  were  admit  led  into 
their  officea.  Mr,  Cottingiiam  also  owns  that  he 
received  iU&  munc'V  of  Mr.  Kynastnn  aud  Mr. 
fiennet,  and  carried  up  the  basket  of  Mr.  Hide, 
Ik*^' "^  ""  V  -*"  ''"'m  were  sworn.  All  these  fWr- 
I  ice,  and  Cottingham  eonfif ms 

tl*v.i  ..  .,,..„,,  ihat  they  applied  tctlmn  as 
the  proj»er  pcr«on  to  reconjmeud  them  to  my 
lord  MaccK  ;  Hf  M,  and  t»  be  informed  of  what 
aum  f '  oflfer,  in  order  tti  render  them* 

ttlve*.  :  to  his  lord thip.   The  evidence 

of  Kyua^uii  ij roves  it  to  be  a  direct  bargain ^  for 
U«  swears,  when  he  acquainted  C'ottingham  of 
bis  haviui!^  aji^reed  with  Ro^efB  for  the  purchase 
©f  his  place,  thnt  he  oBercd  but  t^OOO/.  as  a 
prestfot  to  the  Cliancellor :  upon  which  Got- 
Imgbanrt  said,  He  would  not  mention  to  my 
lofd  anyRum  under  1,5 (.10/.  and  when  Kyuait- 
ton  agreed  to  jfjv*^  thrtt  sutu,  i'oitioi^hani  again 
jvpesenteil  that  jt  must  be  guineas,  upou 
whkb  the  1^500  gumeas  were  puid. 


greats 
I  lie  in 


Mr.  Hennet,  be  aaya.  llMit  mhen  bt  hs4 
ii{<freed  with  Mr  Hicoitcks,  lie  abo  applied  to 
Cottiogham  to  know  what  warn  was  neeetMnf 
to  lie  paid  the  Earl.  Cottingrbam  mgrmd  I 
a  present  wbj*  necessary,  bat  be 
name  the  n^rn.  Vmm  \\uh^  Hrii-r 
consulted  with  i 

strain  went  In  v  ♦(?! 

guineas;  hutCntiiiighnm,  tlissntimlird  witbt 
shook  his  head,  and  said*  He  w^uuld  twt  j 
the  Chancellor  with  ihni  ^um  ;  a 
more  luid  l>eei]  gif  en,  and  he  liuped 
not  low^r  the  price.  Benivt*t,  iMiwev€r»  ; 
pressed  Cotiinjf ham  to  otTer  the  l,0O0  gnmr 
to  which  Cnttingham  replied.  There  was  ( 
hatsriflio^  With  the  Chancellor;  and  that  if  b 
wctuld  not  ortvo  more,  he  might  be  absotuAtlr 
ret  used,  and  lose  the  place.      Bennet,  flrtK 

witii  this  replv,  —  - --  -  »^  -  ^  -no  ^ 

neas,  thouijfh  i  Id  hm^ 

he  nec'l  not  br,,,^  .,   .  ,  .   ,    i  ,iiik  Wli 

would  do  as  well,  I  cannot  help  obaerrin^, 
that  there  was  a  strangle  c'auu*Mi  n&etl  as  toilif 
pay  ment  of  this  money,  n "  siii^ 

with  the  nature  of  an  es;  r  rrf s^J 

lar  perquisite,     Mr.  Benuet  ^ictit   hi«  cl««ir| 
take  out  the  bills  in  a  teiir^ted  rtame,  anil  1 
this  reason,  because  otbe  y  eooldi 

so  easily  be  parted  with.  '  im,  iti 

was  Komelhiu^  ji^lous  ol  a  li 
confidence  to  pcr«»ist  so  long  in  < 
guineas,  und  therefore  the  tirisi  word  ue  I 
him,  when  he  repaired  to  the  Chancellor  lati 
sworn  m,  Have  you  broug'ht  the  money  ?  Bet* 
net  atisvvered  h'ke  a  man,  who  perfectly  wti 
knew  the  family »  He  should  not  hnve  vrnlanl 
to  have  come  without  it.  Upon  this  the  maaff 
was  paid,  the  Master  was  sworn^  and  ibe  wbtM 
bargain  fully  executed. 

These  kind  of  ti  irLiiiii^  wore  now  \ 


1   di*io(Hii 
to  be 
eveo  Cottin<*bam 

in  the  sefrt-r  r%n 


much  tl)e  so* 

the  Earl  ihoo- 

more  cautious,  and 

now  to  be  so  m»tHi 

Mr,  Eldeappli' 

without  any  < 

guineas  for  thib  j 

seems,  wa<4  not  at  ; 

but  answered  with  tiie  v.. 

a  great  man  ;  Thve  and  i 

gains,     I  will  treiit  the*i  m 

ner  from  others.     1^1  v  lord  M 

good  as  his  word,  tor  upon  il... 

the  secretary y  and  oflered  him   5 .000  guiaetfi 

and   he   reporlfsd  io  his  loril  wlmt  ttasffdria 

that  CHttDgham  uasnotdismissrd  tijia  service 

at  onee ;  and  the  matter  was  so  for  agreed,  tkil 

Mr.  £lde  went  in  a  chair  to  the  Ear)' a  boostr 

with  his  bsskH,  in  %%hi€h  be  swears  be  pal 

5,000  gumenv.  and  delivered  it  to  Coliingba«r 

who  carrif'd  it  tin  to  his  lor«t ;  Init  al  the  ■aiii« 

time  be  -  did  not  know  what  was  in 

it.     Up'!  was  iutroduceil,  aod  twnni 

into  bts  ori**p,     i*iur  1     '  mtt  obiifftt 

that  the  basket  was  no  p  Kargaiit.  tmt 

therefore  the  scrujiulaua  <;aii  rtriunifid  JlWk 

t^tt  Uvta  <itn\jty. 


V 


55] 


for  Utah  Crtjnes  mtd  Misdemeanors. 


A.  D.  1725. 


[I06ff 


The  last  peraon  nraiiiiiip4  as  to  this  point, 
was  Mr.  Thurston » aiut  he  also  was  treated  in  a 
nMuiQenJiflfereot  from  all  others.  Howascertnin- 
Ijr  better  recommended  than  any  of  them^  and 
io  the  streii^fth  of  that  was  very  well  received* 
.Upon  which  he  was  sang'Qine enough  to  expect 
5  should  have  ihe  place.     Hutj  my  lords,  b^ 
bre  he  was  rccoromeuded,  Mr,  Thurston  like- 
se  applied  to  Cottingham,  and  ofTered  5,000 
iiinea$«     Coiting^ham  said  he  would  report ; 
he  was  not  Ir united  to  return  an  answer. — ht 
mean  time  care  was  taken  by   the  artful 
preadin^«#f  rumours,  that  Mr.  Thurston  should 
ar  the  Cliancellor  intended  to  ^^ive  the  place 
ay  to  another  person.     Alarmed  at  this,  and 
*n^  alt   otlier  methods  of  recommendation 
railed  notbing-,  he  applied  to  my  lady  Mao- 
Qeld  $    and   alter  iiBin>x  several  arguments 
purpose,  as  that  his   name    had  been 
iuted   til   the   public  news    to   be  the  ^uC' 
ceding    Mo^jpr  ;    that    persons    applied    to 
lim  for  ihe  business  of  the  ofBee ;  and  that 
reputation  and  character  depended  on  his 
he  at  last  told  her  he  did  not  e.T- 
ct  to  have  the  place  for  nothings  and  there- 
be  Ml  bills  for  5,00Q  guineas  upon  the 
able,  and  so  retired.     These  he  found  w<n-e 
(  best  arguments,  and  the  best  reeommenda- 
for  within  two  or  three  days  after  be  w:is 
•  into  the  ogice.    This  new  way  of  pro- 
ding  deceiFed  e?en  Coltin^ism  himself  so 
cb,  that  he  e?eti  scrupled  to  take  his  own 
I  know  not  whether  V  ought  to  mention 
J  other  particular^ ;  '      '      he  questions  put 
Hhe  witnesses,  wl.  ere  cross -exa^ 

tincdj  it 'J    '  .,ip  would  per- 

lade  you,  v  a  transaction 

flween  K,.  i ...... ^.^  t,  .,  ,..v  lady  Maccles- 

M^  and  in  which  he  wa^  in  no  wii^ecimcerned, 
your  lor<lships  can  believe  4 hat  the  Ear!  in- 
B<kd  really  to  give  away  this  place  for  no- 
og,  the  Earl  will  l>e  fortunate:  for  Mr. 
fiuretnn  himself  owned,  he  did  not  think  he 
lioold  have  had  the  place,  if  be  had  not  left  the 
ney. 
have  repeated  ibis  part  of  Ihe  evidence 
Q  fully  to  your  lordships^  becanse,  as  1  ap- 
eh  end,  it  clearly  explams  the  Earl's  artftil 
rthod^  of  extortion,  and  also  proves  that  in 
whole  proceedmg,  the  money,  instead  of 
fing  roluntarilv  given,  was  unjustly  extorted, 
that  instead  of  being  a  present  or  usual 
[juisite  Ji  was  an  illegal  and  corrupt  bargain 
I  sale  of  otTloes,  relating  to  the  admiaistra- 
Du  and  execution  of  justice. 
The  last  thing  1  shall  mention  to  prove  this 
►int  is  an  evidence^  to  his  lordship,  most  on» 
aoeptionable,  1  mean  the  earl  of  Macclesliield 
ttlDself  ^  for,  my  lords,  consider  once  more  his 
swer  in  relauon  to  this  very  point,  ^Vhat 
_liition!  what  equivocation  !  what  confusion  of 
IQiRd !  that  could  make  him  even  forget  Ihe 
time  of  his  own  Impeachment.  What  other 
circumstances  of  guilt!  that  during  the  course 
of  thiR  trinl  have  been  vitible  to  your  lordships. 
**ank  bills  taken  out  in  feigned  names,  the  se- 
wilh  wbtch  the  money  waspaid^  tliedcad 


^ttnce  as  lo  the  |mce  agreed :  1,500  guineaa 
in  a  basket ;  another  5,000  guineas  left  on  a 
toilette ;  anil  lastly,  bis  own  declaration  to  iba 
Masters  almost  in  a  body  ;  how  much  they, 
how  much  himself  might  be  affected  :  I  sub- 
mit to  your  lordships  what  inference  is  (o  b« 
drawn  from  all  theise  particulars.  The  Com* 
mons  are  persuadeil  all  flowed  from  this  prin- 
ciple, that  his  lordship,  the  ^la^tei^,  tiic  seller, 
and  ibe  buyer,  were  alt  conscious  that  the  whola 
iransaciioii  was  illegal  and  corrupt. 

Before  I  quit  this  head  of  the  Charge,  I 
must  take  notice  of  that  part  of  his  lordUiip'a 
Answer,  wbrrein  lie  hopes  that  the  receiving 
presents  on  such  occai^ions  is  not  criminal  in 
itself,  or  by  the  common  law  of  this  realm  ; 
and  that  there  is  not  any  act  of  parliamenl 
whatsoever,  by  which  the  same  is  madecrinii- 
naK  J  hope  hts  lordship  intemi^  that  the  worda, 
Or  by  the  common  law  of  this  realui,  should  b« 
understood  as  exphutatory  of  the  expression, 
criminal  in  itself;  oil^erwtse  it  supposes  a  very 
strange  distinction*  For  surely  an  action  can* 
not  be  conceived  to  be  criminal  in  itself,  and  al 
the  same  time  not  ounirary  to  the  common  law 
of  this  kingdom.  Is  it  possible  for  any  one  to 
imagine,  that  eorruptiou  in  the  oOicer  is  not  tho 
necessary  coDse<]ueuce  of  bet ag  obliged  to  pur- 
chase his  place  f  This  is  in  tet'minis  the  reason 
of  the  statute  of  Edward  6*  h  it  po^sitjle  for 
any  one  to  imagine,  that  oppression  of  the  snlw 
ject  must  not  he  added  lo  this  corruptiun  f  Oi*, 
can  Ihe  man,  who  sells  these  places,  with  no 
other  view  than  to  satisfy  his  own  avance,  re* 
tain  his  integrity,  and  be  a  severe  or  compe- 
tent check  u{K»n  the  actions  of  ihuMF?  olBcer^,  to 
whom  he  has  sold  ?  And  that  is  the  reason  of 
the  judgment  reportedj  by  Moor  [Moor,  781 
Stock  with  and  North  J  viz.  That  the  ssia 
of  otQces  is  malum  in  «c,  and  therefore  fiueahle* 
But  when,  to  what  I  have  now  said,  I  ndd  the 
consideration  of  the  oath  enaeted  by  the  sttiiuie 
19  Richard  2,  (his  lordship  will  l>e  please^l  to 
add  his  own  opinion  and  apprehenHons,)  I  do 
not  conceive  it  possible  to  doubt,  but  that  Ihe 
sale  of  otfioes  relating  to  the  adminislraiion  of 
juttice,  is  criminal  in  itself,  cnuMna)  by  the 
common  law,  and  criminal  hy  act  of  parfia* 
ment. 

The  ne)tt  point  to  whtcU  the  Commons  gave 
evidence,  is  ihc  necessary  consequeuce  nt  what 
I  last  mentioned  :  I  mean  the  admiUmg  per- 
sona lo  the  ofliee  of  Masters,  who  wei  e  f*f  mean 
suNtauce,  and  every  way  utiqualilieit  for  that 
trust.  The  evidetK-*^  n  ivin  o1  the  deficiency, 
now  in  several  of  tl  ,  is  so  full  and  uo* 

contestable,  I  hit  I  -  1  the  rejieirtiun  of 

it,  and  o«ly  juifl  name  Mr.  'ihompson,  and  re- 
fer your  lordships  to  the  report  mMde  to  tilt 
council,  the  orders  of  the  Court  of  Chancery, 
and  the  other  papers  nL»w  upon  ihe  table* 
Thetr  l)eing  deficient  at  this  time,  ts^a  violent 
presumplton,  and  thai  in  point  of  law  is  som« 
degree  «»t  proof,  lliat  ihey  were  of  smalt  sub- 
stance al  the  titnr  of  thtir  adritisHtnn.  Eluw 
el!»e  is  it  tutie  d/nceivml  tlinl  )|aKUT%<^^S.v^V«£t%. 
been  ao  aUoti  ^  Uia«i \yi  ^^w  «/?0£x»^  iJw4viwv\  \3%^ 


■ 


1067] 


10  G£0R6E  L 


Trial  of  the  Earl  ^f  Macclexfidd, 


[1068 


■o  much  in  airear  ?    Kynaston  was  admitted  I  that  even  the  1,500  ffuioeas,  thev  paid  the  Earl 

but  in  August  1721,  and  in  1724  there  appears     *•■— »^ -*  *• ^ ^-' 

a  deiiciency  of  26,908/.  T.  Bennet  is  admitted 
but  in  June  1723,  and  in  little  more  than  a 
year  there  is  a  deficiency  of  16,075/.  And  it  is 
remarkable,  that  both  these  Masters  haYe  sworn 
all  they  were  owners  of  in  the  world,  was  not 
sufBcient  to  have  paid  the  ?ast  prices  they 
ga?e  for  their  offices.  Yet  these  men  were 
chosen  out  to  be  trusted,  one  with  near  50,000/. 
and  the  other  with  ucar  100,000/.  of  the  money 
belonging  to  the  helpless  and  the  miserable. 
By  the  skill  ray  lord  Macclesfield  shewed  the 
other  day,  in  endeavouring  to  prove  a  man  il- 
legally worth  1,000/.  or  1,500/.  who  had  owned 
himself  to  be  worth  nothing ; .  your  lordships 
may  see  it  was  not  want  of  knowledge  how  to 
make  an  enquiry,  that  made  his  lordship  neg- 
lect it.  It  was  because  he  never  once  con- 
cerned himself,  whether  they  had  substance  or 
not.  The  sum  he  himself  was  to  receive,  was 
bis  only  consideration,  and  therefore  his  only 
care;  for  as  Mr.  Bennet  has  expressly  de- 
clared, he  never  once  asked  him,  either  beiore  or 
after  his  admisiioo,  any  one  question  in  order 
to  be  informed  of  his  private  circumstances. 

And  yet,  my  lords,  these  are  the  men  whom 
his  lordship,  as  Mr.  Waller  has  particularly 
•worn,  thought  fit  in  open  Court,  and  while  he 
was  sitting  in  the  sacred  seat  of  truth  and  jus- 
tice, to  declare  men  of  as  great  fortune,  aoili- 
ties  and  skill,  as  had  ever  sat  in  that  Court.  I 
much  more  readily  concur  in  the  truth  of  the 
other  part  of  his  lordship's  declaration,  and 
proved  by  the  same  witness,  that  he  had  great 
satisfaction  in  the  having  admitted  most  of  the 
Masters  himself.  The  reason  Mr.  Waller  gave, 
in  answer  to  some  quibbling  questions  of  his 
lordship's,  for  his  particularly  remembering 
this  remarkable  speech,  is  clear  and  convincing 
to  every  man ;  that  the  astonishment  he  was 
•truck  with  at  the  hearing  made  him  to  re- 
member it.  And  happy  would  it  be  fur  his 
lordHbip,  was  it  possible  ever  to  be  forgotten ! 

But  what  could  make  the  earl  ot  Maccles- 
field break  out  into  this  panegyric  ?  A  reason 
so  mean,  and  at  the  same  time  so  gross,  that  I 
almost  wonder  eveu  his  lordship  would  venture 
to  act  upon  it  in  public.  A  day  or  two  before 
this  happened,  a  Master  died,  and  a  new  pur- 
chaser was  to  he  invited. 

i  have  just  now  mentioned  the  satisfaction 
bis  lordship  had  in  the  sale  of  these  offices. 
The  effect  of  which  was,  that  the  Earl  con- 
nived at  and  permitted  the  unjust  method  that 
was  practised,  for  the  purchasing  Masters  to 
pay  the  price  of  their  offices  out  of  the  money 
belonging  to  the  suitors  of  the  Court.  This 
practice  the  Commons  charge  to  have  beeu  no< 
torious,  and  the  evidence  produced  to  your 
lordships  proves  that  it  was  so.  Godfrey,  Con- 
way, Kynaston,  and  Bennet  swore,  that  this 
circumstance  induced  them  to  become  pur- 
chasers ;  and  indee<l  as  to  them,  the  fact  proves 
itself,  even  though  they  had  not  sworn  it  to  be 
•0.  For  they  have  both  owned,  they  were  not 
Kbit  to  bay  without  it  s  nay,  they  were  so  low 


himself,  was  out  or  the  suitors^  mnne^'.  And 
thus  far  tlie  earl  of  Macclesfield  liimself  ha«t 
owned  in  his  Answer.  But  alas !  that  would 
prove  nothing,  if  it  was  not  accompanied  with 
a  fact,  tliat  cannot  be  disbelieved  ;  my  lonls, 
he  has  repaid  the  money  ? 

Afler  this,  f  thuik,  I  need  not  repeat  the  en- 
dencc  so  minutely  as  to  explain  the  particuUr 
method  in  which  this  fraud  was  transacted: 
the  whole  seems  obviously  calculated  tor  oo 
other  end  or  purpose,  than  to  induce  persons  of 
small  abilities  to  become  purchasers,  by  laoili- 
tating  and  making  easy  the  method  of  pay- 
ment. And  indeed  it  was  so  easy,  that  I  woo- 
der  his  lordship  did  not  meet  with  persow, 
who  would  agree  to  give  one  half  of  the  mosey 
for  an  opportunity  of  running  away  with  IM 
other ;  and  if  they  bail,  1  do  not  see  but  bii 
lordship's  defence  would  hare  beeu  just  ii 
good  as  it  is  now.  Such  a  price  might  with  ii 
much  reason  be  called  a  perquisite,  as  his  ess- 
descending  to  take  but  5  or  6,000  guinct^ 
when  no  one  would  give  more.  It  is  true  my 
lord  Macclesfield  does  in  his  Answer  say,  iki 
he  was  ignorant  of  this  practice.  But  1  ap- 
prehend his  lordship  to  be  as  much  mistakea 
m  this,  as  he  has  been  ip  otiier  particulars :  for, 
my  lords,  it  appears  by  Mr.  Bennet*s  evidesee, 
that  he  not  only  knew  of  this  practice,  but  ca- 
deavoured  to  conceal  it. 

It  happened,  that  when  this  Mr.  Bennet  de- 
livered his  accounts  to  the  privy  couocil,  he 
concluded  with  a  very  remarkable  article; 
"  Item,  in  the  hands  of  persons  of  abiUtv  tad 
honour,  9,075/."  My  lord  MacclesfieKl,  at 
sight  of  this  particular,  asks  him  the  reason  U 
it ;  Air.  Bennet  explains  it,  That  as  to  1,575/.  he 
meant  his  lordship,  and  as  to  the  residue,  Mr. 
Uiccocks,  of  whom  he  bought,  had  detained  so 
much  of  the  suitors'  money  in  his  hands,  hy 
way  of  payment  for  his  place,  and  at  the  saoie 
time  he  comfilained  to  his  lordship  of  the  hard- 
ship with  which  he  had  beeu  used.  The  coo- 
sideration  that  induced  him  to  give  so  large  a 
price,  was  his  being  immediately  to  receive  a 
very  large  cash ;  and  yet  the  first  time  he 
waited  on  Mr.  Hiccocks  for  that  purpose,  he 
could  get  hut  1,500/.  and  that  u|>on  the  hard 
terms  of  giving  a  receipt  for  9,000/.  Durio; 
this  conversation,  Bennet  swears  the  Earl  aid, 
with  some  concern,  *'  That  his  accounts  weit 
made  up  the  worst  way  in  the  world,  for  every 
body  would  now  judge,  that  what  he  paid  m 
his  office  came  out  of  the  suitora'  money,  and 
that  what  had  been  so  much  suspected  uoold 
be  now  discovered,  and  what  he  himself  had 
taken  so  much  pains  to  deny,  whenever  he  ma 
asked  the  question."  Af\er  this  his  lordship  sad 
Bennet  enter  into  a  serious  consuhation,  ho« 
to  make  up  this  affair.  The  Chancellor  bids 
him  go  to  :>Ir.  Hiccocks,  to  try  what  he  woaU 
do.  But  it  seems  he  could  not  be  brought  la 
do  more,  than  to  lend  '^,000/.  which  tteosal 
absolutely  refused,  and  insisted  upon  its  hmi 
given  him,  or  not  at  all.  He  reported  this  is 
the  Earl,  who  displeased  al  it,  wnA,  HkcifH 
9 


I0C9J 


for  High  Crimes  and  Mhdtineanors. 


should  pay  2,000/.  nml  th&t  he  tiitnielf  would 
repay  Ihe  1,575/«  but  it  MiouU  be  in  sudi  a 
tuanner,  a^  thai  Lteiitiet  should  not  knoMr  tii 
what  mnnner  tt  liOBildDc.  Bloi^t  iirofouiitl  po- 
litics ibis  !  Bf'nnet  urtcrwnrijB  tidil  your  \^n\- 
sUips  (but  \ie  lotiiid  the  Ear)  iDtendt-il  to  trick 
hijiii»iit  of  this  rnorify  ;  Tor  several  tifiies  nnd 
pluees  Mere  appointeil  ffir  iiaynipnt*  without 
aiiT  effV'Ct.  And  I  ti  ere  fore  the  uccnuntB  were 
defivcred  in,  und  the  <.lory  I'lioif  s  uiit.  Your 
Jorifships  ctriaitdy  observe*!,  ibat  my  \m\\ 
Macctesfiel"!  uas  very  fjiuch  fifTtndeil  with 
JWr,  Betiuel*s  evidence,  and  therefore  tciok  cai-e 
to  cross  examine  him  most  accuralelv*  But 
that  fatality  which  cauatamty  attend*  i;init» 
"was  so  FtTODg'  upon  him,  that  I  he  aiisv^ers 
g^iven  hy  this  ami  aln»n»;t  every  otlier  wiiiics^i 
to  the  queslieMia  jiro posed  by  ihe  Earl,  and  his 
counsel,  evidently,  as  I  ap]irelien«(,  destroy  his 
own  Answer,  and  coofirri>niu*aceusaii'>n,  But, 
my  lords,  it  is  nut  only  Uit»  answers  of  the  wit- 
oessea,  hut  even  his  hirrtship's  own  questions 
that  aflbril  pvideuce  aj^j^aiosi  hina.  For  to  what 
part  of  the  Chartfe  am  I  now  speakiotf?  Why 
to  that,  wherein  he  is  accused  of  knowing-  and 
endeavouring^  to  conceal  the  practice  of  payin^r 
the  purchase  out  of  the  suitors'  money.  AuJ 
what  does  his  lordship  a^k  1  Did  not  yon  at 
this  meeiinjf  tell  me,  that  if  H  iccocks  would 
pay  ^,0OQ/,  you  iben  would  make  up  the  rest 
yourself?  By  iiis  lordKhip's  own  confessfon, 
therefore,  Bt^nnet  was  with  the  Earl  npon  this 
occaiiion  ;  they  did  talk  upon  tlie  subject,  Ben- 
net  has  in  termed  your  lordships.  Uiccocks 
retaining  the  suitors'  luoney  waj*  part  of  the 
eon  vei-sation.  Else  \\  \\y  should  he  pay  2,000/.  ? 
Hi^  lordship  did  concert  how  tu  irtake  up  this 
alliiir,  and  consequently  how  to  conceal  the 
II*  hole-  To  this  qucistion  of  the  noble  lord's, 
Bcunet  answcre  consistently  with  *ihat  he  had 
said  heforc,  Tfial  he  di«1  not  say,  if  Mr.  Hie- 
cockj*  would  pay  U,000/.  that  then  he  wouhl 
ttanri  the  res!.  And  the  reason  he  gives  is 
prtotl,  he  wag  ni»t  worth  the  money.  Your 
(ordHhips  remember  the  other  part  of  the  dia- 
logue. I  $iball  only  add,  that  the  Earl  being* 
an^'^ry  at  this  evidence,  asks  Mr.  Ben  net,  And 
bow  could  you  as  an  honest  man,  offer  to  buy 
~.  place,  wfien  you  were  not  worth  the  pur- 

lltise  money  ?    I   submit  to   your  lord^liips, 
lliether  it  was  not  as  honest  for  him  to  buy 

iihout  Qioney,  as  for  his  lordship  to  sell  with- 

at  ri^ht. 
1  have  now  stated  to  your  lordships  the  fact* 

E  to  this  scandaloufi  practice.     And  I  think  it 
I  nev^T  be  thoui«lit  rea^^onahle  to  suppose  the 

|rl  of  Macclestield    only   ignorant  of  what 
ery  one  else  knew  :   or  that  he  diil  not  know 

f  what  he  endenvoured  to  tonceaL     And  if  it 

i  certainly  true,   tluit  the  oflice  of  Chancellor 

an  office  ot  the  hi^sfhest  trust,  it  is  as  trite, 

at  every   wiMol  netjlet't  of  what  is  necessary 

be  done,  iu  order  to  discharije  that  trust,  fs 

jmtnith     It  cannot  tie  doubted,  but  that  this 
Aclice  was  unjust  and  frnudidenl  tipon  the 

itilors  of  the  Court.     It  cannot  be  doubled,  hut 
at  thf  carJ  of  Macclesfield  koew  q^  this  prac- 


A.D,  1725.  [1070 

tice.  It  cannot  be  douhtfMl,  but  that  the  Chan. 
cellor  was  the  |iroper  person^  hecauie,  in  lact, 
be  was  the  only  j>erson»  who  couhl,  rjofficio, 
either;  remedy  or  prevent  this  abuse.  What 
oiitjht  to  be  the  consequence  of  these  pre- 
misses^  the  world  will  learn  by  your  lurdshipa* 
judgment, 

Hitheito,  my  lords^  avarice^  uncorruptcd 
avarice  I  has  been  the  only  principle  of  thiv 
Earl.  In  what  follows,  vour  lardhhips  will 
perceive  apinehensiou  and  fearheg-in  to  mintjle 
i  0  a  I )  h  i  s  act  ions ;  an  d  for  this  reason  the  ba  n  k  * 
ruptcy  of  Dormer  was  to  be  concealed,  that 
the  clamours  of  the  world  mlj^ht  be  hushed«  It 
has  appeared  in  proof  to  your  lorlships^  thai 
upon  Dormer's  abscotid^n^,  the  deftriency  in 
hrs  oiHce  amounted  to  n|>ward!s  of  52,000 /.  for 
the  account  upon  the  table,  wiik  h  reduces  Ihe 
hnlanceto  49,000/,  was  made  up  lonj(  afier  llie 
Master!!  had  been  oldij^cd  to  contribute  their 
500/,  each. — When  Dormer  run  away,  it  is  na- 
tural to  imagine^  that  even  this  Chancellor 
shoidd  have  turned  bis  thoug^lits  to  the  security 
of  the  snitf»rs  :  not  because  »t  wan  Ins  duty  aa 
to  do,  hut  as  Mr.  Diirmer  was  a  Master  whom 
he  had  not  had  the  satisfaetion  to  admit 
himself,  he  mi£<^ht  vvith  the  more  security  have 
g-iven  himself  the  >how,  at  least,  of  acting  vi- 
gorously in  relation  to  his  affairs.  By  the  evi- 
dence that  has  been  p^iven,  U  ap[)ears  his  lord- 
ship^s  behaviour  waia  quite  thereieri^e  ;  my  lord 
Maccles5eld,  instead  of  bein^  solicitous  tor  the 
*fOod  of  the  suitors,  was  apprehensive  only  of 
the  loss  that  mi^ht  happen  to  hiuisell,  by  smk- 
ing  the  price  of  places,  and  thereby  defeating^ 
that  gainful  trade  he  carried  on  in  the  sale  of 
them.  But  this  thought  was  attended  with 
another  consideration,  that  this  open  acknovr- 
ledi^ment  of  the  bankruptcy  of  oite  Master 
mi;i  bt  induce  the  world  to  suspect  the  abilities 
of  the  rest,  and  us  be  best  knew  v«^hat  care,  vi  hat 
circumspection  he  had  used  njion  iheir  admis- 
sion, so  he  was  determined  tn  prevent  an  in- 
cident of  that  kind.  With  these  vieus,  there- 
fore, every  step  that  was  taken  was  mysterious^ 
and  the  detjciency  itseN  with  the  utmost  euutioo 
kept  secret ;  so  secret,  that  at  lai^t  s'une  of  ttie 
Musters  themselves,  hisovtn  Masters,  lor  that 
very  reason,  refused  to  eontnbute  any  tariher  to- 
wards it.  It  is  a  botloiuU'Ss  pit,  says  one ;  \\€ 
know  not  what  it  is,  says  another. 

The  first  step  the  bar!  look  was  to  direct 
Mr.  Rogers  and  Mr.  Hiceocks  to  carry  on  a 
private  negociation  with  liormei  for  hts  return 
mto  England,  assuring  him,  tn  ht;*  lortLhip*t 
name,  that  his  pernio n  slit>uld  not  be  contined^ 
provided  he  made  an  assignment  and  discovery 
of  his  estate  anil  i  flvcts.  Ut>on  this  Dormer  re- 
lurnb,  and  executes  an  ai^iji^nment ;  but  I  do  not 
fii^d  he  was  ever  examined  upon  interrogatories, 
or  that  any  of  his  creditors  ailende^lf  in  order 
to  enquire  into  the  truth  of  his  discovery. 
Your  lordiihips  observe,  that  ttie  promise  of 
liberty  was  conditional ;  hut  Dormer,  and  the 
EnrI,  though  lor  very  different  reasons,  were 
equally  afraid  of  this  coaimittt\eia\%  ?«v\^«?t<t* 


4 


4 

I 
4 


M75] .  10  GEORGE  I.  Trial  of  the  Earl  ofMacdesfidd^ 


[1076 


nHmey,  the  Earl  was  not  discouraged,  but  de- 
pended upon  it  that  oome  tiine  or  other  (as  he 
told  Mr.  Edwards)  he  should  be  able  to  fbree 
Mr.  Ligfalbounto  compiv  ;  and  therefore,  as  he 
thought,  they  had  by  this  means  contri?ed  a 
i'uod  to  answer  any  demands  upon  Mr.  Dor- 
mer's office,  he  went  on,  just  as  if  there  had 
been  no  deficiency  at  all.  Bv  the  orders  that 
^a?e  been  read  to  your  lordahips,  and  by  the 
evidence  of  Mr.  Edwards,  who  paid  the  money, 
it  appears  that  he  made  several  orders  for  the 
payment  of  money,  without  any  regard  to  that 
due  pro|H>rtion  all  the  suitors  of  the  Court  were 
entitled  unto.  His  lordship  in  his  Answer  says, 
it  was  not  incumbent  upon  him,  ex  officio^  to  de- 
clare an  average.  If  it  was  not  his  duty,  my 
lonis,  for  God's  sake,  whose  duty  was  it? 
This  is  too  gross  to  be  a  sin  of  ignorance.  A 
barrister  of  but  a  term's  standing  knows,  nay, 
it  is  obvious  to  the  lowest  capacity,  that  where 
•everal  persons  have  demands  out  of  one  com- 
Bum  fund,  and  that  fund  proves  to  be  defective, 
all  ought  to  be  upon  the  same  foot,  and  be  paid 
in  an  equal  proportion.  Mr.  Lij^htboun,  Mr. 
Edwards,  both  represented  to  bun  the  hard- 
ship of  one  creditor's  receiving  his  whole  de- 
mand, and  another  creditor,  who  had  equal 
right,  losinflT  his  whole  debt.  The  reason, 
therefore,  ot  this  otherwise  absurd  proceeding 
could  only  be,  that  the  declaration  of  an  avenue 
would  publish  that  deficiency  to  the  world, 
which  he  had  used  so  many  stratagems  to 
conceal. 

1  cannot  conclude  this  part  of  the  evidence^ 
which  relates  to  that  criminal  design  the  Earl 
carried  on  of  concealinc^  this  deficiency,  and  of 
deceiving  the  suitors  ot  the  Court,  without  re- 
minding your  lordships  of  one  otlier  instance 
of  this  noLic  Earl's  great  regard  for  truth  and 
veracity.  Mr.  Atwood,  who  was  the  solicitor 
in  the  cause  of  Harper  and  Case,  in  which  the 
deficiency  of  Dormer  being  mentioned,  the 
Earl  took  occasion  to  declare,  That  indeed  he 
had  heard  of  the  deficiency,  but  nothing  of  it 
had  ever  come  judicially  licfore  him  ;  and  that 
he  kuew  nothing  of  it  but  as  public  news. 
This,  my  lords,  was  aAer  he  had  paid  1,000/. 
towards  it  himself.  Af\er  what  1  have  said,  1 
•halt  not  attempt  to  aggravate  this  prostitution 
of  the  Bcxt  of  justice.  Biit  this  did  not  satisfy 
his  lordship  :  That  his  dissimulation  might  for 
ever  remain  upon  record,  he  thought  fit  to  pro- 
nouuce  an  order,  that  is  now  upon  your  lord- 
ships' table,  and  dated  no  Uxifler  ago  than  in 
December  last;  in  which  he  directs  the 
Masters  to  enquire,  whether  there  was  any  de- 
ficiency in  Dormer's  office ;  and  whether  the 
go'itors  were  likely  to  lose  any  part  of  their 
money,  or  not. 

Your  lordshins  know  the  contract  that  was 
made  between  the  Chancdlur  and  the  Masters : 
I  therefore  shall  not  waste  your  time  in  men- 
Honing  evidence  to  prove,  tliat  they,  who  gave 
inch  vast  prices  tor  the  custody  of  the  money, 
did  not  neglect  tlie  opportunity  of  employing 
it  lor  their  own  use.  The  proof  is  but  too 
VfiiUis  They  who  trench,  coofiM  it;  and 


they  who  are  poor,  dare  not  deny  it:  It  was 
the*  necessary  consequence  of  hit  lordship's 
extortion ;  and  that  put  it  out  of  hit  power  to 
take  those  measures  that  were  necwanr  to 
prevent  that  practice.  The  mistbrUHMt  of  Ibt 
8outh  Sea  year  were  so  univeiialy  that  lurdj 
any  man  of  even  common  tense  would  btft 
been  upon  his  guard :  My  lord  MtccMirU 
knew,  that  these  Masters  gamed  with  the  sniiw 
money  themselves,  or  for  tn  extravagant  iih 
terest  lent  it  to  those  who  did;  He  knew  tU 
this  was  the  occasion  of  Dormer't  defideoCTC 
He  knew  that  the  other  Mtatera  had  it  riiU  ^ 
tlieir  power  to  do  the  same  ;  therefore  he  ptt* 
mitted  it:  He  took  no  measoret  to  prevaMitt 
therefore  he  encouraged  it. 

But  what  could  engage  thit  Earl  (whoaa  i# 
derstanding  is  no  wise  ij^ueationed),  after  is  1^ 
tal  a  year,  thus  to  risk  his  own  chaFacttr ;  mi 
what  perhaps  he  values  more,  his  owtfi^ 
tunes  not  only  upon  the  understanding,  the* 
tttprity,  hut  even  the  good  fortune  of  t  pMod 
or  men,  whom  he  had  thus  picked  up,  wthirt 
either  enquiry  or  care  f  My  lords,  as  the  fc» 
rower  is  to  the  lender,  so  a  corrnpt  Chatedt 
is  the  servant  of  his  confederate  offioen.  Ii 
durst  not  put  a  stop  to  their  practicea  (thMfb 
his  own  estate  was  embarked  with  tbent),  W 
resentment  and  revenge  should  make  theoi  ii 
cover  the  infamous  secrets,  with  which  Ikif 
were  entrusted.  How  durst  he  demand  wwi 
rity  firum  those  whom  he  admitted,  loMriif 
they  were  able  to  give  none  ?  Surely,  ny  Mji 
no  reason  but  sudi  as  1  have  now 


,_„.jgive .  --      - 

a  strict  account,  as  to  their  cash  and  secoim^ 
after  he  had  been  informed  by  Mr.  lagbtfaa^ 
that  some  even  of  the  Masters  were  to  be  M» 
pected.  ButMr.  Lightboun  this  day  watt  ft^ 
ther ;  he  represented  the  danger  of  tnM^ 
men  with  such  vast  sums :  That  this  credit  m 
been  the  occasion  of  all  thekMsea  in  the  Cssi^ 
and  therefore  propoaed  a  scheme  of  wcanA 
to  prevent  any  losses  for  the  future.  Tm 
Chancellor  did  not  absolutely  ri^ect  this  pi^ 
posal ;  that  was  too  gross  even  for  himsdT: 
He  therefore  desires  BIr.  Liglitboun  topsti 
in  writing  :  It  is  done ;  and  his  lordship  wt$ 
carefully  kept  it  by  him  for  two  years,  witM 
taking  any  notice  of  it.  But,  my  hmls,thif 
is  one  circumstance  in  this  neglect,  thit  ii 
equity  (and  surely  a  Chancellor  will  oat  ^ 
cline  to  be  tried  by  that  rule)  makes  his  ln^ 
ship  answerable  for  a  very  large  sum  it  ttf 
case  only,  without  entering  into  any  thenh* 
consequences  of  his  crime.  Mr.  KynsrtM^ 
your  lordships  remember,  was  proved  to  l«  i^ 
ficieot  in  the  sum  of  S6,000  odd  hwoiki 
pounds ;  and  yet,  my  lords,  this  very  Kyai^ 
did,  in  the  year  1783,  propose  to  bia  loimipV 
give  land,  or  other  security,  for  the  fffB^i 
with  which  lie  was  entmtteiC  IknowhiilH^ 
ship  will  object  what  thit  _ 
fore  twom,  it  rehuion  It  hiaoini 
Btttwhtt  isittotht 


iMiliik 


1077] 


far  High  Crimes  and  MUdemeanon. 


A.  D.  1725. 


[1078 


pr<»vii)ed  \l  le  plalged  for  their  safety  ?  What 
Answer,  my  lords,  must  we  give  to  our  fel- 
lotv  subjecls^  tbose  unhafipv  people,  who  are 
tttidooe,  I  will  tiot  say  by  KynastQn'i  und  (he 
<ltbcr  Masters*  deficit^ncyt  but  his  lordship^s 
own  wilful  necjlect?  |  will  not  lake  uij  any 
more  of  >'our  (ordships*  liine  upon  this  head. 
In  what  I  have  already  meiitlotied,  it  is  proved, 
nolwillistandiii;,'  what  the  Ertrl  in  his  Answer 
Mys  to  the  contrary,  that  be  knew  the  Masters 
ooDverted  the  money  of  the  suitors  to  their 
own  use.  And  he  himself  owns,  that  he  did 
not  insist  upon  any  security  from  them,  lu  a 
Ute  order  of  his  own  making,  he  has  recited  it 
not  to  be  usual  in  the  Court  of  Chancery  for 
the  Bios  ten  to  giye  security  ;  and  thsrefore  in 
Ills  Answer  covers  himself  under  the  practice 
of  his  predecessors.  My  lords,  the  reasonable* 
Hess  and  necessity  of  security  depends  upon 
the  ^rf^atne^  of  the  trust  committed,  and  the 

3ualities  of  the  persons  entrusted.  In  Dr*  Ed- 
isbury^s  case,  though  there  »vbs  a  stop,  yet 
Ijierc  wus  no  loss,  for  his  estate  proved  sufH- 
cient  to  answer  all  demands.  And  therefore 
his  lord^ihip^B  arg'umcnt,  in  my  apprehensioop 
•mounts  to  thiSf  That  because  his  predecessors 
did  not  insist  upon  security  from  persons  who 
wanted  none,  tlierefore  he  might  justly  entrust 
tiiose  who  were  able  to  give  none. 

My  lord,  I  ana  come  to  the  last  beail  of  onr 
Charj^^e,  and  your  lordships  will  now  see  the 
earl  of  Macclesfield  ahandoned  to  all  his  fears  ! 
Bven  avarice  forsakes  him  1  The  dread  of  a 
|Mirhamentary  euqniry  sits  heavy  on  bis  mind  ; 
sod  I  firmly  believe,  be  now  repents  his  having 
i1l«£|[ally  taken  this  money,  because  he  parts 
with  it  to  prevent,  if  poss^Lile,  that  punishment 
be  most  justly  deserves  Ibr  having:  receiveil  it. 
He  tittds  all  his  arts  in  vain  to  hinder  his  prac* 
tices  beingf  known  to  the  world  ;  and  therefore 
liis  whole  study  is  now  bent  how  to  ward  oif 
tbeir  conaint^  into  parliament. 

The  drst  instance  of  this  appears  in  the  case 
of  Mrs.  Chitty.  The  luct  is  thus :  an  order 
was  made  *<jr  the  payment  of  1,000/,  to  her, 
Mftnfa  sum  upwards  of  11^000/.  belonging'  to 
lier,  and  which  had  been  ps^d  into  the  hands  of 
Mr.  Dormer.  She,  it  seems,  assijjns  (his  order 
to  a  very  importunate  solicitor,  one  Mr.  Lock* 
man,  who,  as  he  bus  told  vour  lordships,  dili* 

fititly  pursuL'd  the  Chancellor  from  Londnn  to 
erfsin^ton,  from  Kensington  to  Westminster- 
Itall,  and  the  Court  of  Chancery  itself.  He  re- 
presented to  his  lordship  the  circurastances  he 
W«s  in ;  that  be  had  compounded  some  South- 
8m  contracts,  and  absolutely  wanted,  and  in- 
akted  upon  bis  money  to  complele  his  agree- 
ment, and  set  hiiiiseir  at  liberty.  Tli«  Chan- 
cellor, gndioir  himself  so  pressed,  was  at 
\tLKt  forced  to  promise  him,  that  he  would  take 
care  to  g^ct  the  money  (Vdid.  Upon  this  he 
aamtnon«  a  meetintf  of  the  Masters,  in  onler  to 
persuade  them  to  pay  the  nione)  by  a  contri- 
notion  of  M)l,  each;  and  in  the  mean  while  it 
bad  been  ifi^tu  out  amontf  them,  that  mich  a 
CMVnfribulion  ivas  expected,  Coitio^^ham  him- 
ieir,  ai  Mr.  Lightbuua  says,  t^kl  it  to  hitn^  and 


at  the  same  time  made  a  fresh  demand  of  the 
old  sum  of  500/.  and  asked  him  M^hat  answer 
he  would  send  to  the  Chancellor?  Li!^btl>oun 
prudently  replies,  he  would  deliver  his  answer 
himself;  and  in  the  mean  while  he  applies  to 
I  he  other  Masters,  tells  iheni  the  ill  conse- 
nuencei  of  what  they  had  done,  and  works 
tnem  all  up  to  a  resolution  not  to  comply  with 
this  fresh  demand.  He  desires  them  not  to  ^ive 
the  Chancellor  false  hopes,  but  to  speak  their 
mind  freely.  And  thus  prepared,  they  all  re- 
pair to  his  lordship's  house.  1  need  not  upon 
this  occasion  repeat  the  namesof  the  witnesses, 
for  all  the  Mailers  present  concur  in  giving  the 
same  testimony.  His  lordship  be^an  the  con- 
ference with  asking^  Mr,  LightbooD,  in  a  ver^ 
an^y  tone  and  manner,  why  be  did  not  pay  His 
500/.  ?  Who  replied,  he  had  often  told  bis  lord, 
ship  the  reason,  and  that  he  neither  could  nor 
would  pay,  and  was  confirmed  in  his  resolution, 
by  his  baring-  since  heard  all,  or  most  of  hta 
brethren  repent  of  their  compliance.  The 
Karl,  without  regarding  Lighlboun*s  reason, 
proposed  the  necessities  of  the  Court  to  the 
other  Masters,  in  relation  to  Wm  1,000/.  The 
Masters  not  seemini;  willing  to  comply,  he  used 
many  argfumenls  to  persuade  them  to  it ;  he 
desires  them  to  consider  the  consequences  ;  the 
occasion  presses,  and  clamours  grow  strong; 
and  if  this  affair  was  not  taken  care  of,  Dormer '• 
deficiency  must  break  Out ;  and  therefore  what 
he  projiosed  was  the  only  way  to  prevent  a  par- 
liamentary enquiry.  Upon  this  Lightboun  in« 
terposed,  and  said.  If  it  was  so^  he  could  not  help 
it:  that  be  bad  rather  lose  the  keeping  of 
the  money  and  securities,  than  hold  it  upon 
those  terms.  The  Chancellor  replied,  Btit  that 
is  not  the  worst:  suppose  the  House  of  Com- 
mons should  in  a  commirtec  ot  justice  resolve* 
that  your  offices  relate  to  the  administration  of 
justice;  that  the  buying  them  is  contrary  to 
thestatuteof  Edivard  6,  and  therefore  forfeited. 
Consider  (says  he)  thoM«rh  it  may  affect  me, 
as  to  the  disposal  of  these  places  for  the  future, 
yet  it  will  affect  you  much  more  in  the  loss  of 
your  places;  and  therefore,  u  [Mm  the  whole, 
desired  them  to  agree  to  the  contribution.  My 
lords,  the  flr-^sters  were  proof  against  his  lord- 
sbip's  el<K]uence,  and  seriatim  refused  ta 
comply,  Upon  which  the  Earl  was  struck, 
and  with  a  vast  concern  said,  Tlien  I  will  pay 
It  myself.  What  guilt,  what  fear  must  this 
noble  Earl  be  sensible  of,  thus  to  part  with  that 
money  he  had  so  sacrificetl  his  honour  to  ^e\ ! 
In  this  manner  the  Earl  parted  with  his  Maa- 
tprs,  and  Lockman  returns  ai^ain  to  tha 
charge;  and  at  last  meeting  the  Chanrelfor  iu 
the  room  behind  the  Chancery  Court^  he  i^ot  a 
promijic  frflm  him.  that  Mr.  Cuttint^ham  should 
pay  the  1,000/.  But  at  the  isame  time  his  lord- 
ship (I  suppose  to  t;et  rid  of  so  troublesome  a 
suitor)  advised  him  not  to  engage  with  the 
i%idow  Chitty  ;  for  if  her  money  in  the  Couit 
of  Chancery  was  alt  her  fortune'  that  sum  waa 
all  she  was  like  to  have.  S^ion  after  this,  Col- 
ttngbam  paid  the  money.  But  it  seems  ba 
fergot  to  desire  Lockmaa  tn  keep  llxa  icoi«l| 


I079J 


10  GEORGE  L 


Trial  nfthe  Earl  ijfMacdesfidd^ 


[1080 


■0  be  told  it  about  so  inuoh»  tbat  CottiDgfbam 
meetiof;'  him  rebuked  bim  for  it,  saviDf^f,  Can't 
you  tare  well,  but  you  must  cry  Koast-meat? 
Your  lordfibips  undoubtedly  remember,  tbat 
tbe  £arl  endea?oured  to  sbew,  by  crosa-exa- 
miniiiif,  that  he  had  generously  f^ren  tliis 
1.000/.  to  Mr.  Lockman,  out  of  mere  charity 
And  comiMisaion  to  his  miserable  circumsianRes. 
Lockuiaii  replied  very  reasonably,  that  his  cir- 
cumstances were  not  so  low  as  to  want  his  cha- 
rity ;  for  he  m\y^^X  have  discounted  the  order ; 
and  he  did  not  think  it  a  fa?our  tbat  he  was  paid 
bis  own. 

The  evidence  I  have  now  last  mentioned  to 
your  iortlships,  even  without  the  assistance  of 
other  proof,  almost  maintains  the  whole  Charge. 
By  tlie  testimony  of  a  cloud  of  witnesses  his 
lordship  here  confesses  the  sale  of  offices,  and 
owns  that  sale  to  be  illegal :  be  acknowledges 
bis  being  acquainted  with  Dormer's  deficiency ; 
and  at  the  same  time  endeavours  to  conceal  it : 
Ue  in  a  manner  confesses  his  own  guilt,  pro- 
nounces sentence  upon  himself,  and  therefore 
proposes  methods  to  prevent  a  parliamentary 
enquiry. 

but,  my  lords,  there  is  still  more  behind : 
tliere  is  not  only  a  connection  among  the  Ar- 
ticles, but  the  crimes  charged  in  them  rise 
upon  each  other.  Hitherto  bis  deceit  has 
extended  only  to  the  subject,  but  now  he  at- 
tempts the  throne  itself.  His  majesty  gra- 
,€iously  directed  an  enquiry  to  be  made  iuto  the 
disorders  of  the  Court  of  Chancery.  His  lord- 
ship knew  that  this  dutiful  House  of  Commons 
would  not  interpose  in  the  affair,  till  his  ma- 
j/esty's  commands  were  obeyed,  and  ibereforo 
he  now  summons  all  his  arts  and  skill  to  ward 
tlie  blow,  and  deceive  his  majesty  into  a  belief, 
that  the  world  had  taken  a  false  alarm ;  and 
that  the  circumstances  of  the  Masters  are  much 
bnierthan  they  were  represented  to  be:  that 
they  were  able'  to  answer  all  demands ;  and 
that  consequcnlly  the  suitors  of  the  Court 
were  not  in  any  dfanger.  His  agents  are  sent 
among  the  Masters,  to  encourage  them  to  stand 
by  each  other ;  that  they  should  make  a  bold 
stand,  and  defeat  the  designs  of  their  enemies. 
He  himsi'lf  becomes  their  counsellpr,  and  ad- 
vises, and  (without  enquiry  or  record  to  either 
truth  or  justice)  he  persuades  them  to  make 
such  a  subscription  to  their  accounts,  as  might 
mislead  the  council  in  any  report  they  should 
make  to  bis  majesty. 

All  his  thoughts,  counsels,  and  measures  are 
now  swift  and  precipitate.  Your  lordships 
have  heard  evidence  of  the  several  discoui-ses 
of  Cuttingham  and  Dixon  ;  the  meeting  of  the 
Masters  at  Mr.  Edwards's,  and  the  last  con- 
ferei  ce  with  the  Cliancellor  himself ;  all  with- 
in two  or  three  days  of  each  other,  and  all 
tending  to  the  same  end  of  deceiving  the  king, 
and  preventing  the  parliament.  BIy  lords,  all 
the  Masters  concur  mthe  meeting  at  the  Chan- 
cellor's bouse:  when,  it  aeems,  his  lordship, 
upon  considering  their  atveral  accounts,  de* 
dared  his  approbation  of  Mr.  HoUbrd's  aob- 
MB-iption ;  and  wltboat  any  tbe  kut  aiqiurj 


into  their  abilities  and  cu'canistaiioef,  be  id« 
vised  them  all  to  make  the  same  subtcripuon  aa. 
Mr.  Holford  had  done. 

Yourlordshi|»s  have  likewise  heard  it  proved^ 
that  the  Masters,  in  order  to  make  a  shew,  were 
advised  to  assist  and  stand  by  each  other.  Ben* 
net  and  Conway  are  both  inatanoea  of  this 
counsel's  being  put  in  practice ;  and— But  why 
should  I  abuse  your  lordships'  patience  with  par- 
ticularly recapitulating  the  evidence  tbat  hu 
been  this  day  given  ?  1  observed  the  attentiM 
with  which  it  was  heard,  and  any  thing  I  cm 
say,  will  only  weaken  that  impression  it  omhI 
naturally  have  left  on  your  lordships'  mind.  I 
shall  therefore  conclude  the  whole  with  aa  •!• 
servation  from  the  |)arlinment  roll  of  Henry  i» 
<(  Complaints  and  subsidies  belong  to  tbe  Oi» 
mons, judgments bek»ng  to  the  Lords, and  redrai 
is  the  glory  of  the  crowu." 

My  lords,  the  Commons  have  now  discbaifrf 
their  duty  ;  they  have  declarL'd  their  grievaaeOi 
explained  the  crimes,  and  produced  the  ofEnMhr. 
They  are  assured  the  king  will,  of  his  fatbciiy 
goodness,  grant  a  just  redress,  and  apply  t 
proper  remei'y  ;  and  they  doubt  not  but  jsv 
lordships  will  pronounce  a  righteous  judgnol. 

Then  the  House  adjourned  to  Wodnaiiy 
next,  at  ten  of  the  clock  in  the  forenooo. 


The  Fifth  Day. 

Wednesday,  May  12. 

The  lA)rdK  beinif  seated  in  their  House,  tk 
scijeaiit  at  arms  made  proclamation  for  sileocCi 
as  also  another  proclamation,  That  all  peism 
concerneil  were  to  take  notice,  that  Tb<MMi 
earl  of  Macclettficld  now  stood  upon  his  triili 
and  they  might  come  forth,  in  order  to  makt 
good  the  Charge. 

L.  C.  J.  Kini:.  Centlemen,  You  that  ir« 
rounsel  for  the  carl  of  .Macclesfield,  may  not 
proceed. 

Serj.  Prubi/n,  May  it  please  your  lordsbipi; 
1  have  the  honour  to  be  counsel  for  tbe  aaUi 
lord  within  your  bar,  the  earl  of  MacclesSeMi 
who  stands  impeached  for  High  Crimes  ui 
Misdenteanors  in  the  name  of  all  the  Coounoii 
of  Great  Britain. 

My  lords,  when  1  consider  tbe  importaacsif 
this  Charge,  in  respect  to  the  noble  Etfl  in- 
peached,  the  great  ex|)erience  and  wiseooodart 
of  tbe  several  gentlemen  of  the  House  of  Ci» 
mona,  who  are  entrusted  to  manage  tbe  prosect* 
tion,  and  the  great  variety  of  arguments  tb^ 
have  used  to  enforce  and  aggravate  tbcir 
Charge,  it  is  with  the  utmost  concern  that  i 
presume  to  appear  before  your  k>rdabipf  io  Wi 
defence;  not  but  that  I  am  well  asaurraef  lfc> 
truth  and  justice,  the  strength  and  fullacw  ^ 
the  defence  which  may  be  made  m  his  bchi|( 
hot  out  of  real  consciousness  of  my  own  iMki" 
lity  to  discbarge  so  great  a  IniaL 

XJoequal  to  it  I  should  have  been,  M  *i 
kngMttkne  ben  9dloira4  nciD] 


Jot  High  Crimes  and  Misdemeanors. 


A,  D.  1725, 


[1085 


but  1  sliall  uow  appear  nincli  If^ss  capable^  Imr- 
itilf  si>  very  riule,  so  few  da}  s'  notice  of  ynw 
lonlsbips'  pleasure  in  appmotiog'  me  for*Lh&t 
service. 

H  therefore  1  uHafl  li«  60  unhappy,  as  to  offer 
noy  ihi^isj  in  ihls  ^^ase  less  proper,  or  correct, 
iliun  Jiii^ht  olherwis«^  he.  ex\tecie*\  from  me^  I 
liope  t  shall  oblttinyoitr  tordiihips*  greater  in- 

Tlje  ofltnces,  which  are  charged  to  be  com- 
mitted by  the  noble  Karl  impeached,  are  con- 
tained ill  many  Articles,  no  i€ii»  ihan  twentv- 
anR  in  the  whole ;  but  I  lie  (^nllemett  of  the 
House  of  CummoDs  have  been  pleased  to  ware 
sevi^riil  ofihem,  and^  I  hope,  when  your  lord- 
ftbi[)s  have  heard  ns,  and  our  evidence^  you 
i*iil  be  pleased  to  arquit  biro  of  all  the  refit. 

Tbest!  Articles  have  bevn  conceived  with 
the  grcateiit  eautioOf  and  opened  with  the 
^reatefll  art,  heightened  wiih  every  cirrum- 
si^ance  that  may  incUice  resentmeot,  and  ur^^t^d 
against  the  noble  Earl  impeached  with  aparti- 
Gular  zea\^  well  hecomini;  the  sfreat  concern 
which  Ihone  i^^entlemen  always  shew  for  what 
they  apprebfiid  ttie  public  service,  and  the 
lailhfiil,  vitfuroiis  tfischarg:e  of  the  ^real  triiit 
reposed  in  tht- ni  hy  (he  Houie  of  Coiomoas, 

The  impeacbed  Earl  \b  pursued  back  from 
hh  late  resifrnatiou  of  the  biirh  otBce  of  Lord 
Cbaiicellor,  ihvoutjb  every  sla^je  of  public  hfe; 
and^  » ith  inqoisitne  eyeii,  they  have  also  viewed 
and  pryed  into  even  his  must  private  fransac- 
tionsj  so  aa  nut  even  the  least  indiscretion  has 
passed  unobsei  ved. 

8oii]e  actions^  Hbieh  in  themselves  are  truly 
Itinoceot,  and  are  declarcit  to  be  so  by  the  coa- 
atunt,  tiuiform  practice  of  all  the  threat  and  ho- 
nourable persons  that  have  g-one  before  him, 
are  here  represented  as  hiq'lily  culpable. 

Otliera  which,  we  bmiibly  apprehend,  are 
not  only  iiuioceoti  but  eiHnineudable  and  me- 
ritorious^ eveu  his  persooal  acts  of  charity  are 
iinputcd  to  liiiD  as  crimes. 

But  in  one  respect  I  must  begf  leave  to  con- 
g^ratiibitt'lhe  imptuched  Earl,  and  think  it  is  bis 
Ifreai  ftticity,  that  in  ttiis  so  publican  pxamina- 
tiun,  !io  strict  aud  rigid  a  scrutiny  into  hts  whole 
<30Qduct,  at  leaiit  ever  sio(5e  be  was  first  id- 
"Tanced  to  the  great  seal,  there  it  not  one  objec-* 
tiiin  made,  one  instance  g^iven  of  eorruptian, 
partiality,  or  oppression,  iu  his  own  personal 
administration  ofju<itice  ;  and  therefore,  I  hope, 
1  miy  well  conclude  (^ince  it  is  admitted  by 
tbo  prosecutors  themselves,)  that  he  has  de- 
nie<l  justice  to  no  man,  he  has  delayed  justice 
tu  no  man,  tie  has  sold  justice  to  no  man. 

The  [►riiicipal  objection  that  seems  to  be  re- 
lied on  by  rbe  learned  managers,  aud  the  only 
poe  »hich,  1  humbty  apprehend,  can  any  way 
idect  the  iinpt^acbed  Earl  in  the  present  case,  is, 
lilt  posaibly  he  may  have  been  too  easily  led 
Dlo  a  goiKl  Qpiniou  of  some  persons,  who,  iu 
l^a  eye  of  the  world  appeared  to  be  men  of 
substance,  and  fair  repulaliou,  persons 
yhat  were  rerommended  to  him  by  others  of 
'  undoubted  hooour  aud  credit ;  that  ho  has  ad- 
^ittfd  these  persoas  into  o^cet  of  great  trust 
i 


and  prolit  under  him  ;  and  they  bare  mllenglh 
Ijcen  louud  not  to  have  deserved^ihe  gfood  opinioti 
M  hich  he  at  6rst  had  been  persuaded  to  enter* 
tain  of  them. 

Some  of  these  officers  have  been  negbg^ni^ 
others  uofaiihlnl  iu  the  discharge  of  their 
duty  ;  and  in  their  crimes  it  is  now  attempted 
to  involve  the  impeached  Earl  as  their  principal 
aud  patron. 

And,  in  resfard  the  principal  compkinti 
arraiiist  the  noble  Earl  are  founded  ufjoii  iha 
dispoi$ition  of  the  oilfices  of  Masters  in  Chan- 
cery, thereiure  it  has  been  ibought  necessary 
(iu  the  preamble  of  the  Articles  exhibited)  to 
represent  the  blasters  in  Chancery  as  offices  of 
very  ^reat  trust,  sworn  to  serve  the  king-  and 
his  people,  and  associated  to  the  Lord  Chan- 
cellor by  panicular  commtitsions,  for  his  as- 
sistance'tn  the  due  administration  and  execti* 
tion  of  justice. 

My  lords,  what  use  Wasters  in  Chancery 
nii^bt  formerly  be  of,  aud  what  assistance  t^ 
the  Lord  Chance lh>r  they  mi^ht  anciently  give, 
1  know  not ;  but  at  present  they  seem  to  be  of 
very  liitle  advanttiu:e  to  him  in  the  detenuioii- 
tion  of  cnuKes  in  Court. 

They  hit  uuleed  in  court*  at  proper  distances, 
on  each  side  ihe  Chancellor,  aud  sedulously 
attend  his  motifms,  but  never  pretend  to  advise 
or  interpose  in  judijmeut. 

They  have  like  wise  the  honour  In  be  named 
in  eonuuissiouii  of  association  to  the  Lord  Chan- 
cellor *,  but  the  whole  body  arc  not  always 
named  in  such  commissions,  but  only  such  par- 
ticuUr  persons  as  his  majesty  is  pleased  to 
vhink  lit :  and  this  appears  from  one  of  tb« 
oldej$t  commissiims  that  has  been  produced  and 
read  before  your  lordahips,  I  think  it  was  the 
eom  mission  jrratited  to  Uobert  8o nth  well  and 
others*  the  Oih  of  October,  4  Edw,  6,  wherein 
(here  were  not  more  thau  four  or  live  of  the 
Masters  named  ;  thoug^h  I  believe  in  the  latter 
commissions  their  nitmcs  are  usually  all  insert- 
ed* But  Avbat  |)Ower  or  authority  is  given  iheiii 
by  this  commission  ?  None  at  all,  that  tliey 
can  execute  of  ihemselTes  in  the  absence  of 
the  Master  of  the  Units,  or  some  of  the  leaiTicd 
Judges  named  therein  ;  <br  the  Judges  aud  tha 
IVI aster  of  the  Hulls  are  only  included  in  iba 
Quorum, 

But,  my  lords,  commissions  of  this  kind  are 
not  uncommon  :  clerks  of  assize,  and  other  of- 
ficers, are  named  iu  the  commissions  of  uh^o* 
ciation  to  the  jndg^es  of  assize,  in  their  respec* 
tive  circuits,  yet  act  as  tninlsterial  officers  only 
under  them. 

And  1  humbly  apprehend,  that  in  thiscasa 
it  h,is  been  tuiliiciently  proved  before  your 
lordships,  by  a  p?ntlemau  (that  was  once  a 
tery  good  Master  iu  Chaucery]  that  they  now- 
pretend  to  exercise  no  judicial  authority  what- 
soever. 

They  examine  and  state  such  particular  mat- 
ters and  facts  as  the  Court  is  pleased  to  refer  to 
them  for  its  better  informalion,  and  which  the 
Court  itself  has  not  lime  to  IwaW  v«\a%  ^*^ 


i 

4 


1083] 


10  GEORGE 


Triai  if  the  Batl  ofMaedi^ItU; 


I 


I 

I 


•f  the  Court ;  \hey  lonk  into,  and  take  coun* 
set's  npiniotis  upon  titles  of  estates  bou£rht  and 
wo\i\  Uy  order  of  the  Court ;  and  tliey  tax  coftts. 

This  «eems  to  be  their  principal  concern  ; 
tnd  yK  tn  this  they  are  not  ab^i^tule  judges, 
they  dt^tf  rmiiie  nothinix  finully  ;  tor  *vhen  ihey 
bave  niHile  fcuch  enquiry  as  the  Court  directs 
tbetUf  tlify  otdy  certify  their  opinions  of  the 
several  mktters  referred  to  them  by  way  of  re- 
port,  ^ihich  report  is  not  conclusive  to  the  par* 
ties  \  for  either  of  the  parties  that  thinks  him- 
ielf  ig^riered  by  such  report,  may  take  ex* 
ceptioo  to  it ;  and  the  Court,  on  hearing^  such 
exception,  uill  controul  itie  IVfaBler's  report^ 
and  detcmiine  as  they  think  just*  And  in  case 
the  parlies  thernselres  do  not  conirorert  the 
loitiicr  reported,  but  totally  ari^uiesce  and  sub- 
mit to  it,  yet  is  not  the  Blaster'i  report  a  final 
judgment^  nor  will  hind  the  parties  thereto^  tilt 
It  be  afterwards  confirmed  by  the  order  of  I  he 
Court :  it  receives  its  authority  and  sanction 
from  the  order  of  tbe  Court,  and  has  none  with- 
out It. 

But  it  was  certainly  very  rigrlUly  judged  by 
the  learned  Managei-*,  and  they  liaf  e  thought 
it  very  malarial  for  them,  to  adVanrc  the  repu- 
tation of  these  offices,  in  order  to  ut^Ue  It  more 
penal  to  liavc  any  pre^sent  or  couiplimenL  made 
to  ihe  great  sea),  upon  tbe  adniis&ion  or  resig^* 
nation  of  the  (blasters. 

Another  observation  was  made  by  one  of  the 
learned  gentiemen  of  the  House  of  Cominons, 
in  relation  to  their  i^eoerat  Cbargre,  which  is 
this  5  they  charg^e,  that  the  Earl,  in  or  about 
May,  17 18*  hy  ihe  great  grace  and  favour  of 
)iis  majesty',  was  constituted  Lord  Chancettor, 
and  did  tlioreupon  take  the  usual  oath  for  llio 
due  execution  of  that  otlice,  and  such  other 
oaths  00  !jaf  c  been  accustomed ;  in  order,  as  I 
conceive,  to  insinuate  that  he  had  acted  con* 
trary  to,  or  in  violation  of,  some  particular  oath 
which  had  been  administered  to  him. 

The  Esirlin  bis  Answer  admits,  That  no  tbe 
14th  of  Rlay,  17  38,  tie  look  the  oath  of  office 
as  Chancellor,  which  is  set  forth  in  his  Answer ; 
that  at  tbe  same  tinae  he  took  the  oaths  of  su- 
premacy and  allegiance,  but  no  oath  of  office, 
except  that  above  set  forth. 

To  this  part  of  the  said  Earrs  Answer*  the 
learned  Managers  are  pleased  to  object,  That 
the  oalh  prescribed  by  the  statute  of  Richar«l 
the  2nd,  had  been  frequently  administered  to 
the  noble  Earl,  but  that  he  had  forgotten  that 
oath  in  his  Answer,  as  well  as  in  bis  conduct 
and  practice* 

And  to  jirove  this  fact,  Mr.  Eyre  (one  of  the 
officers  ot  the  Exchequer)  was  produced,  on 
whose  evidence  it  did  appear  fas  we  appretiend 
the  fact  truly  is)  that  when  the  bonourahle  privy 
council  are  annually  assembled  in  the  Court  of 
Exchequer,  to  prepare  a  list  of  name«  of  pro- 
per persons  to  bt;  presented  to  hiu  majesty,  for 
bis  ctioice  of  sheriffs  for  tlic  yenr  ensuing-*  and 
the  judges  then  also  aUemruiJjr,  one  uf  the  of- 
fioers  of  the  Cottrl  reads  over  the  very  words 
of  ihe  statute  of  Richard  the  2nt!  in  French, 
tiDd  f/ieu  the  Bible  b  presented  t»  i\«  uo\Ae  \ 


lor4f»,  and  others  of  Ibe  prt«f  cofiiictl  and  »lst 
to  the  judcres  present,  Hhich  iliey  kMK,  and 
then  proceed  to  the  nominaiioD  of  tKe  ah^rilb 
for  the  several  counties  in  Englftod. 

My  lords,  \  must  oliserve  tml  ofieii  thif  ise- 
cai^iou  no  formal  oath  is  administered  in  pania* 
anceof  this  act  of  parliament ;  nor  any  eot^ 
or  record  made  of  any  oath  taken  by  alt  or  aoy 
of  the  persons  present. 

The  word*  of  the  act  of  parltftmeot  are,  Thil 
the  chancellor,  ti^asurer,  and  oth^  ffreat  sf* 
licers  tlierein  named,  the  juati^s  of  Ih^  eas 
bench,  and  of  the  other,  the  barons  of  ^ 
chequer,  and  oiheri,  who  &haJJ  be  catkii 
dain  or  make  justices  of  peaco,  ahcri^*,  «r 
other  officers  therein  nam^,  ar  any  olber  of- 
ficers or  minister*  of  the  kingr,  shall  be  firwly 
sworn  that  they  shall  not  ordain,  nuine,  «ir 
make  such  officers  for  any  gift  or  brokag^. 

This  act  of  piirliameni  doth  direct  so  oaelit» 
he  administered,  though  the  precine  form  of  If 
oath  is  not  prescribed* 

But  the   act  of  parliament   itaejf 
cilled  that  oath  which  itself  directs  ] 
I  readinsfor  hearinff  that  act  of  t.  Hilin 
I  he  called  the  admiobtmn^  or  t  ojnb: 

[the  oath  must  besomethinyr  ,j  iir»mi 

!  act  of  parliament  which  directs  it. 

Therefore,  my  lord»,  I  humbly  aabintt  it ^ 
your  lordships,  that  the  reading  of  this  adi 
'  parhament,  upon  this  particular  occaaion, it ». 
I  tber  used  as  a  particular  exhortation  or  « ~ 
I  nitioD  to  Uiatauj7nst  assembly,  how  they  < 
I  t(»  demean  themselves  in  that  sinjfle  inil" 
their  duty  (the  choice  of  kheritls)  tliaitl 
an  universal  obligation  in  respect  to  thel 
nation  of  ail  other  officers  in  g-eneraL 

If  this  was  intended  to  he  adiuiQi^ered  «ll 
oath  of  office,  then  bein^  once  taken  by  afif 
prson  in  office,  it  need  not  be  taken  a|pim,il«r* 
mj^  the  same  person *a  continuaoce  tti  the  tun 
office ;  but  thi^  act  of  parliameiil  is  aaanallf 
read  over  upon  the  return  of  every  etectiim  m 
sheriff^Jt  and  seems  to  be  pariicularly  a[ipli  ^^ 
to  that  duty. 

8heii{r*s  are  indeed  ver^  i^reat  ofEoers,  1 
whole  counties  under  their  iofiueuce  and  J 
diction ;  and  therefore  very  singular  c:aivi 
to  ho  taken  in  their  nomination. 

The  chief  justices  and  judges  presefit 
that  occasion,  use  ihe  same  cer«ni(> 
ing  the  book  ;  and  if  tliis  should  h 
an  oath,  it  would  be  of  j      '     m,  aa 
consequence  of  that  mu  the! 

fices  should  have  no  cai^uu.inN  mr  them? 
the  latter  part  of  tbe  oath^  directed  bv  this  i 
is.  Thai  none,  who  pursueth  l>y  ^'  •• 
other,  privily  or  ofienly,  to  bt-  in  in 
office,  shall  be  put  in  tiie  same  oiA_,  ^ 
other. 

8o,  if  this  be  considered  a«  an  oath.  «"«^ 
one  of  tlie  f^rrat  persons  that  have  laicn  it,^ 
must  he  indispensably  obliged  not  tn  ifivr  any 
office  to  any  person  that  have  fiven  a»Wed,  ar 
made  application  by  him<ie1f,  or  any  one  m  lill 
behalf,  for  that  or  itny  other  office  wbaWwier. 
\£\^\a  wQslcuctton,  wlncb  is  oow  cwladat 


10S3] 


for  High  Crimes  and  Miidemennort. 


A.  D.  17«. 


[108G 


for,  were  atlmitted,  &  great  many  persons  ititj^bt 
be  ttioug'ht  guilty  of  pcrjurvi  who  ihemset?es 
eef  er  apprt?hended  it  ;  and  how  far  the  g^uflt  of 
ibtB  pegtiry  may  be  exteoded,  is  cot  easy  to 
detrrmioe. 

But,  my  lords,  it  is  not  the  nohle  Earrs  io- 
tention  to  incur  the  censure  uf  quibbling-  bitn^ 
geU  out  of  the  obhgation  of  an  oath,  or  Uie  let- 
ter of  an  act  of  parliatnent ;  we  bet^  leare  to 
insist,  that  in  whaleTer  U}^htthis  transuction  is 
lakeu^  il  caul  be  construed  to  be  the  takin«^  an 
eiiih  within  (he  intention  of  the  Charge  con- 
tained in  the  present  Articles,  whicli  is,  that  be 
>  took  the  oath  of  iifHce}  and  such  other  oaths  as 
hliAve  been  of  right  accustomed. 

This  Chars^ef  ray  lords,  must  be  conBned  to 

>roe  reasonable  time,  wherein  these  otiier  oalhs 

E^arged  must  be  supposed  to  be  taken  :    1  ap- 

Iprehend  it  can  relate  to  such  oaths  only,  as  the 

*  noble  Earl  took  at  the  f^ame  titoe,  when  tlie  ge* 

Hend  oath  of  office  was  admmistered  to  hitn. 

And  the  Earl,  by  his  Answer,  certainly  un- 
derstood it  In  this  sense  ;  otliorwise^  to  make  a 
nptete  Answer  to  so  general  a  Charge,  be 
Dust  bare  been  under  a  oetessityt  to  have  set 
rth  all  the  oaths  which  he  hath  taken  in  his 
vbole  life-time  \  at  least,  sioce  his  first  oatJi  as 
chancellor. 
He  took  the  oath  of  office  as  Chancellor  the 
b  of  May,   1718;   this  proceeding-  in  the 
chequer  IS  proved  to  be  in  November  fol- 
owing:     who    would    understand    that    this 
g-e  intended  to  couple  two  transactions  lo- 
er^  that  in  themselves  were  so  distinct  and 

Having  thus  endeavoured  to  remove  tliese 

2' ec Irons,  which  seem  to  be  no  part  of  the 
arge,  but  only  used  as  introductory  to  it,  1 
Itall  now  proceed  lo  the  Charge  itsell. 
The  first  and  geoemt  Charge  is,  That  the 
lid  £arl,  not  regarding  the  obligation  of  bis 
fttb,  or  the  duty  of  his  office,  but,  entertaining 
ked  and  corrupt  designs  and  views  to  pro- 
:  himself  exmbitant  profit,  by  divers  unjust 
1  oppressive  practices^  whilst  he  continued  in 
be  office  of  Chancellor,  did  illegally,  corrupt- 
lly,  and  ejttorsively  take  and  receive  iQ  his  own 
private  use  great  sums  of  money,  in  breach  of 
lis  oath,  and  riolattOD  of  his  duty  as  Lord 
fCbancellor. 

This  is  insisted  on  by  the  gentleman  who 
St  sjKtke,  as  ttu  offence  of  the  deepest  dye, 
tbich  strikes  at  the  very  root  and  foundatinn 
[fall  cif  il  government ;  and  to  render  it  more 
hdious,  it  is  introduced  as  an  act  of  the  highest 
■iiigratitude  to  his  majesty,  as  well  as  injurious 
\mxiA  oppressive  to  his  subjects*    To  demonstrate 
liis,  it  is  represented,  that  upon  the  said  EarPs 
^ieiDg  appointed  Lord  Chancellor  in  May,  1718, 
^ia  majesty  was  pleased,  of    his  irracc  and 
ounty,  to  bcslow-ttpon  him  the  sum  of  14,000/* 
I  money,  and  lo  grant  him  several  oilier  year- 
pensions  and  payments,  which  another  gen^ 
wn  (in  obKrviDg  the  evidence  given  on  Ihts 
A)  WM  pleased  to  say,  did,  together  wiih 
Otoal  salary,  fees  and  profits  belonging  to 
lOffiieei  amount  uuto  near  10 ^OOOL  per  aa- 


num,  and  this  was  strongly  urged  as  enough 
to  satiate  llie  appetite  of  the  most  avaricious, 
and  prevent  any  t! legal  and  corrupt  extoruons 
of  other  sums  trom  his  m«ye«ty's  subjects* 

To  this,  my  lonls,  we  hope  your  lordships 
will  ihink  the  poble  Earl  has  put  in  a  very  plain 
and  salisfartorv  Answer, 

That  he  had,  for  several  years  before  his  ad- 
vancement to  the  ^reet  seal,  the  honour  of 
serving  his  majesty  m  the  office  of  Chief  Jus* 
tice  of  the  Court  of  Kiug^s- bench  ;  and  as  a 
reward  tor  good  and  faithful  services  in  that 
high  office,  his  majesty,  out  of  his  my  a  I  grace 
and  favour,  upon  the  lOlb  of  iMarch,  iri3,waa 
pleased  to  advance  him  to  the  dignity  of  a  peer 
of  this  realm  ;  and  for  the  belter  sopiMirt  of 
I  hat  honour,  to  grant  him  a  pension  of  l,'200/* 
per  annum,  and  to  declare  his  royal  intentions 
of  giving  the  said  EarPs  eldest  son  an  office  of 
considerable  profit,  when  opporltiniiy  should 
ofler. 

That  in  May,  1718,  his  majesty  was  pleased 
to  appoint  him  Lord  Chancellor ;  on  the  14th 
of  the  said  month  of  May,  he  took  the  usual 
oath  of  office,  and  at  tl^e  same  time  the  oatb 
of  supremacy  and  allegiance,  and  no  other  oatb 
of  office. 

That  during  the  time  he  continued  in  tht 
office  as  Lord  Chancellor,  he  enjoyed  the  usual 
salary,  fees,  and  neniuisites,  which  Mr.  Pyn* 
sen!  (who  was  called  as  a  witness  to  this  par* 
ticular)  proved  to  be  about  11  or  l,200/«  per 
annum. 

That  bis  majesty  also  granted  to  him  the 
salary  of  4,000/.  per  annum,  during  his  con- 
tinuance in  that  office;  which  was  not  particu- 
lar in  his  case,  but  constantly  granted  to,  and 
enjoyed  by  all  bis  predecessors. 

That  to  this,  bis  raa^esty  was  further  pleased 
lo  sign  a  warrant  to  bim  for  14,000;.,  as  men* 
tion^  in  the  Articles;  whereof  2,000/.  was  tb« 
usual  allowance  to  other  lord  chanctUoi^,  or 
keepers,  towards  the  expences  in  entering 
upon  the  office :  and  the  rest  was  his  majesty^t 
royal  muniftcence,  and  received  as  such. 

Vbe  noble  earl  likewise  admits,  that  his  ma* 
jesty  was  also  pleased  to  grant  his  only  son^ 
then  going  to  travel,  a  yearly  pension  of  I,foo/. 
determinable  upon  his  majesty's  grnotiug  him 
one  of  the  offices  of  teller  of  the  Exchiquer  for 
life ;  which  was  accordingly  granted  ;  and  he 
came  bito  the  possession  of  it,  in  1719,  whereby 
tlint  pension  determined ;  so  that  the  yearly 
payments  to  his  lordship  were  but  6,400/,  per 
annum,  besides  the  peniioo  of  1,^00/.  to  bit 
son,  which  soon  after  determined  upon  hit 
coming  into  possession  of  bis  present  office* 

This  is  all  the  revenue  which  the  noble  earl 
received  during  bis  continuance  in  this  great 
office:  and,  I  humbly  presume,  this  canH  b# 
thought  excessive,  considering  the  great  fa* 
tigties,  difficuliies,  and  expenees,  lliat  neces* 
sarity  attend  the  execution  of  this  high  office: 
perhaps  other  offices  miuflil  be  found,  that  ar« 
less  difficult  in  the  execution,  and  yet  auQ«.Tva;^ 
in  profit. 

but,  my  \oTii«,  \Vi«  o\i<a«?tt<>%  ^««^ibkM»«^2^ 


4 


I 


1087] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdesjield^ 


[1088 


turn  that  wav ;  but  rather,  that  this  noble  lord, 
not  contentet)  with  these  se?eral  instaDoes  of 
royal  Sprace  and  bounty,  ille^lly,  cormplly, 
and  extorsively  took  and  received  other  great 
sains  from  other  persons  to  his  own  use. 

This  the  noble  earl  expressly  denies,  and 
iaysy  that  during  his  contmuance  in  the  office 
of  Chancellor,  or  at  any  other  time,  he  nefer 
once  had  a  design  or  riew,  or  even  a  wish,  to 
raise  to  himseir  any  exorbitant  gain  or  profit, 
much  less  to  extort  money  by  any  unjust  or 
oppresBiTe  methods  whatsoeTcr. 

And  indeed,  my  lords,  this  is  a  charge  that 
gi?es  the  noble  earl  at  once  the  greatest  trouble 
and  surprize ;  he  nerer  suspected  a  crime  of 
this  sort,  so  contrary  to  his  nature,  and  the 
whole  tenor  of  his  life,  could  ever  be  objected 
to  him :  and  to  shew  that  this  is  without  any 
foundation  of  truth,  the  present  circumstances 
of  his  family  and  fortune  (when  laid  before 
your  lordships)  will  abundantly  demonstrate 
and  convince  mankind,  that  be  is  not  that  rich, 
that  a?ariciou8,  and  corrupt  man,  he  is  repre- 
aented. 

As  he  hat  received  large  bounties  from  his 
majesty,  he  has  been  abundantly  liberal  to  [ler- 
sons  that  were  proper  objects  of  charity ;  and 
■fiis  purse  has  bjcen  always  open  to  succour  and 
relieve  the  distressed. 

This,  my  lords,  brings  me  on  to  the  material 
and  princi|)al  part  of  the  Charge,  which  is, 
that  be  did  illegally,  corruptly,  and  extorsively 
take  and  receive  to  his  own  private  use  great 
sums  of  money,  in  breach  of  his  oath,  and  vio- 
lation of  his  duty  as  Lord  Chancellor. 

The  instances  given  of  this  corrupt  taking  of 
money,  refer  to  tlie  several  sums  mentioned  in 
the  five  Articles,  which  the  gentlemen  of  the 
House  of  Commons  were  pleased  first  to  enter 
•upon,  and  which  relate  to  the  several  sums  of 
money  received  from  the  four  Masters  in 
Chancery,  mentioned  in  thefifth,  sixth,  seventh, 
and  eiglith  Articles,  and  the  Clerk  of  the  Cus- 
todies mentioned  in  the  ninth. 

If  the  Charge  contained  in  these  several  Ar- 
ticles be  a  crime,  it  must  appear  to  be  so  in  its 
own  nature  ;  to  be  an  offence  at  common  law  ; 
or  made  such  by  some  act  of  piirliament.  1 
submit  it  to  your  lordships,  that  taking  a  present 
or  taking  money  from  persons  upon  their  re- 
commendations or  nominations  into  offices, 
though  they  do  concern  the  administration  or 
execution  of  justice,  is  not  a  crime  in  its  own 
nature ;  it  is  no  act  of  immorality  ;  it  is  no  act 
of  injustice  to  any  man ;  for  no  person  has  any 
particular  right  to  these  offices,  but  his  ad- 
vancement must  be  owine  to  the  favour  or 
friendship  of  him  who  has  the  right  and  power 
of  nomination:  and  if  the  office  itself  be  va- 
luable, so  is  the  right  of  nomination  to  it,  and 
may  be  esteemed  as  part  of  the  estate  of  that 
person  to  whom  it  belongs.  And  if  we  con- 
aider  it  in  this  light,  1  think  it  can't  be  denied 
hut  that  efery  nian  has  a  natural  right  to  dis- 
Dose  of  his  own  estote  or  interest,  his  own 
friendship  or  favour,  upon  what  consideration 
h9  pleasci:  it  is  hit  own,  and  thcrefora  be 


has  a  right  to  make  any  just  and  legal  advan- 
tage of  it. 

From  hence,  my  lords,  1  would  beg  leave  to 
infer,  that  the  taking  a  gratuity  or  sum  of 
money  from  any  person,  upon  his  nomination 
to  one  of  these  offices,  is  not  criminal  in  itadf, 
if  simply  considered,  and  distinct  from  tbt 
good  or  evil  consequences  that  possibly  may 
attend  it. 

And,  in  the  next  place,  I  humbly  sobnit  it 
to  your  lordships,  that  it  is  not  a  necesssry 
consequence,  that  every  one  that  bays  an  office^ 
must  and  will  behave  himself  either  unfiuth- 
fully  or  corruptly  in  it.  Instances  may  be 
given,  and  those  very  ancient  ones,  of  offices  sf 
justice,  offices  of  the  highest  cliaracier  in  tbc 
administration  of  justice,  that  have  been  por- 
chased,  and  purchased  from  the  crown. 

In  Mr.  Madox's  llistory  of  the  Exchequer, 
page  43,  we  find  that  Richard  Fitz- Allured,  in 
the  time  of  king  Stephen,  fined  fifteen  myb 
of  silver,  that  he  might  sit  with  llalph  Baaet 
to  hold  the  king's  pleas;  and  in  pafre74S,sf 
this  book  it  appears,  that  Ralph  Basset  was  the 
king's  justicier.  Here  we  see  one  of  the  jos* 
tices  of  the  King's- bench  purchasing  his  otEce 
for  fifteen  marks  in  silver. 

And  in  the  same  page  of  the  said  book  il 
appears,  that  in  the  seventh  year  of  king  Jobs, 
Walter  de  Gray  gave  the  king  5»000  maiki 
'  pro  habenda  Cancellaria  Domini  Reuii  lato 
'  vita  sua,  et  pro  habenda  inde  Charta  DoaiM 
«Regb.* 

These,  my  lords,  are  great  instances  «kit 
the  ancient  usage  was,  in  purchasing  even  tbi 
highest  offices  of  justice. 

Inferior  offices  were  doubtless  disposed  of  io 
the  same  manner;  and  if  this  had  been  tboogbl 
criminal,  we  should  have  had  somein^oceiis 
our  law-books,  wherein  they  would  have  sp- 
peared  to  have  been  adjud;^eil  so. 

I  beg  your  lordships'  leave  to  consider  iotbe 
next  place,  and  that  very  briefly,  whether  tkii 
can  be  taken  to  be  crimiual  within  the  wsidi 
of  the  statute  of  Edward  6,  which  has  been 
taken  notice  of  by  some  of  the  learned  Ms* 
nagers. 

By  the  5th  and  Cth  of  Edw.  6,  c.  16,iiii 
enacted,  "  That  if  any  person  or  persons  sbil 
at  any  time  thereafter,  barg^ain  and  sell  say 
office  or  offices,  or  take  any  money,  fee  or  ft- 
ward,  or  any  other  profit,  directly  or  indirecdjTi 
for  any  office  or  offices,  which  shall  iassy 
wise  touch  or  concern  the  administratioB  a 
public  justice ;  all  and  every  such  penonsarf 
persons  tliat  shall  so  bargaiu  and  sell,  or  taikt 
any  tnoney,fee,  or  reward,  for  such  office « 
offices,  shall  not  only  lose  his  right,  intoetf 
and  estate  in  such  office  or  offices,  but  sIn 
every  person  and  persons  that  shall  give  or  p5 
any  sum  of  monev»  reward,  or  tee,  shall  be  s^ 
judged  a  disabled  person  in  the  law,  lo  hai^ 
occupy,  and  enjoy  the  said  office  oroffiets." 

This  is  the  purport  of  this  act  of  psriiawwf 
90  far  as  it  relates  to  the  offimet  chafgsdia 
these  Articles ;  and  I  apprehend  it  MflSitki 
txtendsd  to  the  present 


1089] 


Jar  High  Crimes  and  Mitdemtanort. 


[1090 


» 


» 


Here  ire  no  prohibitory  words  tliait  p<*r«oiis 
■lull  not  banraiD  antl  sell  uftio^,  uur  titiy  ivnrOft 
declirBtory  thit  I  Key  could  not  do  •<>  befoj^,  by 
eovmoii  Uw. 

And  nil  penal  Uwii  arc  t<)  b«  constnied  fa- 
Tmirably  for  the  beitctU  of  the  8Uhject|  «n«l  tio'. 
c%** "  '      ■        lut  the  lelter. 

!►  coQirary,  by  the  many  pf^viaoes 

ftfWr  e^jiittiitiei)  in  thit  act  of  [mrhttment,  it  iti 
plain  thut  all  otBces^  before  the  tmikitti*'  uf  ibis 
net  I  tnif^ht  be  boug'bt  and  «nld  witliout  idftincf  ; 
anil  uiHtiy  "fftoea  are  aulhoriicfl  and  intended, 
by  Uie  t-'xprtf*  }»i*itvi«inp«  ikTiVi^i.  f»fi,  to  uuntlntie 
tobe  hoiit(ht  ni 

For  by  thf  tj        ,  ^^^^   it  in  de- 

cdare«i  not  to  extend  lo  any  nfhce  of  inheritance; 
which  i«  an  ej«pres»  declaration  that  offices  of  i 
ioheritaiici-  were  to  be  bought  and  iold  even 
sNer  the  act  slionid  take  plaee. 

Tbr  fseound  proviso  I  appreheod  in  stron^r 
to  tjur  purpo'»e ;  for  by  thnt  it  is  declared, 
•*  Thai  thtf!  act  shttll  ooi  extfpod  to  any  contract 
made  ar  a|ffet*d  before  tl»e  lir«i  of  IVfarcb  then 
next,  bat  all  siicli  bari;aiuii  aJid  contracts  to  be 
good,  as  if  the  act  h4d  never  been  made.*' 

And,  my  lords,  there  i«  yet  a  farther  proviso, 
'*  That  this  act»  or  any  ihin^  therein  contained, 
•hatl  not  extend,  or  Im*  prejudicial,  or  hurtful  In 
iiiy  «>f  the  chief  justtcrs  of  ihe  kinj>*«  courts, 
ronimooly  called  the  Kincf'srhencli  and  Com- 
piod  MenM,  or  to  any  of  the  justices  of  assize, 
no*v  l*e,  or  hereaftfr  shall  l*e,  but  that  they 
et cry  of  them  may  do  in  every  l>ebnlf^ 
hintf  and  concerning-  any  office  or  oflices 
to  be  |(iveti  or  panted  by  tbetti,  as  they,  or  any 
lif  them,  iuig;hi  Imve  done  before  the*  making 
"lis  act,  any  iliioL;  thereto  coutamed  to  tlie 
iry  thereof  nolwithstaudint^/' 
bat  it  that  which  these  great  officers  of 
latire  might  hate  done  before  the  making'  this 
81?  They  miglit  have  given,  g-ranted,  bor- 
nioed,  or  aold  the  respective   officer  under 
Hi^fTT  '"  ^"r^'-  manner  as  they  thought  fit;  anrl 
by  t  ^  thvy  may  continue  to  do  j»o  atill. 

W  .. .:  ..      .atod  then  is  made  in  the  (aw  by 
thia  act  of  parliamentf  Here  la  no  new  otfeoce 
crcmted,  but  a  particular  penalty  giveti,  to  be 
ii^fticted  on  all  that  »1iull   buy  or  sell  office, 
OMituined  in  any  of  the  subsequent  provi- 
1 1  that  i«^,  tbe  contract  made  between  the 
[|per  and  liftlJer  is  declaretl  void ;  ihe  |)arty 
aeltin^^  li»ii'i  his  estate  and  intereat  in  the  otfice'j 
mH  ihf^  [*<^rty  buying  is  rendered  incupable  to 
bold  anti  f^rijoy  it. 

In  Cairtlc's  Case,  Cro.  Jac.  644,  it  was  ad- 
jodgiHi,  that  when  a  fttntute  app^inti  a  penalty 
Ibr  the  doin^  a  lhint«^  which  was  no  offence  }w* 

an*t  ! '    • t  fibbil  be  recovered,  it 

lie  f  L  means,  and  no  other, 

mtfA'^.   ,  ,..j    .; .  .™,   in   the  present  caw, 

ig  that  the  presenti  provrd  to  t>e  some* 

IDMle  to  the  irni»ei(  htd  Earl,  upon  the 

of  Mast'  r  I  eery,  can  be  in' 

set  1  i  n  tj  «:i !  ,  o r  taki  ng  money 

offs  1  tiie  jiiicntiou  of  ihi«  act  of 

i  ^c  hable  to  no  Other  punish- 

trot  than  what  the  ad  ttaall' directs ;  and  this 

vol..  XYl. 


the  noble  Earl  has  already  suffered  hy  bis  loat 
of  the  (Treat  seal.  Tbe  statute  inflicts  a  pen&lty 
upon  tlie  seller  of  ail  office,  only  of  forfeiting 
the  itomination  to  the  oCTicc  for  the  future;  and 
nc»  other  neoalty  or  punishmetit  ought  to  be 
inflicted  by  virtue  of  this  act  of  parliament; 
and  conactjiieutly  the  oBVnce,  as  now  charged 
against  the  noble  Earl,  iu)d  the  facts,  as  proved 
belbre  3^our  lordships,  cuniiot  subject  nim  to 
any  puntthment  or  jud^mentt  that  can  bo 
prayed  in  thia  prosecutto u,  ujM>n  the  [ireaeot 
Articles  of  Impeacbfoeot* 

Bnt^  my  lords,  there  ia  another  answer^ 
which  the  noble  Earl  baa  bean  pleated  to  make 
to  t hi 3  iiart  of  the  Chance  against  bun,  and 
which  I  hope  your  lordtbipa  will  bafe  gre«t 
regard  to. 

it  is  the  example  of  the  many  great  and 
learned  persons  who  have  executed  thia  btgb 
office  before  him* 

The  pi*ecedent  is  too  ancient  for  tie  to  dii- 
cover  when  it  was  first  made;  and  1  butnbly 
submit  it  to  your  lordships,  that  the  imme- 
morial, constant  usage  and  practice  of  it  in  all 
ages  since,  will  sufficiently  establish  the  rea- 
sonableness and  jufiUce  of  the  precedent. 

The  same  objection,  which  is  now  made 
against  the  noble  Earl  impeached,  in  th^  fmr- 
ticular  instance,  might  undoubtedly  have  breti 
insisted  upon  against  every  one  of  bis  prede* 
eesaors. 

And  1  doubt  not  we  shall  be  able  to  prove, 
that  these  officers  have  made  presents  to  the 
great  seal,  at  frequently  and  constantly  as  the 
several  vacancies  have  been  supplied. 

This  noble  lord  has  only  foUowcil  the  exam« 
pie  of  his  predecessors  ;  be  has  trodden  in  their 
steps:  and  I  must  beg  leave  k)  say,  there  must 
be  something  peculiar  in  bis  case^  if  the  same 
path«,  wiiich  led  them  to  honour  and  immor'^ 
tality,  shall  beti  ay  htm  to  tnftimy  and  disgrace, 

Tliia  objection,  my  lords,  some  of  the  learne<l 
Managers  of  the  House  of  Commons  were  «ell 
aware  of;  and  therefore  they  have  endeavoured 
to  distinguish  tlie  present  from  the  preceding 
cases. 

They  admit  it  to  be  true,  that  small  sums 
have  been  formerly  given  to,  and  accepted  by 
former  Clmnceltors^  upon  admifsious  into  tbeso 
officer,  by  way  of  compliment  or  present,  and 
this  without  a  crime  :  but  then  they  urge,  that 
the  sums  now  complained  of  are  exorbitant; 
they  are  bargained,  haLtt^led  for,  and  given  un- 
willingly by  tbe  uurcljui»er  ;  and  that  there  is 
a  great  difference  netween  a  present  giveo^  and 
a  price  Imrgaiaed  for  au<t  paid. 

My  lords,  1  c^n't  deny  but  that  this  distinc- 
tion IS  just :  tt  present  implies  a  volunury  i^ifl 
of  something  lass  than  the  value  of  the  thing 
given,  or  promiaeil,  ^qt  which  that  present  is 
to  be  made ;  n  price,  tbe  full  value  ot  tbe  thing 
contracted  for. 

And  1  think  the  Earl^a  present  ciae  la  ex* 
actly  within  this  distinction,  and  juatilftealb* 
Earl's  Answer  in  this  respect. 

The  present  which  Mr.  Kynaston  made  to 
tbe  Eadf  upon  bi«  admtsaioa,  was  t^klkl*  Tbt 

4A 


1091] 


10  GEORGE  I. 


Trial  of  the  Earl  of  MacdesflM, 


[1099 


iirire  he  paid  9Hf.  Rogers  for  the  purchase  Of 
lis  office,  WAS  no  less  thao  6,000/. 

Ttie  present  which  Mr.  Thomas  Beonet 
made  to  the  suid  Earl,  upon  his  admissiooi^was 
1,575/.  Tlie  price  he  paid  Mr.  Uiccocks  for 
the  purchase  of  his  office,  was  7,500/. 

Mr.  £Ule,  upon  his  admission  into  the  office, 
ij|)on  the  death  of  Mr.  Fellowes  (the  former 
MRStrr)  made  a  present  to  the  late  Chancellor 
of  5.200/.  But  when  his  lordship  considered 
the  (Kfreatness  of  the  sum,  he  returned  him  all 
but  1,800/. :  when  at  the  same  time  Mr.  Lucas 
offered  6,000/.  for  tlie  same  office. 

Mr.  Thurston  has  also  proved,  that  he  left 
Bank-notes  to  the  amount  of  5,250/.  sealed  up 
in  a  letter  al  the  Earl's  house,  before  his  ad< 
mission,  upon  Mr.  Burret's  death.  But  when 
the  lail^,  to  whom  the  letter  was  directed,  dis- 
covered liow  fj^reat  the  sum  was,  she,  without 
any  application  made  to  her  for  that  purpose, 
retunied  all  but  2,000/. 

And  this,  my  lords,  was  done  before  the  seal, 
before  Michaelnias^term  last,  before  the  Mas- 
ters  were  ordered  by  the  privy- council  to  give 
in  their  accounts ;  and  when  the  present  pro 
secution  was  not  in  any  sort  apprehended :  and 
it  is  likewise  proved,  that  Mr.  Lucas,  upon 
this  occasion,  renewed  his  offer  of  6,000/.  for 
the  office ;  and  Mr.  Thurston  was  admitted  for 
a  less  sum  of  money. 

These,  my  lords,  we  humbly  hope  and  insisti 
are  not  instances  of  a  corrupt  mind,  and  ava- 
ricious, rapacious  temper,  such  as  some  of  the 
gentlemen  Managers  have  been  pleased  to  re- 
present them.  On  the  contrary,  we  humbly 
nope,  that,  upon  the  evidence  already  given, 
it  plainly  appears,  that  these  payments  were 
not  sums  of  money  extorted  and  unwillingly 
paid  by  the  q;entlemen  who  were  admitted  into 
the  several  offices  that  have  been  mentioned, 
but  presents  voluntarily  made,  and  pressed  upon 
the  Eail  impeached,  with  such  apulication  and 
earnestness  that  shews,  that,  at  the  time  they 
were  offere'l,  the  persons  offering  thought  they 
were  not  equal  to  the  value  of  the  favour  they 
expected.  And  their  importunity  was  so  great, 
that  Mr.  Thomas  Bennet,  one  of  the  present 
Masters,  that  has  been  so  often  examined, 
would  endure  no  delay,  but  im|iatiently  pressed 
to  be  sworn  into  bis  office,  at  a  time  when  the 
late  Chancellor  was  sick,  and  by  bis  phvaician 
thought  to  be  dying.  This  may  rather  oe  said 
to  be  extorting  a  favour  from  the  impeadied 
Earl,  than  money  from  Mr.  Bennet,  even  upon 
his  uwn  evidence. 

My  lords,  we  do  humbly  insist,  That  as  the 
noble  Earl  witliin  your  bar  was  not  conscious 
of  any  crime  in  accepting  these  presents,  so  he 
isjustiHed  in  so  doing,  by  the  example  of  many 
successions  of  great  and  learned  men,  who 
have  done  the  same  in  the  like  case.  And 
should  this  now  be  ailjudgcd  criminal,  what 
numbers  of  very  good  and  just  men  must  be 
involved  in  the  imputation  of  this  guilt  ?  It 
must  necessarily  spread  an  universal  cloud  of 
infiiniy  and  reproach  over  the  ashes  of  m:iny 
jost  and  upright  sages  of  the  law,  whoae  me- 


mories have  hitherto  been  preserved  as  venera- 
able  and  Micred  ;  men  who  despised  riches,  and 
abhorred  the  remotest  appearance  of  bribery, 
and  never  were,  nor  were  suspected  to  be  cor- 
rupt ;  yet  these  men  thought  it  a  just  duty, 
owing  to  themselves  and  successors,  to  adhere 
to.  the  known  and  just  rights,  the  ancient  es- 
tablished fees  and  perquisites  of  their  offices; 
and  believed  it  as  justly,  due  to  them  as  the  sa- 
laries whch  were  annexied  to  their  said  offices. 

My  lords,  we  shall  beg  leave  to  shew  thai 
this  has  been  the  ancient  usage  and  constant 
practice  of  all  ages;  and  the  several  great  per- 
sons, who  successively  have  presided  in  the 
greatest  courts  of  law  and  equity,  from  the  ear- 
Rest  times  to  the  present,  have  disposed  of  tbs 
several  offices  in  their  gift,  aa  tliey  became  va- 
cant, for  money. 

Freouent  instances  of  this  kind  will  be  pro- 
duced betore  your  lordsliips,  in  our  evideooe. 

My  lords,  I  would  not  be  understood  to  msa- 
tion  this,  so  as  to  insist  that  the  actions  or  a* 
amples  of  the  greatest  persons  will  alter  the  na- 


ture of  good  and  evil,  or  sive  ^^Bhctioo  to  aay 
action  that  in  itself  is  real%  cr^Uiinal ;  but  only 
as  an  ai^ument  (and  I  apprehend  it  a  vciy 
strong  one^  to  prove,  that  it  was  the  cooGORMt 
opinion  or  all.  those  great  persons  that  bavf 
taken  presents,  upon  their  disposilioa  of  of- 
fices, that  it  was  not  criminal  to  do  so. 

The  opinion  and  judgment  of  so  many  lean* 
ed  persons  roust  have  ver]^  great  weight  is  a 
case  of  this  nature  :  And  if  in  strictness  it  cin*t 
be  said  to  justify  the  action,  it  will  certainly 
vei^  much  extenuate  the  guilt. 

In  the  next  place,  the  gentlemen  are  pleased 
to  proceed  to  anew,  that  Masters  in  Chanoerv, 
being,  as  before  represented,  very  great  offi- 
cers in  that  Court ;  the  noble  £arl  wtthia 
the  bar,  for  his  own  corrupt  gain,  has  admiNsd 
persons  into  that  office  tliat  were  not  duly  qoi- 
lified  for  it,  and  forced  them  to  give  ^ai 
prices,  and  bartered  and  haggled  for  sack 
prices. 

This,  my  lords,  is  urged  as  the  gpneatest  is- 
convenience,  that  men  who  have  no  stUistuos 
of  their  own  should  be  trusted  with  such  laigo 
sums  of  other  persons  money. 

It  is  insisted,  that  honesty,  probity,  ui 
good  substance,  are  abeolutely  necessary  ftr 
the  suitors' security ;  yet  inferior  persons  havs 
been  put  in  by  his  lordship,  who  had  little  or 
no  suustance  of  their  own :  Thai  they  paid 
great  sums  for  their  places,  yet  paid  itootsf 
the  suitors  money ;  and  that  this  was  knows, 
connived  at,  and  encouraged  by  tbe  nobfe  loid 
that  then  presided  in  the  Court  of  Ckas* 
eery,  llus  therefore  could  only  be  with 
a  view  to  enhance  the  price  of  those  plaocs: 
For  what  would  not  people  haxard,  who  bad 
nothing  of  their  own  to  lose?  Jf  any  pioiK 
could  be  made,  it  was  their  own ;  if  any  lofl^ 
the  suitors ;  for  no  security  was  given  to  aaiM 
tlie  effects  in  their  bands. 

5Iy  brdii,  it  must  be  oonfeased,  thai  tUiMf 
of  arguing  has.a  very  popular  appearaMft  ^^ 
finds  an  easy  accen  to  evciy  cnr. 
8 


93} 


Jhr  High  Critnes  and  Misdemeanors. 


A.  D.  17'i5. 


[1094 


J  Court  of  Ciianccrv  mtisl  be  ailitiitteil 

llie  i^reatest  courl  of'  jusltcc  in  the  king' 

[    und   it  must  iue  alito  Atlmiiteil,  lb»t  the 

noesii   of  thai  Court  has  af  lat«  ye*ir*  in* 

pBsed,  in  prujiorltoUf  rrore  than  any  otiicr 

II ft ;   ami  consequently^  much  |[f reater  sums 

money  are  now  (le|VO!iitet)  in  the  hands  oi' 

'.  Masters  of  that  Court,  than  Ibrmerly, 

"*'  *      mj  possibly  make  it  to  lie  %vi%lie«l,  that 

^  methoil   might  be  fonoiJ   out,  for 

'  lecurilyp  than  boii  breti  formerly 

in  what  manner  this  reformation  is  to 
i  made,  is  beyunJ  the  power,  or  ut  ie^bt  the 
udence  of  any  one  joclafe  or  chancellor  to  de- 
tiioe ;  the  ancient  | practice  of  e?ery  court 
law  of  that  court ;  and  it  would  he  a 
daiifi^erous  experiment  for  aoy  one  presiding* 
jvid^  to  vary  it :  If  any  ill  eoneeaueoce  to  the 
iuitors  attended  such  an  atteration^  he  tbnt 
BUide  the  alteratum  uould  certainly  be  answer- 
^le  lor  the  coi)9e<]uence9  of  it ;  tor  every  sui- 
~  win  then  «ay,  Why  was  the  ancient  prac- 
i  varicHl  ?  He  that  made  the  aUeration  sure- 
f  didtt  for  his  own  advantage  ;  and  then  every 
^11  men t  that  in  the  present  caae  is  only  co- 
"Fftbly  made  use  of^  in  thai  ifoiild  be  obvious 
I  natural^  and  be  applied  with  doable  force. 
\  He  that  acts  without  a  precedent,  acts  upon 
peril  of  his  own  judgnnent  t  But  be  that 
a^ainftt  precedents,  against  ancient^  con- 
liretit  tmiform  precedents  and  practice^^  is 
"without  excuse,  and  justly  to  be  suspected  of 
mme  ptuiicular  view,  in  the  lang'uage  of  the 
preaent  Articles, 

.     The  «irl  of  Maoctetfield,  when  be  was  first 

^ktrusted  with  the  great  seal,  foynd  the  suitors' 

^fcney  in  the  custody  and  care  of  the  persons 

f»lio  were  then  Masters  of  the  Court,  and  with- 

out  any  Jtecurily  >^veo  or  demande<J  for  it* 

He   coniidereil  that  his  predecessors  were 
m  ■ticeession  of  great  and  honourable  persons, 
*  equal  if  not  greater,  aa^picity  and  learning', 
i>hity  aiiil  ex^i^uijoec,  thsui  «ny  that  ever  had 
'  'lany  euuit;  they  found  the  Master*  in 
"  liou  of  the  suitors'  money  upon  the  same 
^bment,  and  they  i.  ft  tl/poi  so, 
I  it  proper  or  ji^  him  to  oppose 

l^le  opinion  to  tii  i  judgment  of  so 

iny  wij;e  an*!  ^eat  men  that  bad  £[one  be* 
biui?   Hurt'ly,  No.     Inconvenieoces   bad 
en  seen  before,  anti  rleticionrics  had  hap- 
nedi  and  tho^  deticiencirst  bad  been  sup- 
lied  by  a  voluntary  contribution  of  the  other 
listers  then  in  bcio}'*      ^Vhy  was  not  secu> 
fHy   then  demanded  r     And  why   not  all  the 
Offer  Mastertt  then  called  upon  to  bring  in  their 
||Beofinta,  to  prevent  the  like  defit  iency  lor  the 
^■hire?   If  that  method  bad  lieen  thought  either 
Hptdeot  Of  practicable,  n(»  doubi  it  would  have 
bfltii  ihm  inhna  t  \ui\  thift  livui.;  then  not  dooe, 
or  ever  liefbre  or  after  atiruukUni  to  l»e  done,  is 
m  good  argument,  tbu(  t  expedient,  or, 

It  iDsy  b«t(  poiaible  to  i^  '  li  aift  upon  the 

ringleautJioril^  of  one  Un  War.     And 

tfw(  theniifore  IS  a  j^od  exc  n  i    omission 

m  iic|^l«!Ct  tti  tliai  pftrticiiUr  lu  the  prcg eat  am. 


But,  my  lords,  it  is  now  objected «  that  as 
the  sums  of  money  in  the  Mtt?»ter*'  liiind4  are 
Ifreater  than  ever,  and  it  may  not  \ie  proper  to 
alter  »tbe  ancient  me  I  bod  ot'  the  Masiiers  re* 
ceivin^y^aad  keepintf  it  fi»r  tht*  suitors'  beneiil  ; 
yet  cirrater  care  out^ht  to  l*e  tnUt-n  ot  liie  per* 
Bons  to  be  admitted  ^la«iters,  upim  vacHOcies 
and  resiirnatuins.  And  therefi»re  uooiher  part 
of  the  Chart^e  against  the  bonfHimble  Eart  iiit-' 
peached,  is,  that  he  a|>poiutetl  persons  to  he 
M  sisters  of  the  Court,  that  were  not  proper  or 
sufbcient  either  in  substance,  knowlert^e,  or 
probity « 

These  are  said  to  be  u1 1  essential  retpiiHJtesiii 
the  character  of  every  ijood  blaster;  hot 
grossly  ne^ected  in  the  preaient  cane:  and  a 
reason  is  gtven,  or  (if  1  may  presume  to  say) 
rather  iu vented,  in  the  prfseut  case,  that  it 
waa  totbeadvantai^eof  the  Earl  impeached,  to 
put  in  such  unquiilified  persons  >  because  %och 
persons  would  be  drawn  in  to  g^ive  lar^^er 
prices  for  their  places,  and  consequently  tt  re* 
dounded  to  tbe  Earrs  aflfauta|§re. 

My  lords,  i  must  beg  leave  to  observe,  that 
in  the  evidence  that  has  been  jrittn,  there  has 
not  iK'cn  any  one  instance  proved  {or  at  lea«t, 
that  I  can  recollect)  that  any  of  these  Mastera 
were  really  insufficient  in  any  of  the  partirMbn 
objected  to,  at  the  time  of  their  respective  ad- 
missions into  their  ^^everal  oflices  ;  or,  at  leatt, 
that  the  nobl**  Earl  impeached  then  knew  that 
they  were  insufficient,  or  had  any  reason  to 
suspect  it  :  they  were  all  gentlemen  of  ijocmI 
tkmilies,  well  educsied ;  each  of  them  a  bar- 
rister at  law  (which,  I  submit  to  your  lord- 
ships, is  not  the  least  expensive  educaiion)^  and 
bad  all  visible  fortunes,  and  appeared  as  per- 
sons  in  very  plentifid  circumtitances. 

Even  Mr  Conway  and  Mr.  Thomas  Bennef 
(who  are  the  per^ms  intimated  to  be  the  leaat 
qtiali5cd  iu  point  of  fortune  and  substance)  har| 
at  tbnt  time  very  good  estates  in  their  poiwea* 
sions  \  Mr.  Bennt-t  hud  ttien  also  a  very  vahia* 
ble  otliee,  clerk  of  the  custikdien ;  bad  married 
a  lady  of  considctalde  fortune^  kept  a  coach 
and  decent  e*]ui|»aLre  in  t'tvvn  ;  wan  the  sou  of 
sir  John  Bennet,  though  a  younger  <;ou  \  and 
the  whole  I'amily  then  sieeiued  to  be  m  a  very 
prosperous  con<iition.  Mr.  Thomas  Bcnnd 
haM  nrovetl  to  your  lordships,  that  he  waa 
wortn  S0«000/.,  m  the  year  1720.  And  it  doea 
not  ap(>ear,  that  the  late  Lonl  Chancellor  waa 
ever  informHt  of  any  inciimbrancei  upon  bis 
estate  (though  now,  he  inys,  there  are  tft^sl 
ones),  ur  that  bis  circuinvtaocea  were  li^ss  at 
the  time  of  hn»  adinis«ton«  than  iu  tbe  year 
17^0.  Hurely  then  the  late  Lord  Chancellor 
had  at  that  time  no  reasou  to  su^tpect  his  betng 
unqualitiet)  m  (loint  ol  suhvtnnce. 

Mr.  C«»oway  had  also  ilmi  u  f  «rY  ifooil,  vi- 
t^ible  e«ls«e  in  land,  an  estate  of  <|  or  MnU.  m 
year;  had  been  receivei  ^Ttntral  of  ^rv^rat 
counties  in  Wales,  bad  I  bis  otfice 

punctually,  and  produn  .iriut  to  the 

Lord  Chancellor  betore  udmi3i«tqn. 

Mr«  Kynasion  had,  at  the  time  of  his  admis- 
■ion,  an  ostite  01*400/.  s  ytor  in  Uad|  limber 


1095] 


10  GEORGE  L 


Trial  of  the  Earl  qf  Macclesfield, 


[1096 


of  ?ery  consideraUe  ?alue,  and  a  penonal  es- 
tate of  3  or  3,000/. ;  and  moreover,  was  a  §ren- 
tlcman  of  a  very  g^od  family,  and  unblemished 
in  bis  eharacter. 

Mr.  Thurston,  I  think,  the  flrentlemen  of  the 
House  of  Commons  do  not  object  to  in  any  re- 
4     ^one  of  ih^ir  reputations,  in  respect  of 


their  Drobity,  have  been  called  in  question,  till 
their  late  misfortunes :  and  as  to  their  other 
personal  endowments,  their  good  sense  and 
judgment,  I  need  only  refer  to  your  lordships* 
own  observations,  upon  their  several  examina- 
tions in  the  present  trial. 

But,  my  lords,  great  stress  seems  to  be  laid 
upon  the  Masters  paying  foe  their  offices  out 
of  the  suitors'  money  ;  or  replacing  the  money 
JO  paid  out  of  the  smtors'  oooney. 

Suppose  that  was  the  practice  amongst  the 
Masters ;  does  it  appear  to  your  lordships,  that 
the  impeached  Earl  had  any  notice,  or  the  least 
information  given  him  of  this  practice?  Or  if 
he  had  known  it,  how  could  he  possibly  have 

Ereventeil  it?  Certainly,  no  oth«T  way,  than 
y  ordering  all  the  money  immediately  out  of 
their  hands.  And  then  another  difficulty  wouM 
have  occurred,  bow  that  money  should  have 
been  disposed  of?  Public  societies  would  not 
submit  to  be  under  the  immediate  direction  of 
tl\e  Court  of  Chancery  ;  and  no  private  per- 
son coultl  be  trusted  with  so  great  a  sum,  or 
give  security  for  it. 

The  Masters  of  the  Court  are  in  nature  of 
casbiera;  they  subsist  upon  trust  and  credit; 
and  no  security  can  be  expected  to  answer  die 
quantity  of  cash  in  their  hands,  more  than  in 
the  case  of  a  common  banker.  People  will  trust 
men  in  credit  with  the  custody  of  1,000/.; 
when,  if  they  proposed  to  borrow  100/.  on  se- 
curity, would  scruple  to  lit  them  have  it.  But 
the  objection  is  carried  yet  farther:  it  is  said^ 
if  security  could  not  be  expected,  why  were 
not  their  books  inspected,  upon  one's  trans- 
ferring to  another,  and  schedules  taken  of  their 
cffecU  ? 

To  this  it  must  be  answered.  That  the  Lord 
Chancellor  has  not  leisure  to  attend  this  duty 
personally.  And  what  other  person  can  be  ap- 
pointed more  tit  to  be  trusted  (as  an  inspector 
of  the  going-out  Masters'  accounts)  than  his 
successor,  who  is  to  stand  charged  with  all  the 
money  and  securities,  and  the  whole  effects 
trantilerred  ? 

Can  any  obligation  incline  a  man  more 
strongly  to  care  and  exactness  in  business,  than 
private  interest?  And  his  own  private  interest 
will  oblige  hiui  not  to  make  himself  accounta- 
ble for  more  than  he  actually  receives,  and  has 
transferred  to  him.  And  when  the  sucoeedbg 
Master  has  examined  the  eflTeots  of  his  prede- 
cessor, by  proper  schedules  approved  of  by  him- 
self, they  are  then  transfem.>d  to  biro  by  a  ge- 
neral order  of  the  Court,  and  he  becomes  ac- 
countable for  what  is  so  transferred. 

This,  my  lords,  we  humbly  submit,  has  been 
the  ancient  usage  aad.  practice  of  the  Court  in 
these  cases;  and  tkit  the  tame  method  was 
VMd  bgr  the  pMwt  £«d  impoMlMd,  tht 


eenany  way  injured  or  prejudiosd 
tended  neglect?  Or,  would  the 
e,  the  greatest  exactoeaa  in  thii 
ive  given  the  suitors  any  greats 
r  security  ?  Certainly  not  at  all: 
•  let  tlie  effecU  of  the  preceding  Matter  U 
er  so  carefully  and  justly  examined  and 
eduled,    and   afWr    that   trantferred,  and 


care  taken,  as  had  been  formerly  m  the  like 
cases  by  any  of  his  predecessors. 

But,  my  lords,  I  would  beg  leave  to  sabmit 
it,  that  supposing  it  to  be  possible  that  greater 
care  mi«fht  have  been  taken  by  the  hita  Lord 
ChancelW,  in  inspecting  the  schedules  and 
transfer  of  theefiecta  of  Masters  to  their  suc- 
cessors :  does  it  appear  that  the^  suitors  of  the 
Court  have  been  8 
by  that  pretended' 
greatest  care, 

particular,  have  given  the  suitors  any  ^ 
advantage  or  security  ?  Certainly  not  at  all: 
Fori  -  "      •' 

never 
scheduled, 

actually  delivered  to  the  succeeding  Mastarg 
has  not  the  new  Master,  to  whom  these  efiieds 
are  thus  carefully  and  justly  delivered,  the  stiis 
power  over  them,  to  manage  and  dispose  at  hii 
pleasure,  as  he  would  have  had,  inxase  sack 
transfers  had  been  made  with  leas  cautiaa  and 
exactness,  as  in  the  present  case  ? 

If  any  corrupt  agreement  had  been  made  hj 
any  new  Master,  upon  coming'  into  his  efioe, 
and  previous  to  this  transfer,  to  have  repaid  sr 
replacmi  any  sum  of  money,  before  bommei 
by  him,  either  for  the  purchase  of  his  office,  sr 
any  other  occasion ;  could  not  he  have  osib- 
plieil  with  this,  and  paid  it  out  of  the  suitor^ 
money  or  effecto,  the  very  next  moment  sAk 
they  were  transferred  to  him  ?  And  wouM  lbs 
previous  care  and  caution  in  any  degree  eb« 
struct  or  prevent  his  so  doing  ?  1  apprebsad, 
not  at  all ;  for  as  soon  as  the  Master  is  in  pss- 
session  of  the  whole  money  and  effects,  hen^ 
return  any  part  that  he  pleases  to  bis  pred^ 
cessor,  by  virtue  of  an  agreement  before  assdt 
for  that  purpose ;  which  would  be  as  mock  IS 
the  prejudice  of  the  suitors,  us  if  what  was  ss 
returned  to  the  predecessor,  after  a  trasafcr 
made,  had  been  retaine<l  in  the  first  instanoekjr 
the  predecessor,  and  never  actually  delivered 
over  to  his  successor. 

Therefore,  my  lords,  this  security,  as  !«•• 
jected,  is  but  imaginary ;  and  gives  the  suinr 
no  greater  advantage  than  he  had  before  ;  aad 
consequently  tbia  ought  to  be  no  ingredicfll « 
complaint  against  tlie  impeached  Earl. 

But,  iu  the  next  place,  it  is  strongly  urpi 
that  though  the  noble  Earl  during  bis  bi|^ 
offices,  might  not  have  leisure  to  attend  liMl 
occurrences,  or  regard  small  neglecto;  yet  the 
fifoing-offof  Mr.  Dormer  should  ha veawaksam 
him ;  some  care  should,  upon  that  attidiati 
have  been  taken.  If  what  bad  passed  belsia 
was  only  supineness,  this  was  a  wilful  ncgW; 
and  not  enquiring  into  the  state  of  his  UUk^ 
and  securing  his  fierson  and  efEscia  for  tka 
snitors,  was  concurring  in  dafraudiiig  thi 
suitors. 

My  lords,  this  waa  indeed  a  vemarkaUeto- 
cnrrence :  The  going- off  of  Mr.  Dormer  W 
unforeseen,  and  unsiispoeted  :  His  peiaoftWi* 
withdrawn,  and  out  of  the  power  of  tha  CsvM 
but  all  imiginabla  ewe  wasldkMi  la  noavw 


^for  High  Crhnes  and  MUdemeenori. 


A-  D.  ins. 


[I0»8 


le  two  senior  Ma*«ters  immetliatety  were 

to  ei](|uire  into  lii«  c^O'e^t^,  ipcure  his 

ioberi«,  fttid  |iiit  a  slf>|>  to  all  (rnOHlerB  ia  lit* 

What  more  poMibly  coulil  be  done  in 

tmenreticy,  hii  person  being  out  of  the 

cr  of'  tht  Court  ? 

propM«i»i  h  in»cJo  on  bin  liebalf,  tbftt  if  Ibe 
ChftnctfUor  woulil  4:in|j;a|;«  tliat  biA  liberty 
be  Kcured  to  bim^  be  would  return, 
diacdvtr  and  assist  to  %vX  in  his  efl'ecu. 
ia  is  thon^hi  reafioiiablet  and  lor  the  suitora^ 
It,  Atiil  accorthngiy  i-oinplietJ  with  ;  and 
>r«upon  the  uobn^jpy  ujan  returns^  and  not 
only  initkeK  U»c  best  disco? ery  of  bin  etfwts, 
ddiverfi  ;ill  in  bi#(  |iowcr  for  the  bencOt  of 
iUttora.     Could  any  tbinpf  bo  more  advan- 
iia  lo  the  s(titor4(>  or  cunlribute  more  to 
r  iiilerest  than  tbis  ? 

'Jm  im{»ea<!hed  Etrl  had  indeed  |»roiiiised 
»n  should  not  b«!  imprisoned  \  and  it 
if  a  beeti  iW  big^be^t  breach  of  fu  iih  lo 
w  «i«|iarted  from  it.  Had  not  ihnt  promip«e 
liocn  made,  Mr.  Dormer  had  not  relnrneil,  nor 
any  diacovrry  lK?en  maile  by  him ;  but  by  t}iis 
tatmM  tbey  had  the  beoebt  of  ibc  brsi  discovery 
'  \  he  bad,  ami  ib«  beat  asatstanoe  the 
I  ooabl  (five  them.  He  nearer  dented 
iraged  any  apfilication  that  wan  made 
tlie  interest  of  the  luilors  in  that  res - 
eiideato<ire«l  to  conceal  the  true  state 
aflectttand  ibe  omdiiion  of  bi^  office, 
■a  id  the  exprei^oiiM  iudiMeii  oti  to  detode 
the  auitor%  by  aayintf^  ax  iiai  been  objected^ 
tbat  M  r;  Dormer  waa  nnly  o'iint«  to  taxe  the 
nif,  nod  would  SOMi  rii  ugh  tbpse  ex- 
lyaaixma  have  been  ■(>  irtl  on,  in  ib« 
against  the  imji  ^H,  1  do 

'  that  tbcy  bat  L Aioftc:d  in 

\  mr  torda,  to  shew  that  the  impeached 
i  all  thai  waa  in  hit  power  lo  render 
Mnce  be  oookt  give  the  suitors ;  wben 
■!«  was  to  be  apfoinied  *  he  left  the 
I  of  the  office  to  ibe  direeltun  of  tbe 
And  Mr,  Edwsrda  gave  oo  tesa 
Moot  for  that  ciffice  of  ftlr.  Dviner'a, 
'l^Ms  wholly  applied  towards  the  makinff 
Doiency.     By  this  encjuiry,  Dormer^i 
\  was  secnr^  to  the  Muiton ;  and  it 
;tcd  by  the  fiart  himself,  and  by  Mr* 
t  whosocoeeded  Mn  Dormer,  that  the 
cy»  which  was  then  uncerUiop 
I  sun  plied  by  tlie  other  Mactera, 
I  ^htf  oeokf  be  eootifmed  in  tiietr  officea 
1 1km  M  eatthtUhneiit. 
^ni  msy  pot  be  improper  to  obaerre  farther  in 
^4i  cmtk  That  Mr.  Diirmer'a  deficiency  does 


Mr.  Dormer  hajl,  all  tbrretbre  thai  he  coub 
reifKire^  and  more  tbuu  con  Id  he  got  in :  For^ 
Mr<  Eduarda  applying  for  this   money ^  fonn 
Mr,  Wilson  not  afile  to  pay  the  whole  de 
and  thereupon  a  proposal  is  made  of  a  ooni- 
position. 

The  Masten^  nountderinor  this,  IhoujQrbl  propei^J 
to  pciitton  the  Liitni  C'hancfUor«  tbut  it  mt^fa 
l>e  referred  lo  the  senior  [blaster*  Mr.  Hiccr>ci(i, 
to  eJ(aiiune  and  rejiort^  wholber  it  wuh  for  the 
bcnetii  ot  the  pf-tt^ons  tnititledt  that  a  com  po- 
sition nhoidd  be  accepted. 

The  IVlastier  to  whom  this  question  was  re>» 
ferrcd,  report*  it  reasonsble ;  aud  an  order 
made,  wpoo  a  secMmd   petition   preten^d*  tbatil 
the  composition  abonid  be  accepted. 

This,  my  lortl«»  we  appMiend,  was  an  en- 
fl(9^'mK  in  ibiii  affair  with  all  the  zeaA  that  could 
be  de»»ired  ou  the  EarPi  j*art ;  no  evidenoe  of 
any  design  or  endear  our  to  eonoeal  the  de- 
ficiet¥cy  :  All  or  fiio«rl  of  the  Blasters  eonaulted 
upon  ibis  com^HfviuoM.  and  eonseiited  to  it* 
And  aa  tor  tboM*  that  were  not  parties  to  it,  they 
are  not  bouud  by  it. 

But  it  is  objected,  that  this  (ranaaction  waa 
private  and  clandestine  between  the  Masters 
and  llie  then  ChSEicellor;  not  carried  on  in 
ibe  usual  manner,  nor  any  notice  i^iven  to  the 
suitors  in  reality,  though  a  pretem^e  of  uncer* 
tain  notice  mentioned  at  the  bottom  of  the  order* 

My  lorda^  we  hope  this  cannot  atfiHtl  Ibe 
noble  lotd  within  Ibe  bar;  it  is  the  duty  of  the 
Chsncellarto  pronounce  orders  in  Court;  but 
it  ia  the  care  and  duly  of  the  solicitors  or  clerks 
in  Court  to  see  ttiem'itrawn  up,  entered  and  re- 
gistoreil,  in  proper  iimeand  form. 

Thesni^tanceof  the  order  is  pronouoced  by 
the  Court :  the  Jorm  is  the  act  ol  the  Hegi^iter  ; 
and  the  Ch:ince1lor  c»n*t  have  leisure  to  attend 
the  entries  of  all  bt«  ofHcers. 

Fourteen  hundred  )>oun<h  were  paid  id  U|>oii 
this  composition ;  1,000/.  has  beei  hronght  in 
since,  out  of  Foulter's  effects:  so  much  bs* 
been  secured  at  all  events  by  this  eompositUiBt 
and  the  suitors  bate  recpif  ^  the  benrBt  of  tt* 
Have  the  geutlemeo  on  the  otlier  tide  shewn, 
that  without  this  eomposttion,  any  tiling 
could  have  l»een  secured  to  the  creilitors  tn  ge- 
neral or  that  any  other  credit<ir  has  obtained 
more  adraotageotis  terms?  It  was  said,  in- 
drei),  that  other  creditors  had  received  their  full 
demands :  hot  I  submit  to  your  lordjtbips,  thai 
no  proof  has  been  made  thereof,  only  an  uuoer- 
taia  bcmr-ssy  of  small  sums  iteut^  to  j^^ive  him 
new  ctedil  al^er  his  firnt  ttUctrudiofr.  But  when 
the  ^MNlipOsiuofi  waa  mailc,  a  good  debt  was 
■nhiiilmg  to  Wilson  from  Uoulter,  and  jU'lg- 
tne»t  obtained  against  him,  ami  be  eommUted 
to  the  King^^beoeh  prison  tn  exeeitlMiD.     The 


insralial 


him  to  iracitpe ;  ihereupoo  aa 


is  brought,    and   jodgment  omii 
the  msrahaL  lor  his  im^pe;   nnd 


agninst  the  msrahal, 
l^ieih  the  marslMl  li 


lri>gtb 
to  avoid  mftkinf 
What  a      ' 


cacape  \ 
Is  ran  oitl  «>f  the  hi 
sstM<f  ^x  tioo. 


:;x 


this  mmlbniios,  and  prtf  ent  Ibr  joit  I 
ai^  of  the  £nri  tn  do  the  siiitom  «U  Ibe  ji 


Trial  c/the  Earl  of  Macdcxfield^  [1 100 

that  lie  had  not  (j^iven  full 


had  preTaricated  with  the  Court ;  yetlbe  bM 
extremity,  the  comiDittioQ:  bin  persoo,  and  or« 
derinof  payment  in  an  avera&re,  was  not  thaii(|;ta 
of,  till  it  was  certainly  known,  and  be  bad  ac- 
tually confeased,  that  be  had  not  aiseta  to  pay 


1099]  10  GEORGE  I. 

in  his  power  I  But  to  whom  has  h.e  ^^^  ^^' 
fectire,  if  all  prudential  steps  have  been  taken  ? 
It  is  hard  that  he  aliould  answer  tor  the  conse- 
quence, that  he  could  not,  it  was  nut  in  his 
power  to  prevent. 

But,  my  lords,  in  the  15tb  Article,  it  is  ob-  ,  ^  _    - 

jected  to  the  impeached  Earl,  That  to  carry  on  |  the  whole, 
his  tinjust  purposes,  in  concealing  Dormer's  i  In  the  present  case,  Mr.  Donnerwas  en- 
deficiency,  m  February  1720,  he  ordered  the  mined,  discovered  bis  estate,  assigned  the  wbair 
Masters  to  bring  in  their  accounts  of  their  cash,  i  in  trust  for  the  tuitors,  hut  died  before  the  oh 
effects,  and  securities ;  not  with  a  real  design  !  quiry  could  be  perfected, 
to  e.xamiue  the  accounts,  and  secure  their  ef-  |  In  Dr.  Eddisbury's  case  the  <»llier  Haitoi 
fects,  but  to  terrify  them  into  a  contribution  ;  i  contributed  at  first  to  supply  his  deficiency,  ■ 
and  threatened  that  the  cash  should  be  taken     they  since  did  in  the  case  of  Mr.  Dormer:  wl 

this  without  doubt  was  so  done,  io  hopes  Ikl 
bit  effects,  when  fully  discoTered,  wooU  ii 
time  proTe  sufficient  to  answer  all,  or  nmchttl 

S-eatest  part  of  the  suitors'  demands :  And  Itai 
r  both  cases  are  parallel,  and  orders  made  fir 
payments  to  the  respective  suitots  in  gcMnl 
as  they  applied  for  them.  And  no  arenge  «■ 
directed  in  the  case  of  Dr.  Eddisbary,  tillit  i^ 
peared,  even  by  his  own  confeasioD,thathii«- 
sets  were  not  suflident  to  make  good  the  mh 
tors  whole  demand :  and  when  the  qoantnatf 
the  deficiency  was  known,  payments  werediiert* 
ed  by  the  Court  to  be  maue  m  average.  6i^  ■ 
all  probability,  in  due  time  the  like  order  wmU 
have  been  made  in  the  present  case:  bntiM 
could  not  possibly  be  done  till  the  viIm  tf 
Mr.  Dormer's  effects  could  be  known  and » 
certained,  in  order  to  fix  the  pronortkNi  Is  k 
paid,  in  ayerage.  And  this,  my  lords,  tetUi 
time,  through  the  many  accidents  befbre-OMi- 
tioned,  it  has  not  been  possible  to  efifed:  vi 
therefore,  the  not  directing  payments  in  anm- 
rage,  cannot  be  reasonably  objected  to  the  pjV- 
sent  impeached  lord  as  cnmiuaf:  bis  inlenlai 
throughout  the  whole,  appears  to  be  calcaM 
for  the  service  and  benefit  of  the  suitors  oTA^ 
Court  alone,  without  any  prospect  or  poai^ 
lity  of  advantage  to  himself.  His  design  «■ 
to  procure  every  suitor  full  satisfkctum  for  bii^ 
mand :  and  if  nothing  had  happened  to  inlenifl 
so  just  a  design,  it  is  possible  tnat  his  great  sv 
for  the  public  good,  and  bis  indefiti^able  ii- 
dustry  might  iu  due  time  have  bad  their  dflMni 
effect. 

But  greater  powers  have  now  interposed,srf 
this  difficalty  beiug  found  to  exceed  the  wgk 
authority  of  a  Chancellor,  may  be  tboagfalV 
deserve  the  greater  power,  care,  and  wt'wSmi 
the  legislature. 

My  lords,  what  afterwards  happened  n  Ai 
case  of  Mrs.  Chitty,  is  in  part  answered,  ii 
what  has  been  observed  noon  the  last  Aiticbl 
and,  I  humbly  apprehend,  that  a  plain  MHi* 
tiveofthat  fact,  will  be  a  sufficient  ansircrli 
the  objection  that  has  been  made  in  this  i  tip** 
The  earl  of  Macclesfield  having  no  oertaiB  •»■ 
count  what  cash  of  Mr.  Dormer's  ttaaMM 
his  successor  Mr.  Edwards's  bands,  madesidtf 
for  payment  of  suois  of  money  from  (mm|! 
time,  as  application  was  made  in  Coort;  tfj  ■ 
particularly  to  pay  Mrt.  Chitty  1,000^  pirt"  | 

11/XX»/.  of  ber  inoney  which  iwd  bea  fc«MC 
irtttCtirtiaMr.DotMcttiM,  lbi.a>| 


out  of  their  hands  if  they  did  not  comply  ;  by 
which  means  he  got  nine  of  the  said  Masters  to 
contribute  500/.  a  piece  out  of  the  suitors' 
money,  and  then  no  farther  proceedings  were 
had  upon  their  accounts. 

My  lords,  one  would  have  thought  that  these 
proceedings,  which  so  plainly  tended  to  the 
good  of  tde  suitors,  could  not  by  any  artifice 
have  been  intei'preted  to  their  prejudice. 

In  February,  1720,  the  late  Lord  Chancellor 
(finding  Mr.'Dormer's  deficiency  like  to  be 
greater  than  at  iirkt  it  was  appreliended)  was 
willing  to  look  into  the  state  or  the  accounts  of 
the  other  Musters,  to  guard  against  the  like 
misfortune ;  and  at  the  same  time  proposes  to 
tliem  to  advance  money  to  help  to  pay  Mr. 
Dormer's  deficiency.  Five  hundred  pounds  a 
piece  is  raised  by  nine  of  them,  and  apniiefl 
accordingly  ;  the  last  of  these  500/.  paid  in 
August,  1721.  And  upou  the  7lh  of  Novem- 
ber, 1721,  a  second  letter  is  written  to  hasten 
these  accounts,  and  every  argument  used  that 
could  be  thou<;ht  likely  to  induce  them  to  it : 
but  the  labour  proved  too  difficult,  and  the  pur- 
suit was  forced  to  be  given  over  till  a  more 
convenient  time  and  opportunity  should  pre- 
sent. What  was  d(»ne  in  this  instance  also,  I 
beg  leave  to  say  likewise,  was  following  tlic 
example  of  another  )^eat  man,  in  the  method 
he  took  in  the  case  of  Dr.  Eddisbury,  and  that 
has  some  circumstances  less  favourable  than 
the  present:  Dr.  Eddisbury  was  always  in 
town,  or  at  least  within  the  reach  or  power  of 
the  Court,  and  yet  his  person  was  not  secured 
for  many  years  after  his  first  failure. 

V\m\  the  29th  of  January,  7  Annoc,  there  is 
an  onler  entered  in  his  case,  (the  only  one  we 
can  find  on  the  file)  for  Dr.  Eddisbury  to  de- 
liver up  his  effects  to  the  two  senior  Masters : 
it  recites.  That  Dr.  Eddisbury  had  several  sums 
and  securities  for  money  in  his  hands,  and  that 
several  orders  had  been  made  for  money  out  of 
bis  hands,  which  were  not  complied  with ;  and 
that  he  declared  himself  not  able  to  pay ;  and 
that  his  accounts  given  in  were  not  full :  it  is 
therefore  ordered.  That  in  four  days  time  afWr 
notice,  he  do  account  to  the  several  Masters, 
and  deliver  in  to  the  said  Masters  what  be  hath 
iu  band,  and  the  report  to  be  taken  in  ten  days. 

My  lords,  by  this  order  it  appears  that  JDr. 

Eddubury  had  several  orders  made  upon  him 

for  money  to  be  paid,  not  in  aTerage,  for  0oine 

iffiM^iMtdtfaQitonbti  McompMairilh)  mA 


^f  High  Crimei  and  Mudemeanors* 


tbit  to  iVIr.  Lockrnaii,  Mr.  l^ockman 
iu  Mr.  Ed**ar«l3*,  ihc  ju'cseiit  MaRlcr,  for 
Hi,  and  iH  thtfre  iiL«ii|i[joinitHl  uf  liis 
then  he  aj^ulie^  to  ilie  Lnnl  CUaiif^l- 
ll  repre»«?nti*  llie  jjrt"^^  .litiealbcy 

Hi  untler,  ittai  the  i  1,000/  to 

ilifti  jimcture  of  uuie.  ^vuuld  he  of 
ierrlct!  ti>  him  thuii  the  whole  money 
te  at  ikay  future  tiny  ;  ibat  this  sum  of 
V  if  iiuiiiodialL'ly  advanced,  viould  make 
ihtor^  fQ^y  ;  Bnd  \»Uhaut  it,  he  iHMst  in- 
y  be  thrown  intf»  a  cuol* 

f\n\  1o;  d<:,  wtf  siiitl  be  &b1e  to  make  out 
!  [Vlr.  l*ocknun,  upon  bi»  exu- 
i  >i  it,)  nud   the  late  Chuncellor, 

|]tii:e  ctftnuHSiiioii  and  charity  to  thi«  j^en- 
I,  and  beiieviiitr  bi«  circumsinuces  lo  be 
r€|>r('seiitcd  them,  pays  liim  the  moiiey 
hU  uvtn  (tucket ;  aiid,  at  the  sunie  time, 
%  after,  told  binif  that  be  must  e]^|iect  no 
from  him,  but  must  wuit  till  Mr,  Dor- 
r  '  '  'itjld  l>e  50I  in,  <»r  the  moQey 
I  ed  bome  other  way. 

u  *«jjn.iion  can  be  reaionahty  innde  to 
fi  of  I  b«  i n t  peac  hed  Earl' s  co o'd  u c  t  ?  To 
m  suitor  in  distre«*^ ;  to  extend  a  chari- 
xu  10  rescue  him  from  I  he  very  ^^ates  of 
o  just  optiniiit;'  to  receire  him  ;  if  this 
lime,  and  to  he  objetitetl  to  him  by  the 
enon  who  now  enjoys  his  liberty »  as  the 
ihis noble  kud'9  generous  but  uiuteserred 
f,  1  must  not  pretend  to  say  that  be  has 
virtuev. 

be  contrary  1 1  hope  it  will  abundantly  ap- 
r  your  lonJHbi{>ft,  even  from  tbia  itisutice, 
Di  the  w  holesicriea  of  tliis  noble  lord'^  con^ 
bat  he  firrnl  v  belief  ed  that  all  the  suitor* 
pourt  would » in  due  time,  be  made  easy, 
holedenmr^  '  -  1  Ti?  good  to  them, 
ifhole  hiii '  f  astera  ai  cbecr- 

'"^^•1   in  tL.-  ^« ./..  .ic^sig-ni  and  con- 
rousjy  tu  support  the  honour  of 
I..  I,  ^:.  1  ilietuieiveN   ii  istiinr*'  ihnu  pro- 
liattbe  ftiiUir*;  Hoiil  have  had 

occanioti   of  coi"^  ^     nor  your 

|ic  the  trouble  of  iWis  proKecuiion. 

for  tliifi  end  that  the  jVUaters  were  so 
Mklled  upon  to  make  a  reationable  <*outri' 
and  all  arg-uments  made  u^c  of  tliat 
ifither  pemuade  or  terrify  them  into  a 
^ce,  in  making'  the  Bmtor«  e^ay^  until 
id  or  methiHt  could  be  foiuul  out  to 
irniire   Natisfjicliou,      I^loht  of  the 
think  all  butoue,  were  couf  inced  that 
a  rea«fijTiabie  and  just  pro[i09al^  aod 
•d  a  reftdnirsa  to  come  itHo  it  \    and  it 
this  purpose,  that  Uiey  were  bid  to  coo- 
f  thf  *  .Miviini«aiii-»  of  forfeitingf  their 
in  parbarijL'ut. 
v^tit  \\H%r  arij'umeola 
andpresMrtJ  up<  I  crsrWbo 

fit  h^  thpir  couij  .   !)U0er  by 

''i'  Chuuot-lior  himM.'lf:  he 
to  Nerire,  n<»  inulinutioo  to 
but  a  jLia  zril  ittr  tb^  putdic  gttod^ 
;coeroua  conci£m  lor  tbr  |fr(*'«i  bt!>i  that 
.•  to  hap^  to  ilac  iiiitofi  of  tlic  court. 


A.  D.  1725. 
his  figoroui    iDlerpdRiikio 


without 
aisitiiiice. 

Thin,  mj  lord§,  I  humbly  hope,  apnean 
to  lie  the  sole  and  just  principle  upon  whicb  ihia 
noble  lord  hat  founded  all  Ins  desif^ujt  and  ao* 
lionSf  to  reatore  itie  credit  of  the  Co utt|  whtelt 
had  been  jfreatly  injured  by  other  men*5  ilicoti- 
duct ;  to  procure  the  fuitors  in  j^euerul  the  beft 
sair  ♦'-"-:  ''ut  could  beobtHined  ;  not  partmlly 
prt  t  ■  to  another,  but  endeavouring  to 

do  L... ,r  o„.iijr  full  and  equal  justice  iu  order, 
as  their  complaints  were  brought  before  bim. 

As  to  the  expressions  proved  to  be  made  use 
of  by  the  impeached  Earl,  in  the  case  of  Har* 
per,  surely  tney  can  have  little  weight. 

Can  it  be  imagiued,  that  after  so  many  tran- 
sactions had  happeneij  iu  the  Court  of  Chan« 
eery,  in  relation  to  Mr,  Dormer's  mii^fortunevf 
ancf  the  i^reat  losses  that  were  like  to  happen  li» 
the  suitors  thereby,  the  then  Chancellor  nimself 
should  be  the  only  person  that  had  never  heard 
(»f  it  I  and  eveu  after  such  time  as  be  had  been 
endeavouring  to  find  out  means  10  remedy  so 
great  an  evif?  Could  auy  man  oi^  leiis  sagacity 
than  h*?  must  be  allowed  to  have,  coocpitc  that 
he  could  be  credited,  even  in  the  Court  wherein 
he  presided,  iu  sayiog  (as  it  is  now  represented), 
that  he  was  a  perfect  stmntfer  to  the  afiair  of 
Mr.  Dormer ;  that  he  had  heard  nothing  of  it, 
hut  as  idle  news,  a  flying  report,  that  might  be 
true  or  false?  No,  my  lords,  that  eertainhf 
could  not  be  bis  mtentioo,  in  speakinf^  the  woron 
that  are  said  to  he  uttered  by  bim  ou  this 
occasion. 

But  when  a  piirchaaer,  under  the  decree  of 
the  Court,  that  had  paid  bis  money  in  to  the 
Master,  and  retjuired  uiscotiveyances  to  be  exe- 
cuted, could  not  procure  ihe  parties  interested 
to  execute,  without  aciunl  pa^meut  of  the  pur- 
chaae-money  to  them  at  the  time  of  tlie  execu- 
tion, and  that  money  was  stmk  in  Mr.  Dor- 
mer^s  liuuds  ;  this  first  brought  the  deticiency 
of  Mr.  Dormer  in  judgment  before  bis  lordship ; 
and  it  was  the  ftrtit  titue  it  came  regularly  be- 
fore him  in  judgment  Upon  this  he  declared. 
Tint  then  it  wna  u  proper  time  for  him  to  make 
a  strict  enquiry  into  this  matter;  be  could  not 
properly  enter  upon  this  enquiry,  upon  the  uri- 
certain  reports  ol  persons  about  the  town,  or  upou 
any  private  conversation  or  information  that  he 
might  have  received,  and  possibly  might  have 
the  expression  of  common  talkers  of  news; 
but  now,  that  it  came  judicially  before  him,  he 
would  thoroughly  ejtamine  into  the  wholo 
matter,  and  cndeaTOur  to  apply  a  proper  re- 
medy. 

Tbi^,  my  lords,  we  shall  prove  to  be  the 
occa^tiuu  and  miuiner  of  the  8|>ejikiiig  IheM 
words,  by  persons  that  were  then  prretDt  in 
Court ;  a»d  thi«  happened  but  fn  DecetDber  litl 
was  twelve- month  ;  and  accordingly  it  was  or*  ^ 
dered  to  l»e  put  under  the  immediate  e^uimina* 
tion  of  Mr.  Edwmrdi,  who  succeed eil  Mr.  Uoi^ 
mer  iu  the  office,  and  who  must  ihcreibre  be 
fliloiittcd  to  be  the  most  proper  per*.oo  tu  perteot 
that  enquiry,  and  ahKi  liecttttie  ti^  yi *«&  n\^«.  ^:»a<^ 


1103J 


10  GEORGE  I. 


Trial  of  the  Earl  ofMacde^fidd, 


[IIM 


[  hfti  been  wantino^  to  proceed  as  far  as  be  iu- 
i  tended  in  tbat  necessary  work. 
I  My  lordSf  though  by  tliis  time,  it  cati't  be 
[f  rtftooded  but  the  laie  Chancellor,  as  well  as 
r#rerj  other  penon  helon^in^  to  the  law,  must 
f  know  of  Mr.  Dormer***  deficiency ;  yet,  1  he- 
llteve,  that  none  bad  then  di»oorec0d,oreveD  ima* 

Sned  how  great  it  was ;  and  that  even  his  lord- 
ip«  and  most  other  persons,  were  persuaded, 
I  that  whalever  should  appear  to  be  wantincf  fn 
^'liia  own  effects,  would  be  supplied  by  the  other 
f  Mattera  ;  ov  some  other  meiliod  would  be  found 
l«ut  to  prevent  nny  real  loss  to  the  suitors ;  and 
]  In  Tiriueof  I biHpersoasiyn,  orders  were  made  for 
l^ay  men  t  of  money  to  the  suitors,  as  they  ap- 
1  plied  for  it^  witliout  directio|f  an  avera^. 

This  is  exclaimed  against  as  contrary  to  all 
I  €(iuity ;  some  to  have  all^  and  others  to  lose  aH^ 
ilrlieo  they  were  all  to  be  paid  out  of  one  oum- 
j  Bion  fund. 

My  lords,  had  it  been  proved  to  yott,  that 
^Whe»  these  orders  were  made,  it  had  te^slly 
ppearedto  the  then  Chauc«IJor,that  Mr,  Dor- 
ner's  effects  would  at  all  events  [»rove  detiotent, 
land  that  no  way  had  been  forespeu,  whereby 
that  deftctency  could  have  I»ero  supplied  ;  I 
most  admit  this  objection  would  hare  been  verv 
■Irong:  And,  in  that  case,  lu  have  ordered  full 
paynientto  those  suitors  who  first  applied^  and 
kft  nothings  for  those  that  came  after,  would 
bare  t>een  a  mauife*»t  psrtiulity. 

Hot  this  IS  uot  the  present  case.  When  the 
k Court  ordered  the  first  payments  to  1h«  made, 
Ht  does  not  appear  iu  proof  (as  [  humbly  appre- 
P^end}^  that  there  would  at  last  beany  certain 
E^eBciency  in  I^Ir,  Dormer*^  etf'fct^,  or  st  least 
SBo  pfettfoce  of  jud^'eng  how  grent  that  defi 
K^ency  was  like  to  be.  And  cuns-qtiefitl y,  the 
lyayment  of  the  whole  demand  to  i3te  nuitora 
l^ihat  tirst  applied,  does  not  necessarily  infer  that 
T  the  re  would  he  any  loss  to  those  that  came  alWr 
PBis  etftfcts,  upon  farther  enquiry,  might  pos- 
hbly  come  out  to  be  more  than  were  at  ^rst  disj* 
poovcred  *,  they  might  pro¥e  sufficient  to  an- 
swer «ll  demandti:  or  in  ease  the  deticiciicy 
was  not  very  great,  a  inoderaie  contrjbniion 
from  the  other  Masters,  or,  it  may  be,  a  rea- 
sonable addition  intended  to  be  made  to  that  by 
the  Chancellor  himself,  would  have  supplied 
^'tliat  defect.  Aud  that  this  was  really  mtended^ 
il  apprehend  that  the  evidence  already  given 
[does  ahundanily  demonstrate, 
\  Another  oh)ection  hits  been  made;  That  very 
r«reatsumsol  money  bare  been  deposited  in  the 
r  Masters'  hands  wiinout  anjaecanty  ;  and  that 
fiome  proposals  have  been  made  lo  the  noble 
'  £arl|  for  securing  in  some  measure  those  great 
[  9ums^  and  preventing  the  Masters  having  too 
I  i^reat  power  over  so  g^rest  a  cash. 
f  Mr.  LighllMfun,  one  of  the  present  blasters, 
P§rst  mtniione*!  the  proposal;  he  had  before 
r  communicated  it  to  Mr.  tloHbr^l,  The  Chan* 
Heelior  received  it  kindly  ;  desired  him  lo  re* 
r  iyce  it  tnt«  ^•riting' ;  took  tim«*  to  consider  of 
.  k,  and  frequently  talked  with  him  about  it ;  aU 
[irays  skewed  an  earnest  desire  that  this  might 
I  tfOHM^  but  tboiigfat  the  proposed  sohetiie  not 


\ 


effectual.  Many  conanltiUiao 
ihifl  proposal;  at  last,  he  mmoMQt  «U  ifci 
Maittersof  the  Court,  the  RegisteratlbeUJMt, 
an<l  other  officers  of  the  Coiirt ;  obtaiiis  Um 
IViour  of  the  Master  of  tite  BoUs  to  ja»  «ii 
liim  and  them  in  the  geneni  rmrifihatkij 
anil  every  one  expected  some  -  -♦ 

luiiou  would  have  been  made  u^  ^J 

atfiiir.  ^ 

But  the  Master  of  the  Holts  tli«ii  takiap» 
tice  til  at  there  were  other  things  in  the  Cma 
that  required  a  relorniattoti  as  well  M  this;  Hi 
taking  notice  that  the  ^Iasiti±rs  in  ChaiJcer|bl 
lately  assumed  lo  theniHeives  a  (lOwer  ot  j^i' 
catnre  in  the  Court,  in  oppoaiuoo  lo  him;  » 
sisted,  that  this  pretended  power  of  judiam 
io  the  Master^  ah  uld  be  g'iveii  up  by  t^ 
before  be  would  outer  inta  Ibe  dctiale  of  ii 
other  question* 

Mr,  Lightboun,  upcm  wlio€«  original  pisf* 
sal  this  great  assembly  was  convened,  naJtt 
first»  if  not  the  otdy  person  that  oppow^  tk 
reliiiqiiishiohC  this  new  tMUnaed  power,  lb  ' 
he  knew  the  conseqneuce  wnuld  he  the 
struction  of  the  other  proposittott  which  hii 
had  made. 

He  preferred  the  aSectatton  of  ihia 
judiditure  in  his  uHice,  more  lUan  the 
of  ull  ihe  suitors  ;  aud  upon  this,  the  ip'eitft* 
pectation  of  this  solemo  meeting  was  6i^ 
pointed,  aud  nothing  done. 

What  could  a  l^rd  Chancellor  do  more^iM 
hiis  the  honour  of  the  Courts  and  tbc  aitteiwt<f 
the  Huitor«  tlie  most  at  heart  ? 

Mr.  Ligh  bonn  him»e1f  telU  yaitr  birdilMi^ 
that  after  thii;  \ii»i  .it tempt  proved  uniuoccant 
he  began  to  think  there  was  bat  aoe  ttollr 
lord  in  the  wotjd  that  had  aufficiMiii  spintA 
uiulcrtakeit. 

But  during  all  this  tinne.  noihtwsr  hii«l  l>^ 
pened  to  give  the  late  Chaoc>  "  »» 

lousy  ur  suspicion  of  the  dr  i 

the  other  Masters.     They  rr 
often  declared  they  were  sun 
huve   thetnselvejf  sworn,  up^Fn    i 
th*'ir  accounts,  that  U>ey  were    : 
giMjd  the  balance.      The  noble  Ea. ;  ,;i.,.*-.^- 
sincerely  thought  they  wero^a ;  aodtbeieM 
when  their  accounts  were  brouf/ht    lo  htnll 
order  to  be  laid  before  the  con  ^ 

to  his  majesty  ^s  gracious  oom 
that  was  in  his  power  or  ca|»a« 
that  good  design,  and  make  tt  sis< 
ordert'd  the  Masters  to  speed  th*'4r  ii* 
and  when  they  were  brought  hefure 
observing  that  tlie  senior  Master  bad  uaikt' 
written  his  account  in  a  full,  and  pjain,  tal 
more  direct  manner  than  tb«  other  Hailici 
had,  be  tcdd  them,  he  liked  tlie  |(M'id  wkidi 
Mr.  Hoi  ford  the  senior  Naslar  bad  used,  la) 
tliought  il  a  proper  precedeal  lor  therasL  Haf 
all  com^diod  without  hesitation  or  aljedlsst 
no  one  pretended  they  had  not  sufficumi  tk* 
in  their  hands  to  make  good  their  ttatanoa ;  wfA 
accordingly  s^ubscribed  lo  it^tbat  they  weft  lik 
and  willing  to  make  good  their  respcdiri  bl« 
lanoes  ;  or  lo  the  likti  deot. 


J 


1105] 


fur  High  Crimei  and  hfUd^mmmru 


A.  D-  1725 


Can  i1  be  itDft^tned,  (hAt  i\m  so  fAtr  nn<l  can-     manner  ;    ami  tbe 
4i4  a  tntnsftciiun,  ititciitjed  for  ilrie  i»ti«raction  ^  beipliteneil     every 


i^M*  the  cottncti,  ami  liiu  i^nod  aecurtly  of  tbe 
HpiloTi,  can  by  utiy  imant  b«  blerpr«letl  an 
^^baiKisttioii  iipoo  \%i%  mnjeslyf  by  tUe  late  Cban- 
I^Blftl<»rf     It  waa  Tor  hit  miijcUy'x  service  that 

^■le  ar  *..Kib|  be  laitt  '  Iv  be- 

sabjtfCli*  CDi.iiif  y  in  ihe  Mtusters*  hauti»  wiig  ge^ 
jiij  w.^'iii-  t^"  If  acktiowle<l{^fnefii«  uuiler 

.  J'lr  knew  no  inorethnn  any 

ireii  ot  tlie  bfjnourahle  pr  d,  qv 

m}i^%s  biinM;ir,  tbut  ibis  <l  u  was 

;  anJ  Iherctbre  it  was  <v|Uaily  au  jni|»Oftt* 

ujioii  bim  auil  them  ;    but  no  frauJ,  no 

•  III  lb«  Cbancfitor  bimi^ir;  wbicb  is  tbe 

Ijecljoji  i»o\v  iii»(te  fi^aititt  bim.     Anil  indeed, 

J  ol'ibe  51(isterfi  which  httvel*eeti  now  ex- 

ntntd  bttbre  yuur  brdithipSf  have,  ujion  their 

Dce,  de<7|arc«lj  that  tbt  subscnptions  thus 

I  to  ibeir  atrt^oiitita,  were  line,  and  tlial  in 

bpy  hare  ^iren  good  and  f tfecttisl  aecuri- 

to  answer  ihe  rcspectiTf  balances  of  their 

tils. 

w  bard  a  work  this  regulation  of  tbtK  great 

in  the  Court  of  Cbariccry  wai»,  Uie   Idle 

D4)e  has  shewn  ;  and  a  total  reforniottun 

ereaftcr  t^ould  have  prored  mure  diffi- 

viithoul  tbe  prudent  and  caulious  prepa- 

n,  which  the  noble  Karl  within  thi;  bar  has 

iefbr  it,  and  which  in  dae  time  he  mif^ht 

!  been  able  to  effect. 

Itust  my   hirds^  i  h;tvc  ende.ivoure<t  (but 

ry  impei'tecUyt  I  am  i«eiisiblc»  and  coikfu^ed- 

what  occurs  to  nte  in  the  impeached 

ilf.     I  ask  your  tord^hipsi*  pardon, 

iii>i,  UK  lakini^  up  so  rnucli  of  your  tune  so 

'^^ftlalily.     \\\\,\\  omissions  I  have  made,  I 

^not,  Hill  lM;supplied  by  tbe  several  learD* 

t^mcn  thiit  are  to  speak  alter  me. 

ihiH  VI  rv  trrfMt  sLii^rsirtiiiii,  that  be- 


>i^,  or  any 

I  V.  ^  ^^^^  inca- 

r  oi  the  advocate  ou  tiie  one  side,  nor  the 

aaily  of   tbe   proaecurion  on    the  other. 

Macts  4rc  proved  before  your  lortUhipSi 

vations  can  be  equally  instructiut;  as 

And   u|}on  the   evidence  given, 

ahifia  witl  undoubtetlty  tbrm  a  just 

MJifiuent,  I  ^     1  '  I  ueto 

,  1  u(»eacli«d  i  !iy  of 

I  t4ic  viruciei  eJthibiteu  a^munt.  imiir 


« -    \i..  ».^r.    } 


likewise  of  coun- 
uitwluit  trnprOfier 


^   lu  a  prDocedin^  uf  so 
>^n  to  the  profe«6ioD  in 


I  shu 
diftp 
ch  1  am  bred :     l>ut  oi  the  vt*ry  i^^reat  obh 
1   l;:i%r  to  tbc^-  Eutl^  previid  OU  me  so  far 


jlbrv' 

House    of 
~%amipLion  and 
VOL.  XVI, 


w  uiiHintb«,  i  hope  Uiey  witti 
H,  lo  t)i*;ufl>e  it. 

i  xKiliitird  by  the  honourable 
L'omtiions,  cbarffo  him  with 
estortiuu  m  the  most  oJious 


learned  Mana^ra  bava 
circumstance  with  this 
turn 


irredtt^t  urt  and  elof^uence ;  every  ill 
which  litft  acltooS)  bin  words,  hiK  very 
alona  could  be  imagined  capablt;  to  receive, 
hath  been  jBTiren ;  suspicions  and  jealousies 
hsv    ^  si*d  J  and  every  con»Jderalion  for- 

(foi  lild  interpret  them  in  bis  favour. 

TiuA,  %uy  iords^  was  ttieir  duty,  as  Mnna- 
gfers  ;  and  thnngb«  by  some,  unUerlakeu  with 
reluciatjce^  yet,  I  may  fcnlure  to  iiay,  it  baa 
been  pcrtornied  by  alfvvitb  jfreat  success  and 
reputation. 

But  however  unanswerable  their  eloquence 
msy  be,  we  hope  to  be  able  to  defend  tbe  Cart 
aifftiiist  tbe  facUthey  have  aile^'4  ;  and  shew. 
that  they  were  either  not  done,  or  done  with 
innocence  and  honour.  Against  mere  im;i^i- 
uatioasr  nothing  can  secure  hiiu,  but  your 
lords  hi  (is'  candour  and  ju^tica. 

The  words  orpbunsi  and^  widows,  and  luna- 
tics, bare  been  employ  ed  to  ruise  tendertiesi 
atid  com  passion,  and  arm  your  lurd*^bipb  sgainst 
every  argovnent  wbieh  we  i.*an  ofter.  Well 
was  it  commanded  by  tbe  Jewish  Uw,  Not 
to  respect  the  person  of  tbe  jKior,  in  his  cause; 
knowmg  tbe  disposition  of  human  nature^  ami 
the  necessity  of  ^niarditi^;  u.iiuM  thii*  lye- 
nerouB  weakness.     Tbi«  cair  :   paili- 

cularly  to  be  remembcTcd  b)  J  eu,  who 

are  allowed  to  be  more  subject  to  au  cjkcesi  of 
it^  than  ihone  of  any  other  nation* 

The  learned  Ma  natters  hare  very  i^gbtlv 
observed,  how  tnuch  your  h»rdshtpsMionour  is 
ocincerntftl  in  this  proset^olion.  I^Iv  birds,  it 
was  with  lite  greatest  satialitctinn  I  heard  tbecy 
say  it ;  for  ]  am  by  it  inducetl  ttt  thmk,  that 
uotwtihstanding-  the  zeal  v^hicli  has  been  »*%* 
preased,  they  will  be  much  pleaited  to  Hud 
every  member  of  your  lordblnp!^'  body  inno- 
cent. 

It  appears  from  the  Answer,  and  needs  no 
proof,  lliat  the  noble  Earl  wa^  once  h»nl  chief 
ja»ttce  of  the  Kioi^'s' bench;  and  bis  conduct 
in  that  great  station  will|  1  hope,  be  &om« 
deleoce. 

J  may  appeal  to  those  ^otletneo  who  are 
now  Martdirt  rs  a^'ain%t  bim,  whether  they  have 
not  applauded  him  with  warmth?  Whether 
they  have  nut  ot^mmended  his  zeal  and  intre- 
pidity in  the  cause  of  liberty  and  our  country  ? 
riia  stcttdy  adherence  to  the  Protestant  Hue* 
cession?  Mis  uninfluenced  bchuviourr  j^Iy, 
lords,  I  would  ask,  VVbeiher  then  they  flid  not 
praise  and  love  bim  f  Whelber  the;v  did  not 
e%U^rm  his  beinff  placed  in  that  high  station 
(which  he  executed  with  honour)  their  com> 
lort,  their  *iecnrity. 

IVf  y  Ic»rd9,  1  bc|(  pardon  for  replacing;  those 
times  before  your  thoughts,  or  iur  desiring 
any  lo  consiJerf  bow  an  accusation  ai^ainst 
him,  supported  by  ntere  refinemenu,  wouhl 
at  that  tune  have  l>een  rei^Krded.  My  lonis,  hia 
cx)iprirnred  nierit  lAOulu  then  have  sdcuceil. 
evu '  o. 

li  uitOffl  any  evidnnce  of  the  high 

Icburncu  r  n«t  bore  while  in  that  itatiuti,  we, 
4tt 


i 


i 


< 


1 107]  10  GEORGE  I.  Trial  of  tie  EaH  o/MaccU^M^  [IIOS 

be»def  this  of  iberilby  it  it  at  fiiMtul  tahn 
notice  of.  And  as  the  oath  upoM  this  aooMita 
must  be  absolateiv  confined  to  the  choiae  if 
Ibem ;  10  is  it  evident,  that  the  atalote  iMlf 
nerer  did,  nor  was  intended  to  reach  eg  caw 
of  the  nature  with  these  in  qaestion ;  aa  I  shtl 
farther  obser?e.  And,  indeed,  with  the  aatfc 
directed,  the  statute  is  so  eztieniclj  rigid,  thil 
i  most  own,  for  my  part,  I  do  not  aaa  aar 
serf  ice  it  can  do  society  in  ils  foil  extent  A 
may,  perhapa,  afford  some  proCectioa  ta  a 
first  minister  in  Isying  him  under  the  ohl- 
ijption  of  an  oath,  to  put  none  into  any  ofltee 
v»  ho  ^all  pursue  or  solicit  by  himself  or  bf 
other. 

However,  1  cannot  help  thinking  that  lbs 
learned  jHanager  had  but  very  small  pretcaei 
for  the  rpflection  he  was  pkased  to  OMke,  is 
siiyini;,  That  the  Earl  seemed  to  bare  fimt 
this  oath  not  only  in  his  Answers,  bat  is  M 
conduct ;  when  it  appears  that  he  himself  bai 
for^  how  he  had  cnarnred  it  in  his  ArfickiL 
If  he  will  cast  his  eye  bade  upon  then,  be 
will  find  that  the  preamble  makes  mention  of 
no  oaths,  but  what  were  takcu  by  the  Eiri 
upon  his  majesty's  appointuieot  or  biro  to  the 
seal ;  and  the  Articles  charge  him  only  viib 
fioiatioB  of  his  oath,  as  Lord  ChanceUor. 

Hating  justified  the  Earl's  memory  in  tbii 
point,  1  proceed  to  justify  his  conduct  ia 
others ;  and  I  hone  tlie  delaoce  he  has  inadi 
by  his  Answer  win  liare  its  wei^t  with  jsar 
lord;jbips.  The  Earl  has  insisted,  »  Thaitbt 
making  presents  has  been  long  used  aad  pn^ 
tised  in  tne  time  of  his  predcceasora ;  tbaiHcb 
presents  have  been  reckoned  ansoiigst  the  Hh 
cient  and  known  perquisites  of  the  great  sesl; 
that  the  makiugf  and  accepting  them  has  been 
notorious  to  all  the  world,  and  never  brfoit 
looked  upon  as  criminal,  or  complained  of  0 
such."  My  lords,  this  (as  far  as  proof  is  i«- 
qiilsite)  we  shall  make  fully  appear  by  gicil 
numbers  of  witnesses,  who  arc  able  to  sp«k 
to  both  the  opinion  and  practice  oftheEsiTli 
predecessors.  To  this  it  has  indeed  been  nil| 
that  the  Earl  may  be  guilty,  though  hb  pf^ 
decessors  hare  cscapd  unoeDsor»l  or  M- 
punished.    My  lords,  the  examples  we 


mi^ht  appeal  to  the  great  rewards  his  ma^ 
j<>sty  XkHH  betftuwt-d  upon  him:  thofte  Tery 
IjrraceH  which  have  been  exas;genited  against 
him,  are  the  noblest  testimony  in  his  favour. 
Ills  majesty  thoii*rht  him  worthy  of  the  great 
sraK  becaii^  he  had  fnund  him  faithful  in  his 
other  trusts.  His  majesty  approved  him,  be- 
cause his  subjects  had :  it"  was  for  their  sakes 
(the  const  am  motive  of  his  choice)  that  he  ap- 
poiiiltd  him  I.iord  Cbanccl'.or. 

This  once  was  the  EarPs  character ;  this 
ODCG  lii>  merit.  Tlicae  were,  nay,  are  still  oar 
obligations  to  him.  M3'  lords,  ex|)erienced 
worth  bus  a  rig^Iit  to  greater  confidence  and 
rre<lit:  tliin  is  a  rule  of  etidenre,  and  of  com- 
mon juMifc  ;  and  unless  the  most  convincing 
proofs  are  dflcrod,  your  lortUhips  never  can  t 
belie  re,  that  one  who  has  done  so  (rrcatly  well, 
can  do  soljabeiy  as  is  suggested  by  the  Cbsr^ 

JiUt  supposing,  upon  so  very  strict  an  en- 
quiry into  the  conduct  of  auv  great  man,  some- 
thing amiss  uas  fiiuud  (for  the  greatest  are  but 
men,  and  must  have  failings)/ yet  is  former 
merit  not  quite  to  he  forgot.  Public  services 
are  though;  just  reasons  fur  remission  of  the 
highest  past  oflences,  thoo*;h  dune  perhaps 
merely  uiih  a  view  of  obtaining  it :  and  shall 
thossdone  upon  a  more  generous  prinoiple, 
arising  from  an  honest,  disinterested  heart, 
def  cTve  a  less  regard  ? 

But,  my  lords,  that  I  may  have  the  better 
opportunity  of  oLserviug  on  the  evidence 
brought  for  the  Commons,  as  well  aa  on  the 
arguments  offered,  i  shall  beg  leave  to  fellow 
the  learned  Managers  m  the  method  they  took 
tberaselres. 

The  foundation  of  their  Charge  is,  the  dis- 
posing of  several  offices  fur  considerable  sums 
of  money.  This  is  the  corruption  !  This  the 
extortion !  And,  to  aggravate  the  guilt  of 
this,  and  raise  yoiir  lordships'  intli^uatiun,  the 
preamble  sets  foith,  '*  That  in  or  aliout  Mny 
1718,  the  Earl  was  apnointed  Lord  Chancellor 
of  Great  Britain,  ana  did  thereuinm  take  the 
usual  oath  for  the  due  execution  of  that  bi^h 
office,  and  such  other  oaths  as  hare  been  ac- 
customed." And  the  sul»seqnent  Articles  pro- 
ceed to  charge  his  lordship  with  breach  and 
violation  of  his  oath  as  Lord  Cbancelk)r.  The 
learned  gentlemen  who  had  the  conduct  of 
the  evidence,  justly  sensible  of  the  expecta- 
tion they  had  raised  by  this  aggravation,  did 
attempt  a  proof. 

The  Earl,  in  his  Answer,  had  set  forth  at 
large,  the  oath  he  took  as  liord  Chancellor, 
when  first  appointed ;  and  had  insisteil,  that  he 
took  no  other  oath  of  office.  Was  this  the  oath 
the  Earl  had  thus  broke  and  violated  ?  No,  it 
was  not  this ;  but  one  which,  by  the  Artides, 
he  is  no  where  charged  with  ever  having 
taken.  Upon  the  choice  of  sherifts,  it  seems, 
the  ISth  of  Uic.  3,  is  annually,  in  Old  French, 
read  over  by  the  clerk ;  and  all  present  at  the 
oonncil  kiss  the  Bible.  It  is  this  traosaetioo 
with  which  they  would  affect  the  Earl.  But, 
my  kirds,  it  is  notorious,  that  the  statute  is  so 
far  grvwa  obioleta,  that  in  do  other 


ibi lowed  are  too  worthy  to  lead  us  into  g«lt; 

nl  V  done  wb4 
they  have  done,  and  received  what  ibejr  < 


but,  my  knds,  if  the  £arl  has  onU 


teemed  an  honest  perquisite ;  was  the  pnieliea 
in  itself  not  quite  so  regular  at  firat,  jfli 
*  Sunt  tolerabilia,  qu«  consaetudo  ooflsproML' 
—Usage  (if  ancient)  has  so  great  authoriiyi 
that  it  makes  the  common  law  of  Engteod ; 
and  though  with  ns  it  cannot  repeal  a  slalalBi 
or  destroy  its  force,  which  it  does  in  other 
countries,  yet,  my  lords,  there  ia  an  equity  li 
be  observed ;  and  reason  as  well  as  knmttM 
must  inform  your  lordships,  that  no  amui  oogM 
to  be  treated  with  the  1 


old  statute  may  direct ;  whea  great  cisapto 
may  have  led  him  to  the  actioB,  and  a  laf 
connivance  of  hia  predccoHora  prooMaad  bi9 
security  fron  ceosore. 
Bol  Um  Earl's  dotooo  alop  aol  hmj  Ip 


1109] 


fcir  High  Crimet  and  MUdemeanors, 


A.  D.  1725. 


[IIH) 


ityt,  *^  lie  bombly  hopes  thiil  the  giving  cir 

rtcfivififif  pre^nU  on  Kurb  occasions  it  not  cri- 

ttiinai  in  iuelf,  or  by  lUe  conifnait  Uw  ;  antj 

^at  there  is  noi  uy  nci  of  iMrlt&Qiciit  \^\m- 

^ntif«Ti  by  wbicb  the  sanai;  is  madfi  crrtnina), 

?  swVjJect  to  any  pniiisliraent.**    To  thi«  1fa» 

eU  g^itUeiiu^n  liave  (tivcn  bui  rt ry  ^pw ni! 

vers.     Same  have  by  rh*ft<*ric^  rri&teiid  of 

ao,  endeavuure'ij  to   persuade  ^otir  loi^- 

shi|if,  th%il  the  »€t  itself  m   hii^hly  ifntWK  and 

thai  the  Lit r  lirf  it  ii  greattr 

«od  far  iri'  lely  lh;in  Kvcfi 

ju*iHt-  uMJi  :    oujfM^   liavc   tftlki'fl  of 

Don  l«Mr»  aati  Btalules,  but  hare  pro^hicwi 

U^l^  excofil  those  of  I'^ih  o^'Ri^h,  S,  arifl  5 

^^^Bt»r  lulw.  Of  aod  a  Ti^m^  irtfeivnces  <lrai»u 

^^^Bbfnn  which  f   shhill  ?^>  f^^l  h^^h-v  largely 

^^^^nsUiii^ly  ;  anil  as  tl  ^  aiid  ex* 

^HHce  of  iho^  sc^iillerri'  great  for 

^niy  Taiv  to  esGa(>e  their  ohscnaitou^  to  is  their 

lioaour  tr;  rti;fTve  any  fur  tti^ir  re^y,  f  shall 

lake  tf  d,  that  siucc  no  other  baa  been 

,.^<wtj.-  .^  is  00  other. 

My  ioiil^^  ibe  tirrilers  upon  the  law  of 
lure  have  properly  distineuished  between 
f  ju<rfic«,  anJ  offices  roucemiDg  tbe  ad- 
-fttiori  of  justict? :  ami  not  as  the  learned 
ers  haretloue,  U  Uh  tliein  tbo  selling 
ftticc  is  Qlsolutrly  forbid,  is  absolutely  cor- 
I  and  immoral.  The  se11In$^  officei)  is  matter 
»  policy  t  varied  inditfcrent^ofenimeoU, 
biltited  in  mme^  allowed  in  olherg. 
Anoog  liie  RomaQs  the  law  iu  iUn  nartictilar 
6«etiitted  antl  changed,  and  tiiough  the  sale  of 
ifiCii  H'at  i^eoerally  forbid,  yet  it  reccivetl 
grenl  alterations,  as  the  emperors  or  the  people 
were  disposed  :  when  eleetioDs  of  the  magis- 
trates were  popular,  tbe  soffragia,  or  vo\im  of 
tb«  fi«0{il«,  were  bought  and  sold  ;  but  as  this 
niractio«  nroduced  Irequeat  riots  and  disuiilers, 
freiiaent  lawi  were  made  to  restrain  it,  which 
j^^stili  extant,  and  part  of  the  ttody  of  the 
however y  alt  proving  uoAuccfssfu), 
Bf9  Wik  oeoaaioD  frotti  it  to  usurp 
he  people,  and  natne  the  tnagistrntoa 
elreii:  Una  trantilalioo  of  authouty  cor- 
^,  Ibe  hi^ntftt  to  courtiers,  and  other  men 
'ji  power,  wlio  took  a  sort  of  brokage  for  their 
it.  Theodoaiua  the  einpejor,  so  far  gave 
dance  to  lljis  practice,  thai  he  even  ai- 
l«o  action  for  the  recovery  «f  what  was 
for  pmcuremcnt  <d  uuy  place.  In 
loftimetJie  eiDpviorM  thtTunt'tvea  par- 
Ml  ind  look  a  share  ol  thijt  udrautogv^, 
^introdMc^J  a  distinction  of  *'  ^ulfragium 
atum.'*  **  SoflVagiuin  pri- 
ilahatur  ',^^  and  **  Iloini- 
' '  js  raiiouibus  infer*- 
'I  4«  i*t'll  as  the  prac* 

Vt.  ''   •  * novels   of 

juiunian,  ulutety  lo 

Evaiii  foi   L,_  i.,:,^-,  liccs-    Id 

Ml  141 »  It  i§  said,  '*  J  OotQioMsa 

Miflra^aoiaiftiuio  ntfiltliur  MiK'ninu* 

luuj  ;''  mi'  iUoo, 


have  varied  in  like  manner.  Sofnetitnes  the 
salt] of  ofn<  ^^  t* •»<  titrmitted,  sometimes  forbid  ; 
hut  4tt  pi  I  lor  this  lavt  century,  it  has 

hfccn  «,o  J  i^'ed,  lh*t  o^Bcerit  retain  ti^e 

right  of  resign i^t ton  even  in  succes^icm,  and 
trau'^mit  it  to  iheir  heirs,  in  case  iboy  haro 
paid  the  anDual  tax  or  duty  withm  the  year. 

1  mention  thii  to  shew  what  itie  opiviion  baa 
been  of  other  governnieDls ;  that  thev  ha^e 
not  t'sleemed  this  practice  no  htorhly  cnmiualt 
or  unreasonable;  and  as   '  h^  nei- 

ther   buve    we:    ^br     n  %vhat 

has  been  urged  with  so  tn  .utiy  ;  (ac- 

cording  to  my  poor  a['|  )  thai  very 

statute  uf  l^dw.  G,  so  mui.ii  m^i^ied  on,  is  the 
sironge«t  proof  which  c«n  be  gi*eo,  ntdonly 
that  io  particular  in«t^ncci»  the  sale  of  ol^cek  im 
now  permitted,  hut  that  it  was  in  general  be- 
fiire  that  MUtute,  by  the  common  law  of 
England,  This  statute  in  sect.  3d,  etiacls» 
that  *<  all  Imqj^iiijif  i^tes»  promises,  <&c, 
shall  be  void/*  And  \et  by  the  sect.  6,  it 
ni^ikes  prOTiskon,  that  '**  it  shall  not  extent  I 
tn  any  bargain,  sale,  gift,  grant,  <*^c  concl oiled 
and  agieed  before  the  1st  day  of  lk|j»r<.li 
next  coming,  but  iliat  the  same  ^  '\ 

sale  so   concluded  and  atf^reed.  ^<  s 

ren)ain,contiuuet  Audbeiasoch  full  r  ri  u, 
andelfeot,  as  iftbiii  act  had  nc»er  I  i  i  >  ^ 
made/*  It  har^^ains  and  sales,  ojjurcU  httufe 
the  Ist  of  3f  arch,  are  to  coutinue  in  such  force, 
Sec.  as  if  this  act  had  uever  been  made,  the  c*m* 
setjnence  to  me  seems  certuui,  that  those  bar- 
gains and  salt^  hsd  force,  and  that  they  went 
iictbre  etfecuial  and  Itgal;  for  other wW  the 
provision  wiiuld  l»e  jibsurdand  ridtcnlons. 

llie  7th  ycctioti  of  this  statute  still  goes  fur- 
ther, and  makes  a  perpetual  provision,  that 
**  This  act,  or  any  ihuig  therein  conljiined, 
sh'jll  o«>*  in  any  wise  extend,  or  be  prejudicial 
or  hurtful  in  any  of  the  chief  justices  ot  il»e 
kin^*3i  courts,  commooly  called  the  Riug*s- 
bench  or  Common  I'Iljis,  or  lo  any  of  the  jus- 
tices of  the  assize  that  now  be,  or  hereafter 
xhati  be;  but  thai  they,  and  every  of  them^ 
may  do  in  every  behalf,  tiiucbing  or  ccKiL-ern* 
log  any  o£tice,  or  oIliceH  to  be  given  or  granie*! 
by  llrm,  at  ihcy,  or  any  of  them,  might 
biivc  d'ine  before  llie  making  of  tliiii  act.** 

If  this  statute  be  explanatory  of  what  the 
common  law  wai  before,  and  as  fuch  it  was 
iuKrHlt'd  tm,  it  is  certainly  imjiOssibU  to  doithr, 
but  that  by  ttie  common'law  the  ^le  of  others 
was  allowed:  **  The  chirf  ju^tice«,  5iC.  may 
(touching  their  ofiicei)  dn  ss  they  mtght  have 
dune  heti»re;'*  Ibisi  »ct  lit  to  piwent  ilu?  sa|f*  of 
nfij^-e*,  and  yet  not  of  their  oUices  :  Ihey  lia^l 
been  used  to  bargain,  and  sell  them,  and  Mill 
may  do  it,  lor  thin  act  in  uvi  to  be  iit  any  wi^e 
preiis  *  '  '  ^r  burttui,  to  any  of  them*  Thi* 
ts  t  ea&e,  this  Iht  very  language  i»f 

the  ^,. >.,... 

But  t  humhly  cnQoetve  ihbt  ihi«  provision  U 
not  only  an  evidence  uf  what  \ii^  cummon  taw 
it^elt  ^ai.,  but  tioit  the  act  o(  Rich  il,  M 
which  1  bet  ore  made  uieiAtio«i}  conUl  uef  fr  be 
mteodcd  bu  rtach  oltoi  of  thi»  uattire  i  fU  90 


I 
I 


nil] 


10  GEORGE  I. 


'the  84^  of  Rich.  2,  directs  an  oath,  which  the 
chief  justices,  &c.  are  expressly  required  to 
take,  can  it  he  imagined,  without  the  greatest 
extraFairance  of  fancy,  that  the  legislature 
should  be  so  very  forgetful,  as  to  guard  and 
secure  to  them  a  nrivilege  which  they  could 
never  exercise  without  the  highest  perjury  P 

ThiB,  my  lords,  is  the  only  statute,  which, 
as  1  apprehend,  any  way  concerns  the  Charge 
brought  iiguiuKt  the  noble  Earl :  but  dfies  this 
statute  make  the  sale  of  offices  criminal?  Does 
it  direct  a  punishment,  or  even  by  any  general 
clause  forbid  the  practice  of  it  ?  It  is  true  the 
bargains  are  hereby  made  void,  the  person  who 
sells,  docs  lose  his  right  of  nomination,  and  he 
who  giv(>s  or  nays,  is  to  l>e  adjudged  disable  in 
law  to  have  the  office.  My  lords,  these  are 
the  discouragements  wliicn  the  legislature 
then  thought  prouer  to  lay  such  bari^ins 
under,  these  the  only  penalties ;  if  the  Earl  has 
by  his  condnct  done  what  this  statute  disap- 
proves ;  if  he  has  bargained  and  sold  offices, 
which  your  lordships  judge  within  the  statute, 
and  the  constant  usage  of  his  predecessors  will 
not  give  protvciion,  the  statute  points  out  your 
lordships' justice.  Rut,  my  lords,  this  unfor- 
tunate great  man,  we  think,  has  already  more 
than  satisfied  this  law ;  he  has  resigned  the 
seal,  and  yet  stands  impeachetl  before  your 
lordships. 

Ofleiices  are  to  be  judg^ed  of  by  the  penalties 
and  punishments  the  legislature  lias  annexed  : 
for  in  determining  the  penaltirs,  it  determined 
the  sense  it  had  of  the  offence:  when  penal 
laws  are  made,  it  must  always  be  supposed, 
that  a  consideration  was  had  of  the  malignity 
of  the  act  forbid,  and  of  its  influence  on  society, 
and  that  the  punishment  directed  was  esteem- 
ed adequate  and  just :  by  this  rate  it  is  easy  to 
guess  what  the  legislature  thought  of  the  of- 
fence  of  selling  offices.  And,  indeed,  it  would 
have  been  (if  I  may  use  the  expression)  unbe- 
coming the  legislature  to  have  inflicted  se- 
verer ])eiiahie8,  while  by  the  same  law  it  per- 
initted  the  first  judges  in  the  nation  to  do  what 
it  sec>med  to  condemn  in  others. 

When  a  law  is  once  past,  the  transgressor  of 
it  is  subject  only  to  what  that  law  directs  ;  to 
inflict  a  greater  punishment,  would  be  desert- 
ing law,  and  acting  arbitrarily.  This  observa- 
tion \\  ill  hoid  in  every  instance,  in  matters  of 
common  justice,  RS  v^ell  as  public  policy  :  to 
fbibid  to  rob,  or  murder,  is  only  to  enforce  what 
was  always  law ;  to  forbid  to  sell  offices,  is  to 
lay  a  political  restraint  on  acts  indifferent.  And 
Yct  in  the  former  case,  to  punish  the  offender 
beyond  the  law,  would  be  unjust  and  arbitrary. 
Are  prohibitions  merely  political  more  sacred  ? 
Or  is  a  trespass  against  them  more  severely  to 
be  treated,  than  one  against  the  law  of  nature, 
the  law  of  God  ?  No  ;  your  lordships  (I  say  it 
with  submission)  are  the  supreme  judges  of 
the  nation ;  as  such,  the  supreme  judges  of 
the  law  ;  for  by  the  laws  vour  lordships  always 
judge  :  it  is  the  peculiar  blessing  of  our  uation, 
to  have  certain  koovra  laws  to  he  the  guide  of 
-our  aotions,  aad  the  BMature  of  oor  paniih- 


Trial  of  the  Earl  qf  MaccUffield^  [1 1 13 

ments;  to  tecnre  to  us  this  bhwing  haalweo 
the  labour  and  the  glory  of  oor  aDoestors. 
For  the  sake  of  this,  the  Revolutioii  ii  beloved; 
and  for  a  steady  adherence  to  this  nerod  rale, 
his  majesty  is  esteemed  the  joy»  the  nfety,  the 
liberty  of  his  people. 

I  beg  pardon  for  dwelHn^  lo  loDg  opoo  tUi 
subject ;  but  the  honourable  geuttettiea  of  tht 
House  of  Commons  having  made  the  tile  if 
offices  the  foundation  of  thefr  whole  Chaift^  1 
thought  it  of  some  conseqoeuoe  to  profo  to 
your  lordships,  that  it  is  no  wmyo  onmindl  ■ 
Itself:  and,  my  lords,  if  it  be  not  uiiniml, 
where  is  the  corruption  ?  Where  the  eztortim? 
Is  it  in  the  manner  of  receiving  fMreseiitg  ?  Hi« 
that  was,  the  learned  teijeont  of  coanni  wtk 
me  has  already  given  your  kHtbhipaan  nceaHl; 
an  account  which,  we  hope,  does  sufficiently  j» 
tify  theEarl  against  the  imputation  of  hagghif, 
or  of  screwing  up  the  candidates  to  what  thqf 
gave.  Bat  as  these  several  Artidea  will  K 
more  fully  spoke  to  when  we  come  lo  prodoci 
our  evidence,  I  shall  pass  them  over  with  tt 
observation  or  two.  if  the  Earl  bad  so  grata 
thirst  for  gain,  and  was  so  reaolotely  bent  to 
amass  such  excessive  sums  of  money,  it  is  to 
me  very  strange,  that  whenever  bis  opfmta- 
nity  offered,  and  he  had  the  free  and  full  disp- 
sal  of  an  office  upou  a  vacancy  by  death,  ht 
should  alv^ays  receive  a  much  leas  torn,  tha 
what,  from  the  very  face  of  the  Articles  Choi- 
selves,  appears  constantly  to  have  been  paid  hj 
Master  to  Master.  Had  the  Earl  pot  ik 
office  up  to  auction,  or  even  insisted  on  a  priee^ 
is  it  probable  that  he  shonid  not  be  able  loi^ 
tain  one  as  great? 

However,  as  f  pass,  1  cannot  help  takiaf 
notice  of  the  circumstance  with  which  the  i^ 
tide  of  Mr.  Tburston^s  admission  is  introdoeii 
**  That  Borret  died  insolvent,  gremiy  indeM 
to  the  suitors,  and  the  said  Earl  did,  withMl 
securing  a  justsatisfaetion,  ailinit  him.*'  Ysv 
lordships  must  have  observed,  that  ihe  Eadii 
uot  so  much  OS  charged  here  with  a  luioiilcd||pi 
of  this  insolvency ;  and,  my  lords,  knowlcd^ 
only  can  create  the  guilt.  '  If  the  Earl  did  art 
know  ir,  can  your  l6rdshii>s  censure  him?  K 
Tt  be  asked,  why  he  did  not?  Mr.  Godfrey, 
who  was  produced  and  examined  by  the  Masa- 
gers,  has  already  give  a  full  answer:  Mr. 
Godfrey  was  most  intimate  with  the  aflFiin  fi 
Borret,  and  as  such  was  directed  by  the  Eari  to 
inspect  them  ;  he  has  deposed.  That  be  toll 
the  Earl,  he  thought  there  would  be  no  dvfi- 
ciency  in  his  officia  ;  this  (your  lordships  OHJ 
remember)  he  said  was  his  own  sincere  om> 
nk>n,  and  he  gave  gooil  reasons  for  it  Ifr. 
Borret  had  a  very  good  income,  repoted  ¥Xli 
per  aon.  besides  his  place;  lie  had  lateljr  flsar- 
ried  a  wife  of  fortune ;  his  family  lived  withhii 
father-in-law ;  and  he  himself  a  man  of  nooh 
pence :  My  lords,  Mr.  Godfrey  toM  ton,  Is 
was  so  fufly  in  this  opinion,  thatwocBllr. 
Green,  the  deceased's  nnele,  made  a 
of  a  dMit,he  was  ffreatly  surprised,  not 
ing  that  he  had  owed  one  sioflo  f 
Whence  this  deficiency  (if  Um  li  f»j)  mm 


fur  High  Crimes  and  Mindrmeannrt. 


1«I3] 

I  tctt :  btitf  my  tords,  thtt  falAl  ymr  of  17t20, 
not  w>  long  pAst^  as  to  Icat c  us  qaite  without 
tkjrcture  ;  41  )i'ar,  my  lortiK,  wljen  the  cotita- 
a5j  so  vkrtiieni,  ttiHl  w^rc«  any  »iriue 
m1  ;  and  those  who  sunk  ajider 
;  deserve  our  |niy,  as  sid  iu- 
ut'  liuiiiAii  fi-nilty  :  to  this  year  the 
Iftften  owe  Itieir  whole  dtstre.<^s  aad  to  them 
tlie  Earl  I  though  innocent^  this  aggravated 
,lJiaariCe:  hut,  my  \^t\U^  ^u^posin^a  deticiency 
itbb  office*  and  knoivn  too  by  the  Earl  hini- 
wbat  satiatkL-ctuu  to  the  suilora  whs  froiti 
I  expected?  What  could  he  possibly  se- 
!  t  There  is  hut  oue  raetliod  :  which >  I 
i(»r,  he  wiU  not,  bj  the  Managei*?!,  he  thotiji^bt 
'-niiial  iu  not  taking,  sidc«  it  ia  thai,  which 
ey  UiemseheM  coodetno  aa  illegal  and  cor- 
rupt. 

^Jt  may  be  expected  that  I  should  shew  some 

^mrd  to  the   i>()i  Article:    but  aa  it  is  that 

^Bteh  the  learned  fjeiulertian  made  choice  of 

H  bei^ti  with,  1  apprehend  greater  difficuttiea 

Bfeu  1  «ee  ;  and  therefore  ahull  lea  re  the  con- 

lideraiion  of  it  to  tho<*\  wlio  are  much  more 

a}»le  to  i^urnnount  them  than  myself:    but    i 

Ilk  pardon,  thut  I  cannot  reach  a  dia* 

'»  on  which  great  !itre«»  has  been  bid :  It 

li4M  (jeen  uhservtfd  by  more  than  one,  that,  in 

tbia  case,  the  money  wai  paid  fr*r  the  reai^nalioo, 

\  not  for  the  aclmuismii,     la  there  any  real 

ference*  whether  the  buyer  or  the  seller  pays 

eomplimenii*      Must  it  not  he  auppoaed 

•t  ii  wa^i  coufitdered  10  the  bargain,  and  part 

-  it?    Or  is  it  imatrincd  that  a  ^pr^%Vst  hard- 

Kp  waa  in  this  CjiKe  done  Mr.  Thoraaa  Ben< 

I,  by  a  ieuming  ol^struction  of  his  mclination 

jfart  with  an  ofKce,  when  in  tact  the  Earl 

ild  not  hinder  his  resigning  it?     For  not- 

h«tanding  the  obsenraiion  made  by  a  leamcnl 

jjtlfmnn,  that  the  Lord  Chancellor  was  the 

'\  and  therefore  a  repi^nxtjon  Kithe 

liie  same  a8  to  htm  1  yet  am  I  from 

Yiry   ^rent  ahititica  persunded  to  lieheve, 

thai  he  is  not  ao  enttrely  a  stmo^er  to  the 

ilimf^ht  of  that  high  office^  aa  not  10  be  able  to 

4liatin£uii»h  the  crow  n  from  the  aeal,  and  to  know 

'*'  •  ;r;  ninny  instnncf'«  of  patronage  they  nredif- 

the   l>*ird  Chnncelb*r  l>ciiig  the  kin^f's 

*  r-Mt,MiJ4»ion  ti.>  hmi  may  m  "iome  cases 

A  in  law  to  one  made  %ii  the  croun 

<  ter  c  contrittio.     Aa  to  this  parti- 

nnd   indeett  to  many  others  of  the 

iff  Nhall  make  it  fully  appear,  that 

lui    ntii  if  himaelf  is  in  the  nomitmtton 

t     vii,    \et  ban  he  always  l>een  under 

i»  liition  of  the  seal,   and  baa  as 

,  ^tri  ackuowledgmtnt  to  the  Lord 

-  llor. 

ihc«c  chifgea  ore  built  the  whole  of 

'  Artielea  :  erery  exprFa«»ion,  e?  ery 

oonild  bear  an   anibiguity,   has 

*'T  ♦  u  n  n  crime.     The  Far!  ha» 

ofBceSi  lit»«  ami  in  tliere- 


A-D.  1725. 


[lUi 


ria  after  V 


;iiaat 


But,  iwy  lords,  before  I  proceecJ  to  try  parti4^ 
ctilari  tipOfi  thin  bead,  I  mu^  beg  your  lord*^ 
ahipa*  patienoe  to  compute  in  general  the  very 
BDiall  adfaatJtgc  the  noble  Earl  could  propose 
by  the  scheme  tlic  learned  gentlemen  bare  pro- 
jecjted  for  him  :  the  office  of  Lord  Chancellor  is 
precarious,  and  onljr' during  pleasure :  the  king, 
for  bissuhjecta^  welfare,  is  jealous  of  every  mioisr. 
ter,  and  ready  to  remove  the  greatesit  favourite 
ufHin  the  ver}'  first  offence  ;  and  upon  this  <^m- 
lingency,  what  wouhl  the  chance  of  diaj>o»ing 
of  a  Master's  place  be  north  ?  A  rery  triHe  ;  I 
m-iiy  boldly  tay,  not  so  much  as  what  he  hai 
refused  the  opportunity  of  gaining  upon  every 
com  p I ele  V  acancy  h e  h as  d i  %] losed  of,  Anti  can 
your  lordships  au^pect  a  character  once  so  dear, 
once  allowed  so  worthy,  of  doing  auch  litile 
things,  I  should  say,  such  baae  tbingi,  for  no 
advantage,  and  yet  lo  promote  this  illrgal  and 
corrupt  gain  on  which  bis  heart  was  eagerly 
set  ?  The  noble  Earl  is  farther  charged  **  wiifi 
having  admitted  several  iiersons  to  the  officea 
of  Masters,  who  were  at  tne  time  of  amall  sub* 
stance  and  ability."  Against  this  there  lay  an 
obvious  objection ;  why  persons  of  small  sub- 
stance f  VV' ben  the  Earl  might  bare,  and  in- 
deed always  had,  when  of  bis  own  choice, 
otljera  of  sufficiency.  Wherefore,  to  nmke  their 
Charge  consistent,  a  fraudulent  method  in  sup* 
posed  to  be  introduced,  of  paying  for  ihetr 
plai^^s  out  of  the  effects  of  the  Court;  a  method 
best  suited  to  such  per»<.»ns:  butyour  lurd^hips' 
justice  musthav€  led  you  to  ol^erve,  that  rbf  y 
no  where  so  much  as  insinuate,  thut  the  Earl 
knew  them  to  have  been  as  charged :  they 
were  aensdile  of  the  proper  caution  be  had 
taken,  and  (as  it  will  appear  in  evidence)  that 
not  only  preiious  enquiries  were  always  made, 
and  none  admitted,  who  caute  not  well  recom- 
mended, or  persoiially  kiiowi>  to  the  Earl  him- 
self ;  but  that  when  several  candidates  have  of^ 
fered,  his  lordship  has  been  so  unniindfnt  of 
the  little  views  he  is  supposed  ever  to  have 
acted  with,  that  he  has  constantly  preferred  him 
he  tlioui^ht  the  worthiest,  though  the  present 
to  the  Eiirl  was  far  less  than  wTiat  others  gav6 
him  expectntjun  of.  This  Kurely,  my  lords, 
will  be  enoiigli  to  vindicate  his  care;  and 
though  It  Kbuuld  appewr,  thai  he  was  deceived 
in  any  bui^le  iiiTttance ;  nay,  though  tVie  miin 
huTi!«elfshouUl  be  the  evidence  of  his  own  de- 
ceit and  fraud,  yet  1  hope«  my  lords,  such  per- 
son wdl  have  his  full  eofiipltitienlorcredtt,  if  he 
is  believed  10  tlie  character  he  gives  of  himself. 
Bnt  to  make  »otne  excuiw?  for  the  Earl's  ijood 
opinion  of  this  Mr,  Thomas  Ben  net,  am)  his 
circumstafK^s,  I  must  observe,  that  it  is  evi- 
dent troui  bis  own  account  which  hei>t  upon  the 
table,  that  whttn  he  was  admitted,  be  had  an 
€^tute  of  htf'tifeen  5  and  6OO/.  p^r  ann,  hr  had 
l>e  ides  afi  oHice  for  life  of  '250/.  per  aun,  be 
kept  hi»i  coach »  und  I  ben  hvei\  in  i^uta* 
tioii.  However,  1  muHt  confess,  that  in  far- 
ther proofof  his  great  integrity,  this  geutlerttan 
hNs  ilf  po^rd,  that  part  of  his  entute  w  as  then 
mortgaged  for  more  tlian  it  was  worths  I 
fhouM,  upon  this  tMreasioo,  pm  your  lotxlshl^ 


i 


1115] 


10  GEORGE  I. 


Trial  of  the  Earl  ofMacdeffidd^ 


[1116 


in  mind  of  what  hupiiened  upon  tills  gentle- 
man's confrontation,  because  be  has  h&sa  sin- 
gular in  his  evidence  on  more  liu^ts  than  one; 
but  we  shall  take  another  opportunity  of  dis- 
playing this  worthy  person's  Teraaty,  that 
your  lordships  may  Know  how  much  regmrd  to 

fiay  to  him>  ny  seeing  how  little  regard  he  has 
or  truth. 

As  to  the  schedules,  the  neglect  of  which  is 
made  so  criminal,  it  would  be  enough  to  say, 
that  the  taking  them  could  not  prevent  the 
fraud  complained  of;  for  what  would  be  the 
difference  in  deducting  the  sum  agreed  on  for 
the  purchase  upon  the  transfer,  or  repaying  it 
the  minute  aiter  ?  And  if  the  new  Master  is 
really  able  and  sufficient,  where  is  the  iqjustice 
done  in  either  case  ?  But  we  submit  whetlier 
such  schedules  must  not  be  made  b^ween 
Master  and  Master:  For  without  them  theur 
accounts  cannot  be  settled;  and  as  it  is  for 
the  interest  of  him  who  succeeds,  so  is  it  for 
the  security  of  the  other  wlio  resigns.  But 
supposing  the  practice  to  have  been  asdiai^ged, 
and  their  transfers  were  not  complete,  the  only 
oonsequence  I  see  is,  that  both  Masters  are 
bound,  and  the  suitors  have  by  it  a  double  se- 
curity.  It  has  happened  so  in  the  cases  of  both 
Mr.  Iliccocks  and  Mr.  Rogers;  they  impru- 
dently retaining  the  effects  of  the  Court,  for  the 
sale  of  their  offices,  have  thought  it  proper  to 
petition  the  lords  commissioners  to  repay  the 
money:  So  that  some  good  fortune  has  at- 
tended this  practice,  ill  as  it  is;  the  suitors 
have  by  it  cot  so  much  money  more,  than  what 
otherwise  they  \i-euld  have  had.  * 

My  lords,  when  Dormer's  affair  (though  suf- 
ficiently unfortunate)  is  considered  by  your 
lordships,  1  hope  that  the  noble  Earl  will  not  be 
thouebt  to  have  acted  otherwise  than  as  became 
his  character :  Upon  theGrst  notice  of  the  mis- 
fortune, the  Earl  took  all  possible  care  both  to 
save  the  effects,  and  secure  the  office ;  he  sent 
the  two  senior  Masters  to  search  his  chambers, 
and  to  stop  the  transfers  of  all  stock  which 
stood  in  "his  name  in  any  of  the  public  com- 
panies. My  lords,  had  the  Earl  had  that  eye 
on  gain,  had  he  had  that  apprehension  of  dis- 
covery which  is  represented,  he  would  scarce 
have  taken  this  last  step,  which  must  and  did 
make  a  suspicion  of  the  office  public :  When 
Mr.  Dormer  wasreturned^and  upon  such  terms 
es  the  Managers  themselves  can't  say  were  un- 
reasonable to  grant  to  one,  whoso  person  was 
out  of  reach,  and  whose  effects  and  accounts 
were  in  the  greatest  confusion ;  His  liberty  was 
all  he  asked,  and  that  upon  condition  only  of  a 
full  discovery  and  a  fair  assignment  of  all  he 
had  ;  1  say,  my  lords,  when  Mr.  Dormer  was 
returned  upon  these  terms,  which  we  hope  he 
has  honestl}'  performed,  his  office  was  sold,  and 
every  thing  done,  not  to  conceal,  but  to  supply 
the  deficiencies.  I  would  not  enter  too  mi- 
nutely into  the  composition  with  Mr.  Wilson : 
It  will,  1  conceive,  be  a  full  and  satisfactory 
answer  to  the  Charge,  to  observe,  that  as  the 
suitors  were  not  parties  to  it,  they  can  no  ways 
be  injured  by  it.    If  ^the  composition  be  pra- 


carieus,  triffihg,  and  unjust,  the  miitora  are  still 
at  liberty  to  proceed:  If  more  coald  be  had, 
they  still  may  hare  more ;  but  till  oiok  b  re- 
covered, it  must  be  admitted  that  the  littlci 
which  18  gained,  is  owing  to  the  oompstitiQB. 
Had  the  suitors  been  parties^  the  order  so  nodi 
complained  of  for  its  irrsgiilarity  would  ost 
have  been  made  without  a  notice ;  hut  as  Mr. 
Wilson,  whose  particular  intersei  it  was  to  ban 
them  parties,  did  not  desire  it,  we  appreheid 
the  order  to  be  in  the  usual  manner.  My  kmii^ 
the  Masters  (as  is  m  evidence)  having  u  aam 
measure  engaged  themselvee  to  make  good  lbs 
deficiencies,  u  any  should  happen,  the  £sri 
Gouhi  have  no  reason  to  doubt  the  iiwtice  of  tbi 
proposal  of  Mr.  Wilson,  aiVer  Mr.  Hicoocb 
baci  reported  it,  and  Mr.  Edwards,  the  succsmw 
in  the  office,  had  prayed  the  Earl  to  order  km 
to  accept  it. 

It  seems,  my  lords,  a  Tery  forced  and  aakisd 
construction,  which  the  Articles  put  upeo  ihc 
accounts  his  lordship  had  required  of  lbs 
Masters ;  but  the  worthiest  behaviour  nay  be 
thus  misconstrued.  The  Masters  themielTci 
had  made  the  proposal  of  contributing,  and  il 
will  appear  that  they  all  (except  Mr.  1 4ghtheas) 
did  pay  their  money  voluntarily.  What  sees- 
sion  then  for  such  methods  as  are  suggested  • 
terrify  and  oblige  them  to  this  contnbulin! 
Is  it  in  proof  that  the  requu-iog  the  acosaM 
did  influence  one  single  Master  ?  No,  my  kid^ 
but  on  the  contrary,  you  will  find  that  the  m|- 
ment  by  the  Masters  did  not  prevail  on  htsM 
diip  to  desist ;  for  it  will  be  io  CTidenoe  thitthi 
Earl  still  persevered,  and  that  by  the  EaiTs  i- 
rection  a  letter  was  wrote  to  the  Masters,  ste 
the  several  payments  were  made,  eomplaiaiif 
of  their  delay,  and  requiring  their  aocoooH^ 
The  Earl,  indeed,  upon  representations,  did  a^ 
terwards  think  the  method  impracticable,  which 
he  is  the  better  justified  in  sayiug,  Iwcaosede 
very  same  method  hAS  been  since  touad  0 
by  the  honourable  committee  for  inspedil| 
their  accounts,  and  departed  from  as  such. 

Upon  this  subject  of  Dormer's  deficicncj,  1 
must  beg  leave  to  remind  you  of  what  Mr. 
Edwards  told  your  lordships,  lie  said,  "del 
they  were  all  of  opinion,  that  the  deficieacy 
would  be  made  up ;  and  unless  he  had  believid 
it,  he  would  not  have  entered  into  the  office." 
If  Mr.  Edwards,  who  was  so  much  concemci 
was  in  this  persuasion,  why  might  not  tbe  Esd 
too  with  innocence.^  And,  my  lords,  thispa^ 
suasion,  thisexpectatiou,  is,  I  humbly  coooeif% 
a  very  satisfactory  reason  why  tbe  Larl,  hsd  k 
been  obliged  to  have  declared  an  average cr 
officio^  in  common  cases,  might  be  excused  ik 
doing  it  in  this. 

As  to  the  cases  of  Chitty  and  Haqier,  vbcs 
the  circumstances  which  attend  them  aretf 
before  your  lordships,  the  inferences  draei 
from  each  will  appear  equally  unreaaionaUi: 
For  the  Earl  can  no  more  he  supposed  to  bsft 
intended  a  concealment  of  Dormer's  defidsa- 
cies  by  tbe  order,  he  made,  after  ha  had  si- 
presaly  mentioned  in  open  court  the  several  a^ 
cidcnts  by  which  they  had  hat>pened|  ihaa  At 


1117]  Jtr  Higti  Crimes  and  Misdemeanors.  A.D.I  725.  [  U 1 S 

Ibcmselvefl  confeM,  Umt  tie  but  borely  recom' 
nModed  tt,  M  hetttg  nimt  their  senior  Mftfller 
bftd  mar{€«  «tid  belter  intono  IliainsortiRCitbrri, 
which  weretheu  prodaccd.  He  ii«eil  no  nr- 
Ifiiments,  hepres^i^d  them  Dot ;  and  they,  Itonest 
mea  (as  they  thetnsd^es  hare  deposed  befbr* 
joiir  ionlitUijitj)  made  no  scruple  or  nbjfction 
to  it.  1  beg^  pardon  :  1  fiboulil  do  juvtice  ta 
Mr.  Tboroas  Benuet^who  I  think  had  Ms  scrii* 
pie  to  the  wprd  **  demoostration.*'  Ho  tttat  if 
hilae  rep reseiiUt ions  have  been  made,Uii^y  ntio 
have  tDade  them  are  the  guilty  ;  they,  and  not 
the  EaH,  have  deceived  the  coutusii-boafit  | 
the  action  wn»  tiieir  own,  free  and  iiotolicittd* 

llnU  tny  lords,  not  to  detain  your  lordsbipt 
longer ;  one  of  the  feanied  Managers  geeme^ 
senfihie  of  the  force  of  one  eridenee  we  hare  to 
v&er  in  vindication  of  the  Karl  from  the  charge 
of  avarice;  aud  therefore,  without  denying  • 
public  fact,  he  was  pleased  by  his  eloqoance  to 
try,  whether  he  could  not  brinif  charity  itself 
under  siispieicm  :  whether  he  could  not  coo* 
found  the  difference  betweeo  tiie  most  worth  j 
gmerosity,  and  the  luxury  and  debauchery, 
atid  the  nots  of  a  Catiline  f  What  iiiDOoeiico 
is  secure  a^inst  the  power  of  such  eloquence  f 
My  lords,  had  he  not  thought  this  a  defenc#r 
aj^instthe  rery  foundation  of  the  wboIeCharg-e, 
he  would  not  liavc  surprise*]  us  with  such  ati 
answer:  he  well  knew  that  the  Earl  coutil 
have  orphans  and  widows,  the  poorer  clerj^y^ 
and  the  youth  of  the  Univeraity,  to  appear  aod 
acknov^  tedjre  their  obligations  to  bitu  :  obliga* 
t(«ms  made  greater  by  being  unasked  ;  1  can- 
not say  uaexpeciedi  liecause  every  object  in 
distress  within  his  knowledge  had  reason  to 
expect  relief.  I  would  ask  the  learned  gen- 
tleman, whether  expenoes  of  this  kind  wer« 
part  of  Catiline's  profuseness? 

This,  my  lords,  wilt  be  an  answer  to  thetr 
eA-repeate«l  imputations,  and  mont  clear  th« 
Earl  from  alt  suspicion  of  ever  having  acted 
from  snch  sordid  motives,  or  from  any  thirst  or 
impotence  of  gain.  Is  it  likely  that  he  should 
enconragpe  the  hi^^hest  villainy  to  ratse  a  sum, 
and  then  apply  it  to  i^lieve  me  poor  and  th« 
dtstrest  T  Jn  it  credible,  at  the  same  time,  that 
virtue  Slid  baseness  should  thus  jointly  govern 
him  f  Hard  I  f  rid^^etl^  is  the  condition  of  the  £arly 
whoti  bis  very  virtues,  when  hia  most  com- 
mendable  actions,  are  turned  to  bis  diagrtetand 
injury  !  But,  under  all^  it  is  a  great  saturfao- 
tion  to  hiui,  thai  your  tordUiips  are  his  judges; 
and  he  submits  bit  whole  conduct  to  your 
justice. 

Com.  Serj.  (Mr.  Llagard,)  My  lords,  the 
gentlemen  timt  have  gone  betore  me  upon  this 
oeca^iofi,  have  90  fully  opened  the  nature  of  tbt 
iM»ble  EnrFs  defence  jo  geneiraf,  that  I  shall  ttol 
presume  to  take  up  any  more  (yf  your  lordahijta' 
time,  by  following  ihem  in  th»t  method  ;  out 
shall  couftne  uiyiiuJf  tu  the  Fifth,  Sixth,  Se- 
f«nlh,  Eighth,  and  Niitth  Articles  ;  snd  thall 
b«g  leave  to  inform  your  loni^ihips  whst  w« 
have  to  lay  before  you,  in  relation  to  ttie  mat* 
ten  contained  io  thoso  Articles,    But  b«foc«  \ 


nonld  by  the  payment  of  1,000/r  to  Mr.  Lock* 
■Mil*  WliPO  he  tnht  him,  **  '4'hnt  it  wouhl  be 
llielaist  payment  Mrs,  Chitty  was  hkcfy  to  re- 
iire«  the  residue  being  in  ^rrat  danger  from 
tiifr's  deficiency-**  Hut  when  we  prove  to 
the  V9ty  gtfwi  dt»lfes»  Mr.  Lockman  rc- 
"  ed  himself  to  be  in,  your  lordshipi  will 
»i fiord  that  the  money  was  by  the  Earl 
.  I  ri  uihcr  motr ve^  than  a  generous 

I  *'i  te  rt^nl  to  him  :  ThU  at  that 

nt'  w^s  Mr.  i.n<"kmairs  »r*  'fit;  this 

►  ha%  often  since  aokuow  I  ugh  upon 

t  examinitioB  lie  v.  i  lu  cUim  it  as 

\  ri«flil,  atid  own  no 

*  think  It  Will  hu  (1  viMMii,,  ,-»y»  it  ia  already) 

full   in   pi  oof,   that  the   rlarl   desired  a 

onirh  rpfomintion  ofhW  Court  ■  and  tboujjh 

rslties  have  I   it,  yet  irurrlj^  my 

it  rnmioi  fi         .       (i  to  any  omission  of 

jt!  f!  charge  would  place  It.  Thfr« 

<h    ,  ,  not  only  with    regard  t*)  the 

Slurw  uml  iheiracconntJf,  hut  Io  their  jurisdlc- 

inud  priviksf^s.  Difficulties  of  such  a  nature, 

f  the  witnesses  thought  tbi?y  required 

I  resolution  to  surmount  ihcm.  If  the 

fclLarl  had  not »  resolution  quite  sufficient, 

^ht  perhaps  he  his  miafurtune,  but  surely 

it  fault.     But  what  propo^cals  of  security 

latto^  could  po«»ibiy  make,  which  they 

sd  useful  or  eonveuient  to  themselves, 

I  BsH  sh(»uld  refute,  1  cannot  conceive. 

from   ihu  seh*»me   on  which  the 

vge  is  founded,  thnt  their  interest  had  l>eeo 

^  ha*I  \h^pi\  one,  and  what  served  their 

jtrpose  mi  i-ved  the  EarPs ;  and  jet 

'  we  art  mirary. 

w  tbt  gentlemen  have  made  out 

tv#ral  r  rt*s,    muiit  be  considered 

we  are  upon  tlieir  evidence  to  that  Article  : 

only  observe,  that  no  permission  or  en* 

litragem«?ijl  of  the  EarFs  hai  i'  'I.  by 

liich  they  are  increasetl;  that  jins 

I  compelled  into  court,  by  any  onu-v  he  has 

made,  to  advance  their  olHces,   nor  any 

ianoe  given  by   bun   to   any    one   ill 

rikr  the  Earl  iw  ^-W'^*^  ^.r  ot>^rneting  ih^ 

r  bis  majesty  I  l,  or  how  far 

instrumentai  t  .     !  li,'  the  eouncil- 

I,  we  submit  upon  thetr  own  evidence :  it 

s,  thst  St  the  mcfiiuir  at  Mr.  Edwardt*s 

e,  all  of  ihcm  declareif  they  were  abie  to 

erthfir  ^**veral  balances;    and  when  the 

i-e  signed,  fhey  were  Mieveil 

I  declared  themseWen  :   if  ihey 

,  whcic  wan  the  fraud  in  the  proposal  to 

L  taoti  other  ?    Or  how  couhl  it  be  under- 

mnke  a  falw  appeiriitce,  wtib  pro- 

raag^,  or  eofrniMmjufticef  fiulit 

lie,  3iat  this  advtr*-  V  -t  —  rr  fair 

,  was  not  gfveo  by  ti  it  by 

_bafn,  sod  without  i,,^  piiv^y  Jr 

'sod  oi^msioiiaUy  tn  eoiifSTMtkm 

iters ;   afnl  n«  to  th«'  lubseripliim 

I;  d.  my  argu* 

tibt  f  be  pr«is 

or  iwtm  4mn  th«m  to  sign  tt  '*  lie,  Ibey 


i 


4 


I 


1119] 


10  GEORGE  L 


Trial  nfthe  Earl  tifMauk^td, 


J,  I  shall  begf  yonr  lardships*  pertnistioti 
\  l*r»  QUt  of  cliose  Artictes,  so  tar  as  shortt%  to 
obftrrre,  that  in  the  preamble  hi  the  Articles  of 
Im|tejichmeiit,  where  the  ^evi^nt  fa  fours  ooiJ 
•dtraulugnes^  which  the  noble  Earl  at  ihe  Imrre- 
Gei?eii  from  the  crown,  arc  enuinerdtetlt  thow 
which  were  the  peculiar  marks  nf  his  mnjt-*sty  *fl 
royal  boiiuty  to  him^  and  those  which  wet^  the 
ordinary  benefits  and  aUominces,  which  the 
£u.rl  enjoyed  in  common  with  his  preilecessors 
in  that  office,  are  m  blended  together,  and  set 
in  such  a  hifht,  that  at  least  it  gives  an  occa- 
sion to  luiiiake  some  of  the  latter  sort  for  those 
of  the  former ;  if  it  does  not  amount  tuau  insi- 
ntiaiioD  to  that  purpose,  in  order  to  enhance  tlie 
particuli^r  advauta^es  which  the  noble  Earl  has 
receired»abofe  what  they  really  were. 

My  lofds,  I  should  he  iojurious  to  that  noble 
lord,  who  is  posseted  with  seulinieuts  of  the 
<ie«pest  c^ratituilc  to  his  atajesty,  should  l  en- 
deavour to  lessen  the  instance?  of  his  royul  mu 
tiiticence  towards  him  :  and  I  purjioaety  omit 
iiientioninf^  any  thing  of  the  noble  Earl's  merit 
upon  this  occasion  (though  I  humbly  appre- 
henil  Uiut  I  ahoutd  be  thought  very  excusahte 
in  so  doint^,)  because  1  am  sensible,  that  he 
chutes  t')  owe  every  thinfr  purely  to  bis  ma- 
jesty's ijoodriess  ;  yet  as  he  has  {very  projicrly 
as  we  humbly  apprehend)  in  his  Answer,  set 
one  of  \\wsit  mailers  to  its  li  ue  li^ht ;  bv  in- 
formiot;  your  lordships  that  the  annual  allow- 
«Dce  of  4,000/.  per  annum,  mentioned  in  the 
preamble  to  the  Artidejf,  atut  which  he  admits 
to  hsvc  been  granted  to  him,  during  the  time 
be  should  continue  Lord  C  ha  nee  f  lor,  is  uo  way 
particular  in  his  case ;  but  that  the  same  haSf 
tor  many  y^v\ts  past,  been  constantly  grranted 
to,  and  enjoyed  by  his  predeceviionj ;  ^x^e  me 
leave,  my  lords,  for  a  proof  of  what  is  so  in* 
aisted  on,  to  refer  your  lordships  to  what  ep- 
pearii  upon  your  own  Journal,  in  the  case  of 
the  lord  Somers,  upon  the  Impeachment  ex- 
hibited Bn^ainst  him  by  the  House  of  Cotumons, 
for  Hii^h  Crimes  and  i^Iisdemeanorii ;  where, 
in  the  introduction  of  the  Chartre  in  the  Eighth 
Article,  this  appointment  of  4^000/.  per  annum 
to  him  is  alleged  in  ag'gntvation  of  that  Chari^e 
against  him.  HislordsJiifi  by  hi«  Answer  there- 
to, admits,  that  diirin{|^  hisi  custody  of  the  s^reat 
sea]^  he  did  receive  the  protits  and  perquisiteu 
thereto  beloniring,  which  before  hts  time  wero 
become  very  incoobideriible  ;  and  that  he  did 
also  receive  an  annual  allowance  from  his  I  lien 
majesty  of  4.000/.  per  annum,  b«in*»  the  hke 
pension  that  had  been  alloweil  to  several  of  bis 
predeces!»ors.  Tliii,  we  humbly  apprehend, 
plainly  shews  both  that  this  allowance  has  been 
usual  J  and  likewise  the  reason  of  makinyr  uuch 
allowance  ;  which  is  the  inconsiderablenesfi  of 
the  ordinary  protits  and  pertjuisites  belonging 
to  that  bijf  h  station. 

1  shall  now  proceed  to  the  Articles  T  pro- 
posed to  speak  to;  in  which  the  matter^ which 
IS  charged  as  crimmal  upon  Ihe  Earl,  is,  That 
ht»  did  illegally,  corruptly  and  exiorsively,  in^ 
mnt  upon,  take  and  receive,  the  several  sums  of 
moaey  therein  respectively  menViooed,  Vov  vHe 


admilting  llie  several 

Fifih.  8ijtlh,  Hevenlh,  aiid   Et|rhtli 

l>e  iVla»ten%  of  the  Court  of  Chatkcvvy ; 

small  variation  in  tlie   Ei^^ht' 
of  ags-ravatiou,  thiit  tlu  re   \n 
that  office,  wliich  is  there  tak 
tor  permiitiii(<  Thomas  Benn  ^  all 

in  the  Niolli  Article,  to   rcv^  .   „  ,    nffii 
Clerk  of  the  Cu^tudieii ;    which  ia  agrctftl 
a  charge  much  of  the  same  nature  with  thi 
the  fot»r  pntoeding  ArUclcH  ;    myd  is  atle^  ts 
be  againi»t  the  good  and  whole:kkai«  [aw» 
stututes  of  this  ix^alm. 

it  has  been  Ktrongly  juxi^tei)  on,  liy  Ihe 
ticmea  ap|N>ioied  to  manage  thi»  pr< 
that  ihiii  is  a  matter  which  is  Hiuliun  in  tt^ 
const  quenily  a  crime  at  comiuoti  Uw,  ■» 
as  e\i»ressly  ai^.iinst  tho  statute  of  18  itclur4 
C,  aud6ihof  Eldwurd  6,  amJ  tio  tneaas,  list 
could  be  thought  K\i\  have  been  wraoting  to  ft» 
present  it  und^r  all  the  !)^  >^»  ».r. «,....♦..,-  — 
cumstanc«^s,  nod  in  the  g> 
ful  appearance,  that  the  L  _  I^-l  ^-._,.>,  . 
give  lb 

IVfy  lorfk,  the  Earl,  by  Uis  Answer,  di 
that  \)e  did  at  any  time  im\%x  upon  the  tw 
105/.  or  any  other  sum  of  inoucv,  to  pensiiii 
accept  of  the  resit* nation  of  Tbotnas  " 
mentioned  in  the  Nintii  Arucle;   or  did 
to  permit  or  accept  thereof,  uuiii  the  ^d 
mai»  Bennet  had  agreed  to  pay  the  H-^(tie,or 
other  sum  of  money  on  t!i  uitt  vi\mk 

a  denial  of  that,  wlitch  r  <,  the  Ci 

in  that  Article:  he  does  tuot^ 
did  receive  a  present  from 
under  the  circumstances  meuiiu.>^ivu  lu  \\ 
swer  to  thai  Article  \  and  likewise  that  ht 
cepted  the  presents,  which  were  trrely 
luDlarily  sent  to  him,  by  the  several 
mentioned  in  the  four  precedin|f  An 
two  of  wbicli  inatancet  aJi,  ami  in  the 
great  part  of  what  he  so  received,  bas 
tit  rued.  But  his  lonhhip  very  ri^bUy  fi 
humbly  apprehend,)  insiikts  upon  it  iti'gcix 
that  the  acceptance  of  present!*  Li|Hin  suob 
caaioDS  has  been  long  used  and  pracUfedbybf 
predecessors ;  ond  that  they  liave  beeo  uclni 
ed  as  the  ancient  and  known  per<|itt^iet  «f  li* 
said  olHce :  that  it  is  not  crimtnii  lo  iodf,  n 
by  the  common  law,  or  against  ftoy  stalale  4 
this  realm  ;  or  subject  to  any  judgmaity  wlacl 
«:aii  be  prayed  in  this  prusecutioo. 

Ttie  gentlemen  of  the  IJouse  of 
my  lortU,  iu  order  to  support  wli%l  tJicy 
iujiiaed  upoDf  and  to  make  it  atji»i  :ir  tW 
an   acceptance  of   presents  i 
cau&cd  the  statute  of  12  Rid 
to  your  lordiihipv;    and  hav«:  producvi} 
Ay  res,  to  give  an  account  ol  the  ceri 
which  ii»  atiuually  practi^d  Qpuii  tUe  occs^ 
of  nominating  ol  sheriO's. 

l>von*t  presume  to  act  .  utxiilt 

ytiMt  lordahips  with  any  '.cstjm^ 

mg,  whether  what  pas^^:^  i)r>nii  lunt  uccMii 
ou;^ht  to  be  esteemed  an  oath  or  tio ;  bu4  wj 
\on\%  1  ho[)e  1  may  venture  tu  t^y^  that  it « 
very  ^tlain,  it  is  no  oath  of  o^cc  tn  gQ}cr«l,frf 


41 


mi} 


Jar  High  CHmis  and  MudstntMnon. 


A.  D.  1725. 


[1122 


this  reason^  becnuse^  if  it  hail  bcea  so,  the  once 
t%kiug  it  hftU  been  sutticicMi ;  luid  there  would 
liare  been  no  occasion  of  re|ie{^linv(^  it  aDuiialt)', 
ID  the  sbifbt  cursory  roaouer  Mr.  A yrt^  Las 
^iTeQ  an  occouot  of,  upon  one  particular  c»cca- 
sion  ;  which  hkewise  shews^  thiit  what  is  (hen 
done,  is  confined  to  thut  matt*>J  only  which  is 
tbeu  tran^actin^t  t^f^^  ^^^  intended  to  be  geue^ 
illy  obligatory  in  other  thini^. 
[If  the  accepting' of  presents,  upon  occasion 
recommending,  or  admiturijur  officers  to 
Wies,  had  been  understood  to  be  criminal  in 
!  eye  of  tlie  r:ominon  (aw,  or  ag^ainst  (he  sta- 
rof  X%  Hfchard  3,  no  doubt,  but  in  so  |;reat 
^length  of  time,  preredifius  might  have  been 
ducetl,  where  persons  had  been  censured,  or 
liutshed,  for  a  practice  which  \yss  been  repre- 
nted  to  your  lordhhipfl  as  the  most  vile  and 
prnictous  so  it  of  bribery  and  con-uption  ;  and 
^t,  notwithstanding  the  inany  marks  of  the  ae* 
rity  of  the  go\  ernmeut  a^ain&t  bribery  and 
corruption,  which  have  been  taken  notice  of, 
the  ^enllemen  of  the  House  of  Commons  have 
en  pleased  tu  acknowledge^  that  there  i^  uo 
ecedent,  nojudg'ment  toesiablish  and  wairaut 
4)at  they  assert  to  be  law  in  tbi§  point. 
I  My  lordti,  I  l>e^  ieave  to  ^y,  that  a  stronger 
jument  titan  luis,  can  hardly  be  thought  of^ 
)  prove  that  this  behaviour  is  not  illegal ;  it  ■» 
^method  of  reasoning  in  our  law,  and,  1  con- 
ive,  con9on;int  lo  the  ^eneml  reasoci  of  man* 
ud  ;  that  where  a  thing  never  has  been  done, 
t  tu  be  supposed  there  is  uo  ground  or  loun- 
tion  for  the  tloiu^'  it.  Nor  can  this  way  of 
ftsoniui^  he  avouled,  but  by  supposing  that 
ere  never  have  been  any  instances  ot  this  na- 
!  before,  or  t  ho  tie  so  rare,  and  private,  that 
government  imd  no  opportunity  of  taking 
tice  of  them :  a  sufiposltion,  my  lords,  so  ex- 
ordinary,  that  there  is  hardly  room  to  admit 
Tit:  and  therefore,  when  we  shall,  with  your 
dsliipii'  (permission,  lay  before  you  instances 
rihis  tbioK  having  been  frecjuently  and  open- 
r  done,  it  will  not  be  so  much  in  order  to  prove 
\  contrary  of  such  »  supposition,  as  to  give 
I  opportuoity  to  your  lord stiips,  and  to  intreat 
\  to  redect  on  the  great  abihties,  and  uuc|ues- 
nable  integrity  of  those  eitcellent  persons 
)  have  acted  in  the  same  manner i  the  no- 
riety  and  openness  with  which  Ihis  has  been 
UEisacted,  and  the  perfect  silence  of  the  grand 
i|uisitursof  the  nation,  and  the  whole  legis^ 
nre  in  regard  thereto :  aoil  then  to  cousuler 
clearness  and  force  of  such  a  comment 
I  the  law,  both  from  the  actionb  of  tb;»se, 
\  characters  will  not  allow  of  a  suspicion, 
%i  tbey  wuubl  act  contrary  to  what  they  ap- 
eheuded  to  be  the  law  :  and  from  the  silence 
Ttbose,  who  should  and  would,  no  doubt  of  it, 
iTe  taken  severe  notice  of  it,  if  \X  had  b«en 
dughtto  bavt"  been  so. 

;  suppose,  a  tier  all  that  has  been  said,  thnt 
5k  was  still  a  doubtful  point,  would  it  not,  my 
»,  tie  exireraely  hard  to  rouse  up  an  old  an- 
uatcd  law,  which  for  so  nt^ny  centuriei  has 
lietly  slept,  without  exerting  itself,  wjihont 
ling  my  mark^  or  learlog  any  tr»c«i  of  ita 
VOL.  XVI. 


force  and  vrgaur,  to  point  out  the  danger  ati^l 
lending  such  a  practice;  a  lU'aclice  thut  has- 
been  owned  snd  countenance<l  by  r*uch  great 
and  unexceptionuhle  men,  and  objected  to  by 
none;  and  which  from  thence  might  \«ell  re- 
ceive theappearauct:  of  being  fnir  and  Uinoceiil ; 
would  it  not,  i  say,  my  lords,  be  very  hard, 
without  some  previous  notice  of  the  danger,  to 
put  this  law  in  execution »  to  unsheath  this 
rusty  sword  to  woumlthi'i  noble  earl  with  ?  We 
hope  your  lordships  would  think  so,  if  it  w^re 
capable  of  hurting  him,  which  we  humbly  ^p* 
prebend  it  is  not ;  and  that,  if  there  is  any 
doubt  remaining  with  your  lordships,  as  to  the 
legality  of  the  Ear  IN  behaviour  iu  ibis  point, 
that  the  statute  of  oih  of  Edw.  6,  will  ctvar  it 
up  beyond  question  ;  and  that  it  will  manilest* 
ly  appear  by  that  statute,  that  accepting  of 
presents  is  neither  mulym  in  te  ag»inbt  the 
common  taw,  or  I  be  statute  of  Rich.  2,  and 
that  this  statute  of  £dw.  O,  must  be  looked 
upon  as  a  declarative  law  in  those  points,  or 
oi  her  wise  it  must  be  allowed  (which  none  sure 
will  suppose)  that  the  legislature  of  this  king- 
dom has  made  a  provision  to  sane  til  y  a  moral 
evil ;  (for  that  is  the  import  of  maitim  in  se) 
to  allow,  permit,  and  even  encourage,  contrary 
to  the  statute  and  common  law,  a  practice  not 
only  imtnoral  and  vile,  but  of  the  most  per- 
nicious tendency  and  consequence,  if  the  re- 
iiresentatiou  maile  of  it  by  the  gentlemen  of  the 
ilouse  of  Commoniiis  to  be  regarded. 

My  loifls,  1  shot  I  pass  by  the  fourth  para- 
grapDofti>at  ststute,  whereby  it  is  provided, 
that  the  said  act  i^bould  not  extend  to  oftlces  of 
inheritance ;  though,  I  prcsuine,  ttte  large- 
ness of  the  estate  Ptwx  hardly  be  iboughi  to 
alter  the  moral  nature  of  the  action,  Bv  the 
6tb  paragraph,  there  is  a  saving  for  ail  bar^^ 
gains,  sales,  promises  and  agreements  of  or  for 
any  otiica  m^de  before  the  Urst  of  March  ;  and 
such  bargains,  sales,  nnd  contracti,  arc  ejc- 
eropted  out  of  the  force  of  that  act*  Yoi  r 
lordships  will  be  pleased  to  observe,  this  s^s« 
siuO  of  parU»iaeDt  began  the  23d  of  Jiinuary  ; 
so  that  this  saving  cluui^e  makes  a  provision 
for  futurity.  My  lords,  this  would  bt;  to  esta- 
blish iniquity  by  a  law,  if  the  accepting  a  pre- 
sent on  occasion  of  admitting  a  person  into  an 
oHice,  was  immoral  and  criminal,  as  bits  been 
aaseited.  Hut  if  it  were  so,  and  likewise 
against  the  statute  of  12  Uich.  i,  and  contrary 
to  the  supposed  oath,  taken  in  pursuance  of 
that  stntute;  what,  my  lords,  must  be  thought 
of  the  last  psragraph,  which  pruvides,  that  the 
act  should  not  extend  to  the  chief  justtces,  or 
justices  of  assize,  that  then  were,  or  thereafter 
^should  bef  These  all  annually  take  the  sams 
oath  (if  it  is  lo  pass  as  such)  upon  tht-  jiduie  oc-^ 
casion  of  oominatmg  of  sbertfifs,  as  Mr»  Ayrei' 
has  informed  your  lordships;  and  are  con9«* 
quently,  by  virtue  thereof,  under  the  satns 
obligation,  in  this  respect,  us  a  Lord  Chancellor:  • 
and  c^n  your  lordhtps  suppose  that  so  in  iriy 
reverend  and  learned  persons,  who,  from 
their  known  duty  of  attemlatu:^^  xiA>4j*t\  Na<^ 
presumeil  \<>  \^   i^t«w«X  m  >i<4>»  \^\iij^v^ 

4X 


1119] 


10  GEORGE  L 


Trial  of  the  Earl  tif  Macch-tfitld^ 


I 


proceed,  I  shall  beg  ynnr  lordships'  pennlsmon 
^to  go  out  of  those  ArUctes,  90  fur  as  shortiv  In 
obsKTte,  that  in  the  preamble  to  the  Articles  nl' 
Iiii[»eiichiiietit,  where  the  tiererni  favoni's  and 
ftdviwtages,  which  the  noble  Earl  ot  the  liarre^ 
ceiled  from  the  cro^irn,  are  eniimeruted,  thn^ 
which  were  the  pectiUar  marks  of  hit  iinaji>sty*8 
royal  bounty  tu  nim,  and  those  which  were  the 

ihnary  benefits  and  allowanceSf  which  the 
_3;irl  enjoyed  in  common  with  bis  predecessors 
la  that  omce,  are  so  blended  together,  and  set 
in  such  a  iiifht^  that  at  least  it  !^t?es  an  occa> 
sioii  to  tDistakc  some  of  tlie  latter  sort  f^tr  those 
of  the  former ;  if  it  does  not  amount  l<i  an  lasi- 
auation  to  tltat  purpose,  in  order  to  enhance  the 
particular  adtaiitai*:es  wliicli  the  noble  Karl  has 
receiired,ttboi^e  what  tliey  really  were. 

My  tord;^,  [  should  be  injiiriuus  to  that  noble 
lordf  who  is  possessed  with  sentiments  of  the 
deepest  jj;ratittide  to  his  uifljcbty,  nhouhl  1  en- 
deavour to  lessen  the  instances  of  his  royal  mu 
liificence  towards  him  :  and  I  purposely  omit 
mentioning  any  thing  of  ibe  nobie  EarPd  tnerit 
upon  this  occasion  (though  I  humbly  appre* 
liend  that  I  ahoald  lie  thought  very  evcusahte 
in  so  doini*',)  because  I  am  sensible,  that  lie 
ehu«es  t^  owe  every  tlnngr  purely  to  his  ma- 
jesty's i^otvdness  :  yet  as  he  has  (very  properly 
4MI  we  btimbly  apprehend)  in  his  Answer,  set 
one  of  those  mutters  in  its  tniu  hjj^ht ;  by  iq- 
Ibrwiofi^  your  lordjihipti  thut  the  annual  alloW' 
anceof  4,000^.  per  annum,  mentioned  in  ibe 
preamble  to  the  Articles,  and  which  he  admits 
to  have  been  granted  to  him,  during  the  time 
be  !ihon1d  continue  Lord  ChanceHor,  is  no  v?ay 
particular  in  his  case;  but  that  the  same  has, 
tor  many  years  ftast,  been  couBtanlJy  granted 
to,  and  enjoyed  by  his  predeceKi»0h4 ;  give  me 
leave,  my  lords,  for  a  proof  of  what  is  so  iu- 
fisted  on>  to  refer  your  lordships  to  what  ap- 
pears upon  your  own  Journal,  in  the  case  of 
the  lord  8<jmer8,  upon  the  Imp^acbmeot  ex- 
hibited against  bimbytheHouse  of  Cotumons, 
for  High  Crimes  and  Misdtmeauois  ;  where, 
in  the  introduction  of  the  Chartfe  iu  the  Eighth 
Article,  this  appointment  of  4>00(i^.  per  annum 
to  him  is  allef^ed  in  afi^ravatioQ  of  that  Chaise 
against  him.  His  lordship  by  his  Answer  there- 
to, admits,  that  durinqr  bis  cuivtody  of  the  great 
teal,  be  did  receive  the  protits  and  |>erquisites 
thereto  belonging,  which  before  his  time  were 
become  very  incoosider:ible  ;  and  tliat  he  did 
also  receive  an  annual  allowaace  from  his  then 
m^csty  of  4,000/,  per  annum,  btdin^:  the  bkc 
pe&sion  that  bad  been  allowed  to  several  of  bis 
predecessors,  Thi»,  we  humbly  apprehend, 
plainly  shews  both  that  this  allowance  has  been 
usual,  and  likewise  the  reason  of  makings  such 
allowance;  which  is  the  inconsiilerab'euess  of 
the  ordinary  profits  and  perquisites  belongiug 
to  that  bi^h  station. 

J  shall  now  proceed  to  the  Articles  I  pro- 
posed to  speak  to  ;  in  which  the  matter,  wuich 
IS  charged  as  criminal  uiHin  the  Earl,  is,  That 
be  did  illegally,  corruptly  and  extorsively,  in- 
ai>)t  upon,  take  and  receive,  the  several  sutnsof 
luou^y  therein  respectively  mentioned,  for  the 


[11 


admitting  the  several 

Fdih,  Sixth,  ^venlh,  and    T     ' 

be  iVlAstepi^  of  the  Court  o(f  i 

small  variation  in  the  Eij^btti    . 

of  ug{;ruvation«that  there   was  i 

that  otiice^  which  is  tber*^  laL.  n 

for  fiermJttintjr  Thomas  I 

in  the  Ninth  Article,  t      : 

Clerk  of  the  Custtnlies  ;    wbicb  %%  agret^  (o  bs  ^ 

a  charge  much  of  the  same  nuture  with  that  m 

the  four  praceding  Articles  ;    antJ  is  alV 

be  Q gainst  the  gootl  and  whu)cM>f>s«  ia^ 

stiitiUefi  of  this  realm. 

It  has  been  strongly  insisteil  on,  liy  tfa#| 
ticmen  appointed  to  manage  thia  pr^ 
that  this  is  a  luo^ttcr  wbicli  is  malum  inm^\ 
consequently  a  crime  at  cominnti  law,  mH 
a^  expressly  ai^^ntnst  the  statute  of  VI  Ri«" 
'2,  and  61  h  of  Edward  6»  and  no  meaaa, 
could  be  tbouj^ht  ot*,  ttave  bi'i^a  wantiag  to  1 
present  it  und I r  all  the  u\<v^\  ^"''irra.vaiiij 
cumstunc's,  and  iu  the  1  us  ami  I 

ful  appearance,  that  the  I  i  coWtAr9  1 

give  l^ 

My  lords,  the  Earl,  by  bis  Anawcr, ' 
that  lie  did  at  any  time  insist  ujmti  the  \ 
IOj/.  or  any  other  sum  of  itiunei\  to  peraiil 
accept  of  the  restu nation  of  TIioihas  T 
mentioned  in  the  N tilth  Articlf*;  or  did 
to  )»ermit  or  accept  thereof^  uutil  the  «aid 
mas  Benuet  had  agreed  to  pay  the  ffaiiie,or4 


I 


other  sum  of  money  on  t1 1  "  1  ni :  wbic^ 

a  denial  of  thai,  wliirh  '  v  the  Ch 

in  that  Article:  he  does  luuc^. 
did  receive  a  present  frouo 
under  the  circumstances  meni 
twer  to  that  Article  ;   and  lik 
cepted  the  presents,  which  wt  ^ . 
luntarity  aent  to  him,  by  the  sever 
mentioned  io  the  four  nreccdin]^  Artii 
two  of  w hicb  inalaDceft  all,  and  in  tlie  o^ 
great  putt  of  what  be  so  received,  baa  I 
turned.     But  bis  loi-dsbip  very  rig'bUj 
humbly  apprehend,)  insists  upon  it  io  1 
that  the  acceptance  of  presents  tipcm  \ 
castODs  has  been  long  used  aiid  practi 
predecessors;  and  tltat  tbcy  h  >   ,  ' 
ed  as  the  ancient  uud  knowu  \ 
said  office  :    that  it  is  not  criu. 
by^  the  common  law,  or  again 
this  realm  ;  or  subject  to  any  j..w|^«. 
can  be  pmycd  in  this  prosecutiaii. 

The  getitlemenof  the  liuust!  (»f 
my  lords,  iu  onler  to  su  aI 

insisted  upon,  and  to  mniv     1         ,    ar  t 
an  acceptance  of   pre^ut*  t^  en  mm 
caused  Lbe  statute  of  l%  Richard  "i^  to  I 
to  yonr  lordships;    and  bavu  produced 
Ay  res,  to  give  an  aoeouut  uf  the  cercmcv^  I 
which  Ls  annually  practised  upau  the  occaitfli 
of  nomuiating  ot  sneriffs. 

J  >iron't  presumes  to  act  tbe  casutH  i 
^our  hirdshi{fs  with  any  oicdieai  i 
mg,  whether  what  passes  i9p<»a  ti^ai 
oui^ht  to  be  cbteemed  an  oath  or  110 ; 
lords,  1  ho(je  I  way  venture  to  s*iy,  t^. 
rery  plain,  it  is  no  oatb  of  office  to  gwcc^l 


fvir  High  Crimes  and  Misdemeknors. 


A.  D.  1725. 


[111^2 


iton,  because,  if  it  had  been  so,  the  once 
it  had  beeo  sufficient ;  and  there  would 
een  no  occasion  of  re|ieatin^  it  annually, 
slight  cursory  manuer  Mr.  Ay  res  has 
an  account  of,  upon  one  particular  occa- 
which  likewise  shews,  that  what  is  then 
s  confined  to  that  matter  only  which  is 
finsactin^,  and  not  intended  to  be  gene- 
»bligatory  in  other  thin^rs. 
le  accepting  of  presents,  upon  occasion 
omoiending,  or  admitting  officers  to 
,  had  been  understood  to  ^  criminal  in 
e  of  tlie  common  law,  or  against  the  sta- 
IS  Richard  3,  no  doubt,  but  in  so  great 
:h  of  time,  precedenls  might  have  been 
ed,  where  persons  had  been  censured,  or 
ed,  for  a  practice  which  has  been  repre- 
to  your  lordships  as  the  most  vile  and 
lous  sort  of  bribery  and  corruption  ;  and 
itwithstandiug  the  many  marks  of  the  se- 
of  the  go\eniment  against  bribery  and 
tion,  which  have  been  taken  notice  of, 
ntlcuien  of  the  House  of  Commons  have 
leaseil  to  acknowledge,  that  there  is  no 
ent,  no  judgment  toesiablish  and  warrant 
hey  assert  to  be  law  in  this  point, 
lords,  1  lieg  leave  to  sav,  that  a  stronger 
ent  than  this,  can  harJly  be  thought  of, 
re  that  this  behaviour  is  not  illegal ;  it  is 
lod  of  reasoning  in  our  law,  and,  I  con- 
consonant  to  the  general  reason  of  man- 
that  where  a  thing  never  has  been  done, 
be  supposed  there  is  no  ground  or  foun- 
for  the  fioing  it.  Nor  can  this  way  of 
ing  be  avoided,  but  by  supposing  that 
lever  have  been  any  instances  of  this  na- 
•fore,  or  those  so  rare,  and  private,  that 
ivernmeiit  had  no  opportunity  of  taking 
of  them :  a  supposition,  my  lords,  so  ex- 
nary,  that  there  is  hardly  room  to  lulroit 
and  therelbre,  when  we  shall,  with  your 
ips'  iMTHiission,  lay  before  you  instances 
thing  having  been  i're(|uently  and  open- 
e,  it  will  not  be  so  uiurh  in  order  to  prove 
iitrary  (»f  such  a  supposition,  as  to  give 
lortunity  to  your  lonlsUips,  and  to  intreat 
redect  on  the  great  abilities,  and  unques- 
le  integrity  of  those  excellent  persons 
ave  acted  in  the  same  manner:  theno- 
'  and  o|K:nness  with  which  this  has  been 
cted,and  the  pertect  silence  of  the  grand 
tors  of  the  nation,  and  the  whole  legis- 
in  regard  thereto :  and  then  to  consider 
earness  and  force  of  such  a  comment 
he  law,  both  from  the  actions  of  those, 
characters  will  not  allow  of  a  suspiriou, 
ley  would  act  contrary  to  what  they  ap- 
ifleil  to  b(?  the  law :  and  from  the  silence 
le,  who  should  anil  would,  no  doubt  of  it, 


force  anil  vigour,  to  point  oat  the  danger  at- 
tending such  a  practice ;  a  practice  that  hai 
been  owned  and  countenanced  by  such  great 
and  unexceptionable  men,  and  objecteil  to  by 
none ;  and  which  from  thence  might  well  re- 
ceive the  appearance  of  being  fair  and  innocent : 
would  it  not,  I  say,  my  ionls,  be  very  hard, 
without  some  previous  notice  of  the  danger,  to 
put  this  law  in  execution,  to  unslieath  this 
rusty  sword  to  wound  this  noble  earl  with  ?  We 
hope  vour  lordships  would  think  so,  if  it  vM're 
capable  of  hurting  him,  which  we  humbly  ^p* 
prebend  it  is  not;  and  that,  if  there  is  any 
doubt  remaining  with  vour  lordships,  aslo  the 
legality  of  the  Earl's  behaviour  in  this  point, 
that  the  sUtute  of  6ih  of  £dw.  6,  will  clear  it 
up  beyond  question  ;  and  that  it  will  nianifipst- 
ly  appear  by  that  statute,  that  accepting  of 
presents  is  neither  malum  in  $e  agamst  the  - 
common  law,  or  the  statute  of  lUcli.  2,  and 
that  this  statute  of  Edw.  6,  must  be  looked 
upon  as  a  declarative  law  in  those  points,  or 
otherwise  it  must  be  allowed  (which  none  sure 
will  suppose)  that  the  legishiture  of  this  king- 
dom has  made  a  provision  to  sanctify  a  moral 
evil ;  (for  that  is  the  import  of  malum  in  se) 
to  allow,  permit,  and  even  encourage,  contrary 
to  the  statute  and  common  law,  a  practice  not 
only  immoral  and  vile,  bat  of  the  most  |)er- 
nicious  tendency  and  consequence,  if  the  re- 

J)resentation  made  of  it  by  the  gentlemen  of  the 
ilouse  of  Commons  is  to  be  regarded. 

My  lords,  I  shall  pass  by  the  fourth  para- 
grapnofthat  statute,  whereby  it  is  provided, 
that  the  said  act  should  not  extend  to  ofHces  of 
inheritance;  though,  I  presume,  the  large- 
ness of  the  estate  can  hardly  be  thought  to 
alter  the  moral  nature  of  the  action.  By  the 
6th  paragraph,  there  is  a  saving  for  all  bar- 
gains, sales,  promises  and  agreements  of  or  for 
any  office  made  before  the  first  of  March  ;  and 
such  bargains,  sales,  and  contracts,  are  ex- 
empted out  of  the  force  of  that  act.  Yoir 
lordships  will  be  pleased  to  observe,  this  sis- 
fcioli  of  parliament  began  the  23d  of  January  ; 
so  that  this  saving  clause  makes  a  provision 
for  futurity.  My  Ionls,  this  would  be  to  esta- 
blish iniquity  by  a  law,  if  the  accepting  a  pre- 
sent on  occasion  of  admitting  a  person  into  an 
office,  was  immoral  and  criminal,  as  has  been 
asserted.  But  if  it  were  so,  and  liken ise 
against  the  statute  of  12  Uich.  2,  and  contrary 
to  the  supposed  oath,  taken  in  pursuance  of 
that  statute ;  whit,  my  lords,  must  be  thought 
of  the  laHt  paragraph,  which  provides,  that  the 
act  should  not  extend  to  the  chief  justices,  or 
justices  of  assize,  that  then  were,  or  thereaf^r 
fthould  be?  These  all  aunually  take  the  same 
oath  (if  it  is  to  pass  as  such)  ufion  the  Name  oc« 


aken  severe  notice  of  it,  if  it  had  been  |  casion  of  nominating  of  sheriflTs,  as  Mr.  Ayrea' 


ill  to  have  Ijeen  so. 
suppose,  after  all  that  has  been  said,  that 
M  still  a  doubtful  iioint,  would  it  not,  my 
be  extremely  haruto  rouse  up  an  old  an- 
id  law,  which  for  so  many  centuries  baa 
f  slept,  without  exerting  itself,  without 
■oj  nutfky  or  leaving  any  traces  of  its 
LXVI. 


has  informed  your  lordships ;  and  are  conse- 
quently, by  virtue  thereof,  under  the  saoM 
obligation,  in  this  respect,  as  a  Lord  Chancellor: , 
and  can  your  lord  hips  suppose  that  so  m.iny 
reverend  and  learned  persons,  who,  from 
their  known  duty  of  attendance,  must  b« 
presumed  to  bt  prtMBt  in  your  loffdilii({i? 
4C 


llSSj 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maeeletfield, 


[1181 


House,  whibt  tins  law  waa  there  under  con- 
tideratioD,  would  have  ff>rborne  iDformio^ 
their  then  lordships,  how  cootradictory  those 

Earls  of  this  statute  were  to  the  common 
Lw,  and  the  statutes  of  this  realm,  especially 
that  of  Richard  2.  Can  it  possibly  be  con- 
ceived, thst  the  whole  legislature  would  pass  a 
law,  not  only  to  allow,  in  several  instances,  the 
practice  of  what  was  so  contrary  to  the  law  of 
reason,  as  well  as  the  common  and  statute  law ; 
but  even  to  give  a  licence,  and  encouragement 
to  break  an  oath  prescribed  by  statute,  and  an- 
jiually  repeated ;  and  that  nobody  should  ever 
scruple  the  tloing  so,  or  discover  the  illegality 
of  this  practice,  but  upon  this  unfortunate  oc- 
casion ?  And  yet,  my  lords,  monstrous  as  these 
suppositions  are,  they  must  (as  1  humbly  con- 
ceive) he  allowed  of,  or  it  must  be  granted  that 
such  acceptance  of  presents  is  not  *  malum  in 
se,'  or  contrary  to  the  statute  of  Richard  S. 
And  I  hope  it  is  plain,  that  this  statute  of  Ed- 
ward 6,  IS  in  effect  a  declarative  law  in  those 
points. 

My  lords,  the  gentlemen  of  the  House  of 
Commons  seemed  sensible  of  these  difficulties  ; 
and  therefore  they  have,  with  great  industry, 
endeavoured  to  distinguish  what  the  Earl  has 
done,  from  the  common  and  ordinary  way  of 
accepting  of  presents,  upon  such  occasions. 
They  have  told  your  lordshi[>8,  that  his  method 
was  haggling  and  extorsive ;  and  have  given  it 
abundance  of  other  hard  names :  they  nave  to 
confirm  it,  informed  your  lordships,  that  the 
prices  lately  given,  have  been  higher  than 
those  formerly  accepted  upon  the  like  occasions : 
though  they  have  not  condescended  to  attempt 
the  proof  of  it. 

My  lords,  as  the  manner  of  the  Earl's  taking 
of  presents  will  depend  in  a  great  measure  npon 
the  evidence,  which  has  been  offered  to  your 
lordships  upon  these  Articles  ;  I  shall  beg  leave 
to  lake  some  short  notice  of  it.  As  to  the  9ih 
Article,  Mr.  Thomas  Bennet  has  hern  pleased 
to  inform  vour  lordships,  that  he  did  desire  to 
have  the  \\?^vVs  recommendation  of  Mr.  Ha- 
mcrsley,  to  succeed  him  as  Clerk  of  the  Cus- 
todies :  and  that  being  told  at  the  second  meet- 
ing with  Mr.  Cottinr^liam,  that  a  present  would 
be  expected,  he  said  it  was  a  very  hard  and 
unreasonable  thing  to  expect  a  present  from 
him,  who  bad  so  lately  paid  a  large  sum 
upon  his  being  admitted  into  his  other  office  : 
but  upon  its  being  insisted  on,  that  100  guineas 
should  be  paid,  he  was  forced  to  comply  there- 
with, and  agree  to  pay  it 

My  lords,  I  humbly  insist  upon  it,  that  if  an 
entire  credit  were  to  be  given  to  what  Mr. 
Bennet  has  said  upon  tliis  occasion,  it  would 
not  amount  to  a  proof  of  the  Charge  contained 
in  this  Article :  the  corruption  and  extortion 
therein  complained  of,  being  restrained  to  the 
consideration  of  permitting  and  accepting  the 
surrender  of  the  office  there  mentioned  ;  all 
the  other  parts  of  that  Article  beinf  only  intro- 
ductory to,  or  ID  aggravation  of  that  supposed 
offence.  Bat  Mr.  Bennet  hu  nol  mentioned 
«e  jonr  hiM^  «m  wfUm^  of  the  BMl«k 


having  refused  to  permit  or  aeoept  a 
of  that  office,  or  of  his  having  received  any  sm 
of  money  in  consideration  of  bin  permittag  er 
accepting  Mr.  Bennet*s  surrender  thereof. 

But,  my  lords,  we  must  beg  leave  to  suboit 
it  to  your  lordships'  consideratioo,  what  credit 
is  to  be  given  to  Mr.  BenncfSs  erklenoey  so  ht 
as  it  does  go,  for  this  iNnrpose.  The  gentlemceof 
the  House  of  Commons  have  thought  fit  te  cdl 
Mr.  Cottingham,  as  a  witness  to  thia  Artids ; 
who  owns  that  in  his  first  discourse  with  BIr. 
Bennet  upon  this  occasion,  he  told  him  be  k^ 
lieved  a  present  would  be  expected  to  thegmt 
seal,  and  that  Mr.  Bennet  freely  offered  100 
guineas,  before  Mr.  Cottingham  spoke  to  tbs 
Earl  about  that  aflair.  He  expressly  coetn- 
dicts  Mr.  Bennet  in  what  be  aaid  of  Mr.  Cit- 
tingham's  insisting  upon  100  guineas,  and  Nr. 
Bennet*s  agreement  to  give  that  sum  at  dhi 
secon«l  meeting,  Mr.  Cottingham  swearing,  ikst 
the  offer  of  100  guineas  was  voluntary  on  Nr. 
Bonnet's  part ;  and  that  it  was  at  their  fini 
meeting.  There  are  several  other  eontradie- 
tions  in  their  evidence ;  but  I  shall  only  tob 
notice  of  tliat,  where  Mr.  Bennet  preten«,lfaC 
Mr.  Cottingham  asserted  he  did  not  know  Ur. 
Hamersley,  his  next  door  neighbour.  This 
Mr.  Cottingham  denies,  and  Mr.  Bennet  ii 
forced  in  some  measure  to  retract  what  bt 
had  so  positively  sworn ;  and  cornea  dowa  ti 
a  belief  ouly,  that  Mr.  Cottingham  siid  n^ 
but  will  not  be  positive. 

It  is  something  surprizing,  that  after  tbff 
have  done  Mr.  Cottingham  the  honour  ts  ol 
him  as  a  witness,  and  given  him  a  credit  bf  m 
doing,  hints  should  be  flung  out,  that  Mr.  Col* 
tingham  knows  nobody,  except  where  tbsnii 
gold  in  the  case;  that  gold  is  a  great  clearer  rf 
the  eye-sight,  and  the  like  insinuations,  lolhs 
lessening  his  character.  But  why  then  ^ 
they  call  him  as  a  witness  ?  Surely,  my  lark 
if  he  is  a  person  not  to  be  believed,  it  wai  sit 
altogether  so  pro|ier  to  produce  him  aa  a  witocft 
before  this  august  assembly.  But,  my  Mii 
we  shall  ease  them  in  that  matter,  bf 
thoroughly  establishing  Air.  Cottingham't  re- 
putation; though  it  is  something  untisosllt 
support  the  reputation  of  a  witness  prodnoedky 
the  otlM>r  side :  and  we  hope  your  kwdibt^ 
will  then  find  no  difficulty  in  determining  wl» 
tlitT  Mr.  Bennet  or  Mr.  (Nottingham  daoffl 
most  to  be  crediteil. 

In  support  of  the  5th  Article,  Mr.  KynM 
is  called  as  a  witness.  I  shall  take  no  aaiii 
of  any  part  of  his  evidence,  but  what  rehM 
particularly  to  the  Charge  in  this  Artids^  tbi 
money  paid  upon  his  admittance,  and  the  or* 
cumsiances  of  that  transaction.  Mr.  KyaaiW 
indeed  has  said,  that  he  wonki  willingly  bftft 
paid  but  1,000/.  upon  his  admittance;  andae* 
cordingly  offered  that  sum,  which  Mr.  C^ 
tingham  would  not  hearken  to;  and  thcnibn 
he  submitted  to  pay  1,500  euineaa;  belbi 
owns,  at  the  same  time,  that  be  hM  not  a  le^ 
exact  remembrance  of  what  paessd  nptn  iftii 
occasion.  Mr.  Bailey,  to  whom  Mr. 
iiftni«Bd  whowM  MiagtBl  iiilUs 


for  High  Crimei  and  Misdenuamrs, 


A.  D,  1725, 


[1186 


t  luB  eviffence  \m%  ^men  your  brdsliips  an  ae- 
\  tliat  Mr.  Kynasloo,  Wfl»*»n  iwf  undt?rtlowl 
^al  1,^00  guioeaa  was  apijrelieuJetl  to  be  tbe 
>reseot  be  iDtendeil  to  make,  said,  that  he 
lliutigblitwa«oiily  It^Oui.  but mentionsnothin^^ 
of  the  offer  of  1,000/.    It  h  very  strange  if  tb&t 
bad  been  tke  case,  ihjtt  ii«  ^botilci  not   have 
fjitei  notice  of  that  bkt^wiae.     But  Mr.  Cot- 
ini,  who  is  again  caHetl  a«  a  witness^  shew  a 
_        on  why  no  notice  coiiW  be  taken  of  such 
lolTer;  and  that  i«,  because  t bete  reully  was 
»n6   audi.      He  deuits  that  Mr.    Kynttaton 
Bfwl  1,000/.  and  ■wears  ibut  the  guraotFertrd 
Mr*   Kynaston  was  1,W)0  (guineas;    and 
iitbal  decUreil^  that  he  would  accjuieace  under 
what  the   Earl  should  think  til  in  that  matter  ; 
1  informs  your  lordiibipii,  ifjion  his  beings  in. 
iled  by  the  gentlemen  ot  the  House  of 
nm*>f*»  »"  'hjii  purpose^  that  he  never  did  ac- 
^uwur  1 1   with  what  passed  upon  thut 

ihc  whole  tliijii^  was  agreed  and 
1 1  and  that,  when  he  was  informed  of  it, 
«ed  himself  to  l»e  well  satisfied  there- 
Surely,  my  lords,  here  are  no  extraor- 
linary  endeavoora  or  artrficca  used  to  enhance 
"be  price ;  no  buf  ;rlirig,  by  tirj*t  naming  one 
Lim,  then  another;  but  at  once  the  matter  is 
posed,  and  at  once  ajrreed  and  oonc)u<led, 
10  prove  the  6ih  Article,  my  lords,  Mr. 
Thomas  Ben  net  is  catlml  again  ;  and  htre 
rain  the  like  misfortune  happena  as  before  ; 
Ir,  Ben  net  differs  widely  ff^m  Mr.  Cottio^- 
urn,  who  i«  called  upon  the  same  fiide  to  prove 
aame  Arliclu.  Mr.  Betmet  says,  that  h<> 
:|u»int«<l  Mr.  Cottingbam,  that  he  thought 
waa  enou^'b  to  give  u(>on  bia  ad- 
tilUncef  witli  iiis  reasons  for  such  opi- 
;  but  that,  however,  be  wat  wdltng  to 
1,000  guineas.  Mr  Cotlini^ham  hiL§ 
rorn  that  no  »uch  offer  was  made,  that  n«itbing 
'lat  natuie  passeil ;  but  that  Mr.  ficnnel, 
I  being  informeil  what  bad  l>een  done  be- 
ttpon  the  like  occaiiont»  Ireely  offered 
fuioeaa. 
ly  funis  the  very  nature  of  the  thtnij,  upon 
I  cirenoistanoes  ag-reed  on  all  bauds/ speaks 
|ly  in  favuur  of  Mr.  Colttngham,  and  in 
Mictioo  to  Mr.  Bennet,  as  to  what  is  as- 
il  by  each  of  them  u[»ou  lliift  occ^on. 
lordBhipii  observe  wimi  condition  the  Earl 
^a{|pr«ed  to  be  in  at  that  time;  had  Mr.  Ben- 
I  l{>preb ended  that  be  had  so  very  bard  trrms 
Upon  hini^  Uft  be  woubl  have  your  lord- 
\  believe  he  did ;  would  he  not  have  staved 
)  little  time,  to  bave  Heeo  the  effect  ot  wt 
ftt  a  distemper  aa  a  pleurrtic  fewer^  which 
kffilalitp  ihen  laboured  under  in  a  very  hit^h 
tef  ttpecially  when  Mr  Betmet  appear* 
1  ^  fame  time  to  be  in  tio  very  good  state 
bealtb  himself;  nf  which  he  wan  retntnded 
Mr.  Cotiingbam  ;  who  was  an  fur  fnitii 
_  the  ra|.i«cioiis  part^  in  behali  of  tbtt  great 
(which  waa  not  in  a  w^iy  (*'  «nfl^r,iiy  ttie 
of  a  prraoti  '  '    '  tiiitUv  a  new  va- 

by  deaths)  iK  iiig  Mr.  BrnuH 

^ellaw,and  nut  <ti  oraiu\  he  desired  him 


wbal  lu  waa  gikisig  to  d«,  whan  be 


1 


took  a  place  for  life  in  hia  condition*  Mr. 
Beonei  told  him,  it  was  only  a  cold  ;  and  thai 
therefore  lie  tvoutd  proceed.  This  gentleman, 
who  was  as  he  pretends »  m  cautjoufi  asi  to  ihu 
sum  he  was  to  ^ive  u^iou  his  aihniiunce,  and 
which  he  then  thou^^ht  to  ht^  60  uuiedSoaaUe, 
hurries  on  this  affuir,  under  the«»e  circum- 
Btauces  of  his  own,  as  well  as  the  EarPs  state  of 
health  ;  and  though  out  of  order,  as  he  him- 
self owned,  presses  an  extiiried  sum  of  1,500 
guineas,  into  the  hands  of,  prohjthly,  a  dying 
Chancellor.  Wdl  ntit  your  loidships  tiiitik  it 
more  likely,  that  Mr.  Bennet  appieliendod^ 
that  *%  the  price  of  thinics  then  went^  he  might 
not,  under  a  new  Chancellor,  come  tuto  the 
oOice  upon  aoeasy  terms  a«  were  then  offered 
him  ;  rather  thnii  that  he  thought  hims^tf  to 
be  hai  illy  used  \i\niu  that  occiit^ion  ?  And  here, 
my  lords,  I  heg  leave  to  take  notice  of  what 
has  been  urged,  to  induce  your  lordships  to 
look  upon  thi«  aoceptanoe  of  presents,  by  the 
Earl  in  particutur,  to  be  extorsive^  which  is, 
that  the  sums  oi'  money  given  upon  thej^e,  and 
the  hke  occasions,  kre  lately  giealty  increaiicd. 
Your  lordships  wili  be  pleased  t«  olwerve,  upon 
what  has  hitherto  appeared,  th«it  the  t»uma 
taken  by  the  Earl  upon  the  admii^siou  (»f  a 
Master  in  the  room  ol  one  deceased,  hav« 
been  constantly  less  ibau  what  the  AJusler?, 
who  have  resigned,  have  had  aa  a  consideration 
h»r  so  dointj.  And  it  is  very  easy  to  account 
fur  tlie  late  iticrense  of  the  sum»  given  upm 
these  occasions,  without  any  t^xtortion  m  the 
matter.  A*  personal  c:jtatet»  have  vastly  in- 
creased within  these  lewyeurfi,i«nd  t^ettleuiciots, 
and  prOf  fsions  for  (iimilie^,  have  been  made  aul 
of  the  public  Mocks  au<l  fundt*,  the  buMoess  of 
the  Court  of  Chancery  hath  ntc:rea»ed  prupor- 
liouably  ;  and  cou*iequeniiy,  people  would  be 
more  desirous  of,  and  give  more  money  lor  tha 
purchase  of  these  ofiices,  which  were  iU]}»roved 
by  such  incrciihe  of  business.  Ami  as  tba 
common  iuteresi  of  tnooey  w  gfrown  lower,  it  ia 
natural  to  iiuppose,  that  (people  would  be  tha 
more  ready  to  invest  their  fortunes  in  those 
things,  which  were  likely  to  produce  a  better 
iucoute,  even  in  proportion  to  the  rntk  that  was 
run  upon  tlirir  lives,  than  could  be  mude  of 
money  in  an  ordinary  way.  But  whether  tbat« 
which  I  have  mentioned,  or  whatever  else  moy 
be  the  cause  of  it,  it  is  %o  plain  and  ootortous 
thai  all  places  and  ottices  have  ot  late  yearn 
increased  in  Iheir  value,  that  it  would  be  mia- 
Kfiendiiig  your  tordahipa*  time  to  enter  into  the 
proof  ot  it. 

My  lords,  as  to  the  admission  of  Mr.  Elde 
into  liiM  ofnr:e,  and  the  occcp lance  of  a  sum  ttf 
money  upon  that  occadun,  wliich  maken  up 
the  Charge  eotitained  in  the  Tth  .'triule;  and 
as  to  ito  much  of  the  8th  Article  as  relatev  to 
Ibe  hke  transaction  with  Mr,  ^riiumton  ;  thrre 
is  not  the  least  colour  or  pretence  ln»<M  the  evi- 
dence which  baif  (H!en  given  to  suppnrr  those 
charge,  to  ground  a  supiKi^ition  of  liagghng^ 
ordnvutg  a  hiut{.iiii :  On  the  c<mtrary,  Ircrm 
that  very  evidanoe  it  appears,  thai  what  was 
by  itr.  £lde,  tod  Mr.  Thtirsioiij  wmm  per- 


I 


I 


1127] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdetfield, 


[1128 


\cA\y  free  and  ?oliintary  ;  and  attended  with  a     of  the  deficiency,  or  his  want  of  ctre  to  be  in- 


(food  (leal  of  solicitude  and  uneasiness  in  tlie 
latter,  lest  his  oflTers  should  not  be  accepteil ; 
il]c  circumstances  of  which  1  shall  not  trouble 
^i^^\^\'  lordships  with  repeating.  And  thoii(;h 
ii-.Mn  the  troubles  he  has  since  met  wiih  in  that 
office,  he  has  soniethiiik^  altered  his  opinion  of 
it,  your  lordships  will  be  {V'uided  by  what  he 
then  thou«;ht,  and  acted.  Your  lordships  will 
bo  pleased  to  observe  from  the  same  evidence, 
that  great  part  of  tlie  money  presented  by 
those  gentlemen  has  been  returned  to  them 
again ;  and  (hough  it  w  as  some  time  afterwards 
before  it  was  done,  it  is  piain  there  was  a 
much  earlier  intention  of  doing  so.  Mr.  Elde 
has  informed  your  lordships,  that  in  May  fol- 
lowing bis  admission  the  Earl  intimated  to  him, 
that  he  would  return  part  of  the  money;  and 
Mr.  Thurston  rcceivpcl  several  messages,  which 
plainly  appeared  to  b<'  in  order  to  a  return  of 
part  of  the  money  \«hi(:li  he  had  u.^'u; 
though,  on  occasion  of  his  being  out  of  town, 
it  was  some  time  alter  before  he  knew  the 
meaninff  thereof,  or  had  the  money  returned. 

My  lords,  there  is  one  particular  circum- 
stance in  the  8th  Article,  which  has  taken  up  a 
great  deal  of  your  time ;  that  I  mean,  of  the 
deticienoy  in  Mr.  Borret's  office.  Why  that 
matter  was  inserte<l  there,  and  why  it  has  been 
60  much  laboured,  and  your  lordships  troubled 
with  so  much  proof  about  it,  1  must  own  my- 
self at  a  loss  to  conceive  ;  unless  it  be  allowed 
aud  admitted,  that  the  taking  of  money,  U|>od 
'  the  admission  of  a  person  to  the  office  of  one  of 
the  Masters  of  the  Court  of  Chancery,  is  not 
purely  and  simply  malum  in  xc,  illegal,  and 
contrary  to  the  statute  of  Ulch.  2,  but  that,  if 
it  be  done  to  raise  money  to  make  good  the  de- 
ficimcy  in  the  office,  as  was  done  in  the  case 
of  Mr.  Edwards,  which  your  lordships  have 
upon  this  occasion  heard  of,  it  is  right  aud  well. 
How  otherwise  can  (he  deficiency  in  the  office 
be  an  aggravation  of  the  supposed  crime  of 
taking  a  present  upon  the  admittance  of  a  per- 
son into  it  ?  Is  it  unreasonable  to  admit  a  new 
Master  into  an  office  wherein  there  is  a  defici- 
ency ?  Is  it  not  as  necessary  to  fill  up  that 
Tncancy  as  any  other  ?  Certainly  more  so,  in 
order  to  have  one,  whose  duty  obliges  him  to  a 
more  particular  rate  of  the  nflairs  thereof, 
which  seem  more  to  want  it.  The  aggravation 
then  of  the  fault,  or  rather  tli«  fault  itself,  must 
consist  in  the  not  applying  i\\o  money  received 
towards  the  discharge  of  the  deficiency.  But 
how  can  it  be  a  fault  not  to  do  so,  unless  there 
bad  been  an  obligation  so  to  lia\c  applied  it? 
And  how  can  there  be  an  obligation  to  make 
such  application  (»f  the  money,  where  tliere  is 
so  strong  an  obligation,  as  has  been  iosistc^l  on, 
not  to  raise  any  money  at  all  by  such  means  P 
^1y  lords,  we  humbly  apprehend,  that  the  en- 
deavour to  aggravate  what  is  charged  as  a 
crime  in  this  Article,  has  weakeued,  at  least, 
what  is  laid  as  the  foundation  for  its  being  a 
crime ;  and  (his  with  little  or  no  success  in  the 
proof  attempted  to  be  made  of  this  matter  ;  so 
far,  I  mean,  as  rekitef  to  the  JBari't  knowleidga 


formed  of  the  state  of  that  office. 

I  won't  repeat  what  Mr.  G«Klfrey  has  said 
u)K>n  this  occasion;  your  lordships  perceive 
i  th:it  he  and  Mr.  John  Bennet  were  thought 
the  fittest  persons  to  inspect  the  affairs  of  BIr. 
Borrr-t,  after  hi»  decease ;  and  were  according- 
ly ap)K)ii)ted  to  do  so :  And  upon  having  exa- 
mined things,  as  well  as  they  then  could,  were 
both  of  opinion,  as  Mr.  Godfrey  safs,  that  there 
was  no  likelihood  thai  there  would  be  any  defi- 
ciency ;  and  with  this  the  Earl  was  acquainted. 
Mr.  fiennet,  indeed,  differs  something  from 
Mr.  Godfrey,  as  to  the  account  which  he  gave 
of  this  matter ;  but  not  so  much,  though  hit 
account  was  to  he  taken,  as  would  answer  the 
purpose  for  which  he  was  called  ;  the  aggra- 
vating the  Charge  in  this  Article  against  ihe 
noble  Earl,  who,  there  is  do  room  to  doobi, 
would  have  acted  as  eenerously  in  this  case,  at 
he  did  in  the  case  of  Mr.  Edwards,  u|K)n  fail 
coming  into  Dormer's  ofiice,  if  the  circum- 
stances, as  represented  to  him,  had  beeu  in  any 
near  degree  alike. 

My  lonls,  I  have  thus  stated  the  matter  of 
these  several  Articles,  to  the  beat  of  my  re- 
membrance, in  its  true  light,  as  it  stinds 
upon  the  evidence  already  given.  Weihill 
beg  leave  to  call  some  witnesses  to  prove,  thtt 
several  noble  and  great  persons  have  takei 
presents  upon  these  occasions;  men  of  ex- 
cellent characters;  some  of  whom  several  of 
the  gentlemen  of  the  Honse  of  Commons 
have  taken  such  notice  of.  that  I  may  ufelj 
venture  to  say,  they  will  concur  in  the*opinioo, 
that  they  were  persons  of  so  much  integrity, 
that  they  would  not  have  taken  such  presents, 
if  (hey  had  thought  it  illegal  so  to  have  done; 
and  of  so  great  abilities,  that  their  judgmed 
must  be  of  the  greatest  weight  in  this  |>oiDt. 
We  shall  farther  trouble  your  htrdships  to  ex- 
plain the  nature  of  the  payment  of  64/.  uhich 
Mr.  Thomas  Bennet  ttdd  your  lurilships  he 
made,  over  and  above  the  100  guineas  paid  by 
him  on  account  of  the  office  of  Clerk  of  (be 
Custodies.  He  might,  no  douM,  it  he  hs4 
pleased,  have  informed  your  lordships,  that  the 
most  part  of  this  (34/.  was  either  paid  to  the 
clerks  of  the  office,  or  belonging  to  other  offi- 
cers, and  that  not  above  33s.  came  to  the  greit 
seal :  and  we  apprehend  that  to  have  done  so« 
would  have  been  more  agreeable  to  the  since- 
rity with  which  a  witness  ought  to  S|ieak,  thaa 
to  have  left  it  in  that  general  manner,  where  it 
might  look  like  another  payment  lo  the  Kari. 
And  I  hope  your  lordshi|>s  will  excuse  my  «ib- 
serving  upon  this  occasion,  the  unhappy'  cir- 
cumstances of  the  noble  Earl  at  the  bar  :'  If  he 
takes  a  small  sum,  as  this  of  the  100  guineu 
for  instance,  it  is  poor,  pitiful,  and  a  pnwtiintioa 
of  his  honour ;  if  a  larger  sum  is  taken,  be  is 
avaricious,  greedy,  rapacious,  aud  I  doo't  knoar 
what:  Though  your  lordshi|M  will  observe 
the  sums  accepted  are  regulated  accordii«  la 
the  nature  of  the  office  on  aroount  of  which 
they  are  given.  My  lords,  hhi  very  can  m 
other  ioatancca  u  nuida  hia  faolt,  hv  MliHi 


^ir  High  Cnm€$  and  Misdemeanors* 


A,  D.  1725. 


[1130 


II  «u[tp4ised  to  lie  rlf»ne  with  csrrapt 
id  yvX  Uta  not  ftrtingf  ii  i^ijually  bbm- 
Trlc:s<«ii«»8Xf  nod  ne  grit*!**.  Thin  *5  \hv 
btcU  his  wiiule  bfbAi'iour  has  been 
■r  loriUhtfts,  4it««1  ittHt  ivith  nil  thf 
intt  vehetnifncif  jmutj^iaaMi?.  But 
lyotir  tariKKi|>s  who,  in  •  superior  ami 
If  !tt«liun«  UTe  to  weigh  iinil  jurts(^  of  \\w^^ 
^.  111**  from  you  tht*  n«»Mi'  EmH  U  to 
tt  juiijjfmfui ;  aoii  it  U  lim  hsJiipMiess^  that 
lo.  And  in  oriler  thereto,  whew  i«e  havt* 
this  eiiil^nce  litfor^  your  lurtUbips,  to^^'C 
N^ith  ail  onler,  which  she<«s  thf  |mynient 
t  tncinicv  ffr'ceivfKl  tVorti  Mr  ThomHt  Ben* 
MMr.  Kynaston,  ioto  the  Court  of  Chsn- 

I  iffG  shuM  Bubdiit  the  mfttier  of  thene 
ta  to  your  lordships.     Ami  notwithstaml- 

II  ih«  severe  things  %*'hich  hnvr  been  nM 
'ibis  occasion,  f*  e  humbly  hope  your  lonU 
I  will  lif  of  opioion,  that  the  noble  E«rt  at 

lordships*  bar  is  not  t^uiliy  of  aoy  of  ibe 
|;ei)  contHtocd  iii  ihe^;  Article*'. 
5j.  Pfubt/n.  My  lords,  we  now  proceed  to 
^tir  wjtno5»e8»  ttud  to  prove  the  several 
» we  bare  opened  ;  anil  we  ht^  U^ave  to 
leil  in  the  same  method  ai^  the  gentlemen, 
ire  the  MM(ja^er«  for  the  House  of  Com- 
I,  linve  done*  An  ihey  bei^AD  with  the 
Utick%  «o  we  in  our  evidence  sbull  like- 
hixm  there ;  and  tihew  that  pr(*«4Mits  hove 
liitiily  been  tuade  to  the  i^reat  aeal  U|K)u 
li'  ^  into  the  office  of  the  Clerk  of 

[  :    and  that  in  many  other  officea 

H  nl^-  liiL-otion  of  the  gieat  seiK  pre^nts 
bet-n  UHually  madf  by  ibere»(H?ct>*e  offi- 
on  thnr  a  ttwtfsinxin ;  and  rbi»  iMtth  Iwen 
ino^n  untnterriipit^l  muiM'e;  ami  e^^try 
tellor  bath  taken  thetit  as  customary 
ntf.  We  de«ire,  in  the  first  place,  that 
\UtgnT  Lewis  may  be  culled. 

Mr.  Jl&gcr  Leteii  twora, 

t}.  Prrth^n-  We  dealt e  he  mAy  l»e  asked, 
fooif  he  hftlh  been  concerned  aa  a  deputy 
i  oiHce  of  the  Clerk  of  the  Custodies  f 
wii*  I  have  uKsisied  aa  Clerk  of  ibe  Vnn- 
louatics  and  idiotg  for  the  apace  of 
ear«» 

'ttbytt,     I  desire   be  may  be  asked, 
the* first  that  came  into  the  office  of 
the  C"usto<he!i  in  his  reoicmbrance  ? 
I*.  Mr,  Henry  Wynne  wai*  the  br»t  ibit 
I  wa««  ckrk  Hi»*re, 
^  .  Wlio  *<occe»-ilt'd  Mr.  Wynne? 

V  Uoj^er  Thoa>p«on. 

1^:  I    dt^ire   tie   may  be  aski^d, 

*  liofrnHon  In?  now  livmjf  or  dead  ? 
fUHM.  iVIr,  Th<unj»aon»  a»  I  hi*v«f  been  in* 
lid.  baib  been  drad  abutit  these  9  «r  10 
>p«a1. 

jj  Proh/n,  1  deaire  he  may  be  R«ked, 
Ijer  anv  preaeot  or  compliment  %^as  m:vU' 
If  l^ai  M*al   on  Mr.  Ilium p^onN  admisi- 

r*  plummer,  %ty  lords,  I  object  to  the  an* 
c^i    :  =;    a od  desire  to  know, 

4    vriU    ha?<  evidence 


a^ain^t  t^entlemen  that  are  dead,  who  ar«  no 
way  capable  of  An*w<tnnff  for  them  selves  be* 
fore  your  lordships  here  ?  If  my  lord  can  shew 
any  title  or  ri|;ht  he  bad  to  sell  this  place,  we 
are  ready  to  hear  him  ;  but  to  tjive  evidence 
ag^runsl  a  person  that  is  dead, and  cftnn<>l  speak 
tor  himself ;  I  aubntit  that  to  your  lordahipa, 

Mr.  Lutat/cht*  My  lords*  this  maiit^r  ie 
very  proper  to  be  objt^ted  to  now,  ami  it  [g 
very  necttssary  (or  your  lordshipa*  <leterminaMOfi 
in  the  bet^innmt^  of  thit  aH'air,  1  «ee  by  this 
(jueslioOf  and  tlieir  opeoiu^f  what  lar^e  com- 
puMS  the  dfentlf^men  huf^e  taken ,  not  only  as  to 
these  offices,  but  as  to  many  other  oflicea  for 
which  pre%t'Tits  were  ^iven.  I  lake  the  proi>er 
question  before  your  lordisliipji  to  l»e.  Whether 
this  be  law  lui  by  »i»e  laws  and  statutes  of  the 
realm  ?  And  if  that  be  ihti  question,  I  submit  it, 
whether  it  is  mntcrial  to  n\%f^  an  account  what 
other  persons  have  done?  Whelher,  when  a 
person  in  brought  upon  a  prosecution  for  an 
oH'eoce  a^ainut  the  law,  it  be  malerial  for  him 
t*t  say.  that  other  |»er«ons  have  bttn  jjuilty  of 
the  name  criineK  ?  Tbn  is  s  question  ai  law 
upon  ibe  construction  of  I  he  alatute  ;  ami  they 
say  it  is  necessary  fur  ihem  to  jfive  these  in- 
stancei,  to  shew  the  judifo^ent  of  those  f^reat 
persons  upon  the  act  of  parhament ;  but  sure 
I  urn,  tt  waa  never  yet  attempted  to  irive  in 
p*iilencetbe  ;tcliori8  of  other  persons  in  ord^r  to 
expound  a  Rtainie.  Tlie  e^rposition  of  a  statute 
mu>>t  be  ftiurided  on  the  wonU  of  the  law,  ;iod 
ni»t  on  the  actions  of  other  persons.  In  all  the 
experience  I  have  had  in  cases  of  prosecottons 
for  crimes  toundeil  on  tbp  common  law,  or  on 
acts  of  parhament,  tf'eotlemeo  argue  from 
what  thebiw  is,  what  anihoritie«  linve  been  in 
those  cases,  and  what  the  coujmI ruction  hath 
been  in  former  judtrments.  My  lords,  this  is  n 
matter  of  g^reat  consnleration  to  your  iordnbips, 
not  only  upon  the  account  ofihe  jtreceden*,  but 
aluo  upon  the  account  of  the  lime  that  your 
lordships  are  like  to  iipotid,  if  yori  are  to  go 
ihroii|;h  all  the  Meet  of  the  law,  to  shew  bow 
many  greot  men  have  accepted  present.s.  It 
will  take  up  a  ^eat  denl  of  tiute,  without  any 
fruit  at  all  ISut,  my  lordn,  there  are  other  con- 
siderations which  will  prove  It  unreasonable  t6 
admit  of  this  evidence  :  At  pteseni  your  lord- 
nbips  have  under  your  cooaidcratioo  ttie  itise 
of  this  ncdd<f  lord  with"  -  '  »r;    but  nould 

they  in  defente  ol   l  li   otlicr«,  not 

here  to  defend  tbems*  iv,  .  ...mv  of  tbnu  arc 
dead,  others  arr  living  :  Wilt  you  try  pefiitnf 
not  uccuited  mill  niilioitt  (ktui^  prevent  t'»  an* 
swer  for  tin  Hut,  mv  lonls,  with  re- 

Kjwct  to  our-  1  mi*ou.iblt*  lor  us  to  take 

upon  iiH  ih«*  I'XHouuntion  of  ^'Veral  facts^  with- 
out   koowiii|2'  who  the  pervious  chsr^d  are, 
what  the  circumstsnrea  of  the  rase  were?  Are  . 
we  to  shew  th#  diffi-retice   or  atttc  thr  ctrcum« 


!«»a?ire<«[*  t< 
h^rdn,  il>i?i  I 
mntier  t«»r  n 
b<^iiium|f.  1 
ten^iveot-'iKM  ui 


•  r  us  to  do  it.      My 

fif  th»*  eav,  it  is  « 

the 

cx- 

♦  viiuncc  riic^    nave  innted 


ttt,  and  intend  to  prodtice.    That  which  we  tn< 


1131] 


10  GEORGE  L 


TruJ  cfihe  Earl  cf  Macclrr^e!^, 


[1132 

lonis.  ic  is  •h;«eie4  bj  uc  ^eaiicsK  tha  an 
Mioazen  for  the  Hoai«  ^k'Toxibf-ca.  tku  ibcr 


0it  upoo  U  two  t'oloip.  tbai  it  if  au  materia], 

■ad  iku:  loere  is  do  rouiiicr  ot  nocice  lor  Uw 

pcrwBS  so  ch^Tf  ed  to  iDil«  ADT  defeooe,  or  I*  i  artt  not  pne^f^jcd  lo  eaur  icid  ii««i  pro^f. 

shew  b^w  the  circncBUGCc*  ot*  the  case  were.  !  taer  had  do  notice  i:t^  »Tich  cvjdeoce  wosjd  be 

So,  my  lords,  «e  mu>:  be;;  ieave  19  OAVe  yi^iv  I 

IsrJsbipAJodg'meQtLi  tiAiftoaauer.  '         | 

5©/.  G«m.  Mj  bnh.  if  ibe  noble  lord  pm-  ; 
dac*rth  any  ooe'to  make  r^nx  bis  iinxe&c^,  -.id  . 
do  D<A  op^o^e  ;i.  B<it  it'ihe  n-'bie  Lrd  eoiiea- 
Toars  lo  «-iew  wbit  ibe  !aw  i«,  from  the  j»ric-  ' 
tice  of  other  pcf>ph>,  ii  m  ahozcther  improper.  " 
It  19  \myf^aih\t  ttiai  the  law  can  be  jodje^i  r.f 
by  the  pract:«r€  cf  other  people  ia  corcmitxinz  ' 


^rtrn  :  Id  aasv^er  to  --*.a;:j  w-*  kk^m.'Aw  \ 
it,  Luiat  the  Answer  :oc  EAWze  lord  maLi  sifH. 
titAt  several  ^ireslci.iiS'  «:Eoeri  io  the  eoons  « 
Uw  «!;d  equity  have  uways  rcociTCC  sacu  pn- 
sesi*.  »s  sufticirei*(  notjee  to  thcfo  t*  be  .rftrqarari 
to  ar^uier  »a<:o  er-.fieuoe  »s  aL^ic  be  jdcred  b 
supr^or;  th^  *ilegacoc.  3iy  Wros,  as  u  lb 
otusr  U'j'^oD,  that  the  opioicas  oi'  grcai  ■■ 
are  dl4  efticnce  ia  iteir  owd  cims,  we  i^aii 
it  tb^  in  thlaf  case  it  :s  a  muenai  arcuiDsaaBL 


the  same  facu.     TTiai  caa"l  hare  the  weight  r-f  ,  -.  ,      i.  .^         ^  i     .      *■  .      —       i 

the  ofH'jiofi  of  a  ffreat  man.    Tdc  opiaioo  of  a  •  *^     *"^  p.i™*«-     «i  .-  v"  ^^  '   . 

.        '%  ^  •  ■       '^  •        :  DAiiKS  toeT  are  nawiiizaf  ic  heark  woo  hi 

learced  person,  n  Jt  corctmei  m  tne  qawtiOD,  I  TTT  "  .    ■    TT       '^^  ^   "      ^ ,.      Tl 

-  •  ■        -       ■   ■    .  kr,.  ••-^  ..V..:..,  ^r  J  I  taken  presMji*  in  like  cases,  ao-i  MMlhooeil* 

.     '  c.-ifDoal.  may  cot  ooatrotii  your  k>jcil«&^»' jorif^ 


\  an  opioi'fi  of  wei^i :  bat  the  o:thJ>^D  of  a  .  ■«*«^  P^******  ' 


per^'w  cvocemed  in  tfce  q'Je«rloo,  :«  do!  to 
lo- kc^J  a ;jon  as  of  £.ny  ajthcirliy.  IftheLob!e 
lord  Ep.ikes  use  of  ibis  kind  of  erid^DC?.  by 
way  '•:  m'd^^on,  or  of  lesseninz  hi*  oJ«ce, 
hi  tMt  Ticw  it  can  be  of  no  sl^ificaacy  :  be- 
cause the  a^'eraratioa  or  miii^Lon  <:  t  the  noble 
lord*s  offeoce  ronu  arise  fr^m  ibe  \  irtioular 
rircvimsTances.  maoriCr.  and  facts  of  bi*  offence. 
We  must  suboiit  it  tbercf"e  to  your  Icnlships' 
eoDsivieratioa,  whether  ibis  is  a  proper  eaquj'y 
or  no. 

Serj   Fribyn.   My  lords,  we  bez  ieave  to  ia- 

sisi  up-'ia  .1.  laai  tb;s  is  a  [nope:  '|uf>iloa,  aod 
Terv  iriaieri«:  fjr  the  L>be  Larl'^  liriccce.  lie 
hata  msStrd  in  bis  Aciwer,  "  Thai  what  is  ob- 
jecied  to  tiim  ia  this  iosunce.  haih  been  ioLg 
lued  aaJ  pracil&cd  in  uSe  ilmeot  cis  prcdeces- 
uas  ;  aiid  thai  such  presetii»  bare  beea  reck- 
oocd  am^oj:  ihe  ancico;  a^i  kao-.tu  p;:«jji-;:es 
of  the  cre^i  &<:^i ;  and  the  uaL.ri^  aiji  LCcepi- 
in^  ihcrei*:  ..aih  bcca  DOi'>r.ous  tu  oA  liie  n-j.-id, 
and  Leicr  i^'i^rt  lM>ked  upou  to  be  criipir*^].  or 
CAmp!ji;jrd  uf  as  such;  and  iLai  he  humbiy 
hO|Kr».  ihil  ihc  ^ir'D^  or  receiiiDkr^^f  &  pre^t 
on  such  aa  occasiua,  is  Dtither  cnailnal  in  it- 
selr.  v.'3Z  b\  ihe  coM.muo  law  ot  liiksre^Im  ;  and 
ti)«.i  iiicTc'.a  liO'.aiiV  a^t  •4'p:iriisiQif:i.iby  uhicb 
the  «irrie  ;s  suujccted  to  any  puiiUhmeoi  or 
jad«:a.ca:.  whicn  can  be  pra\e«l  in  thi«  priMe- 
cuuoo  ;  ai.d  the  said  £a:l  Vunher  h^ith  saiiJ, 
tha  he  ih.:^ks  ii.m^  t'  oulijed  btimbiv  to  lay 
this  before  \Gur  ;unJsbif«.  not  on.v  m  his  ovin 
(lefto:^e«  b-^t  ia  tiij  .^c^h^h  ft  ihr  nonour  of  so 
many  ^:eai  aod  exceilcc:  mrn.  who  \.i\e  Uien 
his  predecessors  in  the  sarije  umce.  and  h^ve  ail 
aloa«;  dcoe  the  same,  for  which  he  is  d«>w  com- 

Ehiaedof;  and  al»o  of  others,  who  h^re  beea 
>.-ii  chief  jufiices  of  the  kici^Vbfccli,  and 
Common   Pieas,  blasters   of  tfie  Roiis,   and 
judges,  who  have  likewise  receneJ  presents  in 
mooeyf  upon  the  adjiii^sioD  of  the  several  of- 
fioers  under  ihem  m  the  ic>p«cti«'e  courts  of  ' 
justice  wherein  they  presided  ;    aod  viiio.  the  i 
said  Earl  i»  aasured.' never  appreben'jed  them-  i 
sdvn  to  be  guilty  of  any  crime  against  any  the  , 
good  aod  « bulesome  laws  or  sututes  ol'  this  | 
Kaha.*'    And  therefore  we  take  it  to  be  our  |  produce  of  hving  wis 
dutj  logite  proper  evidence  to  support  this  j  apprehend  ve  arc  prupo*,  as  it  is  put  sfihtflrt- 
9»n  of  Ihe  mUb  £ui't  Answer,    iku,  bi j    ler  w  issue  facforajew  knhhif     Y«v  M" 


meut  ia  this  pan^u  ar ;  yet  1  humbdy  i^pe> 
bend  that  such  i.^sunses  cacocc  bui  havefnri 
Wright  la  the  evect  ot  this  case.  Tciey  a!«  M- 
teriii  circuffifta&ccs,  strvrog  uhJuceiiKfi'i  Hi^ 
dine  your  lords b  p»  to  belteve,  that  th^i  snh 
lord  Lad  d*j  avarkiji«.  dv  corrapt  de^^gi,  A 
accepting  the  commJB.cusUMbuy  preMotsikH 
were  v  oluntanly  tendered  to  hi:n.'  And  sasf il 
is  made  so  naatehai  a  part  of  his  deieoee,  tM 
thai  he  miVni  wrll  ib:&k  Limseif  ioaoMnlisrf 
Secure  in  loiSowing  the  examftMES  of  so  nasr 
hcuourable  aod  learned  persoos.  of  «bich  *c 
are  prepared  to  gii e  your  ljrds;^ipf  masy  B' 
stances  la  etidence :  aod  sine?  ibrv  have  asliK 
of  it.  and  that  the  uo'M  lord  hith  Insisud  sfsi 
itin  hks  Ansver,  we  humbly  beg  tocr  lordifcip 
will  admit  us  to  give  the'sevo^  laauaemm 
evitieoce. 

Cc"i.  5(fW.  My  lords,  I  beg  vour  Icrdskfi' 
pailecce.  My  h>rd>.  we  hurij'bly  apprriad 
tiiis  is  very  proper  aod  re^ruiir  evideacc.  I 
thick  there* can  be  no  evidence  more  proper.  If 
the  nobie  lord  sbou!d  have  the  mistfartODc  is  be 
thought  cu.pable.  v.:l  he  no:  appear  onuertf- 
oibcr  v.ew  to  your  kfrdsbips.  woeabe  batbtf 
the  coccurre.ioe  of  several  great  persdoa  d 
whose  iaiegrity.  honour,  and  knowledge,  si 
question  hath  ever  been  made  ?  If  he  hiaidl 
baih  icipjduced  ibis  practice,  and  sec  it  sp  kv 
himself,  i:  w;ll  iben  most  certainly  be  an  a^^n* 
vauoD ;  U  he  bath  d«^e  no  more  than  otbai 
hat  c  done,  it  wiil  be  an  extenuation.  My  M^ 
taking  it  in  that  h^bt.  there  is  no  reason  vkr 
this  evidence  should  nut  be  grreo.  But  1  bifC 
your  k>njsuips  »iU  tarther  consider  of  the  pe- 
sent  case  :  nere  is  a  law  insisted  npon,  of  se- 
veral hundred  years  standing,  that  makes  tk« 
crimina! :  it  is  owned  tliat  there  bath  bees  if 
deurminatioo.  or  judgment  at  law  that  tktf  ii 
criminal :  practice,  especially  in  respect  d 
o-!d  siaiuurs.  bath  urieciimes  been  alkiwed  mi 
admit:eJ  to  eapiain  the  se&se  aod  meaning  d 
those  sututes.  There  are  no  records  pmuNl 
ixf  this,  and  tberdore  we  are  nnder  a  "^ 

to  confiae  ourselves  to  socfa  evi 


Jhr  High  Crimes  and  Misdemeanors* 


A*D.  1725- 


[1134 


r«ft  •■  w»\\  iii  try  the  Earl't  AnnwcTp  an 
'Articles.  AnoUierctrcotiiataoce 
are  (fleasint  l^  nKiilion  at^ainsl  reci*i?iti^ 
I  eriiJencc,  ia,  the  takiu^  up  of  yoyr  loril- 
bi|»*  timp.  Vour  brdsUips  have  biul  tliegtK»d- 
piwi  ami  juslice  to  Ucar,  Mitli  gre&t  prttienee,  a 
(rtry  looif  eridencei  *»uh  repeal*"  'oiia 

iAO  opeDtngtofthe  Aittcl^tin  ft  vea 

polile  pecr^  one  of  your  own  body,  tu  be  guilty  : 
pMi  It  b4?  supnoved  that  your  lordships  will  not 
live  that  piitietioe,  which  is  due  to  nil  people  in 
ilfoor  of  innocftoce,  and  wbtfoone  of  your  own 
lody  4i»nd«  impeached  ?  For  tb«se  reaiK>nj«  we 
bambly  hope  lliat  thii  evidence  shall  he  ad  - 
IWited  ;  and  that  the  nohlc  Earl  shall  have  the 
banefit  of  thii  explaoutioii,  whaitbf^  ncme  of  •(» 
ny  great  and  exotlleot  tneti  halh  been  of  Ihia 
DdiioQlitftd  at^iuU!*. 

ohins.    My  loir'  prchend  your 

will  Dot  lie  •  ilKtt  IhiH  will 

ffcnd  the  present  mmLii-.  Jinifut,  hy  the 

diing  of  othrrs*     We  [ay  it  dow«  as  tlie 

Atioaof  our  acting,  that  cjur  |)redft!€^)$or« 

^  II16  latne,  notwithstanding'  this  sta- 

^V.A)kArt\  f»,  and  thertffore  U  j>*  a  reaHOoa- 

i   this  waij  not  tiiken   (o   he 

M'  >Kte,     We  apprehend  it  can* 

;  Tf  fleet  1  that  t\rt^  cithtT  dead  or 

as;  *,    ntil  V  ti  are  ru  defence  of  this 

ftblu  lord,  w*i  aw  lU  liberty  to  exjioiioe  wit* 

n^  to  pitHTe  thai  other  pertons,  Uis  prede- 

y,  have  doue  the  aarue. 

Strange^    My  lonlSt  I  apprelieud  we 

aauie  ricfht  to  justify  ourscUx'«  hy 

dents,  m  thev  trnvi*  to  aci^ujie  u»  hy  pre* 

Whttt  tW  tiobfo  EarPs  priHleceaisors 

er  m^tnnrr?:  hnvr  dnitf%  h:tT*i  hren  ruen- 

|l>  '-eori>r. 

.  .md  over 

tiiitn  ut  iht;  IImu  K  wt  Commons; 

llTe  o^g^ravatrd  thi»  *(H>nr<*  of  the 

""      ilOt    (blUiWJr    '  '^^til  ; 

iiirtg^httotf  .rVs 

f  BOt  ffi|U*witi{j  Iht-  jii*  ♦  ♦jiifriiy  ot  hif( 

,  no  we  think  we  hnve  the  same 


1;  . 
alii 


la\\ 


tlat  IS  soj  or  tH>t,  IS  the 

i'i  bL>  uTiuri.il  lor  the 
ourcini- 
,,1  ojpj^l 

lit, 
•  i  om 
e  act  ut  jiui  UutntJiU,  ii<  ihu  hcstex^ 
'  at  law.  CotetEiporary  tisanpei  or 
of  those^  who  were  at  the  time  of 
*  of  a  IttWf  huth  blwa\b  been  ea- 
tivM  ill  m  of  that  law  ;  and 

,  a«  wr  us  Age  to  be  coti- 

ta  what  \yr  ao\r  insist  upon^  1  huiii- 
tl  w  til  have  a  grtat  int)ttet»ce  upun 
^  itMf  ta  I'd  the  e3r|K>fiitioti  to  be  dow 
lliia  id  of  pafltamcDt :  it  hath  h^^en 
vmaf  of  nrooeediag  trmla  to  accuse 
ot  iioaoiiri  £0.  »vioe  that  ire 


dead,  and  aotne  that  aire  bow  liriit^  i  w«  shall 
not  eoter  itito  tso  otce  a  debate ;  it  ia  tuJBcmnt 
for  ui  that  it  is  proper  aod  iiecesaary  etidenoo 
for  the  deience  of  our  drent.  It  ie  a  material 
evidence  in  ihb  case,  whether  other  peraotia 
have  disposed  of  these  offices,  and  hate  io« 
tmrred  any  penalty  :  if  they  have  done  it,  I 
humbly  apprebi'nd  that  uo  uhjeiiioti  remains 
ȣfaio8t  our  enttiriiig  into  tiie  evideoct;  at  thai 
I  kind.  Whatever  is  your  lordships*  jufl|fnient 
in  point  of  law,  it  is  noatericil  for  your  luid* 
ships'  consideration,  whether  thii^  nobtc  lord 
bath  st-'t  this  on  foot  of  his  own  ucocrd,  or  hatU 
not  trod  in  the  paths  of  bis  noble  predecessors? 
Your  lordiihips  will  take  it  into  your  conaider»t^ 
tioo,  und  wlmtevf^r  the  point  ot  law  may  hap 

Eeo  to  he^  it  must  be  suid,  that  if  this  tiou 
>rd  did  err.  he  erred  with  his  predecessors. 

E,  of  MaccUiJitld,  My  lords,  1  would  not 
trouble  your  lordships,  if  I  did  not  think  it  ne- 
cessary to  insist  upon  your  lordships  admitting 
this  evidence:  indeed,  if  I  thought  it  would 
impeach  the  character  or  reputaUon  of  any  of 
the  noble  lords*  who  have  been  my  predeces- 
sors, wheiher  they  be  iiow  dead  or  alive,  1 
wt^uld  uuderi^o  any  puDishment  rather  than  do 
it.  But  I  hope  it  was  innocent ,  both  in  them 
and  me  ;  and  that  its  being  done  by  persons  of 
such  unblemishe^l  honour,  will  be  one  strong 
argument  of  its  beingf  so  ^  and,  ray  buds,  I 
protest  their  example  was  the  singfle  res»ioii 
with  me  for  doinir  i>f  it ;  and  if  it  bud  not  been 
done  l^efore,  I  would  not  have  done  it:  thta 
was  the  tnie  ground  of  what  I  hare  done. 
Pi>f  what  these  sfentlemen  say,  my  lords,  thai 
this  is  not  material ^  and  that  the  law  muvt  be 
proved  by  law  books  and  jod^^ments,  I  tliou]ght 
the  common  law  w«r  conmiou  usA^ji*,  iind  that 
which  bath  convtanvly  and  opt*nly  beeti  done 
witliout  bein^;'  censured  or  blamed,  cannot  b« 
contrary  to  common  law.  If  this  lie  not  al* 
luwed^  I  nm  hij^hly  oblige^l  to  these  genile- 
www,  thnl  they  have  not  accused  me  (or  t5*kiDgf 
mou<"y  in  m-my  other  instunecu,  relattni;  to  my 
OlBct;';  to  inxtjAucc  in  one  only,  upon  the  pjiss- 

*    .    ..    '  ^tpijtthiTe  i«i  nKmall  fee  due,  and 

'  u»  the  i^reat  sea^l  ;  if  ibey  had 
.....,-,,  ..-  .r  lhi»,  atid  cslled  it  criminal,  I 
kitow  not  what  to  have  naid  to  it,  imless  <i!^ai^o 
and  custom  had  justitied  it ;  I  claim  it  aa 
a  rjfifht,  and  unless  usage  wilt  prove  th# 
ri^lity  I  know  uo  other  %vny.  I  o^^^n  this  ia 
honielhini^  ilirtVrent :  in  that  case,  1  insist  oa 
a  parrlcubr  sora  hy  mm^^e:  1  do  not  insi^itiii 
this  Cfi%v^  that  then*  is  a  particular  sum  due  aa 
a  fee,  but  that  1  had  a  ritj^ht,  or  liberty^  to  ac- 
cept of  ftucli  a  sum  ax  the  party  should  (^ive  : 
but,  say  the  gentlemen,  this  evidence  is  \n 
make  other  persona  criminul ;  th.tt  is  very 
true,  if  this  he  a  crime.  Thew^  genilemeii 
take  it  for  (granted  i  but  wh<  tber  it  t>e  a  en  me 
or  no,  wdl  be  for  your  hinUlnpH'  linid  determi- 
nation :  and  i  ho|>e  your  UoasihipM  will  iHUt  b« 
of  optuion  that  it  kh  a  crime.  It  it  nhcmltl  com* 
out  10  be  in  your  lords htf»s'  jud<^ment  a  criq|% 
it  IV  ill  b«  a  great  ccaaure  upoa  my  predtocs** 


I 


I 


1 135  J 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macclesfield^ 


[1136 


flors,  who  all,  as  it  ig  well  known  by  every 
body,  did  the  same  thiagf.  But  if*  this  be  un- 
derstood to  be  a  matter,  that  is  admitted  to  have 
been  practised,  and  to  need  no  formal  proof,  I 
bad  rather  let  this  examination  alone :  it  is  un- 
easy to  me,  to  enter  upon  any  thing*  that  can 
dravir  a  refltrction  upon  any  person :  therefore 
I  submit  it  to  your  lordships. 

Serj.  Pengelly,  My  lords,  the  Managers  are 
accountable  to  the  Commons  for  any  thing 
they  admit  without  their  direction  ;  therefore, 
unless  they  are  satisfied  and  convinced  that 
tiiey  ou((ht  to  admit  it,  it  is  not  to  be  expected 
tortile  Managers  to  do  it.  It  is  said,  that  the 
things  offered  are  in  extenuation :  that  it  would 
be  a  greater  guilt,  if  there  were  not  former  ex- 
amples to  justify  it :  I  apprehend,  for  that  rea- 
son, it  is  an  improper  time  to  insist  upon  this 
uow :  because  matters  of  aggravation  or  ex- 
tenuation must  come  subsequent  to  your  lord- 
ships' determination  on  the  Articles,  and  will  be 
Ibr  the  consideration  of  your  lordships,  when 
you  come  to  consider  of,  the  judgment  (hat  is  to 
be  given.  1  have  known,  by  freauent  experi- 
ence, in  prosecutions  of  a  criminal  nature,  that 
where  the  defendant  hath  been  convicted,  he 
hath  been  allowed  to  lay  circumstances  before 
the  Court  in  mitigation  of  the  punishment : 
and  if,  hereafter,  this  comes  to  be  considered 
of  in  this  manner,  the  Managers  will  have  an 
opportunity  to  give  a  proper  answer  thereto. 
It  in  this  ans\%er  he  had  insisted  on  it  as  an 
established  fee  supported  by  custom,  and  had 
claimed  it  as  of  right,  it  had  been  proper  to 
have  examined  witnesses  in  support  of  that; 
but  when  he  insists  upon  it  as  a  matter  of  discre- 
tion, and  of  explanatiuuofan  act  of  parliament, 
we  cannot  admit  it.  It  is  not  proper  to  give  in 
evidence,  that  which  doth  not  make  good  the 
defence  in  answer  to  tlie  Articles.  We  cannot 
admit  a  thing  of  this  nature,  ivhich  may  be  at- 
tended with  great  inconveniencies.  We  do 
not  know  what  may  be  gralled  on  such  an  ad- 
mission ;  therefore  we  beg  leave  to  submit  it 
to  your  lur(l:>hips'  determination. 

Mr.  Lutwyche.  My  lords,  It  is  said  very 
roundly,  that  tliis  is  an  old,  doubtful  statute, 
and  therefore  you  ought  not  to  take  notice  of 
it.  As  to  the  doubtfulness  of  it,  I  believe  it  is 
too  plain ;  as  to  the  obsoleteness  of  it,  it  is  a 
htatiite  that  is  read  every  year  in  the  Court  of 
Exchequer.  And  therefore,  whatever  doubts 
may  l)eof  this  matter  at  the  common  law,  yet 
this  statute  makes  it  plain.  And  1  desire  the 
counsel  for  the  noble  lord  to  tell  us,  where  any 
statute  is  mure  plain  and  positive  ;  and  wherein 
they  have  shewn  the  least  doubtfulness  in  the 
world,  but  rather  object  that  it  hath  gone  too 
iar.  Dothany  juds^e  in  point  of  evidence,  on 
an  indictment  for  breach  of  a  statute-law, 
permit  itertions  to  Q:ive  evidence  that  others 
have  been  guilty  of  the  same  facts,  and  that 
therefore  it  is  no  breach  of  the  law  >  Suppose 
this  is  to  be  considered  as  doubtful,  on  con- 
struction of  the  sUtute,  what  then  is  the  com- 
noa  ordinary  method  P  It  is  well  known,  that 


the  jury  find  the  fact  specially,  and  it  is  re- 
ferred to  the  Court  for  their  opinion  on  the  law. 
My  lords,  give  me  leave  to  mention  how  this 
matter  is ;  here  is  an  act  of  parliament,  a  ge- 
neral act,  the  judges  are  to  take  notice  of  it,  it 
is  plain  and  positive ;  the  counsel  make  a  doubt 
on  the  construction  of  this  statute ;  it  is  in- 
sisted upon,  that  other  people  have  done  it, 
and  have  not  been  punished  ;  and  would  such 
a  thing  be  ever  permitted  to  be  tbund  by  a  jury, 
or  would  any  regard  be  had  to  it  if  found  ?    I 
apprehend  the  noble  lord,  who  hath  been  a 
great  master  of  evidence  in  his  time,  wonU  not 
have  permitted  it  to  be  done:  they  have  shewa 
no  precedent  for  it :  in  its  own  nature  it  is  uu- 
reasonable.     Are  we  to  examine  into  the  (mt- 
ticular  manner  and  circumstances  of  every 
particular  case  of  the  several  perBOiis  that  tit 
now  either  dead  or  living?  it  is  unreasonable, 
it  is  unprecedented,  to  offer  such  evideoce; 
and  I  hope  your  lordshi[»s  will  not  admit  of  it. 

Mr.  Plumtner.  My  lords,  the  counsel  fur  the 
noble  loni  take  that  for  granted  which  «e 
deny.  The  admitting  these  witnesses  to  be 
examined,  is  admitting  that  it  is  not  a  crime. 
Reputation  is  of  great  value,  and  great  can 
ousfht  to  be  taken  *xt'  it ;  and  we  are  willing  is 
take  care  of  the  repulaliun  of  the  nobie  loril'i 

Iiredecessore.  I  am  not  a  lawyer,  but  I  never 
leard  that  that  was  not  a  crime,  which  id 
act  of  parliament  says  is  so.  And  tliattbif 
is  a  crime,  I  beg  leave  to  remind  your  hird- 
ships,  tiiut  he  himself  declared  so  to  the  Maai- 
ters  in  Chancery,  that  they  had  bou<;ht  thrir 
places  against  law.  i  take  that  to  he  o  fair 
confession  that  his  opinion  was,  that  it  wui 
crime. 

Lord  Lcchmcrc.  Before  the  counsel  with- 
dra»v,  I  would  have  this  question  explaiue«l  tu 
mc  by  the  counsel  of  the  noble  lonl,  wbetbef 
this  practice  be  insisted  on  as  a  proof  of  a  ri;;lit 
in  the  great  seal  to  take  this  as  a  perqui^site,  or 
whether  it  be  oifered  as  an  extenuation  ? 

Sorj.  Prubyn.  My  lords,  we  insist  upon  itia 
both  rei»pects. 

[Then  the  Manasfers  and  Counsel  were  or- 
dcied  to  withdraw ;  and  after  some  time,  btto;; 
called  in  again,] 

Lord  Chief  Justice  King,  Mr.  Serjeant  Prs* 
byn,  It  is  their  lonlships'  judgment  that  ^oa 
arc  at  liberty  to  pnK'Ccd  in  your  evidence,'  u 
you  wtre^jfoingon. 

JSerj.  Prol'j/ti.  i\ly  lords,  we  desire  3Ir.  Kogv 
Lewis  may  be  called  again. 

I\Ir.  Lewis  called. 

Serj.  Prvhyii.  My  lonls,  I  desire  this  wit- 
ness may  bo  aske.l,  \w\v  long  he  hath  beeps 
dcjiuty  III  t'.ie  ohi<>e  of  the  Clt* rk  of  tiie  Cus- 
todies :' —  i.tr,  -k.  Aboui  35  years. 

Serj.  Pn.hfu,  Who  was\heu  in  the  office.' 

hcMis.  i\lr.  Henry  Wynne. 

Serj.  Prubyn.  IJuw  long  did  he  contiooeii 
that  oihce ;' — Lcuis,  About  twelve  mootbs. 

Serj.  Probyn,  1  Jo  you  know  who 
him  ^^Leuiiu  Mr.  Koger  '" 


Jv/r  High  Crimei  and  MUdemtannr$. 

I  Eurreudered 


A.  D.  1725. 


[M! 


Prohyn.  My  lord*i.  f  ilcsire  he  may  he 


Mr.   Wytiac,   or  Mr. 


Tliompton  on  tils  ft'i 
Lrmis.  t  do  not  ki:; 
BIr.  Thompson, 
l^n,  Pi^«yj|,    By 

Vii.  Nrt ;  but  HI r.  Wynoe  laM  roe— 
^^rj.  i*/  '     Mr,  UynneUfbgordcad? 

8«).  PcTigiily.  My  Imih,  ue  beg^  le:ife  lo 
'(jeci  to  lhi8 :  wbat  a   partictitar  jMrfsou  luhl 
I  ia  Qot  evidence ;  if  c  hop€  this  ih4ll  not  be 
ftnitted, 

Mr.  Lutwyche.  They  know  ttiii  vrat  at? <rr 
Rowed. 

1^1  j.  Pn*htn.  If  the  miin  be  nving",  the  oh- 
ctioti  i«  iro<Hl,  but  now  he  is  dend,  i^e  bo|>G  it 
he  ttUowed. 

Strj.   Tbe  gentlemen  object,  that  wc 
Ht  liberty  to  ask  what  \\k\\\  been  de- 
dared  coikcernifif^  that  matter  by  u  person  th^t 
_Vk  now  Jead ;  we  humbly  apprehend  it  ii  wilhifi 
Ltle  of  eridence,  »nd  I  itiuit  appeal  to  the 
oory  of  your  IordAhi|i«,  wheti«rr  it  hi  oot 
art  of\hc  evidence  that  hath  bcoo  g^reo 
!  Munntfei*, 
arl  o\M  '  :J.  My  lords,  what  we  are 

Rlriog  eviili  uf  a  tbiuiT  tryo«actcd   3a 

ago;  11)1.'  pnriies  arf  ait  dead:  be  is 
Itou^reyou  itn  account  ofuhiklhe  did,  and 
lid  to  hurt  at  that  ttiuc  by  btH  raanter,  in 
D««ictLn)(  Ibat  uffair.  If  the  |>«^r3iOfi  iLat 
were  now  alive,  to  be  examinetl  to  it 
>1f  before  your  lordships^  it  wouhl  not  be 
ace  wilbt^ui  L.\;inilrifTM/  bltn  ;  but  if  dead, 
be  aaid  eon  ;  may  be  g^iven 

deuce,  it  ^^  lie  party*!  own 

and  what  be  ioUl  biui  Ai  the  time  it  waj>> 
Tbcreforc   wc   bope    Ibey    wil)    not 
\  this  evidence,  which  iu  the  nature  of 
Ring  k  all    that    potoibly  can   be  now 

GtH,  My  tordff  I  hope  this  Is  what 
rlordihipa  wiH  not  6u(f<?r  to  be  done.  I 
Iknew  the  adyitigs  of  a  dead  man  given 
Wence  to  prove  a  particular  fact:  tbev 
i  bren  only  admitted  in  proof  of  grnornf 
aud  cuslouH  ;  but  as  for  a  pai  titular 
Myini;  iu  tbe  knowled((e  of  a  purticubr 
n^  by  his  death  you  bare  lost  your  cvi- 

_     I  or  Maccft^eld.  My  lords,  if  tliey  will 

list  upon  it,  we  inuU  tulhdraw. 

"Ir*  Viurnmrr,   This  mou  here  is  upon  hl^ 

\  but  the  evidence  that  be  must  ^xf^  of 

siu^of  another^  must  be  of  a  xstyxug  not 

Mb. 

[T^ivof^  If  there  be  »  diiTerenee  In  opi- 

**r  lord  and  the  MaTui^er«f 

But  I   dooH  &CC  arjy 

'    '^  ill  tell  my  miiMion, 

uce  i*  no  evJiJtoce. 

"'■*    ■"■♦'^frm    your 

ling  as  to 

wh*  1  know  thai  Mr.  ^ynoe^  Whether  he 


or  was  ^ing  to  surrender,  1 


don't rfrtf'^>L*>*^  i.t^t  la- told  m< 

Serj,  i  My  lords,  they  arc  jfolfig  oti 

again  in  lu.    „  ...  ivay, 

Serj.  Proh^n*  l>o  you  know  any  thing  of 
your  own  knuMledgv  i* 

Lat^i$.  I  had  ttioncy  In  my  hands  of  Mr. 
WynnpV.     Ff e  tn!d  m^ 

S  '         nee  of  this  sort  is  by 

yo«i  It  not  to  bepermitted« 

JScrj,  rrotyya.  He  infofuis  >onr  tord^thipSi 
that  he  hnth  known  tbi^  otfjcc  35  yearH,  Now, 
I  desiie  that  !i  "i dare  what  hnlh   beeit 

the  vi^niiK*  on  ^  and  adtnittauces  into 

this  ollice  of  i  i<-ik  oi  tlie  Custodies,  whether 
any  present,  or  gratuity,  hath  been  made  to 
the  great  sealf 

Serj,  Pcngeiiy,  This  ii  the  tame  thing 
•gain. 

Sol.  Gen,  If  gentlemcfi  put  this  general 
qneation  with  no  other  view  but  to  draw  out 
what  your  lordships  batre  determined  to  be  do 
evidetice,  we  must  oppose  it.  ft  is  a  plain 
<lueftion^  wbetiier  ho  knows  of  his  own  knoii^* 
Jcd^e  that  any  money  ^vas  given  T  And  we 
desire  he  Riay'beconQuei)  to  hit  own  know- 
Wge. 

Earl  of  Mactlajieid.  The  gentlemen  tay, 
thai  as  to  itialtera  of  usage,  it  ii»  uiual  to  en* 
quire  what  old  tnen  have  said  and  declared.  I 
appreheud  this  is  a  matter  of  usage  we  art 
unw  --  .  :-^";^  aflrr  j  but  if  your  lordships  arc 
of  lhi4  should  not  be  asktd»  I  be- 

liev.  ...^  .  ,..j  uot  know  any  thing  of  Um  own 
knowledge  of  the  money  being  actually  paid  19 
tbe  great  seal. 

Serj,  Prohyn>  My  lordw,  wc  desire  that  Mr. 
William  Oakcr  may  be  called, 

Mf « Ottkir  iworn. 

8erj.  Pro5yn.  My  lords,  lire  desire  that  Mr. 
Oaker  insy  bo  asked,  whether  he  ktiows  of 
any  demand,  or  claim,  made  upon  Uie  ad- 
mission or  surrender  of  ll»e  Clerk  of  the  Cus- 
todies, and  by  whom :' 

Seij.  Pengelfy,  My  lords,  this  qoesttoQ  i« 
contrived  in  an  odd  manner.  Tbe  cjuestion 
must  arise  upon  the  fai'i,  not  antecedent  in  the 
fact.  The  question  of  any  duim  before  should 
be,  wbethprhe  knows  of  any  money  paid,  and 
in  what  mumrt  •* 

E.  of  '.  i,   U  is  the  stronger,  if  it 

aj»  claimt  nd:  but  I   apprehend,  if  ii 

frere  only  ciaimcd»  it  is  evvdcnce. 

Oahrr,  J  don't  well  understand  the  qutf- 
tlttii  as  it  i«  put ;  but  I  remember  tn  my  lonl 
Cowprr's  first  time^  in  the  year  1710,  that 
office  was  trannferred  from  tVfr,  *rhomi«ioii  to 
Mr.  Edwards;  1  was  then  sccrttary  of  the 
lunutic«^  "  '  umber  I  puquircd  of  one  or 
both  of  t  leroen,  if  any  present  wai 

mode  to  iijv  f'*ris  oo  that  occatiian  ;  and  was 
answered,  Vhal  nothing  had  bepu  us^oally 
given  in  llie  cane  of  •'"»♦  -^^'^''p,  and  (hut  they 
had  aatisflod    my  >1*    AAeri»4rd«, 


I 


when 


my 


Iwd  Ct 


the  great  seat 


again,  and  1  was  again  secretary  of  the  Itma' 

4n 


1IS9] 


le  GEORGE  I. 


Trial  of  the  Earl  of  Macclqfield, 


[114D 


tics,  his  lordsbip  was  pleased  to  obcerre  to  me, 
that  be  bad  suffered  himself  to  be  imposed 
vpoDtn  several  matters,  when  he  had  the  seal 
before,  and  intUinced  particularly  in  the  affair 
of  transferring  the  office  of  the  Clerk  of  the 
Custodies ;  and  said,  he  was  very  well  satis6ed 
tho«e  i^ntleraen  bad  imposed  upon  him,  by 
assuring  him  that  nothing  bad  usually  been 
given  on  transferring  that  office ;  for  be  was 
well  assured  there  had  been  presents  on  that 
occasion,  and  did  not  see  any  reason  why  there 
should  not:  and  his  lordship  ordered  me  to 
enquire,  as  particolarly  as  1  could,  what  had 
been  given,  and  by  whom,  that  he  might  know 
what  to  do  if  a  thing  of  that  kind  should  happen 
again. 

31  r.  Plummtr,  My  lords,  I  beliere  thisiren- 
tieman  was  senant  to  my  lord  Cowper,  when 
he  H'as  chancellor  last;  1  desire  to  know  if  any 
vacancy  of  this  office  happened  in  the  last  time 
that  lie  was  chancellor  ? 

Qdker.  There  was  a  vacancy  in  the  last 
time.  I  don't  know  what  sum  of  money  was 
given  for  it. 

Mr.  Piummer.  Mv  lords,  I  desire  this  wit- 
ness may  be  asked,  if  ever  be  kpew  thai  my 
lord  Cow  per  did  take  any  thing  for  the  sur- 
rentier  of  this  place? 

Chker.  1  don*t  know,  I  believe  he  had  no- 
thing the  first  time  ;  but  ha  thonght  himself 
imposed  upon  in  it,  and  bid  me  enquire  abont 
it.  As  to  the  second  time,  I  never  could  inform 
myself  what  was  done  in  it. 

Lord  Lickmtrt,  I  desire  be  may  be  askeil. 
who  it  was  that  surrendered  tils  plaice  of  Clerk 
of  the  Custodies,  and  to  whom  ?  Name  them. 

Oiiker.  The  first  was  Mr.  lliompson,  wlio 
surrendered  to  Mr.  Edwardf,  he  surrendered 
Ij  Mr.  John  Bennei,  and  Mr.  JuLa  Ekooct 
surrendered  to  Mr.  Thomas  Brnoet. 

3Ir.  OisLk'.  -My  lonls,  I  desire,  before  Mr. 
Oaker  goes,  that  he  may  explain  himstU. 
w'liicli  of  those  two  times  i&  wa»  that  u:y  lord 
Cow{'<r  said  he  wa«  imposed  npor. ." 

Oj'.tr.    It  was.iLe  ti-*x  licic. 

3Ir.  O  iiu.:c.  1  Jcsire  to  Luow  if  he  took  a"}' 
tl.!n^  at  either  time.* 

V-^'ir.  I  don't  kr.ow  ccbsrwlia  than  n  I 
have  l!*:fuft:  declired. 

S?rj.  frj:;  i.  My  i'Tii.i,  we  desire  tL*i  Mr. 
tuk^  i.i  Dupper  ma\  w  cillei. 

Mr.  D-r-i"  sworn. 

Serv  F.-.-iti.  My  !on.»s,  I  desire  that  Mr. 
Jj.i^'pir  iciy  be  uked,  w hether  he  knows  of 
•3\  siua  v!'  'uiuutv  that  bath  been  paid,  or  re- 
ici^L :  cu  the  s-.ir'rtrzider  or  aici'ss^cu  of  asy 
CIc's  '.{ ii.e  CiTSToJIes  .' 

D^-i<r.     I  Ki'J  rj:  *of  any  moj  <y  jidi-J.     1 

ci'J  C.*c  ILV  Icn'  M.iCv*.\>'.'i-.4d   J-1    aCv-'Ul!  \\\AX 

6Ur-« ■:.'-.»-  A'  ti'ai  orce  Ulor^f  Wrf  >l:.   Ma- 

*ii-';.  y-j.-t.  r.cm  wlwm  hil  \    -  ;"■  xi  •:• 

i"**- „■.  My  lonU.  \  »k':i*t  know  t  »•»  r'jjj  I 
r:L.\  ^  r^:.i:.ii-\%i  v  save  :kii  p^iWA's  u4uc. 


Many  Lords,    Name  him. 

E.  of  MaccUifiM,  Was  it  from  one  that  bad 
the  custody  of  the  great  seal  ? 

Dupper.  Yet,  my  lords. 

Lord .  n  bom  wai  it  from  ?  ■ 

Dupper,  I  had  it  from  my  lord  UaroosL 
My  lords,  I  cannot  say  1  saw  the  money  ac- 
tually paid  ;  neither  can  I  say,  that  his'lord- 
ship  received  ibis  money.  Biit  I  was  a  ser- 
vant to  my  lord  Harcourt,  and  bis  lorUip 
kept  an  account  of  the  profits  of  Um  offiee  « 
Lord  High  Chancellor  in  his  time,  in  his  oai 
writing ;  and  1  made  two  copies  of  that  ac- 
count in  a  Urge  band-writing  for  his  lordskif^ 
use ;  and  I  generally  made  two  copies  of  cm, 
for  fear  one  should  be  k»t  or  mislaid  wfca 
wanted.  One  of  these  copies  I  kept  by  w, 
which  I  have  here  ;  in  it  is  an  account  of  ik 
yearly  profits  of  that  office,  and  there  is  ikii 
particular  item  of  950  giuneas  reoeiTed  for  tk 
surrender  of  the  office  of  Clerk  of  the  Cofis- 
dies,  which  I  copied  from  a  memorandom,  m 
account  of  bis  lordship^s  own  hand-writing. 

Serj.  Pengeliy.  3Iy  lords,  I  don't  know  what 
he  is  going  to"  do.  '  I  hope  there  is  very  lilile 
notice  to  be  taken  of  what  lie  bath  said.  A 
man  tells  a  story  that  is  a  servant:  1  hope  m 
credit  will  be  given  to  what  be  says. 

Cc^.  SirJ,  My  lords,  1  desire  he  may  iafiirfl 
your  iordsh:ps,  when  it  was  he  gave  an  aoeoart 
to  the  earl  of  3Iacclesfield,  that  so  mack 
money  had  been  paid,  and  upon  what  occsani 
itnas.* 

Seij.  Pfn^tUy.  Give  an  account !  hekisws 
nothing. 

C.  Ji.  iSt-7.  My  lords,  I  hope  too  will  «l 
thick  it  an  improper  question,  ife  says,  iktf 
he  gave  an  account  1  desire  to  know  what  be 
gave  an  accocn!  of,  and  it  he  knows  upon  wkit 
occ-ksion  it  was .' 

D%ff  cr.  >ly  lords,  the  reason  of  mv  gmop 
th^s  account  was,  here  was  a  discourse lictwets 
Mr.  Coninghao',  nlir»  was  my  lord  Maddef- 
fietd's  secrHary,  and  myvtlf.  ahout  the  nficc 
cf  Citrk  f^i  i!.e  C>:>t>.d'':es.  Mr.  Coitingbam 
!•  Id  me,  t!.it  3Ir.  Dr^net  was  guing  to  siinca- 
d<»r  his  pang  cf  CIcTk  of  the  Custodies:  I  a*- 
ed  him  to  uuom  ?  He  told  me,  it  was  to  bii 
neighbour  Mr.  Ham^rsley.  J  answered,  I  sa 
T(  "v  g!&j  (o  hear  it ;  there  will  then  be  a  picsi 
•f  rL^Lcv  tor  my  Lor>i  CuauoeUor.  Mr.  Coc- 
I' i^^hini'said,  that  :s  moce  than  I  know;  wai 
■here  e%er  any  money  paid  opun  the  traosfcr 
of  iLis  o£ce'?  I  said,  Yts,  1  remember  tbcit 
«a»,  and  1  never  kr.ew  any  offices  or  pbeei 
under  the  great  se&l  L-ansferred  without  an  ac- 
know  It^^ent  paid  \jj  ibe  great  seal.  Re  ask- 
ed  nve  wbdt .'  1  told  him.  1  had  a  copy  of  tkt 
avVvust  <:f  tbe  prvdu  or  the  great  seal,' kept  by 
try  k-rJ  Hirozort  en  his  time,  and  that  I  wosM 
-vvk  ::-.;.'  :hat  c^.  y.  ar<j  tell  him  what  had  ben 
ri.xi  *r  :l.e  su-Tvcder  ot'  that  office.  I  did  loak 
.  ;>«  :hi:  cv^y.  azd  tb«  next  dav  I  told  Mr. 
1  a  \;ha3*.'t!>ai  :oO  ^ineas  haJ  '^een  paid  os 
\..<  «rr7«\-^jr  Of  that 'office.  And  afterwai^ 
9*d  be-vrv  ih«  inMt^r,  1  tsM  my  Wid  Mae- 
c:«Mkid«C'al. 


lUf] 


JitT  High  Crimes  and  Mitdemtanort, 


A,  D.  1:25. 


[1142 


Mr.  5^r«fi^e.  When  Mr»  Hamersley  wat 
omed,  I  Je%ire  to  It  now  if  Mr.  Cotiingh^m 
dill  not  at  tb«t  time  cult  liitii  Im«  tiei)i;[ht>our  * 

Dupp€r,  1  iliii  Dot  know  jMr.  Hnmersley  at 
that  (laitf  i  Uit  Mr.  Cuttiughain  called  him  his 

JMr    '*'  -.  IVIy  lonts,  1  tltnii-e  lie  may  be 

•ike<i  1  my  lord  Bla4:dc!i(uld  uf  tlib 

lief#iru   fi  1 .  ut-tjfiet  reaig^ottl  to  II r.  Haitiervlcy  ? 
Duf'ficr.  Yes,  1  did,  iiiy  lord?*. 

/.  r.  4,  y,^/   ^\y  tonJd,  |  desire  lo  aak 
tu     I  tliiiik  lie  h  plcaa^  to  say 
ere  J   ice  under  the  great  seal  bul  what 

ackiiowkHtf^utcDt  is  uketi  fur:    1  dt^^iire  lu 
aw    i»liHher  lie  Ijimaelf  iiaih  not  a   place 
fir  en  blin  by  that  nolito  toitj  tor  bis  life  i 
Dupptr.  No,  my  tordi. 
1^1  r.  Ltd  t  wye  he.    Had  you  do  place  at  aU 
giren  yow  f 

~   Xhipprr    I  ba?e  the  rei^er«loti  of  *  p1ac6« 
Ifeiob  If  uot  falten  ai  yet* 
Mr    ^  'it;  What  place  is  tbat? 

Du  "'  seal«rr's  place. 

Mr,  i^iiiir^aht.  Do  you  enjoy  tbat  place  ? 
Duppcr.  Ko. 

Mr.  Lutmycke.  Was  ibere  any  money  given 
br  thttt  pUce  ? 

Dupptr,  No,  Sir;  It  ia  wbat  I  bad  for  15 
•ears  service,  I  wan  bis  clerk,  »i*d  1  acted  as 
pia  steward  in  to^vn  and  country  a  f^reat  tnaoy 
veara;  and  bii»  tord^bip  waa  pleased  to  give  roe 
Miat  reversiion  as  a  reward  lor  tbe  labour  and 
aina  I  took  in  bis  service. 
bert.  i*engdty.  My  lords,  t  desire  he  may 
j^ked,  bow  lon^  after  it  was  that  be  car- 
It  bis  account  lo  Mr.  Coltin^hfiu)  that  be 
aks  of,  bow  longf  afrer  be  bad  tound  it  ? 
Duppcr.  1  don't  exactly  remeinUtr :  Bat  as 
fti  1  can  f^uess,  it  was  tbe  next  day,  the 
L  time  that  I  »iavv  bim  atlerw»rd«i. 

PfngeUi/.  I  desire  he  miiy  In*  asked<» 
whether  ut  tbut  time  he  ifRFf  satinl action  to  Mr. 
L'ottiii^luun,  thai  it  ou^^ht  to  hat  in^i^ltid  upon  i^ 
Duppfr,  1  told  biu)  »o  much  bad  been  g^iven 
or  the  t>unender  of  that  office^  aud  I  never 
r  of  any  ofHce  under  the  great  seal  trnas- 
1  without  mouey. 

f»  Luiuyihf.     1  desire  Mr.  Dupjier  may 
JuDt  your  lordsbipit  what  the  yearly  value 
3iat  omcc  is  tbat  was  given  to  b'lm  f 
Dapper.    I  never  was  in  poAfiessioii  of  it. 
Mr.  Luiwycht.     Do  you  know  what  J«  tbe 
e^rly  vabie  of  it  ? —  D upper.  No, 
fifr.  Luluychc.     Can  yo\»  giie  no  account 
Ttif 

per*     No:  Tbe  man  bath  been  in  jio*- 
lloii  of  it,  I  l^elieve,  tbe»e  thre^'*<«icore  years, 
I  believe  be  wdl  lire   these  tbree-score 
veanr  tonjiper* 
8rr}.  Pralyn,    My  lords,  we  deaJre  tbat  Mr. 
liloo  may  be  called. 

Mr.  Luiim  twom. 

Bmj*  i*m^yn»    1  df*<(iri«  be  miiy  be  asked| 
rlM«brr  he  was  DOt  I  itor? 

Jjuion^    I  was  a  (  ^i^ears. 

danu  ikQ»  I  dciirc  tiiaL  ba  ivui  ititoroa  your 


lordabipt,  whether  any  money  wu  paid,  cither 
by  bim  or  any  other  i^ 

8rrj.  Peu^eliy.  My  lords^  we  beg  leave  to 
understainl  your  lordships' rtnolution,  whtthcr 
it  cKiends  to  allow  an  exiiintnuttuu  hs  tn  the 
telliiii;  of  any  other  offices  mi  contained  in  tbe 
Articles? 

S^erj.  Probyn.  My  lords,  we  shall  endeavour 
to  prore  that  acknowledgments  have  been  an* 
ciently  and  usually  puid  upon  adrni*$j»ious  bito 
all  offie«fs  under  Ihe  ^^retti  seal,  and  thi*  is  port 
of  this  noble  binlV  defence,  that  it  h  u^ual  lot 
tbe  great  seal  to  take  luouey  for  Ihe  trtuisler- 
riog  of  those  offices.  This  witness  was  one  of 
tbe  cnraitois  in  the  Court  of  Chaocct  y  ;  there- 
fore I  hope  it  in  proper  to  give  evidrnc<!  of 
money  given  for  those  offices,  as  biMuu  ufKces 
under  the  great  Keal.  Therefore,  my  lords,  I 
desire  be  may  be  asked,  whether  he  hath 
known  of  any  money  paid  to  the  great  seal 
u(ion  the  surrender  or  ailmiission  of  any  cur- 
sitor  P 

31r.  Lutaryche.  Bly  lords,  I  mibtuit  it  whe- 
ther it  is  proper  for  your  lordships  to  let  thent 
into  this  evidence.  I  take  it,  that  the*  imme- 
diate questions  before  your  lordships  are  unly 
upon  two  sorts  of  oftire^^  one  ol  the  Clerka  of 
the  Custodies,  the  other  the  ^la^ters  in  Chan- 
cery. Now,  uhetber  your  lordships  will  let 
tliem  ioto  an  evidence  of  all  the  othces  of  tbe 
kingdom,  which  is  very  extensive^  J  submit  to 
your  lont^hips'  considetation 

Mr.  PluTFimer.  Voyr  lordships  ybnerre,  that 
we  have  not  gone  upoutbe  10th  Article,  nvliere 
we  have  laid  that  he  sold  Revtral  other  offices  : 
constderiDg  the  great  exteiHivchcss  of  it,  and 
tbat  it  would  draw  this  trtat  into  ngrciit  length, 
we  have  waved  it ;  and  therefore}  vuhmit  it  to 
your  lordships*  consideration,  whether  h«  shall 
make  his  defence  to  any  thing  we  have  not  yet 
given  evidence  to  ? 

Earl  nf  Maccletfield,  This  would  be  to  put  a 
great  difficulty  U|N>n  me.  Th*'  ( 'hur -#>  against 
mc  being  foundeil  upon  a  s<ii  'bat  tbe 

taking  money  ui>ou  adniM  ^  ,  <  na  into 
iitHces  in  tbe  Court  ol'  Chancery  i&  criminal  ; 
part  of  m)'  defence  is,  that  tlie  constant  practice 
of  my  predecessors  shews  the  general  opinioa 
lo  be  otherwise,  and  lb  ere  fore  f  have  by  my 
Answer  in«)«ted  upon  it^i^nera)lv«  that  not  only 
for  the  one  pArlicubr  otHre  of  the  Clerk  of  th« 
Cuitodtes,  or  Clusters  in  Chancery,  but  for  all 
other  offices  umler  the  grewt  SKal,'mon»-y  balii 
beengiv«n^  thrrcfore,  wheilurthe  ofHce  for 
which  I  prove  the  money  to  bv  given,  be  one  vf 
the  offices  obarged  in  the  Ariieles,  and  pfO* 
ceedeil  u|Mmi,  or  another  not  chargrd,  or 
charged  and  waved,  it  will  be  the  same  tbmg. 
Tbe  argument  i«  the  same  with  rcipect  to  tbe 
foundation  of  tbe  accusation »  if  to  all  other 
offices,  of  which  pvraous  now  hving  can  give 
an  account,  monies  have  been  taken  without 
crime,  and  without  blame;  by  purity  of  reu^ori 
it  may  lie  taken  in  iheae.  I  ofltfr  tins  «rvidence 
not  lo  shew  I  am  not  crimii»al  ^ub  respect  to 
the  cursitors^  ofBcea  ;  their  waving  tbat  general 
Article  which  cuntprisMi  tbeiUi  admits  it;  but 


1I43J  10  GEORGE  I. 

to  make  out  that  branch  of  the  indaction,  in 
order  to  infer  from  the  whole  my  not  bong 
criminal  in  the  particulard  they  do  proceed 
upon ;  for  if  it  was  no  crime  Ui  take  money 
from  the  ciirsitors,  and  all  the  rest,  besides  the 
Masters  in  Chancery  and  Clerk  of  theCustodies, 
it  is  no  more  so  to  take  it  from  them  :  if  this 
<ibiection  be  allowed,  the  proof,  which  in  its 
full  latitude  would  be  of  great  extent,  and  go  to 
all  my  predecessors  within  50  or  60  years,  will 
be  conflned  to  a  very  narrow  compass,  when 
restrained  to  what  account  can  be  given  in  only 
two  sorts  of  offices,  by  persons  who  saw  the 
money  paid,  and  happen  to  be  still  alive.  Be- 
tides, for  strengthening  that  argument  from 
other  instances,  1  have  in  another  part  of  my 
Answer  insisted,  that  other  persons  of  great 
wisdom  and  honour  have  likewise,  wiUiout 
scruple,  and  without  censure,  disposed  of  other 
offices  for  money;  that  this  hath  been  con- 
stantly practised  m  the  disposal  of  all  sorts  of 
offices  in  Westminster- hall,  money  hath  been 
taken  for  them  all  along ;  this  proof  I  must  be 
cut  off  from  too,  if  I  am  to  give  evidence  only 
of  what  was  done  in  the  case  of  those  offices 
for  which  they  proceed  against  roe :  I  hope, 
therefore,  the  gentlemen  will  not  oppose  the 
going  on  to  make  the  proof  proposed  by  my 
counsel. 

Herj.  Pen^elly.  My  lords,  if  it  be  put  in  this 
general  manner  of  all  other  courts,  and  in  all 
other  instances,  we  apprehend  it  will  be  a  very 
extraordinary  examination.  A  person  is  chaigeil 
with  a  particular  charge  of  one  fact,  and  he 
would  examine  to  another,  with  which  he  is 
not  charged.  This  is  beside  the  issue,  and  not 
before  your  lordsbi|>s.  Here  is  a  Charge  by 
the  Commons  of  Great  Britain,  and  an  An- 
swer and  defence  to  that,  which  can  go  only  to 
those  (larticular  offices  charged.  Now,  to  in- 
troduce an  evidence  of  this  nature,  is  exceeding 
any  rule  or  instance  that  hath  been  ever  heard 
of.  If  they  apprehend,  by  proposing  aud  in- 
sisting on  it  in  this  High  Court  of  Judicature, 
they  shall  be  allowed  to  proceed  in  a  method 
wholly  new,  we  rau't  tell  the  consequence  of 
such  an  allowance :  and  it  is  to  no  puri>ose  for 
tlie  Managers  to  come  prepared  to  examiue  to 
a  particular  fact  stated  between  us,  when  there 
may  be  ten  thousand  things  insisted  on  that 
are  not  in  issue. 

Lord  Viscount  Townshend.  I  canH  say  this 
is  within  the  rule  your  lordships  laid  down. 
If  it  is  insisted  upon,  the  counsel  must  with- 
draw. 

£.  of  Maccltsficld,  My  lords,  I  dun*t  know 
whether  this  will  not  go  through  a  great  part 
of  ray  defence,  which  will  be  to  shew  that  other 
offici-f!  have  been  disposed  of  by  the  Master  of 
the  Rolls,  the  chief  justices,  aud  other  judges. 
This  is  in  my  Answer :  the  Commons  had  no- 
tice of  it ;  and  they  have  joined  issue  upon  it.  1 
wonder  to  hear  it  said  ilivy  have  not  joined 
issue,  when  in  the  Answer  it  is  insisted  upon, 
and  they  have  replied  thereto.  This  is  a  thing 
that  these  gentlemen  are  very  well  aware  of; 
it  is  fo  general  tad  imifmal  a  diing,  that  every 


Trial  of  the  Earl  of  Macclesfield,  [1 144 

body  knows  of  it.  I  don't  know  vhelher  it  is 
intended  to  make  any  dislinctioD  between  this 
case,  and  what  is  done  in  other  oases;  if  they 
do,  I  would  be  glad  to  bear  it;  if  they  do  not, 
then  I  would  b^  your  lordships'  deternunalisi 
upon  it. 

(Serj.  Pengelly.  My  lords,  we  are  not  to  de- 
clare our  opinion,  whetlier  there  is  any  dif- 
ference, or  not ;  the  quoitloo  is  in  point  of  eri- 
dence. 

Sol.  Gen.  My  lords,  I  don't  apprebead  ibt 
we  have  joined  issue  on  every  thing  thattht 
noble  earl  hath  thought  fit  to  put  in  his  At- 
swer.  The  Commons  have  charged  him  wiA 
several  crimes;  he  hath  answered  to  ihsN 
crimes;  the  Commons  reply,  that  they  an 
ready  to  make  good  their  Chaise.  Bj  thi^ 
issue  is  joined  upon  every  thio^  in  the  Chaige; 
but  not  upon  every  foreign  thmg  that  he  Im 
put  into  his  Answer.  We  insist  that  be  is  sol 
to  give  evidence  of  the  sale  of  any  other  offioHi 
but  of  those  that  be  is  particularly  chayit 
with.  As  to  the  cursitors'  office,  and  other  fl(^ 
fices  that  he  is  not  chaiged  with,  we  eay  hcii 
to  give  no  evidence. 

Mr.  Lutmyche,  My  lords,  becauae  it  ii  ii- 
sisted  upon  that  whatever  this  noble  lord  hnk 
said  in  his  Answer  we  have  replied  to ;  I  wenM 
observe  that  the  very  replication  takes  noM 
of  this  very  thing,  and  was  one  of  the  thiogi 
considered  of  by  the  Commons,  and  tberefin 
the  reply  is,  <*  Thot  be  hath  endeavoured  li 
evade  the  enquiries  into  his  own  orinies,  by  is- 
sinuatiog  facts  not  material  to  the  omUoi 
charged."  And  therefore,  my  lords,  we  iaMl 
that  he  may  not  enquire  into  those  maim 
which  we  have  not  charged. 

Com,  Scrj.  I  don't  know  whether  I  nay  be 
at  liberty  to  add,  that  I  humbly  apprehend,  ihl 
what  the  gentlemen  of  the  House  of  Cobmimbi 
now  insist  upon,  is  contradicting  your  lordship' 
resolution  already  taken. 

Then  the  Managers  and  Counsel  were  or- 
dered to  withdraw,  and  being  afterwards  cM 
in  again,  aud  returned, 

L.  C.  J.  King.  Mr.  Serj.  Probyn,  tiie  Lak 
have  rc«>olved,  that  the  counsel  forthefsriif 
Macclc'btieid  be  not  permitted  to  give  eviiieaai 
touching  sale  of  the  office  of  the  Cursitori,  ka 
that  no  evidence  batli  been  given  in  reitlioB 
thereto  hy  the  Managers  for  the  Uouse  cf 
Commons. 

Serj.  Frohyn.  Then  if  it  be  your  lorH- 
ships'  pleasure,  we  beg  leave  to  call  one  wilartl 
more  in  opposition  to  the  evidence  gives  bj 
Mr.  Thomas  liennet,  in  relation  to  a  ausi  «f 
money  paid  by  him  upon  the  suriwoiter  ef  his 
office  of  Clerk  of  the  (Jnstodies;  he  gave  year 
lordships  an  account  that  he  had  paid  the  ssB 
of  G4/.  (besides  the  sura  of  105/.  whidi  be  tf 
first  ngrced  to  give  the  great  seal)  upoo  hif 
surrender  of  that  office.  Now,  my  lords,  wt 
sliall  shew  your  lordships,  that  no  part  ol*  iM 
sum  of  64/.  was  really  paid  to  the  great  ssA 
as  Mr.  Benoet  seems  to  infiiouate,  but  was  aH 
laid  out  in  the  fees  and  expenoei  cf  paMg  Aii 


1 145]  Jet  High  Crimes  and  MUdemmmon. 

oflices   Itiat  ; 


[jAterit  Itirottgli  the  neversl 
|»To^)er  u^n  thai  necasian.     Aiul  to  this  end 
~^    ;  toifc  that  Mr*  T«oqU  may  be  called. 

Mr.  T<riicA»woni. 

frj,    Pro/'Vi.      My   lortlsj   we  *le»tr«   Mr, 
f§tnc\\  m4iy  ittfbrm  your  lordstiipSf  if  b«  was 
upbjcd  lo  Uktjig  out  tke  (uusol  fti»r  Mr, 
ttoniHA  BcMietr  npoii  bis  iQcnBMkr  of  the 
>rki>rili«€iiitidUM? 

2e»t4*A.    Hy  lordi,  l  was  f  mplojcd  by  Mr. 
pJboittu  BcMltt  to  MIC  out  the  (rtUent,  and  1 
'  I  ibe  ikm  of  every  oflke  of  pocsing-  tbe  pa- 
I  wliioli  0amf»  lo  (Hftwteo  60  Mid  70/. 

iPNiA»^    We  doftire  be  msy  leU  ui 
|«lfic«r  bo  is? 

I  am  Clerk  oi*  ibe  Patenit  to  the 
uey* general,    and  Deputy  Clerk  uf  ibe 
atpnte  in  CbaQcery. 

Corn.  Si'tj,     1  Jet&ire  he  may  b«  aaked,  what 
art  oftliosic  fees  are  paid  to  the  grant  fical  i:* 
IVnrA.    There  it  a  ditideud  ci*'  the  wiottey 
D^  from  the  pateoUif  of  thin  1  /.  8#.  W,  aod 
ll  to  the  great  seaL 

.  Sirj.     I  de&ire  he  may  be  asked,  whe- 
*  any  more  came  to  tfic  gneit  mil  out  of 
i/.  than  I/,  til.  4^-? 

nrA.    I  d«ju't  kiiuw  that  there  ia  any  more 

V  dif  idenel  of  ihc  patent,    Ti*e  rest  went 

for  tbeir  seipcral  fees  ot  the 


Ten 


Com, 


T^nfk,  I  dfvir  it  up  at  Mr.  Tboiuas  Ben* 
ntjt'c  ref^ucit, 

Mr.  Hand^,  To  what  puqioae  wait  that  pe* 
titioaf 

Ttnth.  The  pclilion  recited  ihat  the  paieat 
wasgmntcdto  hts  bfi^tUrr,  and  that  upou  his 
Urother'a  surri-ndenog,  il  inigU  be  granted  to 
him. 

Mr.  Santfj/s,  U  is  the  last  petition  we  d#sjro 
Ui  t»o  informed  of,  ubut  tht*  purport  of  ihac 
wa*;  not  the  petition  of  Mr,  John  B*uiuet» 
when  he  surrcnd«'red  to  Mr,  'I'homas  Bcnn^ t, 
but  the  petition  of  Mr.  Thomas  Ce^nnet,  when 
he  sarreitdered  lo  Mr.  Hainersley  ? 

Teuch.  It  wa»  a  |)etiuon  recitutg  the  grant 
in  Mr*  Thomas  BenneA,  and  Uiat  he  ittigbt  re- 
sign toBrlr.  Bamendoy'a  use,  who  was  a  person 
well  affected  to  hifl  luitjesty  and  the  got  em- 
titent. 

Serj.  Prohi/n,  My  lords,  we  now  procetd 
to  the  other  Artielfs,  which  relate  to  tlie  pre- 
sents made  bv  the  Masters  iu  Chancery  to  the 
earl  of  Macclesfield. 

Upon  this  the  House  adjourned  to  the  next 

morniug  ten  o'clock. 


Cow-  Serf.  I  won*t  tmuMe  yonr  tordsliifit 
» ask  to  w  horn  iJie  rest  of  the  money  belongs, 
rlietlier  the  remainder  ts  |iaid  orer  to  other 
iP 
ench.  I  don*l  Know  th»t  any  thing  i^  paid 
» the  great  aeni^  upon  [iflisfin^^  \\m  [tatcnt  omce, 
L  Uie  difideod  of  iL  lli.  ^d, 

8erj,     I  desire  he  may  inform  your 
ships,    whether  the  remaiiMicr  is  paid  to 
her  olhces  P 

ch.   Yes,  to  other  ofBcoi^  to  the  Hans  per 
the  8eci-ctary*s  OiBce,  the  Signet  and 

I?»  My  lords,   we  shall  trouble 

on  ^^   with   no    farthi^r  cfidpncc  on 

le .  but  beg  your  lordflhipi*  favi>ur  to 

LI  crulcoce  on  the  .^tlt,  aud  other  Ar- 

Mr.  Sifnc/yi*     My  krds,  I  d^ire  he  may  be 
wAf  where  he  fonnd  the  warrant  for  pausing 
Mieol  at  that  time  ? 
7*nch.     1  had  the  warrant  from  the  secre^ 
xy*iiohice, 

fcfr    ^      '  '      1  desire  be  may  he  asked,  if 

it  eam«  there,  ami  by  whose 

.;  he  known  who  proctireil  it  ? 

•A,     My  lords,  f  drew  a  petition  hy  Mr. 

s  dirvK-tirni,  to  the  secretary  of  state; 

Iba*  I  um  was  refcricd  to  tlie  at* 

g4i  I  ufHin  his  report,  there  was 

int.     1  know  uf  no  other  proceedings 

_        to«». 
Mr.^fW^f.     My  Jowls,  f  desire  he  moy  he 
«akcd^  Kt  wbost  butaooo  bo  drew  up  that  pe> 


The  Sikth  Day. 

Thuntiay^  May  IS. 

Tlie  Lords  Uc^iug  seated  iu  ibeir  House,  and 
the  two  Proclamtktions  beiug  tnade  fts  on  tho 
former  dsyt  * 

L.  C  J.  King.  Mr.  Serj*  Probyn,  you  may 
go  on  with  your  «'viih^tu'.i^. 

8vrj,  ProbifTi,  's  we  lieg  leave  t<> 

lay  before  jour  loi  i e  imstnnces  w here, 

u|Kiu  former  a^lm  ^'     i^rsi  in  Chan- 

cery, sums  ol  uk^  lime  lo  time 

been  taken  hy  Uie  ^.« ri.t  3^..;.  We  desire  Mr« 
ftleller  may  be  cafled  again.  [Accordingly 
Mr.  Metier  ap}>eared.] 

SerL  Frobf/n*  We  desire  Mr,  Mcllcr  may 
be  asked,  wnetl^er  be  knows  of  any  sum  of 
money  paid  to  the  great  «€al  upon  the  ad- 
miasion  of  a  Master  in  Chancery,  and  what 
sum  f 

MelUr.  My  lords,  I  humUy  apprehend, 
lliat  the  Ruhjects  of  Great  Britain  are  not 
compellftMe  in  any  case  to  give  an  anawer  lo 
any  matter  Uiot  may  he  to  their  prt-^iudice.  [ 
speak  it  with  the  greatest  submii^iou  to  your 
lordships.  For  my  part,  I  am  i^ery  unwilling 
to  do  any  thini(  thai  may  sny  w«iys  hstsf  n  the 
security  of  the  subject ,  therefore  1  humbly 
hope  your  !ord»hip*  will  not  compel  me  to  girs 
sn  answer  to  any  tjuestton  *»t  M"^  '^iture.  1 
hunddy  mibtnit  it  t<i  your  l<<  hI^'uicuI. 

E.  ofM««.  My  lords,  1  _^  iivn  he  is 
asked  is  a  general  ouestion,  whether  he  knowi 
of  any  money  paid  to  the  great  seal  by  any 
MuKter  inChtincer)  upim  liijf  admisHiou  i'  whe- 
ther he  knowi  or  doth  not  know  il  ? 

Hfrj.  Ptfi^flty.  My  lords,  we  beg  Ictro  lo 
ACfpLiint  thr  Itousr  of  the  ctrciinurtmnces  of 
Mr*  Mdlrr,  IVom  whence  the  objecttoti  liset. 


1147] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdesfidd^ 


[1148 


He  was  formerly  a  Master,  bot  before  the  late 
act  of  parliament  he  quitted  that  office,  and 
hath  no  indemnificatioD,  as  the  present  Masters 
have  by  that  act.  Therefore,  as  I  apprehend, 
his  objection  is,  that  he  can't  ^ive  an  answer 
to  this  question,  without  subjecting-  himself  to 
a  penalty,  and  accusing  himself  of  an  offence 
against  the  law. 

Mr.  Lutwyche.  This  general  question  tends 
to  make  him  accuse  himself,  and  sulgect  him- 
self to  a  penalty. 

E.  of  Mace-  My  lords,  I  would  gladly 
know  whether  these  geutlemen  object  to  this 
question  or  not  PIT  they  object  themseWes  to 
it,  they  have  a  right  so  to  do,  and  to  offer  their 
reasons,  and  they  must  be  lett  to  your  brd- 
sbips'  judpfment.  But  they  have  no  right  to 
instruct  a  witness. 

Mr.  Lutwyche,  I  never  endeavoured  to  in- 
struct any  witness.  It  is  very  well  known  I 
never  &ttem|>ted  uny  such  thing;  and  that  noble 
lord  knows  it.  1  am  now  here  not  as  counsel, 
but  as  one  of  the  Mana£|[crs  for  the  House  of 
Commons,  and  by  their  command,  and  so  have 
moi-e  reason  to  take  notice  of  this  reflection. 
We  do  not  instruct  witnesses,  this  is  no  such 
thing.  It  is  an  objection  which  we  have  a 
right  to  make.  We  have  done  it  already,  and 
have  had  your  lordshi|)s'  determination  upon 
it.  It  is  not  so  very  lonff  ago,  but  the  noble 
lord  may  rememlier  this  very  question  was  di- 
rectly asked  of  3Ir.  Bennet,  and  then  refused ; 
the  next  day  asked  again  by  a  side-wind,  w  be- 
ther  he  knew  any,  and  what  money  had  been 
given  for  the  place?  and  rejected  by  your  lord- 
ships; and  then  a  Question  was  asked,  how 
much  he  knew  the  place  sold  for  ?  And  your 
lordshi|>s  likewise  refused  that :  here  now  is  a 
question  asked  of  a  man  that  hath  l>een  a  Mas- 
ter in  Chancery,  and  not  indemnified  by  the 
lasit  act,  whether  in  effect  he  paid  any  money 
for  his  office  ?  Your  lordships  thought  this  in- 
duced a  penalty,  because  you  thought  it  neces- 
sary to  pass  an  act  of  parliament  to  indemnify 
the  present  Masters ;  but  it  is  well  known  it 
doth  not  extend  to  those  who  were  Masters  be- 
fore ;  and  therefore,  as  there  is  a  penalty  an- 
nexed to  it,  he  ought  not  to  answer  this  ques- 
tion. Besides,  for  the  sake  of  our  proceedings, 
it  ought  not  to  be  answered,  and  we  have  a 
right  thus  to  interpose,  that  when  your  lonl- 
sbips  have  refused  the  same  thing  m  another 
luan,  the  same  is  not  to  be  insisted  upon  again. 

Serj.  Fcngelly,  My  lords,  it  is  the  duty  of 
the  Managers  to  take  notice  of  the  behaviour  of 
the  lord  impeached.  Whether  he  apprehends 
that  he  liaih  a  right  to  controul  the  Managers 
in  this  House,  and  whether  that  arises  from  the 
scat  he  enjoys,  \oor  lordships  will  consider  the 
consequences  of  this  behaviour.  When  the  first 
day  we  were  told,  that  we  were  working  up  the 
witnesses,  and  now  that  we  are  instructing 
them,  whence  could  this  lord  have  this  imagi- 
nation but  from  his  own  former  practice  ? 

E.  of  Mace.  My  lords,  as  to  that  gentleman 
that  thought  himself  reflected  upon,  he  greatly 
Misiaket  me.     I  did  not  intend  to  reflect  upon 


him  as  going  to  instnick  the  wUnem  n  Us  evi- 
dence ;  1  believe  him  as  far  from  it  sssDy  mn 
in  England.  I  know  bim  to  be  a  person  of  tss 
much  honour;  and  I  had  not  the  least  tbongbt 
when  I  spoke  i|,  of  his  instrocting  a  witncK  ia 
that  sense.  But  here  a  witness  is  making  some 
difficulty  in  answering  a  qoestion,  and  1  thought 
that  that  gentleman  who  spoke  first,  was  sitt- 
ing that  which  made  the  witness's  olgeciioBS 
which  I  apprehended  did  not  belong  to  tbe  Ma* 
naggers  to  do.  That  is  what  1  meant  by  is- 
structine.  The  question  that  »b  asked  is,  «h» 
ther  he  bath  known  of  any  money  given  lo  tb 
greal  seal,  upon  an  admission  of  a  MasSpr  is 
Chancery?  Say  they,  he  was  a  Master  in  Chtt- 
cery  himiself,  tneretore  it  may  include  biigif- 
ing  money  upon  his  being  admitted :  but  li 
that  so,  he  may  know  of  other  pemons  henfa 
himself  that  gave  money.  Aly  qiiestioB  thsRi 
f<»re  is  general,  whether  he  knowa  of  any  H^ 
nejr  gi^en  to  the  great  'seal  on  ■  admission  sf  i 
Maister  in  Chancery  ?  The  question  your  lad- 
shifis  resolved  was  as  to  Mr.-.  Bennet  himHK 
and  oonfiiied  to  his  sini^le  office  ;  and  had  1 
asked  Mr.  McUer  what  he  had  given  on  his  i^ 
mission  to'  his  own  office,  it  had  been  anotkr 
matter,  and  within  your  lordshiua'  resoliiti» 
But  the  Question  that  is  now  aslced,  indate 
what  he  knows  hath  been  given  by  other  ll» 
ters ;  therefore  he  may  give  an  answer  wil^ 
out  charging  himself.  If  be  answers  tbit  hi 
(loth  not  know  of  any  money  given  by  any  oiktf 
Master  except  himself;  then  it  will  oonc  H 
tlie  question  the  Managers  would  bring  it  is. 
In  the  mean  time  give  me  leave  to  sav,  Ikrt 
those  gentlemen,  by  being  Managers  tor  iki 
House  of  Commons,  have  not  a  right  of  tmt- 
ing  |iersons  in  a  different  manner  than  whsl 
they  should  do  if  they  were  not  Mauagcn. 
That  that  gentleman  should  say,  that  what  I 
spoke  about  instructing  of  witnesses,  aritdk 
from  a  practice  of  my  own,  is  a  language  as- 
becoming  the  dignity  of  your  lonlshius*  bar.  b 
this  a  way  of  treating  mankind  ?  Is  this  a  li 
method  of  carrying  on  a  prosecution  ?  Is  ikii 
decent  speaking  before  so  august  a  judicslsis 
as  tbisf  What  I  said  of  instructing  a  witaev 
imported  no  faulty  way  of  instruction. — {.Mta 
a  short  pause.)—!  have  used  a  great  deal  rf 
preparation  not  to  be  disturbed  at  auy  expvs* 
sions  that  fall  ufMu  this  occasion.  It  is  a  laahy 
way  of  instructing  a  witness,  to  tell  bin  what 
he  shall  say ;  but  to  tell  him  he  bath  a  legal  s^ 
jection  to  a  question  that  is  asked,  1  knew  at 
crime  in  that.  My  lords,  1  beg  pardon  for  tak- 
ing so  much  notice  of  tliis  Vnatter ;  but  1  isiiii 
upon  an  answer  .to  this  question,  wbeibtsr  bi 
knows  of  any  money  riven  to  the  great  setl, 
on  an  admission  of  a  Master  in  Chancery  ?  lie 
may  answer  affirmatively,  without  at  all  ■fat- 
ing himself;  and  1  submit,  whciher  beougM 
not  to  do  it. 

Air.  Flummer.  My  lords,  if  the  counsel  Iw 
the  noble  lord  have  done,  I  beg  leave  to  rapljr. 
llie  noble  lord  says,  that  this  gentleman  psv 
possibly  answer,  and  not  accuse  himself.  Bvi 
if  by  the  answer  he  may  accuse  bimsd^iiii* 


liy  be  sbotild  not  aoswrr.    Theroclhod 
I,  tlr&l  lie  mny  My  be  ilotli  doI  know 
\y  but  liini(ieh,  m  ttccusintr  bimself.    At 
OlbtT  point  about  iostractini^  wituesMft, 
t  otir  tvitnesi,  but  bis  own  witoeai»  wb<i 
to  anc^er* 

r.  Onihm,  Tbe  Managers  ainnot  but  ob- 
Ihe  indecent  behaviour  of  tbi$  bnt«  am) 
worthy  manner  of  treating  uf*  What 
Ifcy  here,  wc  ari?  rt-^dy  to  nay  any  where. 
(u  not  thtek  Ihe  hrd  at  the  bar  should  be 
ting  the  Af  adng^era,  ns  if  he  snt  In  his  place 

(Jut! ;  if  wc  do  any  ihing-  tir r^^-r-tj^^  i»e 

^jfCt  In  your  lord*liip8'  I  Wc 

It  not  here  as  corttmoii  jn  .  .  .^i?i,  am) 
pt  to  be  treated  &&  common  rouu«el  by 
pt  be  won  Id  have  treated  counsel  in  ano- 
^lace«  We  are  here  advocates  for  all  tl^ 
pnont  of  Gr«at  Britain,  tu  deumnd  justice 
lit  ibia  Earl ;  and  submit  il  to  your  lord- 
L  whether  lie  ia  lo  treat  ua  in  this  uube- 
pj^  fnanner  ?  A*  for  the  question ^  the  very 
fl  b«  now  i^ives  for  asking  it,  in  the  same 
pas  g^ven  by  bim  for  exaraintng  Mr.  Brn- 
iMid  your  lord&bifis  then  over-ruled  it.  %  It 
|ly  by  a  side- wind  asking  a  question  of  a 
theijitwer  whereto  will  uoavoidably 
him  with  a  crime :  be  ctonot  answer 
It  char|[;in)jf  himself,  This  lord  hath  luid 
for  the  witness  to  accuse  himself.  He 
[be  may  answer  that  he  knows  aothing  of 
pioney  given  by  any  Master  but  himself; 
h  is  i£nK:t)y  saying  that  be  himKelf  bath 
i  money.  We  hope,  therefore,  this  ques- 
ihalt  tiot  be  asked  i  and  we  insist  ujioo  the 
(lion, 

^  Polmtr,  In  duty  to  the  House  of  Com- 
1  I  tiiink  myself  obliged  to  take  notice  of 
■range  behaviour  of  this  lord  in  thif  in- 
p*  Aceardiug  to  your  hird*ibip4*  own  rule, 
|b  he  sits  within  tbe  bar,  yet  he  is  not  a 
I ;  and  tberefvire  I  roust  beg  lor  myself^  in 
pmcs  of  the  Managers,  and  in  tbe  names 
I  tbe  Commons  of  Great  Britain,  that  no 
language  or  Uhaviour  be  a^^airi  used  ;  if 
ulil,  we  tan  not  bear  it,  but  must  retire* 
Jkiiicc.  M  V  lord9f  I  desire  the  general 
at  1  have  propn«ted  may  be  asked  ; 
!now  what  is  yotir  lordhhip^^  pleasure; 
I  havf^  a  right  to  have  it  inawered. 
f»  Piummer,  I  object  lo  the  lord's  going 
The  lord  hath  answered  ;  we  have  re* 
]  and  I  inaiftt  u^ion  it  be  liatb  not  a  right 
lak  any  more. 

iko  of  Arg^ie,     I  hope  they  will  with- 
[Ordered  lo  nitbdraw.] 

the  Managers  and  Counsel  w  itlrdrew, 
tdug  chilled  in  again,  and  relumed, 

bief  iustier  Ki»i^.  Mr.  Serj.  Probyn, 
1  proposed  by  llie  oobie  Ear)  to  Mr, 


far  High  Crinm  and  Mhdmeamrt.  A.  D*  11  f£,  [|  15i 


[  tile  M  41 


'  hifUKli ;  ih« 


lid  was  not 

use  it  might 

Loi  d#|  vpou  ot« 


bale,  are  of  opiiiion,  that  ha  is  not  liound  to  aii- 
swer  that  »iiieation* 

Scfj.  Pntlfyn.  My  lords,  then  wc  desire  be 
may  be  askeil,  whetber  he  knows  of  any  sum 
of  mousy  paid  by  any  other  person,  exccpl 
himself,  upon  the  admission  of  auj  Ma!»tei-? 

Com.  Strj,  1  would  not  presume  to  ask  any 
question  that  lu  improper,  J  understaud  }our 
K»rd9lit(»s'  r(*sotutiun  to  be,  that  we  are  not  to 
Bhk  tl>t  geneial  cjucRtion  of  Mr.  Mcller,  because 
iUriight  aiU'cl  hunself;  this  question,  ^teihmk, 
will  not;  whether  ho  knows  of  any  suni  uf 
money  given  upon  the  admission  of  any  oih«r 
Mftiitu  r 

Serj.  P^n^e//y.  My  lords,  we  nubroit  it,  vi  be- 
rber  this  queftlioii  Jjlfers  at  all  in  coosequenoe; 
though  It  be  not  in  the  same  words,  yet  it  is  to 
the  same  effect :  it  in,  in  other  wurdis,  to  aak 
the  same  question  over  again.  We  hope  iliey 
will  not  give  your  lordship*  this  trouble. 

Mr.  Lii(wi/che,  My  Wrdf^the  queaiioti  itu- 
plies  that  he  gave  money  himself. 

Lord  Lccfutiere*     If  Uic  counsel  would  ex- 

RIain  themaelvcs  more  particularly,  name  the 
lasterjhe  person  who  received  it,  or  any  other 
particular  tact ;  then  it  wUl  appear  whethar 
that  be  a  proper  question. 

iiierj,  Frobj/n.  My  lords,  we  humbly  appre- 
hend, thai  we  are  at  liberty  to  ask  this  qtieslioo 
in  the  form  proposed,  otherwise  we  shall  in  a 
great  measure  be  precluded  from  the  just  de« 
fence  of  tbe  noble  Earl.  W' e  could  not  pre- 
sume lo  a8k  these  witnesses  beibrehatid,  who 
were  the  fiersons  that  gave,  or  the  pai  liculnr 
persona  that  received,  but  as  these  persons  have 
ocen  io  the  o&ce,  and  must  know  the  nature  of 
admitting  ihe  Masters  in  Chancery  ;  we  hope 
they  wjllexpluin  it  in  their  evidence,  and  name 
the  particular  persons,  who  either  gave,  or  re- 
ceived money  upon  that  occasion*  We  are  not 
proper  to  apsk  more  particularly. 

Com.  Serj,  My  lords,  I  shall  be  very  loth  to 
give  any  r{u»iasto  lo  this  bonouruble  House; 
tlierefoiv  I  bfg  leave  to  know,  whetber  or  no 
we  bare  liberty  to  ask  thisi  question,  and  ^vbe- 
ther  lour  Inrdahips*  resolution  extends  lo  il  ?  I 
humbly  take  it,  we  are  ul  libtrty  to  ai»k  the 
question,  and  the  wiinesH  is  not  obfij^H  to  an- 
swer, if  be  apprehends  tliat  as  the  question  is 
formed,  he  cannot  answer  without  an  iiicouve- 
nience  to  hiutself,  I  w<iuld  not  willingly  ask 
an^*  question  that  I  thought  the  House  would 
thmk  improper. 

Lord  rrrjHir,  If  tbe  noble  lord  insists  tipoR 
Ihii  <]UeHtion,  it  is  proper  that  he  should  name 
s^«  lug  whom  he  would  ask  ; 

oil  rily  to  overthrow  your 

li.  of  Mart,  My  lords,  I  am  very  uufortu* 
natr  in  this  matter*  I  would  ask  htm  the  qiiee- 
tion  io  ftuch  a  manner,  as  should  not  carry 
the  least  in)|ititiiii 
fimt  name  oi 
in  so  great  n 
diou¥ ;  [  only  ask  in  short,  what  ho  kno'v s  of 
any  money  taken  by  the  trreat  i^-al  for«  or  om 
theadmittiM  vf  elW  blatters f   I  d^U  lok 


'ni  him:  but  if  1  alionfd 
Hud  afterwurdw  another, 
t  Masters  it  would  lie  te- 


1I5I] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maeeksfield^ 


[1152 


him  concerning:  himself,  bat  only  concerning 
other  Masters  ;'  whether  he  knows  any  thing 
of  the  transactions  of  cttfaer  Masters'  admission 
besides  his  own  ?  I  hope  your  lordsbiiM  will 
think  this  may  be  asked,  with  this  explanation 
and  declaration,  that  it  don't  extend  to  any 
thing  relating  to  himself ;  but  only  whether  he 
knows  any  Uiing  concerning  any  money  paid 
by  any  other  persons ;  and  to  name  them  par- 
ticularly. 

Lord  Chief  Just  King.  Yon  hear  the  ques- 
tion. 

Meller.  Is  it  your  lordships'  pleasure  that  I 
should  answer  to  the  question  as  it  is  now 
formed  ?  My  lords,  I  don't  know  or  remember, 
that  ever  I  had  a  discourse  with  any  Master 
about  what  he  gave,  or  what  he  was  to  gire, 
tbr  any  place ;  except  I  have  beard  Dr.  Eddis- 
bury  say 

Mr.  Lulvyche,  My  lords,  we  object  to  this 
as  not  being  evidence,  but  only  hearsay. 

Metier,  Except  Dr.  Eddisbury,  I  don't  know 
one  indeed. 

9erj.  Probyn.  My  lords,  we  desire  that  3Ir. 
Loviliond  may  be  called. 

Mr.  Lovibond  called. 

Serf.  Proht/n.  My  lords,  we  'hope  that  Mr. 
LoTiliond,  being  one  of  the  present  Masters, 
and  consequently  within  the  indemnity  of  the 
late  act  of  parliament,  may  be  examined,  as  to 
what  happened  in  his  case :  And  we  desire  that 
he  may  be  asked,  what  sum  of  money  was  paid 
to  the  great- seal,  on  his  being  admitted  a 
Master  in  Chancery? 

Lovibond.  My  lords,  as  to  that  transaction,  it 
is  many  years  ago,  above  twelve  years  ago,  I 
will  recollect  what  I  know  of  it  to  the  best  of 
my  remembrance.  My  lords,  I  never  had  any 
treaty  in  that  affair  with  the  great  seal,  nor  with 
any  officer  belonging  to  the  creat  seal ;  nor  did 
1  employ  any  body  in  it.  But  there  was  an 
acquaintance  of  mine,  a  Master  in  Chancery » 
since  deceased,  who  apprehending  it  to  be 
for  my  service,  without  my  knowledge  trans- 
acted It. 

Serj.  Probyn.  Who  was  it? 

Lovibond.  Mr.  Browning';  he  came  to  me, 
and  tuld  me,  I  have  settled  the  whole  matter, 
you  must  be  sworn  in  this  uififht,  and  you  must 
send  to  Mr.  Cottingham  or  Mr.  Appleby,  then 
officers  under  the  great  seal,  700/.  m  money  or 
Bank  bills.  1  did  send  it  that  night,  and  was 
then  sworn  in. 

Serj.  Pengelly.  My  lords,  1  desire  he  may 
be  particular  as  to  the  time :  It  is  necessary  he 
should  be  certain. 

Lffuibond.  Mr.  Browning  said,  he  had  settled 
it  with  the  great  seal,  that  I  should  be  sworn  in 
that  night ;  my  lord  Harcourt  was  then  Chan- 
oellor. 

Mr.  Strange.  My  lords,  I  desire  he  may  be 
asked,  whether  he  was  admitted  upon  a  death 
or  a  surrender? 

Lovibond.  I  was  admitted  upon  a  surrender. 

Mr.  Strange.  By  whom  f 
'  Lopibond.  Mr.  Pitt. 

4  I 


i  moBtr. 
be  aM 


E.  of  Strajford,  Before  the  witne«  goes,  I 
desire  to  ask  him  how  naach  he  gave  to  Mr. 
Pitt  upon  his  sarrendering? 

Lovibond.  It  was  S,000/. 

L.  Harcourt.  My  lords,  if  the  gentlemtn  ii 
not  gone,  1  desire  to  ask  him  a  question  or  two. 
Mr.  Lovibond  called  again. 

L.  Harcourt.  My  lords,  I  desire  be  may  k 
asked,  whether  he  was  worth  so  much  taonj 
as  to  pay  8,700/.  of  his  own  money  at  that 
time? 

Lovibond.  Yes,  my  lords,  and  much  moie. 

L.  Harcourt.  I  desire  he  may  be  aibi 
whether  he  paid  it  out  of  bis  own  money,  or  Ml 
of  tlie  suitors'  money  ? 

Lovibond.  I  paid  it  out  of  my  own 

L.  Harcourt.  I  detdre  he  may 
whether  Mr.  Pitt,  at  the  time  of  his 
transferred,  and  actually  delivered  over  to  Ua 
all  the  money  of  the  suitors  that  then  wai  a 
his  hands  ? 

Lovibond.  Mr.  Pitt»  to  tlie  best  of  my  bdicf, 
delivered  over  every  thing  that  was  in  his  bail 
tome. 

Serj.  Probyn.  My  k>rds,  we  desire  that  Mr. 
Cottingham  may  be  called  again. 

Mr.  Cottingham  called. 

Seij.  Probyn.  My  lords,  we  desire  tbit  Mr. 
Cottingham  may  be  asked,  whether  he  knowi 
any  thing  of  any  transaction  relating  to  the 
payment  of  any  sum  of  money  on  the  admiaioa 
of  Mr.  Holford? 

Cottingham,  My  lonls,  if  I  remember  right 
there  was  800/.  paid. 

Serj.  Probyn.  How  long,  ago ? 

Cottingham.  It  is  several  years  ago :  Tbm 
was  800/.  or  800  guineas  given  or  paid  oa  hit 
admission,  severalyears  ago. 

Serj.  Probyn.  Tx>  whom  ? 

Cottingham.  My  lords,  sir  Richard  Holford 
desired  mc  to  recommend  his  son  to  the  uobk 
lord  that  then  bad  the  great  seal. 

Serj.  Probyn.  Who  was  it? 

Cottingham.  The  lord  Harcourt.  SirRidwd 
Holford  was  my  old  friend  and  acquaintance 
1  accordingly  did  recommend  him  ;  Sir.  Hoi* 
ford  came  under  a  good  character  to  my  M 
Harcourt;  my  lord  agreed  to  admit  him;  but 
he  first  desired  to  know,  whether  he  had  aa/ 
estate  in  possession  sufficient  to  answer  tM 
suitors*  mone}'?  Upon  my  saying  this  to  sr 
Richard  Holford,  sir  Richard  said  he  had  none 
in  possession,  but  agreed  to  settle  an  estate  apoi 
his  son ;  and,  to  the  best  of  my  remembraacifT 
it  was  either  800/.  or  800  guineas  that  vcie 
given  on  bis  admission,  for  the  ose  of  my  loH 
Harcourt. 

L.  Lechmere.  To  whom  was  it  paid?       ^ 

Cottingham.  1  can't  say  whether  it  wufui 
to  me,  or  to  Mr.  Appleby, 

Dr.  Sayer.  Who  carried  the  proposal? 

Cottingham.  I  carried  the  proposal.  S| 
Richard  Holford,  as  I  told  you,  bang  my  fiw 
and  acouaintance,  desired  me  to  do  it  A^ 
cordingly  I  transacted  tb«  whole  matMr}  M| 
an  upper  NCictary  it  was  left  to  me. 


1153] 


far  High  Crimes  and  MUdemanort. 


A.  D.  1725. 


[1151 


Mr.  JLuiwyche,  My  lords,  1  desire  to  atk  this 
witness  one  question  as  to  this  matter:  lie 
says,  that  Mr.  Holford  was  recommended  as  a 
man  of  good  character ;  I  desire  to  know,  whe- 
Uier  he  hath  not  ever  since  maintained  that 
good  character  ? 

Cottingfiam,  Yes;  he  bath  made  an  ad- 
rairable  ^ood  Master  as  ever  I  knew  ;  and  hath 
executed  his  office  with  as  much  honour  and 
iQtegrit^as  any  Master.  1  never  heard  any 
coniniaint  against  him  in  my  lite. 

Mr.  Lutwjfche.  Can  you  recollect  who  paid 
the  money,  Mr.  HolfonI,  or  sir  Hd.  Holford  ? 

Cottingham.  8ir  Richard,  I  believe ;  I  can't 
recollect.  He  was  a  young  man  ;  I  presume 
sir  Richard  Holford,  his  father,  paid  the  money. 

Com.  Serf,  1  desire  he  may  inform  your  lord- 
•bips,  whether  it  was  on  a  death  or  surrender  ? 

Cottingham.  As  I  told  you  before  it  was  on 
a  surrender ;  upon  the  surrender  of  sir  Robert 
LeKsrd,  if  I  remember  right. 

L.  Harcourt.  My  lords,  if  that  witness  is 
not  gone,  and  thf  counsel  for  the  Earl,  and  the 
Manatfers  for  the  House  of  Commons  have  done 
with  him,  1  desire  to  ask  him,  if  he  can  tell 
whether  any  account  was  taken  of  the  suitors* 
money  by  his  predecessor?  and  whether  all 
the  suitors'  money  was  delivered  up  by  sir 
RobtTi  l..egard  to  Mr.  HoUbrd  at  the  time  of 
bis  admission  ? 

CutliHgham.  My  lords,  1  believe  it  was. 
But  I  Has  not  privy  to  that,  1  did  not  transact 
that  matter  ;  I  have  heard  that  an  account  was 
made  up. 

£.  of  Strafford.  1  would  not  ask  the  same 
question  twice ;  i  think  uubo<ly  hath  asked  it 
ftlready  ;  1  desire  to  know,  if  he  knows,  of  his 
own  knowledge,  what  was  given  to  sir  Robert 
Legard  for  his  surrender? 

Cottingham.  1  know  nothing  of  it. 

L.  Harcourt.  My  lords,  if  I  might  ha?e  your 
lordshi|is'  indulgence,  in  order  to  have^^this 
matter  a  little  farther  explained,  I  desire  Mr. 
Uolfonl  himself,  or  Mr.  Appleby,  or  both  of 
tbem,  may  be  called. 

Mr.  Holford  callnl. 

L.  Harcourt.  1  desire  to  know  of  Mr.  Hol- 
Ibrd)  whether,  at  the  time  of  his  admission, 
when  he  was  sworn  Master,  sir  Robert  Lcgard 
tr^csferred  and  delivered  over  to  him  ail  the 
effects  of  the  suitors  ? 

Holford.  He  did,  my  lords. 
Li.  Harcourt.  I  desire  to  ask  him,  whether 
the  money,  that  it  was  said  he  presented  to  the 
peat  seal  on  his  admission,  was  his  father's 
noney,  or  his  money,  or  whether  it  was  out  of 
the  suitors'  money  ? 

HMtrd,  My  father  paid  it  before  any  thing 
I  cfelifered  to  me. 
E.  of  Strafford,  I  desire  to  ask  the  gentleman 
lis  qusitiou,  what  money  he  paid  to  sir  Ro- 
\  his  admission  to  his  place  ? 
f  lords,  I  did  not  give  it  myself; 

f  lordships  what  1  believe  was 

n,  sad  1  have  lome  reasoo  to  think  I  kaow 
talk}  I Mife it WM 2,000/. 
fOL-XYI. 


this  ausitiou,  wh 
hrt  LMpard  on  b 
H^Sff^.  My  1 
1  can  tflll  your 


Serj.  Trchyn,  My  lords,  I  desire  he  may  Im 
asked,  HowloDg  it  i^as  after  his  admissit»u  be- 
fore these  acoompts  and  effects  were  deliveretl 
oferto  him? 

Holford.  My  lords,  when  1  came  to  my  lord 
Harcourt  to  be  sworn  in,  my  lord  Harcourt  had 
an  account  delivered  there  of  what  was  in  sir 
Robert  Legard's  hands.  My  lord  Harcourt 
took  the  |Niper  in  his  hand,  and  asked  me,  Iff 
was  satisfied  to  be  charged  with  that?  1  told 
him,  Yes.  I  was  then  sworn  in ;  and  a  day 
or  two  after,  the  things  were  delivered  over  to 
me  by  sir  Robert  Legard. 

Mr.  John  Bennet  called. 

Serj.  Probyn,  1  desire  he  may  be  asked, 
what  mone^  was  paid  by  him  to  the  great  seat 
OD  his  admission  ? 

J.  Bennet.  I  gave  Mr.  Woodford,  the  secre- 
tary of  the  great  seal  at  that  time,  500/.  1  don't 
know  that  it  was  given  to  the  great  seal ;  1 
gave  it  with  that  design. 

Serj.  Brobyn,  When  was  it  ? 

J.  Bennet,  About  two  or  three  days  before 
I  was  admitted. 

Serj.  Pro«y».   When? 

J.  Bennet.  It  was  in  March,  1716. 

Seri.  Frobyn.    Who  was  Chancellor  then* 

J.  bennet.  My  lord  Cowper  was  Chancellor. 

Seri.  Brokyn,  Whether  was  it  |iaid  before 
his  admission  ? 

J.  Bennet,  It  was  paid  before  m^  admission. 

Com.  Serj,  1  desire  he  would  inform  your 
lordships,  whether  he  came  in  upon  a  surrender 
or  a  deatli  ? 

J.  Bennet.  It  was  upon  a  surrender. 

L.  C.  J.  King.  Upon  thesurrenderof  whom  f 

J.  Bennet.  Of  Mr.  Medlicot. 

L.  Bathurst.  I  desire  he  may  be  asked  whe- 
ther he  paid  it  out  of  his  own  money. 

J.  Bennet,  It  was  iny  own  money. 

L.  Bathurst.  I  desire  he  may  be  asked,  whe- 
ther he  had  any  account  of  what  was  in  the 
former  Master's  hands,  and  when  delivered 
over  to  him. 

J.  Bennet.  The  effects  were  all  delivered 
over  to  me  in  a  week's  time,  except  some-  very 
small  matters. 

L.  Bathurst.  Wbatwas  tbemmieT  iLat  «i«s 
given  to  your  prcilecessur? — .*.  Bcuurt.  !;.(•>.<. 

L.  BaUiu rst .  W as  that  paiu  ou:  of  tbt  suitm 
money,  or  out  of  your  own  ? 

J.  Bctmet.  It  was  (laid  wA  ofiPT  vwx  nim^. 

Sir  Thomui  Gtrt/  cal&ef! 

Com.  Serj.  My  lords,  tbequaaim  tim;  t  .   b'l: 
profmse  to  kir  'I'h'Jiuaft  Hvy.  »  um»»r  ii^  li- 
prehensioii  iliat  1  laeninasn  telvr*   lua  ^kh^^ 
at  liberty  witbiu  tW  la  aniiy  a^  >■»'  n.   ■  i  ,;.. 
resolution  W  ym^nmt  A.  sr  wwv  ift'  >»-'*  "  - 
answrr,  or  not  to  answtr  f  i:^-  ui#— -.' »    •^r- 
any  iiupiuaum  uffui  mm.     J  v-iiu.<  »ri.  -:.. 
uuestifMi  Uua  js  jnpnqpe' :     «  •^^i."  ua.    - 
Thuriia»  0«r«-  wil'  iiin^ra  ^tnr  i.nua..:..    w^- 
he  kriowft  Ims  Iuks  mm,  ■  tm.  {T^^ai    v^   d.*;. 
the  adaaaMB.  mf  a  ^mmir  a  '.  t'OM-.-r- 

fkf  1.  6«-a.     5««  «r-»     -  ---r   ..    i:s.^-. 
4  1. 


1155] 


I»  GEORGE  L 


Trid  qftke  Earl  ^MaccksJUMf 


[1156 


my  own  knovrledge,  of  any  som  paid  to  tfao 
liandt  of  any  Lord  Chancellor  wbatioever. 

Serj.  Prwyn,  I  desire  he  may  answer  the 
question,  Whether  he  hath  known  any  sum  of 
money  paid  to  the  use  of  the  great  s^,  or  of 
my  liord  Keeper  or  Lord  Cbancelbr,  upon  the 
admission  of  any  Master? 

Sir  T.  Gery,  I  can't  tell  how  that  may  afiect 
me ;  I  refer  that  to  your  lordshipo.  I  think  1 
am  not  bound  to  answer. 

£.  of  Made. '  I  think  he  said,  be  doth  not 
know  of  any  money  paid  to  a  Lord  Chancellor. 
JDoth  he  intend  to  include  Lord  Keeper? 

Sir  T.  Gery,  Neither  Lord  Keeper  nor  Lord 
Chancellor. 

£.  of  Mace,  It  may  be,  not  into  tlie  hands 
of  a  Lord  Chancellor  or  Lord  Keeper.  I  desire 
he  may  be  asked,  if  be  hath  not  Known  it  paid 
to  the  use  of  the  Lord  Chancellor  or  Lord 
Keeper? 

Sir  T.  Gcry.  That,  I  hope,  I  shall  not  be 
oUigfed  to  answer.  I  submit  that  to  your  lord- 
ships. 

iSerj,  Prohjfn,  1  f  the  gpentlemanb  not  pleased 
to  give  a  more  particular  answer,  we  must  submit. 

L.  Harcourt.  I  desire  to  ask  this  witness  one 
question,  which  will  not  draw  him  into  any  in- 
convenience, whether  he  was  ever  required  in 
any  Lord-Chancellor's  or  Lord  Keeper's  time,  to 
make  up  an  account  of  the  suitors'  money ;  and 
whether  ever  he  did  so? 

Sir  T.  Gery,  Yes,  I  did  it  three  several  times ; 
once  in  my  lord  Cowper's  time ;  and  when^the 
Qoble  lord  that  asks  me  the  question  was  in  that 
place,  I  did  the  like ;  and  1  did  it  again  when 
my  lord  Cowper  was  Chancellor.  At  all  those 
times  I  gave  a  paiticular  account  of  the  sums 
of  money  in  my  hands,  the  time  it  came  in, 
and  how  it  was  disposed  of,  and  the  distinct 
securities,  in  distinct  columns. 

£.  of  Strafford.  He  says  twice  in  my  lord 
Cowper's  time :  I  take  it,  he  means  both  the 
times  that  ray  lord  Cowper  was  Chancellor? 

Sir  T  Gery.  Yes,  my  lords;  and  the  same  in 
my  lord  Harcourt's  time. 

L.  Harcourt.  I  desire  he  may  be  asked, 
whether  all  the  rest  of  the  Masters  did  so  as  well 
as  himself? 

Sir  Xl  Gery,  1  believe  they  did ;  1  have  heard 
them  all  declare  so. 

Serj.  Prohyn,  My  lords,  we  have  now  called 
all  the  living  witnesses  that  arc  willing  or  com- 
pellable to  speak  to  this  Article,  we  have  a 
great  many  other  witnesses  that  would  speak 
to  this,  as  a  constant  usage  time  out  of  mind  : 
but  we  apprehend  it  to  be  against  your  lordships' 
resolution  to  call  and  examine  any  witnesses 
but  to  what  they  can  speak  of  their  own  know- 
ledge, and  them  we  have  produced.  We  shall 
now  heg  leave  to  proceed  to  prove,  that  the  of- 
fices in  the  Court  of  Chancery  are  increased  iu 
their  value  beyond  what  they  were  formerly, 
that  not  only  these,  but  all  other  offices,  as  they 
.  have  increued  in  value,  have  increased  in  tbe 
price ;  all  offices  have  risen  in  value,  and  the 
price  given  in  this  instance,  is  no  more  than  in 
proportkn  to  tlie  prieea  given  for  othen. 


Com.  Serj.  Weapprehend,niy  lQrdi,it  isso 
notorious  that  all  sorU  of  offices  have  risen  in 
their  value,  that  a  very  small  evidence  will  be 
sufficient.  We  have  a  great  many  witnessesto 
this  purpose,  we  will  only  call  some  fiew.  Ws 
desire  Mr.  Steele  may  be  called. 

Mr.  SteeU  sworn. 

Seij.  Pengelly.  My  lords,  we  desiie  to  knov, 
before  they  proceed,  Whether  they  design  Is 
ask  as  to  those  offices  your  lordships  f^ave  thcB 
directMMi  last  night  not  to  ask  to.  Your  krd- 
sbips  gave  them  directions  not  to  ask  any  qo«* 
tions  bat  to  the  particukr  offices  mentioned  is 
the  Articles ;  this  is  a  piece  of  desderity  H 
elude  that  resolution. 

Mr.  Lutwyche,  My  lords,  I  submit  it  to 
your  lordships,  whether  this  attempt  is  notdi* 
rectly  the  sanne  as  that  which  was  over-ruJed 
yesterday.  If  the  witness  is  to  give  an  aceooil 
whether  the  price  of  the  cursitor's  offioe, « 
other  offices  have  risen,  they  roost  then  ibev 
that  they  were  sold ;  which  is  the  very  Qoa- 
tion  your  lordsliips  determined  they  should  stt 
ask  to. 

Serj.  Prohyn,  My  lords,  we  were  then  di- 
rected by  your  lordships  not  to  prove  any  mo- 
ney was  paid  to  the  great  seal  for  any  other 
offices,  but  those  particularly  mentioned  in  tbt 
Articles.  We  don't  pretend  now  to  ask  as  H 
the  payment  of  money  to  the  great  seal,  kit 
only  whether  offices  in  general  nave  not  mod 
advanced  in  their  prices? 

Serj.  Pengelly,  My  lords,  it  is  extraordioaiy 
usage  to  tell  us  of  otfoes  in  general :  there  are 
private  offices,  there  are  offices  in  other  Coorli 
m  Westminster -hall.  We  apprehend  your  lord- 
shi|>s'  determination  is  so  strong  agaiust  whatii 
now  attempted,  that  they  would  not  urge  itf 
unless  they  thought  that  the  Managers  bad 
forgot  every  thing  that  happened. 

Com.  Serj.  My  lords,  the  question  we  ssk  ii, 
as  to  employments  in  general,  offices  in  tlie 
law,  or  any  other  offices  ;  we  desire  to  iofons 
your  lordships  in  general,  that  the  value  of  all 
employments,  not  of  the  law  only,  hath  rises. 

£.  of  Macclesfield.  I  will  inform  your  lord* 
ships  how  the  matter  is.  1  believe  this  gentle- 
man is  not  intended  to  be  asked  what  offices  be* 
longing  to  the  great  seal  are  worth ;  but  what 
difference  there  is  in  the  value  of  other  officci, 
to  what  they  were  heretofore  ?  particolarlyt 
how  the  prices  of  the  seats  in  the  six  clerks  «• 
fioe  are  increased ;  that  they  were  once  at  ssch 
a  rate,  and  what  they  are  now  ?  That  is  tbe 
matter  as  I  take  it. 

Mr.  Lutwyche,  My  lords,  I  apprehend  the 
direction  was  given  to  the  noble  lord,  not  totd^ 
concerning  tbe  sale  of  any  office  but  what  wai 
in  the  Articles,  and  the  Managers  had  givm 
evidence  to.  Now  to  ask  the  difference  or  ii- 
orease  of  the  prices  of  a  clerk  in  Cbancoy^ 
place,  is,  we  apprehend,  to  ask  to  the  vsjf 
thing  that  your  lordships  have  ever-mled  al* 

^fifofJhTiicc^ld.  My  kmb,  this  mast  At 
tbe  cursitor's  omce,  which  is  in  the  T      "^ 


IJ57J 


Jhf  High  Crimes  and  Misdemeanort*  A*  D*  1725,  [H58 


of  the  irrrrtt  t^eal;  yotir  tort1$bi|)«*  HesulDlion 
w^hk,  timt  the  witrie««es  were  noi  lo  answer  M 
to  their  giving:  money  to  the  great  W!iil.  The 
cvnif-nce  we  ire  now  upou^  is  tu  enquiry  that 
reUted  not  to  ai»y  money  gif  en  to  the  great 
sen!,  but  what  those  pentoti«  putd  l4>  one  another 
Ibr  an  ofilice  that  dalh  ni»t  belong  to  the  great 

Mr.  Omhw.  At  the  end  of  yonr  lordships' 
resolution  yesterday,  the  reoson  giftu  why 
they  ought  not  to  be  let  into  the  eiamirmtio'n 
a»  to  the  of  tires  then  m  fjtieslion,  waa,  hecauae 
no  eridence  had  been  given  thereto  by  Iht-  Ma.- 
nagerap  and  it  was  nut  charged  nor  tnentioned 
in  the  Artidea,  ahhough  the  noble  lord  did  insist 
tliat  he  shonM  l*e  lei  into  that  examination, 
because  in  the  preAiiiblc  of  his  Answer,  he  had 
Ukai  notice  of  those  offices.  This  case  is 
ttmofttf  becanae  the  offices  now  desired  to  be 
«SBiiiiiied  into,  ar«  netlher  in  the  Arttcles  nof 
Assurer,  nor  bath  any  evidence  been  giren  to 
Ibein  ;  and  therefore  we  hope  lie  aball  not  be 
let  into  Ibis  examination. 

Com,  SerJ,  Wc  humbly  hope  your  lordshrps 
will  i*efrntt  us  to  enquire,  whether  the  bosi* 
liesa  of  those  ofBces  in  tlie  Court  of  Chancery 
it  not  greatly  increased,  and  whether  the  Tttae 
af  the  oilices  be  not  increased  with  it  ? 

fcierj,  Probyn,  Notwithstanding  yotir  lord* 
abipa'  direction  in  the  former  question,  we  sub- 
mit whether  w«  may  not  be  permitted  to  ask 
this  question,  whether  th«  ofhces  in  the  Court 
of  Chancery  are  not  increased  in  taiue  much 
beyond  what  they  were  seven  years  ago? 

8erj.  Pengcity,  My  lords,  that  is  the  very 
question  that  we  object  to. 

£.  of  Maccle$/ttd.  What  I  before  of- 
fered wss,  Uiat  there  bad  been  a  usage  to  make 
areaeots  to  the  great  seal ;  I  apprehend  your 
krdabip*  over- ruled  it  as  to  the  Cursitor's  of- 
fice, because  there  was  no  need  of  an  eicuse  as 
to  that  otKice,  as  there  is  no  mention  made  of  it 
m  the  Articles,  nor  any  proof  offered  against 
me.  This  h  not  of  any  pa^'tnent  to  the  great 
ieal»  but  goes  by  way  of  excuse  aa  to  the  sums, 
to  ihew  The  increase  or  difference  of  the  prices 
ll^ffoea  in  ij^eueml.  It  is  notorious  that  mo- 
^^HNr  carries  a  less  interest,  and  that  the  ]>rict 
HHIE&lfl^es  is  increajt  d.  I  don't  know  wbe- 
Iber  the  gentlemen  will  deny  it :  if  they  do  not, 
I  will  not  trouble  your  lordships  any  farther 
■bcmtit, 

Serj.  Ftngelfy.  We  have  no  oecation  either 

io  confess  or  deny  any  thing  that  is  not  before 

your  lordships  in   jitdgment.     Therefore,   if 

tbty  expect  any  answer,  we  gif  e  this,  that  it  is 

not  before  youi  lordnhipA  in  jiMlgment. 

V  Mr.  Lutayche,    It  t  the  reaaon  of 

Bfrur  lordBhipit'  re*folu  ^lay  was,  That 

Hbere  waa  no  charge  in  trie  i nicies  conaaniing 

Hm  oflioei  I  tbo  aoiiie  reaaou  equally  holds  to 

^Kiat  they  are  aafclng  now  in  relattoo  to  clerks 

m  Chanct-'ry. 

Mrr  IHummtr.  My  lords,  I  ihould  be  extreme 
•Orry  to  make  any  oliiection  to  any  evidence 
^lac  ia  malarial :  but,  if  he  it  pleas4»d  to  exa« 
foe  this  get^Uoum  how  far  by  the  JAoreaae  of 


business  the  value  of  any  office  is  rinen,  that 
inuit  be  of  the  atmual  le^^al  value^  and  not  ac- 
cording to  the  hbertieshe  left  to  his  Masters. 

8erj.  Probyn,  1  desire  he  may  be  aske^L 
whether  be  doth  not  know  that  the  pricet  of 
othces  are  greater  now  thau  tbey  were  for* 
merly  ? 

Serj.  Pengelly,  My  lords,  we  don't  under* 
stand  they  hare  any  such  pern) ii« ion  to  ask 
that  question.  To  repeat  the  same  thing  over 
and  over  again,  we  apprehend  they  think  we 
are  asleep. 

E.  of  Maccltifitld,  Your  lordships  seem  not 
to  be  of  opinion  that  ihiB  'juestion  should  be 
asked  ;  therefore  to  save  your  kirdsbips*  time,  I 
will  wave  the  quest ioa. 

Mr,  Gvtdtsbrough  sworn. 

Serj.  Prohfn.  We  will  proceed,  in  the  next 
place,  in  confirmation  of  that  part  of  the  Answer 
tn  this  Article,  that  two  sums  of  money,  men- 
tioned to  be  paid  to  my  lord  Mucclesneld  by 
Mr.  Kynaston  and  Mr.  Bennet,  were  both  paid 
back  into  the  Court  of  Chancery .  We  desire 
ftlr.  Goldesbrough  may  be  asked,  Whether  ho 
knows  of  the  two  sums  of  1,500  gtiioeas,  and 
1,500  guineas,  that  were  paid  by  my  lord  Mac- 
clesfield into  the  Court  of  Chancery. 

Lord  Leckmtre,  My  lords,  I  l)eg  pardon.  I 
think  the  qtiestion  that  the  noble  Earl  hath 
waved,  if  1  mistook  not,  was  about  the  rise  and 
increase  of  value  of  the  offices  in  Clianoery, 
Now,notwithstimding  the  noble  lord  hath  waved 
it,  yet  it  may  be  proper  for  your  lonl-ibips'  con- 
sideration, whether  he  xboiild  not  have  liberty 
to  ask  it,  if  he  thinks  fit  P 

E-  of  Strafford.  I  think  what  the  noble  lord 
hath  said  is  considerubte,  and  it  may  be  proper 
for  our  judgment. 

Lord  Viae.  Towntkend,  I  move  that  they  may 
withdraw. 

Lord  teehmert.  It  may  be  proper  to  havo 
the  question  repeated  again.  I  therefore  de- 
sire, that  the  counsel  for  the  Earl  would  repeat 
the  question  again  that  tbey  would  have  asked  of 
Mr.  Steele. 

Serj,  Probyn.  My  lords,  the  question  iir,  whe- 
ther the  price  of  oftices  in  the  Court  of  Chan^ 
eery,  and  in  the  Six  Clerks*  office  particularly^ 
are  increased  now  more  than  anciently  tbey . 
were? 

Thereupon  the  Managers  and  Counsel 
withdrew^  and  being  returned, 

L,  C.  J,  King,  Mr.  Serjeant  Probyn,  the 
Lords  have  coimidered  the  question  cm  which 
you  withdrew.  Their  lordships  ore  of  opinion 
that  you  are  at  liberty  to  o^k  the  qtiestroo, 
whether  the  price  of  otHoea  iti  the  Court  of 
Chancery,  and  in  theiiix  Cterks'  ofBce  particu- 
larly, l*e  increaied  Dow  more  than  heretoforo 
thev  weref 

StccU.  My  lords,  1  oameto  be  a  clerk  in  the 
Chancery  Office  in  the  year  168T.  I  served 
my  rlcrksbip  in  the  office ;  and  in  that  year 
aiMi  for  sevens  I  years  afterwards,  \  know  that 
wftitbg  clerka*  pfacea  wert  bought  at  50  guiueai 


I 
I 


1159J 


10  GEORGE  I. 


Trial  of  the  Earl  ofMacdesfiddf 


[1160 


or  less ;  and  aUer  1  was  out  of  my  clerk»hip,  I 
was  offered  a  waiting  cJerk's  place  in  the  omce 
for  50  guineas.    They  are  not  sworn,  nor  have 

(lower  to  take  a  clerk  ;  and  since  that  time  1 
lave  known  them  sold  for  3,  4,  and  500/.  My 
master  was  a  sworn  clerk,  and  he  sold  bis  owu 
clerk's  place  for  230/.  It  was  a  clerk  at  the 
seat ;  and  by  the  custom  of  the  ofBce,  he  that 
hath  one  clerk  cannot  take  another  till  the  first 
clerk  be  provided  for ;  but  I  having  a  proposal 
lo  go  into  a  seat  of  greater  business,  that  in- 
duced me  to  give  a  note  to  the  gentleman  that 
bought  the  seat,  that  1  would  not  be  an  incum- 
brance on  the  seat,  otherwise  he  would  not  have 
given  so  much.  Since  thattime  1  have  known 
a  sworn  clerk's  place  sold  for  800/.  Particularly 
I  transacted  a  sale  upon  a  brother-in-law's  ac- 
count ;  I  contracted  for  500/.  and  then  there 
was  a  clerk  uiMin  the  seat  that  had  not  served 
half  his  clerkship  out. 

Serj.  Probyn,  What  sum  of  monev  had 
they  upon  taking  a  clerk  at  that  time,  and  what 
now? 

Steele,  I  did  treat  in  order  lo  put  my 
brother-in-law  clerk  to  one  Mr.  Atkinson,  in 
the  otidce.  , 

Seij.  Frohjfn.  What  time  was  that? 

Steele.  To  the  best  of  my  remembrance  it 
fvas  in  1703,  or  1701,  and  he  had  100  guineas. 
JSiuce  that  time  my  brother-in-law,  while  he 
was  there,  had  300/.  or  300  guineas  with  a 
clerk. 

Com.  Serj.  I  desire  he  may  explain  to  your 
lordships  what  he  means  by  a  clerk  being  an  in- 
cumbrance to  a  seat  ? 

Steele,  By  the  custom  of  the  ofBce,  he  that 
is  put  a  clerk,  must  be  provide<l  for  before  his 
master  can  take  another.  The  master  so  tak- 
iner  him,  cannot  take  another  clerk,  till  he  is 
provided  for  by  a  sworn  clerk's  place,  or  a 
waiting  clerk's  place. 

Mr.  Lutwyche,  If  the  counsel  have  done,  I 
desire  to  ask  one  question ;  that  is,  the  gentle- 
man says,  he  came  into  the  office  in  the  year 
1687.  I  desire  to  know  how  many  clerks 
there  were  at  that  time  ? 

Steele.  There  were  at  that  time  but  60  sworn 
clerks ;  there  was  an  addilion  made,  to  the  best 
of  my  remembrance,  in  my  lord  Jetferys's 
time ;  sir  John  Trevor  was  tuen  Master  of  the 
Rolls,  I  think  there  was  an  addition  of  30. 

Mr.  Lutvyche.  1  desire  to  know  whetlier 
they  are  not  reduced  from  90  to  60  again. 

Steele,  They  are  not  at  present  yet  re- 
duced. 

Mr.  Lutwychc,  Whether  they  are  not  in- 
tended to  be  reduced  ? 

SUele.  ]f  any  one  cfies  without  surrendering 
his  otTice,  they  don't  fill  up  the  place  of  that 
person  with  another ;  but  any  one  may  sur* 
render. 

Mr.  Lutwyche.  How  many  are  there  now  ? 

Steele,  1  have  been  toU  there  are  about  12 
or  13  less  than  90:  they  are  to  be  reduced 
from  GO  till  they  ooDe  to  the  ancient  number 
of  60;  and  they  are  db^ «oed  M  tbey  die  with- 


Mr.  Lutwyche.  We  don't  expect  toq  to  give 
an  exact  account ;  how  many  may  there  be? 

Steele.  1  can't  take  apoo  me  to  say  how 
many ;  but  as  I  have  been  informed,  1  believe 
there  are  about  16  or  17  above  the  60  remain- 
ing :  I  may  be  mistaken,  I  am  not  certain ;  but 
there  are  several  gentlemen  here  who  can  giT« 
an  exact  account. 

Mr.  Lutwyche.  I  desire  to  know  whether  tbt 
offices  are  not  a  great  deal  better,  by  that 
being  fewer  of  them  'r 

Steele,  Certainly,  f  believe  that  is  pretty  m- 
tural ;  the  fewer  the  offices  are  the  better ;  bit 
the  offices  are  not  so  good  as  they  were  wba 
1  came  clerk.  They  have  reduced  several 
profits  belonging  to  Uiem  since  I  came  out  d 
the  office,  by  the  act  of  parliament  made  for  the 
amendment  of  the  law. 

Mr.  Lutwyche.  You  say  the^  are  sold  Ar 
more  than  formerly  they  sold  tor ;  1  desire  H 
know  whether  some  ot  those  clerks,  wbost 
predecessors  have  had  good  business  beloof^- 
mg  to  the  office,  have  not  made  that  seat  idl 
better  ? 

Steele.  Certainly  it  doth  ;  if  the  person  far- 
rendering  had  good  business,  that  seal  will  tefl 
for  more  than  a  seat  of  less  business. 

Com.  Serj.  1  desire  that  he  will.inibnn  your 
lordships,  when  it  was  in  pointof  time  thattoeK 
offices  sold  at  so  low  a  rate  ? 

Steele,  it  was  in  the  year  1694  tbatthera- 
tleman  to  whom  1  was  clerk  aurrendeied  bii 
seat. 

Com.  Serf.   And  when  was  it  you  knew  50 
guineas  paid  for  the  place  of  a  waiting  clerk  ? 
Steele.  The  50  guineas  I  speak  of  for  a  wait- 
ing clerk's  place,  was  in  the  year   1687,  or 
thereabouts. 

Com.  Serj.  Whether  was  that  before  theia- 
crease  of  the  additional  number  of  clerks  ? 

Steele.  Much  about  the  time  that  the  addi- 
tional number  of  clerks  was  added. 

Com.  Serj.  I  desire  he  would  inform  joor 
lordships,  whether  the  prices  began  to  rise  be- 
fore any  reduction  was  made  ? 

Steele,  Ves ;  before  the  reducing  of  them. 
Scrj.Frobyn.    When  was  the  reduction  of 
them  made  ? 

Steele.  1  can't  tell  the  exact  time.  There 
was  an  order  made,  that  they  should  not  be 
filled  up  as  they  died,  without  surrender. 

Serj.  Probyn.  1  desire  he  may  be  ari^ed, 
whether  there  was  not  a  difierence  of  price  be- 
tween those  seats  which  were  full  or  empty  of 
business,  or  whether  they  were  all  at  a  par? 

Steele.  The  price  always  varied,  as  there  mm 
much  or  little  business. 

Serj.  Probyn,    But    every    seat,    wbetfaff 
great  or  less,  had  a  rise  in  proportion  ? 
Steele.  Yes. 

Mr.  Carv.  1  desire  he  may  be  asked,  whe- 
ther there  hath  not  been  an  act  of  parliamcil 
since  the  time  he  mentions,  which  bath  beta 
beneficial  to  the  60  clerks  ? 

Steele.    There  was  an  act  of  parliaiMirfff 
called,  An  Act  for  the  Amendment  of  the  1^1 
by  whiob  the  60  derka  bad  the  tern  Am  i» 
9 


H6I] 


for  High  Critnes  and  Misdemeanors. 


A.  D.  1725. 


[1169 


Stead  of  the  Icnour  bill,  wbicb  was  a  consider- 
able profit ;  aniJ  lo  make  u[i  ihnt  tn  them,  tUe 
lees  of  the  smiill  ivnts  were  given  lo  them, 
und  the  term  Tees ;  but  in  my  apprehension, 
tbetenour  bUl  was  a  greater  advantage  than 

ose  Tees  that  have  been  given  in  lieu  of  it. 

"um,  SerJ,  That  worthy  gen  lie  man  *fi  ques- 
I  halh  oecasioned  ine  lo  ilesire,  that  he  would 

Iform  your  h^rd^liipB,  wht;thet-f  upon  the  whole 

f  Ihe  act,  the  Six  CJerks'  oflicesi  are  better  or 

Steele ,  In  my  opinion^  they  were  better  be< 
}  the  act,  than  they  are  now. 
erj.  Prgh^n*    My  lonis,  we  hate  morewit- 

se^  to  tliis  purpose ;  but  we  apprehend 
it  Mr.  Steele  baili  spoken  so  fully  to  it,  that 
I'e  shall  not  trouble  your  lardEbips  with  any 
others,  as  lo  ibis  matter.  The  next  witness 
which  we  shall  beg  leave  to  call,  is  in  relation 
id  the  two  fiums  of  1^575^  that  were  paid 
iuio  the  Court  of  Chnncery  by  the  noble 
earl,  ibr  vvbich  we  did  call  Mr.  Goldesbrough. 

Dr.  Satftr.  liefore  your  lur dsbips  enter  into 
an  exam iwai ion  of  thiti  fact,  I  wtll  only  be^ 
leare  to  take  uiniue  a«  to  the  time  of  this  re 
payment:  the  learned  Managers  were  right  in 
their  observations,  that  it  was  after  the  vote  for 
the  Impeachment ;  but  it  was  befure  the  Ar< 
tides  were  exhibited.  Tbi&  is  inisitaken  in  the 
Answer;  but  I  am  sure  the  honourable  House 
of  Commons  will  be  sn  cumlid  as  tu  think  it 
was  a  mistake  only,  and  tlint  it  is  impossible  it 
could  be  with  noy  view  of  deceiving  the  world  ^ 
since  both  facts  were  upon  record ;  the  Earl 
was  so  very  impatient  to  have  his  Auawer  iu, 
that  no  delay  might  be  charged  upon  him,  that 
'  I  assure  ynur  lordships  the  Answer  was  not 
a^tled  till  3  or  i  o'clock  in  the  morniog-  of  that 
day  that  it  was  delivered  in.  In  aurh  a  burry 
a  mistake  of  this  nature,  1  hope  will  not  be 
taken  amiss,  nor  hv  luoked  upon  by  the  If  uuse 
as  designed.  My  lords,  I  thought  it  my  duty 
to  observe  this,  before  your  lordships  entered 
into  this  examination* 

Mr,  Qotdeibrough  called. 

\Com,  Serj.    There  are  two  sums  of  money 
en  notice  of  to  be  given  by   I^lr.  Kyoasion 
1  Mr,  Bennet  to  my  Inrd  Macclesfield^  I  de- 
i  you  would  itiform  my  lord^t^  whether  those 
wo  sums  were  paid  back  again,  and  when,  and 
in  what  manner  ? 

Cotdcibroygh.  My  lords,  the  23d  of  Febru- 
ary last  my  lord  Macclesfield  came  into  Court, 
and  def>osi'te*l  in  Bank  notes  and  money  lo  the 
f  ftUie  of  3,000  guineas.  The  lonis  commis- 
sioners were  pleased  to  direct  the  investing  it 
in  Soitth  Si_a  annuities,  in  the  names  of  Mr. 
llohurd  and  Mr.  Lovibond,  tht*  two  senior 
masters  of  the  Court,  tor  the  benefit  of  the 
saitorsof  the  Court. 

Ccwk  Scjj,  I  think,  my  lords,  we  need  not 
aak  wbetlicr  Mr.  Goldesbrough  be  the  proper 
officer  ? 

Lptdi,  No,  no. 

Cmfu  Serj.  1  wontd  with  submission  ask 
yiiotber    question  of   Mr.    Goldesbrough  ;    I 


would  beg  leave  to  inform  your  lordships  what 
the  queHiian  is.     There  hath  been  an  examina-* 
tion  on  the  p;trt  of  tbe  gentlemen  of  the  Hous« 
of  Commons  into  the  nature  of  these  oHice^^f^ 
and  I  hope  it  wilt  not  be  improper,  Mr.  Guides**^ 
brough  being  now  at  your  lordships'  bur,  to  aslsr 
him  as  to  the  manner  of  the  money  coming^ 
into  the  Masters^  hands,  whether  it  be  bv  com- 
pulsion, or  at  the  instance  of  the  parties  V 

Serj.  Pengeliy,  This  must  appear  by  the  , 
order.     No  money  is  paid  in  but  bv  oi^er. 

Com,  Serj.   The  orders  are  infmiie ;  but  Mr. 
Goldesbrough  being  tbe  Kegi^ter,  may  be  pro« 
perly  asked,  what  the  practice  and  usage  of  the 
Court  is  in  this  instance?  It  is  usual  to  ask  the 
officers  of  the  Court,  what  the  practice  and^ 
usage  of  the  Court  h.     If  we  should  producaij 
20  orders,  they  might  object  that  others  are  notM 
so:    and  therefore  I  beg  Mr.  Goldesbrough,^ 
tbe  proper  officer,  may  inform  ^our  lordshijrs 
what  the  practice  of  the  Court  is? 

Ootdesbrougfu    Upon  decrees,  when  cause 
are  heard,  the  counsel  pray  what  decree  i, 
proper ;  where  estates  are  to  be  sidd,  I  hey  order-^ 
the  money  to  be  brought  before  the  Master.       1 

Mr.  Lutw^chc,    ]VIy  lords,  1  desire  to  aaki 
one  question  ;  Mr,  Goldesbrough  is  a  very  ex- 
perienced officer  of  the  Court,  hath  been  a  goodJ 
while  in  the  place,  and  probably  may  give  your  [ 
lordithips  some   light  mto  this  matter.     The 
question  I  would  ask  is,  When  he  tirst  1 
the  office,  whether  it  was  usual  U>  direct  th^l 
money  to  the  Masters  in  the  manner  it  hath  idi 
lat«  lieen  directed  ? 

Goidtuhrovgh,   1  canH  say  tt  was. 

Mr,  Lutmifct^,  The  next  qitestion  is,  When 
the  present  Usher  of  the  Ilolb  had  given  secu- 
rity, whetlier  there  were  not  sotne  orders  made 
bv  the  late  Lord  Chancellor,  a^  well  as  by  the 
Utaslcrc  of  the  Rolls, for  payment  of  money  to, 
the  Ushfr  of  the  Rolls;  that  is,  into  Court  r 

Goldesbrough.    Ves,  there  was. 

Mr.  Luiuyche.  i  ilesire  him  to  explain  the 
diflerence  ,>  bs'tween  piiying  the  money  into 
Court,  and  paying  (he  money  to  a  Master, 
What  is  understood  by  paying  it  into  Court  ? 

Goldeibroti^h,  Paying  it  into  Court,  is  pay« 
ing  it  lo  the  Usher. 

Mr.  Luiwychc.    I  desire  to  know,  whether  I 
there  were  not  some  orders  made,  after  Mr^Jj 
Trevor,  the  present  Usher,  had  given  security, 
for  payment  of  money  to  him  ? 

Goldeibrough,  Yes,  tht^re  were. 

Mr.  Lutwjfche.    1  desire  to  know,  how  i 
after  those  orders  were  varied  ? 

Golde$brough,    I  canH  remember  when  1 
orders  were  varied ;   as  to  those  made  befort 
hearing,  and  for  continuance  of  an  injunctioii,i| 
J  don't  know  they  are  altered  yet.  ' 

Mr.  Lutztyche.    What  I  ask  is,  Whether  he 
bad  any  directions   touching  the  varying  of 
orders  tor  the  payment  of  munev  -,  any  dire 
tion,  I  mean,  from  my  lord  Macclesfield  to  ra 
the  order  ? 

Goldesbrough,  Money  paid  before  hearing|l 
was  paid  inio  Court;  money  ^»aid  u^tv  vVsi; 
decrcci  w  aa  htoia^Vt  W^i^  V\\^  maa^Kt  *    W*^ 


1163] 


10  GEORGE  I. 


Trial  of  the  Enrl  ofMaccU^Mt 


I" 


DO  »lirecti<m  from  my  lor*!  Macclesfield  to  ?iiry 
the  order. 

Mr.  Lutn^yche,    Witt  IbOTc  any  varirition  or 
^  ditference  in  drnwing  up  the  «rder»  for  some 
I  firae  atter  the  Uslit^r  gave  securily,  from  wbat 
It  wai  some  time  betoreP 

Ooldcibrough.    Upon   Intertocatory  motions, 
^  tKe  money  ^vns  broof^ht  before  the  lisher,  aud 
■o  it  hath  been  ever  since. 

Mr.  Lutmt^che,  Was  it  always  so? 
Goldeshrougfh  It  hath  been  so  ef er  since. 
Mr  Lulwycke,  Ever  since  %» hat  time  ? 
GotdeibrougL   Erer  since  the  time  that  Mr. 
[Trevor  pi?e  security, 

I  Mr,  Luiwyche,  What  I  woold  know  is, 
Wbelher  the  orders  and  dire(;tiODS  at  first  were 
I  not  in  general,  to  paj  the  ^hole  money  into 
ICourtf — Goldtsbrough.  No»  my  lords. 
Mr.  Lutwyche.  How  was  it  P 
Gotdrsbrough.  Ou  all  orders  interlocutory 
I  before  bearin;^,  it  waM  paid  in  to  the  Usher :  oq 
I  alt  orders  for  moneys  subsequent  to  the  hearing, 
lit  ua;*  brotitfht  b^lnre  the  Master. 
I  E.  of  Mace,  This  quest  ion  hath  been  asked 
rMr.  Gotdesbrougby  with  relet  I  on  to  the  paying^ 
rot*  money  into  Court,  and  bmnij  brought  before 
[a  Master,  1  desire  he  wou!d  inform  your  lord- 
[ibi}>s  what  the  difference  between  them  is? 
Goldesbrough.  Muney  brought  into  Court, 
[  money  brought  in  belbrc  hearing,  and  is 
I  ■iihject  txi  the  order  of  the  Court,  to  be  paid  out 
I  cither  before  the  bearin£(  or  alier,  as  the  nature 
Mlf  the  ca^e  requires.  Money  brought  in  after 
Ikearinu;,  is  money  to  he  put  out  on  security, 
ad  is  bruutfht  before  the  Mooter. 
EvofMocr.  Whether,  when  money  is  or- 
ed  ill  tw*  hrtnight  in  tn  be  dtsposed'  of,  as 
^  on  a  purchase,  or  upon  a  decree,  to  pay  debts, 
lice.  The  course  of  the  Court  in  all  hi*  liiue 
ath  b^n  to  bring  it  into  Court,  or  before  a 
[Uasler  ? 

Goldesbrough,  I  can^t  say  it  bath  been  so  in 
all  my  tmie  ;  Since  the  Revolution  it  bath  ticen 
l^nerally  brought  in  before  the  Master,  before 
it  was  brought  into  Court. 

E.  of  Mace,     Have  the  orders  made  by  me, 

since  the  Usher  gave  security,  been  made  in 

the  same  manner  as  those  by  my  predecessors? 

Goktabrough,  Yes,  they' have  been  the  ^^ty 

■iilie. 

E.  of  Mace,  1  desire  to  know,  when  first 
I  the  money  paid  into  the  hands  of  the  Usher 
tweot  into  another  course,  that  is,  upon  the 
*TJsher*s  death,  or  not  giving  security  ;  and 
rhat  method  was  taken  then  ? 
Qolduhrough,  1  believe,  after  the  Revolu- 
OD,  there  was  looked  upon  to  be  a  defect  in 
be  security  of  the  Usher,  and  it  was  upon  that 
i^Dsideration  that  the  money  was  ordered  be- 
bre  the  Master. 

E.  of  Mace,  And  afterwards,  was  there  nirt 
an  alteration  made  of  all  the  money  that  used 
to  b^^paid  to  the  Usher  ?  Was  it  not  ordered  to 
be  brought  before  the  junior  Masters? 

Goldesbroitghr  In  my  lord  Cow|ier*s  time, 
irbcn  there  was  a  difference  between  the  Usher 
Mod  his  depatj^  my  lord  Cowper,  upou  v^%\^ 


did  order  the  money  to  he  broofflkt,  I™ ^^ 

in  the  twojuuior  Master**  haodt.    7V]f  wm 
each  to  keep  a  key,  :ind  the  UslMe  taotlMr; 
When  any  mooey  was  paid,  it  w«s  paid  < 
the  che&t,  kept  under  tboce  keys  ;    and  { 
money  that  was  paid  in  waa  paid'iti  there. 

E,  uf  Mace,    Was  not  the  mouey  ttial  4 
to  be  paid  into  llie  Ustber^a  hands,  dir 
to  the  junior  Masters'  hands  ? 

Goldetbrough,  It  was  so. 

E.  o^  Mace,    As  to  ilie  mooev  appoia 
be  disposed  of,  for  [payment  c€  aebft,  or  i 
wise,  IJow  w»s  that  paid  ?     Was  thai  p«l| 
the  chest,  or  into  the  bands  of  the  r^p 
Masters  to  whom  it  was  referred  ? 

GMetbrougk,    I  thit)k  it  waa  put 
chest ;  there  was  then  no  differ eoce  at  aH ! 

E.  of  Mace,  Had  do  other  Masten  ftietl 
mooey  brought  before  them  ?    waa  all  I 
before  the  junior  Masters  ? 

Goldesbrough,  The  general  ortler  itai,  Ibr Al 
tnoney  to  be  brought  before  the  jitfiior  MattSS^  j 
to  be  kept  in  a  chest  there. 

E.  of  Mace*  Mr.  GoJdesbrougli  mi%taki«1ls 
question.  I  don't  ask  how  the  money  ta 
usually  brought ;  but  had  no  other  llfiM  | 
money  brought  before  hina  iii  my  lord  < 
p€r*s  time  ? 

Goldesbrough*  Yes,  my  lords. 

E*  of  Mace.    What  dooey  was  that  ? 
what  occasion? 

Goldfibrough.   The  bringing  the 
the  two  junior  Masters  was  found  to  beiiw 
venieut;    whereupon,  nP-*^'^       t  wm 
and  the  money  was  brow  ,_*  fh4 

to  whom  rhe  reference  v*... ,.,  v,-tiit* 

E.of  Afacc.  Whether  the  money  that] 
paid  in  to  the  two  junior  Masfera,  wis 
such  money  an  was  before  ordered  to  be  ( 
into  Court? — Goldeshrmtgh,  Yes, 

£.  of  Maec,    I  deittre  you   would  reCATlK^ 
whether  you  were  not  prcMMit  at  a  mcetiafif 
the  Master  of  the  Rolls,  and  Usher,  and  oihtni 
whether  this  wa^  not  under  consideniiion,  »to  < 
money  shouUl  be  paid   into  court,   and 
should  be  brought  before  the  Master  ? 

Goldesbrough,  Yes. 

E.  of  Mate,    Whether  yoa  *rer«  not  ( 
asked.   Whether  tnoney  directed  af^rr  ai 
is  beard,  to  be  disjiosed  of,  wis  not  brougbll 
fore  a  Master  ? 

GolJckbrough,   Yea,  I  was  asked  that  ^ 
tion. 

E.  of  Maec.  W*hat  accouot  ditf  you  gili 
the  course  of  the  Court  in  thai  particular? 

Goidesbrough,    I  gave  the  same  as  aow,  i 
the  latter  practice  had  been  to  bring  tt 
the  Master,  to  whom  the  cause  was  i 

E.  of  Mace.    Do  yoo  remecober,  , 
the  Usher  was  not  asked.  Whether  be  I 
precedents  of  monev  paid  into  1 1  is  ha 
distributed  among<$t  legatees,  on 
what  the  answer  was  ? 

Goldcibrough,  lie  said  he  had  none, 

E.  of  Afocc.   00  you  apprehend  th^4 
of  the  Court  to  be,  that  money  brouffht  li  1 
i^x^  Htaxv^^  is  to  be  paid  ia  to  iba  wkV)  i 


1103] 


JuY  High  Crimes  and  Mhdemtamrs* 


money  ftfter  hem  i tig  to  be  brougbt  id  before 
Ibc  Maii€T  ' — Goidsbrou^k,  Yes,  1  do. 
lE.  oi  y.    I  desire  be  would  itiform 

nir  li'  sUiki  the  security  m,  uud  bow 

Hcb,  that !»  ^nveu  by  tbe  Usbrr ;  and  wbe« 
rr  it  ia  tlie  ^ame  rmvr,  ax  Jt  was  before  tiiy 

I  Cowj)er  made  thai  alteration  ? 
^Ooldcihrougk.    I  cauH  iMiy  aoy  thing  as  to 
^t,  I  kauw  nothing  of  it,  il  doth  not  he  in 

>rj<,  Frohyn,  Your  lordMhipf  will  pleaae  to 

ember,  ill  thecatieof  3Vlr.  LIde,  though  he 

^d  5*250/.  oil  the  mt»ney  was  returned  ex(?epl 

50/.  So  IheBameas  to  ftlr/fhurston '8  5,250/* 

II  all  was  returned  iu  a  reosonablc  time  ex- 

^t  UfOOOL  so  thai  to  tlvese  facts,  we  shall  not 

isble  your    lord»hi|>9   with  any   witnesaci. 

L  now  we  shall  beg  leave  to  lay  before  your 

llshtpa  another  evidence,  that    when    Mr. 

aratijn  was  admitted  into  ttils  office  upon  the 

rmeiit  (^f  5,000  guineas^  another  gentleman 

6,000/.   JVIr.    CotUngham   nroved   the 

aa  to  Mr.  Eld«,     This  we  Jo  to  shew, 

fct  his  brd^hip  was  not  tliat  avaricious  person 

\  he  hath  been  represented  ;  he  refused  6,000/. 

took  teas  fr(Kn  auother^     We  dtfsire  Mr. 

Ills  may  be  called. 

Mr.  ElliM  sworn. 

rSeij.  Profcy It.  We  desire  Mr  Ellis  may  be 
akcd,  Whiil  he  knowi  of  any  sum  of  money 
kliMt  w%%  oflVrtfd  tor  (he  Masterihjp  ia  Chan- 
i^>ery  to  wUich  Mr*  Thurston  was  admitted,  and 
ph»t  that  sum  was  ? 

LJC//a.    Upon  the  dei^lh  of  Mr.  Borret,  Mr. 

lehrird  Lucas  came  to  me  at  my  lord  Mac- 

'  atield'a  and  told  me,  that  his  brother  desired 

\  have  the  place  of  a  Master  in  Chancery, 

I  vaeatit:  And  he  said,  that  as  I  was  in  my 

Mac  clcxti(*hrs  family,  t  might  be  of  ser- 

'  (o  him,  ill  convey iiig  Mr.  Lucas's  propo- 

i  |4i  m>  lord.     He  then  told  me,  what  1  was 

fofTipr  my  lord  ^laccie^treld  lav  that  place  ;  he 

lid  he  wis  so  sensible  of  my  bird  Macclesfield's 

piinur  and  generrmity,  that  he  would  leave  it 

tirely  1^  )ii»  lordnhip,  what  he  would  have  in 

Utiideratloii  of  bin  corning  in.     But  if  my 

fii  Micclesficld  did  not  approve  of  apropoiiiil 

undetermined  as  that  was,   I  was  t^i  offer 

[)/.  or  6,000  gtiineaa ;  f  don't  remember 

bicb   of  thotie  two  ^um*^,  hut  one  of  them  I 

I  certain  it  waH.      I  did  oflcr  il  to  my  lord, 

^O  told  me  ^Ir.  Luca9  had  been  well  recom- 

to  him,  and  he  wa»  »atistied  with  bis 

M  ehararter,  and  with  this  ufler.     My 

l«c<:lr  '    '  '  --''^  no  more;   and  I  coii/d 

|irt»i   h  ,r  U>  explain  himself  arty 

t  ii...,,i  ..  xliitanswcr  to  Mr.  TiUcaH, 

noilvnig  fan  her  ok'  thai  matfcTf  till 

Macc'let»(iv^ld  liad  declared  that  Mr. 

inttm  should  have  it, 

^Cmn^  Sr  ri.    1 1  levi  r  f  1  j  i '  ri  ui  v  U-  a«ked ,  W  he  - 

iuf  tii  1  la  htm,  WIS 

tlai.  -  ■:  ■    , 
UJu,  Mt.  Kjcbitrd  Lih^a  wus  my  acqun 
•  ;   whnt  b«  de^iml  me  to  do  ihis,   1  i 
t%  iras  ml  proper  for  mo  ta  sf  ply  abyut 


mzitters  of  such  nature ;  but  in  friendship  to 
bim.  1  would  B{>eak  to  my  lord  about  il. 

Mr.  PlufmKr.  [  don't  kmiw  whether  the 
cownsei  have  done ;  if  they  have,  1  desii^  to 
ask   I'/  ss,  what  Mr.  Richard  Luctis  is 

hint  u.  He  i«  a  clergyman. 

Mr.  iiimuncr,  1  desire  to  ask  him,  if  Mr. 
Htchard  Lucas  did  not,  at  the  same  lime  tlial 
he  proiKvued  the  6,000/.  lay  some  restriction 
or  conojtion  upon  which  he  was  to  pay  it. 
Had  not  vou  such  instructions? 

Eliit,  No,  I  dou*t  remember  he  did  any. 

Mr.  Plumnten  Then  I  desire  to  ask  you,  if 
he  did  not  my,  provided  Mr.  Borret's  deficiea* 
cy  was  made  good  f 

EUit*  He  mentioned  no  such  condition  lo 
me  ;  he  did  speak  of  Mr.  Horret's  deficiency  ; 
I  told  him  I  had  heard  there  would  be  no  defi- 
ciency there.  Upon  which  he  saiJ,  He  had 
been  assured  there  would  be  nooti  by  a  getiilt* 
man  known  to  us  both ;  but  bowevc'r  ihat  be, 
says  be,  my  brotlier  is  willing  to  enter  into  a 
treaty  with  my  lord  Macclesheld  upon  tlio$« 
terms. 

Serj.  Probyn,  My  lords,  we  shall  trouble 
your  lordships  no  farther  upon  these  Arliclei 
we  have  been  upon,  the  other  gentlemen  will 
answer  what  is  to  follow* 

Mr.  Robins.  May  it  please  your  lordahips, 
!  am  likewise  by  your  lordships*  permission 
assigned  of  counsel  with  the  noble  Ear),  who 
has  the  mislbrtuue  to  lie  under  the  weight  of  so 
heavy  a  charge,  as  an  Impeachment  by  the 
whole  body  of  the  Commons  of  Great  Mriiain  ; 
and  shall  beg  leave  to  (»pen  lo  your  brdsiiips 
the  nature  ot  his  defence,  and  ihe  strength  of 
his  evidence,  with  re^anl  to  tbe  Eleveoln  and 
Twelfth  Articles  of  tbrs  Impeachment. 

1  am  sensilde,  my  toril?$,  that  the  solemnity 
of  this  prosecution,  from  the  weight  and  num* 
her  of  those  who  are  become  the  accusers  of 
ihts  noble  Earl,  and  the  awful  appearance  and 
wiadom  of  those  who  ure  to  be  bus  judges,  and 
the  name  of  an  impeachment  iu  parliament, 
may  seem  to  carry  an  argument  of  greater 
crimes  and  greater  guilt,  titan  are  to  be  met 
with  in  the  ordinary  courts  of  justice  below. 

But,  my  lords,  with  the  greatest  submission, 
if  Ihe  solemnity  of  tbe  proceedings  on  this  oc- 
CBsion  bast  not  altereil  the  uuture  of  things,  and 
impririteil  a  guilt  where  there  is  no  guile,  we 
humbly  hope  we  shall  be  able  to  lay  before 
your  lordships  ^ome  few  obtervatiou^  and  cir  • 
cum»ianees  of  evideor**,  that  will,  at  least,  «3D" 
teouale,  if  not  wholly  abate  and  take  out,  tbe 
sling  and  malignity  ot  the  several  critnee  wliere- 
ol  iiuH  n'lble  Earl  stands  accused. 

Your  lordships,  without  question,  wilt  have 
long  since  observed,  that  the  lossea  and  sufler- 
ings  of  widows,  of  orphans,  and  others,  who* 
fn*m  tlie  distress  and  iranotcncc  of  their  coo* 
dilion  lo  help  or  defend  themselves,  have  0ed 
to  the  Court  of  Chancery,  when  this  noble  Earl 
uled  there,  for  sanctuary  and  protectioo  ; 

.  these  hare  been  jutftly  made  oat  of  as  tha 
I  greatest  aggra?ations  of  liM  crimes  wherewith 


I 
I 


1167] 


10  GEORGE  I. 


Trial  of  the  Earl  of  MaccUxfield^ 


he  is  cliar^,  and  they  have  been  displayed 
with  the  utmost  force  of  eloqaence,  and  in  the 
most  moving  straius  of  commiseration  and  pity. 

And  I  believe,  my  lords,  every  one  that 
heard  them  have  shared  and  gone  along  with 
the  honourable  Managers  for  the  House  of 
Commons,  in  the  concern  and  indignation  they 
have  so  justly  shewn  towards  those  who  have 
been  the  authors  and  contrivers  of  them. 

These,  my  lords,  are  subjects  wherein  the 
richest  fancy  may  almost  lose  itself,  and  the 
)M)ore8t  can  never  be  at  a  loss  for  something  to 
offer  to  move  and  afiect  the  passions  of  man- 
kind. 

And  the  learned  Managers  for  the  honour- 
able House  of  Commons,  nave  adorned  and  set 
off  their  Charge  against  the  noble  Earl  on  this 
head,  with  so  many  beauties  of  expression,  and 
so  great  a  pro|iriety  and  choice  of  language,  to 
engage  and  win  over  all  the  passions  of  human 
nature  to  their  side,  that  it  will  be  difficult,  if 
not  impossible  for  us,  who  may  seem  to  have 
nndertaken  an  argument  leading  to  disprove 
and  reason  against  the  force  and  truth  of  all 
these,  to  hope  for  success,  but  by  shewing  to 
your  lordships,  that  the  noble  Earl  entirely 
joins  with  the  learned  Managers  in  their  just 
resentment  and  concern  on  this  occasion,  that 
he  is  deeply  affected  with  the  losses,  the  de- 
predations and  the  havock,  which  has  been 
made  of  the  fortunes  of  the  unhappy  suitors  of 
the  Court  of  Chancery. 

That  be  has  long  been  endeavouring  to  put  a 
stop  to  them ;  that  at  one  time  he  has  con- 
tributed his  reason,  his  judgment,  and  hie  un^ 
derstanding,  to  find  out  effectual  methods  for 
the  cure  of  them  ;  at  other  times  has  made  use 
of  his  power,  his  authority,  and  that  majesty 
wherewith,  as  Lord  Chancellor,  he  seems  to  lie 
invested,  to  enforce  and  hasten  the  completing 
of  them. 

That  he  has  convened  the  Masters,  the  Re- 
gisters, and  the  several  officers  belonging  to  his 
Court,  to  consult,  advise  and  assist,  in  tinding 
out  means  to  stop  the  growing  evil ;  that  he 
has  assisted  with  his  purse,  has  advaucetl  con- 
siderable sums  of  money  of  his  own,  and  when 
nothing.would  do,  when  the  mischief  appeared 
too  big  for  his  single  endeavours  to  oppose, 
that  he  then  at  last  presumed  humbly  to  lay 
the  whole  before  his  majesty  in  council,  as  well 
for  his  majesty's  assistance  and  direction,  as  to 
testify  how  much  he  had  at  heart  the  finding 
out  a  remedy  for  the  cure  of  those  overgrown 
diseases,  this  epidemical  contagion,  which  was 
spreading  through  every  part  of  the  Court 
where  he  presided,  and  seemed  to  threaten  de- 
struction and  ruin  to  the  whole. 

These,  my  lords,  we  humbly  hope  will  prove 
the  noble  Earl  not  to  have  been  an  idle  and  un- 
concerned spectator  at  the  tragedy  that  was 
ac^ting  around  him ;  that  he  saw  and  felt  tl  e 
commotions  it  had  raised,  and  was  fully  det|/r- 
mined  to  put  an  end  to  them  as  speedily  ynd 
effectually  as  he  could.  ' 

But  when,  my  lords,  a  stop  was  put  iqiine- 
dlialely  to  bis  embaTOim ;  wbta  he  wii  dis- 


[1165 

armed  almost  in  the  very  Jbegicning  of  his  on. 
set,  and  when  tlie  great  seal,  and  therewith  bis 
power  to  proceed  further,  was  taken  from  liim, 
your  lordships  will  not  impute  it  to  him,  that 
he  was  forced  to  sit  still,  and  leave  it  to  othen 
to  effect  what  he  had,  so  prosperously  and  ba[w 
pily,  begun. 

Vourlordships,  without  question,  willhtve 
already  observed,  that  these  fatal  roiachie&  di4 
not  spring  up  all  at  once,  that  they  had  luo^ 
lieen  growing,  that  the  seeds  of  them  had  law 
bnrietl  and  concealed  for  a  considerable  liai^ 
and,  that  they  hardly  appeared  at  all,  till  thcf 
were  grown  too  stubborn  and  obflarate,  tojicU 
to  an  easy  cure. 

Your  lordships  will  likewise,  no  doubt,  he 
observed,  that  however,  in  the  strictest  sij  tf 
considering  things,  the  Chancellor  may  p» 
bly  be  thought  to  be  answerable  for  them ;  la, 
that  thev  did  not  originally  proceed  fron  Iwi 
that  he  had  not  the  immediate  custody  or  «- 
dering  of  the  suitors'  money  or  effectsi 

That  the  Masters  in  Chancery,  who  are  m 
less  than  eleven  in  number,  by  the  coDsdiiM 
of  the  Court,  and  the  nature  of  tlieir  ofikx, 
were  necessarily  to  be  entrusted  with  that  put 
of  the  business  thereof. 

And  when  your  lordships  shall  likewitt  h 
pleased  to  observe  farther,  that  enou^,  ui 
more  than  enough  for  the  strongest  ooosiiiaM 
of  body,  and  the  greatest  abilities  both  of  niii 
and  understanding,  remained  still  fortheCbH' 
cellor*s  own  share,  in  the  dispatch  of  the  ^i^ 
and  necessary  business  of  the  Court  nbtrt  Is 
presided,  the  innumerable  avocations  by  bis  it- 
tendances  on  your  lordsliips,  on  his  ouja:?. 
and  the  council,  and  other  services,  wliicbuc 
duty  of  his  high  station  required  from  him; 
your  lordships,  no  doubt,  will  easily  ndcts, 
that  he  had  but  little  leisure,  suddenly,  aaJ  is* 
me<Uately  to  go  through  so  arduous,  so  diiiicuhi 
and  so  tedious  an  undertaking,  as  the  statis; 
and  settling  of  the  Masters*  accounts,  tiv  « 
less  than  almost  a  million  of  money,  whicb  U 
now  appeared  to  bo.  in  their  hands.  Ad«I  ;oar 
lordships,  we  are  persuaded,  are  nubtranijienio 
the  many  and  almost  iusu{»ei-ahle  diificultKi 
which  even  at  lust  have  attended  the  prorf- 
cutiou  of  that  affair,  the  great  length  of  time  it 
has  taken  up,  the  numlier  and  variety  ct'  meH- 
ings  and  consultations  with  persons  of  ihc 
greatest  abilities  and  experience  to  go  to  u' 
bottom  of  it,  and  whether  even  yet  tbev  haie 
been  able  fully  to  effect  it,  or  have  fixed  <« 
such  methods  of  enquiries  as  have  laid  opca 
the  whole  scene,  or  will  certainly  pieveat  i^ 
like  mischiefs  for  the  time  to  come ;  theie,tBr 
lords,  we  humbly  apprehend,  are  coosiden' 
tions  that  will  not  be  thought  altogether  oi- 
worthy  of  your  lordsliips'  notice  iu  detennioiif 
the  guilt  or  innocence  o\'  this  nobk;  Earl  of  ^ 
crioies  laid  to  his  charge. 

It  must  indeed  be  admitted  that  tbej  bft*^ 
for  the  present,  taken  away  the  money,  cft<^ 
and  securities  of  the  suitora  out  of  the  AUiKn' 
hands,  and  so  have  prerentcd  any  )amfK^ 
tiuMta  eBOMOQlbiirpart. 


1109] 


fiir  High  Crimet  and  MisdemeitnorS' 


A.D.  I72S. 


[1170 


I 
f 


But  wbether^  my  lorda,  they  are  evea  yet 
dispensed  *>f'  in  such  manoer  asVuUy  la  anijwer 
lo  the  LNiils  projiasedj  ivhetlicr  ilie  ease  ari<t 
convenience  of  the  iiuitors  of  ihe  Court  will 
appear  tube  more  effectually  proviited  far,  ttmn  ' 
they  were  before,  by  i!ie  met  bod  8  that  buve 
now  been  taken  to  dispose  of  their  moni'y  and 
fleciifilies;  these,  my  lords,  !  ara  afraiil  are 
questions  more  easily  asked  thdn  answered.         i 

Boty  my  lords,  all  1  would  be  uiitler^tood  to 
mean  by  llm,  is^  and  f  mean  nothing  more  by 
»t,  tbaii  that  the  senliotr  and  ailJuMtin;;  of  the 
M asters  u ccou ots  for  «u c h  ^reat  sums  of  mo ney , 
placed  and  disposf^dof  in  fiuch  variety  of  band«, 
90  difHcuU  to  be  tboroug-hly  conaid^-red  or  un- 
lierstood  ;  and  so  tittle  to  be  dt  pended  on  if 
ibey  were  underBtood  ;  that  this,  my  lords,  was 
rather  tbe  work  of  persons  at  full  leisure,  of 
persons  coQversttDt  in  tbe  nature  aud  manner  of 
accuunU,  that  it  wbs  tbe  work  of  variety  of 
persons  of  diflerent  capacities  and  abilities,  and 
80  the  takingf  of  these  ar^ounts  lately  has  abun* 
dantly  veritied  and  proired  theni  to  be* 

And  then,  my  lords,  we  bntnbly  hope  that 
Ibesiag-le  endeavours  of  a  Cliancellor  to  tbe 
same  end,  by  beinff  nnsucee^sful,  will  not  l»e 
made  cnnitnal,  and  that  he  will  not  be  obliged, 
under  the  pain  of  an  impeachment  in  parlia- 
tn^nt,  to  do  what,  with  the  g'reatest  submission 
liDi  never  yet  lieeo  attempted,  or  if  attempted 
has  met  with  tbe  same  ill  nucee^s  with  the  en- 
deavours of  the  present  Earl,  and  could  never 
hitlierto  be  completely  or  perfectly  effected. 

liut^  my  lorils,  with  great  stubmission,  if  the 
statin gf  and  settling  of  these  accounts,  on  n  just 
and  lasting  fouadation,  alkould  be  admitted  to 
tie  tbe  i\xt\y  and  office  of  a  Lord  CbajiceiJor, 
and  that  he  is  bound  under  pain  of  on  impeach- 
tiient  to  take  careof  them^  yet  as  this  is  a  work 
©f  the  greatest  moment,  judgment  and  conside- 
ration, and  must  unovordabty  take  up  a  very 
srreat  [lortion  of  time,  and  put  a  total  slop  and 
obstruction  ihv  the  present  to  alt  tbe  other 
branches  of  his  high  office,  we  hurahly  hope, 
-luy  lordsy  that  hi^t  being  cut  off^  in  the  midst  of 
Ilia  endeavours  of  that  kind,  and  thereby  pre- 
vented from  flirt  her  pursuit  of  them,  that  this 
WiH  he  a  consideration  of  the  f;re-ateat  weii^hf 
^ith  your  lordships  in  determining'  the  fate  of 
this  noble  Earl,  and  that  he  will  not  be  tnade 
erimintil  for  leaving  it  unlinished,  when  his 
power  of  proceed joj^  further  therein  was  sud- 
denly and  u(iex|>ectedly  taken  from  him. 

My  lonis,  your  lordships  very  well  know  that 
the  business  not  only  of  the  Court  of  Chancery, 
but  of  all  the  other  courts  of  Westminster- 
bath  and  even  of  your  lordships^  supretnc  Court 
of  Judicature,  is  and  must  necessarily  be  dis- 
tributed and  disponed  of  into  fariety  of  bands, 
that  tome  are  assigned  to  one  province,  s^^me  to 
another,  and  alt  of  them  eoncurrini;  to  the 
same  end,  the  carryinjf  on  the  huis^ines*  of  tlie 
r^pective  courts  to  which  they  belong. 

Aod,  my  lords,  the  officer*  and  ministers  of 
each  of  the^e  courts  of  juaiice^  on  their  lit'ins;' 
admitted  thereto,  ipve  each  of  them  tbe  security 
#1  an  oath,  or  aomt  penpal  is#urity  for  Ih^ 

YOU  XVL 


d«e  and  faithful  discharj^e  and  etecution  of 
their  duty,  whilst  they  continue  In  their  ulHcei, 

Now,  my  lonis,  what  can  be  the  end  of  re- 
quiring and  resting  on  these  jfiecuritieg,  biiT  to 
relieve  ami  ease  the  minds  of  their  superiors 
from  tbe  necessity  of  pryinjj  ami  ex:i mining 
daily  intu  their  behaviour  antt  conduct,  to  the 
hindrance  and  neglect  of  their  own  g;reater  and 
more  immediate  duty  ? 

The  otHcer  is  ut  tiie  peril  of  bis  osth  or  the 
security  he  has  i^iten,  nay,  even  at  the  peril  of 
the  oflice  itself,  to  discharge  his  duty  as  he 
oug^lit,  otid  ju&tty  forfeit<9  his  otficeby  a  nefjflect 
or  breach  of  »ny  part  of  his  duty  therein ;  antl 
if  one  or  two  of  them  should  ha^e  no  regarri  to 
all  or  any  of  these  ties,  must  the  ten  rig^litcuus 
that  are  left,  nay,  must  the  Chancellor  him&df 
be  punished  for  their  siikes  ? 

But,  my  lords,  Wasters  in  Chancery  are  Bf«- 
nerally,  it  not  always,  chosen  I  rum  the  prof!es- 
sion  of  the  law,  and  tbe  manner  of  their  e^luca- 
tion,  and  the  nature  of  their  studies,  are  justly 
supposed  to  set  them  above  Ihe  temptation  of 
mean,  af  base,  or  little  and  unjust  actions. 

Many  of  that  profession,  your  lordships  witl 
jiermit  me  to  ob^rve,  do  now,  and  have,  in  all 
ages,  worthily  adorned  even  the  august  body  of 
tbe  House  of  Peers,  and  have  beea  advanced 
to  the  highest  dignities  in  the  state. 

And  then,  my  lords,  I  humbly  hope  it  will 
not  be  thought  an  observation  altogether  im> 
proper,  that  \i  hen  one  of  this  liberflreducation^ 
when  one  brntight  up  in  the  stuity  and  practice 
of  a  profession,  whose  very  principles  consist  in 
Ihe  knowledge  of  virtue  and  honour,  of  the 
rules  of  justice  and  e<]uity,  aud  all  the  accom- 
plisbmctits  which  can  ailom  life,  or  make  him 
useful  to  his  king  and  country ;  1  say,  my  lords« 
I  humbly  hope  it  will  not  be  improper  to  ob- 
serve, thai  when  such  a  one  applies  for  an  office 
in  the  civil  gt>vernmenl,  which  he  is  in  any  de- 
gree qualified  for,  it  is  do  wonder  that  be  should 
meet  with  a  more  favourable  reception  than 
other  pei^ons,  who  perhaps  may  have  nothing 
but  their  estates  or  fortunes  to  recommend  them, 

Ttie  very  profession  of  such  a  one  is,  my 
lords,  almost  a  sufficient  security  and  recom- 
mendation of  itself,  and  immediately  induces  at 
persuasion  and  belief,  that  they  will  do  nothing 
to  forfeit  their  honour,  their  reputaftoo,  or  that 
credit  and  esteem  which  they  so  justly  do^and 
ought  to  regard  and  value. 

But  w  hen,  my  lords,  it  is  remembered  that 
the  additional  security  and  sanction  of  an  oatU 
is  likewise  required  from  them,  when  tliey 
invoke  the  Majesty  of  Heat  en  to  bless  them  as 
they  i»erform  their  duty,  what  higher,  woat 
greater  or  better  secuntv  can  be  taken  from 
them  for  the  due  and  faithful  difccharge  of  Ibeir 
duty  hi  the  ot!ice  they  are  entering  upon  ? 

'f  he  oaths  they  take  upon  that  occasion  your 
lordships  have  already  l»<nird,  and  no  doubt 
will  have  obaerved,  th^U  ttiav  differ  tittle  from 
tbe  oath,  which  even  the'  Lord  Chancellor 
himself  takes  on  his  being  admitted  to  bis  owa 
high  office. 

And  as  ihaj  til  m\^i  Viva.  vOk\^^xaKl^  ^a^'^iK 
\        4E 


4 

4 

4 


1171] 


10  QEORGE  I. 


Trial  cfthe  Eari  qf  Maedeffitidt 


[1172 


bench,  share  with  him  in  carryingf  on  the  most 
inportani  business  of  that  Court,  which  is  next 
in  digbity  to  the  supreme  court  of  judicature 
we  are  uow  btifore,  when  they  are  in  roost 
cases  necessary  for  the  distributing  and  dealing 
out  justice  and  equity,  apd  fixing  the  rules 
and  bounds  of  property  to  the  suitors  there. 
Can  it,  or  will  it,  my  lords,  be  easily  or  readily 
imagined,  that  they  Khuuld  have  no  regard  to 
all  these  sacred  ties  of  dut},  that  they  should 
prostitute  their  honour,  their  conscience,  and 
every  thing  that  is  dear  and  valuable  to  them, 
for  the  sake  of  any  worldly  or  temporal  con- 
aideratiou  whatsoever  ? 

These,  my  lords,  we  humbly  apprehend,  are 
some  of  the  reasons  which  may  beoflered,  why 
no  personal  security  has  ever  been  n^quired 
from  a  Mai«ter  in  Chancery,-  on  his  admission 
into  that  office,  any  more  than  from  the  Chan- 
cellor himself. 

And  if  this  he  so,  though  there  could  be  no 
Deed  or  occasion  for  the  Chancellor's  making 
any  declarations  concerning  their  abilitv  or 
auhstance,  yet  we  humbly  hope  we  shall  be 
able  to  shew  to  vour  lordships,  that  this  de- 
claration, which  18  made  one  of  the  Articles  of 
an  imiieachment  against  this  noble  Earl,  that 
even  tlits  too,  was  not  without  its  just  founda- 
tion of  reason  and  truth. 

And  this,  my  lords,  leads  me  to  observe'  a 
little  on  the  Eleventh  Article  of  this  Impeach- 
loent. 

M)r  lords,  the  Eleventh  Article  contains  a 
two- fold  cliarf|;e  against  the  Earl;  first,  That 
whilst  be  continued  in  the  office  of  Lord  Chan- 
cellor, in  order  to  advance  and  increase  the 
illegal  and  corrupt  gain  arising  to  himself  from 
the  sale  and  disposal  of  the  offices  of  Masters 
in  Chancery,  he  did  admit  several  persons  to 
those  utfices,  who  at  the  time  of  their  ad- 
missions were  of  small  substance  and  ability, 
unfit  to  be  trusted  with  the  great  sums  of 
money  and  effects  of  the  suitors  lodged  iu  their 
bands. 

The  second  charge  against  the  Earl  in  this 
Article  is,  that  be  did  publicly,  in  open  court, 
falsly  represent  the  persons  by  him  admitted 
tu  the  offices  of  Masters  of  the  Court  of  Chan- 
cery, as  persons  of  great  fortunes,  and  in  every 
respect  qualified  for  the  trust  reposed  in  them. 

These,  my  lords,  are  the  two  branches  of 
this  Article  against  the  Earl;  and  1  would 
beg  leave  to  observe  upon  it  iu  general  that  it 
is  not  so  much  as  charged  or  insinuated  in  any 
part  of  it,  that  the  Earl  kne«v,  or  had  the  least 
notice  of  any  insufficiency  or  inability  in  the 
Masters  at  the  time  he  admitted  themnto  take 
upon  them  that  great  trust. 

If  that  had  ^en  the  case,  or  could  have 
been  clearly  made  out,  the  Commons  without 
doubt  would  not  have  omitted  so  material  an 
aggravation  of  this  part  of  their  charge  against 
the  Earl. 

They  have  indeed  proved,  that  the  Earl  did 
not  think  fit  to  tafie  the  Masters  owu  words 
for  their- abilities  and  fortimes,  and  therefore 
Aar«r  liked  them  the  qucitipB. 


But,  mj  lords,  we  hope  vre  sbmll  be  aUe  to 
shew  to  your  lordships,  that  the  Earl  took  a 
much  more  pro|)er  and  effectual  method,  to  be 
saiislied  of  the  truth  of  their  circumstanoefl 
And  abilities,  than  by  any  appeal  he  could  have 
made  to  themselves;  that  he  did  not  content 
himself  with  barely  asking  ibe question  for  the 
sake  of  an  answer,  whif*b  he  ought  to  have 
had  no  regard  to,  whether  true  or  false,  bat 
that  he  weighed,  considered,  and  judged  of  the 
account  he  received  of  them  on  bis  eoqoiry 
from  others,  and  determined  accordingly,  wlie- 
ther  they  were  or  were  not  fit  tu  be  placed  ia 
an  office  of  so  great  trust. 

That  iu  consequence  thereof,  be  alisolutelj 
rejected  some,  though  their  friends  offertMl  hitt 
a  greater  nresent,  or  if  it  must  l>e  called  so,  t 
greater  price  for  their  offices  than  others,  for 
want  of  an  estate  or  fortune  in  posse>siooflf 
their  own,  that  might  be  some  ways  adequate 
to  the  great  charge  they  were  going  to  be  en- 
trusted with. 

That  from  the  same  views  of  security  to  tbi 
suitors  of  the  Court,  he  refused  to  admit  otben, 
from  an  apprehension  that  the  sums  they 
offered,  though  considerably  greaierthau  were 
offered  by  others,  would  too  much  exlianst  aod 
lessen  their  own  fortunes,  to  he  aide,  with  aay 
deforce  of  ease  or  credit,  to  suppori  themsirhcs, 
or  be  consistent  with  the  safety  and  security  of 
the  suitors'  money  and  effects,  to  be  entrusted 
with  them. 

These  instances,  my  lords,  we  shall  be  aUe 
to  province  to  your  lordships ;  and  when  we 
have  so  done,  we  hope  we  shall  need  to  be  in 
very  little  pain  for  the  second  part  of  ibis 
charge,  which  the  Eail  by  his  Answer  b« 
parti j^ admitted  to  be  true;  thai  is,  that  be 
believes  he  may,  upon  some  occasions,  liafe 
declared,  that  he  thoujL^ht  the  then  bcxty  of 
Masters  as  good,  with  respect  both  to  their 
estates  and  ability  for  the  discharge  of  their  • 
office,  as  had  been  at  any  time  before. 

This,  my  lords,  the  Earl  owns  by  bis  Aa-  i 
swer.  That  he  may  on  some  occasions  have 
said ;  and  if  it  were  true,  where  was  the  crioie 
of  it?  It  was  indeed  more  thau  he  needed  to  i 
have  said,  as  no  one  liaJ  authority  to  require 
him  to  make  any  declaration  at  ^1  about  the 
Masters. 

But,  my  lords,  if  he  had  said  more  tbaa  be 
needed  to  have  said,  and  yet  his  saying  was 
true ;  we  hope,  my  lords,  that  will  never  be 
imputed  to  him  as  criminal. 

Indeed,  my  lords,  the  honourable  Maoageri 
for  the   House    of  Commons,  both  in  tbcir 
opening,  and  the  course  of  their  evidence,  bare 
tacked  to  this  declaration  a  circumstance  aris- 
ing from  the  death  of  Mr.  Fellowes,  oneoftbe 
Masters,  which  happened  just  before  this  de-. 
claration  was  made,  from  whence  tbey  woold     i 
infer,  and  one  of  them  was  pleased  to  say,  it     I 
was  a  necessary  declaration  to  be  made  at  tUi     ^ 
time,  to  give  notice  that  the  office  was  weilh 
buying,  or  to  that  effect. 

But,  my  lords,  we  bambly  h(^,  bow  ii- 
geoioiwBMver  th%  obsenratioa  nay  bo^  thit  i 


1 


1173} 


Jvr  'High  Crimet  end  Mitdemeanors. 


A.  D.  1725. 


[1174 


«^^  in 


will  bnve  no  wfi^bt  with  your  brdshins,  if  the 
Initli  and  n^lureoftljeca'M*  itwlt'  win  «upj>oft 
the  deckmtion  Ihat  was  matle  upon  tlial  oc* 
eaiioo. 

But,  my  loHs,  before  1  learc  this  Articli**  I 
wutilij  beg  leave  tci  atlvl  uue  tihM*rv»ti<ai  more  i 
)  what  I  buve  MJreaily  sat^l  u|H»n  the  firKt  pnrt 
if  it,  eiittuernm^r  lhc>  obU^^ation  on  tlie  Masleru 
in  Chmti<!erv  to  Ite  tbahtiik  tn  lUe  discharf^e  of 
tbcir  duty,  iVoin  the  hmioiir  o(  their  (irofesnion, 
Add  the  oature  and  sanctity  of  liic  oatli  they 
jtake  on  their  biing-  acSmiUecl  Masters. 

AntI,  iny  lonls,  I  the  rather  chu^i?  tn  take 
ilialice  of  it,  because  it  in  hu  argument  which 
b«  bonuurable  Managers  nf  tlii^  House  '^•f 
Cimimous  bair«  ibrnuelvca  furnishpt)  ua  with. 
Your  lorilship»ivere  |t1easeU  to  ob«tM  ve,  that^ 
ia  the  very  iK't^inning  of  their  evidence,  they 
iank  tp^at  care  ami  pums  to  exalt  and  iH^nily 
the  omce  of  Maaiei-n  in  Chancery  aa  hi^b  is 
liuble,  and  therefore  they  read  to  your  tnrd- 
biM  Mteral  cutnmivbionM,  and  put  io  uther^ 
*  tne  table,  from  ihc  time  of  Edward  the  6t It, 
Idown  to  this  time,  to  prove,  that  the  IVlastei'a 
Ciuiacery  wtre  joined  in  commiiicioii  with 
'  of  tlie  HolU,  and  the  judge;}  them* 
^  r  tlie  hearini^  and  deienmntngr  ^f 
lib  etjmty,  10  the  absence  of  tlie  Chan- 
[celbf. 

And  it  was  «iaid  by  one  of  tV     •        nl  Ma- 
nagers in  the  fti'*t  d,iy*H  Mpemr  n  oc- 
caaiou,   that    the  Misters  in   L...i»,  ..>    were 
[  next  in  power  to  the  rhuijcellor  hituKelf,  ader 
llbe  Master  of  tlie  HolU. 

From  which  1  wimld  humbly  presume  to 
kiuferi  that  if  tbia  ht  so,  if  they  are  per!«ons  of 
#uch  etnineoee  and  worth,  and  ao  neaiiy  re« 
luted  to  justice  itaelf,  on  tlit^ir  cotiimenciii^ 
^iister»,  it  i«  atill  a  hi/y^ber  obliuration  ou  them 
>  be  cai*eful  in  the  discharge  and  execution  of 
office ;  and  then,  whether  these  coumJ- 
eratioofly  whether  the  lies  of  honour,  of  con- 
*oce,  and  of  the  f  enerable  conipiny  they 
from  henceforth  joined  witli,  anif  mwt 
aI  to ;  whether  theiie  may  not  in  a  great 
neftiure  he  fluppiMed  to  supemedtj  that  fttrict 
Len^uiry,  which  a  Lord  C'ttancelbtr  would  otiter- 
stbitik  him<ielf  ohiit^^ed  to  make  ;  tiiis,  my 
,  we  humbly  ho|»e  will  not  be  thought  an 
neivt  altogether  foreign  to  tb«  pre-senl 
on  before  your  KirdNbip«i,  but  will,  we 
pe,  at  leaat  eaieuuatc,  if  not  whoUy  wi^ie 
rany  ^oilt,  that  for  want  of  sacii  enquiry 
iL't-  npuled  10  the  Earl  UQ  bta 

0ut,  my  lurJj^,  there  la  otie  obacrTitioo  Ikr* 
[ihcr^  which  I  cannot  let  p«aa  on  this  oceaaiiHi, 
kttoogh  il  ia  ootalrtctly  l^  Uie  Article  1  am  now 


•dfi 


|A     ibi 


Aod  Ibat  If,  my  lords,  what  the  an  me  teamed 
_      obaicrYeil   in  his  rt!i!iomn||;  u\tnn  i\in\ 

lutt,  that  the  o&cea  of  Ma»ter»  in  i  h^n<  ery 

in|f  idBc«f  of  iOch  gri'ut  Iruat  atid  di^ttity, 
ibat  no  u^eet  were  nuirc  improper  to  bv  bought 
lg>d  told  than  ibiay,  except  thoae  of  the  juilgen 
||l#aiidfca. 

Hiii^  my  krda,  ailght»  and,  no  doubt»  was 


a  very  juat  and  proper  observation  to  he  made, 
in  8Up(»ort  of  the  point  they  were  endeavourmg 
to  maintain. 

But,  my  lords,  it  falls  out  very  noforiu- 
natrly,  to  disparage  and  we;tken  aiu»ther  part 
of  their  Articles,  which,  wiihuut  doulit,  they 
have  ecpially  at  heart  to  maintain,  and  that  is, 
the  ohlitrin^  these  pfreat  men,  the^e  jodtfcs^ 
these  MaKterii  in  Chancery,  to  ^ife  seCurHy  lor 
the  <»uiiorB'  money  and  eflPech*  in  their  hands, 
a.f  if  they  were  not  tit  otherwise  to  be  trusted 
with  theiiu 

They  are  just  liefore  made  a  sort  of  petty 
chancellors,  rr|ual  in  diufioiy  ^ind  |M>wer  to  tho 
juilges  theuif^elven,  and  til  to  l>e  entrusted  with 
the  dij(po^al  of  the  properties  and  fortunes  of 
all  the  suitors  of  the  Court  of  Chancery,  and 
therefore  their  ]daceH  mu«t  not  be  botjv-ht  or 
sold  ;  but  here  they  are  reduced  and  atiatied  to 
the  low  and  »ervile  condition  of  a  common  re- 
ceiver or  rent^ gatherer,  and  must  ^ive  security 
for  all  the  suitors'  monfy  or  oflTeet^  that  shall 
ha|t|»en  to  come  to  their  bands  for  fear  they 
should  run  away  with  it. 

All,  my  lords'  1  shall  iire«ume  to  Mid  for* 
ther  under  this  head,  is,  tluit  thouij'hone  of  tl^e 
Ma»<iera  haH  intteed  trankly  owne<l,  that  he  was 
worse  I  ban  nothiu(r  when  he  came  into  his 
place  of  a  Miister  hi  Chancery,  yet,  from  ano- 
ther piirt  i>t'  his  efideiice,  be  owits,  and  «t  fuHy 
appearM,  that  he  ^t^i^iy  abused  and  imi»o8ed 
upon  the  Eavl  in  concealing  it  from  him,  of 
which  the  tlarl,  when  he  Ciiine  to  hare  notice^ 
very  justly  complained,  ami  expressed  his  sur- 
prize and  resentment,  that  he  should  pretend 
to  come  into  an  ofKce  which  he  was  not  abl«lo 
pay  for. 

And  how  far  the  satne  ^ntleman  will  in  time 
to  come  remember  the  kind  and  generotts 
return  made  him  by  the  £arl,  of  the  1,500 
ifuineas,  when  he  came  to  tind  him  in  dis- 
tress afierwardHtbr  want  of  it :  this,  my  lords, 
must  be  left  to  your  own  conscience,  and  the 
ip^titude  of  his  own  heart ;  as  mu«t  aUo  th« 
like  return  of  1,500  frnineas  made  to  another 
of  the  Mii^ters  under  the  like  ilislrehs  and  ina- 
bility to  bear  the  want  of  it ;  tbe*e,  my  lords, 
are  in$tanceN  of  the  greatest  {^irneriHuty,  bo« 
nour  and  tendeniesa,  1  bail  almost  said  charityi 
in  the  noble  B»rl,  that  perlmps  can  be  pro- 
duced in  nrivate  hfe  on  the  like  occasions ; 
however,  tney  have  been  doifij^'^ured  and  dis- 
guised by  the  leanun^and  ingenuity  of  the  ho- 
nourable Mtuaifera  for  the  House  nf  Com- 
mons. 

In  the  mean  lime,  my  lonis,  I  would  Itetf 
laave  to  observe,  that  tfie  reail?  pkiyiug  and 
pro^lucint;  nt  these  suniA  to  the  Earl«  for  ttieir 
places  at  first,  their  tiot  giving  him  the  hniit 
n(>ti£  c  or  iriiitnation  that  it  was  not  their  own 
uioiii'v,   and  ih*'    liifure   and    iippeaiHuec  they 

rir    ' 't'^HOild;  these  all  concnrriogmitjbt 

(  ul  till*   noble  Kurl  utto  a  p^^rttuaiaoii 

au  I  ,    that  they  n  ally  wertt   wlmt  Uiey 

appeared  to  be,  thai'  ibey 'w4ie  well  able  and 
suiftcient  to  bear  the  ex(»«nce  of  it.  ^Vnd  nei- 
ther t>f  th«sa  tiiro,  or  of  tb«  olticr  Maat«rt  baia 


1176] 


10  GEORGE  L 


given  any  sort  of  evidence,  that  the  Earl  kneir, 
or  had  reason  to  entertain  the  least  8ui|Mcion 
to  the  coutrarv  :  and  if  now,  at  last,  the  de- 
ficiencies of  these,  and  of  all  the  other  Mas* 
ters  placed  in  hy  tlie  Earl  shall  appear  to  have 
heen  already  made  good,  or  to  be  so  tar  se- 
cured, as  to  prevent  any  danger  of  a  loss  to 
the  suitors  of  the  Cosrt,  from  their  several 
oiBces  (which  we  humbly  hope,  on  the  strictest 
examination,  will  appear  to  be  the  case)  we 
may  then  humbly  presume  to  hope,  that  the 
Earl  will  not  be  thought  to  be  criminal  under 
any  part  of  this  Article ;  but  that  your  lord- 
ships' great  justice  wdl  acquit  him  wholly 
of  It. 

But,  my  lords,  T  would  now  humbly  beg 
leave  to  offer  a  few  words  aiMl  observations  on 
the  Twelfth  Article,  which  comes  next  to  be 
considered  of. 

This,  my  lords,  charges  that  whilst  the  Earl 
was  Chancellor,  an  unjust  and  fraudulent 
method  was  practised  in  the  Court  of  Chancery, 
on  the  sale  of  Masters'  places,  and  on  the  ad- 
missfions  of  new  Masters ;  that  the  sums  agreed 
to  be  paid  fur  the  purchase  thereof,  were  uaid 
out  of  the  suitor*)'  money,  either  by  way  or  re- 
tainer, or  by  replacing  the  same  a^iu  in  the 
hands  of  the  selling  Master,  immediatelv  iifter 
the  admission  of  the  new  one :  and  that  by  this 
practice  the  price  and  value  of  these  places  was 
greatly  advanced,  and  persons  of  small  ability 
and  substance  were  encouragfed  to  contract  for 
the  same,  which  has  occasioned  great  defi- 
ciencies. 

This  part,  my  lords,  shews  only  the  contri- 
▼ances  amongst  the  Masters  themselves,  how 
to  get  into  those  offices ;  and  so  far  the  Earl 
seems  to  be  but  little  concerned  in  it. 

But  then  comes  the  Charge  against  the  Earl, 
that  though  this  practice^  was  notorious  and 
public,  and  the  Karl  was  fully  acquainted 
therewith,  yet,  for  his  own  unjust  and  corrupt 
profit^  in  the  selling  of  those  places,  he  took  no 
measures  to  prevent  or  reform  that  abuse, 
either  by  causing  schedules  to  be  taken  of  the 
mom*y  and  effects  of  the  suitors,  delivered  over 
to  the  new  Master,  or  by  appointing  any  per- 
son to  supervise  or  insiiect  the  transfer,  and 
delivery  thereof:  but,  on  the  contrary,  suffered 
that  fraudulent  practice  to  continue  without 
controul,  whereby  great  embezzlements  have 
been  made  of  the  suitors'  money  and  effects. 

My  lords,  the  noble  Earl,  by  his  Answer, 
says,  That  he  was  totally  ignorant  of  this  prac- 
tice amongst  the  Masters :  but  admits,  that  he 
never  gave  any  particular  directions  for  deli- 
very of  the  suitors'  money  and  effects,  by  a 
Bchpdule  to  tlie  succeeding  Master ;  and  says, 
he  never  heard  that  his  predecessors  ordered 
such  schedules  to  be  made ;  but  says,  he 
believes  such  schedules  were  made,  between 
the  new  Master  and  the  old,  on  the  general 
order  of  trausfisr,  made  of  course  on  the  ad- 
miuance  of  the  new  Master. 

This,  my  lords,  is  the  EarPt  answer  to  this 
Article.    And  m  he  has  io  geneial  ^leniod  iiis 


Triai  of  the  EaH  o/MaedegfiM^  [1176 

knowledge  of  these 


ters,  it  was  oerUinly  expected  by  year  kml* 
ships,  that  the  honourable  Managers  §»  tht 
House  of  Commons,  woukl  have  fullv  froved 
it  upon  him,  and  thereby  beve  fiditiM  Us  An- 
swer to  this  part  of  the  Charge. 

But,  my  lords,  if  1  did  not  greatly  mistahi 
the  evidence  to  this  point ;  it  has  funovcd  d» 
thing  more,  than  that  the  Earl  knew  of  tbii 
practice,  at  the  same  time  that  all  tlieiestif 
the  world  did,  that  is,  a  little  befeffc  ChriilaMB 
last ;  when  the  curtain  drew  up,  and  displaffd 
the  Masters  in  their  true  colours. 

Then  it  was,  and  not  before,  that  the  Eti 
was  let  into  this  secret  by  tbe  kind  assiftssfli 
and  help  of  Mr.  Thomas  Benuet,  and  thesft* 
davits  that  were  nuule  by  hioa  and  othenos 
that  occasion. 

But,  my  lords,  with  great  submiannn,  thi 
Earl's  knowing  of  it  at  that  time  was  a  litii 
too  late  for  him  to  give  any  orders  for  prevtil* 
ingor  redressing  it  for  the  time  to  come;  fv 
the  great  seal  was  taken  from  him  aoniHii 
before,  and  then  all  his  knowledge  alter  ssril 
be  of  no  use  to  him,  but  only  to  shew  km 
treacherously  he  had  been  dealt  with,  is  ail 
being  let  into  this  useful  part  of  learnisgi 
whikt  it  might  have  done  him  any  good. 

And,  my  lords,  if  this  be  Sf>,  as  it  cau  btsi 
ways  criminal  in  the  Earl  not  to  put  a  step  n 
a  practice  he  was  wholly  ignorant  of,  mi 
which  the  Masters  kent  private  amongst  tfaea- 
selves.  We  humbly  hoiie,  how  ill  soever  ibi 
Masters  may  be  thought  to  have  deserved «f 
this  noble  Earl,  that  the  Earl  himself  will  sot 
be  thought  to  have  deserved  ill  of  your  ksd* 
ships,  in  not  endeavouring  to  prevent  it ;  as^ 
that,  in  consequence  thereiif,  your  lordsfaioi' 
great  justice  will  acquit  him  of  tliis  pait  of  us 
Impeachment. 

And,  mv  lords,  as  to  the  last  part  of  thii 
Cliarge,  the  not  causing  proper  schedules  It 
be  takeu  of  the  suitors'  money  and  effects,  de- 
livered over  to  tbe  succee^mg  Master,  as  a 
method  which  might,  in  all  probability,  bava 
prevented  the  practices  amongst  the  Jlasini^ 
complained  of  m  the  first  part  of  these  Aitidcs; 
this,  my  lortls,  we  humbly  apprehend,  oeidMr 
can,  nor  is  intended,  even  by  the  Aiticlfi 
themselves,  to  affect  the  Earl  isrther  or  i 
wise,  than  as  a  means  he  ought  to  have  i 
use  of,  to  pot  a  stop  to  these  dangerous  osstii* 
vanoes,  formed  and  set  on  toot  amongst  ihi 
Masters,  to  dispose  of  their  places  to  m  bHi 
advantage. 

But,  mv  lords,  if  the  Earl  himself  knew  ao* 
thing  of  these  contrivances,  if  he  was  wholl|[  S 
stranger  to,  and  unacquainted  with  tbe  mii* 
chief,  it  will  surely,  we  hope,  he  no  crisMii 
him  that  he  did  not  kwk  out  for  a  cure. 

But,  my  k)rds,  it  ma^.  perhaps,  be  worlh 
while,  just  to  consider  of  the  wunderfol  disss* 
very  that  seems  to  have  been  made  of  ibMS 
schedules,  and  how  far  they  wonid  base  w* 
swered  the  ends  proposed,  ainuittiog  tbe  Bail  - 
had  known  of  these  practices  sinosgst  ibt 
MasteiB,andbad  beoi  teller  diipoiidtbB At 


11T7] 


Jor  Higk  Crhna  and  Mudmetmort. 


A.  D.  1725. 


[117» 


Commons  «re  pleated  to  think  He  Was,  for  the 
remetlyingf  of  ibera* 

A  till,  tiiy  lortlv,  1  sri  afraid  ttits  wnnirt  hure 
proved  very  far  firtini  hcioq^  ao  iQfidlil>le  me* 
"ihod  of  renoedyiiij^  these  evils  fur  the  time  lo 
^onje;  for,  my  lords^  if  the  Musters  ^ould  Imt 
trust  one  aDOtlier,  or  any  botly  >^oM  trust 
tiiem  for  a  tery  few  days,  iniifhi  ibey  not  have 
^fie  just  the  &ame  th'mg^  thev  did  before? 
m t^^hi  they  not  liave  immedmieiy  replaced  the 
money  «^o  in  the  bauds  iif  ihc  selttng-  Mas- 
ter ;  or  have  paid  off  a  bond  or  any  other  »ecu> 
rity  they  liad  i^ivt^u  on  ihe  borruwhitf  of  the 
moDpy,  as  stjon  as  ever  Ihty  were  adinutt  d^ 
undi  bud  got  the  Miil<>rs*  money  iniii  their 
huiids  P  Awi  if  tb(*y  had  so  done,  and  tbia  had 
bfen  discovered  aud  coiupliiined  of,  would  it 
tint,  i^'Hb  ijfreai  ju«iice,  huve  Uferi  called  tnstU 
tyiii]|f  a  tTiHini^  and  fallacious  m^ihod  of  secu- 
rity tiir  the  Muitor^,  which  could  do  theiu  oo 
ttinuuer  of  service,  but  tettdt^d  only  to  amuse 
and  decieite  them;  and  then  whelher  this 
wouhl  ii(»t  have  made  a  better  figure  In  an  tm- 
peuehment,  thnii  what  is  here  fixed  upori»  may, 
*We  humbly  bope^  be  thought  de^ervinxof  your 
lordiib I ps'* notice;  esipeciall y,  my  lords,  wbeu 
it  mi^ht  have  been  no  easily  explained  and 
iirj^eil,  as  no  doubt  it  would  have  been  by  the 
icarned  Miinaifera,  that  the  very  takitig  of 
the^e  Hchedtdea  was  for  the  sake  of  seeinji;;  into 
the  nature  and  value  td  the  office  to  be  aold, 
that  he  miL^ht  the  better  know  how  to  set  bis 
price  upon  it. 

~    But|  mj  lords,  1  shall  only  beg^  leave  to  add 

or  two  very  abort  observations  more  upon 

ttead^and  then  call  such  witnesses,  as  we 

,f  e,  to  speak  to  these  two  4rtides, 

And,  my  lords,  ibe  firit  observation  I  would 

leave  to  mention,  is«  tbut  the  Earl  by  bis 

LOawer  o^vns  that  be  did  nut»  Uf  ither  did  he 

jjlrer  hear,  that  any  of  his  predecessors  ordered 

b  achedules  to  be  made ;  neither  is  there 

least  proof  on  the  part  of  the  honourable 

iatiagers  for  tlie  House  of  Commons,  that 

y    such    schedules    ever    were    made,    or 

ugbt  of,  till  Mr.  Lightbouu  very  happily 

it|iou  them. 

Indeed,  the  Earl  owns  by  his  Answer,  that 

believes  such  srchedules  were  usually  made 

the  old  Master  and  the  new,  on  the^e- 

^ral  order  of  trantffer  made  of  course  on  the 

mittance  of  the  new  Master. 

But,  my  lords,  these  are  not  the  schedules 

Articles  mean,  as  I   apprehend,  or,  if  t bey 

,  the  Earl  at  least  was  to  have  one  part  of 

oi  ;  or  else  they  conld  he  of  no  use  to  him 

l^iardiuf;  againnt  any  fraudulent  practices  of 

le  Masters.     And  if  he  had  badone^  what  se- 

rity  that  could  have  Iwen  to  the  suitors  of 

Court,  if  the  Masters  should  have  been 

posed  to  make  use  ot  their  ovoney  at\erwardSj 

my  lords,  1  have  already  endeavoured  to 

of. 

The  De3tt  observation,  my  lords^  I  would  beg 

ve  to  make  uncier  tbia  bead,  is,  that  if  such 

ledules  bad  been  made,  what  security  ^ould 


all  respects  trae,  or  with  any  certaioty  to  bare 

been  depended  on? 

Home,  my  lords,  even  of  the  Masters  them*! 
selves,  in  the  hurry  they  were  lately  obliged  t^' 
give  in  their  account;*, , discovered  afterwards 
several  mistakes  and  omissions  thereio ;  and 
though  they  were  given  in  upon  oath,  yet  on  a 
review,  and  a  more  narrow  and  careful  in  spec* 
tion  and  examination  of  them,  it  was  found  they 
were  not  alio*<:elher  to  be  relied  on  ;  aod  there* 
fore  the  Masters  were  forced  to  !»ei  them  right 
in  their  post- accouTils,  given  in  at  some  distance 
of  lime  alter  ;  and  whether  any,  or  what  other, 
or  better  security  for  the  iruib  of  those  ac- 
counts has  been  yet  found  out,  1  atn  wholly  ig 
no  rant  of.  ^ 

My  lords,  I  be  third  and  last  observntion  t 
woidd  beg  leave  just  to  mention,  and  submit  to 
your  lordships  under  this  bead,  is,  ^brtbei' 
there  be  anV}  and  what  real  mischief  in  ibe 
practice  itself,  so  grievously  complaioed  ot  in 
this  Article  ? 

It  is,  my  lords,  ontonous,  that  in  every  one 
of  the  ol^^ces  of  these  Masters  in  Chancery, 
there  is  always  necesiQirily  a  much grealer  sum 
of  money  lymg  dead  in  the  office,  than  goes  to 
pay  ior  the»r  places,  either  for  want  of  securi* 
tien  %v hereon  !•  place  the  money,  or  from  the 
different  claims  of  persons  entitled  thereto ;  or 
to  satisfy  tlie  ilemands  of  creditors,  and  other 
persons,  as  they  shall  from  time  to  time  come 
in  and  prove  tlieir  debts,  and  from  several  other 
causes,  which  1  need  not  here  enumerate. 

And  then,  my  lords,  whether  there  be  any 
great  difference  betvveen  pa j  iog  for  their  places 
out  of  the  suitors*  money,  lying  dead  in  their 
hands,  or  raising  so  much  muney  out  of  their 
own  estates  and  fortunes,  in  order  to  let  the 
suitors'  money  lie  dead  ;  whether  a  practice  of 
this  Ditture,  which  docs  no  sort  of  bun  to  the 
suitors,  is  of  no  advantage  to  the  Masters,  and 
which  the  Earl  liiinself  was  wholly  a  stranger 
to,  and  which,  if  he  bad  known,  could  not  have 
t»een  prevented  ;  whether  this  can  be  beighlen- 
ed  or  improved  into  t>o  heinous  a  crime  m  the 
Earl,  as  to  need  or  deserve  the  most  s^^ileroti 
prosecution  which  we  are  acijuaimed  with,  a 
prosecution  by  the  representatives  of  Uie  whoI« 
body  of  the  nation  ;  Ibis,  my  lords,  we  humbly 
hope  will  deserve  to  be  tliougbl  of.  In  the 
mean  time,  as  the  Commons  have  cliosen  your 
lordships  to  be  the  Judges,  the  Earl  himself 
with  the  greatest  pleasure  joins  with  ibeio,  and 
humbly  appeals  to  your  lordships*  just  and  im*^ 
partial  judgment* 

8erj.  Trobt^n*  My  lords,  the  evidence  which 
we  have  neitt  to  lay  before  your  lordships  re- 
lates to  the  Eleventh  Article,  by  which  italunds 
charged,  that  several  Alaaders  admitted  by  the 
noble  Earl  were  perwins  itf  small  substiinct;  aiid 
ability  ;  and  in  that  respect  very  unfit  to  bo 
trusted  with  the  great  sums  of  money,  and 
other  eifects  belonging  to  the  suitors,  i^htch 
were  lodged  in  I  heir  handK  by  order  of  the  said 


C  ourl  ;  not w  i  i  b><ta  iid  i  n  ^  ^  U\cV\  VW  lasJv^*.  >LaA 
lian^  l»MB  to  ibt  i£ar]|  iliat  tbey  wert  in  |  did  pubUc\)\ia  o^^uC^>tf\« '    ' 


.  ^^»>^\ax«.  >^iwsa.  M4>a«. 


J 179] 


10  GEORGE  L 


Trial  oftfte  Earl  ofMacdesfiM^ 


persons  of  greal  Ibrtuties,  and  in  erery  respect 
qimlitied  for  the  trust  so  repOAeil  in  tUern,  in 
the  iijatiifost  deceit  and  prc'jiidiccQt'tlieaaitnrfi 
^  of  Ih^  said  Court  t    but,  my  brds,  though  llii^ 
\  cbiirge  of  this  Article  Uv  conceived  m  geoend 
^  terms,  yet  I  apprehend  we  are  now  only  lo  ac- 
icouni  for  the  abiiitle«  aud    circumstances  of 
•uch  of  the  Masters,  as  they  hare  descended 
into  auy  particular  evidence  against,  upon  that 
I  liead :    now  the  Hlmters,  who  have  bi'on  ad* 
'mitted  in  by  his  lai^shtp,  and  aq^ain^  wtiom 
any  insinuations  of  ihi«  kind  have  been  levelled, 
are  I^Tr,  Kynastoo,  Mr.  UeriULtf  Mr.  Eldc,  and 
Mr,  Thurston  :    but  (  should  in  the  fust  place 
I  observe,  as  to  BIr.  Eldeand  Mr.  Tburslou^  tliat 
►  there  is  not  the  least  pretence  of  any  deticiency 
^  in  either  of  their  otDces,  from  any  cVidcnce  that 
^lias  been  yet  oflered  by  the  learned  Managers; 
I  they  stand  both  of  them  ivitbout  obj<«ction  in 
^  point  of  substance.     As  lo  l\Ir.  KvnaNton,  in- 
*  deed,  I  do  own,  tbut  at  the  time  when  he  deti- 
^Vered  in  his  accounts,  ibt-re  appears  to  iiave 
i  been  a  deQcienoy  in  his  office  ;    but  since  tlmt 
'  f  itne  he  hath  given  such  security,  as  the  Court 
thought  fit  to  accept  of,  for  answerintj^  it  to  the 
I  tuttors  concerned.     At  the  time  of  his  admis- 
lion  he  appears  to  have  been  a  man  of  fortune ; 
.*^he  bad  a  good  estate  in  land^  and  a  considera- 
ble sum  of  money  in  bank ;   and  had  a  great 
[.deal  of  wood  upon  bis  estate  :    if  he  really  was 
)  a  man  of  a  considerable  fortune  at  lb  at  time, 
f  and  if  be  appeared  $o^  and  came  ivell  recfim* 
tiiended   in   other   respects  to  the  noble  lord^ 
1^'bat  fouodaliou  is  there  lefV  to  support  that 
|»art  uf  the  Charge  ag^ainst  I  be  noble  Earl  ?    As 
[.to  Mr,  Thomas  Bennct,  iudeed*  though  he  did 
i.make  au  appearnnce  inttbc  world  <*<p)at  to  a 
loan  of  furtAine,  yet  ha  now  pretends  it  was  far 
-from  being  so,  though  he  bad  an  estate  in  land ; 
vet  be  has  told  your  lordships  it  was  iucum 
^  Sered  ;  but,  witFi  submission  i/>  vour  lordships, 
^  It  doth  not  ajipear  that  any  of  these  iucum- 
I  brances  were  made  known  to  the  noble  Eai  I  ; 
DU  the  contrary,  he  appeared  to  him  in  tlie 
same  light  as  in  the  year  1720,  when  he  saitb 
he  was  worth  20,000^.  and  these  iucumbraiices 
bein^  private,  it  is  impossible  the  niible  Earl 
thou  Id  then  know  them.     We  shall  shew  that 
at  this  time  he  was  not  only  a  man  of  visible 
substance,  but  of  real  sulistancci  equal  to  those 
\  IV bo  are  usually  admitted  into  these  offices  ; 
and  if  he  was  equal,  hotli  in  reputation  and  for* 
I  tune,  with  those  admitted  by  the  noble  Earra 
l^redecessors,  we  hope  it  shall  not  t»e  imputetl  a 
crime  in  him,  to  have  trod  in  their  steps  in  that 
Darticular.     J  n  order  to  make  this  out  against 
Mr.  Bennet,  we  shall  prove,  that  about    the 
time  when  he  applied  to  Hiccocks,  to  get  hack 
[  part  oi  the  7,000/,  he  then  declared  nis  sub- 
ttance-was  so  good,  that  if  he  could  but  have 
5,000/.  he  would  pay  the  rest  himself;  be  de- 
tiied  before  your  lordships  that  he  said  so ;  but 
ife  have  persons  of  undoubted  cburacter  to 
I  prove  that  he  did  say  so.     And  when  that  ap- 
^  pears,  we  hope  you  will  give  the  less  credit  lo 
tar,  Bennet's  testimony  in  any  otlier  particular 
iffthh  eoncenii  h)  s  foiluoe.    We  %\m{  like w  Ue 


prove,  as  to  Mr.  HicccK^ks  and  Mr.  Rofcn, 

that  tiie  sums  of  money,  wliitli  ih»  v  rctjMiic^  ' 
are  now  submitted  to  be  re  r  hscm  n* 

speclivcly  to  the   Coart,    i  i  any  dci 

cieocy,  so  htr  a^  the  estates  ul  tbeir  kuccomi 
shall  Vail  $bf»rl  in  satisfy  1114;  tli^  same ;  10  tta 
upon  the  whole,  the  suitors  are  10  no  | 
of  suffering  by  any  ti'ausaction  oi  \ 
fcLynasion.  \^e  shall  begf  leave  to  cu 
nesses,  and  prove  the  several  f;Ki 
opened  to  your  lordabips  yp<»ii  Uiis  Arudc. 

CojT?.  Scrj.  My  lords,  we  huoiLly  appriW  I 
til  at  in  tins  case  the  noble  Karl  »  not  refpofli' 
bic  for  the  bad  circumsiaacc^  of  the  party ;  /  I 
he,  upon  enquiry,  have  rect^ired  aucb  10  10-  [ 
count  as  is  proper  to  rel}'  u^M»t«   in^.i  u\  «ati«^i 
reasonable  man,  it  ts  sumcu  iftc^toai 

of  the  trtists  reposed  in  the^  ;     ^  laUkSi 

m agnized,  and  great  it  is  ;    bui  your  bntilipP  j 
will  please  to  cousider,  that  it   is  uoi  lu  lirii* 
(TCcted  from  the  nature  of  the  thing,  itut  fs- 
sons  of  great  or  overgrown    forittrnts  ^^mM  | 
take  upon  them  those  otHcea.     1 
formed  your  lordships,  that  120,i 
in  one  of  these  gentlemen *a  hiinils,     1  I 
no  i>ersons  of  such  vast  estates  m^  100/jC 
150,000/.  would  give  themselves  the  trou 
executing  these  ofiices,  atten<lt;d    witii 
ri$ik,  and  requiring  so  great  alieudaa 
Uevi;  the  ouice  of  a  Master  in  Cbi 
never  dnd  either  such  buyers  or  s« 
that  can  be  expected  is,  that  tliey  mti 
of  reasonablt;  tortuues«  per^ir^h;  of 
year,  brought    up    with  a 
persons  who  are  of  gOQd  cb  . 
integrity  and  abdities ;   this  h  u 
reasonaldy  expecteit,  and  we  ap|K    . 
appeared  to  ytmr  birdships»  tliat  the 
whiclk  the  evidence  hath  bt^en   ^ivca  ot, 
such,  and  such  a  representalioii  waa  niadcil 


rl 


My  lord^,  1  fnintfl^ 

IV en  in  that  belsf 
>i%e<4'Cttin[ito«P 


r  Thurston. 


them  to  the  noble  E 

init  it  upon  the  e.i 

by  the  gent  I  erne  ri 

this  proseention,  liiaL  .^ 

no  way  uulit,  but  a  pei  ^ 

into  such  nn  office ;    tir. 

either  to  Mr.  Elde  or  Mr 

Thomas  Dennet,  it  will 

ciency  will  be  madeg<' 

proof  of  his  ability  ;  aii*  I.  , 

ton's  will  be  so  too.     As  to  Mr. 

net,  he  hatli  deoied  that  ever  he 

cocks,  that  if  be  would  retur ; 

pay  the  rest :  being  as^ketl,  u 

clared  to  any  boily ,  that  he  ha«i  , 

to  Mr.  tiiccockst  he  answered   > 

negattie,  that  he  had  not,  no,  lie  w^t 

had  not;    he  was  asked  the  i|uc^stinn 

oyer.     Btii  il'niy  iustni"  '     • 

shall  prodtice    three  v^ 

lurdshijis,  ibat  Mr,  Beuut  t  luciarixj  uif  *«■* 

thing  over  and  over  again,  and  c«iDJn)OAtt(}  f( 

could  not  be  a  shp  of  bis  memory. 

Hr.  SteeU  called. 

Scij.  Prv^^n,     J  d«tire  b«  may  iafbrai  pt^ 


1181] 


fi^  High  Crhnes  and  Mi$dememort.  A.  D.  1725. 


[1182 


lordships,  as  to  what  reputation  and  character 
Mr.  Bennet  was  of,  in  point  of  fortaoe,  when 
he  was  adiniuH  Master. 

Steele,  Which  of  the  Bennetsf 

Serj.  Prob^n.  Mr.  Tho.  Bennet. 

Stee/e.  It  is  near  two  years  ago  since  Mr. 
Tho.  Bennet  came  to  be  admitted  a  Master  in 
Chancery ;  hie  was  looked  upon  then  to  be  a 
paan  of  ^ood  subsUnce  and  or  good  reputation ; 
wmd  since  that  he  had  married  a  lady  of  a  good 
Ibrtune,  he  made  a  good  appearance  in  the 
^orld,  and  was  generally  esteemed  to  be  a  man 
«f  substance. 

Serj.  Probyn.  Did  he  keep  bis  coach  ? 

Steele.  I  ha?e  heard  so ;  1  don't  know  that 
■f  my  own  knowledge. 

Mr.  Plummer.  Jiy  lords,  if  the  counsel  hare 
Ane,  f  desire  to  know  what  character  Mr. 
ttennel  had  as  to  his  integ^rity,  whether  he  was 
■ccounted  an  honest  man  or  no. 

Steele.  My  lords,  I  nerer  heard  to  the  con* 
knry  in  my  hfe ;  nor  e?er  knew  any  thing  to 
sfte  contrary. 

Mr.  Walker  sworn. 

8eij.  Prohyn.  We  desire  that  Mr.  Walker 
ApQl  inform  your  lordships,  what  he  knows  of 
cfliy  proposal  or  agreement  for  the  repayment 
Wany  money  by  Mr.  Iliccocks. 

Walker.  My  lords,  Mr.  Hiccocks,  by  order 
Vthe  Court  of  Chancery,  was  to  be  examined 

rson  interrogatories,  whether  he  had  paid  oyer 
1  the  monies  and  securities  of  the  suitors  of 
m^  Court  of  Chancery  to  his  succchsor  Mr. 
nnet  ?  it  having  been  allege<l  by  Mr.  Bennet, 
%  tt  he  retaine<l  out  of  them  7,500/.     Mr.  Hic- 
ks did  think  (it  to  submit  to  the  payment  of 
Mt  money,  to  make  so  much  eood  to  the 
feitnrs  of  the  Court,  as  the  estate  of  Mr.  Bennet 
Muld  profe  defective  in  satisf^'ing,  as  appears 
'the  petition  delivered  by  him,  and  the  an- 
ver  to  tlie  |>etition. 

Mr.  Lutxcyche.  Wc  shall  see  that  by  the  pe- 
We  desire  thut  the  copy  of  the  petition 
••y  be  read;  they  are  giving  an  account  of 
^fltteu  evidence  :  1  desire  to  abk,  whether  you 
^i  not  concerned  as  clerk  for  Mr.  Iliccocks  ? 
^  Walker.  I  am  concerned  for  Mr.  Hiccocks 
^  his  solicitor. 

^  Mr.  Lutwyche.     Whether  you  had  any  au- 
rity  from  Mr.  Hiccocks  to  present  that  pe- 

HI? 

Walker,    I  had  authority  to  present  that  pe- 


Hr.  Lutwyche.  When  did  you  present  the  {le- 

f — Walker.  About  three  or  four  days  ago. 

'Iferj.  Ptngftly.     We  desire  to  see  what  the 

Ifelilioii  is.     It  hath  been  presented  since  the 

^tet  seal  was  in  commission :  read  it« 

(Mr.  Walker  reads  it :] 

^^  the  Right  Honourable  the  Lords  Com- 
nisaioners  for  the  Custody  of  the  Great 
Seal  of  Great  Britain,  the  Humble  Peti-  , 
TION  of  John  Hiccocks,  Esq.  late  one  of . 
of  the  Masters  of  this  Court,  I 

that  bjr  an  ocdar  of  tbt  99rd  of  i 


Feb.  hut,  apoo  the  affidavit  of  ThomaiBennety 
eaq.  your  petitk>Der*s  auoceasor  (who  sworv 
that  the  sum  of  7,500/.  part  of  the  mooicf  be« 
longing  to  the  soitors  or  this  Court,  did  remaio 
in  your  petitioner's  bands,  and  was  neFer  paid 
over  to  him,)  it  was  ordered  that  yoar  petitioner 
should  be  examined  upon  interroffatoriet,  whe- 
ther all  the  monies,  securities,  and  other  effects, 
belonging  to  the  suitors  of  the  Court,  were  de- 
livered over  by  your  petitioner  to  the  said  Tho- 
mas Bennet,  and  whether  vour  petitioner  kept 
away  any,  and  what  part,  by  him. 

"  That  interrogatories  bare  been  accordingly 
prepared,  and  your  petitioner  is  ordered  to  put 
m  his  examination,  or  stand  committed. 

<*  That  your  petitioner,  by  reason  of  his  in- 
disposition, is  not  in  a  capacity  to  put  in  his 
examination. 

*<  That  though  your  petitioner  did  pay  orer, 
satisfy,  and  assign  to  the  said  Thomas  Bennet, 
all  the  monies,  effects,  and  aecurities  of  the 
suitors  of  the  Court  in  vour  petitioner's  hands  ; 
and  the  said  Thomas  bennet  hath  given  your 
petitioner  a  receipt  in  full  for  the  same,  yet  so 
far  as  the  estate  of  the  said 'Thomas  Bennet 
shall  fall  short  to  satisfy  the  just  demands  of  the 
suitors  of  the  Court,  your  petitioner  is  willing 
to  pay  the  sum  of  7,500/.  into  Court,  subject  to 
the  order  of  the  Court,  so  soon  as  your  peti- 
tioner can  raise  the  same  ;  •and  your  peti- 
tioner is  willing  to  pay  the  sum  of  2,000/.  part 
thereof,  within  ten  days,  and  the  residue  thereof 
within  three  months,  so  as  the  same  (as  between 
your  petitioner  and  the  said  Thomas  Bennet) 
may  not  be  construed  to  extend  to  ease  the  said 
Thomas  Bennet's  estate  from  beiug  liable,  '\m 
the  first  place,  to  ans^^  the  demands  of  the- 
suitors  of  the  Court ;  but  so  as  the  same  may 
abide  as  a  security  toUnswer  any  deficiency  of 
the  said  Thomas  Bennet's  estate;  and  to  the 
end  it  may  appear  whether  there  will  be  any  de- . 
ficiency  or  not,  that  the  real  and  personal  estate 
of  the  said  Thomas  Bennet  may  be  forthwith 
sold  and  disposed  of;  and  in  the  first  place  ap- 
plied to  answtr  tho  demands  of  the  suitors  of 
the  Court ;  and  the  ratlier,  for  that  your  peti- 
tioner is  informed  the  said  Thomas  Bennet 
bath,  pursuant  to  some  order  of  this  Court,  by 
recognizances,  and  other  assurances,  subjected 
bis  whole  estate  towards  making  good  those 
demands. 

^\  Your  petitioner,  therefore,  most  humbly 
prays  your  lordships,  thkt  upon  payment  into 
Court  of  the  suid  7,500/.  on  the  terms  aforesaid, 
subject  to  the  further  order  of  the  Court,  all  fur- 
ther proceedings  upon  the  said  order,  fur  com- 
pelling your  p«*titioner  to  be  examined  upon  in* 
terrogatories  may  be  stayed.  And  your  peti« 
tioner,  &c." 

[He  reads  the  Order.]      *•  May  8, 1725. 

<*  Upon  payment  of  3,000/.  into  Court,  and 
giving  security,  such  as  Mr.  Holford  shall  ap« 
prove  of,  for  payment  of  the  further  sum  of 
4,.'>00/.  also  into  Court,  in  a  month,  both  suns 
to  be  subjoct  to  the  farther  order  of  the  Court  ; 
lei  all pcooeodiagB ibr  the compeUingtho poii^ 


IISS] 


10  GBOIGS  I. 


Trud  of  Ike  Earl  o/Macek^Utd. 


turner  to  be  emnined  ufen  tl»  wterrofiloneB 
iMibfc  the  ICiuler,  be  lUjHI.  Heteof  jfi?e  do- 
lice  foflkwilb.  •«  J.  Jiktlb,  C.  8. 

«« IL  iUnioiiD,  C.  8." 

Seij.  Pengelfy.  I  woald  be  glad  to  kDOvr, 
whether  we  can  rely  upon  thb  as  an  authenlic 
order.    Did  he  examine  it  f 

WMer.  The  original  Petition  and  Answer 
are  in  the  Register's  office,  to  draw  op  an 


Mr.  Lutwche,  Is  it  a  right,  a  true  copy  P 

Walker.  It  is. 

Mr.  LutwDvche.  Did  yon  examine  it? 

Walker.  Yet,  1  did. 

Cam,  Serf.  If  it  is  not  wholly  immaterial  to 
examine  into  the  circumstances  of  this  gentle- 
nian,  I  would  ask,  whether  Mr.  Hicoocks  is  a 
person  of  ability,  sufficient  to  make  good  this 
•nmf 

Walker,  My  lords^  I  don't  know  the  cir- 
cumstances of  Mr.  Hiccocks,  nor  his  riches.  I 
belieire  he  is  able  to  do  what  he  hath  proposed. 
I  believe  he  hath  paid  the  3,000/.  in  money  this 
morning ;  -  he  told  me  he  would  ;  and  he  halh 
proposed  security  for  the  remainder,  4,500/. 
and  I  believe  the  security  will  be  approved  of. 

Mr.  Lutwyche  If  they  hare  done,  I  desire 
he  may  be  asked,  How  long  ago  it  was  since 
Mr.  Hiccocks  was  ordered  to  be  examined  upon 
interroflfatories  ? 

Walker.  I  think  the  order  is  dated  the  29th 
of  February. 

Mr.  Lutwpche.  And  how  long  is  it  ago  since 
thisproposaiwas  made f 

Walker.  The  Petition  was  presented  the  8tl\ 
•f  this  instant  May.        / 

Mr.  Lutwyche.  Wa^he  Petition  presented 
before  his  examination?  When  was  it  an- 
■wered  P 

ITa/ArfT.  It  was  answered  the  8th  of  May.  It 
was  preferred  a  little  while  before.  I  believe 
two  or  three  days.  There  was  an  order,  that 
Mr.  Hiccocks  should  put  in  his  examination  in 
four  days,  or  staud  committed ;  thereu|K>n  this 
Petition  was  presented. 

Mr.  Lutwycke.  I  think  it  was  on  payment  of 
to  much  money,  and  giving  security  for  the 
rest,  that  all  proceedings  were  to  stay.  I  don't 
find  Mr.  Walker  can  say  the  money  is  paid,  or 
security  given. 

Walker.  Mr.  Hiccocks  told  me  the  3,000/. 
was  paid,  and  I  know  he  bath  offered  security 
fbr  the  4,500/. 

Mr.  Lutwycke,  One  or  two  securities  P 

Walker,  I  believe  only  sir  John  Duckworth. 

Mr.  lUchard  Mogert  sworn. 

Seij.  Probyn.  I  desire  he  may  be  asked,  what 
he  knows  of  the  payment  of  any  money,  or  the 
directing  the  payment  of  any  money  into 
Court  by  Mr.  Rogers,  the  late  Master,  in  satis- 
^icti<Mi  of  the  de6cieocy  of  Mr.  Kynaston. 

Ryten.  I  did,  my  (ords,  by  the  direction  of 
Mr.  Rogers,  the  late  Master,  preier  a  Petition 
aboot  the  latter  end  of  April  last,  upon  the  S8th 
•r  g^th  of  April,  to  IIm  oghi  Imwmi 


lords  eomoaissioners,  umd  tbevdhv  A 
giveareeogBixaaoeto  makegeoitst 
of  the  Court  any  sum  not  exceeding 
the  estate  of  Mr.  KyaaatoB  ehaold  p^ 
tive  in  answering  the  efltoa  pf  tie 
the  Court.     The  PeiitioB  io 


I  beHeve  they  dencn  to  pay  tlie  aiea 
Serf.  Pro^n^  Have  yoo  the  Petili 
Mr.  Luimpihe.  U  the  order  drawi 
Bogen,  The  Petilmi  ilKlf  I  ha 

band. 

[C/^/fc  reads:] 

«<  To  the  Right  Honourable  the  Lc 
missioners  for  the  Custody  of  the  < 
of  Great  Britain,  The  bumble 
of  WiLLUM  RooBRS,  coq.  late  o 
Masters  of  the  High  Coucfc  of  Ct 

<<  Sheweth  ;  that,  by  an  order  mad 
lordships  the  80th  of  Jannary  last,  i 
dered,  that  Mr.  Kynaston,  one  of  tb 
of  the  said  Court,  who  succeeded  y 
tioner,  should,  in  a  week,  deposit  th 
26,908/.  111.  3(/.{  in  the  Bank  of 
(being  the  balance  of  the  account  o 
and  securities  of  and  belonging  to  dive 
of  the  said  Court,  paid  into  the  hands  c 
Master  Kynaston  and  your  petitions 
default  thereof,  that  the  said  Mr.  1 
should  enter  into  a  recognizance,  in  tb 
of  63,817/.  with  two  or  more  sureties,  I 
and  pay  the  same  as  your  lordsbif 
direct. 

**  That  the  said  Kynaston  not  bat 
the  said  96,908/.  11^;.  5d.i  into  the  ! 
given  securitv  for  the  same,  as  the  si 
directed;  and  having  before  proposed 
satisfaction  of  the  said  26,908/.  111. 
assign  over  a  debt  of  90,850/.  owioi 
from  one  De  la  Hay,  for  the  benefit  o 
suitors ;  it  was  by  an  order  made  by  v 
ships  the  99t1i  of  January  last,  onfe 
the  said  Master  Kynaston  should  ass 
De  la  Hay's  debt  to  Mr.  Holford,  one 
the  Masters  of  the  said  Court,  for 
nefit  of  the  said  suitors,  and  should 
own  recognizance  for  the  said  36,9( 
Sd.^  in  the  penalty  of  53  817/.  And 
so  doinfT,  the  time  for  his  performing 
former  order,  should  be  enlarged  to  the 
day  following. 

**  That  by  another  order  made  tb 
February  last,  your  lordships  ordec 
upon  Mr.  Kynaston's  assigning  of  i 
debt,  and  upon  his  signifying  his  cons 
examined  upon  interrogatories  for  disc 
all  other  his  real  and  personal  estate, 
the  same  might  be  assigned  and  coo 
the  said  Master  Holford  in  trust  for 
suitors,  the  time  for  performing  Um 
order  should  be  enlarged  to  the  Wcdee 
towiiig. 

•*  That  pursuant  to  the  said  erdcr, 
John  Kynaston  assigned  oyer  the  w 
Hay's  diebt ;  but  the  seme  not  hmgi 
toaoifrertlieiMdnuB  •f  IMOILH 


I185J 


^T  fflgh  Crimes  and  Misdemeanors. 


A.D.  1725. 


[\\m 


Vkbolac  Pa^xtoot  solicitor  for,  and  on  behalf  of 
ifus  luilori  of  ihc"  laid  Conn,  on  the  l^th  of 
iPi^ntary  Usl,  preferred  his  (jetitiao  to  vonr 
lildiblpt  Mltinj{^  forth  iIn'  »iLV^i-n]  proceeffiiigii 
lfbt%94iid;  and  UtAt  it:)|  Mr.  Kynii!^ 

io's   ftffidiivit,  thai  61  ;     1   of  the  said 

U/,  llf.  iid,  \^  wa$  reutneil  by  your  it^ti- 

er,  at  the  time  your  [*ctitioncr  surrendered 
lid  iifhce  to  X\m  aiud  >Ir.  Kynaston  ;  and 

I  the  same  still  r«*roained  in  your  |K?tihon€r*s 
JMndt :  it  was  therefore  prayed,  tlnit  your  (»e< 
jttinner  rxiif^hl  forthwith  pay  the  same  for  the 
Lpeiit  ot  the  aaid  suitors^  or  to  «uch  person , 
■  in  iuch   miuiaer  as  your  lordships  should 

**  That   upoti  hearinijr  the   said    petitioner 
\  the  i3d  of  Krhruary  lost,  your  lord«hrpB 
pl«iaid  to  order  your  petitioner  jihould  he 
vith  fctpit  tlv  eiamined  before  Mr.   HoU 
^  ojit  'liters  of  tlii«  (?ourl»  ithether 

bo  in  urttiea,  and  etfeciH^  belonging 

he  aaid  smionr,  were  dt^lirered  oTer  by  your 
|lionerto  the  iaid  Mr.  Kynajrtun,  and  whe- 
he  k«pt  tuiy,  and  what  part  thereof  by 

I  That  in  puratiance  of  the  la«t  order,  inier- 
Itorieii  have   bet-u  exhibited  for   the  exu- 

atioD  of  your  petitioner ;  iind  Ih  ca^e  your 
|ioner  »hould  put  in  his  cxaminaiion  tlteVeto^ 
'oybia  not  but  it  would  a[>pe&r  that  your 
r  bath  acial  with  ^^rcat  juaiice  towardu 
Fitid  Mr.  Kynanton,  uod  thai  Mr.  Kyoas- 
iou^hs  to  tiiiswcr  und  make  t^^^^d  the  iai<l 
[)/.  to  the  auttors  of  the  it:ii"l  rnurt ;  how- 
jr,  your  petitioner  bein^  u  hat  nny 

if  tli*j  iluficiency  In  ti»t  ut  Ky- 

-  should  be  imputed  to  yonr  pe»i* 
t  liie  suitors  oi  the  Court  should 
*f>ul  10  any  expence  or  trouble,  in  making 
fcjr   further  enquiry   toochinjf  the  said  (S^CJOoJ. 
>«jr  pHitiarK^r   is  willing   (if  your  lordship* 

II  tliink  fit)  to  ffive  hivoi^n  recojfnizanoe^  or 


od  and  %u' 
r  one  of  (I 

[  or  perRoiu*  ah  your  iri 
swer  and  make  gooil  to 

Dy  s^t—   rr"*  -»•'•"-. ! 

ietr 

of  ^.i...,.,..  ...^ 
,  which  he  wa«  ordered 


l»e  upprov^d 

Hurt^  to  i^nch 

'    11  direct 

of  I  his 

OS  the 

' 'n  shull 

.j^i  \U, 

to  df'iiojitt  in  the 


of  Enp-Liiiil  us  nfnrexnid  ;  or  if  \{iiix  lotd- 
for  the  beneiii  und  $e. 
'^K,  tbjt  your  piMitioner 
tp^tXXj/.  I iitt»  Court,  your  peiitiuoiT 
'  loiif  ra  such  yum  for  the  purpose 
Kiirtii^  SI  reasonable  time  allowed  him 
f^ii  inme. 

iierefon?  at  it  \n  not  pretended 
looer  has  paid  and  delivered 
>ii     K  vimiton  all  the  mnncy  and  se- 
eJonifin^  to  the  auiturs  oi  thi^  Courts 
t«rv  in  your  petitioner's  haudtat  th« 
mhmsk  iic  aurreiidrred  his  said  offlct  ta 
Mr.  Kynaiton,  except  the  nttn   of 

'  Petitiooer  humbly  prayayncif  lord* 
\  ht  pWutd  t»  nak*iQ«h  Ord«f  in  th« 
XVI, 


premiaes,  as  to  your  lordidiina  shall  seem  meet }  J 
and  that  in  the  mean  time  all  pruceedingv  upoal 
the  said  order  of  ihe  23d  of  Pehruary  last,  foH 
escamining  jour  petit  it  loer  upon  inUnrt»gatone8|| 
may  he  stayed.     And  your  Felitiooer,  &<?,"    ' 

[The  Clerk  reads  the  Order,]      Aitril  29. 

•*  Upon  the  petitioner's  paying  the  sal4] 
6,0O0i.  inloCfiurt,  subject  to  the  farther  Order  1 
of  tliitt  Court,  let  all  proct'edings  upon  the  said  ] 
Ordrr  of  tlie  '/.Id  or  Fehruary  last,  for  tiJi- 
mining'  the  petitioner  upon  inierro^^iitni  it'S,  l^ttj 
stayed.     Hereof  give  noiicc  fortliwith. 

*♦  JEtr    ClLDEJlT,  C.  S. 

*'  K.  Raymu!Hu,  C.  S/* 

There  was  another  Petiiioa  preferred,  but] 
Defer  aaawered. 

'*  To  the  Right  H  ouo arable  the  Lonl  v  <" 
sioner*  tor  the  Cuistody  of  the  1 
of    Great   Britain*— The   Uumbif'    iiri- 
TioN  of  VViLLUM  HotiEas,  esq.  late  otnij 
oft  lie  3  tasters  of  this  Court. 

*•  Sheweth  *,  that  Mr,  Paxton,  (in  behalf  \ 
the  suitors  o[»on  Mr,  Kynaston  being  26,908(.l 
1 1f*  3c/.  J,  deficient  in  his  accounts  to  a nsAverl 
the  suitorti'  monies  in  hii  hands^)  havioj^^by  hill 
I  Vt  it  ion  to  your  lordships,  represented  (intfA 
uliti)  tliat  your  petiiiouer,  upon  siurreoderingl 
your  petitioner**  office  to  bfm»  detained,  and] 
still  hntlij  iu  his  hiindsi  the  sutn  of  6,tK)0/. 
the  said  suitors^  money  ;  your  lordships,  uponj 
hearingf  the  said  Petition,  on  the  23rd  ofl 
February  last,  were  pleased  to  order  your  r>ett-l 
tiouer  should  be  examined  before  Mr.  Holror«!|l 
otieof  the  Master*  of  this  Court,  whether  aJil 
the  monies,  securities,  atid  effects  l>elcjnging  ti»| 
the  said  suitors,  were  dolirercd  ^ovtrr  by  you 
petitioner  to  the  said  Mr.  Kymiaiton  ? 

*•  That  your  petitioner,  on  the  29th  day 
April  list,  preferred  the  annexed   Petition   1^1 
your    lordsl)ip!$  \     and    your    lords'hips    M^t^yj 
iliereu|K>n,  pleased  to  make  theUrderthereunt©] 
iukiacribed. 

'•  That  your  petitioner  is  informed,  the  1 
Mr.  Kytinston  halh|  pursunut  to  a  fortni^r  Ordfl 
wf  your  lordsbip9,    by  rw^ogitizance  and  bs-| 
KuranceSt  stihiected  VVis  whole  estate  towards^ 
making  good  his  said  deficiency. 

"That  your  petitioner,  upim  «urrendenn| 
Itia  oflTice,  received  from  the  said  Mr.  Kjnasiton 
projier  di«chftrgcg  for  all  monies,  Hecurities  and 
effect*  of  the  said  suitom,  then  in  your  peti* 
tioner'^  handfl,  which  your  petitioiur  i«  vtadj 
lo  priMluct!  and  prove :  and  the  said  Mr.  Ky- 
na)»t<m,  frucn  that  time,  never  prrtrnded  bu 
that  the  ar.  "  '      ^        '    1  tainc 

A  full  nccf  '  d  se 

cnritietiol  "*  mu-  vwati   .».  ,iiurpe* 

liiicmer's  ^  ^ '^pt   the  sum  of  I  Of.    or 

ihcreBboui*.,  ..  .,.^..  >our  petiltoner  Wiit  alwayt  ^ 
nady  to  |>ay  hiin»  provided  he  would  hav« 
g^iven  your  petitioner  an  account  whereto  tht 
said  omission  ur  mistuke  cooslsied  ;  and  voqr 
petitioner,  npitt  exaniination  of  hta  toncberf, 
found  the  tame  tP  tie  true  \  hut  th«  a^nl  Mr,  K y- 


1187] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maedetfield, 


[1188 


naslon  halb  hilherto  negrlected  so  to  do,  thouj^h 
your  petitioner  hatb  seui  to  biiii  several  times 
tor  that  piirfiose. 

**  That  jour  |H'titioner,  upon  the  terms  men- 
tioned in  the  annexed  Petition,  is  willini;  to 
pay  a  ready  obedience  to  your  lordships'  Order 
thereupon ;  and  for  that  purpose,  novv  humbly 
offers,  in  six  da^'s  time,  to  pay  2,0U0/.  |)art  of 
the  said  6,000/.  into  Court,  subject  to  the  far- 
ther Order  of  the  Court,  so  far  as  may  be 
necessary  to  make  good  any  deficiency  to  the 
suitors  of  the  Court,  which  Mr.  Kyuaston's 
estate  shall  not  be  sufficient  to  answer. 

**  yVnd  your  petitioner  humbly  prays,  he 
may  have  a  month's  time  to  pay  m  the  re- 
niaininj^  4,000/.  (your  {petitioner  k^injr  obli<fed 
to  i)orrow  the  same  on  his  estate)  and  that  all 
proceeding's  on  the  said  ordcT  of  tlie  'i3d  of 
February  last,  ai^aiiist  vour  pi'titioner,  may  in 
the  mean  time  be  stayed :  and  your  petitioner 
further  humbly  prays  your  lordships,  that  the 
said  Order,  made  by  your  lordships  on  the  20th 
of  April  last,  may  be  so  far  exptaiiiod,  that 
as  between  the  said  Mr.  Kynastoii  and  your 
|)etitioner,  the  same  may  not  be  construe<l  to 
extend  to  ease  the  said  Mr.  Kynabton's  estate 
from  bein^  liable,  in  the  first  place,  to  answer 
the  demands  of  the  suitors  of  the  Court ;  or,  if 
all,  or  any  part  of  the  said  6,000/.  shall  be  ap- 
plied for  tliat  purpose;  that  your  |ietitiouvr 
may  then  stand  m  tlie  place  of  the  suitors  of  the 
Court,  to  have  satisfaction  out  of  the  estate  of 
the  said  Mr.  Kynastou,  for  all  or  so  much  of 
the  said  6,001^/.  as  shall  be  so  applied ;  and 
that  the  said  6,000/.  so  to  be  deposited  by  your 
petitioner,  or  any  nart  thereof,  may  notue  ap- 
plied towards  maKinfj^  good  the  said  Mr.  Ky- 
naston's  deficiency,  till  af\er  sale  and  disposal 
of  all  the  said  Mr.  Kyoaston's  real  and  per- 
sonal estate  for  that  pur|K>tie.  Aud  your  peti- 
tioner shall  ever  pray,  &c." 

Serj.  Pengelly,  Is  there  any  Order  upon  this? 

Rogers.  This  was  never  answered. 

Mr.  Lntieyrhe.  If  they  have  done,  I  desire 
he  may  be  asked,  if  he  hath  given  any  notice 
to  the  solicitor  of  the  other  side,  of  the  Order  on 
the  first  petition  ? 

Rogers.  I  did  acquaint  Mr.  Paxton,  that  1 
had  such  an  Order ;  but  I  did  not  serve  it  u^ion 
him. 

Com.  Serj.  I  desire  to  ask  you,  Whetiier, 
when  you  told  Mr.  Paxtou  of*  it,  be  insisted 
upon  a  formal  service  ? 

Rogers.  Mc.  Paxton  said,  Let  it  be  done  as 
soon  as  possible. 

Com.  Serj.  What  answer  did  you  give  to  Mr. 
Puxton,  when  he  desired  it  might  be  done  as 
soon  as  possible  ? 

Rogers,  1  told  him,  I  was  raising  the  money 
by  direction  of  Mr.  liogers. 
'  Com.  Setj.    I  ask  you,  If  you  had  any  direc- 
tions from  Mr.  Rogers,  for  the  payment  of,  or 
tor  raising  the  money  'f 

Rogers.    Yes,  1  bad.     1  believe  it  will  be 

Kid  in  a  day  or  two.     I  can't  directly  say  what 
y.    Such  a  turn  is  not  immedUaefy  raised. 


Com.  Serf,  I  desire  be  may  be  asked,  \Vhc» 
tber  there  is  any  reason  to  doubt  of  his  ability 
to  raise  the  money  ? 

Rogers,  1  believe  be  ji  able  to  give  a  scoh 
rity  ;  but,  as  be  lives  iu  the  counlrv,  be  m 
not  be  able  at  present  to  pay  so  much  moaa, 
but  he  is  now  in  towu,  and  eudeavonriafi 
raise  the  money. 

Com,  Serj,  My  lords,  we  beg  leave  to  ol 
two  or  three  gentlemen,  %vith  respect  to  Xr. 
Thomas  Bennet,  what  he  hatb  said ;  and  ibt 
be  said  be  was  able  to  pay  all  the  rest  of  tk 
money,  if  Mr.  Hiceocks  would  pay  S,O00iL 

Mr.  Holford  called. 

Serj.  Frobyn,  My  lords,  we  beg  leave  k 
begin  with  Mr.  lloltord,  and  to  ask  Tiia.  *fe' 
tber  he  was  not  employed,  or  couceroeil  »i 
friend  to  Mr.  Thomas  Bennet,  to  go  to  Xr. 
Iliccocks,  and  what  proposaU  he  was  tomb 
to  Mr.  niccocks? 

Uolford,  Presently  after  the  article  wai^ 
livered  iu  by  Mr.  Thomas  Bennet,  relaiio;  M 
the  money  he  said  was  iu  the  hands  of  permi 
of  ability  and  substance,  to  the  judges  aiiii|ft* 
tiemen  of  the  Bank,  Mr.  Bennet  did  wai  a 
me,  to  desire  1  would  speak  to  Mr.  HionKk^ 
that  if  he  would  pay  him  but  2,000/.  be  «odl 
pay  the  remainder  of  ttie  money.  1  diti  i* 
much  care  to  undertake  it ;  but,  npos  s«flC 
importnnity,  I  did  go  ujion  tlie  said  mrsn^i 
and  it  was  tiiis,  that  he  desired  me  to  tell  Ml 
Hiceocks,  that  if  he  would  pay  him  back  3,MML 
he  could  or  would  take  core  that  the  re^tibntf 
be  paid,  and  Mr.  Iliccocks  should  not  betm* 
bled  about  the  remainder. 

Serj.  Probifti,  I  desire  be  may  be  isU 
Whether  he'kad  any  discourse  with  Mr.Tb*- 
mas  Bennet,  concerning  what  passed  bettta 
him  and  Mr.  Hiceocks  F 

Holford.    31r.  Hiceocks  told  tiie 

Mr*.  Lutzcyche.  That  is  no  evidence. 
Holford,  J  am  only  relatine  theaosvcrb 
returned  to  my  message ;  w  hich  w  as,  tliat  &• 
Bennet  had  given  in  that  Article,  and  U«i(^ 
his  name  in  question,  without  ever  acqiuiiMf 
him  of  it ;  and  therefore  he  would  Devtf  ki* 
any  thing  to  do  with  him.  I  did  give  hiulh^ 
answer,  and  never  troubled  myself  spy  fi0 
about  it. 

Mr.  Lutvjfche.  I  desire  Mr.  Hoironl  aw' 
recollect  the  time. 

Holford.  I  believe  it  was  the  next  dayifi' 
be  had  c:iven  in  that  Article. 

Mr.  Lutwyche.  I  think  they  call  tbix  «ilB* 
to  prove  a  contradiction  iu  Mr.  Benmi.  Vfj 
Holford  says,  He  said  he  was  wilhug,  lK«i<* 
take  care  the  rest  should  be  paid.  1  dean  ^ 
know,  w  hether  he  declared  he  had  tlie  BfliQ 
to  pay,  the  money  in  his  own  hands? 

Holfoid.  No,  my  loi-ds,  I  can'i  say  hclvl 
me  so. 

£.  of  Mace,  I  desire  to  ask  him,  IfV 
Bennet  did  not  expressly  tell  him,  I  bat  be** 
able  to  pay  the  money:  or  if  Mr.  Hsl^ 
would  have  gone  upon  the  errand,  withoothMf 
satisfied  that  he  waa  able  to  pay  thea«My^ 


1 1 89 J  fat  High  Cnmes  and  MUdemeanon, 

\Mt*lfo*'d.    51  r.  Hlccurks  win   my  old  ac* 

•nre  an*!  frinul,  I  tin  J   nt>t  intend  to  iJe- 

^  bitit  ;    if  I  iiui)  ni>l  betic'veil    ivlmt   Mr. 

t  SAtil  tfi  tie  tniL',  aticl  iIiai  Ut*  coiiM  ii»;ike 

rhat  lie  at  that  time  simu  rnc  tf»  i)i»?ii"e 

liccocksliijircqii,  t  urMil-l  not  have  tforie 

F^it  ifrriiuil  lo  lilm 


A.  U.  1725* 


(1190 


Mr.  ThurUy*n  Lijj*ni. 

f8erj,  Proh^n.  Hfy  lords,  w<*  il4>sire  Mr. 
itumtuii  tnnv  tiirorm  ^'our  loriUtiips,  whul  h<; 
dill  li«*aril  ^Ir.  ThutiHin  Brnrii-t  sjiy»  in  rrk* 
I  to  Mr,  Hiccocki<»  abuut  tii»  i^&ymg;  ^ack 

Thunton.  I  ila  rememb^^r  Mr,  Thomas  Ben- 
lahl  mr,  siiitl  I  think  I  was  fheii  Mining  in 
''      ntficK,  lltat  it  Hit!C»ckH,  (»^  J  ibitik 
,  lu  w»<)  woiiM  |»fty  bimluick  ?,0(X>r 
k^kc  up  the  1<^^t  lnini£i*{r« 
lljerj.  PrabifH.     1  ifenirc  ^Ir.  Thurston  to  eJC- 
*  ^ilitiiddt,  whethtf  he  t;ipii^tt«fil  himst'M'  io 
KiiutT  that  Mr.  Thuratoti  aj|i|irebeii(le4) 
t  ohle  to  <]o  it  ? 
%unton.  \  raiiH  sucar  ciilicafly  to  th(^  lait 
rtls,  ihiil  be  i^oubJ  ms^ki' up  llie  rest  him- 
tlf;  but  he  fipdke  m  such  words,  that  I  un- 
Btood  be  meant  6o  ;    that  was  the  si*use  of 
use  words,  us  I  bave  delivered  it  aow  to  your 
j!»hip%. 
I  Berf.  Pmht/n.  Had  yoti  any  dUcotirse  at  atty 
ytcr  time  wuh  Mr,  Thoma&  U^'niict  nbmu  it  j^ 

Thurston^  i  ladieve  1  liiid  some  discourse 
|ilh  Mr.  ThomuM  Beom^t  at  anoiher  time; 
-'  "I  biui,  why  he  would  not  pay  in  ai 
bad  undeWakeUf  if  Mr.  liiccocka 
,  ,  .i;ii  a^OOOLr'  The  ri'plv  he  gave  ine 
9,  AW  he  hftd  in  the  world  woufil  nut  doit* 
Serj.  Prvbyu.  I  desire  ht*  mov  be  asked,  if 
^  had  any  diicourxe  with  Mr,  iliorons  Bfn- 
l  it  any  time,  about  his  uhility  to  pay  ibis 
Niey,  i*r  wbeiher  be  woji  able  to  {imy  it  ? 
iThuriton,  1  had  no  discourse  with  Mr,  Tho- 
Brimct  directly,  of  bis  abUity  to  pay  in 
t  tuiujey,  when  ibese  sccAmfii*  were  calltMl 
hut  i  dfi  retn<*ndifr^ti|  ;m  i^  lime,  be 

t  talkin>{  id'  tliccockfi's  i>  wi  money 

way   of  rttainer  i    expiaiiini^    i^ie   reasuQ* 
he  paid  for  the   place  tiiai  he  bought  of 
ccockn  out  of  the  suitiufi*  money,  tliat 
^he  most  cum pendioui  methi>d  ot  doitii^ 
"^rase,  and  prevented  tbe  irouhte  of  mort- 
>  bistfKtattr. 

.  Prvh^n*    Did  he  say  aov  thing  in  eaae 

>  I  ]  whether  be  should  leave  tuttidtui 

I  r" 

Vkartian.     He  said  at  that  lime,  if  be  died, 

would  he  esiote  sufficient  to  answer  it ; 

ilur9  be  had  the  le«s  occasion  to  trouble 

tif  141  rmiie  tlie  (iiani^y,  but  to  pay  ii  in  the 

if  '  '    '  M'       i      ait!*!, 

w  him,  If  Mr. 
t  r\pi}uiif^o  lit  mm  in  u iiai  manner  the 
'  was  to  be  raised  to  mike  gtiod  the  deti* 

art ii^ii.     He  did  not  at  all  ejtplam  to  me 

be  «t«»  tu  rs«*e  il. 

,  Plimmtr*  I  deairt  ta  lak  you  more  par* 


tii'ularly.  Whether  be  mentioned  to  have  in- 
stirfd  any  money  upon  hi:*  UfeP 

ThHr%ton.  Not  ai  ttiHt  lime»  as  1  rememlK-r  ; 
1  have  beard  bun  at  (Uber  tiiites  tnlk  of  iuxuring 
money  on  his  life. 

Srrj,  Pfjti^tdt/.  When  was  the  first  trme  that 
>lr,  HMjnet  lold  you,  ihut  rf  Mr.  Htc^-ocks 
would  pay  htm  *i,600^  be  would  make  up  the 
rest  bimaelf  ? 

Thurston,  My  lords,  1  cau*t  remeniher  dig* 
tinctly  the  time,  never  hntini^  imagined  1 
>»hould  he  catlfd  upon  to  ri'pt*at  il  on  this  occa- 
sion ;  btii  it  tniiht  neccs^sarily  he  after  the  ao* 
compts  were  g'iven  in  before  the  judgt-s.  I 
can*t  exactly  remember  the  timei  or  day^  or 
uevk. 

Mr.  Etde  calleil  again. 

Seij.  Prvhun.  My  lords,  wedL-isire  that  Mr. 
£1de  mny  itifurm  your  lordnlupK^  witat  dia- 
courKe  he  had  with  Mr.  Beniiet,  in  idntion  to 
the  money  in  Mr.  IIiccock&'$  hands? 

Eide,  iSome  small  time  alter  1  bad  given  in 
my  accontpt,  1  siiw  Mr,  Benn«  t ;  and  he  came 
up  to  me  and  said.  That  it  wiis  hard  that  be 
could  not  havf  any  money  from  Mr.  Hiccockt. 
He  said,  if  he  would  pay  him  2,000/,  he  would, 
or  could  pay  the  reat.  I  do  not  remember 
which. 

Ser}.  Proitf/n.  Wlietber  be  ihiok*  he  nii^lit 
have  been  ahic  to  pay  it,  if  he  hud  thought  Ht.^ 

EUe.  I  know  nuibing^  of  Mr  Benuei's  cir- 
ciitiistancf's  ;  i  am  iks  liUle  actpiatuted  with 
him,  US  with  any  I  must  neces«urdy  have  cor« 
rei^pondencc  viitU. 

Serj.  ProbiiH.  My  lords,  we  shall  not  trouble 
your  lordships  xiith  any  lartber  evidence  on  the 
Ittb  Article^  in  which  ^e  think  we  have  suffi* 
ciently  contradicted  Mr.  Tliumas  Bennet,  us  to 
the  cnurij^e  be  balh  made  on  the  nohle  lord. 
As  to  the  IQih  Article,  tlial  principally  ndati-a 
to  that  part,  thai  the  purchaae'  money  was  paid 
uut  of  the  suitors*  money  ;  that  is  a  fuct  that 
lies  upon  the  ^entWraen  of  the  House  of  Com- 
mons to  prove  :  it  is  impossible  for  us  to  prove 
a  nefifuiive,  they  are  to  prove  the  affirmAtive, 
and  Ibey  ha^e  not  attempted  to  provr  it  by  any 
witoe»,  hut  by  Mr.  TlMimav  Ben  net :  now  this 
bein^  a  fact  that  reMts  ruUrely  upon  Mr.  lien- 
net**  evidence,  we  submit,  whether  your  h»rd» 
ships  can  brlieve  any  thin^  upon  ttte  credit  of 
his  testimony  f 

Cow.  Strj,  My  lords,  We  humbly  apprehend 
the  gentlen»en  ol  the  llou^  (>f  Commons,  by 
joifiiujf  tltese  two  Article*  toireth<!r,did  it  as  if  they 
were  there  the  saiue,  and  did  depend  u)h>ii  one 
another  :  W^i  uidcsif  the  matter  ni  the  1  lib  Ar* 
tide  be  estabtished,  vibat  was  done  ou  tlie  12tl 
will  be  of  no  i^rrat  significaocj  ;  lor  if  peraon 
of  i^oud  ability,  who  are  responsible  iiud  t^t  to  ' 
anitwer  the  money  that  coiner  to  ihck  haudSy 
tie  admitted  to  be'Masters,  it  is  not  very  mate- 
rial tf  licther  the  forms  of  iratisierrm|{  in  like 
trausactioui  of  that  nature  are  strictly  pucaued 
Or  no ;  because  the  iK^rs on  heiiiy  tumiSieDt  and 
reepouiibJe,  wdl  anvwar  ihM  mon^jf  fbat  is  av 
dctaiued.  1  choose  to  caU  iheia  fuiuMi^  1^% 
1 


1191] 


10  GEORGE  I. 


Trial  of  the  Earl  ofMaedeMfidd^ 


[1193 


with  submissioD,  if  we  examine  them,  they  are 
forms,  and  iiothingf  else :  whether  they  take 
all  the  money  from  the  preceding^  Matter,  or  re- 
place with  the  successors'  own  money  what  is 
detained  by  the  predecessor,  it  comes  to  the  self 
same  thinic,  and  are  only  different  forms  or 
methods  of  pay  ment.  Upon  the  w  hole,  we  ap- 
prehend, we  have  established  our  answer  to  the 
11th  Article;  we  think  the  other  followa  of 
course ;  and  that  there  is  no  necessity  to  give 
TOur  lorilships  any  farther  trouble  on  this  head ; 
but  that  the  noble  Earl  will  stand  clear  as  to 
any  accusation  on  these  two  Articles. 

Then  all  persons  concerned  in  the  Impeach- 
ment, were  directed  to  withdraw ,and  then  the 
House  adjourned  to  teu  o'clock  tSe  nest 
murninjj^. 

The  Seventh  Day. 

Friday f  May  14. 

The  Lords  being*  seated  in  their  House,  the 
Serjeant  at  arms  made  proclamation  for  silence ; 
as  also  another  proclamation,  that  all  persons 
concerned  were  to  take  notice,  that  Thomas  earl 
of  Macclesfield  now  stood  upon  his  Trial ;  and 
they  might  come  forth  in  order  to  make  good< 
the  Charge. 

L.  C.  J.  King,  Mr.  Serjeant  Probyn,  you 
may  go  on. 

Mr.  Strange.  My  lords,  we  who  are  counsel 
for  the  noble  Earl  within  the  bar,  beg  leave  to 
proceed  to  his  Defence  against  the  13th  and  14th 
Articles  of  the  Commons'  Charge. 

My  lords,  the  facts  contained  in  these  two 
Articles,  are  laid  to  be  done  with  a  view  of  con- 
cealing a  deficiency,  that  had  happened  in  the 
office  of  Mr.  Dormer,  a  Master  of  the  Court ; 
upon  whose  failure  it  is  charged,  that  there  was 
a  total  neglpot,  either  to  secure  his  person  or 
effects,  or  to  enter  into  any  enquiry  into  (he  de- 
ficiency :  and  that  although  the  state  of  tltifi  af 
fair  wns  fully  known  totheearl!of  Mace  I'sfield, 
yet  a  declaration  was  afterwards  made  in  ojien 
Court,  that  Mr.  Dormer  was  only  gone  into  the 
country  to  take  the  air ;  that  he  would  return 
again  in  a  little  while,  and  all  would  be  well : 
and  that  in  farther  prosecution  of  this  endeavour 
to  conceal  the  deticiency  in  Dormer's  offices,  a 
precarious  and  trifling  en n position  was  ma<ie 
with  a  creditor  of  Mr.  Dormer's ;  a*id  this 
wuhout  an V  notice  to  the  suitors  of  the  Court. 

My  lords,  I  shall,  for  mv  p»rt.  confine  my- 
self  at  present  to  these  two  Artii  Icsonly,  reserv- 
iuv:  any  thing  I  may  have  to  offer  in  general 
to  the  'close  of  the  defence  ;  but  before  I  pro- 
ceed to  obderve  upon  the  evidence  brought  to 
support  the  Charge  foiitained  in  these  two  Ar- 
ticles, it  will  be  prop«*r  to  take  notice  to  your 
lordshipK,  that  tiie  honours b  e  Maiiagers  for  the 
House  of  C'kiurnons,  have  not  offered  oof  tittle 
of  pifiiif,  as  t  <  the  declaration  pretended  to  he 
madt*.  relating  to  Mr.  Dormer's  being  gf»ne  to 
take  the  air,  though  they  were  pleased  to  eularg« 
upon  it  in  tlieir  opening;    but  we  have  the 


I  satisfactioD  to  know,  that  we  are  before  your 
loi-dship«,  who  are  incapable  of  meiving  aay 
impressions  from  facts  that  are  barely  opeao^ 
and  not  proved  ;  and  therefore  we  rat  asserdl 
that  ilo  weight  will  be  laid  upon  thia  Girc«» 
stance,  since  no  evidtnoe  haa  been  prodncfda 
support  of  this  part  of  the  Cbai^. 

My  lords,  as  to  the  other  onatteri  oontaiiri 
in  these  Articles,  we  humbly  hope  to  rive  jw 
lordships  abundant  satisfactioD*  in  Ae  itUt 
Earl's  behaviour  on  that  occaaion ;  that  all  ihi 
proper  steps  were  taken  to  aecure  die  intercitrf 
the  suitors ;  and  that,  if  there  atill  remains  a^ 
deficiency,  it  is  not  to  be  imputed  to  any  negM 
of  the  noMe  Earl  within  the  bar. 

Yonr  lordships  were  pleaaed  to  observe^  a 
the  course  of  the  evidence  prodoeed  by  ik 
honourable  Managera  for  the  Hooee  of  0^ 
mons,  that  Mr.  Dormer's  fiulore  bapMirf 
about  Christmas  1790.  My  lorda,  it  wa.  ihg 
that  time  that  Mr.  Wilson,  who  had  brg^cftci 
of  Mr.  Dormer's  in  hit  hands,  atopped  pajBMl} 
which  unfortunately  obliged  Mr.  Dormer,  «itb> 
out  the  knowledge  nrsuapieion  of  any  OM,a 
retire  himself  to  Holland ;  and  aiMMi  dm, 
notice  was  given  of  it  to  Mr.  Cottinflrfaam,  afci 
immediately  acquainted  the  e#rl  of  Macd» 
field  with  it. 

Upon  thift,  my  lords,  no  time  was  lest;  fii 
the  two  senior  Blasters,  Mr.  Hiceoeka  and  Hr. 
Rogers,  were  appointed  to  enquire  into  Mr. 
Dormer's  affairs :  his  chambers  wen  amwbti ; 
the  transfer  of  any  stock  in  the  pnblie  fmk 
wa&  stopped  ;  and  all  emlearours  used  le  its' 
cure  a  full  satisfaction  for  the  suitors  ofm 
Court:  hut,  my  lords,  though  these  mdM 
were  very  proper  to  prevent  the  embecsliBrif 
Mr.  Dormer's  efTecla,  yet  jk  our  kirdshi|«w3 
readily  |>erceive,  that  no  ste|is,  that  oooU  h 
taken  whilst  Mr.  Dormer  was  on  the  others^ 
*  of  the  water,  could  be  in  any  degree  cfbcttd 
totvard^  the  payment  of  his  debts. 

And  therefore,  my  lords,  it  was,  that  o^* 
proposal  of  Mr.  Dormer's,  to  come  over  sot)  dji* 
cover  his  effects  for  the  benefit  of  the  suiimfiii 
case  he  might  be  assured  of  his  liberty,  soil  ad 
to  be  leA  to  die  in  a  gaol  in  his  o(d  a<e(ii 
himself  expreMPs  it),  the  noble  Earl  wiibioik 
bar  was  prevailed  upon  to  give  him  those  SM- 
ranees ;  but  upon  condition,  that  he  made  a  tfi 
discovery,  and  assigned  over  all  he  had. 

Suppose,  my  lords,  the  proposal  had  not  bM 
complied  with,  would  the  suitors  have  bH>siB 
a  better  conda ion  than  they  now  are  io?  TV 
person  of  Mr.  Dormer  was  out  of  reach;  tki 
stock  could  not  he  ii'ansferred  without  bis  pt- 
sence  or  consent,  nor  «%ere  there  any  meaus  > 
procure  it  under  these  cirrumstonces,  witbid 
some  compliance  on  the  side  of  the  noble  Eid' 
To  sav,  mv  lor:l8(and  it  was  only  said,)  that  Dt 
Eddishurv  s  person  was  secured,  is  in  my  ba0* 
biy  Rppr»liensi«io,  an  arifument  of  noesifkl 
in  thn  cmae,  since  it  does  not  appear,  ibai  bi 
wa.s  out  ot  the  nach  of  the  Court  brfiHebii 
f.iilui.",  and,  I  am  penNiaded«  the  giuth— 
«»iio  mentioned  this  inttanre,  don't  drMtt 
hare  it  thought,  thai  tiMMble  IvdyVbi  *i 


1 193] 


far  High  Crdkeii  and  Mitdetneanort, 


A.  D.  1725. 


[1194 


|ir«!«i<lF(l^  WM  capttblo  of  i^  great  a  breach  of 
toith,  m  lo  iJeprive  him  of  hit  ltb«rly  Af\er  a 
protniitetfl  ibecontrmry  :  it  iniiftt  bcsubuiittcd. 
^  "  liwn  to  your  lor{Jihi[>8,  whether  the  coia- 
l|^  a  man  in  th«*  power  of  the  Couri,  was  • 
lent  that  ct'uttJ  be  toitowed  io  Uie  Cftfte  of 
r.  Donuer. 

My  lunt«i  to  Aiiish  this  piirt  of  the  defence 
not  iwcitriR^  the   person  of  IVlr.  Dormrr,  I 
mil  beg  loAve  outy  to  observe,  thut  though  it 
illr^ed  io  the  Articles,  autl  was  inaistctl  on 
the  op^niog  ftml  HUiuoiirig  up,  Uiat  fipiilica- 
m  was  made  to  th«  earl  of  IVUcclesAeld  for 
purpose,  yel  the   honourable    IVfanager^ 
»r(fot  to  call  any  witnestces  to  the  proof  of 
ilmt    particular  i    u  hich   must  therefore  rest 
tbedeniHl  in  tho  Answer  of  the  ooblc  EarL 
'My  lonU,  it  was  insisted  u|>on,  that  Mr 
had  not  complied  with  his  own  pro* 
]  in  discoverinf?  and-  d€liferii>g  op  his  own 
!t»t    »f"*  ''"^  ''•"•  '»'irp09e  a  wilnes*  was 
llcfl  to  V  t'thipa  of  %  very  |rreat 

liicuvery    I;  >moe  made  of  a  ipiaO' 

of  hofM,  that  bcUmged  to   Mr.    Dormer: 
our  lordshi|i«  remtmber    how   v«ry  lamely 
were  proved  to  belon^r  to  Mr.  Llirmier,  and 
reaaonabk  an  account  was  i^iTen  of  their 
mg kept  to  kNi&r  in  boj^M  of  a  Getter  market. 
y  lordi,  wo  aball  not  presume  to  entertain 
your  tordidjip^  with  any  counter-proof  of  such 
a  trifling  evidence  (a*  a  learned  Mnnn^cr  was 
*  to  call  it),   out  beg'  leaTt  lo  infer  from 
.licaoo,  that  it  is  ovidt^nt  a  more  than  ordinary 
wai  taken  in  lookinfj:  aftt^r  i>]r.  Dormer's 
Is,  itnce  af^er  lour  years,  which  have  pHst 
the  time  of  assi^ning^  his  ^t^ite,  a  few 
lusiy  hups  are  uH  ihi&t  ar<:  diicovereiL 
My   lordjt^  wo  hiunhlv  hope  to  make  it  fully 
ppeartoyOMr  .  th:U   the  cou»plyinj; 

ilh    Mr,   Doi  II  ^    H|toiiat    was  the  only 

te4n«  to  pracurfr  any  iiutt«fQCtion :   11  ail  not 
||Mr    Dormer  been  induced  to  c(»me  over,  his 
^ks  and  Hccouuls  would  never  have  appeared : 
ind  had  he  died  ttbroad,  as  he  tlid  soon  aOer 
^limine  h^>mr,  I  am  persuaded  the  defi- 
iencv  would  huve  bfirn  mtich  (greater  :  And  if 
r    '  ry  of  his  effects  was  not  made 

)«'  I'r,  1  apprehend  there  is  no  fuun 

ioii  uj  iiriirve,  afier  the  hojw  are  laid  out  of 
Oftse),  the  same  will  op|»ear  to  he  ovi  in^' 
\u  ,i«,«H    which  happened  io  a  short  time 


ownrd*   . 
Dcwsiire:  the  ^ 


Kt'ri^rnl   ktPritt  tli:kt   twi*rn  ftitri'r 


'  (luld  not  he  searched  ; 

■    "*  entered  in  the  book$ 

iiiiJNi    OiM*  coidd  Lockman 

^t  expevzting  any  tuore  out 

:    Mr.  Dormer,  without  mskio;; 

111   fivinif  pt^ipk'  notice:    And, 

if  out  these  factt, 

«t  will  Hiand  ac 

ret  I  thi'  «»tulc  uf 

of  \Uf  3ftnitor«4 ; 

Mr  Mr.;;     ui    li.r     cirCUUiStAOCseS    of 

fhtlflck  the  WLnesi  and  propenoilocnine 


f  rfinlit  THi 


nhl 


to  secure  as  ample  a  sattsfaetiun  for  the  siiiton, 
as  it  was  in  his  power  to  do. 

My  lordii,  the  14th  Artiele,  relating  to  tho 
composition  with  Wilson,  will  ijit e  me  no  oc* 
casion  to  tiikeup  much  of  yourlordsbipi'  time. 
Ilia  called  n  precarious  and  tricing  composi- 
tion, and  was  agg^ravated  in  the  opening ,  and 
j»o,  of  course,  in  the  summing  up,  by  a  matter 
which  they  faile<i  in  the  proof  of,  thst  Wilsoa 
was  ^ulFerfd  to  com po unit  this  debt,  though  be 
paid  others  their  whole  df!mand  with  inter^t 

My  lords,  the  ^vitnesa,  ivho  was  called  to  piore 
this,  did  by  no  meiin^  come  un  to  what  waa 
opened :  He  did  indeed  say,  tnat  he  was  in- 
formed^ that  Wilson  had  paid  soma  person* 
their  whole  debt ;  but  he  at  the  same  time  ac* 
ijnninled  your  lordships,  that  fhe^e  were  smaU 
debts  ;  and  that  he  did  not  nay  thrm  out  of  bts 
own  effects,  but  from  a  supply  administered  by  a 
friend,  only  to  give  him  a  credit  at  his  aetimg 
op  again  ^  and  the  unfortunate  end  of  tbit 
man  (of  which  J  am  jost  now  infonned)  is  an 
unanswerable  proof  of  bis  inability  to  pay  the 
whole- 

My  lords,  at  a  farther  argnmetit  to  nro%e 
the  reasonableness  of  this  com  position ,  I  beg 
leave  to  appeal  to  another  part  of  the  evidence 
produced  on  this  Article  by  the  Mdnagers  of 
the  House'  of  Commons ;  whereby  it  ap- 
[leared,  that  Mr.  Wilson's  books  were  perused 
by  two  Masters,  and  himself  was  put  upon  his 
oath  ;  and  that  he  swore,  the  composiiiun  be 
then  offered,  was  all  he  was  then  able  to  ra.'tke  ; 
which  i  humbly  submit  to  )our  lordslfijia  at 
an  answer  to  what  an  honourable  M<inager  was 
ple»»fd  to  object,  when  he  nivii^t*  -i  ffiat  there 
ought   to  hare  liecn  a  cot  -1   bank- 

ru|itcy  against  >Vilson»  iho«  '  hi*  electa 

mipht  have  been  disci>fered  upon  oath* 

My  lords  there  were  many  other  creditors 
of  Mr.  Wil*on*s,  besides  Mr,  Dormer,  wbo 
might  have  applied  for  n  cornniiNSifm  of  haak- 
rupicy,  if  it  would  have  been  for  tlieir  ad- 
vantage; but,  as  eiery  bodv  is  acquainted 
with  till*  great  expeoce  and  delay  ot  such  a 
procedure,  1  believe  they  will  l»e  thought  to 
have  taken  the  \^  itsi? :    Here  was  all 

the  benefit  of  a  n,  liy  the  putting. 

\\  i'  r         -  ,  t    ,  ami  none  of  the  eypencc 

uu  il  Hueh  an  etiq  liry. 


»♦.. 


''T»f'aed  anil 


lof»  1 


ilk  ^       Il 

proved,  is,  thati  at  thr  i 

Pin|lti-r      i«  iiit     uiiti  Wil-- 

Lie,  my  lordB,  h^  wm  Mrr- 
lon^  and  <«scaf»rd ;   fcat  U  wa 
make  11  appear  io  >uur  IordaMt«, 
time  ol  the  coiupO«iitiim  br  \ 
and  not  suM|>ected,  1  bumMf  htfi^, 
li»4  happened  Kobaeqoafli  <      ^ 
will   be  no  inf  redai«4  i^  ahewtf  il 
heed  n  trifliOg  a 
of  milking  it. 
My  k)rda,ll 

ple^ised  ID 
been  in  a  I 


1195} 


10  G£OHG£  I. 


Trial  of  the  Earl  ofMacckxfield, 


[1196 


•hewn  your  lordihips,  that  if  part  of  the  debt 
had  not  been  taken,  the  whole  might  ha? e  been 
obtained,  I  must  confess,  there  would  have  been 
some  reason  to  have  called  this  a  trifling  com- 
position ;  but  since  nothing  of  that  nature  has 
been  attempted,  1  must  submit  the  whole  trans- 
action upon  whtLi  I  have  already  offered,  to 
have  been  a  transaction  most  for  tne  advantage 
of  the  suitors,  considerinjgf  the  circumstances 
that  attended  this  compositiou. 

My  lords,  au  honourable  Manager  who  spoke 
second  upon  this  Article,  was  pleased  to  say. 
That  by  this  composition  the  suitors  were  tied 
down  to  a  certain  loss  of  half  their  demand. 
My  lords,  1  humbly  apprehend  the  conse- 
quence to  be  directly  otherwise;  and  that  the 
suitors  are  not  tie<l  uown  at  all :  As  they  were 
no  parties  to  the  composition,  they  were  not 
bound  by  it ;  nor  is  Mr.  Wilson,  by  this  com- 
position, in  any  degree  discharged  as  to  the 
suitors  of  the  court ;  so  that  if  Wilson  be  able 
to  pay  the  whole,  he  is  still  as  liable  to  the  de- 
mands of  the  suitors,  as  if  this  composition  had 
not  been  made ;  and  if  this  be  so,  it  will  be  to 
the  advantage  of  the  suitors,  that  they  had  no 
notice,  which,  however,  I  apprehend  was  in 
the  nature  of  the  thmg  impracticable. 

My  lords,  it  was  insisted  upon,  that  the  pe- 
titions, and  orders,  and  reports  on  this  occasion 
were  in  an  unusual  and  clandestine  manner  ; 
and  a  certificate  has  been  read  to  your  lord- 
ships to  prove,  that  they  were  never  filed  and 
registerecl,  as  is  usual  in  other  cases:  But  do 
they,  ny  lords,  pretend  to  say,  that  this  was  by 
the  order,  or  with  the  privity  of  the  earl  of 
Macclesfield?  The  business  of  a  Chancellor  is 
to  make  orders  ;  but  I  never  yet  heard  it  was 
his  duty  to  see  them  drawn  up  and  registered  ; 
and  therefore  if  there  was  any  thing  unusual  in 
this,  it  is  not  to  be  imputed  to  the  n^lect  of 
the  noble  Earl,  unless  that  it  was  proved  to 
have  been  by  his  express  direction. 

My  lords,  it  has  already  appeared,  that  this 
composition,  and  the  proceednigs  upon  it,  did 
not  proceed  from  the  nuble  Earl ;  but  were  pro- 

{tosed  to  him  ;  Mr.  Edwards  did  acquaint  your 
ordships,  that  it  was  himself,  who  nrst  propos- 
ed it  to  the  Earl,  after  having  advised  with 
Mr.  Hiccocks,  who  put  him  into  that  method. 

This,  my  lords,  is  the  nature  of  our  defence 
against  the  13th  and  A4th  Articles  of  the  Com- 
mons' Charge :  We  humbly  hope  the  several 
steps  that  were  taken,  will  appear  to  have  been 
for  the  benefit  and  advantage  of  the  suitors, 
and  with  no  other  view,  than  the  securing  them 
their  whole  demand  ;  that  the  com|)08ition  so 
much  complained  of,  was  given  into  only  as 
means  towards  the  attaining  that  end,  and  could 
in  no  event  be  prejudicial  to  the  suitors  of  the 
Court,  as  the  gentlemen  of  the  House  of  Com- 
mons would  represent  it  to  your  lordships. 

Mr.  Dormer  Parkhunt  sworn. 

Serj.  Prvbyn,  My  lords,  we  desire  Mr.  Pkric* 
hurst  may  l>e  asked,  what  conversation  passed 
between  him  and  Air.  Dormer  prevMiia  to  bis 


going  abroad,  and  upon  what  oocasion  be  was 
oblifiied  to  go  abroad  f 

Parkhunt,  Mr.  Dormer  came  to  me  about 
the  latter  end  of  November,  1790,  at  my  cham- 
bers. I  had  then  somebody  else  with  me; 
upon  that  account  he  said  nothing  to  me,  bat 
desired  I  would  come  next  naommg  early  ts 
him.  I  went,  and  when  I  came  to  him  (he 
lived  tlien  in  chambers  in  Lfinooki's-inn),  he 
shut  the  door,  and  told  me,  he  had  a  thing  «f 
great  importance  to  commdnicate  to  me  in  re- 
lation to  himself;  and  then  told  me,  be  de- 
signed to  go  abroad :  He  said  Mr.  Wilson,  hii 
goldsmith,  the  day  before  had  been  with  bis 
(this  was  on  a  Sunday  morning,  and  he  ka4 
been  with  him  the  Saturday  before)  mi 
bad  acquainted  him,  that  the  Monday  fol- 
lowing he  should  be  obliged  to  shut  up  sliofi. 
and  stop  payment:  He  had  a  great  deal  if 
money  in  Lis  hands,  and  he  was  afraid,  that  at 
soon  as  it  was  known,  that  Mr.  Wilson  wu 
unable  to  pay,  the  solicitors,  and  practisers  be- 
longing to  the  Court,  who  knew  be  kept  Mr. 
Dormer's  cash,  would  immediately  be  alarmed; 
and  that  application  would  be  made  thereon  to 
my  Iiord  Chancellor ;  and  he  believed,  that  the 
first  thing  to  be  done,  in  relation  to  himself, wooU 
be  to  confine  him  ;  and  that  there  woukl  be  so 
order  for  his  being  committed ;  and  there fun^ 
to  prevent  tliat  (for  he  could  not  live  a  mtfk 
without  air  and  liberty),  he  was'  resolved  to 
witlidraw  himself,  and  retire  to  some  place  or 
other.  Upon  this,  1  expressed  a  great  deal  of 
concern,  and  endeavoured  to  persuade  bin 
against  it :  I  desired  him  to  make  his  circom- 
stances  known  to  my  Lord  Chancellor  and  tbs 
Masters :  He  said  No ;  he  was  sure  the  oooie- 
quence  would  be  his  confinement,  and  wai 
come  to  a  determination  with  himself  to  secure 
his  person  ;  his  uneasiness  was  from  the  feir 
that  he  should  he  confineil ;  hut  he  would  If ift 
every  thing  fairly  behind  him,  and  hereafter 
come  over  and  obey  any  order  from  my  LvH 
Chancellor;  but  the  first  thing  he  would  do, 
he  was  resolved  to  withdraw,  to  secure  himsdf 
from  being  confined. 

Seij.  Probyn.  What  happened  aAer  he  wis 
gone  abroad ;  and  what  notice  was  taken  of  it? 

Parkhunt.  In  a  little  time  alter  this,  I  un- 
derstood he  had  put  his  resolution  in  execution, 
and  had  withdrawn  himself.  He  had  desired 
me,  that  I  should  not  mention  it  to  any  body ; 
and  gave  out  by  his  clerk,  that  he  was  gone 
into  the  country.  I  did,  afler  this,  in  ahoot 
three  weeks,  receive  a  letter  from  him,  that  bs 
was  then  at  Rotterdam ;  and  there  was  a  letter 
inclosed,  which  he  desired  me  to  shew  to  sons 
of  the  Masters.  1  think  1  shewed  it  to  Mr. 
Rogers ;  ailerwards,  according  to  his  directioos 
in  the  letter  to  mc,  I  carried  it  to^Mr.  Cutting- 
ham.  It  was  directed  to  Mr.  Cottingham,  who 
was  then  secretary  to  my  Lord  Chancellor:  I 
carried  the  letter  to  him,  and  left  it  with  him. 

Serj.  Prohjfn.  If  you  can,  recollect  what 
were  the  particulars  of  that  letter,  tlie  oooicflM 
of  it,  relating  to  any  terms  of  his  ceming  over 
•gain.    ' 


J'nr  High  Cfimes  and  Misdemeanors* 


Purkhunt,  It  is  a  grrat  wliilp  ag^o  ;  I  liaTi* 
l»ul  a  fkint  rcfuiombrmiice  cif  ii ;  but  1  think  it 
ikM  iiiuch  in  lUr  *»!ime  [lurpofse  %¥\\\%  i^ltnt  he 
Communicati'd  to  me  iit  fuM,  ftt'tcrr  lir  had  «c- 
iiiJutrd  me  miUi  the  unhap|i)-  ofT^iir,  a^  hath 
lecn  nii^itttotietL  lie  s^ttl  he  hatl  a  g^rcal  sum 
f  niimi*y  in  Mr.  \\  iKtmS  hauits ;  unJ  when 
e  founii  IVtiMin  itimhle  lo  (laVt  t>e  was  ap- 
rcliPRsi^  e  of  on  immmhatc  confinement,  which 
e  I'oiild  not  poisibly  bear ;  ihcri'tbre  lie  had 
iviUidrawn  hitiisdf ;  hut  that  he  Urni  left  hiR 
ivn  e4tal4!  entire  hehitid  hliiii  atid  tverv  thincf 
iting'tothe  suitui-^;  and  lie  *vas  wiUing  to 
iiTcr  to  pive  an  account  of  thetlate  of  llie 
\  nnd  ot  his  oMrn  estate;  and  he  wa«  will- 
inif  !<♦  rnjike  <ivtiv  all  his  own  estate,  to  answer 
the  dettitiency  of  the  otTu'Cp  a&  far  as  li  \ioidd 
|fO  ;  and  to  do  every  things  the  Court  shoulil 
think  fit  to  order  Ijim,  pruvided  he  niiy^ht  have 
his  hbcrty  lioih  before  and  afier:  He  desireit 
I  faa  mi|k(ht  not  l»e  conHtbtsd,  and  he  ivouid  do 
i|B« very  thing*  thai  the  Couii  woutd  order  hiRi  to 
H«Jo,  or  should  be  desired  of  hitn,  as  much  as  if 
Hjie  was  confined. 

w^    Herj.  Pro^n.    We  dimrt  he  may  be  asked, 
■      if  he  knew  how  it  wan  that  Mr,  VViUon  came 
to  have  io  much  of  Mr.  Dormer's  effects  io  lus 
hands,  and  u(»on  nhat  account? 

i'urkhurht,    I  did  uot  know,  till  this  aifair 


hapii 
had 

ti<4?i!  i..  ;,.^   ..1. .   Vx  .. 

IVJtson  hatl  cash  ot  I 
ward^t  by  uav  of  jm 
lo^ng  HO  uiucu  money, 
tn  unhicky  aet  i  hut,  he 


iti|f,  what  money  he 
4^  lo  Mr*  Dormer.  1 
iii«  Inm  ;   I  knew  Mr, 

;mtU ;  hut  nfier- 

I  4>r  himself^  for 

i  say  it  was 

Mierabtesmii 


l^f  money  paid  inlohiji  hauiU,  iiy  ordur  of  Courts 

*  a  oorsiiJu'uMe  sum«  Hhich  came  in  njion 

the  tand-tix,  and  he  did  not  know  at  that  time, 

i%h.it  to  lay  ii  out  in  ;  the  atm^kv  were  so  hi;;h 

Lftnd  [M  ccarioufi,  he  would  not  buy  any  ;  and  he 

llhou|j[:ht  WiUon's  bands  ns  safe  a  idace  as  any 

Iftlthut  time^  he  could  nut  keep  a  by  him  in 

lliiH  c^iHUiWrk,   and    he   utit   (;oin^    into  the 

Icouiiti  V  hir  three  or  four  netk*» ;  amJ  whrn  he 

paw  thuicTi  ^ere  settled,  then  he  would  ky  it 

|t»ut :    tSut  when  he  cn'T«»^  > >■*'  y  ir^  tr^i. n    i>».  louud 

Irr  Wdfiu  in  the  <  i  ince«. 

iThoi  v*ui»  afU'p  he  I    :  !  \   II'       itd,       I 

knew  nothin.;  belorc  ot  this,  nor  tliat  be  had 

Tuny  ^real  suui  of  moniy  in  hi^  hands* 

iii-rj,  Pr^ttitn,   tie  Sdttli  th  U  he  did  propose 

ibut  he  v^oultl  come  over  and  tmike  a  diiicovery 

'  nf,  and  deliver  up  hi«i  etfecla,  in  caiie  his  pet  sou 

I  Mrn««>d ;  n4>w   I   fle«tre  he  Utay  reoollet.t, 

^1  '  ir  oUfT,  if  he  knew  of  any 

I  V.  \i%u  eflVcta;  and  ^vlie^hrr 

iy  iinn;^Mii  UJH  ciiUiiibtiN  \siiii    lakcTi  care  of, 

bud  by  u  horn  7 

Parkhnnt,    I  nui  nwt  1     '     *-■-*"' f  • ; 

kjil  is  Mr.  Uoij:ers^  a    ^ 

C4me  tu  meooL*  inomuji;, ..,.  -  v,l. ,;.* ,  .i,.,;n 

Ithi?  act  ouni  of  being  a  relation ^  Tor  I  was    uo 


\^\\m 


A.   ihru    I 


iiM 


•  1(1 


remember  we  did  find  several  things,  several 
Iand*tii3c  tallies  which  Mr.  Rru^put  ir;np  an  ac- 
count of.     1  don't  know  wh  -i  J>er  was, 

*»erj,  Probyn,  Who  took  p'  of  them  / 

Parktmrtt,  Mr.  lingers,  the  Master  ir 
Chanccrv- 

fcterj.  Prohyn.  By  whose  directions  did  you 
understand  that  Mr*  Rogers  took  this  care  'f 

Pnrkhurtt,  I  understood  it  was  by  the  di- 
rection o(  xhc  Court,  fie  came  to  me,  and  de* 
»ired  me  to  ifo  a  I  on  if  with  him  to  see  that  no 

{lerson  meduled  with  any  thih;tr  but  what  be* 
ontfed  to  the  suitors ;  and  he  took  them  and 
lockeil  them  up  in  his  clofet  or  scrutore. 

Serj,  Pn)tyiu  My  lord«,  we  have  done  wiili 
this  evidence. 

Mr.  Plummer.  I  think  he  says,  the  reason 
of  Mr.  Dormer's  having  so  much  uuniey  in  ihe 
hands  of  Mr,  Wilson,  was,  iliat  there  was  a 
g-reai  sum  of  money  come  in  U|>on  the  land* 
tax:  1  desire  to  know,  if  .*ltr.  Dormer  lefl  thts 
inooey  dead  in  the  hands  of  Mr.  Wilson,  or  if 
he  had  any  interest  ibr  it  ? 

Piirkhunt.  1  know  nothiniif  of  ihat.  Bj 
way  of  justiiication,  he  said,  it  wa»  unlucky  he 
had  so  oiuch  money  paid  into  his  hands  ai  thai 
time ;  times  were  so  precarious ,  he  did  uot 
know  how  to  lav  it  out. 

Serj.  Peng.  I  desire  he  may  be  asked,  wlie* 
Iher  Mr.  Wilson  did  uot  usually  keep  Mr. 
Dormer's  cash  t  and  the  eash  of  the  otHce  ? 

Parkhurit.  1  believe  lie  did,  1  knew  but  few 
inittances  of  it. 

*Vrj,  Pcngelitf.  Whether  he  never  beard  bim 
dcctwe  that  Mr.  Wil^fin  paid  him  interest? 

Purkhurst,  I  never  heard  him  declare  he 
did :  he  never  apoke  to  me  about  it  parlicu- 
liiily. 

Mr.  Lutwjfche,  I  desire  he  may  be  asked. 
Whether  he  can  iulbrm  your  lordships,  how 
lonif  Mr.  WiUou  had  been  bouker  to  Mr. 
Dormer  ? 

ParkhurU,  I  Can't  tay  exactly  how  lon;r :  [ 
beheve  some  years. 

Cum.  S^j,  MlUe  grenllemco  have  done  with 
this  vvttoess,  we  be^  iea^e  to  call  another,  to 
prove  what  care  wu*  ukcn  to  atop  those  etfectf 
that  \%  ere  in  the  public  funds. 

Mr,  Joha  Hip hirutont  Mworn, 

Com,  Say,  My  lords,  we  desire  that  Mr. 
Elphinslone  may  iulbrm  ytnir  lorilshi|i«,  what 
he  knows  of  any  ortlerftor  directions  given,  m 
relation  lo  the  etfects  of  Mr.  Dormer  that  were 
tn  the  public  funds,  aud  by  whoiu  those  direc* 
tiotiH  were  given  ? 

Eiuhinstone.  'hly  lords,  I  hate  been  lo 
search  the  books  ot  the  Bank,  the  South *8ea, 
Mild  Ea»t'fniliH  Coiiipauies^  to  see  what  stock 
FleetWfrtnl  Dormer,  enq.  onccdlhe  Masters  of 
the  Court  of  ('hancer^,  hud  in  the  l^ooks  of 
those  Comj)auie^,  and  w  hat  ontt^i^  ihere  were 
Ibr  stoppritii;  Mr.  Dorm«^r's  tran^iff'rrin^  such 
MUick.     My  lurdM,  1  WLiii  tir^t  toth*    Ilnnk    anil 


I 

i 


J  a  book  of  that  Comp 
r,    where  Mr,    Uoimer'a 


)  a 


itiii^  of  I  hat  uatuie  UeWiiKuig  iti  th«  otf&oe.    I    utaied  by  way  of  debliir  and  creditor.    I  Ibuni 


1199] 


10  GEORGE  L 


Trial  of  the  Earl  of  Maceleffidd, 


[ISOO 


in  that  book,  a  memorandum  written  orer  Mr. 
Dormer*!  accompt  in  reil  letter*,  as  fulluws : 
**Q.  NoTranifer."  I  likewise  enquireil,  if 
there  were  any  onlert  with  the  Court  of  Chan- 
cery, for  stoppingf  the  transfer  of  such  stock  f 
1  was  told  by  tlie  clerk,  that  he  knew  of  none. 
I  enquired  of  the  clerk  at  the  Transfer -othce, 
if  there  was  any  order  of  the  Court  of  Chan- 
cery, « tor  transferring^  Mr.  Dormer's  stock  to 
IVIr.  £d wards,  the  succeeding  Master  ?  After 
some  search,  he  brought  me  an  original  order, 
signed  Parker,  C.  dated  11  July,  1791.  I  have 
a  copy  of  that  order  in  my  hand,  whereby  it 
appears,  that  all  the  stock  and  annuities,  in  the 
name  of  Mr.  Dormer,  were  ordered  to  be 
transferred  to  Mr.  fiilwanls,  on  the  19th  of 
July  1791,  viz.  the  day  atler  the  date  of  the 
said  order.  I  found  in  the  transfer  book  of 
that  company  the  sum  of  3,393/.  16i.  trans- 
ferred by  Mr.  Dormer  to  Mr.  Edwards,  and 
Mr.  Edwards's  acceptance  of  the  same.  This 
is  a  copy  of  the  original  order.  I  afterwards 
went  to  the  South -Sea  House ;  I  searched  the 
book  of  that  company,  and  in  the  book  marked 
letter  D.  N^.  e,  fol.  430,  where  Mr.  Dormer's 
acconiut  is  stated  by  way  of  debtor  and  cre- 
ditor, 1  found  a  Memorandum  over  Mr.  Dor- 
mer's accompt,  which  it  as  follows ;  **  Stock 
hot  to  be  transferred  without  order  from  the 
Court  of  Directors  (he  being  failed,)  or  from 
the  Court  of  Chancery."  1  also  searched  the 
transfer- book  of  the  said  company  ;  and  I 
found  in  book  N**.  5,  page  86,  that  on  the  19th 
day  of  July,  1721,  9,951/.  14f.  South-Sea 
stock  was  transferred  by  Mr.  Dormer  to  Mr. 
Edwards,  and  under  the  transfer  I  saw  Mr. 
Edwards's  acceptance;  Mr.  Uormer  signed 
the  transfer,  and  Mr.  Edwards  signed  the  ac- 
ceptance. I  enquired  if  there  were  any  orders 
for  stopping  Mr.  Dormer's  stock  from  being 
transferred.  I  found  no  such  order,  nor  any 
order  for  transferring  the  stock  that  was  trans- 
ferred  ;  and  the  reasiin  which  the  clerk  of  that 
office  gave,  was.  That  upon  the  unhappy  turn 
of  the  affairs  of  that  comi»any,  several  of  the 
clerks  being  discharged,  and  many  books  and 
papers  being  destroyed,  lost,  or  mislaid,  and 
the  rest  in  the  utmost  confusion,  rendered  it 
impossible  to  find  any  such  p:iper  at  this  dis- 
tance of  time.  I  went  likewise  to  the  East- 
'  India  Company ;  but  1  could  not  6nd  upon 
those  books  any  stock  belonging  to  Mr.  Uormer, 
or  that  he  hati  any  interest  in  that  company. 

Mr.  Strange,  I  beg  leave  to  take  notice  of 
one  thing  he  says,  relating  to  the  words  ex- 
pressly entered  in  one  Ledger- book ;  it  stands 
that  Mr.  Dormer  should  not  transfer  any  stock, 
he  l»eing  failed. 

Elphintione.  Yes,  the  Memorandum  en- 
tered in  the  South -Sea  Ledger-book  is  as  fol- 
lows: **  Stock  not  to  be  transferred  without 
order  from  the  Court  of  Directors  (he  bring  | 
fiuled),  or  Court  of  Chancery,"  the  words, 
«<  he  being  failed,"  are  in  a  parenthesis,  and 
then  follow  the  words,  <*  or  Courtof  Chancery ." 

£.  of  Macclesfield,  Who  was  then  governor 
of  the  Bank? 


Elphiiiitone,  I  think  Mr.  Hftngnr  wis. 

8er).  Probyn,  Were  the  eotnes  dated? 

Elpkirutone,  There  was  no  date  to  any  of 
the  Memorandums ;  they  are  wrote  jast  over 
Mr.  Dormer's  aeooont^  and  under  a  kne  drawa 
to  separate  Mr.  Donner't  acooanl  from  ano- 
ther person's. 

Serj.  Prob^n.  Was  that  before  the  tnuufer 
made  to  Edwards? 

Elphinstone,  There  is  no  date  to  the  Me- 
morandum for  stopping  the  tnosfer  of  Mr. 
Dormer's  stock ;  but  it  must  be  before  tk 
transfer. 

Ser^.  Prohyn,  But  the  entry  id  the  booin, 
was  it  precedent  or  subsequent  to  the  transfer' 

Elphinttoue,  When  I  searched  for  these* 
count,  I  found  the  account  and  the  Memona- 
dom  f<ir  stopping  the  transfer  of  the  sloek, 
placed  over  it,  in  a  book  called  the  Ledger,  mi 
when  I  searched  for  the  transfer  of  the  slock,  I 
found  that  in  the  transfer* book,  wbicb  it  a  dif- 
ferrat  book. 

Seij.  Pfobyn,  What  transfer-book  was  it? 

Elphinstone,  1 1  was  the  transfer-  book  No.  5, 
in  page  86,  where  I  found  Mr.  Dormer's  traii- 
fer,  and  Mr.  Edwards*s  acceptance  ;  bet  die 
Ledger  is  quite  a  different  book.  It  wasia 
the  Ledger  marked  D,  that  I  fomid  the  Me- 
morandum for  8toppin|^  the  transfer  of  Mr. 
Dormer's  stock  over  his  account ;  bat  I  ceoM 
not  tell  what  day  of  the  month  it  was  entered ; 
there  were  promiscuous  dates  in  the  year  17S0, 
21,  82,  93,  and  S4,  to  several  artickfs  of  tint 
and  other  accounts,  but  no  date  to  the  Memo- 
random  at  the  hnd  of  h»  acconnt.  i  Isel 
this  copy  of  it,  which  I  have  in  my  hand. 

Mr.  Lutvpyche,  I  desire  to  ask  <»ne  qucstino. 
which,  indeed,  is  to  explain  what  be  nHMitioonl 
concerning  an  order,  that  I  think  he  lakes  le 
be  signed  by  my  Lord  Chancellor.  I  desirf 
to  know  the  date  of  it? 
~  Elphinstone.  It  was  a  loose  order  brougii! 
to  me,  dated  11th  July,  1791. 

Mr.  Lutwychc,  Who  brought  it  ? 

Elphinstone,  It  was  brought  to  me  by  t 
clerk  that  belongs  to  the  TransfeiM>fBce  at  the 
Bank. 

Mr.  Lutwifche,  Was  that  original  order  left 
in  the  book  ? 

Elphinstone,  No,  my  lonls,  I  saw  no  bonk 
of  orders ;  it  was  a  single  order  brought 
to  me. 

Mr.  Lutwyche,  You  say  there  was  an  oidcr 
signed  Parker  C.  was  there  any  such  order 
drawn  up  by  the  Register  of  the  Court? 

Elphinstone,  1  know  nothing  of  its  beiaf 
drawn  up  by  the  Register.  I  saw  Parker  C. 
signed  to  an  order ;  and  I  believe  it  was  the 
noble  Earl's  hand. 

Scij.  Pengellj/,  He  hath  a  copv  of  it;  I 
believe  it  is  proper  to  put  it  in,  or  Uiat  it  may 
be  read. 

Mr.  Lutwyche,  Mr.  Elphiutone  nay  rmi 
it  to  \our  lordships. 

Elphinstone  rmAB.  Martk  llJnW,  irSli 
"  1  do  order,  that  all  the  Bank  alock  mi  •■• 
nnitiet  thereiQ  aubicribed,  beiongmf  li  Rut' 


IflOl] 


fir  High  Crimet  and  I^tUdeme^nori, 


A.  D.  17S5. 


£18^2 


Uiat  p« 


I 


P 


I 

I: 


woiJd  Dormer^  eiq.  Utc  one  of  the  M&itcra  of 
ihii  Cotirl,  be  by  biio  forthwith  traniftrrcd  Co 
Henry  Ediranlt  the  loeccetlrDg^Mmsler. 

•*  To  the  OoTernor,  Deputy- GoTCrnfir,  Aud 

Directors  of  the  Bank  vt  Eng^ltnil,'* 

fieij,  Ptngetfy.  We  detife  be  miy  he  ntked, 
Wbetber  be  he&rd  any  thing  nf  Mr.  Dormer's 
bcioe'  ^ne  tu  take  the  air  f 

EtphtFUtane,  No^  my  lorili,  I  nerer  Jid, 
upon  my  ouih. 

Serj.  Pengeliy,   Whether  be  did  not  hcmr 
the  earl  of  Maccleaficld  make  a  dectaruuod  to 
i«rport  P 
atphiintonc.    I  do  not  remember  ih«t  the 
Me  lurd  erer  made  any  such  declaraiivii, 
>$erj.  Pengeliy*  He  mentioned  ievcral  orders 
tie  found  in  the  books  uf  the  Bank^  a$  I  ap- 
prehended him  ;  whether  waji  there  any  other 
urder  under  my  lord  Maccles6eld*s  hand  f 

ElphintiOTtc,  No»  I  saw  bin  one  nr^mal 
order  si|fiie<l  hy  the  noble  £arl,  of  which  ttiii 
is  a  c!opy  in  my  liand. 

Mr.  LutfOjfchr,  This  was  an  order  under  my 
lord's  hmnd  a  considerable  time  at\er  :  I  desire 
he  may  be  a^ked,  Whether  he  hath  Wnni  of 
^y  order  directed  to  the  goTernor^  deputy - 
g9f  emor,  &c.  of  the  Bank^  and  !ii|^ne<l  by  the 
Chancellor,  and  that  original  order  le(\  there  ? 
Eiphinitone,  ATy  lords,  I  would  he  very 
eaaiiotif  of  saying  any  thing  that  I  do  not  re- 
IneiDber ;  hut  1  do  remember  something  of  a 
iSiaoouree  of  au  order  i^iven  for  stopping  of 
Dormer's  stock  and  effects  about  the  time  of 
Hr.  Dormer *«abficonding;  but  when  it  was  I 
can't  tell. 

'  3Ir.  Lutmycke.  He  ilid  not  trnderstaod  me : 
ly  aueation  ia,  wheUier  or  no  be  hath  erer 
d  of  any  order  directed  to  the  governor, 
of  the  Bank,  and  signed  by  the  Chao- 
ir^  and  that  original  order  lel^  there  f 
Elphinstmt.  No,  my  lurd«t  I  don^t  aay  I 
lieard  of  any  oihpr  order  si|a»ed  by  my  Lord 
Chancellor,  and  directed  to  the  gorernor,  Bcc, 
(>f  the  Bank;  but  1  lieard  an  order  was  given 
by  my  \nv\  to  stop  Dormer's  stock. 

Mr.  Lut^ycht.  I  ouly  askt  Whether  in  (liiB^ 
or  any  other  ini»tance,  my  Lord  Chancellor 
mode  ordera  to  the  Bank,  to  be  \tti  there  f 

BiphiKitone,  \  don't  know  what  orden  are 
BMlei  it  was  out  ot  my  profioce;  1  h^d  no- 
tfiJBff  to  do  with  that  \  my  business  was  qutte 
•Aotner  ihinL^. 

Scrj.  pM^yjj  I  wonhl  beg  leave  to  take 
iiiolioe  of  one  obtfcrvatiou  that  has  been  made  on 
ffee  Cf ld«fic^  given  in  relation  to  the  order  of 
the  Iftta  Lord  Chancc^llor,  as  though  it  was 
Quttsual  id  dircM^t  any  in  that  mautier  to  the 
iSaok;  but  to  that  1  beg  leave  to  answer,  that 
tbia  wa^f  not  an  order  uf  the  Court ;  but  only  a 
ptfttculat  dirvrtmni  which  he  in  hie*  private 
OifACJty  sent  to  that  comjmny,  out  of  his 
gfrcttt  care  to  secure  the  effects  k*(  the  suitors  ; 
SImI  thia,  \  apprehend,  fully  clears  him  of  the 
lAfection  made  to  htm  of  tirgkct  t#  do  tiio  bis 
ipacity. 


Com.  Sirj,  Your  lordships  cannot  choose  hut 
observe*  that  this  very  thing  itnplie^  Aome 
caution  taken,  that  these  efftets  of  Mr.  Dor- 
mer's should  not  be  transferred  without  the 
privity  of  the  great  seal:  this  order,  weap- 
prehendf  was  for  that  purpose ;  and  to  tualcti  I 
this  plain*  we  shall  shew,  that  Mr.  Cottinghaa 
went  from  my  Lord  Chancellor  about  thia 
matter.  ^ 

Air..  Cotiingham  called. 

Seri.  Prebyn.  We  desire  Mr.  Cotlingham 
may  ne  askeil,  how  he  came  to  have  notice,  and 
from  whonii  of  Mr.  Dormer's  withdrawing 
htnivelf;  and  what  care  was  taken  to  secure 
his  effects  ? 

CQfttngham,  Soon  afVer  Christmas,  1730,  to 
the  best  of  my  remembrance  as  to  the  time, 
Mr,  Parkhnrst,  !Vfr.  Doriner^s  nephew,  came  to 
me«  and  told  me,  his  uncle,  Mr.  Dormer,  had 
withdrawn  himself  into  jtolland  ;  and  the  rea- 
son wa<i,  upon  account  of  hi?!t  having  lct%  money 
and  effects  belonging  to  the  suitors,  in  Mr, 
Wiliion's  hands,  and  Mr.  Wilson  had  been  very 
unfortunate  in  the  South  Sea  year,  and  was 
likewise  gone  oif.  (  acquainted  the  Earl 
of  what  passed.  The  Eorl  directed  me  to  at- 
teml  the  two  senior  Masters,  Mr,  Hiccocks  and 
Mr.  Rogers,  and  consider  what  was  proper  to 
be  done  on  that  occasion.  On  consideration, 
we  agreed,  that  it  was  necessary  to  get  Mr. 
Dormer  over. 

We  then  considered,  that  it  was  not  possthli* 
to  have  htm  over,  unless  he  was  secure  of  his 
liberty.  A  proposal  was  made  to  the  £arl;  that 
in  case  he  came  over,  he  should  have  his  lr< 
berty:  the  Earl  Bjyp-eed  to  it.  In  the  mean 
time^  to  the  best  of  my  remembrance,  orders 
were  given  for  searching  of  bis  office,  and  se- 
curing what  eflccLs  and  papers  were  there. 
The  Masters  told  me  that,  pursuant  to  these 
directions,  they  had  searcheit  his  office,  and 
locked  lip  what  they  found  there;  but  kiisef* 
fects  there  were  of  very  hltle  value. 

The  next  step  the  Kari  took  was,  he  directed 
persons  to  go  to  the  Bank  nod  theHouth-8ea 
Houije,to  stop  the  transferring  of  any  stock  or 
effects  in  hiK  name. 

In  April  following,  when  Mr.  Dormer  re- 
turned, be  came  late  to  me  one  evefiiog,  and 
anked  me,  if  the  letter  writ  by  the  Master  was 
writ  hy  the  Earl's  direction  f  I  told  him,  Yce. 
Ue  thena«ked  me,  if  the  Earl  hadnromiaed 
Im  hbcrty?  Oiherwise  be  would  be  gone 
again. 

1  told  brm,  the  Earl  had  promiacd  btm  Ins 
liberty,  if  he  wouM  make  a  full  discoverv  of 
all  his  cfTecU  U[>on  o«th  ;  and  make  (»ver  hH  he  ' 
hod  to  the  two  wenior  Muster*  for  the  bLnt-lit 
cfthe  suitors  of  the  Court;  and  assist  them  ia 
getting  in  every  ihin^  that  lielon«red  to  liim, 

flesaid,  th*?seci>ndition«  hr  readily  suhniitted 
to,  and  wimid  attend  the  M«»tt^«  acconliugly* 
I  spoke  10  Mr.   Rogers,  to  know  whether  \\% 
wouhl  have   an  order  in  fonn  to  i  lamim- M 
Dormer  up*Jti  interrogatories ;  and  that,  if 
wo^d,  I  wvuLd  pepare  ene,  and  get  U 

4U 


I 
I 


I 
I 


I20SJ 


10  GEORGE  I. 


Trial  of  the  Earl  ofMacde^M^ 


[laoi 


He  told  me,  it  wag  not  neoemrv  ;  aud  that 
they  thoug^ht  it  was  best  to  g^i  tne  estate  and 
effects  in  the  first  place,  before  that  should  be 
done  J  fearing  if  Mr.  Dormer  was  severely 
dealt  with,  he  should  run  away,  and  an  order 
mi^ht  be  bad  afterwards,  if  necessary.  I  for- 
ifotto  tell  your  lordships  one  circum^ance : 
somttiiiio  in  the  summer  foUowiogf,  either  in 
Jill}'  or  Aui^nst,  I  happened  to  dine  one  day  at 
the  B!iir-Pi>sts,  behind  Lincoln's  Jnn,  Mr. 
Dormer  came  to  roe  with  (ears  in  his  eves ;  he 
cried  Inderly,  and  said.  That  the  Masters  had 
stripped  him  of  nW  he  had  in  the  world,  and 
begged  I  would  intercede  with  the  Earl  to 
allow  him  somclliingf.  I  desircti  him  not  to  in- 
sist upon  it ;  fur  his  effects,  as  I  was  in- 
formed, were  not  suftic  irnt  to  pay  his  debts, 
and  he  knew  ucti,  that  the  KaH  could  not  ^ive 
away  the  eifects  of  the  suitors ;  it  was  out  of  his 
power. 

Mr.  Phmmer.  I  think  you  say.  Sir,  that  Mr. 
Dormer  failed,  by  leaTiu^y  his  mouey  aud  ef- 
fects in  Mr.  Wilson's  hands ;  I  desire  to  ask 
Lim,  what  he  means  by  his  efiects  P 

Cottingham.  The  money  and  effects  beloug^- 
inff  to  the  suitors  of  the  Court. 

Air.  riummer.  And  you  told  my  lord  of 
that.'     . 

Cotlingham,  Yes,  I  told  my  lord  what  Mr. 
Parkhurst  had  mentioned  of  the  money  and 
effects  of  the  suitors  of  the  Court  being  left  in 
Wilson's  hands. 

Com,  Scfj,  I  desire  be  would  inform  your 
lordships,  whether  or  no.  apon  this  occastoa 
and  transaction,  he  applied  to  the  Masters  to 
make  up  this  deficiency  of  Mr.  Dormer's? 

Cottingham,  As  to  the  deficiency  of  Mr. 
Dormer,  I  always  apprehended  and  understood 
that  the  Masters  would  make  good  that  defi- 
ciency, Mr.  Lightboun  excepted,  who  always 
declared,  he  would  do  nothing  towards  it,  un- 
less it  were  put  on  another  foot. 

Com.  Sirj,  I  dtsire  he  may  be  asked,  whe- 
ther he  ^ave  any  sucli  information  to  the  earl 
of  Alacclesfield  ? 

Cottingham.  I  did  so  ;  I  told  the  Earl  of  it ; 
and  to  the  best  of  my  remembrance  .Mr.  Hic- 
cocksand  Mr.  llojrers;  my  lordy,  I  won'tbe 
posiiive,  but  1  think  Mr.  Hiccocks  and  Mr. 
Rogcrb  '.  1  order  me  to  wait  upon  the  Eari,  and 
let  his  lordship  know  that  the  body  of  the 
Masters  had  undertaken  to  make  up  the  defi- 
ciency ;  I  do  think  so,  I  will  not  be  positive  of 
that,  I  think  it  was  so. 

Com,  Serj,  1  desire  he  may  inform  your 
lordships,  if  he  kuows  how  it  came  to  pass 
that  Mr.  Dormer  had  money  in  Mr.  Wilson's 
bands  ? 

Cottingham,  Mr.  Parkhurst  told  me,  and  I 
think  Mr.  Dormer  likewise,  but  of  that  I  am 
not  certain,  that  Mr.  Dormer  had  lef\  the 
money  in  bis  hands  when  he  went  into  the 
eountry  in  the  loncf  mcation. 

Mr.  Ontlow,  1  desire  he  may  be  asked,  what 
were  the  words  that  Mr.  Rogers  aud  Mr.  Hic- 
cocks said  to  bim  when  be  apprehended  the 
AlASten  would  make  good  the  deficieDcy. 


Cottingham.  I  think  it  wis  what  I  UlA  your 
lordships,  that  the  body  of  the  Maitcn  would 
make  good  the  deficiency  ;  I  do  not,  I  cannot 


Mr.  OfuUm.  Did  any  other  of  the  Huten 


swear  that  positiTel 

Mr.  On$lc 
tell  you  so  ? 


Cottingham.  Mr.  Godfrey  tdd  sie,  I  an 
positive  of  this,  that  Mr.  Godfrey,  told  me  thai 
the  biidy  of  the  Masters  wonid  make  fonk 
the  deficiency ;  f  must  except  Mr,  Ligbt- 
boun.— I  have  heard  Mr.  Edwards  lay,  that  be 
would  never  have  paid  his  500/.  if  he  hd 
not  apprehended  that  it  would  have  been  madi 
goo<l. 

Com,  Scrj.  This  makes  it  necessary  for  n  la 
ask  another  question,  and  I  desire  he  may  be 
asked,  though  he  doth  not  remember  the  ptr^ 
ticular  wonls,  ye^  whether  that  indaoed  hin/li 
believe  that  th^'  intended  so  to  do? 

Cottingham.  It  did. 

Com,  Scrj.  Whether  upon  tliis  belief  he  tt 
inform  the  noble  earl  that  they  wonld  mib 
good  Mr.  Dormer's  deficiency  ? 

Cottingham.  I  did.  I  told  the  noble  eari  81^- 
and  that  his  lordship  needed  not  to  be  nnea^. 
they  wonld  make  it  sood,  and  1  always  appre* 
bended,  I  always  understood  they  would  make 
it  good, 

Mr.  Lutwycht,  I  desire  he  may  be  asked, 
whether  the  deficiency  of  Mr.  Dormer  was  ew 
stated  80  as  to  know  how  much  it  was  f 

Cottingham.  No. 

Mr.  Lutvyche.  Did  they  agree  to  makeup 
the  deficiency  when  they  did  not  know  how 
much  it  was  r 

Cottingham.  I  heard  some  of  the  M«m 
say  at  first,  that  it  was  17,000/1  or  18,O00JL 
afterwards  they  said  90,000/.  and  then  89,0002. 
and  of  late  it  comes  out  to  be  96,000/. 

Mr.  Lutwyche.  If  I  undersUnd  Mr.  Cot- 
tingham right,  he  speaks  of  se?era]  Mastcn,! 
desire  to  know  whether  he  means  all,  except 
Mr.  Lightboun  f  I  desire  to  know  whether  cbij 
all  ivingly  promised  ? 

Cottingham,  Singly,  as  I  remember;  Mr. 
Edwards  can  tell  1  was  at  a  meeting  with  tbea 
at  the  Uvern,  I  think  they  said  singly. 

Serj.  Peng.  1  desire  he  may  be  asked,  wbe- 
ther  this  discourse  with  the  I^fasters  about  pa^- 
ing  this  deficiency  was  absolute,  or  upon  sosM 
particular  terms  or  conditions  of  paying  tbi 
monev? 

Cottingham,  Mr.  Edwards  told  me  that  they 
would  make  good  the  deficiency,  pro? ided  thej 
continued  on  the  oltl  foot  as  osual, 

Seij.  PengcUy.  That  is  to  ha?e  Ibe  dis- 
posal of  the  money,  the  money  to  bein  tbeir 
bands  ? 

Cottingham,  Yes. 

Mr.  Lutvyche.  I  desire  to  know,  wbethei 
you  acquainted  the  earl  of  Macclesfield  with 
this? 

Cottingham.  Noythiswasbnt  lately  that Iv. 
Edwards  told  me  that.  It  was,  I  believe^  ii 
November  or  December  last. 

Mr.  Lutvyche.  Did  noM  of  the  oth«r  3bf- 
ers  acquaint  you  10  r 


Jur  High  Crimes  and  MUdrmramrx.  A.  D-  179S.  [1306 

t^  muke  the  lOott  tte  caulU  for  tbe  sttitariof  th^ 
Court, 

Mr.  Bunt  sworn. 


1205} 

Coiiinghom^  No,  I  doo^t  rrrnvmber  anj  oilier 
Sfister  fftJ, 

Mr.  Luttvf/che,  I  itc*tre  to  «sk  yon,  wKelher 
you  ever  h^nl  ivhmt  mter^il  Mr*  Wilson  nl- 
loired  to  Mr,  Dormer? 

Cottin^hftm.  In  December  Itit*  i*hen  tUt 
mceotnpu  were  heforo  ihejiuJ-^^,  the  Earl  **»ltl 
me  that  Mr.  Wilson's  compofttion  x^m  com- 
plained oi;  it  waa  aaid,  that  Mr,  Wihtm  hud 
priid  20i*  in  thi^  fiouuiJ,  sod  ordeTitl  me  iu  lullc 
Lwilh  Mr.  Wilson  ;  und  Accortlluj^ly  I  did  see 
MiWi  and  blamed  him  for  iin[Ki9in}f  uiiwi  the 
loitcr^  ih  i!i<*  com|msiiiou  he  msule  with  thrm^ 
'when  he  had  paid  other  creditors  ihcir  whole 
^  demand  ;  he  denied  it. 

Mr,  Ltitwt/cfu\  That  is  not  the  question  ; 

li^hftt  inlfreai  did  Mr.  Wilson  alhjf*   Mr.  Dor* 

net  for  the  t uiton»'cash  T 

Cot  t  i  1  ij  ft  am ,  1  am  c  »*»ngf  0  n  1 0  i  ha  t  jia  rt .    Mr. 

Fitsou  tuid  to  me.  Why  jji  all  the  hUme  latd 

I  me'    I  alloifcd  Mr.  Dormer  rery  Itrge 

t  for  hit  money  :    1  could  have  set  atrdc 

ht  upon  the  toorevf  an  nsuHouK  contract; 

\  reeolTed  1  ivould  not  do  it ;  I  would  nhew 

Flo  dl  the  HorkI  to  be  an  honeit  man  j  I 

\  my  creditord  all  that  I  liad^  what  would 

bey  hare  more  ? 

Mr.  ListtLi/rhe.  Whether  he  roemioned  ten 
per  cent  or  no  ? 

Coitittgharn.    Noj  he  dtJ  ■  -♦ 
had  ^iveu  Inrgfe,  Uitrh  in' 
,  had  had  im  murh  as  his  i 
Com.  Serj.  Wbenwa«i 
Cattiptgfwm,  ll  must  hii 
St,  when  the  judtfPS  were  en 
tti«tter«  because  he  told  me  M 
cin  with  them  about  thecomp^miiou. 

8crj.  Vrifhffu,  R ecid feci  w hut  nnB  said  npon 
fliiH  di(;coun;ef  whether  he  afcid  that  thr  Court 
'  the  >]axter9  had  as  much  as  any  of  his  other 
f»Hhtorw  'f 
Ciittingham.  He  told  me«  I  am  an  honert 
nmn,  the  Masters  had  as  much  us  my  oihir 
editors,  what  would  they  have  more  ? 
Serj.  Probj/n.  It  is  mtr  misfortune  we  can't 
roduce  Mr.  Wilson  here,  we  are  deprived  of 
|ii5(evid(^nce,  which  would  have  been  very  ma* 
trial,  by  his  dfaih  ;  we  are  totd  he  has  very 
Itfly  shot  himself 
Coittu^ham.  He  was  v«ry  poor,  I  always 
oked  opoo  him  to  lie  an  honest  man  ;  lie  told 
ne  at  the  lame  time,  I  forpot  to  tetl  yonr  lord- 
\ii|>a»  if  Mr.  Pouher  could  he  hut  delivered  up, 
^^Dohl  be  very  eany  ;  he  was  sure  he  was  in 
pytauces  to  pay' him. 
Tmn,  Saj,  My  Innlfyif  the  cfenllemrn  have 
nne  with  thia  witnecs,  we  de«iie  to  cnl)  a  wit* 
or  two  »n  relntjoii  to  the  I4tli  Article,  to 
the  credit  of  Foulter  t^hen  hisd»-bCwa« 
We  apprehi-nd  thitta  little  r%iiJence 
'  rvu  to  dear  up  the  iunocfnce  of  thi«  tio-. 


!ie  iiaid  be 
the  Court 

(>rs. 
se? 

Dpcemher 
n  this 
Js  h.id 


F'   nl   , 


iImn 


rif'i'uviOii 


fhi. 


IKiwer  apply   thereto;  a  hitle 
le  it  appear,  that  however  itn- 
tmala  U  waa  in  tbt  cotist^u^isce,  lie  did  it 


Com  Scrj.  My  lords,  we  call  this  witness  to 
prove  tJie  two jiidu^ments,  the  one  ajfuinst  Poul- 
ter,  to  nhew  that  ihtrc  was  s  real  debt  due 
from  Foult4*r  to  Wikon  ;  the  other  is  a  copy  of 
«  j II dfrmerit  by  Wilson  agamsl  the  marshal  of 
thi   Kinj,'*R-hcnch,  for  the  escape  of  PouUer. 

Hunt-  My  lords,  I  examined  these  two  co- 
pies  of  juilg^mentii  with  the  records  in  tho 
Court  of  K i II IT* s- bench.  Thry  are  true  copies 
of  itrejndt^neotM. 

Vmn.  iiery,  1  desire  he  may  he  askeil,  whether 
he  was  the  sttorucv  for  Mr,  Wilson  ? 

Hunt.  I  was  the  attorney  lur  Mr,  Wilson 
in  that  adjust  MaclieUf  atid  entered  up  th« 
judgment  m  the  other. 

Cam.  Si^tj.  is  it  your  lordships*  pleasure  that 
the  judgment  should  be  read  at  larjje  ? 

fcierj.  Probifn.  Bead  only  a  word  or  two  of 
the  juiigments,  the  names  of  the  platotifi^and 
defendant^  the  mouey  demanded,  and  the  sums 
recovered. 

\_Cicrk  reads  the  heginninsf  and  ending.] 

**  Memorandum  quod  alias,  scilicet  Term ino 
Sancti  Hilarii  ult'  pnaeterit'  coram  Domino  He^c 
¥eu'  Willielm^  Wilaon  versus  Edvanjum  P*kiI- 
ter — Ideo  considerai*  est  quod  prccdiei'  Wil- 
lielm'  recuperet  versus  pnelal*  l^dvardum 
Poulter  damua  sua,  qua'  quldem  damun  in  toio 
^e  attin^UQt  m\  octodvi'im  iitille  seplin^ent*  et 
sexa^nut*  Ubraa  duodeeim  solid*  et  quinque 
denar*.** 

Herj.  Prohyn,  The  first  is  again kI  Poriller.     ' 

Mr,  Luliyche.  \a^\l  when  liie  judi^ineDt 
wa.^  ittgued. 

Hunt.  It  was  sigiied  S3  Deeeitiher»  ITfil. 

[The  Judgment  read  against  Machen.] 

**  Placita  r^ram  D*»mino  Rege  apnd  Westm* 
de  Terat'  Sancti  Mtehaeli^,  umleciiuo  Gcorgii. 
xMcmoruodum  quod  WiUielm'  Wilnon — protii* 
lit— bdlam— vrrs*  Richardum  I^lachen — de 
piacito  debiti — quod  reddat  ei  oetiidei-im  luillis 
septingenl^  iictogint^  ft  im^  lib. — ^Ideu  convide* 
rut*  e§t  quod  pned'  WiKiehu'  Wilson  reou- 
|ieret,  ^cc.** 

Judgmcnl  signed  ^7  Nov.  1794. 

dm.  Strj,    If  your  lord««hips  please  he  i 
Ijo  aske<l,  if  he  knows  of  any  otIVr  made  ^ 
Pouher  for  a  comiKiKiiifm,  »nd  whnt  lium  of  r 
tiey  w»s  ottered,  and  \vQvt  Mr.  Wilson  hrhaved 
himself  on  that  occanioii.' 

Hunt^  1  don^i  know  of  any  composHiou  of-* 
fered,  of  my  own  knowledge;  I  have  heard 
the  present  mnisihat  of  the  King^k-brnch  lay^ 
there  was  l,OCKJ/.  offered  ;  hut  1  ttad  r>rdeis 
from  my  clicut,  tf  any  offer  viere  made  to  me^ 
cioK  to  a€?cept  it,  hut  to  rrier  the  person  tt  ho 
made  it  to  him. 

Com.  5rr>.  As  Mr.  Wilson  is  dead,  I  desire 
Mr.  Hunt  msy  be  aaked,  whether  Mr.  WUvoii 
gave  any  rrasoa  far  that  ocdcr  uot  to  compound 
With  hiiuf 


i 


1807] 


10  GEORGE  L 


Trial  tfike  Earl  ofMacdeffieU^ 


[1908 


Hunt.  Mr.  Wihwn  bath  often  nid  that  it 
was  his  opinion  Mr.  Pouller  was  able  to  pay 
him. 

Com,  Serf,  We  hare  done,  my  lords,  with 
Ibis  witness. 

Serj.  Probjfn,  Vly  lords,  we  beg  leave  to  call 
a  witness  to  shew  that  at  this  time  Mr.  Poulter 
bad  the  reputation  of  being  a  man  of  substancey 
and  an  honest  roan. 

Mr.  Ttter  Candy  sworn. 

Seij.  Prchyn,  My  lords,  I  desire  Mr.  Gandy 
flsay  give  your  lordships  an  account,  whether 
Mr.  Poulter  had  not  the  reputation  of  being  a 
substantial  man  about  the  year  1729  or  17Sd  P 

Gandy.  Mr.  Poulter  always  lived  in  good 
reputation,  and  was  reputed  to  be  an  houfst 
man ;  he  lived  at  Hackney,  he  told  me  he 
purchased  6,000/.  8nuth  Hea  stock,  which  cost 
liim  36,000/.  and  transffrred  it  to  Mr.  Knight, 
and  Mr.  Knight  ^ave  hiiu  nothing  for  it. 

Serj.  Probyn,  I  desire  to  ask  you,  whether 
he  wa.«t  a  spbstantial,  honest  man  ? 

Gandy.  I  believe  he  was  ;  be  always  bore 
an  extraonlinnry  character,  I  believe  I  might 
summon  all  Exchange-alley,  and  they  would 
say  the  same  ;  he  was  reputed  to  be  worth  a 
great  deal  of  money,  and  a  very  honest  man. 

Mr.  Lutvyche.  At  what  time  was  this  that  he 
was  thoui^ht  a  man  of  substance  ? 

Gandy.  When  he  lived  at  Hackney. 

Mr.  Lutti-yche,  Afier  he  was  arrested? 

Gandy.  Yes. 

Mr.  Lutwyche.  Will  you  say  aAer  he  was 
arrested  he  ««as  a  substantial  man  P 

Gandy.  No,  niy  lonlfl,  1  do  nut  say  he  was  ; 
but  he  was  generally  reputed  to  be  so. 

Mr.  Lutwyche.  Whether  at  the  same  time 
you  mentii^n  that  he  told  you  the  circumstance 
of  transferring  stock  to  Mr.  Knight,  that  was 
not  given  as  a  reason  for  his  deficiency  P 

Gandy.  He  said,  lie  had  been  able  to  pay 
Mr.  Wilson  every  farthing,  if  Mr.  Knight  bad 
not  gone  away. 

Mr.  Lutwyche.  That  is  what  Mr.  Poulter 
told  Mr.  Gandy. 

Serj.  J^eng.  1  desire  he  may  be  asked  when 
PouHer  was  nrst  known  to  be  in  a  failing  con- 
dition P — Gandy,  I  dotiU  know. 

Serj.  Peng.  When  was  he  arrested  P 

Gandy.  1  don't  know ;  he  told  me  he  should 
have  been  able  to  have  paid  Mr.  Wilson,  if  Mr. 
Knight  had  not  ifone  away. 

Serj.  Peng.  Did  he  give  you  that  as  a  rea- 
son why  he  could  not  pay  Air.  Wilson  ? 

Gandv.  Mr.  Knight  not  paying  him,  he  said 
he  could  not  pay  Mr.  Wilson. 

Serj.  P^ng*  Was  that  the  reason  ? 

Gandy.  Here  is  another  grentleman  will  tell 
you  he  was  employed  to  make  a  composition 
with  Mr.  Wilson,  and  he  c«n  tell  you  more. 

Mr.  Omlow,  What  was  Ponlter's  profession  P 

Gandy,  He  was  a  servant  to  Mr.  Strood 

Mr.  Onthw.  What  it  Mr.  Stroud  P 

Gandy,  Mr.  Stroud  is  a  sworn  broker. 

Mr.  Unilom.  I  desire  tn  kaow  what  profes- 
sion this  person  is  off 


Gandy.  Itranuctin  EzdMBge-AUey  as  a 
broker. 

Mr.  Lutwyche.  Did  not  Mr.  Poulter  transart 
as  a  broker  tooP— Gatu/y.  Yes. 

Dr.  Sayer.  We  are  not  now  apon  the  poin 
what  he  was  really  worth  nt  tku  tine,  bat 
what  his  reputatkHi  and  cbttracter  was,  ui 
therefore  we  desire  to.  know  what  that  wsi^ 
whether  he  was  not  looked  upon  an  a  siibstin» 
tial  manP 

Gundy.    He  bore  a  good  character. 

Mr.  Strange.  What  was  his  charactsr  u  li 
his  circumstances  at  that  time  f 

Gandy.  His  character  was  then  Tcry  gssd^ 
and  so  continued  till  he  was  pot  in  nrison. 

Mr.  Strange.  Where  is  he  now  r 

Gandy.  He  is  at  Rotterdam, 

Mr.  Scott  sworn. 

Cosi.  Serf.    I  desure  that  Mr.  Soott  may  is* 
form  your  tordships,  whether  he  knew  Mr. 
Poulter,  and  what  his  character  and 
was,  as  to  substance  P 

Scott.  Mr.  Poulter  I  had  been  ac^naialrf 
with  a  great  many  years ;  I  looked  upon  kks 
to  be  a  very  honest  man ;  and  in  the  year  1790 
he  transacted  abundance  of  busineaa,  and  I  dil 
a  great  deal  of  business  for  him  and  sane 
other  gentlemen  at  that  time,  as  a  scriveocr. 
In  the  year  1720,  upon  the  fall  of  the  slodsi 
he  came  and  told  me  he  was  ruined  by  it,  astf 
begged  of  mu  to  assist  him.  He  told  meil 
first  he  had  some  accounts  depeHdinsr  with  Mr. 
Wilson. 

Seij.  Peng.  1  desire  he  may  repeat  it,  wb«t 
he  told  him,  and  when  P 

Scott.  About  Decemlier  1720,  before  Mi; 
Knight  went  away,  he  said  he  had  large  ae- 
counts  with  Mr.  Wilson,  and  that  he  was  st> 
terly  ruined,  because  be  said  he  had  trsas- 
ferred  6,000/.  South  Sea  stock  to  Mr.  KnMi 
which  cost  him  40,000/.  or  betier,'and  if  W 
could  not  get  it  of  Mr.  Knight,  he  must  bs 
ruined.  He  told  me  I  was  acquainted  with 
several  gentlemen  of  Mr.  Wdson's  acquaish 
ance,  and  desired  me  to  speak  to  him  or  thca 
about  this  matter. 

Sometime  after,  Mr.  Wilson's  agents.  Mr. 
Ashton,  I  think,  and  one  Mr.  Newt*Hi,  sent  is 
Mr.  Poulter,  and  desired  a  meetina^  on  i hi-  be- 
half of  Mr.  Wilson.  I  went  on  the  bel<&lf  sf 
Mr.  Poulter,  and  carried  a  friend  uith  me; 
we  met  at  the  Crowu>  tavern  over  against  $L 
Clement's  church,  and  we  told  them  how  Mr. 
Poulter  was  served  ;  that  Mr.  Knight  bad  m 
much  stock  of  his  without  any  nsanoer  of  cos- 
sideralion,  as  Mr.  Poulter  bad  tokl  us ;  thai 
Mr.  Pouller  was  willing  to  do  any  thing  tlicy 
coukl  expect  Some  coosiderable  time  afWr- 
wards,  1  heard  Mr.  Pouller  bad  been  arrNlvd, 
and  he  desired  me,  as  being  aG<|4iaioteil  with 
Mr.  Wilson,  to  go  to  Mr.  Wilson,  and  use  if  I 
coiikl  make  up  the  aflair;  he  afpfeheoded  thil 
his  bail  would  surrendsr  him :  whcrevpoa  I 
went  to  Mr.  Wilson,  and  told  him,  that  Jlr. 
Poulter  prolestid  lo  mn  kn  «w  wsrth  kA 
5,5tH>/.ortlisinbwtS|Md  llMtkiw««ld» 
.  4 


180£0 


J&r  High  Crimu  and  Mitdemeanon. 


A.  D,  1725. 


[1310 


^t^vmt  to  gel  frirnd*  to  mike  it  up  4,000/.  if 
Mr.  W  lUon  wouli)  ucccpt  tl,  I  was  with  Mr« 
>Viboii  serersl  liiiieii  ikMUl  tlii4  iD»tter»  but  he 
would  not  accrut  it, 

8en.  PtTi£.    bid  be  give  any  rcison  why  lie 
wottkl  uoc  Accept  U  p 
^§Scoit*    He  taiil  b«  lookid  upon  Afr.  Poult^r 
t  to  be  au  bofie;>t  man,   ami  that  i»e  could 
'  tnare ;  I  said  b^  hod  better  uke  ibat  tban 
I  bioi  ill  prisoQ. 
t.  ScTj,    NutwiiUgtandiuff  tbtte  priFate 
tioDS  o(  bis  disability,  Ideatre  to  know 
at  waa  bis  geoeral  character  aa  to  his  cir^ 
limvtauc^s  f 

ScoU.  He  nas  looked  iipofi  to  be  a  very  bo- 
*  nian,  and  in  g^ocnl  circuinstances  ;  he  hatb 
\  trusted  Vfiih  thousands  and  ihousands  of 
lands, 
en.  Peng.  I  desire  be  Toay  be  asked,  whe- 
the  money,  the  SH,000/.  Wilswo  lent  to 
was  uoi  tor  atock-jobbin^ ,  fur  him  to 
c  with  in  the  alley. 
I  Scott.  1  know  nothing'  at  all  of  ibat. 
I  li^ri.  t€ng*    VVbelher  be  batii  not  declared 

No,  f  know  nothing  of  that ;  when- 
J  was  iu  company  with  Mr.  Wilson  he 
always  very  sliy,  and  wouUl  not  speak 

If.  Piumtner,    1  desire  he  may  be  Asked, 
blielber  iu  June  or  May  17^0,  he  looked  u|ion 
Foulter  to  be  a  ^uod  man  ? 
coti*    Mr.  Poulter,  in  April  or  May  1721, 
I  me  his  circumstances,  and  dtr^ired  me  to 
to  Mr.  Wibou  to  meet  tiiose  gentlemen, 
I  to  treat  with  them  ;  hut  eT<£ry  body  then, 
ept  four  or  live  perinns  to  wboiii  he  had 
de  known  bis  circumstancas,  reputed  him 
I  honest  snd  a  (substantial  man. 

Serj.     I  drsire  be  may  inform  your 
,  iu  May  1731,  what  hia  (general  cha- 
or  what  w.is  |;^Qi>rslly  thnu^^ht  by 
rpeople  of  liitn,  wiUiout  rdattou  to  bin 
|>aiijculur  knouletl(»c  ? 
C4dit.  He  was  looked  upon  as  a  man  of  sub- 
Qre,  ami  a  very  hunesi  man. 
Ir.  S*tntij/x,  I  de&ire  hf  would  expUin  him* 
^fi  wli4^Lher  he  was  looked  u^iou  at  that  time 
bimKt^it  to  be  a  sufficient  moji,  and  »ble  to 
Hwer  tiie  deujand  of  Mr.  WiIimiu  ' 
\ik4fU.     Hi'  hitd  told  me  a  ri'asOH  lo  induce 
til  hAvc  but  an  ill  o(#iniuu  ot  bin  ubititv,  that 
ibid  tranKlerred  6,QU0LiiU>ckto  >]r.  Knight, 
'ico«t  him  40,000/.  and  upwards. 
\Peng,     Whether  Mr.  Poulter  at  that 
t tm  ileahug  m  Ibe  way  of  bufintss  aa 
•    Ff 

,  I  believe  he  did  not  at  that  time  : 

p€^  in  t7'iO,  hii  buHJOien  waa  dnnr«  and 

|bt  bimsell  worth   m   great  deal  of 

Wlietberin  Ibeysar  1790,  be 

nut  lookeil  upon  to  Imrtt  got  a  great  deal 

Lmoneyt  and  for  thai  reaeMin  lo  have  quitte^l 

It  wa»  ib««  tibfln  aa  t  ke  was  then 
p«o  M  1  Bta   of  grciA 


there  were  not  aboire  five  who  knew  his  drcum- 
statioes  to  be  otherwise;  Ite  was  generally 
looked  upon  then  to  be  a  man  ofeubetaoce. 

Mr.  Lutwi/che.  It  is  a  very  aorpriMiig  way 
to  establiah  a  man's  reputation,  to  say  be  was! ~ 
manof  suNtance  when  he  ufferedaoomp 
tion  I  and  at  the  same  time  be  could  not  pt| 
his  debts,  be  is  understood  lo  be  a  man  oi'  sub- 
stance; I  desire  to  know,  whether  tt  was  afier 
or  before  you  had  that  meeting,  and  oflered 
the  compotfitiou  ? 

Scott.  1  believe  it  was  afler« 

Mr.  Lutuyche*  Did  you  take  him  to  be  ft 
man  of  eubstanoe  afterwards,  after  you  bad 
offered  a  compoAtion  for  him  f 

E.  of  Macc.  This  f^entleman  bnth  answered 
tivo  things  very  consistent,  tliat  he  aod  three  or 
four  more,  who  knew  Mr.  Pou Iter's  circum*- 
stances,  knew  ibat  he  was  not  a  man  of  sub* 
stance  then,  but  that  all  other  people  looked 
upon  htm  to  be  a  man  of  substance,  and  betellt 
you  how  he  came  to  be  so  esteemed, 

Scott.    Yes^  so  it  was. 

Mr.  Lutwjfchc,  1  desire  to  know  again,  whe- 
ther alW  the  year  1790,  he  transam^d  businefs 
as  he  ui*e<l  to  do  i*^ — Scoti.  No. 

Air,  Lulwyche.  I  desire  In  know  again « 
where  he  tir^  aiW  llie  year  ]7€0,  and  what 
means  he  had  to  hve  upon,  besides  bis  busi- 
ness ? 

Sent  I.  lie  lived  ais  a  gentleman  at  Hack* 
ney,  had  Ins  house  well  furnished  and  full  of 
plute  ;  I  have  been  at  bis  house  aevend  tiotes* 

BIr.  Lufn'yr/i*.     How  long  ai^^ti  ? 

Scon.  I  behere  a  year  and  a  half,  or  two 
years  ago. 

Dr.  &ryfr.  1  donH  apprehend  it  is  material 
what  this  gentleman  thtiu^'lii  fnun  the  private 
conversation  be  had  wiih  l^lr.  Poulter.  The 
general  re{miatton  iii  sutBcjcnt  tor  us  to  justify 
what  wan  done;  I  desire  he  may  be  a^ked, 
whether  till  that  conversation  be  btmt^elf  did 
not  look  u\mn  him  to  be  a  man  of  sub«taiu:e  ? 

Scott,  I  I  Of  iked  upon  him  to  be  a  man  of 
subiitsnce,  till  he  told  me  be  waa  so  unbappv 
that  he  could  not  get  bis  40,000/.  aod  upwards 
of  Mr.  Knight. 

Mr.  Lutmtf^Ju*  When  was  it  be  tokl  you  so  T 

Scott.  \  believe  some  time  in  December 
17ao,  that  be  told  me  so  first. 

Mr.  hutw^hi.  The  composition  was  in 
173^. 

Serj.  Pengelly.  I  desire  he  may  be  asked 
one  general  t^ueMtion,  W briber  afti^r  the  yeu^ 
1721,  Mr.  Poulter  retained  any  character  of 
»ultictency  or  abiitly  f 

Scittt.  He  was  booked  upon  by  tvety  one 
Uiat  ilid  not  know  this  affair  of  Mr.  Knight's, 
to  he  a  man  of  ftulficiency  lu  ir31. 

Mr.  iMittyrhe.  AfW  17«1,  wlielher  it  was 
not  generaUy  known  ibat  Mr.  Poulter  waa  an 
twuilieienl  man  ^—Seott.  No,  I  believe  not. 

E .  of  Ahingdon.  J  f  tbey  have  done,  I  desire 
to  a«*k  this  witnwia  a  qocvtion,  whether  it  was 
geneifiily  known  tlaii  Mr*  Poulter  had  trans* 
acted  lor  Jlti.  KniKbl? 

ScotL    Not  la  I  know  of  ^  1  bdieva  not. 


I 


1211J 


10  GEORGE  I. 


Tfid  of  ike  Eart  ofMaeeUf/UU^ 


[ISIS 


Kerj.  PrnbjfH.  My  lordf,  we  shaO  trmiUe 
your  lordships  with  do  ftvther  eridcnoeoD  this 
ilrtide.  Mo  if  y oar  lordships  please,  we  shall 
BOW  proeeed  to  the  other  Artides. 

Mr.  Strang/:.  With  your  lorMiips'  per- 
mission, we  will  now  go  on  to  the  neit  set 
of  Articles  that  were  opened  by  the  Mana- 
gers for  the  honourable  House  of  Conmons, 
which  are  the  Fifteenth,  Sixteenth,  and  8e- 
Tcnteenth  Articles.  And  I  shall  now,  as  I  did 
before,  confine  myself  to  these  particular  Ar- 
ticles. 

The  Charge,  my  lords,  in  these  three  Arti- 
cles consists  of  several  acts  supposed  to  be 
done  by,  or  by  the  order  of,  the  noble  Earl 
within  tlie  bar,  and  are  laid  to  be  all  tending  to 
the  same  design  of  concealing  the  deficiency 
•f  Dormer's  office. 

For  which  purnose,  my  lords,  it  is  said  the 
aoeounts  of  the  Masters  were  (»]led  for,  not 
with  any  design  of  examining  the  accounts, 
but  with  an  intent  to  terrify  the  Masters,  and 
oblige  them  to  contribnte  towards  answering 
the  demands  that  should  be  made  upon  that 
office :  and  as  an  instance  of  this  design,  the 
Commons  charge,  that  after  a  contribution  by 
nine  of  the  Masters,  the  Earl  did  not  oblige 
tliem  to  bring  in  their  accounts. 

That  upon  occasion  of  another  sum  of  money 
wanted  to  pay  off  a  suitor  who  had  an  order 
for  money  in  Dormer's  office,  the  noble  Earl 
pressed  the  Masters  to  raise  it  amongst  them- 
seWos;  and,  upon  their  refinal,  caused  his 
secretary  to  pay  it:  and  that  notwithstanding 
tliis  notice  of^Ekirmer's  deficiency,  an  order  was 
afterwards  made  for  Mr.  Edwards  to  enquire, 
whether  there  was  likely  to  be  a  loss  of^  any 
money  deposited  with  Mr.  Dormer. 

And  as  a  farther  instance  of  this  endeayour 
to  conceal  the  deficiency,  it  is  insisted  on,  that 
several  orders  were  made  for  the  pa^^ing  some 
suitors  the  whole  of  their  demand,  without  re- 
gard to  that  just  nroporlion  to  which  the  other 
suitors  were  entitled. 

This,  my  lords,  is  the  state  of  the  complaint 
contained  in  these  three  Articles. 

And  as  to  the  first  part  of  the  complaint  in 
railing  for  the  account,  and  terrifying  the  Mas. 
tera  into  a  contribution,  I  shall  bec^  leave  to  in- 
sist upon  two  facts ;  cither  of  which,  in  my 
humble  apprehension,  will  be  a  sufficient  de- 
fence apfainst  the  Char^. 

The  first,  my  lords,  is,  that  the  contribution 
wasvolunury:  and  the  next  is,  that  long  after 
til  is  contribution  the  accounts  were  continued 
to  be  called  for,  notwitlistanding  it  is  charged 
to  have  been  dropped  immediately  upon  the 
eontribiition. 

To  prove  tike  contribution  voluntary,  I  beg 
leave,  my  lords,  in  the  first  place  to  look  back 
upon  Mr.  Lightboun*s  e\  idence,  where  he  ac- 
quainted your  lordships,  that  upon  his  asking 
the  noble  Earl,  who  the  prbposal  came  from, 
the  Earl's  answer  was,  that  it  came  from  some 
•f  the  Masters :  and  he  concluded  his  account 
•r  that  conversation  with  iBlormiog  your  ford- 


ships,  that,  vpon  Us  deefiniiig  to  esntributei 
the  Earl  left  him  to  his  liberty. 

But,  my  lords,  not  to  rest  it  npoaMr.Iijrht- 
boire'a  evidenoe  only,  we  shall  caU  Mr.  Cot- 
tingfiam,  who  was  acquainted  with  the  whole 
traosadioo,  and  will  inform  your  lordships 
that  the  oontribatlon  was  altogether  yoluntaiy, 
and  of  their  own  proposal. 

My  lords,  the  other  branch  of  the  Ailiokr 
and  which  indeed  is  the  jet  of  the  whole,  r^ 
lates  to  the  dropping  the  design  <»f  looking  isli 
the  acoonnts  upon  the  making  of  this  esslri- 
bution,  which  we  shall  be  able  to  falsify ;  isl 
the  account,  my  lords,  we  shall  give  of  Ar 
whole  transaction  is  this : 

In  February  17S0,  Mr.  Cottingbam,  bvii 
Earl's  directions,  wrote  a  letter  to  the  Nmsb, 
requiring  them  to  make  up  their  accounti,  ■& 
present  them  to  the  Earl,  according  to  a  pka 
which  he  imparted  In  them  in  that  letter. 

Your  tordships  are  pleased  to  observe,  Ihd 
Mr.  Dormer's  failure  was  at  Christmas,  ui 
this  letter  in  February  following,  before  Mr. 
Dormer  had  any  leave  to  come  over,  or  a^ 
discovery  had  been  made  of  the  condition  of  isi 
office. 

My  lords,  the  nse  which  the  bonooraUc  Hi- 
nagers  say  was  to  be  made  of  tliis  letter,  sm 
so  little  understood,  that  some  of  the  Hartnf 
did,  pursuant  thereto,  make  np  and  ddivcr  ii 
an  accompt, though  not  aocordmg  to  the  dirR* 
tions  they  had  received :  and  the  affiur  of  Mr. 
Dormer  coming  on,  caused  a  atop  in  inbf 
up  these  acoompts,  till  afler  the  appointing  • 
successor,  and  making  the  contribution,  irbiA 
I  think,  is  already  fixed  to  have  been  in  or  abitf 
Aucrust,  1721. 

My  lords,  the  summer  beinir  then  hr  w^ 
vanccd,  and  every  body  going  out  of  town,  ihc 
aocompts  were  not  exacted  at  that  time ;  Wl 
upon  their  return  to  London  a  new  order  v* 
sent  by  Mr.  Cottingbam  in  November,  wiA 
fresh  directions  for  bringring  in  their  accompH 

My  lords,  1  must  here  beg  leave  to  obsrrif^ 
that  if  the  contribution  was  all  that  was  tiad 
at  by  calling  for  these  accompts,  how  comes  t 
to  piass  that  Mr.  Ughtboun,  who  never  contri- 
buted, was  not  called  upon,  in  a  particstar 
manner,  to  bring  in  his  accompt,  which,  I  tf 
not  observe,  was  proved,  or  so  much  as  opcsrf 
by  the  learned  Managers  f 

My  lords,  the  true  reason  why  these  i^ 
oompts  were  not  brought  in,  was  the  insopo^ 
able  difficulties  of  such  an  undertaking;  ' 
which,  I  am  persuaded,  no  other  evidenceaedl 
be  given,  than  to  reflect  on  the  prooeedi^l 
that  have  been  of  late  in  taking  these  accosipKi 

But,  my  lords,  a  learned  Manager  «tf 
pleased  to  say,  why  did  this  noble  Eari  ksif 
the  ofBce,  if  lie  was  not  able  to  do  the  bnsises 
of  it  ?  I  hope  your  lordships  won't  think  tht 
noble  Earl  was  idle  all  the  while :  every  hdj 
knows  the  great  variety  of  business,  and  m 
continual  hurry  a  Chancellor  is  in :  the  sHh 
nary  bminess  of  the  Court  of  Chancery  is  u^ 
fident  to  engage  a  man  of  nnoommon  apffiM^ 
tion:   what  n  litigae  theoi ny  lordi^ b^ >I ' 


f(tT  High  Crime*  and  MUdenuanors, 


A.  D.  1725. 


[18U 


^wheD  the  uecoui&ry  attendance  upon  your 
Mlhip*,  and  at  ibc  council  tabic,  are  both 
mien  itjio  the  accouut  ?  8ure  I  ajsi,  my  torcti, 
I  can  nrrer  l>e  said,  that  lUtfe  waa  no  watit  <if 
'  iLf  iliese  accounts* 
ranch  of  the  Charge  ia 
tuiiiL-r  lur  i»uTHTt.  ui  Mrs.  Chilly,  which*  it  ia 
f,  waa  paid  hy  the  nohl*  Fsu  I'l  ^lirection.  in 
rr  to  conceal  the  deficiency  ;  but  f»ray«  my 
ria,  cto  not  the  Artjcic  antl  ctidcDce'  both 
»voy  the  KUpposilion  ?  Could  the  earl  of  Mac- 
5csfic)i1  intend  to  conceal  the  deficiency,  wbeo 
\e  cautioned  Lorkman  uf^^atnat  marrying  Mr*> 
in  prospector  any  more  money  to  be 
-  (jui  of  Dormer**  office  ?  •*  That  thia 
|Quld  lie  tl»o  hilt  payment^ ^  (I  ^re  your  lord* 
plpa  the  very  words)  **  she  was  hke  to  rec4jive 
ml  of  ihe  money  paid  into  the  haitda  of  Mr, 
[)orrner.  for  the  residue  thereof  was  in  danger 
if  bdng  lost,  by  reason  of  the  deficiency  in  tbir 
rlTects  of  Mr.  Dormer/'  Is  this,  my  fords,  a 
SDu^faluienl  of  the  deficiency  ?  A  paymeut  of 
l,00t)/*  of  I  he  noble  Ear  Pa  own  naoucy,  iu  order 
jgl  the  suitor  should  hate  no  suspicjon  of  a 
Hptency ! 

^vul  to  go  farther,  my  lords,  we  shaH  abcmr, 
bat  the  puyment  of  this  money  did  not  proceed 
him  any  «uch  low  motive,  as,  I  may  say,  is 
mcharitably  representee]  in  this  Article,  but 
rom  a  noble  mbture  of  generosity  and  com- 
Mission  * 

Mr.  Lockmafi,  roy  lords,  represented  him- 
elf  u  to  undone  mau  if  he  had  not  the  money  i 
le    rtrat  iuainuated  himself  among  the  noble 
tTVairta,  as  a  person  under  the  utmost 
and  the  frequent  solicitations,  which 
ut^-ii  oirns,  are  a  strong  eriJencc  of  that  dii^ 
when  be  had  trained  access  lo  the  Earl, 
tlold  bis  story  in  so  moving  a  manner,  not 
pout  iiitimulions  of  some  desperate  rcsolu* 
!»•'&''*  '"'  '"""^   •"  '^^"^  '*'  *"■  had  not 
ey  au  -  rt-  com- 

h):.  _        (whose 

I  always  open  to  the  untbrtuDate)  was 
I  with  to  order  him  the  mom^y.     And 
*  ¥haf!  prove  to  your  lordships,  that  how  little 
|i»iblc  soever  he  now  ia  of  so  great  a  favour, 
~Lit  tliat  lime  he  c xpresstHl  himself  in  terms 
pe  the  mo«t  hi^^hly  ohliged  ;    and  1  helieve 
I  our  uitiviftses  to  lhii9  transsctifin  come  to 
xm mined,  they  will  leave  Mr.  I^ckman 
lin!  '  "     *  'lips,  and  will 

•av  (on  of  affect- 

|any  ».i'  Ji  r.iM.ii  III  vt\  iiMi  MWD^i^ction. 
ly  Iorii«,  the  last  hrarich  of  tlu**  Article  re- 
dam!  j'^-  *     I  *o  he  made  by  tlie 
and  Case,  and  an 
i  .dwards  to  enquiro 
r  was  likely  to  be  a  lo«  of  any  money 
iited  with  Mr.  Dormer, 
ly  1'  Ur  occasion  and  roan - 

L  «jf  '  I  and  order  have  bven 

evidence  we  have  alrtiady 
'  f  jnd^menii  und  proceedini(« 
'T      r    titer  and  the 
'_■  your  lord- 
rilu  i  rvLKiuioy  ^)\^  it  Piiui^  sufiidciil  fgr 


my  purpose  in  aoBwenog  it  as  an  instance  oft 

coaceahiieiit,  to  observe,  thut  the  whole  tritos* 
action  waa  after  the  aocompts  of  the  Mastsrt  \ 
bad  been  laid  before  the  committee  of  council^  J 
when  it  waa  too  lata,  and  to  no  purpose  to  afieot  J 
any  concealment.  f 

Aly  lords,  the  last  lir*nch  of  the  Charge  I 
am  Kow  upon,  relates  to  the  making  orders  for 
paying  to  aefcral  Kuitani  their  whole  demand^ 
out  ot  the  eflects  of  Mr.  Donner,  without  te*  ' 
gard  to  thiit  jost  uroportiou  to  which  the  other 
Huitors  were  entitled  :    aud  the  case  of  £ddis- 
bury  was  mtntioned  for  this  purpose  ;  though  j 
1  did  not  observe  the  genllemea  eptered  intt  ] 
any  proof  of  what  was  done  in  that  Case. 

My  lords,  in  proof  of  this  Article  aeveial  or- 
ders were  read  i  but  1  appeal  to  the  evidence  of  <^ 
Mr.  Edwards,  w bather  it  did  not  appear,  upo«4 
hie  cross  examination,  that  it  was  but  iu  on* J 
cauaeonly  where  the  whole  money  was  psiit  f 
out ;  and  whether  that  single  instance  i%  a  sufn 
Ijcient  proof  of  this  Article,  1  must  submit  i 
your  lordships* 

But,  my  lords,  the  true  answer  is  tlits :  both  4 
the  noble  £ar1  and  Mr.  Edwards  doubted  ti'>li 
but  that  the  deficiency  would  be  made  good,  i 
and  proceeded  upon  Uiat  erpectation  ;  nor  caa  { 
a  stronger  evidence  be  given  (and  I  desire  if^ 
may  be  applied  to  some  of  ihe  other  Articles)  | 
thai  they  were  under  thia  persuasion,  than  Mr. 
Edwards's  making  payments  without  any  ob*^ 
jcction.  j 

Especially,  my  lords,  when  it  is  considered i 
too,  that  ^r.  Lightboun,  who  was  so  averse  «|  ] 
ftrst  to  any  contribution,  has,  in  that  letter^ 
which  has  been  read  to  your  lordships,  men- 
tioned  several  of  his  own  schemes  for  making  | 
good  the  deficiency.  4 

Aud  if  there  was  a  prospect  of  making  good^ 
the  delicieucy  (as  1  humbly  apprehend  it  m\ 
plain  Ihire  was,)  it  was  very  proper  and  natural  j 
to  make  the  orders  tn  the  manner  they  are  now  \ 
complained  of.  The  nature  of  ordering  money  i 
out  of  Court  makes  it  imjiassibte  the  suitort  i 
should  call  for  it  all  at  once,  but  the  same  is  or-  ] 
dered  out  by  degrees ;  and  Mr.  Cottingham's 
taking  an  aasignmcotof  Chitty^s  order,  shews  ^ 
plainly,  that  tt  waa  exticctcd  eifecls  would  to 
time  come  in  to  discharge  that,  and  all  oihet  t 
demands. 

1  would  not,  my  lords,  be  imder&tood  by  any  • 
thing  f  hare  offered,  as  if  I  intended  to  dtsputc 
the  rule  of  equity  that  ha^  been  laid  dowu  by|i 
the  Managers,  that  where  several  persons  bai  «i  | 
demands  out  of  one  cioinmon  fund  that  cai 
answer  the  whole,  there  ought  to  bv  an  average  J 
in  siicb  case  :   but  wh&t  1  shall  beg  leave  to  i 
»iR(  Upon  is,  that  that  rule  only  holds  plaosi^ 
whore  the  qttantum  of  what  is  left  to  auvwer  it  \ 
fixed  and  ct;rtain.     (n  Ibis  case  Ihe  elTects  wert 
daily  coming  in,  and  and  therefore  a  deolaratioo 
of  an  mcragc  where  there  wss  hkely  to  be  oo 
**  I  would  nut,  in  my  humble  appre- 

!i  Mve  been  advisable  or  proper. 

1  litg  leave,  my  lonls,  to  clos»c  my  obctrfa*j 
clous  upon  all  the  Arttcirs  relating  to  the  i 
cealBMoi  of  Deruter's  dificimcy,  wiUi  smb* 


1215] 


10  GEORGE  I. 


Trial  tftke  EaH  ofMacde^d^ 


mittin^  it  to  ^onr  lordttiipi'  jad^meiit,  if  the 
whole  tnoatctioo  does  noCtpeiik  rtseir  fo  hftvc 
been  one  continaed  endetFoorto  wciire  lo  the 
saitun  their  whole  dcouuid,  and  to  here 
DO  more? 


Seij.  Tr<jh^.    Mj  lords,  the   Mamgeri^ 
when  tliejr  entered  apon  these  Articles,  pro- 
duced tn  order  made  by  the  late  Lord  Chao- 
ceUor,  io  the  3'ear  17S0,  bv  which  the  Nasteis 
were  obliged  to  bring  in  tneir  accounts,  which 
•s  ihey  diarge  10  hare  been  concerted  with 
other  Tiews,  and  for  very  diflerent  ends  than  at 
first  appear,  we  think  it  will  be  pitremdy  pro- 
per for  us  to  begin  our  defence  to  that  part  of 
the  Charge  with  a  witness  who  b  rcndy  Io 
shew  your  lordsbijis  the  real  designs  the  im- 
l^eached  Earl  had  m  calling  for  these  accompts ; 
and  his  evidence,  we  bnmbly  conceiTe,  will  sa- 
tisfy your  lordftbips  that  it  could  beibr  no  other 
purpose  than  that  the  Earl  might  the  better 
know  the  true  state  and  condition  of  their  re- 
spective offices,  in  order  to  find  out  a  proper 
method  of  redressing  such  grievances  as  were 
most  apprehended  at  that  time.    My  lords,  it 
will  appear  by  the  course  of  the  same  witness's 
evideoce,  that  the  other  order  that  was  made 
upon  them  afterwards  in  December  following, 
in  as  strong  terms  as  the  former,  could  be  for 
DO  other  reason  or  purjKwe  than  that  bis  lord- 
ship bath  assigned  in  his  Answer,  that  he  might 
understand  the  state  of  the  several  offioei,  so  as 
to  be  able  to  apply  proper  remedies  to  the  dan- 
ger which  was  then  dreaded.    All  this  will  ap- 
pear yet  more  full^  from  the  evidence  of  anoi- 
ther  HTitness,  who  is  to  inform  yonr  lordships 
of  the  particular  directions  the  noble  EsrI  gave 
about  the  manner  of  bringing  in  these  accompts, 
with  the  names  of  the  causes  of  the  respective 
solicitors  concerned  in  them,  and  also  wnat  the 
several  sums  first  paid  in  were,  the  time  when 
•0  paid  in,  and  also  when  the  same  or  any  part 
were  paid  out  again,  together  with  many  other 
particulars  which  his  lordship  tbooij^ht  neces- 
sary for  his  more  exact  information.    It  will 
be  likewise  made  appear  to  your  lordships,  how 
the  Masters    were    severally  consulted   with 
about  this  matter,  and  that  the  assistance  of  the 
blaster  of  the  Rolls  was  at  length  called  in. 
But  all  the  Masters  agreeing,  and  particularly 
Mr.  Holford  (who  had  been  in  the  office  for 
twelve  years)  that  it  was  next  to  impossible  to 
bring  in  their  accompts,  as  first  directed,  in  any 
reasonable  time  ;   then  it  was,  and  not  before, 
that  the  noble  Earl  condescended  that  they 
might  bring  them  in  in  a  different  manner.  Now, 
my  lords,  as  to  the  suggestion  that  all  this  was 
only  a  scheme  made  use  of  to  terrify  the  Mas- 
ters into  a  contribution  towards  Dormer's  defi- 
ciency, give  me  leave  to  say  it  is  impossible  to 
collect  the  least  view  of  that  kind  from  the  evi- 
dence laid  before  your  lordships  on  that  head ; 
for  the  Masters  who  did  contribute  on  this  oc- 
casion, have  all  sworn  that  they  paid  in  their 
money  voluntarily,  and  without  being  any  waya 
iufluenced  by  bis  lordship*s  threats  or  persua* 
•ions ;   so  far  from  that,  that  Mr.  Ughtboun 


[1216 

(the  only  Mailer  who  rcfoed  eonoarriog  la 
this  coDtribatioD)  made  no  eciicr  objection  tt 
thvt  te  it,  than  that  the  profionl  £d  not  oamt 
from  bis  lordship,  bat  fnms  the  ether  Maiaen; 
for  in  that  case  be  declared,  that,  if  it  had  oone 
from  the  noble  Earl  himaelf,  be  night  bie 
had  more  regard  to  it,  and  wooM  have  takcai 
into  his  eonsideratioB.    So  that  «ve  doubt  art, 
opoo  the  whole,  bat  it  will  ptainly  he  made  ap- 
pear to  yoar  lordships,  that  the  ooostant  ap^ 
otioa  which  the  noble  Earl  made  from  tineii 
time  to  the  Masti^rs  for  this  porpoae,  fitouM 
from  no  other  view,  than  that  as  sood  si  k 
might  be  truly  informed  of  thestate  of  tfadri^ 
ficea,  he  shonM  apply  pniper  remedies  ta  vfaf* 
ever  abases  be  should  diseover  ;   and  tte  » 
this  was  idways  bis  real  ioteotioo,  sobe«Bri< 
have  put  it  effectually  in  execotioo,  had  ks* 
remied  the  great  snl  so  aoon. 

Com,  Sen,  BIy  lorda,  we  ahall  call  a  oitam 
to  shew,  that  after  the  500/.  a-pieoe  was  pitf, 
the  aooompCs  were  called  fi>r ;  it  cannot  tbca  be 
pretended,  that  this  calling  lor  the  accsBpH 
was  to  teirify  the  Mastere  to  pay  this  50k 
a-mece. 

The  time  of  the  payment  of  thcee  5O0L  was 
in  Atigust ;  these  accompts  were  ealled  for  ii 
the  banning  of  November. 

Mr.  CoHin^Aam  called 

Sen.  Probyn.  I  desire  Mr.  Cettn^biB 
would  inform  your  lordships,  whether  aaj  dh 
rections  were  given  to  call  in  those  accoMft 
aboiU  November,  irsi  ? 

Coiiingkam,  I  did  in  Noveinber,  by  tfas  <- 
rection  of  the  Earl,  wrila  a  letter  dated  Nsno- 
ber  7, 1721. 

L.  C.  J.  King,  Have  yoa  any  draogbl  if 
that  letter? 

Cottingham.  I  have  a  draught,  the  osmait- 
tee  required  me  to  leave  the  letter  with  tbea. 

Mr.  Lutvyche.  My  lords,  we  will  da  ik 
noble  Earl  all  the  justice  we  can  ;  here  are  Ai 
letters. 

Cottingham.  The  first  letter  is  dated  Fchs- 
ary  14, 1720. 

Mr.  Lutwycke.  Whom  is  it  directed  tof 

Cottingham,  The  Letter  is  directed  ts  d^ 
Master,  aiul  this  is  the  Letter : 

"  Sir ;  1  am  commanded  by  my  Lord  Clir 
celk)r  to  signify  to  yoa,  that  yoa  do,  with  li 
convenient  speed,  lay  before  hia  lorddap* 
accoimt  in  several  ooluBma, 

"1.  Of  the  name  of  thecal 

3.  The  date  of  the 


«.  Tbsi*| 
leaidv.  ij 
ibioi0tia| 

L  w5n.r. 


citor  or  agent. 

For  what  purpose  the  money  v 

5.  How  much  was  brought  m.    6.  WIm» 

How  much  in  hand.    8.  How  much  on 

rity.    9.  How  much  paid  ont. 

"  A  distinct  Account  of  the  Secnritiei^^ 
Cause.  2.  From  wIkmd  the  secority  ii  tsk^ 
8.  What  the  security  is.  4.  In  wMS  i^ 
taken.  5.  For  how  nradi  each  secority*  ^ 
The  total  of  the  several  eecorhies  ia  the  «^ 
r.  iBwhoeehaDdiMged. 

«« A  diftiocl  AocooDt  ef  Monty  paidiilr^ 


12i7J 


J6f  High  Crimes  and  MUdcmiamn* 


A.  a  ins. 


I 


Cftiui.  2.  Br  what  onler,  nod  of  what  dtito. 
5.  IWn  paid.  4  To  whom, — Yoitr  very 
liumble  servant,  P.  Cottinchaii." 

Sir;  Bv  my  letter  of  ihc  14llj  of  Febniarv 
:aitUd  to  you  my  L'lrcJ  Chancdlor^ 
•*liicii  wiUf  that  you  should  with   nil 
"oohM    i        -!>ei*d  lay  your  account  before  Ins 
[of*  c  metliod  wbereol"  was  lo  be  in 

•i;f  era!  vjiutudi  subscribed  at  the  Ktot  of  that 
l«Uer.)  I  11(11  now  IhrlUer  to  acquaint  you,  thil 
'Ilia  lordthip  is  %ery  inuih  Bur|>i  tsed  to  find,  tbnl 
if]  all  tliifi  time  iici^ULb  nccomiit  (lalb  lieeo  laid 
b«fure  him :  and  therefore  hath  commajidtsd 
me  to  tell  you^  that  it  is  expected  to  be  deli- 
vereii  in,  (JO  or  belWe  tho  last  day  ofthi^  term. 
4&d,  if  this  xa  uot  complied  with,  ynu  it'ilt 
oblige  his  lordship  (thoug'h  fcry  unwilhuprtyj  to 
think  of  (jiher  measures  ;  which  I  doubt  not 
t>ul  you  will  avoid,  bv4i  ready  compliance  with 
^hat  ia  a  f»^cond  time  required  of  you.  And  to 
liie  ead  there  may  be  on  mistake  aa  to  ihe  me- 
fliod  of  your  iiccompting',  1  here  subscribe  it 
again  at  I  he  fool  of  thia  letter;  and  am^  Sir, 
your  rety  humble  i^trvani^     P,  CorrmuUAM." 

To  tlie  best  uf  my  remembrance,  thta  l^ettcv 
waa  delivered  to  ten  of  the  Alcisterc. 

ftlr.  Luttrycke.    Did  you  rfad  it  to  them  ? 

Cottin^ham.  No :  1  am  ^tm^  m  ^\te  you  an 
account.  My  lords,  aci^ordini^^  to  a  memoriin- 
dum  I  kf*pt  at  that  tune  of  this  iHler,  it  was 
Heliverpd  lo  ten  of  the  Master*:  loMr,  Koijltk^ 
Mr.  Hiccocki,  Me.  FHIoweii,  Mr.  Lif^htboun, 
Mr.  Dennet,  Mr.  Ilolford,  Mr,  Borrett,  Air. 
Godfrey,  Mr.  Conway,  and  Mr.  Lovihonil. 

8eri  Prohi/n.  We  desire  tliat  the  second 
Ifti  lober,  1 7*21 »  may  he  read. 

<  I     The  second  httcr  ia  datwl  Mo- 

vcmbcr  ?,  1721.  •*  Sir,  by  my  letter  of  the 
14th  of  February  last,  I  aigui(ied|  &cc*     No. 

t^j,  Fn*hf/n,  By  Ihia  it  appears  to  be  after 
tlic  *erer»l  500/. V  w^rc  paid  m,  the  hat  6*X)/. 
iiraa  pnid  m  in  Au|jruvt  bc^forif,  M^hieli  iihewfc, 
Ihrn  <  re  to  he  <*■     I  for  no 

och'  ihNf  the  su  !  I  have 

anti^t;irni)ii  *i»,  mjwo  as  A  propyl  rfUKiJy  could 
Im'  found, 

Horn.  Srrj.  I  beg  leave  to  make  ooe  obeerva- 
fioa  ;  hvt$:  h 

Mr.  Lutn'fu  hr.  rrilipy  have  any  more  ques- 
tio«ia  to  ;•  s  they  may  ;  the  c/b- 

ing  i    ,     /  irdi. 

Hayer.     i  tioiy  liei^  jeave  to  aak  this  one 

lion,  to  he  l>etter  informed;    the  letter  re- 

rifev.tt  i»  wriMen  by  the  command  of  my  l*ord 
Chan€?f Hor  r    I    wonlil  avk,   whether  m\^  Lord 

CU       '■  ■  ■     •^:^ 

^!  oe  with  the 

Hoe  li.im,  in  the 

WOnl  .    ■■'  ^V'         ■    '    uf 

•rdcrf  -  « 

VUU  XVI 


0818- 

verolieri^l 
of  thiH 

>f  17gl»B 


C^Hingkam,    Of  the  letter  of  Noverolieri 
17'iJ«  t  have  kept  tio  memorandum ;  of  th 
first  letter  1  hate. 

Mf,  Plurnmr.  Whether  that  letter  of  1721 
was  delivered  lo  the  3!a«trrs  ? 

Cottingham.  I  hehvve  it  was. 

Mr,  Plummn ,   Then  I  desire  lo  knoir,  if  the 
Masters  did  dehver  in  their  accompls  ? 

Cottinghttm.  1  donH  remember  they  thd 

Mr.  Fiiitnmer,    I  deaire  he  may  be  aaked,  i| 
afVer  ihiit  time  that  the  5O0/,  was  paid  in  obedi 
enc^tp  the  first  letter,  there  vias  Mfterward  any 
other  demand  made  upon  tlie  Maatera  for  moh  ' 
money  ? 

Cot^^nfiihmm,  I  know  of  »o  demand  madi 
upon  thiin,  except  the  500/.  a -piece. 

Mr,  PItifftmtr.    1  tlesiie  he  may  l>e  atked, 
he  doth  not  remember  1^1  rs.  Chilty'a  affair,  aii< 
if  that  waa  not  alter  1721  ? 

Cotiinf^ham,    The  business  of  Mra*  Chtttyi 
waa  but  in  July  laat, 

Serj.   Pengilly.     I  deaire  he  mny  be  askeit,* 
whether,  amce  no  accompt  was  ca)l(*d  for  after 
ihiii  hi»t  letter,  whether  he  did  not  underatiinri 
the  reaaon  to  he,  becauie  he  aiipreheuded  th#-'< 
Maatera  would  make  good  Mr.  Dormer^i  deH**^ 
cieoey  ? 

Dr.  S&yer,     My  lords,  I  submit  it,  whether 
that  question  ta  wateri^it  as  to  what  hi«iappre- 
hen«oo  was;  your  lordxhipa  are  judges  only^'l 
upou  eviilenccof  fuct,aad  not  upon  hist  thoughtf  • 
01     ■  '  '   \.  iki^ionaf 

jL:e%-  W^hy  were  not  the  accomptif 
c  iterwardsf 

71.  1  really  can^t  tell  the  reason 

^  >.  i , ,  .  ,  ii^  eUy ,  \ V i I ct ht* r  h e  acq  i » ai  ti  ted  my 
loni  MacclMfleid,  that  the  Maatera  would  mak« 
good  the  delicienoy  f 

Cottingham.   1  told  yoor  lordships  I  did.        i 

8erj.  Pengelli/,  Therefore  1  d*<»ire  he  may 
l>eaj»ked,  whether  after  that  time  he  received 
any  orders  to  aeod  to  the  Matters  to  give  in 
their  accompta? 

Cotlmgh{*m.  1  ctii't  apeak  particularly  4i  l^l 
thetimea. 

8erj.  Penggliy.  Whether  thoae  other  mem^ 
sureM,  intimiiteif  in  hts  letter  to  !>'  >  '  '^er« 
not  signitird  to  him  by  nty  lord  '^'  ilto 

be,  that  the  cash  al^uld  hu  taken  um  ui  iUair 
hands  ? 

Coiiinghttm,  My  lord  enlled  me  into  hii 
study,  and  directec!  me  to  write  this  iciU:t- ;  all 
he  said  was,  he  wns  sorry  that  the  Mnfiter*  hail, 
not  brouf>ht  m  their  arcompU  as  he  required, 
aoii  timt  if  they  did  not  brioi^r  them  in  by  tho 
la<it  day  of  the  term,  he  said  ho  wouhftake 
othtfr  jiieasurea  :  roy  lord  did  not  aay  to  me 
what  those  other  measures  were,  whether  it 
wa«  to  cuake  an  order  in  firrm,  siid  then  Um 
ahould  expect  they  would  yield  ohedienre  tcr 
it ;  all  the  E»«rl  lolil  me  wna  no  more  than  to 
write  to  the  Mi>s  '      !»e  would  lake  other 

meujiurea ;  what  i  i  mensure**  were,  I 

do  not  know;  but  *  ii|»jnrhendeil  it  to  lii»  an 
order  hit  lurdi^hip    would  make  for  obliginf; 
him  to  it. 
Mr.  SmiL     f  deiiro  be  may  he  asked,  wht 

ii 


1219] 


10  GEOllGE  I. 


tber  he  did  ftot  bhnself  appreheii4  by  those 
other  measures*  the  Ukiog  the  mooey  out  of 
the  Masters'  hands  ? 

.  K.  of  Mace.  My  k^rds,  I  submit  it«  whether 
aouestjqn  of  thtskiod  is  pK>per;  he  hath  been 
asLed  what  those  measures  were ;  he  hath  told 
your  lordshifM  that  he  koows  uot ;  but  he  has 
said  what  be  apprehended  they  were ;  if  now 
any  fact  occur  to  him  that  may  give  reason  for 
apprebendiour  otherwise*  let  him  acquaint  your 
lordships  with  it. 

CoiUngham^  Your  lordship  said  you  wouki 
take   other  measures;   what  1  apprehended 
-  was,  your  lordship  would  make  an  order  io 
femit  if  they  dM  notcomplv  with  that  letter. 

Dr.  Sayer.  My  lords,  I  beg  leare  to  ask  one 
qjuettioii:  whether  the  Masters,  after  this  letter 
was  brought  to  them  by  Mr.  Cottingham,  did 
not  represent  to  him  the  difficulty  of  making  up 
their  accomplsf 

Cottingham,  There  were  sereral  partioolars 
ipention^  io  the  former  letter,  there  was  the 
causes  to  be  named,  &o.  Some  of  the  Masters 
teM  me,  they  had  not  kept  their  acoompCi  so  as 
Io  answer  ail  the  particulars  io  the  letter;  others 
said,  it  woukl  take  up  a  great  deal  of  time ; 
others  that  t)ie  manner  required  was  Tery  diffi- 
Ottlt  and  tedious,  and  that  it  was  almost  imprac- 
ticable, so  many  items  were  cootainwl  in  the 
letter,  that  they  seemed  to  aay  k  cookl  not  be 
dooe. 

Dr.  Saver.  I  desire  he  may  be  asked,  wke* 
tber  he  bath  any  paper  of  the  method  of  ac- 
compting  required  by  the  Committee,  that  his 
majesty  was  pleased  to  direct  Id  look  into  this 
mailer? 

CoUingham.  I  hare  not  ■  copy  of  it  here. 
There  is  an  original  order,  if  the  Masters  please 
to  produce  it,  1  left  it  with  Mr.  Lightboun. 

Com.  Serj.  If  the  gentlemen  have  it,  I  hope 
they  will  produce  it. 

Cottingham.  The  original  onler  is  of  the 
drd  of  NoTember  last,  which  I  left  signod  by 
the  Earl. 

C.  of  Afocc.  This  win  come  more  properly 
under  another  Article:  the  gentlemen,  the 
Masters,  will  tidce  care  to  look  it  out  that  it  may 
be  ready  by  that  time. 

.  Cottiugnam.  My  lords,  I  have  now  fouud 
it ;  I  can't  say  it  is  a  trae  copy,  dated  the  drd 
of  Norerober,  1724,  ai^ed  Maoclesiield,  C. 
'*  Let  the  several  Masters*'- — ^Am  I  to  read  it, 
tny  lords  ? 

Mr.  Lutwycke.  What,  Uie  order  of  the  5rd 
of  November  last  ? 

Com.  Serj.  This  order  cannot  rebte  to  this 
matter.  We  are  now  upon  tlie  second  letter  in 
17  2 1 .  The  letter  is  framed  iu  so  strong  terms, 
that  it  can't  be  supposed  but  the  Earl  was  very 
much  ill  earnest,  and  it  can't  be  insinuated  as  if 
intended  to  make  the  Masters  comply  in  the 
afiair  of  Mrs.  Chitty  aud  Lockmau,  because 
that  transaction  was  but  in  July  last. 

Ew  of  Mace.  I  desire,  my  lords,  to  go  a  iittk 
back  again,  upon  recollectuyg,  that  the  queiitiott 
tlie  honourable  Alannger  was  pleuMid  to  askf 
about  bi« i^iriog  mean  A<ifi0iuU1iiftt  the  Masters 


Tri^  qfthe  Earl  tfMaccUt/UU,  flSSO 

would  make  ^rood  the  deficioiieyy  ctnies  an  in- 
sinuation, as  if  this  method  wero  diopped  upon 
it :  I  desire  he  would  inform  jmn  Midships, 
whether  he  can  be  sure  of  the  exael  tiase^  whe- 
ther this  was  before  or  after  November,  1791  f 

Cottingham.  I  really  cant  be  finre  of  the 
exact  time. 

£.  of  Mace*  How  near  was  it  to  Mr.  Dsr* 
mer's  going  out,  and  Mr.  Edwwda^  ooBia| 
into  bis  office  P 

Cottingham,  Mr.  Edwards  came  m  in  May, 
1731.    It  was  near  his  coming  in. 


E.  of  Mace.  I  denre  to  know,  whether  roe 
can  recollect  the  time  yoa  did  tdl  me  of  hf 
Whether  it  wasafter  November,  17S1,orbef««f 

Cottingham.  1  several  times  mcntiooed  it  to 
your  lor£hin  before  November  1791,  n&d  I  be- 
lieve several  thnes  after  ;  bot  that  1  caoMt 
certainly  ted,  nor  can  I  be  particular  to  a  day. 

E.  of  Mace.  Did  yon  ever  bear  of  it  bem 
the  500/.  a-piece  was  paid  ? 

Cottingham.  No,  my  lorda,  it  was  after  %v 
had  paid  the  500/.  a*piece ;  but,  my  loidSi  1 
don*t  know  that  they  agreed  to  make  good  tbt 
deficienc3|[ ;  I  o^y  told  my  lord  I  thoagfat  thej 
intended  it. 

Lord  Trevor.  He  hath  proved  two  letlen 
aentbytbedfavctionofthenoUo  Earl.  Asts 
the  first  letter  be  kept  a  memoraiiduB  as  laths 
time,  bat  no  memorandum  of  the  oeooad^l 
would  ask  him  as  to  the  time^  whoi  the  Mat- 
ters made  that  represeotatkio  of  tlic  difficalM^  if 
giviiM^  in  the  accempts,  whether  it  was  belMf 
or  alter  the  second  wHer,  or  betweeo  the  flat 
and  the  second  letterf 

Cottingham.  To  both  the  letters  Ihey  sti 
made  a  representation  of  the  diffknilly. 

Lord  Trevor.  Theo  I  deare  to  ask  oneqoe^ 
lion  more,  that  is,  whether  after  the  repreaeata^ 
tion  ^made  after  the  second  letter,  they  owaed 
that  they  had  received  the  second  letter? 

Cotiingftam.  I  verily  believe  that  the  secoa4 
letter  was  delivered  to  the  Masters,  as  the  olbcr 
was,  but  1  kept  no  memoranduma  of  it ;  I  voilv 
believe  the  Masters  bad  it ;  1  can't  tell ;  I  isik 
it  for  granted  they  had  it ;  I  trusted  one  of  sij 
clerks  with  it  to  take  a  memorandom;  lea- 
quiix^d  after  hiiu  ;  he  hath  been  gone  from  bm, 
and  i  can't  find  him  out ;  I  verily  beUevo  it  i 
hare  no  reason  to  doubt  but  1  gave  it ;  the 
Masters  know  that 

Serj.  Probyn.  If  Mr.  Holford  is  called,  bs 
will  explain  it ;  on  liia  crass-examination  bt 
admitted  a  second  letter  was  aent  for  him,  aad 
left  iu  the  public  office :  that  appeared  an  hif 
cross-examiiiation. 

Mr.  Strange,  it  might  not  be  improper  (tlas 
letter  is  before  the  honourable  Managen)  la  es- 
quire if  they  had  it  not  from  aome  of  the  Mmr 
ters? 

Cottinghum.  No,  they  had  it  from  me. 

Mr.  HbjTorc/ called. 

Seij.  Probyn.    I  desire  he  wuif  bo  adfasif 
whether  ho  had  not  any  notioe  of  Ibo  lallvli 
November  17fil,  wherdhy  Ibe 
obliged  to  hring  in  their  ecooMyta  f 


IKl] 


J6r  ttigh  CrMtt  < 


^ 

I 


Hotfitid,  Ifuleei),  my  lordi»  t  do  not  r«* 
member  tbtl  letter. 

Si^.  Prt^^n,  I  desire  lie  may  heiislted^  ^ht- 
Iher  ue  r^membcrv  a  vecoiid  letter  abmit  ac- 
comnlflf 

Hidfotd.  Wlietfier  it  was  a  letter  or  a  tn pa- 
ll^ I  oannoc  icU ;  but  Mvrero  ibc  ftrat  ac» 
com  jit  in  February  If  SO,  and  the  last  in 
November  last,  I  waa  calltfd  unon  to  at^ompt, 
and  had  frrrpired  it;  but  ihm  sec<»nd  tetter 
dated  in  November  If  SI,  t  do  not  reinenilitfr 
•ny  tbiofcofit. 

Serj,  Ptvhn.  Hoir  long^waa  italWrlhepy- 
men!  ■*  .Im -^CJO/.  ? 

Jf  I  was  a  If  nod  *»bife  After, 

ht'ij,  1 ',  ^ijtt,  Tbat  ia  all  we  contend  for, 

Hi^ord,  i  belieire  iMtt  above  a  year  before 
tbelatt. 

8erj.  Pen^.  I  deRire  be  may  be  afiked^  irhe- 
iHer  aHer  this  letter,  mp|iO!»edlo  be  in  Norem- 
ber  1721,  bis  Bccomjd  waa  ever  demanded  of 
Mm? 

Half  or  d.  1  did  defifer  to  my  tord  an  ac* 
vomptot'  Norember  tl^X ;  and  i  think  a  yemf 
before  Nofenibcr  last,  in  pursuance  of  either  a 
letter  or  a  meaaagef  I  don't  kno^v  which,  my 
ford  ref|Qirrd  an  account ;  then  I  delivered  an 
•ircoiiiit  of  money,  not  of  tecurilies  in  my 


fieij.  I*eii^.  Whether  that  was  an  acconnt 
in  |itJi«tiAnee  to  that  letter,  demanding^  and  ro- 
^niringp  it  of  him  ? 

Holford.    Not  as  I  know  of,  indeed. 

Mr^  Lutvi/ch€.  My  lords,  ai  some  mention 

I  hatb  been  made  of  it,  I  lltintc  it  niav  be  proper 

to  know  what  hecati  aar  to  it,  whether  he  ever 

fromiMed  to  make  good  the  deficiency  of  Mr. 

I  lionner  f 

Holjord,     I  never  did,  my  lords* 

Mr*  Cditingkam  cat  led  aj^aln, 

Seij.  Prohyn.  I  deaire  be  may  inform  yoor 
llordihipB  what  ba  knows  in  re  la  i  ion  to  the  jiay- 
{tntiit  of  tlie  1,000/,  to  Lockmon,  and  what 
oDveraatroo  be  bad  with  Mr.  I/Rkman  ? 
Coiimgham,  About  the  beg-innin^;'  of  Ju!y 
^  10  the  l»ett  of  my  remembrance,  M  r.  Loek- 
tokl  me,  that' Mrs*  Chitty  had  an  order 
Mr.  Edwards  the  Master  to  pay  her 
1^000/.  Tbat  ahe  had  been  with  the  Master 
but  could  not  get  the  money,  and  tbat  be  had 
nke  to  my  lord  MaectesAeld  about  it,  and  the 
fl  had  uromised  to  apeak  to  the  Master.— 
^^be  desired  me  to  aneak  to  the  Earl  con- 
rjt:  I  promised  I  wonid,  anda<cord- 
idid  V  heaciit  me  to  the  Maater.  When 
mme  to  hinif  t  spoke  to  him  of  it ;  he  said 
be  Had  no  money  ;  I  informed  the  Ksrl  of  it ; 
[ih«  Etrl  taid  be  oonid  not  lell  what  to  Ao,  I 
infmmed  Mr*  Lockmin  of  It;  he  *ieemed  to  be 
tinder  thr  jfrrfticst  concern,  nnd  said,  W  be  bad 
ti^it  tlie  1«000L  bf^  was  nndoue;  be  was  going^ 
to  marry  Mrs*  Cbitty,  and  Mrs.  Otntty  woutd 
•Of  marry  him,  nnlesa  his  debts  wertf  p«id,  and 
ah«  had  gtren  him  this  S.OUO/.  to  pay  hia 
04  bad  compottn4k4  bii  «Mtft  m  lie 


A.D.  V^S.  [1292 

repeated  It  orer  and  over  again,  that  if  this 
1,000/*  were  noi^taid,  tie  was  umlone* 

I  have  not  seen  a  gentleman  in  a  greater  j 
distnejit  limn  he  appmred  to  be  j  on  which  I 
totd  him  I  if  he  woutd  please  to  have  a  tiiite  na> 
tience  t  would  c<itf*ider  ihelhin^^  and  sre  wh«|  | 
cotitd  be  tlone,     f  did  consider  it ;  and  it  cuivm  ■ 
into  my  mind  that  Mr.  Lij^httioun  had  not  p*iid 
liii  !>6ol    I  aequuintt'd  the    Earl  with  it,  fcod  • 
ftaid  Mr.  LightlHion  had  not  pnid  his  ^0{U  and 
if  he  could  prettiii  upon  Mm  tu  do  it,  I  ihou^^ht 
it  would  be  eaty  to  e;vi  501.  a  piece  of  tlie  olner 
i>la!(ten,  and  (hut  would  do. 

By  ttie  Eaii's  onter,  1  attended  Mr*  Li^ht- 
boun,  and  toM  hini  ih«it  the  Earl  expected  him 
to  pay  his  500/,  hut  I  could  not  |^cl  a  penny 
from  him  ;  so  he  r^ru^in^  to  pay  tlie  5004 
that  proposal  o(*  the  60/*  a* piece  dropt :  I  ac» 
<)uainted  the  Earl  of  ihia  ;  be  said  he  could  not 
teh  what  to  do,  ]  ac«|uainltHi  Mr*  Luckmani 
and  told  him  1  had  done  all  that  wan  in  my 
power  to  do ;  and  tbat  it  vias  not  to  be  done, 
unless  be  expected  1  should  pay  it  out  of  my 
own  pocket,  which  I  was  sure  he  could  notex« 
pect :  when  I  told  him  that,  he  said,  I  am  uo^ 
done,  Mrs*  Chitty  wilt  not  marry  me,  his  royal 
highness  the  iVmcc  of  Wales  will  not  juotcct 
me,  my  creditors  hi tl  throw  me  into  u  g^aol^ 
there  1  must  i^ot  and  &tanre.  He  madeu>te  of  no 
many  cxtiaviiKant  expressions,  and  was  usuier 
tliat  pain  and  B|rouy  oi  mind,  that  I  apprehend* 
etl  he  iKould  do  himself  a  mischiel.  (  eould  say 
nothing  to  it,  I  bad  done  alt  for  an  unbjrlunate 
gentleman  that  poatibly  1  could  do*  Two  or 
three  hour»  after  this,  when  1  whs  at  dinner, 
he  came  tn  me  agrarn,  and  told  me  the  Eai  l 
wanted  to  speak  witli  me  immediately ;  he 
begged  of  me  of  all  things  in  the  world  to  ^  : 
on  that  1  went  to  the  Earl.  The  Enrl  wag 
pleased  to  send  for  me  into  an  inner  rmm,  and 
said,  that  he  was  teizefl  out  of  his  lite  by  Mr, 
Lockmnn ;  I  told  him  I  wa«  so  too,  I  had  no 
r*;8t  night  nor  day  for  him  ;  1  tfien  represented 
to  the  Eurl  his  own  story  in  snhaiauce  as  he 
had  told  mp.  The  Earl  said  he  was  sorry  tc» 
find  Mr.  t^oekman  brought  tu  thnt  state  and 
pais.  J  told  the  Eurl  I  wiwalniidof  the  con- 
set;!  nence,  1  did  not  know  what  a  despairing 
man  might  do,  he  seemed  to  be  in  the  utmost 
despair*  Upon  that  the  Earl  iiidered  tne  to 
psy  him  the  1,000/*  and  said,  he  would  pay  it«  j 
me  acaiii.  When  I  suw  Mr.  Lockman,  I  lol<l 
htm  1  had  now  received  or*len*  !*>  pay  him ;  I 
had  not  the  money  by  m«,  but  he  shoo  Id  har^ 
it  in  a  Httle  time,  tlirre  or  fonr  duys  would 
break  no  ^^tjuares  ;  he  aaid,  I  am  satisfied,  pro- 
vided it  is  paid.  I  said  I  bad  it  not  by  me,  I  ^ 
must  liofrow  it ;  1  did  so  ;  atnl  on  ttte  3oih  or ^ 
Jnly  I  piiid  him  the  l.OOOf.  I  thmk  it  wa^ 
throe  or  four  dnys  after,  he  usked  me  what  i 
ward  he  should  gi?e  me  j  I  lold  hmi  that  hi| 
tliatresa  wuh  ao  great  Uhat  he  shr^uld  not  gtv 
me  any  reward  ;  I  would  not  take  n  penny 
him  ;  and  I  ne%cr  had  the  f aliie  of  a  d»ah 
coflTee  of  him  ;  I  p?«Td  him  thf  mo!>r^\  I  l>r»f 
rowed  it  for  thai  l    Mr   Lock! 

maDi  U  ftpp«faia  u j  ip^%v< 


ims] 


10  GEORGE  I. 


Trial  of  the  Earl  o/MacckfJtM, 


[IfS( 


Iresa,  I  will  borrow  the  money.  I  did  borrow 
the  money,  and  paid  interest  for  it,  merely  to 
supply  the  ffentlemao. 

Serj.  Frobifn,  I  desire  he  may  be  asked,  if 
he  knows  of  any  other  sum  of  money  demand- 
ed by  Mr.  Lockraan  after  this  l,OOoi.  was  thus 
ag^reed  to  be  paid  him  ? 

CoUingham.  After  this  money  was  agreed 
to  be  paid,  and,  I  think,  the  same  evening',  I 
received  this  letter  ft^m  him,  which  any  gen- 
tleman that  will  mav  read.  (The  letter  read.) 
Signed  Lockman.    Slonday  evening. 

"  Sir ;  ,  Monday  Evening. 

"  I  am  very  sensible  of  the  favour  you  have 
already  done  me,  in  promoting  what  my  lord 
in  so  affable  a  manner  was  plmed  to  promise 
me,  which  kindness  I  shall  gratefully  acknow- 
ledge all  my  life ;  but  as  there  is  so  great  a  ne- 
cessity, 1  hope  you  will  pardon  me  the  sooner 
in  being  once  more  troublesoroe,  to  beg  of  you  , 
to  remind  his  lordship  of  letting  Mrs.  Chitty  ^ 
have  the  other  574/.  which  my  lord  was  pleased  \ 
to  say  we  should  have,  and  without  which  Mrs. 
Chittv,  who  hath  neither  out  of  Chancery, 
nor  ner  estate,  received  any  money  this 
two  years,  cannot  spare  me  the  whole  1,000/. , 
As  my  whole  ease  and  quiet  depends  on  your 
kind  assistance,  J  must  b^.  Sir,  once  more  to 
use  your  interest  to  let  us  haw  it  On  Thursday 
afternoon,  between  four  and  Ave,  when  Mrs. 
Chitty  intends  to  wait  on  you  for  the  other.  I 
shall  be  very  proud  on  all  occasions  to  shew 
with  how  much  gratitude  and  esteem  I  am, 
Sir,  your  most  obliged  humble  servant, 

"  A.  LoCKM.\N." 

Dated  Monday  evening,  no  other  date.  My 
lords,  upon  the  receipt  of  this  letter,  the  very 
same  evening  I  laid  it  before  the  Earl,  1  told 
him  that  it  appeared  by  this  he  wanted  570/. 
more.  The  Earl  said  he  was  very  much 
surprised  at  this  gentleman's  sending  such  a 
letter,  he  did  not  know  what  he  meant  by  570/. 
more  than  he  promised,  and,  in  short,  told  me 
he  could  advance  no  more. 

Mr.  Sirange.  1  desire  he  may  be  asked, 
whether  he  had  any  discourse  with  Mr.  Lock- 
man,  relating  to  this  570/.  after  this  letter  ? 

Coitingham.  1  had  a  discourse  with  him 
some  time  afterwards  about  the  letter. 

Serj.  Frobifn.  I  desire  to  ask  him,  whe- 
ther, after  this  letter,  Mr.  Lockman  came 
to  know  u  hat  answer  he  would  give  him  ? 

Cottinghum,  Mr.  Lockraau  came  on  the 
Thursday  fullowing,  being  the  dOth  of  July  ; 
Mrs.  Chiity  did  nut  come :  and  then  I  tohl 
him  that  (  had  received  his  letter,  and  had 
laid  it  before  the  Earl,  and  that  the  Earl  under- 
stood not  what  he  meant  liy  it,  that  this  was 
a  growing  upon  him,  and  be  would  not  pay 
a  penny  more ;  1  tliought  he  had  been  very 
generous  to  him,  and  1  told  him,  1  wondered 
what  he  meant. 

Serj.  Prabyn.  I  beg  leave  to  take  notice, 
and  your  lordships  will  please  to  recollect,  that 
liocknian  bwore  he  never  made  any  dvmaod  of 
My  money  benitai  the  IfiQQt. 


Mr.  Lutwyche.  That  is  to  be  obacned  whca 
the  witness  is  examined  throogbout 

Seij.  Frohyn.  1  ask  whether  Mr.  Lockman 
did  petition  my  Lord  Chancellor  for  this  sum  of 
money  ? 

CoUingham,  I  don't  remember  Mr.  Lockmai 
petitioned,  1  believe  not. 

Serj.  Probyn.  Or  Mrs.  Chitty  f 

Cottingham,  Yes,  Mrs.  Chitty  did,  beftrt 
the  payment  of  this  1,000/.  as  I  remember. 

Mr.  Lutwyc/ie,  Was  there  anv  petitioo  pn- 
ferred  before  the  payment  of  the  1,000/Lbs- 
cause  the  money  was  not  paid  according  lathe 
order,  which  I  think  was  dated  March  17| 
1723  ? 

CoUingham.  Yes ;  I  told  you  so  belbre. 

Mr.  Luiwyche.  1  desire  to  know,  wbelkcr 
there  was  not  a  general  meeting-  of  the  Maitcn 
before  my  lord  Macclesfield  ordered  bim  to  ptj 
the  said  1,000/.  to  Mr.  Lockman  ? 

CoUingham.  Yes,  there  was.    . 

Mr.  Luttpyche.  Whether  it  was  not  after  ibi 
meeting  of  the  Masters,  when  it  was  pvopssri 
to  Mr.  Lightlwun  to  pay  bis  5001.  aod  ifai 
others  50/.  a-piece  ? 

CoUingham.  Yes,  I  believe  it  was. 

Mr.  Plummer.  Mr.  Coitingham  hatb  given 
long  evidence,  he  hath  told  you  on  the  applici- 
tion  for  this  1,000/.  he  recollected'  that  Mr. 
Lightboun  had  not  paid  his  500/.  and  if  he  ooaid 
get  him  to  pay  his  500/.  and  the  other  MmWff 
50/.  a-piece,  that  would  make  up  the  1,000/. 
The  question  I  wouki  ask  is»  if  Mr.  Cottiogliiai  i 
had  then  any  orders  from  the  earl  of  Maockf- 
field  to  convene  the  Masters?  | 

CoUingham.  No,  J  had  then  no  orders.  Ti« 
first  order  1  had  to  convene  the  Masters  to- 
gether, was  on  a  Monday  before  payooeot  if 
the  1,000/.  as  I  remember:  Mr.  Edwards wai 
then  at  my  lord's  house,  and  my  lord  ordered 
me  to  speak  to  him  to  convene  the  Masters; 
and  they  were  convened,  ami  came  to  nj 
lord's  house  that  evening,  as  1  was  told,  hut 
that  was  afler  the  money  was  ordered  lo  te 
paid. 

Mr.  Lutwyche.    I   desire   Mr.   CottingbsB 
may  look  upon  that,  and  tell  us,  whether  it  ik     I 
hisliand. 

Coitingham.  This  is  my  hand  (radi.) 
^'  His  lurdKhip  can  do  nothing  in  it  at  pmeitt." 

Mr.  Luiwyche.  Do  you  remember  any  tbisf 
of  this  petition  being  offered  ? 

CoUingham.  Yes,']  do  remember  it ;  it  iia 
Petition  of  Mrs.  Chitty  preferred  to  the  EaH, 
to  be  paid  1,000/.  This  Petition  came  to  m; 
hands  ;  the  Earl  said,  he  could  do  uotbuig  mi 
it  at  present,  aod  this  order  writ  u^ion  it  is  noj 
hand. 

Mr.  Luiwyche.  Whose  Petition  is  it: 

CoUingham.  The  humble  Petition  of  tbe  de- 
fendant Elizabeth  Chitty,  Mrs.  Chittys  Pe- 
tition. 

Mr.  Lutwyche.  What  is  the  answer  wiil 
upon  the  hack  ? 

CoUingnam.  ".His  knrdsbip  can  do  nothiiV 
10  it  at  present.'* 

Dt.&^$r.  WcappmlMBAUitori 


far  High  Crimti  and  Miidemcanms 


A*D.  17^5- 


[1S28 


to  litr«  Uiif  meetings  cleared.     I  ilesire  bt"  may 

licMkf^,  wrlivther  lie  knows  of  any  meeting  of 

I   |Im?  I  Mastcrgt  kemI  wben,  and  what  was  done 

^   Co^rtn^'^crm,    Y«9»  Ut«re  viat  a  meeting'  thai 
CYrotngr,  but  I  was  not  prirf  eni. 

£.  til'  MaccUsfteU,    By  the  i|uestion«  tbey 

have  atkeili  they  bare  taken  it  for  granted  as 

if  be  knew  what  was  done  at  ibat  meetintir  of 

m^he  Masters ;  I  desire  to  kno^r,  ivbelher  he  waii 

|HBrcAent  or  not  at  that  meeitnt;  of  iJte  Blasters  ? 

^F    Cof /'>»'"''"'     1  was  not ;   1  naid  an  |j€fore« 

£  '  'tcld.  Then  1  tliink  he  says  the 

y  <>  r>r  ill  is  money  wui  oo  the  30Lb 

Juf  '«»  Ye». 

E.  '  I  .  What  day  were  the  Mas* 

cahe^i  ti|H»ii  to  meet  ? 

Cifitmgham,    i  ciin^  be  po^itirei  but  I  Ibink 

IheMondAj  bt;<  <  nloribc  l.OtM)^ 

aiceiia|f  ot  tlie    .  4«  bctwcca  the 

T  and  iiayioeotof  the  uiutiey. 

Mr.  lUammcr.  1  beUeve  there  j»  a  mistake  in 

ia  matier;    I  desire  Ut  kuow  of  Mr.  Oottinir- 

whether  Mr,  EdwanJs  wo»  not  by  when 

acquainted  the  Earl  with  this  dematal,  and 

'op«»ed  10  him  the  method  of  po}  iutr  "t  by 

Lt"»H» ^'^  500/.  and   the  other  Masters 

Ca/<iTi^Ae«}ii.   No,  no, 

\  desire  it  may  lie  cleared 
ieii,  auil  ^  s  if  IMr.  Ed^urds  was  not 

ben  ti»  I. led  my  lord  Maccle»fidd 

Uie  deinaod  oV  tlic  l,CH)oV.  ? 
CoUmghnm.    Mo»  Mr.  Edwarda  waa  not  by  : 
wbt^n  Lhia  1»0CI0/.   wasdirei^ted  to  l>e  |>aid,  Bflr* 
l^ldwardH  waii  in  the  lu>uie,  hni  tJie  Earl  did  not 
htm  ;    when  1  apokc  %a  Mr,  Licrhtboun  for 
600/.  it  ^vas  only  belwin-n  Mr.  Lighthoiin 
^AIr«  Edwarita  \v%%  \n  the  house  when 
»ke  to  me,  aud  orden-d  mv  to  epeak 
Td wards  to  convene  the  Maalera  (a- 
iher. 

,  Pengttltf,  I  d**^'"  *»''  TTT--  hs?  a«;ked, 

the  1,000/.  he    mmle 

^poiial  to  mv  U»-  X    i .,   :_  a  .1.  ihat  Mr. 

Ptm^a  5CK>2.  and  the  otiier  Majiteni  50/, 

f|»ay  it? 

CiiUiu^ham.    The  itiotioy   waa  piaid  alW« 

,i)rd«,  I  havfi  told  you  so  before. 

Scr).  Vcngtily,  Before  the  1 ,000l.  wat  paid , 

Ifbelhrrdid  not  you  hear  that  the  Maaterv  had 

ta  adraiiG^  the  tonber  aum  of  50L  a  - 

Coiiingham.    Yes«  \  told  you  so  )»efi»re,  that 

it^  i^tfhtboun  wouhl  not  pay  his  500/.  so  the 

ber  M^isler^  ilid  oni  puy  (heir  ^0/.  a'pirct? ; 

\  waa  stittie  time  before  tlie  payuient  oi   tlie 

Mr*  Klphimtonc  catted* 

Mr.  Strange,   My  lords,  we  desire  Mr.  El- 

one  lo  Lf  ivr  vnnr  lordships  an  accniint  of 

l^h  applicfttionof  Mr.  Liick- 

h4Jttton€,    My  I  Lodcmnn  and 

I  Itad  conrersau  i  r  brfore  hi*  re* 

ITS   the  1/KX)/.  upup  tho  Mt  count  of  l^lrs. 

"  ij^    He  toid  me  oftca  thti  he  bad  com* 


pounded  hii  debts  with  bis  creditort^  and  if  he 
r.ouhl  not  receive  the  l^OOo/.  ai^dinvt  a  rertain 
day,  on  which  he  had  en|fH|*ed  lo  pay  it,  bt 
sbouid  be  ruined  and  undone  ;  and  some  timt 
al\er  he  t^dd  in«,  that  hU  crnlitors  had  bern 
witj)  much  difiicuhs  '  '  i  to  ^ive  him  soma 

few  days  lon^fer  fui  (  the  t onjpo«»iuoDt 

and  that  if  he  huu  n  not  ii»en  he  ftUould  be 
ruined  and  undone  for  ever ;  swcuriog  by  the 
ble^acfl  name  of  God,  that  that  disuppointmeot 
would  he  a  meaus  of  breaktog  oGi  tlie  matcb 
uiih  the  lady. 

Serj.  Frohyn.  Go  on* 

Eiphimtane,  I  canH  be  posilire  at  to  the 
day,  wliether  it  was  the  same  day  that  he  re^ 
reived  the  1,000/.  or  a  day  or  two  before  ;  but 
I  tiien  heard  the  nuble  Karl  declare  to  him, 
that  in  pity  and  compas<>ion  to  his  circum«> 
stances,  andf  the  great  difficulty  he  then  talioyr* 
ed  under,  he  the  said  Earl  had  given  directiooa 
to  Mr.  Cottin^ham  to  pay  him  liie  1,000/*  nod 
'  about  two  hours  alter*  or  something-  more^  Mr. 
Lockman  came  to  me,  ami  with  abundance  of 
joy  ttdd  me  how  much  obliji^ed  he  wati  to  the 
ntible  Earl,  for  that  he  had  relieved  him  in  his 
circumstances,  by  giving  Mr.  CoHmgham  or- 
ders to  pny  him  the  1,000/.  He  i»cemcd  to 
express  this  with  an  uncommon  pleasure,  aud 
i\H\  nm  at  all  doubt  it  would  be  a^eeabfe  to 
persons  of  the  highest  distinction  and  character 
lu  know  it,  and  that  he  wouhl  make  them  ac- 
quainted with  it.  My  lords^  I  think  it  was  on 
Friday  last,  in  a  conversation  with  me  and 
otbem  here  in  the  Painted  Chamber,  he  de- 
clared he  wouhl  rather  have  (riven  two  or 
three  hundreti  guineas  or  poundji,  than  have 
been  examined  on  this  occasi<ju  ;  and  aaidi 
Damn  it,  u  h»th  happene«l,  through  a  silly 
word  or  two  I  diopt  to  the  solicitor  on  the  other 
Hde,  I  asked  him  what  it  wu^  ?  he  said,  it 
was  his  tellinii'  him  he  had  received  the  1,000/, 
fur  Mrs.  CJhitty,  hy  the  noble  EarPs  direction. 

8erj.  Prohyn.  AfltJr  litis  money  was  paid, 
whether  he  hath  hod  any  discomm;  with  mm, 
and  vv  bet  her  it  was  owned  by  bim  that  it  was 
out  of  the  EarPs  own  pocket  ? 

EiphinUone,  Ves,  loauy  a  Umei  and  tritb 
If  real  re**jiet.t. 

Mr*  Ptammtr.  I  deiirc  the  comisel  for  the 
noMe  lord  may  explain  one  thint;:  J  think  th# 
w  itness  said,  Mr.  L^ckman  suid,  lie  boil  rather 
i^ive  two  or  three  hundred  pounds  than  have 
been  examinetL  Whether  the  witness  dolh 
ttfipreheod  by  what  Mr.  Lockman  said,  that  he 
c«miH  an  unwillinjj  witness  ? 

Elp/tifiitarif.,  No,  my  lordf,  I  did  not  say 
that  Mr.  Lockrnua  was  an  nnwiJliTii^  wiinesa, 
but  thuc  he  told  mo  and  others,  he  had  mthesr 
have  ^iven  two  or  three  hundred  ^uint:aa  or 
(lounds,  than  have  beeo  examined  on  tbla  oc- 
catrioii. 

S  n»    We  nball  ifive  your  tordshipa 

no  i  icience  on  thi«  Aiticte;  we  shall 

now  |»rtii:cie«l  to  the  Seventeenth  Article;  which 
ciiarKes  the  carl  ui'  Mscck«tield,  that*  iu  order* 
io  conceal  the  deficiency  in  Dormer^a  offior, 
aiid  to  prereiit  any  [»uhlic  oii^tury^  U^  4a^^ 


I 


iserj 


10  GEORO£  L 


Trial  nfiheE&rt^Maedet/lddf 


[1S2B 


from  time  to  time,  in  vioktion  of  the  tmel  re- 
Doeed  in  him,  make  orders  on  Mr.  Bdwtrds 
nr  pttjrroeot  of  the  money  helon|^n|^  to  leveral 
]«rtoeular  foitort,  which  had  Seea  lodged  in 
the  bands  of  Mr.  Dormer;  in  obedieooe  to 
which  orders  several  tarns  were  paid,  without 
regard  to,  or  consideration  of  the  preoortion 
whidi  the  rest  of  the  suitors  were  entiOed  to, 
ont  of  the  effects  of  the  said  Mr.  Dormer, 
whereby  many  of  the  said  suitors  lost  the 
benefit  of  their  proportionable  share,  to  which 
in  justice  they  were  entitled. 

The  crime  supposed  in  this  charge  is  denied 
by  the  fiarl  in  liis  Answer ;  he  had  no  certain 
knowledge  what  Mr.  DormerHi  estate  would 
come  out  to  be ;  bnt  he  was  under  a  full  per- 
giiasion  that  effects  would  come  in  in  due 
time,  to  make  full  payment ;  and  that  the  only 
reason  why  they  were  not  paid  in  an  arerage, 
was  because  no  application  was  made  by  any 
ef  the  suitors  for  that  purpose. 

Cam.  Sen,  As  to  the  Serenteenth  Article, 
your  lordships  obserfe  there  was  a  full  per- 
suasion  both  in  the  noble  Earl  and  Mr.  Ed- 
wards, that  there  would  be  sufficient  to  pay 
STcryone;  besides,  I  think  he  himself  ma<ie 
not  abore  one  order,  not  more  than  this  one  In 
the  case  of  Chttty ;  your  lordships  will  please 
to  obscrre,  fiom  the  evidence  of  Mr.  Edwards, 
that  the  noble  lord  who  made  these  orders 
was  firmly  of  an  opinion,  from  the  accounts 
he  had  received,  that  the  deficiency  would 
be  made  up,  so  iikeifise  Mr.  Edwards  was 
then  under  the  same  persuasion :  we  shall 
rest  it  here  that  it  was  no  manner  of  fault  under 
these  apprehensions,  to  make  such  an  order  as 
that  was. 

Mr.  Robins.  If  your  lordships  please,  there 
Ts  in  the  close  of  the  Sixteenth  Article  a  decla* 
ration,  supposed  to  be  made  by  the  earl  of 
Macclesfield,  then  sittintr  in  Court,  I  hud  the 
honour  to  be  in  Court  wbeu  the  declaration  was 
made:  as  I  had  the  honour  to  be  in  Court 
at  that  time,  J  apprehend  that  what  he  said 
was— 

Mr.  Plummer,  If  the  gentleman  speaks  as 
counsel,  he  stands  in  a  proper  place,  but  if  he 
comes  as  an  evidence,  I  bei^^  he  may  come  to 
the  bar  and  be  sworn;  I  humbly  appeal  to 
your  lordships  if  it  is  not  proper. 

Lords,  Ay,  a^. 

Dr.  Saytr,  H  the  gentlemen  think  it  proper 
to  insist  u[ion  it,  the  gentleman  is  ready  to  be 
sworn. 

Com.  Serj,  The  gentleman's  chai-acter  is  so 
unexceptionable,  that  we  hope  the  learned  gen- 
tlemen will  not  put  this  difficulty  upon  him 
of  taking  an  oath  in  a  cause,  wherein  he  is 
counsel. 

Mr.  Piummer.  My  lords,  I  insist  upon  it, 
because  then  I  shall  have  the  liberty  of  askincf 
some  questions,  which  I  apprehend  1  hare  not 
now. 

^rj.  Proftyn,  My  lords,  we  submit  it  upon 
the  evidence  that  bath  been  already  given,  he 
himself  did  dedare  then,  when  it  oune  hiibn 
hiiD  regularly,  he  wmikl  cammiM  iito  it ;  and 


the  firet  opportunity  thii 
jadgmeot,  he  then  pot  it 
accordingly  referred  it  to 
proper  measures  were 

« 

Cam,  Serj.  My  lords,  we  thnlly  #ith  yes 
k>rdshlps'  permission,  now  prooeid  to  by 
before  yon  what  we  have  hnmbly  to  ofRr  m 
defence  of  the  ttoble  Earl  as  to  the  EighteaA 
Article.  Tlie  charge  therein  oontAiMd  ii  is 
effect,  that  though  the  Earl  knew,  that  tte 
Masters  of  the  Court  might  and  did  dispQiso( 
and  traffic  with  the effecU  of  the  suitors;  lai 
though  proposals  were  made  for  remtAykgi 
it,  yet  the  Earl  neglected  to  enquire  iaisllt 
acoorapto  of  the  Masters,  permitted,  ma4  a- 
couraged  them  to  employ,  and  tniffic  wilh4i 
effecto  of  the  snitots,  and  took  no  cart  ikt 
those  effecta  shouM  be  phiced  out,  bs  lifi 
prevent  such  practices  of  the  Mastm,  erM 
they  should  give  such  security  te  was  JK^ 
posed;  afid  this  is  charged  to  be  done  wi&i 
corrupt  view  and  intention  of  making  aa  m* 
lawful  gain  by  the  sale  of  those  placea,  and  ti 
keep  up  the  price  of  them. 

The  proof  of  these  miuters  depends  cfliirrif 
upon  the  testimony  of  Mr.  Liyhtbonn,  Mr. 
Iiolford,  and  Mr.  Kynaston,  with  tbt  parti- 
cular repetition  of  whose  evidence,  I  sIim  aH 
presume  to  trouble  your  lerdahrpa  after  ii 
much  time  has  been  already  spent;  but  Ml 
beg  leave  to  observe  upon  the  whole,  that  ihm 
is  not  the  least  evidence  to  aqpport  tlmt  peit  d 
the  Article,  whereby  the  Earl  is  charged  viA 
permitting  and  encouraging  the  tralBckng  vHb 
the  suitors'  effects.  So  fkr  firom  it,  mjmif, 
that  the  <juite  contrarv  appears  from  the  eri« 
dence  which  Mr.  Ligntboun  has  given  opM 
this  Article.  He  has  informed  your  Mid- 
ships, that  when  a  proposal  was  made,  ■ 
order  to  the  making  stood  the  deficiency  is 
Dormer's  office  (which  the  Earl  bad  eoa- 
fessedly  so  much  at  heart)  that  each  BfsMef 
should  out  of  the  suitors'  effeCto  iu  his  banii. 
place  out  a  sum  of  money,  the  interest  whcrtii 
should  be  applied  for  that  purpose ;  the  Eiri 
would  not  give  the  least  countenance  to  thai 
practice,  by  coming  into  the  proposal ;  but  is 
plain  terms  declared,  he  neither  couM  aer 
would  give  any  encouragement  or  direction  fo 
the  disposal  of  the  snitors'  effecta,  for  saj 
other  pur|iose  than  their  own  benefit. 

My  lords,  the  gentlemen  of  the  Hoose  tf 
Commons  are  so  sensible  of  the  defect  of  tbfir 
evidence  as  to  this  point,  that  they  seem  sol 
to  rely  upon  it,  but  are  forced  to  fly  to  iropfi« 
cation  for  assistance ;  and  your  lordships  art 
told  that  this  part  of  the  charge  is  a  coose- 
quence  of  the  Earl's  not  having  taken  care  tbit 
the  suitors'  effecta  were  so  placed  out,  as  is 
put  it  nut  of  the  power  of  the  Maatcra  to  wM 
snch  an  use  of  them ;  and  that  this  ncgleet 
amounto  to  a  permission  and  encourageiae^ 
to  the  Masters,  to  dispuse  of  and  trafte  niih 
them  as  they  have  done. 

My  k»rda,  if  thia  part  ef  the  MUk  ktaht 


J^  High  Crimtt  4nd  Mifdn)M9tort. 


A.D.  irtS. 


[If an 


dei 


ii  would  be  to  adtuii  aacli  iivuai«iii»ti%i:  evi- 
deorc  only  as  a  proof  of  il,  und  1  ap(ireticml 
I  octnl  not  trouble  ^oot  lordthins  witia  ^amjiog 
#ny  tiling  more  to  it ;  tf  ii  U  to  lie  loo4«d  a^on 
•fl  ■  c<ifi«r<|u<'uce  only  of  sviins  otlier  ptirt  of 
llie  cbariirt',  as  a  miscltief  &rikin|^  frum  lite 
Aegkct  uf  putting  those  cITccU  uf  the  stiitoc-s 
iQi  i>f  the  power  of  the  Matters  to  make  8«icb 
of  them,  I  Ain  tomethinK  ai  aloBA  to  knowt 
tvby  it  i«  matie  a  distioct,  icIfjoiraUtmf; 
iCban^ ;  it  in:iy  |wi-hap9  by  that  ineanii  awcti 
we  hulk  of  the  Artirle,  hut  wc  humhly  s^ubiiitt 
It  to  your  lonUUips*  considvraUuUf  whether  tl 
•i  all  lacTi^nHPs  the  weig:ht  of  it  f 

%ly  lonU,  ihe  diar^e  in  thia  Article  ia  not 

Ibuuiktl  upou  a  hnrc  neglect  of  tlie  Karf,  u^ion 

»■  oiniviit)!!  only  of  Joinor  what  tt  ia  ooucelved 

lie  ou^ht  It  I  have  (lories  for  the  preveotioo  of 

iliia  iniMbehavioiir  of  titc  l^iaaiera ;  that  per- 

'  ^|»B  wa»  thought  too  alight  m  ground  for  an 

rticle  of  an  uii(>ea€hifwtil,  eweciaUy  wbea 

m  neglect  here  complained>of  doet  not  cooiin 

fUi  the  not  redres«iin|f  any  nartlcular  grievance, 

1|iOitiited  out  hy  the  complaint  of  any  of  the 

liiuiiorK  of  the  Courts  hut  in  the  iiot  making 

•Herat  orders  for  the  reformation  of  the  Maa- 

PerhapH,  my  bnla,  it  might  be  thought, 

^thftl  aQch  a   charge  wodM  have  heea  suffi- 

omiiy  anawered,  by  alleffiag^  aa  the  truth  ia, 

lltat  the  Momera  hare  only  Em  coatiotied  by 

i  |b«  ^aH  in  the  fiam«  degree  of  trual  and  power 

110  vvhich  he  Ibund  tbeut,  and  with  which  they 

I  wert  mveal^  long  belbre  be  preiided  in  that 

[Couri:  it  fimybttiM^^  my  lerdt,  it  cni^ht  W 

deredf  horn  wide  and  daagfliwjf  a  iield  for 

•diinefita  uid  other  MApeulioiis  won  hi 

k  been  opened,   by  ma  King  it  criminal  in 

^  one  wno  bad  tlte  superin tendency  of  an 

I,  htl^y  to  iMglectf  or  omit,  the  introdttc- 

_  Micli  ttMv  getwrtl  ordaf*  ftnd  regalatioita, 

MMsmed  lo  carry  i  probakifity  of  prerenting 

Ui«  abu-^a  of  the  umAtt  miajjrtera  of  auch  office; 

iQd  therefore  it  ia,  rny  lorda^  aa  it  may  be  pft^ 

•tuoed  that  lite  Earrsi  behaviour  in  ikia  Mapect 

Ml  iJlegtrd  to  be  fraudulent,  and  ui^uat,  and  witb 

%0  iuteutioil  of  ouUttng  untnMful  gain  to  hi w- 

petf,  liy  the  diafoael  of  tbn^i:  olikes,  and  m  ith 

■  p  corrupt  f  iiw  and  iiit««ttoii  to  ke^p  np  the 

[yvic^  of  tlieiQ :  ae  that  it  la  not  muiaanesa,  oi- 

^tgen^  lliat  the  Earl  atandji  here  accuaed 

bat  friffdandcorruplitm,  and  ii^  this  iu  not 

de  out,  we  tnnat  humbly  submit  it  to  yoar 

%lli{Mi*  judyiiMiBt,  wbrther  or  uo  thia  Ar* 

I  doea  oof  fmlj  to  the  grotiod  f 

But  what  proof,  what  evideoce  hit  beea 

I  fbr  ibat  (nir^Ki«e  ?  Nunc,  mt  fords,  that 

nbcr;  ' 
tit,  by  w 

avtng  maife  tia^  of  propcf  ejrpeUiuit't  U» 
nt  thW  ill  ptatdicet  the  l^ioatcn,  by  thai 
wcTC  more  at  liberty  to  make  a  pro^ 
oif&of  tlietr  AlB^-nit  ^bii^h  fur  UiM  rrason  idd 
ti  kigkf:  re  the  Earl   imitl 

lie  gu'l).^  '^h  that  liew;  a 

i»(tbuu^ii  uu"  1  Irulrrdl 

la  ibi  jKWpcct  uf  •:  wetUta 


at  t»  tempt  $0  nrrtrngly^  And  are  there  tm 
other  reaaona  apparent  why  the  Earl  ahonjd 
defer  hiii  regubuons  in  this  matter  F  I  itt**^ 
itot  put  your  furtl^Uips  in  mind  of  the  great 
MHoertMnty  of  %  oontiunance  in  that  high  {Utit 
alippery)  ataliotk :  and  a«  the  profit  aii4)poaed  to 
be  in  Tiew,  dependa  upon  the  death  or  aHoiie^ 
tion  of  the  HaMcra,  which  aonietirnee  do  not 
happen  in  a  longintervul  of  time;  when  thit 
uuc<riainty  iaaddiedio  the  othrT,  I  apjwal  to 
your  kurd^hlpa,  wbdlier  it  cao  bf  euMJy  ijiia« 
gined,  tiint  uny,  e?€ti  the  onv^t  $rry*^1  y  fKMnoo, 
aJlowrp^  bjin  only  to  be  in  his  wost^^  could  i>e 
pr^vniWfl  upon  to  baycoid  hi<!  r^putattoti  and 
<)uiet,  ULK)nt»ufh  distant,  sy'  4i  hopea  ; 

eapecially  my  lords,  if  thcii^  ■  o  hmridt 

a  coucluidon   he  excUided^  i>y   iis  dt>pearifig 
that  there  were  other  matters  wbidi  niem 
proUiklily  enough  be  the  reason,  or  i 
the  E&rVu  not  immediaiety  entering  i 
regulaticKiii? 

h  appears  hy  what  Mr,  Liij;hihoui}  baa  f.atd^ 
that  tb<f  Karl  was  very  willing  aiid  deMfuiis  of 
bar ing  these  matlen  ratfulated ;  aod  that  when 
he  fiiat  inforfned  the  baii  that  he  ha^l  some- 
thing to  oficr  to  kii  eotieideratioo  in  relaliaii 
iherelo,  the  Earl  aeenied  very  glad,  and  migb- 
tilY  pleased  with  the  propoi^,  and  gafte  iiita 
aifdue  euoouragemeot. 

It  Appears,  my  lortla,  that  al\cr  soiBe  timt 
taken  by  Mr.  LtjVhibouD,  to  di^courae  theMaa- 
tera  upoa  thia  bead,  he  wrote  a  letter  to  tlic 
Earlf  coutmuing  several  proposals  fur  the  re- 
gulating the  aflaira  of  the  Maaters ;  ami  your 
k>r4ihip8  will  ohaerve  the  liiiica  and  manner  of 
the  EarPa  fending  fbr«  and  pressing  the  Mas* 
ters  to  bfifig  in  their  accompt'j,  whiett,  iiutwtth> 
ataadinglA^  diHicrenL  turn  (bat  ha^hi^ea  endear 
voumd  lo  be  given  to  it,  we  btunbly  insist  upoitt 
it,  apf^am  to  have  l^een  done,  in  order  tlie  bet^ 
ter  to  enable  tlto  Earl  to  judge  and  regulate 
thrse  tnatlers. 

As  there  were  propoaala  for  reguiatin^  the 
canibict  of  the  JUaatera,  in  rcepect  ot  the 
suitors,  so  sereral  grie»anoes,  «4)ich  the  Jlas- 
tirrs  were  sapposc^d  to  labour  nnder^  and  in 
winch  the  suitom  too  were  noppoiied  to  be  con- 
oerued,  wrro  represented  to  the  Earl ;  ami, 
itmongst  oihera,  that  of  money  being  onlered 
to  be  [»yiiH  into  the  handu  of  the  Uaher  of  tA»e 
Court,  inslead  uf  the  Mntitcni;  which  was  re- 
prtifiniftd  as  a  thing  of  ill  oonMtpjenoe,  and 
dangemita  to  the  suitors  of  the  Court,  at  well 
as  injurimis  to  tlie  Masters.  It  appears  lilss* 
wise,  that  it  whs  tho\tgbt  proper,  if  not  nece^ 
aary,  to  take  all  tiiese  matters  into  con^idsfi^ 
tioti  together,  that  the  intended  regulalion 
^ti  entire  I  awl  not  by  pieee-taeal ;  attd 
u'hihoun  him^^f  was  of  that  o(diiioo«  aa 
vvirU  ^^  Mr.  Hoi  ford.  And  tlfougli  it  is  alleged, 
that  the  Earl  was  croihhly  informed  that  the 
suiiidency  of  aomc  of  the  Masters  was  mach 
auapected,  and  cotiscquently  that  a  ituire  im* 
n»eihatif  regard  sbtmld  havi^  U'Sti  had  t^  iv^hat 
oooci^tied  the  etlects  m  tlieir hands  ;  yet  when 
your  tosdsbips  conaidrr  bow  tbot  stamb  upon 
iHr*  jygblbouii^s  evidenre ;    tU^^il  «»*  wA'^  *.\^ 


1231] 


10  GEOI^CB  }. 


Trial  of  ike  Eari  of  MacdcsfieU^ 


[1231 


general  inUmation,  without  naroingf  any  parti- 
cular person,  and  that  Mr.  Lightboun  declared 
he  had  no  certain  gfrbnnd  fbr  sach  suspicion ; 
it  will  not,  we  hope,  be  thought  a  fault  not  to 
single  out  that  part  of  the  intended  regulation ; 
especially  when  the  same  witness  intbmns  your 
lordships,  that  it  was  as  impracticable  for  the 
Masters  to  have  given  an  adequate,  that  is,  a 
proper  security,  as  for  the  great  officers  of  the 
Exchequer,  or  the  treasurers  of  the  South  Sea, 
or  other  great  companies  to  do  so.  And  your 
Jordships  will  be  pleased  to  think  it  well  de- 
serves consiileration,  whether  it  was  in  the 
Earl's  power  to  compel  the  Masters  to  give 
even  such  security  as  they  could  P  And  if  it 
•fhould  be  said,  that  if  they  would  not  have 
(complied,  he  might  have  ordered  the  money 
out  of  their  hands  ;  it  will  require  time  to  con- 
sider where,  in  such  case,  he  must  have  placed 
those  effects  ?  It  would  have  been  as  extraor- 
dinary to  have  required  security  from  the  Mas- 
ters which  came  m  aAerwards,  and  so  to  have 
put  them  upon  a  foot  different  from  the  others, 
when  it  was  under  consideration  bow  to  settle 
the  whole.  But,  my  lords,  the  event  has 
•hewn,  that  there  was  not  so  much  occasion 
for  so  speedy  a  precaution  in  this  matter,  for 
the  purpose  for  which  it  was  then  principally 
intended,  which  was  the  preventing  the  Masters 
from  embezzling  the  securities  of  the  suitors 
in  their  hands,  since  there  is  no  occasion  of 
complaint  in  that  respect,  they  having  been  all 
delivered  up,  and  the  deficiencies  which  have 
happened  have  been  in  the  cash  in  their  hands, 
of  which  there  was  tl\^n  so  little  apprehension 
or  likelihood,  that  the  preventing  it  was  one  of 
the  things  the  least  under  consideration.  So 
'short-sighted  and  uncertain  is  human  pru- 
dence!^ So  different  the  judgments  made  of 
things  in  pros[fect  only  from  what  they  are  in 
experience !  I  make  no  question  but  your  lord- 
ships will  have  a  due  regard  thereto,  and  make 
all  equitable  allowances  on  that  account. 

Your  lordships  have  lieen  farther  informed, 
that  in  order  to  settle  these  matters,  several 
meetings  were  had,  and  among  the  rest,  one 
very  solemn  one,  at  which  were  present  both 
the  Earl  and  the  Master  of  the  Rolls.  I  need 
not  trouble  your  lord8bi|)s  with  a  repetition  of 
what  passed  there  ;  it  is  sufficient  to  olmerve, 
that  nothing  being  settled,  the  Earl,  whose 
mind  was  intent  upon  this  affair,  proposed  some 
expedients  to  facilitate  matters ;  particularly, 
that  if  the  Masters  would  quit  their  pretensions 
to  a  co-ordinate  power  of  judicaturo  with  the 
Master  of  the  llolls,  that  matters  might  be 
made  easy,  in  respect  of  the  unlering  the  pay- 
ments of  the  money :  but  this  would  not  be 
complied  with.  And  when  it  was  found  l>v  ex- 
perience impracticable  to  bring  any  thing  at>out, 
with  the  agreement  of  the  parties,  the  Earl  de- 
clared that  he  would  take  tlie  whole  matter  into 
his  consideration  ;  and  since  he  could  not  have 
the  concurrence  of  others,  he  himself  would  re- 


Silate  these  matters  as  soon  as  he  could.  Upon 
e  whole  of  the  evidence  offered  upon  this  Ar- 


boun  and  Mr.  Holfbnl  have  said,  it  pbunly  ap- 
pears, that  for  a  considerable  time  past,  evea 
from  the  latter  end  of  the  year  1791,  there  hsi 
been  an  intention  of  regulating  tha  offices  of  ibt 
Masters  of  the  Court  of  Chaocerj ;  that  suet 
intention  has  been  pursued,  and  tevcral  step 
taken,  and  endeavours  used  to  bring  it  to  effect; 
and  your  lordships,  I  hope,  perceive  the  muiy 
difficulties  that  have  interposed,  aud  will  notlv 
at  a  loss  to  fiud  reasons  for  the  Earl'a  not  hir- 
ing actually  made  these  regulations,  very  di^ 
ferent  from  the  distant  view  of  an  unjust  gun. 

My  lonis,  the  business  of  rcfurmation,  hov- 
ever  desirable  it  may  be,  is  in  all  instances  it^ 
tended  uith  difficulties,  and  io  the  present  csie 
those  difficulties  have  been  encreaaed  by  fkt 
different  and  jarring  interest  of  the  parties  ooa- 
cemed  ;  which,  at  least,  prerented  their  eos- 
cnrrenoe  in  such  reformation,  and  in  a  ^nctl 
measure  deprived  the  Earl  of  the  benefit  of  ibi 
advice  of  those  who  were  tlie  most  able  to  ior 
form  him  what  was  fit  to  be  done. 

Your  lordships  arc  sensible  how  great  a  po^ 
tion  of  the  EarPs  time  must  neceasarily  be 
taken  up  in  the  dispatch  of  the  ordinary  bori- 
ness  of  that  Court,  and  in  his  attendance  up« 
the  public  functions  of  his  office ;  and  if,  wkt 
these  circumstances,  he  has  uot  been  aUe  n 
bring  his  good  intentions  to  effect,  and  eosH 
pletc  them,  before  it  was  put  out  uf  his  povir 
so  to  do,  your  lordsliipa,  we  hope,  will  think  ii  . 
more  his  misfortune  tnan  hia  fault,  and  tksiW 
is  not  to  be  reputed  guilty  of  any  negleet « 
omission  in  that  respect,  which  can  be  adjodgfJ 
to  be  criminal.  We  shall  not  trouble  jflv 
lordships  with  any  evidence  upon  this  Aitidi^ 
but  submit  it  upon  what  has  heeo  already  of* 
fercd. 


May  it  please  your  lordsUfH 
icn  the  Managers  for  the  bi- 


tide,  more  especially  from  what  Mr.  Light 


Mr.  RohiriM, 
the  last  Article  whici  _ 

nourable  House  of  Commons  have  been  pkan' 
to  close  this  solemn  prosecution  withal,  ii  ikt 
Nineteenth  ;  wherein  they  have  endeavouiH 
to  represent  the  Earl  as  designing  to  abuttv' 
imi>ose  upon  his  most  sacred  majesty,  for  ihe 
sake  of  screening  and  protecting  the  MifM* 
from  a  parliamentary  enf|uiry,  and  to  keqi  if 
the  price  and  credit  of  their  offices. 

But,  ray  lords,  we  humbly  hope  no  evideoei 
appears  to  have  been  given  that  does,  is  lb 
least,  support  or  prove  any  such  designs  in  ike 
Eari. 

It  is  true,  indeed,  that  when  his  majesty  v» 
graciously  pleased  to  order  the  Masters^  if* 
compts  to  be  laid  before  the  committee  of' IdHi 
of  the  council,  in  order  to  inspect  the  saflv* 
that  the  Earl,  in  obedience  to  his  luajerty*^ 
commands,  thought  he  could  not  be  too  zealo* 
in  giving  orders  for  their  preparing  and  getliip 
tlie  same  ready,  and  therefore  ordered  thtf 
immediately  to  set  about  it. 

And  when  some  of  them  objected,  that  it  Ml 
impossible  to  have  them  ready  by  the  tiiaea* 

Rfccied,  the  10th  of  November  last,  espedil^ 
Ir.  Holford*s,  which  was  to  be  an  aeeoait  m 
twelve  yean,  that  the  Earl  howcf er 


1285] 


^  High  Crimeit  and  MUdmeamrs.  A.  D.  17f5-  [If 3i 


them  to  be  g^t  renAy  in  the  ben  maimer  tbcy 
coiiliT^  aod  told  ibetti,  if  il  tbould  upbear  they 
%rante<1  more  lime  to  msketbetii  pcrlect,  that  on 
aj){j|iCiitioii  it  would,  wilhuut  doubt,  be  i^mnted. 
Aiu?r  wbicb  your  tordsbifis  have  beard,  that 
»t  a  me^ling^ormostofibc  Masters  at  Sir.  £d* 
wardij's,  mma  Mr.  Cottingham  caroe  in,  be 
proposed  to  ibem,  some  s.iy,tbi'eethiiigSf  otbers 
two  ;  but  a\\  of  tbem  ^rte  in  subetiiDcc,  ibat  it 
was  to  have  their  acscompts  and  securities  in- 
•pected,  and  to  produce  tbe  balance  of  cash  io 
their  blinds,  if  it  should  be  required. 

And  as  to  tbe  iuf  pecting  of  their  acrompta 
And  becuritie^«  your  lordships  have  lieeu  pleased 
to  observe,  tltst  not  one  of  tbem  appeare<l  to 
make  any  difficulty  or  objection  to  it,  but,  on 
tbe  coulrary^  readily  consented  and  agreed 
loit. 

f)i?t  as  to  tbe   producing^  their  balance  of 

cmsh,  they  were  soitietbinigf  utartlcd  at  that»  as 

not  knoi4  ins^  trbat  was  intended  by  it ;    and 

^—therefore  asked  Mr.  CotUn^bam  if  they  were 

^Hb'nly  to  produce  or  shew  it^  or  if  tt  was  going  to 

^^Be  taken  away  from  iheiti, 

^H^    And  thougli  Mr.  Coitingliam^a  answer  was, 

^Hnuit  they  were  only  to  produce  it,  as  he  under- 

^Kitoo^t,  yet  several  of  thctii  appeared  to  be  very 

^f  Jealous  that  it  was  goini;  to  be  taken  out  of 

'       their  hands ;    and  Mr.  £dward8,  one  of  tbe 

If  alters,  expressly  said  so,  and  therefore  ad- 

▼iied  them  to  get  it  ready  ai  soou  aa  tbey 

could* 

But  vour  lordships  hare  been  pleased  to  ob* 

•erve,  that  h  hate?er  they  understood  by  it,  yet 

one  of  them  aaid»  or  bo  much  as  insinuated 

Mr,  Cottingbam,  that  tbey  were  not  able  to 

wer  or  make  good  their  balance  of  cosh, 

r  that  some  of  them  had  it  not  uH  ready  im- 

iately  ;  and  Mr.  John  Hennet  said,  it  could 

be  expected  they  fihould  keep  it  all  by  tbem, 

ir  fear  of  hsving  their  throats  cut,  and  that 

lerefore  tbey  nio>t  bavo  some  reaiionablc  time 

iven  thetn  to  ratne  it  in  ;  and  Mr.  Conway  ex- 

\y  swears,  that  be  apprehended  they  all 

lid  they  were  able  and  sufficient  to  produce 

leir  caiih  and  effects. 

And,  my  brdsf,  it  seeros  Tery  tiaturaJ  and 
able  to  believe  that  tbey  dtd  say  so,  or  at 
that  Mr.  CottintfbMm  understood  it  so,  be- 
when  some  of  them  asked,  whether  tbey 
to  produce  it  in  specie,  or  whether  Bank 
,  or  gotd^mithV  notes*  would  not  do  as  wrll, 
ic  m:ide  answer,  it  eertaititv  would  do  as  well, 
kOd  therefore  advised  those  that  hitd  not  such 
reudy  by  tbem  to  provide  tbem»  and  to 
itid  by  and  aMjst  one  another. 
Now,  my  lords,  with  great  tuhmission,  all 
IS  *irrm-  In  he  a  very  natural,  plain  iind  art* 
■  f  ifm  of  this  meetitjg :  and  wbeti 

(  n  htid  ibuii  acqutiinted  the  Mat- 

wIkit  Hiuh  expeeteit  from  lUem,  and   had 
rnute^  from  tliemalK  thiit  thcv  were  reudy 
*  '     t  iH'en  pro 


»ot« 


»ott 


auaei 


BDtes, 


pm  Mr.  Cottio- 

'  mit  after,   at  t.,..  L.. 

XVI. 


>t  hot  that 

1  thercfttrf 
^  bouse  o?) 


the  10th  of  November,  no  wonder  he  did  not 
particularly  ask  thetu  the  question,  whether 
they  were  able  and  ftufEci  en  t  to  payor  muke 
good  the  balance  of  their  cash,  few  thts  Mr,  Cot- 
tingham  had  before  assured  hini  they  were,  and 
therefore  no  need  for  the  Earl  to  a&k  the  quet- 
tjon  over  again. 

And  Mr.  Lovibond^  one  of  the  Ma«ter8,  sweara 
expressly,  not  only  that  he  himself  was  read/ 
ajid  willing  to  pay  and  produce  his  own  ba- 
lance, but  that,  from  %vbat  nassed  ai  the  Earrg 
house,  he  believed  or  thouglitall  thereat  of  the 
Masters  were  so  too. 

Now,  my  lonls,  if  this  be  so«  if  the  noble  Eart 
was  fully  satisfied  that  all  tbe  Masters  were 
able  to  make  good  their  acconipU,  and  he  was 
J05t  then  going  to  lay  a  state  of  them  before 
the  lords  oY  the  council ;  is  it  at  all  to  he  won- 
dere<J  at,  that  his  lovdship  should  give  them  hia 
advice  or  opinion  what  form  of  words  or  sub- 
scriptiou  he  thought  would  be  most  proper  to 
express  their  meaning  by  ? 

And  as  lie  approved  oi'the  form  made  use  of 
by  Mr.  Holford  on  that  occasion,  was  it,  or 
could  it  possibly  be  any  crime  in  the  Earl  t4> 
ndvise  the  rest  to  subscribe,  or  under- write  the 
same  form  to  iheir  accompts  likewise? 

And  your  lordships  have  been  pleased  to  ob« 
serve,  from  the  evidence  of  all  the  Masters, 
that  not  one  of  them  made  any  scruple  or  diffi- 
culty of  it,  but  went  into  another  room,  as  if 
they  were  really  going  to  under- write  the  verj 
same  subscription  to  their  aceompts. 

It  is  true,  mdeed,  my  lords,  same  of  them, 
when  they  were  i^ot  b^* themselves,  were  con- 
scious tbey  could  not  come  uji  fully  to  it,  and 
therefore  varied  the  ibrm  as  best  suited  their 
own  circurastRDces. 

But  your  Jonbbips  have  been  |d eased  like- 
wise  to  obserYe,  that  the  noble  Earl  wns  so  far 
from  being  in  any  plot  with  the  Masters  to  de* 
ceive  bis  majesty  or  the  lords  of  tbe  counci1| 
that  he  took  their  acriompts^  with  the  sub^crip* 
tions  tbey  had  under-wrote,  without  so  much 
aa  ever  looking  to  see  if  they  wore  confommhie 
to  Mr.  HolfordN  subscription,  and  apprehended 
tbey  really  had  been  all  tbe  same,  tilt  upon 
reading  ihem  before  the  lords  of  the  couticil 
the  variance  between  them  appeared. 

But  your  lordships  have  not  heard  of  one 
word  ot  reproof  giveu  them  by  the  Earl  after- 
wards, for  not  observing  his  directions  in  male- 
iikg  the  subscription  he  di*sired. 

If  the  Earl  hud  had  any  design  of  in^posing 
on  his  mijesty  or  the' council,  by  getting  tbe 
lV|aalen»  tt»  under- write  such  a  purttcnlar  tbria 
of  ^ulrtcripiion  to  their  accompts,  would  he  not 
Have  been  more  cat  etui,  before  he  carried  ia 
thoKe  accompts  to  the  eouncil-ljoard,  t(*  have 
licen  that  tbey  had  esractly  pursued  his  urdert 
f#»r  fear  of  a  discovery? 

Nay,  my  lords,  can  it  possibly  he  ima$t;rned, 
but  ili'st  when  he  came  afterwards  to  t!od  they 
had  deceiveii  him,  and  had  r\ot  undr-r-writtep 
the  suhvcriplion,  they  prefcended,  and  went  nut 
of  the  room  seomingty  on  |^urpoiO  to  coBi|i(j 
with  : 


J235J 


10  GEORGE  I. 


Trial  of  the  Earl  qfMaedeitfidit 


[12S6 


I  say,  my  lords,  can  it  posssibJy  beimayined, 
but  that  if  tlie  Earl  had  had  any  views  or  de- 
•ifirns  of  his  own  od  it,  he  wouldhave  severely 
rebuked  and  reprimanded  them  afterwards  for 
not  observiug  his  directions : 

But  3^oor  lonlships  have  not  heard  one  word 
of  proof  that  ibe  £arl  coooplaine d  of,  or  ever 
said  any  thing  afterwards  to  the  Blasters 
about  it. 

Now,  my  lords,  if  this  be  so,  can  there  pos- 
sibly be  a  greater  or  stronger  concurrence  of 
circumstances  to  show,  that  the  advice  or  en- 
couragement which  the  Earl  afterwards  gave 
the  Masters  to  assist  and  supply  each  other 
with  money  and  effects,  and  represented  to 
them  that  it  would  be  for  their  honour  and  ser- 
vice to  appear  able  and  sufficient;  I  say,  my 
lords,  can  any  thing  in  the  world  be  more  un- 
natural than  to  imagine,  that  by  this  the  Earl 
meant  to  advise  them  to  make  a  false  shew 
and  appearance? 

They  had  before  assured  him,  or  given  bim 
the  strongest  reasons  possible  to  believe,  that 
tbey  could  make  a  true  show  and  appearance, 
^hy  then  should  he  advise  them  to  make  a 
false  show  and  appearance  ?  What  end  or  pur- 
pose In  the  world  could  this  serve,  either  for 
themselves  or  his  lordship  P 

This  surely,  my  lords,  could  never  be  the 
EarPs  meaning :  or  if  it  were  whilst  he  was  under 
a  persuasion  that  they  were  all  able  and  suffi- 
cient to  answer  and  make  good  the  balance  of 
their  accumpts,  if  he  meant  to  advise  them  to 
make  a  false  show  and  appearance,  it  must 
hav^been  by  advising  them  to  conceal  part  of 
their  cash  and  effects,  for  fear  the  world  shoukl 
really  take  their  words,  and  be  of  opinion  that 
they  were  as  able  and  sufiicient  to  make  good 
their  acconipts,  as  they  had  under  their  hands 
acknowledged  themselves  to  be. 

But,  my  lords,  as  the  construction  the  other 
way  is  not  only  most  natural,  but  also  consist- 
ent and  agreeable  with  all  that  had  before 
passed  on  that  occasion,  surely,  my  lords,  it 
must  be  a  strange  wresting  and  perverting  of 
vurds  to  understand  them  otherwise. 

The  sum  of  this  whole  Article,  my  lords,  is 
this :  The  blasters  were  on  a  sudden  called 
upon  to  bring  in  their  accompts  of  cash  an'l 
effects,  and  tUey  did  so,  aud  declared,  at  the 
same  time,  that' they  were  able  and  willing  to 
make  good  the  same  on  a  reasonaldc  time 
given  them  fin*  raising  the  mosu-}' ;  but  being 
afterwards  called  upon  for  their  money  sooner 
than  they  expected,  aud  applying  to  the  Earl 
for  liis  alvice  and  directions  what  to  do  in  ir, 
he  advis..-s  iheni  to  assist  and  supply  one  ano- 
ther with  money  aud  effects,  till  their  own 
cotiM  be  gotten  m  ;  tells  them  it  would  be  for 
their  honour  and  service  to  ai^iiear  able  and 
sufUcicnt,  aud  that  lu>  uouhl  not  have  them  let 
the  wciiU  ir^e,  at  a  tiuKi  when  there  had  hccn 
so  much  r.Iamour  and  noise  about  tlieni,  that 
\\w^  were  not  always  ready,  even  at  a  minute's 
Warning,  to  make  cood  their  accompts. 

This,  my  lords,  is  the  whole  of  this  grievous 
eomphiint  against  the  Earl  \  aud  as  it  seems  to 


I 


be  nothing  but  a  piece  of  good  advioe  in  the 
Earl  given  to  the  Masters  for  their  own  sakes, 
in  great  sincerity,  and  frieofbhip,  at  the  Earl 
expresses  himself  in  his  Answer,  without  any 
possibilitv  of  advantage  to  the  Earl  himself, 
we  humoly  hope  your  lordships  will  not  think 
it  worthy  of  a  place  in  thb  loapeachment. 

Com.  Serj.  My  lords,  we  shall  not^ve  yoor 
lordships  much  trouble  on  this  Article,  wc 
shall  only  call  Mr.  Holford. 

Mr.  Holford  not  then  appearingv  Mr.  Cff- 
tingham  was  called  in  again. 

8erj  Frobyn.  M^  lords,,  we  desire  that  lb 
Cottiughaiii  may  intbrm  yoor  lordships  of  tW 
time  the  Masters  had  the  letter  which  be  it* 
fers  to,  and  which  he  delivered,  whereby  thes^ 
conipts  are  directed  to  be  brought  in  ?  Mfcdid 
desire  Mr.  Holford  to  bring  it  up  with  him :  If 
Mr.  Holford  batb  not  the  kilter,  and  it  ■  sil 
among  the  Masters,  we  must  ezamioe  Mr. 
Cottingham  about  it. 

L.  C.  J.  King,  Mr.  Holford  is  CMse. 

8erj.  Probyn,  This  is  the  copy  of  a  IcMeTi 
the  original  of  which  Mr.  UoUbrd  hath ;  if  ki 
hath  it  not  here,  I  hope  your  lordships  will  gin 
leave  to  read  the  copy.  My  lords,  i  ilesirs  thtf 
Mr.  Holford  may  give  your  ferdahips  an  •^ 
count  of  this  letter. 

Holford.  My  lords,  I  have  it  not ;  Mr.  kf' 
naston  did  inform  me  just  now  that  hebclievitf 
it  might  be  in  his  custody,  hut  he  haih  it  ooi 
here. 

Seij.  Probyn.  Your  lordships  will  pftm 
leave  to  examine  Mr.  CoCtioghiiBi. 

Cottingham.  My  lords,  there  wasantrfe 
made,  dated  the  Sd  of  November  last,  of  wkick 
my  clerk  made  a  copy.  1  can't  say  I  oS' 
mmed  it  myself:  The  order  is,  ^'  Let  the  se- 
veral Masters  of  the  High  Court  of  CbaaeffT 
forthwith  prepare  and  deliver  to  me  a  perfea 
account  of  the  money  in  their  hands,  thM 
distinguishing,  in  several  columns, 

"  The  names  of  the  parties  to  the  csoir. 

•*  The  dates  of  the  orders  for  briogio;  h 
mon-^y  or  securities. 

<*  The  time  of  bringing  in  each  som.^Pv* 
ticniarly  expressin;^  the  sums  transferred  9ti 
paid  to  them  at  their  coming  into  their  office  ii 
the  first  place. 

*<  How  the  same  hath  l«een  disposed. 

**  What  sums  paid  out,  and  to  whom. 

**  What  invested  in  securities. 

**  When,  and  by  what  order. — SpedlVisf 
the  securities,  by  dates,  numbers,  &c. 

*>  Where  the  securities  are  at  present. 

*^  What  money  remains  in  their  hands. 

"  Where  ibe  same  now  is. 

"  yov.  3,  1724.  MACCLKSnCLD,  C/ 

Com.  Scrj.  My  lords,  we  heg  leave  to  6^ 
srrve,  that  this  onler  is  very  much  the  ssfli 
with  the  directions  given  by  the  noble  lord  ftt- 
fore  to  bring  in  their  accompts;  but  upon  tfci 
nature  of  the  thing,  there  seeais  to  be  •  vi9 
good  reason  why  they  did  not  cooiplj  fiV 
tually  with  it. 


lf57J 


Jof  High  Crime$  and  ^fixdememiors. 


A.  D.  1725- 


Mr.  Plwtmtr,  Upon  ibit  obvervalion,  iny 
lords,  I  K<**'  U-MVi^  to  iisk  this  i»itnesa  whether 
liie   Mii  not  ^-if eo  id  «ur»€  accoiful^ 

ootwitbii  ^      t'  dilhciiliv  of  llie  luiihod  ? 

Colf^Pi^Aafii.  Yt  s,  toy  hrdl^^  tliey  have. 

H*  of  ii/arc.  Mr.  HoJtbriJ  will  infurm  your 
Joriiftbips  (tl  iliis. 

UoJ/ord,  I  believe  litis  ts  a  copy  of  llie 
I  mkr^feu  by  my  loni  Mtecle&iielit  (or  briug- 
>  iiag  tu  our  accotupls  in  Navember  last. 

S«j,  yrohyn,  1  desire  he  may  be  a&kfdj 
whether  the  ft! niters  ivere  able  tu  timke  up  ibe 
accompts  jHirsuMil  to  tiie  direcliont  given  in 
tliAl  order  r 

Uoljard,  I  beliere  it  wai  the  ocxt  day  ftftcr 
Ibifl  WII4  wfit,  that  Mr.  Couiri|^hatii  did  inform 
me  of  it  I  I  bad  n(»i  seen  it«  J  wan  then  ut 
,  WfilfliUMcr^  sitting  in  Court  itiib  my  loril 
IfaccJesfieki ;  alter  the  Couit  was  up  t  wmi 
into  the  tittle  room  bebiud  the  Court  with  i»y 
lord,  and  I  did  say,  1  tltou|fht  it  «vould  b«r  very 
tedious  to  do  exactly  as  tbU  order  directed,  lit:* 
cause  it  would  require  o  traniicribin^  of  every 
ptrticulur  thai  each  Master  in  the  Court  had 
ever  paid  ainl  received  Ut  several  years,  even 
where  causes  were  eadcd  many  yviwii  ago,  and 
lliat  I  thoui{bt  it  an  impracticahk;  thing,  Hy 
lortl  told  me  that  must  be  no  objection  to  the 
briiigio^  in  <>f  the  aceompts ;  if  we  could  not 
4o  as  vireU  as  he  wi»»heil.  we  should  du  ii  as  well 
aa  we  could;  aud  desired  ttieiu  to  be  ready, 
that  they  tutgbt  be  brougtit  in  by  the  titue  pre- 
Ibted. 

Cow.  iSrr^.  I  desire  he  may  be  saked,  whether 
there  were  any  argumcnisi  u^ed  by  my  lord  to 
l^oommeod  dispatch  in  this  matter  P 

Httlfifrd.  My  Ktrd  r^rtiomviciided  it  to  me  to 
hm  aure  to  liave  the  accompt  ready  by  the  time ; 
I  Ihiok  he  said  ft  was  to  be  delivereil  in  to  the 
council  bv  such  a  day. 

Com,  6cr)f  I  desire  he  may  inform  your  lord- 
ihip«,  if  nothinf;  was  said  about  luakmg  an  ex- 
case*  a  pretence  for  delay  iugf  the  accomptai^ 

Hoi/ord.  My  lord  did  desire  thai  they  mjrht 
he  pretiared  according  to  thofte  dtrectionw.  but 
aaid,  This  must  bt  ao  ejceosei  for  not  brio4,nng 
in  the  aoeowptsta  well  as  you  can  by  the  nine, 

Bit.  tlummcr,  Whifn  thti»  uccuinpt  m  ut  asked 
for,  how  lung  was  il  bf  lure  it  came  in  ? 

Jiol/ani,  Three  or  four  4U)k,  or  a  week. 

Mr.  Flumtner*  And  you  jjave  them  tu  com* 
|>lete  and  right,  fully  and  amply. 

Hviford.  Yea,  thrrv  were  some  litlla  uis- 
which  were  rectified  aHerwarda,  very 

all  onefi. 

Cam.  Strj,  By  rensoo  of  this  qiiesitou  that 
.  Iiaih  beeo  asked,  ^ivu  me  kavc  to  trouble  >aur 

'ibips  with  affking  aooiberi  whether  in  tbe 
a^  deliventd  in,  there  waitany  thuig  more 
'tkao  ibe  balance  of  tlie  accompt  ? 

M&tford,  Yea,  Iba  aeeonijit  I  delivered  in  waw 
aft  acoonapt  of  every  particular  cause,  and  of 
l|i«  fuooey  and  securities  in  cv<!ry  caunef  itnd  I 
dill  aiAd  tbe  toiicitoni  iyimis»  tu  every  cause,  as 
frr  aa  I  koaw  |  1  baUava  all  tba  otiiaiv  w«fc 
aat  ao* 

Qm. Svi*  Ibw  wtra tk«  oMMftf 


i 

I 


U&Iford,  I  bcticve  the  others  were  ilia  safae, 
otity  not  the  Kolicititrs^  name$. 

dm.  Siry,  I  don't  mean  thnt,  but  wbethef 
tliere  wa<i  not  tbe  balance  of  e:ich  particular 
accompt  delivered  in  ? 

Holjifrd.  There  was  tbe  balance  of  the  par 
ticular  causes,  aad  tbe  tvbole  summed  up  la* 
gel  her. 

8erj.  Prchyn*  I  desire  be  may  be  asked, 
whether  it  was  proclicnble  to  ffive  in  iheir  ac- 
compts  in  the  method  directed  witbia  tbe  tima 
prescrilitd  them  ? 

H  Iford.  (t  wa*  not, 

Hvt).  Prohi/n.  1  desire  he  would  inform 
your  lordships,  whether  they  have  not  been 
called  upon  tre«p»ently  to  hasten  their  accompla? 

Cofit.  Strj.  1  desire  he  may  be  a«ked,  wlie* 
they  have  heeu  since  called  upon  by  the  bo« 
uonrable  committee  ol'  the  counctl,  to  bring  ill 
their  acrompts  acconling  to  tl*c  said  method  ? 

Et4  of  Marc.  I  dfiiire  be  may  l>e  asked,  whe- 
ther after  thi<i  accompt  brought  in,  and  tbe 
balance  made  upon  tfvery  csii^t^  they  have  beea 
since  called  up<m  to  make  up  the  accompt  ao- 
cordmi;  to  the  fir^t  inittruclions,  or  not  ? 

Holjhrd*  We  have  not  been  re<|uircd  to 
puDiOtf  the  former  insitructions. 

Com,  Set  L  If  the  gentlemen  of  the  House  of 
Commons  have  dune  as  to  this  Article,  we  have 
done*  My  lords,  we  fthull  now  bejj  leave  to 
call  Home  \vivDes«e^  to  the  istAblialiint^  the  re« 

ftututiou  of  Mr.  Coitinghoiu  ;  when  one  aide 
lave  endeavoured  lo  lesseu  his  credit,  it  will  ba 
necessary  tor  the  other  siile  lo  call  wiiiiejwes  to 
conitrm  his  credit.     As  to  the  leslimony  be 
bath  uiven,  it  ts  very  material,  as  il  standi  in 
optH>Hiiiun  to  the  evidince  of  others  ;  though  it  ^^ 
be  0"i  directly  coniradicied,  yet  it  is  very  dif-  ^| 
ferent  from  some  accounts  which  your  lord* 
ships  have  received  from  aome  of  the  Masters, 
particularly  from  Mr.  Thrnna*  Bennet :  And  ^H 
aa  for  the  Sluoagers  of  ihe  II ou«e of  Commons,  ^M 
noiwith^tiandinjf'he  was  cnlleit  as  a  wili>ess  by 
themselves,  thoui^h  they  have  not  said  m  direct 
ti-rms  that  he  is  a  person  not  lo  be  credited,  yet 
calling  him  a  black  miniitter  of  iniquity,  and 
uiiing  a  ^reat  tromber  of  such  like  other  ex-  ^_ 

Sression«  seem  to  carry  some  insinuation,  as  if  ^| 
1r.  Cottmgham  was  «ic»t  a  man  of  ihat  m-  ^M 
legerity  as  I  belit«ve  all  that  know  him  will  bear 
textimony  to.  We  be*;  leave,  theri'fore,  t» 
calls  few  of  tltat  numbtir  as  wilnetses  to  his 
character  and  lepuiatioo^  who  have  known  hiai 
for  several  yean,  and  have  hud  a  full  oppor- 
tunity of  kiiowiiii;  hit  chtiracter  and  behaviour 
in  the  several  t»tuttonH  he  han  be^n  in.  ^M 

M  r .  Gvldc^broug h  called .  ^m 

8aii.  Prohyn,  My  lorfts,  1  desir«»  be  may  ba 

asked.  '        '     _  he  hath  been  ocquaiwled  witb 
Mr.  t 

0»id.,i..u,,fif,.  I  have  been  acqoainleii  with 
Mr.  Coitiuffhiiin  upward!*  of  twenty  yeara* 

.S#*rj,  Proln/tt.  \  de>tre  hf  would  inform  yo 
lordnhjft^,  during  ln«  acqiiaintauce  with  tlil 
what  hath  been  hi^  character  i* 

Q^Uimkvi^ik.  All  lilt  lint  be  wat  a  foycttor, 


I 


ItS9] 


10  GEORGE  I. 


Trial  o/ihe  Earl  ofMaedn/Ud^ 


[1140 


J  obserred  him  to  hare  a  good  character;  be 
behaved  himself  with  all  integrity  and  fidelity 
as  ever  I  knew  any  body  of  his  protiessioo. 

Spij.  Probi/n.  You  speak  as  to  his  general 
character. 

Goldesbrmtgh,  I  never  heard  he  had  any 
blemish  on  his  reputation,  he  always  maintained 
a  yery  fair  character. 

Serj.  Probyn,  DuriDjj^  the  time  he  was  se- 
cretary to  the  Lord  Chancellor,  how  did  he  he- 
hare  himself? 

Goldesbrough,  He  bore  a  rery  fair  character 
in  the  place,  as  fair  as  ever  any  body  did  that 
went  before  him. 

Mr.  Price  sworn. 

Com,  Serf.  We  desire  he  may  gire  your  lord- 
ships an  aceouut,  what  he  knows  of  the  cha- 
racter of  Mr.  Cottingham,  and  how  long  he 
hatli  known  him. 

Price,  My  lords,  I  hare  known  him  upwards 
of  twenty  years,  I  never  knew  any  body  say 
any  thing  amiss  of  him,  1  always  took  him  to 
be  a  very  fair  and  honest  man  :  1  know  no  roan 
in  his  place  behaved  himself  better  than  he  hath 
done. 

Cam,  Serj,  We  desire  to  ask  not  only  to 
what  Mr.  Price's  opinion  is,  but  to  what  is 
the  opinion  of  others,  as  to  his  general  cha- 
racter? 

Prtce.  I  believe,  if  you  ask  his  character  of 
an  hundred  people,  ninety  of  them  will  give  him 
rather  a  ^n^ater  character. 

Com,  Serj.  And  as  to  the  remaining  ten,  what 
character  doth  he  believe  the  remaining  ten 
will  give  him  ? 

Price.  1  believe  that  the  remaining  ten  can- 
Botjustly  charge  him  with  any  thing  that  is  ill. 

Mr.  Hickman  sworn. 

Serf,  Probyn,  I  desire  Mr.  Uickman  may 
likewise  give  your  lordships  an  account,  how 
long  he  hath  known  Mr.  Cottingham  ? 

Hickman.  I  have  known  Mr.  Cottingham 
90  years,  I  believe  ;  he  had  always  a  very 
good  character,  he  was  clerk  to  me  for  two 
Tears,  he  was  a  diligent,  faithful  clerk,  and 
hath  bad  a  very  good  character  ever  since,  and 
I  never  heard  any  thing  to  the  contrary. 

Mr.  Biithman  sworn. 

Serj.  Probyn,  My  lords,  we  have  a  great 
■umber  to  this  purpose  ;  I  desire  you  would 
inform  my  lords,  how  long  you  have  known 
Mr.  Cottingham,  and  what  his  character  is  ? 

Blilhnan.  My  lonis,  I  have  known,  and 
been  intimately  acquainted  wiih  Mr.  Cotting- 
ham, for  above  20  years ;  while  he  was  a  prac- 
tiser  in  the  Court  of  Chancery,  we  were  now 
and  then  concerned  one  against  another  in  bu- 
siness, and  I  observed  him  to  act  with  great  di- 
ligence for  his  clients,  and  in  a  fair  way  of  prac- 
tice in  respect  to  his  adversaries ;  he  had  the 
character  of  the  practisers  of  the  Court  of 
Chancery  in  general,  for  being  a  very  honest 
and  fair  man ;  after  be  was  promoted  to  be 
McrvUry  to  loy  lord  MaocWafieid,  e? ery  prac- 


titer  of  the  Court  that  had  any  butiMfa  moal 
have  frequent  recoorse  to  hioa,  and  be  was  ob- 
served to  discharge  that  oflice  with  great  josdoa 
and  dispatch  to  the  suitors,  with  fpreat  civility 
to  the  practisers,  and  with  a  strict  regard  to  tbt 
honour  of  his  master  and  the  Coart ;  be  wai 
content  with  his  just  fees,  without  everdemaDd* 
ing  or  expecting  more  on  pretence  of  expedi- 
tion, or  upon  any  other  account.  Id  genoral,  I 
took  him  for  a  very  honest  man,  and  be  wm 
always  so  reputed  ddring  the  tinae  that  I  koev 
him. 

Serj.  Prolnfn,  TAy  fords,  we  might  apply  If 
some  of  the  learned  Manag^era  themsera, 
were  it  proper  upon  tbia  occasion,  bat  we  baps 
his  character  is  so  clearly  established,  by  whist 
evidence  has  been  already  offered,  that  that 
is  no  necessity  for  troubling  your  lordships  wilk 
any  more  on  this  bead  :  but  we  shall  troobls 
yonr  lordships  with  one  piece  of  endenoeaMic, 
of  a  different  kind,  which  the  noMe  lord  isviik 
a  great  deal  of  difficulty  obliged  tosubaitm 
and  that  relates  to  the  private  conduct  of  bioMdt 
of  which  many  enjoy  the  benefits,  and  aH  wot 
enjoined  and  obliged  to  keen  secret ;  but  now  it 
is  become  necessary  to  make  knowu,  sines  be 
bath  been  represented  in  public  as  a  person  fal 
of  corruption,  that  hath  studied  nothing  in  the 
whole  conduct  of  his  life,  but  the  amassi^; 
great  riches  to  himself,  in  oppression  of  hii 
majesty's  subjects ;  it  is  now  become  uecessaiy, 
for  the  rindication  of  his  lordship's  innoceaec^ 
to  shew  that  bisections  (which  best  bcspeik 
the  intention)  have  been  of  a  different  natuie; 
that  as  his  lordship  hath  received  great  bousliei 
from  his  majesty,  so  he  hath  been  as  liberal  ia 
sha'ring  them  with  those  who  have  wanted  hii 
relief.  Multitudes  of  instances  might  be  girea 
of  this  kind,  but  we  shall  only  lay  some  fev 
before  your  lordships,  and  then  l»eg  leave  te 
submit  to  your  consideration,  whether  it  k 
possible  to  suppose,  that  a  noble  lord,  wheN 
neart  was  so  charitably  inclined  to  relieve  the 
afflicted  who  applied  to  him,  and  to  seek  ep- 
portunities  of  doing  good  to  strangers  who  wen 
no  ways  known  to  him,  could  be  guilty  of  ac- 
tions such  as  his  have  been  represented  by  ibi 
Managers  of  the  House  of  Commons,  liov 
can  these  things  be  reconciled,  tliat  a  roan,  trsK 
religious,  truly  virtuous  and  charitable,  slionM 
be  guilty  of  oppression,  injustice,  avarice,  enJ 
corruption  ?  \Ve  beg  leave  to  lay  aoroe  few  ie- 
stances  of  this  nature  before  your  lordships,  aed 
then  submit  their  weight  to  your  lordships'  gnil 
judufment. 

Com.  Serj.  I  beg  leave  to  obsenre,  tbat  ia 
a  great  many  Articles,  the  intention  being  wkrt 
the  Managers  have  much  relied  upon,  we  bs» 
biy  apprehend  we  hare  cleared  the  noUe  Isii 
from  those  intentions  he  is  charged  with,  kf 
what  we  have  already  offered  to  your  lei^ 
ships  ;  but  if  any  doubt  ahould  atAl  reesMb 
when  it  shall  appear  that  he  was  a  oonstanChr 
nefactor  to  the  oppreesed  and  affictcd,  tksK  e 
constant  spirit  of  benevolence  hath  reigned  ii 
the  breast  of  this  noble  lord  towarda  nalhiA 
yoa  will  think  it  inpoHible  for  «  idm  leteii 


1641] 


Ji^Y  High  Crimes  and  Misdemeanors. 


A.  D,  1725. 


contrt'lictory  to  Itimgeir^  thivt  at  the  same  If  me 
ashewnsilotitfrall  the^food  he  (K)u1d  in  private, 
lie  should  be  g-uili^  of  ararice,  corrupliim  and 
pp{ire«ftii>ri  in  the  most  public  manner,  ThcKc 
iiiiJities  Are  i»{i  Irn'Od^j^tfiit,  ittnt  \hey  cotitd 
Dt  reig-n  in  tlie  same  breast  at  one  and  i»ame 
p,  tor  that  reaaon  weaball  beg  leave  to  men* 
nn  a  few  oftbe^jreat  many  instances  y^e  mi^hi 
fodtice  on  this  head  ;  and  tirat  wedcsira  lla«l 
Ir.  Oaker  may  be  culled. 

Mr.  Oaktr  i^orn, 

gb,|*n>fryn*   My  lortU,  I  desire  that  Mr, 

JKMij  ^\ye  your  lordi»hi)>s   an   account, 

'  long  he  hath  been  emphiyed  under  the 

[ibfe  Earl  vitthin  the  bar  P 

Oaker.  1  nerved  bin  lordship  all  the  time  that 

ia  lnrd«hi|i  bad  the  great  seal. 

Serj,  S^roiufn.  I  desire  he  may  jtitc  a  general 

ount»  durmg^  all  the  time  that  he  served  his 

'  (lirp^  how  far  he  hath  beeu  privy  to  any 

baritaUe  actions  he  haih  done  ? 

Oitker.  My  lords,  I  have  the  names  of  some 

in  my  hand,  1  c;iu  only  tell  the  names  and 

Dim9  of  such  as  accidentally  came  in  my  way  ; 

>r  his  lordship  always  did  tliofse  actions  pri- 

atety.  and  with   hi%'  own  hands,  if  it  could 

:  1  )y  be.  W  hrn  I  first  came  lo  serve  h  ia 

i;i«-ing  heard  his  lordship's  charat'ier 

ci  iji  iMu  %t*ry  biMititifiil  to  at mot»t  every   body 

that  came  in  his  way,  I  therefore  endvavoiireil 

^  tafurtn  mvself  more   partictilutly  from  goch 

■out  ti  I  apprehended  upplifd   to  him  for 

iMiataoce  of  (bat  nature.    The  iirst  thnt  \ 

emrmber  wa«  one  Mr.  Brown,  who  hid  been 

mhor  of  aevrral  practical  books  in  the  law  ; 

'  I  lordship  wnic  pleaseil  for  some  years  before  I 

ted  under  hint,  to  pay  tor  him  3U.  a  month 

hb  Ikiard  and  snbiuatance,  besides  clothes 

pocket' money  ;  the  person  that  UM?d  to 

ill  being  absent  in   my  time,  I  paid  it  for 

I  aeveo  years,  till  Christmas  last,  when  he 

Prol^un^    At  the  time  be  died,  boir  old 
t  he  ? 

}<ik€r,  lie  said  ha  wu  on  Bartholomew  day 

L  aged  10^.    As  I  have  been  informed,  my 

1  sent  a  surgeon  ami  an  apothecary  to  attend 

,  and  paid  theiir>  ami  the  expcnce  of  bis 

al ;   and  the  »  hole  that  CAine  uitbiti   my 

filjfe  waK  aliout  120^     Afterwards  there 

Ir^re  two  clerjxymen  retttmmrnded  to  bin  lord* 

liip  for  a  livinif  that  was  in  hip«  dinpojcal ;  my 

i>rd  could  not  «^ion  determine  which  to  f^ive  it 

one  of  them  was  a  poor  ctiraie  in  Sorrey 

iTHaitiai  Ditton  :  This  poor  man  com|dainet], 

I  be  could  not  attend   Uni;;er  in  town,  nor 

I  money  to  carry  bim  home ;  my  lord  grave 

kilti  a  guinea,  ond  told  him  be  mi|{ht  go  home, 

be  m*ed  not  stay,  but  should  he  sent  t<i  whi^n 

Itehad  dwennineil  what  to  do  for  !iim.     A  htfle 

'   '  '  rame  to  town  ai^in,  and   %nu\ 

l>orted  that  his  lord»vhip  would 

.IT  U^  «  i^  tnrnetl  out  of  biscu* 

^  .was  ordi^re<l  by  the 

'I     ,         i  L    ^uit  the  parish,  but  that 

hm  hmH  ttoi  BMOty  i«  rtfyore  bis  lamily ;  and 


my  lonl  being  told  of  that,  sent  for  liim»  ani! 
gave  him  a  sutn  of  money  in  a  paper  ;  I  asked 
the  clergyman  tvbstjt  was  be  ^r^ve  him,  and 
he  said  2U  guineas.  He  had  soon  after  o  living 
given  bim  by  my  lord,  in  Kent,  and  then  as  he 
vvos  removing  bis  family  to  his  living,  tUej 
were,  here  in  town  by  the  ivsy,  taken  ill  of  the 
measles ;  upon  which  the  poor  j^enrlemaa 
tvaoting  money  to  proceed  on  tiia  journey, 
came  again  to  my  lord,  and  his  lordJiip  gave 
him  90  guioeas  more,  a«  he  told  me ;  and  f 
believe  liis  lordship  liatb  given  him  several 
times  since,  but  1  donH  know^  the  paiticulara^ 
neither  had  1  known  any  of  tlione  I  bare  o*en- 
tioned,  bad  not  the  poor  clergy  man  hi  m^ If  to  1 J 
me  of  them. 

Cotn,  Scfj,    What  is  bis  name,  and  where  it 
bia  living  ? 

Oaker,  His  name  was  Vigors,  and  bis  livhig 
is  near  Sittingbourne  in  Kent.  There  was  one 
man,  a  cooverled  Jew,  [  believe  be  is  here  him- 
self ;  he  halb  had  of  my  lord  70  or  80/,  There 
is  one  Thwaites,  a  Quaker,  who  hath  attended 
tiie  Houses  of  Parliament  long,  and  ia  very 
well  known <  hath  tiad  a  pretty  large  sum  of 
money,  besides  other  aiisistance;  6QL  1  paid 
him  at  once  by  my  lord's  order.  There  is  one 
Mr.  Wickham,  a  gentleman  in  the  navy,  a 
hair  pay  officer  ;  be  bad  oot^ruo  that,  and  wa« 
in  the  Marshal^^ea  prison,  and  could  not  make 
up  biB  matters  ;  a  trieod  of  bis  was  personally 
acquainted  with  me,  and  said  my  lord  had  soma 
knowled;«:e  of  this  officer,  and  desired  me  tO 
acqusiint  him  with  his  case,  which  I  did,  and 
liis  lordship  f^aid  be  had  no  acquaintance  witU 
him,  but  had  know  n  bis  father,  and  for  bts  sake 
would  clear  him  ;  and  it  being  said  he  was  in 
fhr  about  SOL  \n%  lordship  said  if  it  came  to  40 
guineas  he  would  pay  it,  so  that  it  set  him  out 
of  distress,  and  cleared  him  of  all  debts;  the 
gentleman  did  make  up  bis  affairs,  and  mj 
lord  paid  the  money,  and  besides  gave  him  a 
whole  suit  of  clothes,  ilouble  shoes  and  stock- 
ings, and  wtg;s,  and  new  sword  and  b'-lt,  6t  to 
ap|tear  in  the  world  again,  which  came  to  some- 
thing above  40/.  in  tlic  whole.  Atiotber  poor 
clergy  man  my  lord  gave  a  living  to,  and  be 
was  very  lame,  and  came  to  town  to  go  into  the 
cold  bath ;  be  happened  to  be  arrested  for  aa 
old  demand  of  36/.  His  wile  came  to  my  lord, 
who  gave  her  money  for  present  subsistance^ 
and  ortlered  me  to  lake  care  that  the  whole  af- 
fair should  be  made  up,  and  the  whole  debt 
was  cb-iired  and  di«churged,  anil  nil  the  costs 
and  cbarjfej*  paiil  out  of  his  lordship*s  pocket. 
There  are  abundance  of  other  small  sums  I 
un^bi  mention  rd'  the  same  kind,  but  it  would 
bif  endh-ss  to  trouble  your  lordfibips  with  them. 
Ther*  there  is  another  (itatter  *^  hich  1  menliofi 
^ to  your  lonlships,  not  so  much  for  the  value,  aa 
liir  the  manner  of  dojni;  it ;  a  |M>or  gentlcmaa 
resirlin;i;  at  ttie  Hath,  bad  a  pbce  ^hvn  bim,  aa 
he  *aid,  in  Irt  Lunl,  but  had  nnt  money  to  carry 
him  over,  and  iherHore  only  l^'gifeil  40f.   to 


I 


carry  bim  over   to   Ireland 
guineas. 


ine  to  remit  him  tive  i 


iny  lord  ordered 
which  be  r^rejv* 


ed,  but  afterivards  be  wrote  word  Uisi  be  tad 


1243] 


10  GEORGE  L 


Trial  of  the  Earl  qfMacck^ld, 


[1244 


his  family  were  ill  at  the  time,  and  therefore 
hail  expendc^l  the  money,  and  wonted  the  same 
auppW  attain ;  my  lord  tlien  ordered  me  to  re- 
mit him  10  guineas  more,  which  I  did.  Here 
is  at  your  lordshi|>s*  har  one  Mr.  Hauoders,  a 
clergyman  who  hath  siimlry  times  received  of 
his  lord -hip  favours  whilst  a  youth,  and  upon 
the  foundation  in  the  Charier  House ;  and 
\vhen  he  went  from  thence  to  the  University 
iiis  lordship  ^rave  him  40  guineas ;  and  aliei'- 
wards,  when  lie  was  near  ii^oinsr  ioto  orders,  re- 
mitted him  00/.  to  clear  all  matt4>rs  in  the  Uni- 
versity, which  I  sent  to  Dr.  Bentley  by  his 
lordshin's  or(*er.  I  don't  mention  several  other 
paniculars,  but  they  are  very  numerous,  both 
ivhiit  pasjiod  throug'h  my  hands,  as  well  as 
otlu'rs  of  his  lordship's  servants  ;  hardly  a 
we«*k  passed  without  some  instance  of  this 
kind. 

Com.  Serj.  As  you  were  under  the  frrent  seal, 
you  can  inform  my  lords,  when  clernrymen 
were  admitted  tn  their  livinflfs,  whether  his 
lonUhip  has  not  frequently  ordered  their  fees 
to  he  remitted  them  ? 

Oaker,  My  lord  frequently  ^ve  orders  to 
remit  the  fees  of  his  own  officers,  and  at  other 
times  his  loniship  paid  the  fees  of  the  patent 
officers  and  stamps  out  of  his  own  pocket ;  and 
Lath  f(iven  the  clerfryinen  money  besides  to 
pay  their  journies  tu  their  liviupfs,  and  other- 
\vise  to  sustain  them,  and  to  buy  books. 

Com,  Scrj.  Do  you  remember  Mr.  Higf^? 

Oaker.  Mr.  lliwTi^s  was  i^reatly  indebted  and 
in  prison  ;  his  lordship  discharjfetl  him,  and 
paid  such  debts  as  were  insisted  upon,  to  the 
Talne  of  aliout  90/. :  he  is  there  to  give  your 
lordships  a  particular  account. 

Dr.  Sai/er,  As  a  great  deal  depends  upon  the 
manner  of  iloinsr  tiiese  things,!  would  ask  him 
as  t(i  the  manner  iti  which  they  were  done, 
whether  in  an  ostentatious  manner,  or  how  ? 

Oaker,  My  lonl  did  these  generous  actions 
merely  as  they  fell  in  his  way,  and  without 
mentiuning  them,  or  letting  them  be  seen  or 
known,  as  far  as  I  could  ever  perceive  ;  so  that 
where  1  did  not  apply  to  his  lordship  myself 
for  such  people  as  caine  to  me,  1  never  knew  it 
but  by  accident ;  and  in  cases  where  f  was 
privy,  my  lord  generally  {^ave  me  more  than 
was  askejl,  his  method  being,  as  far  as  might 
be,  to  set  persons  entirely  free,  and  to  do  them 
a  full  service. 

Mr.  Hunt,  a  clergyman,  sworn. 

Serj.  Prohyn.  My  lords,  we  desire  that  Mr. 
Hunt  would  recollect  and  give  your  lordships 
an  accouiitofwliat charitable  acts  he  hath  known 
done  by  the  earl  of  MacclesBeld  ? 

Hunt.  I  have  known  my  lord  to  be  a  very 
gcnen)U'(  and  n«»ble  patron  :  1  can  speak  froni 
several  instances,  i-elating  not  only  to  myself, 
but  to  several  other  gentlemen  of  the  Univer- 
sity of  Oxiurd.  The  first  time  1  had  the  ho- 
nour of  being  known  to  his  lonlship,  was  about 
Whit*iutitide  1722.  upon  the  recommendation 
of  one  Mr.  Thurnbory,  vicar  of  Thame  in  Ox- 
fordshire.    The  noUe  lord  aik«a  Mr.  Tboni- 


bury  what  persons  he  knew  in  the  Univenjij 
that  were  inclinable  to  be  studious:  Mr.Tbon- 
bury  was  so  kind  as  to  mention  me  as  uir: 
u|)on  which  his  lordship  sent  for  me  to  dinev^ 
him  the  day  at\er ;  I  carried  him  some  of  it 
private  exercises  that  Ihad  done  in  the  Uai» 
sity,  which  his  lord:»iiii>  read  over,  and  wm 
kind  as  to  approve.  His  lordship  kept  ok  sil 
him  several  days,  and  desired  to  nave  ma 
conversation  wiih  me ;  and  he  dismiMcrf  m 
with  a  generous  present  of  20  guineas,  uUj| 
me  he  should  be  glail  to  see  me  when  bedac 
to  Sbirbum,  and  that  he  designed  la  mikf  a 
a  present  now  and  then  till  he  could  do  mat 
thing  else  for  me.  About  Christmas  a/kerw 
the  next  time  1  waited  on  my  lord :  1  and 
him  again  some  of  my  University  esenOi 
which  his  lordship  perused,  and  was  so  iaH» 
alile  as  not  to  mislike  them  :  His  lordship fr 
missed  me  at  that  time  with  another  gmxm 
present  of  20  guineas,  and  farther  assaiwa 
of  future  favours.  About  thb  time  Ibid  » 
ceived  a  letter  from  Mr.  Gagnier,  depntr  » 
fessor  of  Arabic  in  the  Uuirersity  of  Oim4 
wherein  he  complained  to  me,  that  be  had  ha 
ill  used  bjT  some  persons  in  the  Univernty,fir 
having  writ  a  poem  in  praise  of  her  Iloyal  fli^ 
ness.  This  1  related  to  bis  lordship,  biili* 
ship  expresseil  a  great  deal  of  concern  ferll 
misfortune,  pitied  his  case,  and  sent  himbf  si 
a  present  of  30  guineas.  The  third  time  J  U 
the  honour  to  wait  upon  his  lord&hip  was  ah* 
Michaelmas  17S3,  when  1  receired  likeviai 
present  of  20  guineas :  I  should  have  abt  ■* 
tinned,  that  1  received  other  smaller  prosfe 
from  his  lordship,  5  guineas  at  one  time,  td 
1  guinea  at  another.  The  last  time  Ikii^ 
honour  of  waiting  on  his  lordship  and  recddf 
his  bounty,  was  about  Easter  1784.  whei^ 
lordship  made  me  the  usual  generous  pti^ 
of  20  guineas,  and  was  so  kind  as  to  ww  If 
me  30  guineas  more,  viz.  15  to  Mr.  Hoicfcii' 
son,  and  15  to  Mr.  Greenway  ;  so  that  vithii 
the  space  of  2  years  1  received  of  his  lorW^ 
bounty,  for  the  use  of  myself  and  the  gtM^ 
men  of  my  acquaintance,  136  guineas,  upQBi> 
other  account,  and  for  no  consideratius  ski^ 
ever,  but  to  encourage  us  in  our  studies,  Hi 
support  us  in  the  University. 

Dr.  Sa^er,  I  would  know  whether  Ik  N 
guineas  were  looked  upon  as  a  single  boastji 
or  was  it  to  be  an  annual  charity  ? 

Hunt,  I  believe  so;  they  told  metiwTM 
received  it  as  such  before ;  we  all  looked  ifM 
our  several  benefactions  as  to  be  cootinusd. 

BIr.  Smytkys.  a  clergyman,  awom. 

7  * 
count  of  what  he  knows  of  my  lord  Alscdi^ 


Serj.  Probyn,    I  desire  he  may  giveui^ 
■ie  knows  of  my  loi 
field's  charities. 


Sm^tfiys.    My  k>rds,  in  the  year  1721  tkn 
became  vacant  the  place  of  a  Master  of  aahM*. 
>f  Colchester,  in  the 


pital  in  the  town  of 

ol  my  Lord  Chancellor,  to  which  Ma«ehM 
kinff  James  the  lat  had  aonascd  the  cars  • 
souls  of  a  parish  a^ioinaMVi  and  which  §t^ 
bad  no  nthcr  f  ra? mim  fir  a  wmmHttt    ^ 


Jhr  High  Crimes  and  Mudmeanors,  A.  D.  1725.  [  1246 

Mr.    Phtmmer,     If  my    lord 


r  fifister  had  taken  no  uffticc  of  tite  [la* 
Dr  had  any  care  Uiti  taken  time  out  of 
U  1  bare  ()€en  informed  l>v  the  inhiiUi* 
f  the  parish)  of  eithtr  hurymi^  ifiPir  d«nd, 
^tizin^  their  intJants.  My  Lord  Chan- 
beinif  (a*  1  liuve  been  luld)  iafumie^l  of 
mt  to  me  to  know  if  E  would  accept  of 
'aKtrr'i  (dace.  I  wouhl  not  mti»tiikef  my 
ehiipUin  sent  me  word^  if  I  would  acc<'pl 
\  place,  and  kt  hitn  know  my  Christian 
I  bis  lordship  would  fseud  me  the  ^runt  of 
did  ISO,  nndihen  my  lord  ^as  pleaitid  to 
*  into  the  natnre'of  the  thing,  I  in- 
I  his  lordship  tliat  no  cure  was  taken  of 
ri^h  at  a)l^  thiKicrh  I  uppreheuded  th&.mas- 
the  ht^fipiiAl  oiJi^ht  to  iuUe  care  of  it.  My 
irn  n*s  pleased  to  give  me  the  grant  of 
bpital.  and  ohIi|^ed  me  to  a  particuJar  care 
I  pansh  ;  and  at  the  i^ame  time  desired 
let  him  ki»ow  what  condition  the  church 
L  [  informed  him  that  it  war  utterly  un- 
ditine  service  ;  none  had  been  performed 
la  1  had  been  informed)  time  out  of  mind ; 
k  parlshionera  wens  in  stich  a  rr< 

Bi',  that  ttiey  Here  net  eatvahlt  ^ 
or  divine  wci  '  ":v  lord  iliLU  wai 

i  to  order  me  i  Iiim  how  much 

put  the  <:T  v^cnr.     Upon  this  1 

t\i  proper  i  *  mvktneQ  for  llieir 

;  and  hv  t.,..r  .luvce  !  informed  hi& lord* 
U^L  would  do  it*     51  y  lord  ordered  me  to 
■  workmen  nt  work,  ami  he  \rM..i,i  ,i,, 
pitts.     Before  the  church  wr 
jfii  my  unskiifuhiess^  and  the  ( i 
ien  (as  1  then  tlMHtfi^ht)  «hiB  C/U/.  would 
I  acMjuainted  ht»  h>rd4hip  with  it ;  and 
ircd  to  kxtow  how  much  more  would  do, 
■kineo  told  me  10/.     My  lord  ordered 
rkmeu  to  proct^ed,  and  ibey  should  he 
it  other  10/.  ;  but  by  the  faUiogf  of  a 
nd  other  acriilentx,  thix  money  ^vaR  not 
ioug'h,     I  was  ashamed  to  betray  my 
"*  rlf  to  be  io  im* 

1  imn^tucd  his 
^iii  »>iKjiij  iiisMK^;  »  fii  icntjined  to  puy  the 
If  the  money  myself^  hut  hdnf^  eticoii- 
fhi^'ijr  s-iycfj  I  fhd  inform  his  lordshjp 
t  we  were  in.     1  then  received 

||.  nimifiisiou  to  lei  the  workmen 

the  work,  and  *end  up  their  bills  when 
ftd  done,  which  they  did,  and  my  ton! 
liately  paid  the  moDt^y,  which  atnouotcd 
Ct   Hid. 

iSuytr,  I  desire  he  may  be  a^ked  what 
^parish  this  is,  and  what  kind  of  people 
labitantiof  it  arc? 

tfAi;^f.    It  is  a  poor  parish,  hnt  not  nutsie- 
'      (pannh  that  is 
e,  ahle  to  con- 
'     f  this  kind, 


I) 


<    uttked  whe- 
to  it,  or  any 


^f  Ayi.  He  hath  no  rehiiion  to  the  town, 
at  near  it^  nor  any  particular  caQcem, 
koovr  of,  for  any  hhiu  heloitging  to  it. 


Macclesfield 
thinks  it  dt^ctnt  to  {pre  this  efidencei  we  da 
not  think  fit  to  oppose  i». 

Dr.  Sayer,  Tlie  chHritiea  laid  out  by  toy  tord 
Mftcck«5Md  have  been  to  til  out  clerkly  men 
for  parishes,  and  to  provide  churches  tor  pa- 
rishes. 

Mr.  John  Mrytr  sworn. 

Sen.  Probyn,  I  desire  this  witness  to  inform 
your  lordships,  whether  he  was  not  formerly  t 
Jew  f 

Mc^ir.  I  was  a  Jew  formerly. 

8crj.  Pn*byn.  I  desire  he  wouhl  g^ive  your 
lordships  an  account  of  liis  conversion,  and 
what  cjrcumstnnces  of  hfe  he  was  then  in,  and 
bow  he  wus  reheved? 

M^yer.  \  was  hy  several  misfortunes,  and 
by  the  hardship  of  my  relations,  reduceii  to 
great  extremities,  afler  1  was  converted  troiD 
Judaism* 

N^rj.  Prohyn.  After  you  were  converted, 
what  charities  have  you  received  ?  Havr  yon 
received  any  collection  made  i'or  you  by  any 
person  ? 

Meyer .  I  did  apply  myself  to  my  lord  Mae* 
clesftehl  for  charity*  by  the  recommendation  of 
several  worths    '  •  n:  upon  which  r«com- 

rati'ndatioo  h  was  nleased  to  liestow 

upon  me  a  cliaiiiy  u«  .vo  guineas,  I  was  set 
up  in  a  way  of  living  in  3ie  parish  of  Hi.  Ka<^ 
thcrioe's^  near  the  Tower :  then  the  fire  hap- 
DcneU  there,  and  1  was  burnt  out,  alter  which 
1  hvd  a  dangerous  fit  of  sickness.  His  lord- 
ship got  an  account  of  the  same,  and  sent  me  a 
secorid  relief  of  SO  guineas.  The  same  time 
that  his  lordship  gave  me  50  gvtineas,  he  sent 
20  guineas  to  the  reverend  Mr.  8hu£e,  who  was 
(reasorer  to  the  society  for  propagating  tb« 
gospel  in  foreign  parts. 

Mr.  J^dmard  Saundcn  a  worn* 

Seij.  Prohyn.  I  desire  he  may  give  an  ac- 
count of  what  he  hath  received  of  my  lord 
Mttcc1ew6eld*s  bounty  ? 

Saufuicr%,  My  lords,  lu  the  year  17 K*  tha 
diiki?  of  Somerset,  throu^jh  the  intercession  of 
the  eail  of  Macch's6ctd,  put  me  into  the  Char- 
ter-house,  where  1  was  educated  i-i^lit  vpart 
and  an   half;    all  which  time  his  ur- 

nisheil  me  with  hooks  \  and  at  m\  .;  of 

the  school,  he  gave  roe  40  gfuinea:*  for  the  bet* 
ter  prosecuting  my  !(tudie«  at  Camhridge :  in  m 
j  year  m\^  an  half  uAi'r  this,  he  gave  me  60/, 
My  Iprds,  this  wa^  not  all ;  for  when  I  ac- 
quainted his  lordship  nt  my  t^oing  into  orders, 
that  1  owett  some  money  at  Cambridge,  hia 
lordship  was  pTeait^d  to  give  me  40  guinea* 
more  towardi»  the  discharging  of  my  debts. 


Mr*  Thamiury^t^,  clergyman, sworn. 


Probyn.     My  lordst,  I   desire  he  may 
Ytiur  lords  hips  what  he  knows  of  hit 

lords,  what  I  have  to  inform 

1 5  this;  that  in  the  year  If^l 

about  the  latter  end  of  Jnlyi  tome  application 


Scrj. 

inform 
lur<l*t»i 

yo. 


1S47] 


10  GEORGE  L 


Trial  of  the  Earl  of  Macdetfidd^ 


[ms 


liaviDf^  been  before  made  to  my  Lord  ChaD- 
cellor  by  my  father,  I  had  the  honour  to  be 
•ent  for  by  his  lordship  to  London.  IVhen  J 
came  to  town,  as  it  was  my  only  business,  so  I 
made  it  my  earliest  care  to  wait  upon  bis  lord- 
ship, who  was  pleased  to  receive  me  with  the 
rreatest  kindness  and  condescension,  tellings  me 
be  bad  some  li?ing^  at  that  time  in  his  disposal, 
one  of  which  he  intended  for  me ;  his  lordship 
likewise  offered,  if  I  bad  a  mind  to  see  tlie 
livings,  he  would  be  at  the  expenoe  of  my 
journey,  and  that  I  should  have  my  choice 
when  I  was  come  back ;  but  I  answered,  I 
would  refer  that  to  his  lohlship's  pleasure.  In 
H  few  days  after,  he  ordered  his  secretary  of  the 
presentations  to  prepare  a  presentation  of  me 
to  a  vicara^  in  Somersetshire,  called  Nine- 
head.  When  the  presentation  was  sealed,  and 
1  had  received  instructions  to  go  and  wait  upon 
bis  lordship  for  it,  he  was  graciously  pleased 
■ot  only  to  give  me  the  presentation,  but  also 
discharged  the  whole  fees,  and  likewise  made 
kne  a  present  of  100  guineas  to  buy  me  books 
withal. 

Mr.  r.  Withert,  and  Mr.  Heruham  called, 
mho  not  immediately  appearing, 

Seij.  Probvn.  My  lords,  I  am  told  here  is  a 
reverend  prelate,  who  will  willingly  stand  up 
in  his  place,  and  give  your  lordships  an  ac- 
jconnt  of  what  he  knows  of  some  of  my  lord 
•llacclesfi'eid^s  charity. 

The  Lord  Bishop  of  Oxford  stands  ap. 

Serj.  Probyn,  I  desire  your  lordship  wonid 
give  an  account  of  what  you  know  of  this 
matter? 

B.  of  Oxford.  My  lords,  the  question  put  to 
jne  is  concerning  my  lord  Macclesfield's  bene- 
factions and  encouragement  to  learning  in  the 
university  of  Oxford.  1  am  a  good  witness  of 
it ;  for  my  lord  some  time  since  desired  me  to 
recommend  a  number  of  young  men  to  him, 
whom  I  thought  proper  objects  of  his  favour, 
and  like  to  make  a  considerable  progress  in 
law,  physic,  divinity,  or  any  other  branch  of 
learning.  He  said  he  was  willing  to  bestow  a 
considerable  annual  stipend  on  them,  for  no 
•ther  end  but  to  enable  them  to  buy  books,  and 
encoursge  them  to  follow  their  studies;  and 
Ibis  without  any  regard  to  party,  but  merely 
for  the  promoting  of  learning  in  the  university. 
i  recommended  several  persons  to  him,  and  en- 
quired into  the  characters  of  some  who  were  re- 
commended by  others,  and  have  no  reason  to 
doubt  but  that  every  one  that  was  thought  de* 
ferving  bad  a  considerable  allowance.  I  can't 
charge  my  memory  with  particular  sums,  but 
beliere  his  lordship  said  he  was  williuc;  in  the 
whole  to  expend  this  way  4  or  500/.  every 
year.  This  is  the  sum  of  what  I  know ;  if 
your  lordships  desire  to  be  informed  of  any  thing 
more  particularly,  I  am  ready  to  give  an  answer 
to  the  best  uf  my  knowledge. 

Com.  Serj,  My  lords,  we  have  now  gone 
IliroiigU  our  evidence,  and  I  shall  beg  your 


lordshi|»'  indulgence  for  the  making 
short  ooservations  upon  what  has  bem  offered 
in  defence  of  the  noble  Earl,  dow  al  your  lord- 
ships'bar;  and  as  tliis  proceedinsf  has  already 
been  drawn  out  to  a  veiy  great  length,  I  an 
sensible  it  will  become  me,  to  use  as  mock 
brevity  as  may  be.  I  shall,  however,  before  I 
proceed,  beg  leave  lo  trespass  upon  your  lor^ 
ships*  patience  so  far  as  to  say,  that  if  in  the 
course  of  this  proceeding,  anv  thing  sbooM 
have  slipped  from  us  who  are  of  counsel  for  ibe 
Earl,  winch  might  not  be  so  exactly  suitable  lo 
the  very  great  respect  and  deference,  which  b 
due  from  every  one  to  this  aug^ust  assembly,  I 
hope  your  lordships  will,  in  your  great  good- 
ness, impute  it  only  to  the  inadvertency,  wbtck 
the  variety  of  incidents,  and  hurry  attendiof 
proceedings  of  this  nature,  may  reasonably  m 
supposed  to  occasion,  and  as  such  excuse  it 

We  hope,  my*  lords,  that  what  has  bfCi 
hnmbly  offered  to  your  consideration,  in  be- 
half of  this  noble  earl,  has  made  him  appcsri 
person  very  different  from  what  be  has  faca 
represented  to  be  by  the  Keotlemen  of  lbs 
House  of  Commons ;  and  1  am  apt  to  ser* 
suade  myself,  that  if  they  bad  been  as  well  ia- 
formed  beforehand  of  what  he  had  to  say  is  bii 
vindication,  as  they  were  of  what  they  bsdii 
object  to  his  c<^oct,  your  lordships  wosli 
have  been  spared  the  great  trouble  occaiioid 
by  this  long  prosecution. 

It  is,  my  lords,  the  peculiar  happioea  of  •« 
constitution,  to  have  in  the  different  parts  of  i^ 
all  the  requisites  necessary  and  proper  for  tbi 
preservation  of  the  peace  and  welfare  of  thM 
who  have  the  good  fortune  to  live  under  it  h 
those,  whose  part  it  is,  like  centinels,  to  waick 
for  and  guard  the  liberties  and  safety  of  lbs 
people ;  who  are  the  grand  inquisitors,  tosesicb 
into,  and  expose  every  thinp;  that  has  eves  tbi 
appearance  of  being  hurtlul  or  daugerooi  li 
the  liberties  or  properties  of  those  they  ic- 
present,  vigour,  warmth,  zeal,  I  badalmostiM< 
some  degree  of  passion,  seem  proper  qoalifi- 
cations ;  whilst  calmness,  moderation,  and  fi- 
ticnce,  not  altogether  without  tendemeis  isl 
mercy,  are  the  proper  characteristics  of  iboM 
who  by  the  constitution  are  to  determine  aof 
judge.  And,  my  lords,  1  may  venture  tonyi 
that,  to  the  glory  of  our  nation,  all  these  qM- 
lities  have  l^n  exercised,  and  every  parti( 
our  constitution  hath  exerted  itself  upon  oc- 
casion of  this  proceetling:  His  majesty's  grtrt 
condescension,  in  readily  laying  this  mtlier 
before  his  parliament;  the  zeal  and  \iguarif 
the  House  of  Commons  in  examining  ioio 
it  ;  the  great  abilities  and  industry  which  tbe 
learned  gcntlen^en,  who  have  had  tbe  bonoff 
of  managing  this  prosecution,  have  sbc«i^ 
(they  will  pardon  me,  1  hope,  for  saying,  1 
could  have  wished  it  had  been  attended  viA 
something  less  harshness  and  severity,)  td 
your  lordships'  great  goodn(*iis  and  patiete^ 
hitherto  so  conspicuous,  and  of  the  continoaMl 
of  which  there  is  not  the  least  reason  lodoiA 
are  so  many  illustrious  proofs  of  it. 

Give  me  leave,  my  lordt,  to  prooMdlKlfci^ 


ISld] 


JiiT  High  Crimet  and  Misdemeanors. 


A.  D.  1785. 


[1250 


itl  T  ^le  part  which  thetioble  Karl  At 

the  I I'!  »JMhi5  i^flTiiTf.     Hi*  ffnilincss, 

ll*rhtli  lilUi  la-  1  ;e,  he 

lluuuil  th«  thovi  jiu'i  ot 

ucery  2  won.  ior,  .iiii.vna  toi  Luri  ftjugty 
flV'ci,  iu  hi}  inif  ihe  dH^nk  More  hi*  ma- 


Fiiifoaui-il ;  Un 
he  tifwrwnviiu 


WOTl 


\i  and  pro|»€r  ot- 
ujum   thut  OC' 
M^  ti>  havij  them 
icutc   tiiin  «tiitl, 
r.  liiitatiou  aud 
to  be  (lone 
1       .  .  uiL      Nur 


iinti  J  tviih 

.  V€    lii_|     ,  n'    (if    li 

neritot  what  i 

vi^ftrdi  the  i'  '      .  i  , 

nl\  your  Ion l;i hips  be  at  «  hist,  id 

fl^c«ih«  ihw  tichni'iuur  ol*  the  £;n  i  i 

uulioh;  the  rc|tre«ieutAtioui«  ivhich  hnic  hriu 

[iwlc  of  him  ;    vhcn  you    filiall   consiiler  iUa 

idy  nil'  I  ^€iil  for  our  caaUilulioii, 

vhich  oil  ^1^  hure  m  lemarLuMy  ap- 

iir^tl  in  Inn^      \  r>ur  turdithipSf  na  doutit,  r^- 

Dcmher  those  timfcsi  autt  coo^unclures^  *vl»ich 

wail  ihoupht  rtfjutred  not  (il'  ',^ 

td   un't'ction,  hut  vii^or  likex^ 

t  (ffcsorvi*  lf>  us,  itu- 
(ion,     Thfn  it  v^ujs,  u  f, 

,  i._.  ,.., .  iiobk'  lord  so  t^iiutjtiii  r  v>.»LL*l 
thofiv  threat  aUhtics  he  \vm  inui^ter  of;  luit) 
liat  with  »ucb  succetis,  as  i^Biued  Uun  di*-  :iri- 
roUktionuf  hit  uiujesty,  ivho  th'»u: 
I  liOBigtial  lift  tojuslify  hi*$  [i]iiiii;i 
[wurdti  hiru«  and  hi«  goodness  iti  taivmg  liiru  to 
liK»  great  botiour.  And  can  it  easily  \^  thought, 
ay  lordc,  tliat  one  so  i)tiahlHHl,  i<}  all ec tinned, 
o  dijktint^uishedf  slioulit  enter  into  a  wihl  tk- 
lign  of  dect'i%ni^  both  king  and  parlbmifnt? 
^r  that  lie  ihould  enter  into  it«  unu  carry  it  on 
poor  and  iiidiM   ,1  [ 

ailed  irj  ihe  Chary  r 

lid  of  thought     titiu    tuuni*auvt^  KKti   11  H::- 

more  of  roadnt-ss  than  any  tU\n^  eUe* 
MHie  be  could  tte  thought  capable  of  at* 
ling^  to  conceal  mnitt'i'^  tbn^t  were  so  notO" 
i  to  every  body,  iiud  that  by  a  uicati<(  which 
aoii  the  very  nature  of  it,  must  in  some  hUmi 
:  have  betrayed  the  contrivatici'  ;    \  ,1  sure- 
f,  tuy  lord%j  hti«  feamanil  f»p|»i  ivonld 

f  restiained  him  from  coiiHr,  ^  him- 

llf  in  a  maltcr  of  so  high  fzoncerii,  viithout 
Ibtioction^  to  so  many  pennons  us  ucre  then 
luppoM'd  to  he  prc&eiit ;  that  he  «hould  publicly 
fitr  hiich  orders  as  would  cerlamly  expo«e  him 
(»f  his  mt\je«ty  and  lioih 
!  rnl»  iu  hope**  that  such  ft 

'  '   >'»  mmiy  people  aa  are 
.1  in  it;   turely,  my 
''  ■">rdinary  a  tiatmc» 
1 1  an   what  arises 

if]\/^'(Kir\('  vvitli  a 


;ed  to  I 

untLL  :, 

of  people  a 
Eit  a  hurry  an  I 
W^y    great  room  lor  misnp^ 
bete  It  was  easy  for  one  to  1 


ttitd 


ivill  not  think  it  reasonable  to  be  relied  on,  a£  m 
proof  of  micba  charge. 

My  lords^  the  foundation  of  thin  whole  com- 
phiitit  njpiuiit  ilie  £ari  is  hid  acceptimce  of  pre- 
aeuU  or  j^tintieii,  upon  the  disposal  of  place*; 
or,  ttji  the  ^cntlcmLii  of  the  Ilouse  of  Com- 
in«Di»  :r       ''         ■   T       ;    '  V       ollin^J  of 

pb(;is,  <  >  uf  tlia 

Courts  *  M.Mn.c.>  ♦Vi  iiafL  uouiiitcd  tha 
i.icl8|  but  without  admiit'm^  those  drcum- 
aitancej  which  accompany  U«  »^  it  sianda 
chai|;:ed  id  the  several  Articles  lor  ttiat  pur- 
pose I  sad  we  hu{>e  we  have  jiattsfied  your 
tiudshipj)  that  it  waa  no  ways  illcu:ul  to  acl 
us  the  Karl  hath  done  upon  those  occasiona* 
To  hupport  uur  reaetouiog  upon  that  head,  wo 
pro)M>««!d  to  shew  to  your  lordBlii|»S|  what  tha 
^cnse  and  ojiinion  ai  divers  (^[reat  and  learned 
men  bad  been  in  respect  to  the  law  in  that 
poin1»  from  their  own  practice  »»ud  behaviour  :. 
And  w«  hope  that  the  evidence  uhieli  hath 
leen  oiTered  for  that  pur|»o^Ct  haih  plainly  made 
it  out^  that  the  Earl  hath  the  couiitant  usaga 
<d'  bi«  predecejisors  in  tlvai  oflice,  ns  well  as  of 
*«lhe?  grcjil  persotis  in  other  5i«uon?!t|  to  conn- 
lifnance  wh^t  he  huth  done  \i\H>ii  buch  occa- 
siuns,  and  ihut  without  any  m^rks  of  jiarlia- 
menlary  reientment.  If  this  noble  lord  stood 
iri  need  of  an  excuse  for  having  t^ken  ]Mesent*| 
liow  elTcctual  would  this  be  for  that  purpose  ? 
For  sure,  my  lords,  if  it  were  allo^^cd  that  he 
liad  erred  iu  thifi  umtter,  yet  after  sucli  greai 
examples,  your  lordships  would  think  U  aa 
error  only,  and  not  co  oH^eucc  Mbich  deserv* 
ed  a  heavy  censure* 

The  rest  of  the  Articles  bate  so  near  a  rela-^ 
lion  to  the  ehuri^e  of  taking  money,  being  only 
a^gravatiotia  ot  that  matter,  iindei  the  several 
circumstances  therein  conloined,  that  I  hum* 
biy  apprehend^  they  do  in  a  great  measure  de- 
}iead  upon,  and  will  stand  or  fall  ti>gether  with 
it.  And  us  the  evidence  which  baa  been  given 
in  relation  to  them,  and  the  observation  a  made 
thereon,  have  been  so  full,  and  are  yet  so  freab 
in  your  lordships*  memories,  I  will  avoid  trou- 
bling your  lord*ihipa  with  a  needlesi  repetitiou 
of  any  thing  upon  those  tteads. 

My  lords,  the  source  of  all  the  evils  her* 
complained  of  in  the  Earl  is  supposed  to  be  ava- 
rice :  every  thing  is  ascril»ed  to  an  immoderat* 
thirst  after  gain  I  an  irreguljt  desire  of  amassing 
wealth.  And  great  endeavours  bare  lw?en  iiseil 
to  persuade  your  lord^bip^,  that  the  £aif  was 
so  wholly  tJimted,  %o thoroughly  possessed  with 
this  vice,  that  he  had  nolhinff  m  view  but  to 
l^riLtify  it ;  and  every  single  action  of  hiw  had  a 
tendency  that  wa> .  Bui  nitre,  my  lofds,  tha 
evidence  ju%t  now  laid  bHore  your  lordshipa^ 
*ihcWH  a  i*pii  it  and  temper  of  mmd  far  dilliTent 
from  that,  and  total  I)  inconsuitent  with  it.  Amt 
none,  I  hope»  will  object  against  ovir  having 


to  another,  B«i  if  spoke  to  htiuikt)!  ;   and 

l^rnre  it  proceeiled,  as  I  presume,  that 

d'  that  transaction,  by  th<^ 

i  in  tt«  is  \o  varioott  and 

iiut  umi  WM  humbly  boj»eyour  lortltbipt 


*,it  wa*»  '  entered  'w[t\  n  proftff>(  ifnitnuiure;  there  at • 

soma  '■  V  this  is  one,  that 

willJM  I  man  in  puhrmhing 

1'  1  dttuU;  uiiij  upon  which  even  cha- 

at  first  ioleudcd  {a^  they  ought)  In 

4tt  aileiJCtf,  and  known  to  nona  bv% 


41. 


1251] 


10  GEORGE  I. 


TritU  of  the  Earl  ofMaccle^fidd, 


[1?5« 


the  great  rewarder  of  them,  may  be  withdrawn 
from  iheir  privacy,  aod  disclosed  to  public 
Tiew. 

My  lords,  the  instances  which  we  haTe  pro- 
duced are  not  of  pompous  charities ;  we  should 
then,  no  doubt,  have  been  told  that  vanity  and 
ostentation  had  the  greatest  share  in  them: 
bad  ihey  been  a  few  instances  only  which 
were  laiJ  before  your  lordships,  though  far  ex- 
ceedin{<f  in  value  those  which  have  now  ap- 
peared, it  would  perhaps  have  been  said,  that 
those  were  starts  and  tits  of  charity :  but  your 
lordships  will  observe  that  these  nave  flowed 
in  a  continual  stream,  and  can  be  owing  to 
nothing  hut  a  constant  habitual  benevolence 
towards  mankind,  a  regular  and  continual  in- 
clination to  do  good.  And  can  such  a  tem|)er 
and  dis|iosition  of  mind  be  consistent  with  in- 
■atiable  avarice,  base  corruption,  and  merciless 
cruelty,  in  spoiling  and  oppressing  widows,  or- 
phans, and  lunatics,  and  such  too,  who  were 
under  his  guardianship  and  protection  ? 

My  lords,  we  hope  it  will  be  thought  im- 
possible for  such  0|ip03ite  sentiments  to  reign 
in  the  same  breast,  at  the  same  time ;  and  that, 
at  least  where  any  thing  may  appear  doubtful 
in  the  Earl's  words  or  actions,  not  only  the  re- 
ceived notion  of  our  law,  of  presumin{|  always 
in  favour  of  innocence,  but  this  benignity  of 
temper  in  the  Earl  will  determine  your  lord- 
■hins  to  consider  it  in  the  most  favourable  light, 
and  never  to  intend  any  thing  harsh,  which 
will  admit  of  a  milder  construction. 

The  cries  and  tears  of  widows  and  orphans 
have  been  artfully  introduced,  to  raise  your 
lordships'  compassion  and  indignation  upon 
this  occasion.  It  is  no  wonder,  my  lords,  that 
women  and  children  should  be  frightened  at  the 
first  appearance  of  the  deticiency  m  the  suitors' 
efli'cts,  which  was  represented  in  so  terrible  a 
fiew  ;  but  we  hope,  my  lords,  the  terror  is  sunk 
with  the  delicirucies,  and  that  in  a  great  mea- 
sure these  cries  are  hushed,  and  tears  dried 
up,  now  it  already  appears  (as  we  hope  it  evi- 
dently (loos)  that  no  very  considerable  loss  is 
likely  to  licppen  to  the  suitors,  and  that  the 
prospect  of  its  being  lessened  still  improves. 

Under  these  circumstances  should  your  lord- 
shi|>s  think  (which  we  humbly  hope  there  is  no 
ground  to  suppose)  that  the  Karl  has  fallen  into 
any  mistakes;  yet  when  his  Majesty,  your 
Lordships,  and  the  Counnons,  have  extended 
their  clemency  to  those  Masters,  who  have 
been  the  acknowledged,  the  immediate  instru- 
ments and  actors  of  the  evils  coniphiincd  of, 
and  of  whatever  may  be  prejudicial  to  the 
suitors  ;  and  the  legislature  hath  interposed,  to 
preserve  them  in  the  enjoyment  of  their  offices ; 
we  hope  the  Earl  would  iiot  be  the  only  object 
on  which  your  lonlships'  goodness  did  not 
shine.  We  rather  hope  your  lordships  will 
consider  his  misfortunes  ;  and  when  you  look 
upon  the  high  eminency  from  whence  he  is 
fallen,  and  view  him  at  your  lordships'  bar, 
scourged  with  the  severest  stripes  the  tongue 
can  inflict,  and  (what  can  be  more  catting?)  a 
punishment,  from  which  he  had  some  reason 


to  expect  that  his  relation  to  ^our  illostrioai 
body  might  have  protected  him:  that  iheie 
circumstances  will  raise  those  ffenerous  seuii- 
ments  of  tendernesss,  which  afwajrs  dwtll  n 
noble  breasts:  a  tenderness,  no  ways  inco^ 
sistent  with  your  lonlships*  justice,'  to  u  bin 
the  Earl  cheerfully  submits  himself;  and  tha 
in  imitation  of  the  unerring  Jud^e  of  all,  whoR 
vicegerents  you  are  on  this  occasion,  your 
lordships  willin  judgment  remember  aien.7. 

Mr.  Onslow.  I  would  not  interrupt  the  geod^ 
man  that  spoke  last  before  be  had  ended ;  bsi 
I  must  now,  before  this  gentleman  goes  on,  in- 
form your  lordships  that  an  incident  bath  hsp- 
pened,  that  the  Managers  think  they  areoblif^ed 
to  take  notice  of.  The  right  reverend  prelate 
is  not  by  the  Managers  in  the  least  saspeded 
as  to  his  veracity,  and  the  truth  of  what  bfl 
says ;  but  in  judicial  proceedings,  especially  ia 
a  criminal  case,  as  this  is,  the  Managers  tfa'iok 
witnesses  of  all  sorts  are  to  be  examine*!  upaa 
oath ;  not,  as  I  have  said,  that  they  have  as; 
doubt  of  the  reverend  prelate's  veracity  ;  bitf 
for  the  sake  of  the  precedent,  and  to  prevent 
ill  consequences,  the  Managers  think  his  k)rd- 
ship  must,  as  all  other  jiersons  do,  ffive  bisto- 
timony  upon  oath :  your  lordships  liare  prece- 
dents in  tlie  case  of  my  lord  StrafTuni*  ici! 
others.  The  witnesses,*  if  memliers  of  yonr 
lordships'  House,  are  to  be  sworn  at  the  tabie. 
and  give  their  evidence  in  their  place. 

H&j.  Pengeliy,  My  lords,  if  it  be  iosiiteil 
upon,  that  what  the  reverend  prelate  np 
should  be  taken  as  evidence ;  we  humbly  ap- 
prehend, according  to  the  rule  of  evidence,  be 
IS  to  give  his  evidence  upon  oath.  And  thii 
being  so  material  an  inciilent,  and  the  proie- 
cutioii  having  proceeded  so  far,  we  humbif 
beg  leave  to  put  your  lordshiiis  in  mind,  tbat 
it  is  insisted  u|)ou  in  point  ot  testimony,  tbtt 
the  reverend  prelate  would  be  pleased  to  ke 
sworn. 

liord  Lechmere,  No  doubt  but  the  revemd 
prelate  ought  to  be  sworn.  It  was  not  laka 
notice  of  If  the  prelate  be  called  upon  as  a 
witness,  his  evidence  must  be  upon  oath. 

Bishop  of  Oxford,  My  lords,  I  should  be 
very  sorry  to  give  any  offence  to  vour  lord* 
shijis ;  if  the  honourable  Managers  insist  upa 
it  that  I  take  my  oath,  and  your  lordships  di- 
rect lue  so  to  do,  1  am  as  willing  to  givemv 
evidence  upon  oath,  as  without  it.  I  submit  it 
to  your  lordships,  whether  you  will  look  opn 
the  Jounials,  to  see  how  the  precedents  stiw!^ 

Lord  Lcchmere,  If  it  be  insisted  upon  to  look 
into  the  Journals,  the  parties  must  withdraw. 

[Thereupon  it  was  waved,  and  the  Bisbif 
sworn. t-] 

Bishop  of  Oxford,  My  lords,  for  the  advaBC^ 
meat  and  encouragement  of  learning  io  tbt 

•  This  Case  is  in  vol.  3,  p.  1381. 

t  As  to  the  swearing  of  lords  of  parfiaaesl, 
see  in  this  Collection,  vol.  9,  p.  77% ;  vol.  7.p 
1458  ;    the  ezaminatioD  of  lords  "^     ^^^^ 


U»8] 


Jot  High  Crimn  and  Mkdtmeimors*  A*  IX  1725* 


Ti 


Uaber«tty  of  Oxford,  I  remember  my  lord 
Hiccte^fieiil  some  tlnh>  ^iiice,  tuld  itic  lie  waa 
wi1liii£f  10  alloi^  I  i;trie«  to  persons 

Uiat  were  Btutli>  i  ,    atal  that  this 

I  and  C»rl«»ret  in  Kelly'a  Caw,  p,  470,  of  tbi^ 
valumet  and  FortescueS  [leporta  Uiere  referreil 
m,    8ee,  too^  Peidce^s  Law  of  l^ridence,  p.  10. 
I    In  tlie  Lorda*  Journal  I  find  thai  on    **  IMay 
||6tli,  16B5,  the  earl  of  Radnor  reported  from 
the  lonl*!  commiiteefi  for  privileq^e^,  That  the 
liri  of  Plymouth  infbrmeil  their  lordships,  thai 
Ilia  lortUhip  bdog  to  give  an  answer  in  Chan* 
y,  he  offered  it  to  air  William  Beverfthaoif  a 
in  Chancery,  upon  hii  honour;    but  he 
Wltiaed  to  take  it,  unkiis  hta  man  mt^bt  hold  a 
Bible  iH'ttire  his  lord^hip't  face :    but  tliat  air 
Timothy  BiiKhvin  (unutjier  Master)  immediate^ 
took  his  answer,  without  Uyiug  the  book  he- 
re him. 

*^  That  it  it  the  opinion  of  the  committee, 
Uiat  a  Mafiter  in  Chancery  refuvin^  to  take  a 
peer's  anjiwer  in  Chancery  upon  his  honour, 
fvithout  (ayins^  m  Bible  betbre  nim,  is  a  tu'each 
of  the  prif  ilegi?  of  peerage  ;  ami  that  yotir  lord- 
ahtpti  ^i1l  be  pleMd  to  make  an  Order,  to  be 
recorded  in  CMncery,  to  pre? ent  auch  iucon- 
venierM:t-s  for  the  future/' 

The  House  agreed  to  this  Report,  and 
mide  the  euauing  Order : 

Upon  report  made  to  this  nouie,  from  the 

ords  mmtntttfea  for  privileges^  that  it  is  the 

pinion  ot  the  said  committee,  that  a  Master  in 

[;|jaiicery  relusing'  to  take    a    peer'a  answer 

'  ere  upon  bis  honour,  witboui  laying  a  Bible 

niiD,  ia  •  bretch  of  the    privik^e  of 

f  e ;   and  alio  that  thia  House  would  be 

|teaj»ed  to  make  an  Order,  to  be  recorded  in  the 

i^ourt  of  Chancervt  to  pruvent  the  likeincon- 

^eui«nce«  tur  ihe  future  :    it  ia  ordereil,  by  the 

trds  spiritual  and  temporal  in  (larliument  a^- 

'  'eel.  That  this  liou»e  ai^recs  with  the  lords 

niitees  ftir  privitct^*!^  to  the  said  Report ; 

I  do  lartlirr  tmUr^  that  this  Order  be  regis- 

iu  the  Court  of  C  ban  eery «  to  prevent 

dniots  of  tlte  hke  nature  for  the  time  to 

air  Wilham  Beversham  waa    ordered 

DdtlMi  Hojae  on  the  next  m<>rnirj(f  to  re* 

» th*  r*'^i"*'l»»*"«;ion  of  the   M^n^'v  ^«)ioiM- 

icud  111(4^  ill  ifas  !»cver(  >nded 

iliel^>!'  ,     .andatWrh  leased 

iJkult,  crMti^d  ih«  partloti  ol  ihe  lluuse  and 

» tarl  nf  Flyrooiitli,  ami  promt«ed  nerer  to 

Rmit  the  like  oAsoot  ibr  the  future,  be  was 

eharged. 

On  the  50tl»  of  June  in  the  same  year,  the 

'ri.ii    *^  rii:ii  ii.i  tLf  Itituretheri^ht 
^   the  C>real8cal 
,  :  ui^)  for  the  lime, 

kc  r«ri%  ilmt  m  ail  ciimmiiuious  thut  are 
I  oiit  of  ibt  Court  t»f  Chancery,  for  tttkint^ 
Itiervofp'  Morda  lor  th<?  Inrure 

h  <*ut«  '  L>«aiicttfi»  UcA  Etum- 


[125* 

if  of  any  wirt 


should  be  done  for ' 

of  learning  in  getKs  haimn^  it  to 

any  particular  science  or  fifccully,  and  without 
any  relation  to  uarty ,  provided  the  persons  were 
worthy :  and  1  desire  leave  to  own  to  your 
lordiibips^  titat  other  wise  I  would  no(  hitve  hid 
any  concern  in  it.  I  did,  my  lords,  recom- 
mend srveral  persons,  whom  1  thought  proj^)er 
objcLis  of  his  lordship's  bounty  ;  anil,  at  hia 
lordship's  request,  eoquirrd  the  characters  of 
otiters,  who  hud  heeti  btdtoi^  recommended  to 
him.  I  have  reason  to  Wlieve  that  several  of 
these  succeeiled  in  his  lordship's  favour,  and 
received  bountifully  from  him.  I  dare  not,  at 
this  distance  of  time,  charge  my  memory  with 
particular  sums,  but  believe  that  the  noble  lord 
assured  me,  he  was  willing,  in  the  w  hole,  lo  lay 
out  this  way  4  or  500/.  a  year.  This»  as  near 
as  1  can  remember,  is  the  sobatance  oi  what  I 
said  before. 

Mr.  Ilobins,  IMy  lords,  I  shall  presume  to 
take  up  very  hule  of  your  lordships*  time,  iu 
(ib^  ,   wh^t  has  passed  ut  this  soleino 

as  ite  two  Houses  of  Parliament. 

'i  \tv  Hi  Virion  of  it  has  been  to  exsmine  into 
the  conduct  Jiud  behaviour  of  a  niernherof  ynujr 
ov^n  .,...,,, ^r  fiotiy^  duriug  the  lime  he  had  lire 
h<»  ve  his  most  sacred  imyesty  in  the 

hi^!,  ^.._  A  Lord  Chancellor. 

And  the  Commons  have  faithfully  disdiarged 
their  part,  by  omitting  no  one  circti instance  or 
in^f^rettteut,  that  could  )K>s8ibly  serve  to  hei|(btea 
and  aggravate  the  crimes  they  have  thought  fit 
to  lay  to  bis  charge. 

But  whether,  after  all,  the  mistakes,  the  in- 
advertencies, the  example  of  others,  and  the 
frailties  even  of  bumnn  nature  itKrlf,areDotlhe 
IV hole,  the  sum  total  of  all  Ihiii  solemn  and 
Dompuu^  trinl,  will  I  behtve  with  many  remain 
for  ever  the  <}uestion. 

It  wouUl  not  perhaps  be  for  the  service  of 
this  noble  Eurl  to  say,  thut  every  step  he  took* 
every  advunce  he  riinde,  for  the  benefit  and  re- 
lief of  the  suitors  of  the  Court  where  he  pre* 
sided,  was  the  best  that  could  possibly  have 
been  invented;  it  will,  we  h«<pe,  be  sutficieitt 
to  say,  that  he  sincerely  thnught  them  the 
betit  ;  and  if  better  have  been  since  found  ouC^ 
ivhicb  have  proveil  more  etiecluul  to  the  fmme 
end,  it  only  pioven  him  not  to  have  been  iufal- 
lible,  which  surely  is  no  erime. 

And  if  the  actions  of  his  privsite  life,  his  Jus* 
lice,  his  pit^ly,  his  charity  i»nd  bis  compa  nmn 
for  otljer^,  mny  be  allowed  lo  cjiu»i  any  htjht  or 
reflection  on  ht^  public  conduct  and  belioviour, 
I  htltfie,  my  lords,  I  m<ty  presume  to  iitUrmi 
that  ihi»st?  who  aie  4i(i|uuinied  wjih  hot  umo* 
cence  in  the  one,  will  never  lie  biou^httothictk 
liifii  I  i-ifiiiii^il  In  ilit^  (iiitvr, 

m|  many  are  the  abuse's* 
tin  .  ^he   evils    vihich  have 

sprung  up  in  our  courts  of  jnntiee,  evtni  to  I  be 
ditparagi  mrul  ami  discre*l<t  of  justice  itself. 
And  (omplainta  ot  tht**  kuirl  tin ve  been  made  in 
tiliuo>«t  all  il^rs^.  though  ut  the  s;iute  lime  ihey 
liare  beeu  justly  placed  to  lUe  ai:coutitof  iotttt 
1 


1 
4 


1255] 


10  GffiORGE  I. 


Trial  of  the  Earl  of  Macclesfield^ 


[1S56 


of  the  lowest  and  most  inferior  ofBcers  and  mi- 
nisters, which  are  necessarily  and  unavoidably 
made  use  of  in  the  dispensation  and  distribution 
of  justice. 

And  if  an  effectual  method  of  cure  could  be 
found  out  for  these :  if  those  who  are  to  give 
the  last  hand  to  the  completion  of  justice  were 
pure,  the  streams  would  then  run  clear  and  un- 
disturbed to  tiie  end. 

But,  till  that  is  done«  till  means  are  applied 
for  the  puri^ing[  and  clearing  these  channels, 
through  which  justice  must  be  conveved,  it  is 
BO  wonder  tliat  the  fountains  themsefves  loolt, 
as  it  were,  muddy  and  polluted  by  reflection. 

But,  my  lords,  how  desirable  soever  these 
ends  may  be,  they  are  only  the  work  of  the  le- 
gislature ;  a  chancellor,  or  a  judtre,  may  sit  by 
luid  lament,  but  they  cannot  help  them. 

They  are  only  to  be  effected  by  that  power 
which  has  a  sort  of  omnipotence ;  and  when 
they  are  effc'uted,  I  believe  none  will  rejoice  and 
congratulate  themselves  more,  than  tlie  many 
learned,  great,  and  upright  men,  which  pre- 
side in  our  several  courts  of  justice. 

In  the  mean  time,  my  lords,  as  the  sentence 
which  is  prayed  against  this  noble  Earl  will  be 
of  little  availto  stop  the  mischief ;  as  it  will  in 
some  sort  be  a  punishment  of  the  innocent,  and 
letting  the  guilty  escape :  we  ai'e  too  well  ac- 
quainted with  your  lordships' just  and  righteous 
proceedings,  to  be  in  any  paiu  for  this  noble 
flarl. 

Let  sellinpr  of  places,  taking  of  presents,  or 
any  other  the  known  and  usual  profits  attend* 
ing  great  preferment,  be  for  ever  abolished  by 
II  plain  and  explicit  law  ;  and  1  believe  I  may 
presume  to  say,  that  no  complaints  of  this  kind 
will  ever  be  maile  mere ;  that  Wostminster- 
hall  wf  11  never  agixin  be  named  in  an  impeach- 
ment, and  that  yuur  lordships  will  have  no 
trouble  of  this  kind  for  the  future. 

Dut  this,  my  lords,  I  am  sure  I  may  ven- 
ture to  say,  and  1  will  say  no  more  ;  that  if  it 
lia(f  been  the  fortune  of  (his  noble  Earl  to  have 
lived  in  such  happv  days,  his  name  would  never 
have  been  transmitted  to  posterity  in  an  im- 
peachment. 

Mr.  Strangr.  My  lords,  we  are  now  come  to 
the  close  of  iTieDcl'ence,  wherein,  to  avoid  con- 
fusion, I  have  hitherto  confined  myself  to  the 
{>articular  part  which  it  was  my  duty  to  open  ; 
your  lonUhips  will  ihertfore  permit  me  to  take 
leave  of  this  august  assembly  with  some  few 
short  observations  both  Uj<on  the  Charge  and 
the  Defence. 

Your  lordships  did  for  four  days  successive- 
ly sit  to  hear  tliit;  noble  Earl  arraigned,  as  the 
most  corrupt,  oppressive,  and  avaricious  person 
upon  e^rtti :  it  was  done  too,  my  lords,  in  a 
manner  from  which  I  should  have  thought  tlie 
relation  he  bears  to  your  lordships  would  have 
been  a  sufficient  protection;  and  without 
which  the  honountble  Managers  might  very 
well  ha\c  discharged  their  duty  to  the  House 
of  CommoDs,  ia  laying  the  G^se  before  your 
lordsliips. 


But,  my  lords,  whatever  reeentmeDt  this 
treatment  of  one  of  your  own  iiody  might  raiie 
in  your  lordships,  I  must  for  my  owd  |iart  con- 
fess, that  1  heard  it  all  with  pleasure ;  as  it 
was  an  open  acknowledgment,  that  all  honctf 
art  and  legal  liberty  were  necessary  in  aggn* 
vating  the  Charge,  and  pooseoaing  your  loc^ 
ships  with  that  opinion  of  the  noble  Earl,  that 
the  gentlemen  of  the  House  of  Commons  de* 
sire  you  would  entertain. 

My  lords,  the  Charge  in  one  general  view, 
consists  of  an  accusation  against  the  nobie  Earl, 
either  for  doing  what  his  predecessors  did  be- 
fore him,  or  for  not  doing  what  it  is  not  pre- 
tended they  ever  did :  a  singular  miafortooe  la 
this  noble  person,  that  the  following  such  greit 
examples,  should  in  every  instance  be  impotcd 
to  him  as  a  crime. 

As  to  the  accepting  presents  for  offices,  my 
lords,  we  have  fully  proved  tt»  your  lonlshr^ 
that  the  same  was  done  by  the  prelecessorsof  the 
noble  £arl  within  the  liar ;  and  we  must  bunyy 
insist,  that  if  the  statute  of  Edward  6,  be  takss 
as  laying  a  restraint  upon  that  practice,  jcl 
having  put  the  case,  and  said  what  sbonld  be 
the  consequence,  your  lordships  cannot  go  cot 
of  that  statute  to  punish  the  noble  Earl. 

My  lords,  it  is  the  misery  (I  may  say  tbt 
slavery)  under  which  other  nations  groan,  tbat 
the  punishment  for  crimes  is  arbitrary  and  ts- 
riable,  and  that  he  who  commits  the  sroalleit 
ofience  may  be  put  to  undergo  the  most  rigor- 
ous punishment:  but  God  be  thanked,  or 
lords,  he  hath  not  dealt  so  with  tliis  natiou,  bai 
that  this  people  hath  knowledge  of  the  laws; 
crimes  here  are  stated,  and  so,  my  lords,  ars 
their  punishments ;  and  give  me  leave,  mj 
lords,  to  say,  that  this  is  one  of  the  main  chaa- 
nels  through  which  our  ancestors  have  deli- 
vered down  to  us  that  liberty,  which  u  the 
glory  of  this,  and  the  envy  of  all  other  oatioas. 

ly 


My  lords,  the  act  under  your  present  i 
deration  puts  the  case  of  accepting  money  for 
an  office,  and  says,  the  consequence  shall  ht 
the  loss  of  nomination :  there  arc  no  words  that 
declare  oflices  were  not  saleable  by  law,  or  that 
they  shall  not  be  saleable  for  the  future,  upoa 
uhich  to  found  a  prosecution  by  indictmeot  or 
impeachment;  though  if  such  words  wcreia 
this  act,  I  should  still  humbly  insist,  that  as 
well  u|>on  an  impeachment,  as  upon  an  indict- 
ment, the  statute,  and  that  only,  must  be  the 
guide  in  ascertaining  the  punishment. 

My  lords,  the  Articles  have  bestowed  numy 
C{'iih'eu  upon  this  action;  such  as  illegaUvi 
corruptly,  extorsively,  &c.  But  your  tori- 
ships  will  not  find  them  in  this  act  of  parlia- 
ment. 

And  as  to  its  being  an  offence  at  oommai 
law,  jgive  me  leave,  my  lords,  only  to  put  jot 
in  mmd  of  three  proviboes  in  this  act,  which 
speak  the  contrary  in  the  strongest  terms.  The 
first  is  the  clause  which  oonfirnu  all  hargaitf 
then  made,  and  which  were  to  take  ^ffiect  H  • 
future  day.  The  next  is  a  declaratMm  fo  ^ 
offices  the  act  shall  not  extend^  i 
are  of  a  pnUic  nalureiM  keeper  ef  ft  1 


Jht  High  Crimes  and  Misdemeanors*         ♦'  A.  !>.  1725.  [1858 

to  ibe  iitmoAt ;  and  his  nuje«ty»  who  was  heal 
able  to  judge  ofthe  ^e&tnefis  of  his  serTicei, 
thought  they  deserved  a  reward  proportioned  to 
the  mast  extiUed  merit,  luid  iberdbre  ndited  bioi 
10  your  lordtbipt*  body. 


miinor,  5fc.     And  the  third  i*  Ifvat  which  tikes 

ifiniicr,  that  by  law  the  jod Ljei  roi^ht  dispone 

»f  ottices»  and  ih<^refoie  lejivcslhcm  to  the  full 

rty  ihey  had  hcl'ore  the  act. 

bd  if  10  this  impeachment  we  stand  clear 

►the»^Hingr*d  officet,  then  no  aclsoromi^^ 

akina  towards  raisinif  the  price  (if  any  such 
lAad  heeti  proved)  will  make  the  Earl  crimtaal, 
^  rbich  is  the  whole  of*  the  Charge, 

My  lordu,  your  lord*hip«  were  told  in  a  rery 
ovinjf  manner,  thai  the  noble  Earl  was  par- 
»d  hUher  hy  the  ntiited  cries  of  widows  and 
rpbans — But  we  have  heard  none :  no  iustancc 
I  lieeii  giicn  of  any  one  preference  in  judg- 
It,  of  one  peony  taken  during  tbe   whole 

-ae   of  bia  admin i*teNo(f  justice  to  these 

|Lin>^dom!i,  or  of  any  one  tolontary  complaint 

t  liiis  hcen  made  against  the  Earl  ;  and  yet, 

iiy  lords,   he  has  been   represented   as  if  his 

Crimes  were  full  Mown,  as  if  he  had   divesteiJ 

imself  of  humuhity«  snd  taken  pleasure  in  the 

nisery  and  ili^tness  f>{  his  fef  low -subjects  :  as 

e,  whobc  only  motive  of  action  was  inordi- 

late  gain  snd  wicked  lucre  ;  and  as  one  over- 

aken  by  the  Uommonsi,  triumphiop  in  the  hiit- 

iry  oi  u«j»uni«he<i  crimes.     Vou  liuve  Ijeen 

ui'd  to<»,  my  lords,   that  in   him   oppression 

Itisurpetl  the  *ent  of  justice  \    and  that  by  him 

[the  beauty  of  pi«iitce  was  deformed,  and  throui^h 

lilts  mentis  justice  stood  afar  off,  and  equity 

[could  not  enter*     How  little  ground,  m)  hirds, 

there  una  for  these  complaints,  may,  1  thinks  be 

biHy  infeirt'd  from  the  d^'fect  of  evidence  m 

liiv  piiriii'ufir 

tMith  Kito  his  public  and  private  hfe,  yotir 
nriUhipi  have  not  had  one  wrtoesii  appear  at 
rour  bar  against  him* 

but*  my  lords,  Ftnce  the  cries  of  widows  and 
rphana  wore  so  mucli  ntentioned  l*y  the  ho- 
nourable Manager*  ;  we^  who  arc  counsel  for 
llie  nohle  liiirl,  thonghi  it  our  duty  to  shew 
boiir  tordiihipR,  that  those  cries  were  uotajBfainst 
bim  as  an  oppresi^dr,  htit  to  him  a^  a  relietrer. 
IimI  how  little  Ar»etcf  this  noble  Eiirl  thought 
■  iiit  of  these  I'.  -  -.  '  '■■!  '_  fit 
■\  yet«i*rf  I  ■  :- 

1(0^*'  .1  rircuillsll-iTlCe,  yiliU*r  V^iutn  n  i>i  i;i'v>iiil 

or  the  left  hand  tu  know  uhnt  the  rij^ht  hand 

olh.     And  the^e  acts  of  charity  and  g^enerosity , 

iich  were  not  treasured  up  for  your  lordahipa' 

,  but  for  a  gireater,  are  however  proper  to 

'  in  this  place,  in  vindication  of  the  noble 

a^tDft  a  charge  of    covetousuess  and 

>rrupii*in. 

And  now,  my  lords,  f^ive  me  leave  to  add, 
lliat  tliough  tl»e  private  manner  in  which  these 
charities  were  performed,  has  made  it  neceasary 
■  UH  to  enter  mto  a  particular  account,  and  an 
r>unt  that  takes  in  Komeofthem  only  ;  yet 

,  iif  lime  w  iJtn  iie 
u  and  saw  (ua« 

f-e.    The  xvuK  uit^fi 

tut  rfiyal  tamity  wus  i.i.....  .ii .  ..,..  ^s 

kit,  tod  hii  inrrit  c«»riaisted  io  advancing  it 


E.  of  Alaecfesji eld.  My  lords,  I  bej^  leavtf 
that  I  may  have  the  liberty  to  lay  before  your 
lordships  some  observaiiotis  on  the  t^feralparU 
of  the  evidence  given  on  both  sidea. 

Your  lordships  will  easily  imagine^  that  ft 
Charge  of  this  nature  must  have  aflected  me 
very  much,  and  the  great  faiitjue  ]  have  uodefw 
l2fone  hath  not  allowed  me  the  liberty  to  consi- 
der every  iiart  so  as  to  mfike  the  proper  reflec* 
tjons  fit  to  Isy  before  your  lordships. 

I  Ijope  your  lordships  will  ^ive  me  a  tittli 
time  to  recidlect  my  thouf^his,  that  J  niay  s|>ealc 
in  such  a  manner  as  i(»  fitting  to  your  lordships. 
1  desire  your  lordships  wtd  gire^me  leure  ta 
make  my  observations  on  i^Ionday  next. 

Then  the  Managers  and  the  Counsel  with- 
drew; aud  the  House  adjourned  to  Monday 
moruiug  next,  the  17th  day  of  May. 


The  Eighth  Day, 

Monday f  Maif  17. 

The  Lords  being  seated  in  their  House,  the 

Serjeant  at  arms  made  proclamatLon  for  sileooe, 

OS  also  another  proclamation,  That  all j^eriiona 

Kince»  after  the  strictest  scru-  j  concerned  were  to  take  notice,  that  Thnmas 

earl  of  Alaccle^fteld  now  stood  upon  his  trial, 
and  they  might  come  forth,  in  order  to  make 
good  the  Charge. 

L.  C.  J.  King,   Mr.  Serjeaol  Probyo,  you 
may  proceed. 

8erj.  FrobtfH.  My  lords,  I  am  hnmbly  to 
ask  your  lordahips*  pardon  for  some  omissiona 
%ve  have  made  in  the  evidence  we  were  instruct- 
ed to  lay  before  your  lordships  in  behalf  of  the 
noble  lord  impeached  the  last  day  we  liad  the 
honour  to  attend  your  lordships  upon  this  occa- 
sion :  we  had  norae  witnesses  to  offer  more  thaa 
were  ejramined  at  that  time^  and  wt?  hope  your 
^lordships*  indulgence  will  continue  to  hear  them 
now ;  they  are  but  very  tew,  but  yet  such  as 
we  apprehend  are  extremely  material  to  the 
noble  lord*s  defence.  The  last  evidence  we 
laid  before  your  lordships  related  to  several  cha- 
rities (riven  by  the  noble  Earl,  in  order  to  shevr 
that  he  was  not  of  that  avaricious  temper  at 
bath  been  represented  in  support  of  this  proae- 
eution  ;  and  that  the  con»ttant  habitual  course 
of  his  hfe  and  actions,  hath  hecn  directly  con- 
trary to  any  disposition  of  thtN  kind;  but  we 
apprehend  it  %vould  stilt  have  greatly  added  to 
the  weight  of  this  evidence,  had  it  at  the  same 
lime  apppeoi    '  '     '  hipi   what  tbe 

fitiids  uere,  .  ;inties  arose  ; 

that  the  real  cm  vr  i>i;H  u  .mi-v  ,,ijlde  lord  hath 
purchased,  does  not  amount  to  more  than 
:i,0<K)/.  a  year,  and  thai  his  personal  fstate 
acarcc  exceeds  2»000/»    When  we  bare  ahewa 


ISMj 


10  GEORGE  L 


Trial  of  tie  Earl  ofMacde^^ 


it  ia4tt  «vi*fy  TOsu*  iordtbipf,  tbai  the 
»oUe  EaH  b*tb  be»'  i&rich  mcri:  rhirifiUp 

ftffrjrd.  llksre  tt  Ai^iiiiirr  liiixi;^  J  be^  teat e  W 
Ulut  iy>uc*  or,  u>  ^i(f i  iAT>^  ao  ob^eciKjio  1  &iu  ap- 
prib^MAvlve  w  e  Mia! J  bear  of  frors  ib*;  otber  fc!4e ; 
and  ibai  in,  tiua  tbcM;  cbarxtica  wen  dm  j^lrexi 
by  th»  D//U«  lord  oot  M'  bu  crtra  pucket,  ia  rc- 
l^ani  tbera  b  a  (am  pf  naoae-y  cailed  box-EDonc}', 
itbtcb  U  laid  out  and  d  tu-iLuud  ia  prirate  cba-  . 
iilii9»  by  the  Chkoctik'tr  every  yev.  Bui  to 
cxpluo  aay  «02;{(«vttMt  of  ibit  luod,  w€  bball 
fbrv  that  tbk  C^^x- EEKAiey,  thoi^b  acdeiaJy  ' 
itMd  to  be  coiuuderable,  vei  ol'boe  jwan  h  bath 
not  aoKMifiU^d  to  more  tban  172/.  a^year:  and 
aa  there  bite  been  aJwayc  particular  objects  of 
charity  reco:nir«ended  t/>  tbi*  bounty,  so  this  ' 
mooey  bath  leeo  applied  by  bk  lordibip  io  the 
ftame  manner  it  i»a*i  usually  applied  by  bis  pre- 


eDiifdy?  NahodycM^cakHctaBcrabi. 
CiCU  at  borne:  ir  iliii  h  urn  jnaabii  ■■  ihiiiili 
know  axiT  OKweof  it  ikaa  shaft  serves  his  p«r- 
p^'Ses.  Therefore,  my  kr^  «e  nbiBit  a, 
wbeuicr  ihcy  shall  he  penised  to  ^  iaio  tLs 
sort  of  eridsaee  ?  or,  whether  loor  JorAihifi 
wiil  cDier  iioo  any  farthtf  exaBtfaatioQ  ? 

Mr.  Lkfv^ri^r  >Iy  kM^,  ve  thiak  it  ii  rf 
great  coctequeoce  to  year  kprdships,  vhea  m 
eridcnee  haib  been  so  full,  mad  « ith  id  ^tot 
jntieoce  heard  to  ereiT  pankular  Arudle; 
«beo  that  evidence  liath'been  saiDaicd  npL  mi 
e&forced  by  oc>iii.set,  aad  every  particiiUr  tf 
the  Article  animadrened  apoo ;  we  think  that 
is  no  precedent  in  any  court  of  J3»tjee,  whcfe 
new  witnesses  ba^e,  in  soeh  a  case,  been  p«- 
mitted  to  be  examined.  Witnesses  here  hive 
been  produced ;  there  biih  been  an  inierrapdoa 
of  two  or  three  days  for  the  noble  krd,  at  kii 


decevsors;  and  that  no  part  of  tbiv  money  ever  !  own  desire,  to  naiake  bis  ohierrations  on  ike 
went  in  any  of  those  seieral  charities,  we  have     etideoce ;  to  offer  iKnr  to  prodnoe 
already  gi leu  your  lordships  an  account  of. 

Herj.  Pengelly,  My  lords,  we  bee  leave  on 
the  liehalf  of  the  Managers,  to  rffier  to  your 
lord«ilii;is'  consideration,  v/noe  reasons  why  they 
ought  not  to  be  permitted,  at  this  time,  to  go 
into  the  evidence  offered,  aherthe  indulgence  of 
many  days,  and  defence  made  on  the  Articles, 
and  the  evidence  summed  up  by  the  counsel  for 
the  lord  impeached  ;  and  a  day  is  only  given  to 
hear  the  lord  himself,  at  his  own  iksire,  to  sum 
up  or  defend  himself  against  the  Charge  against 
bim ;  they  ought  not  now  to  be  allowed  to  enter 
into  a  new  defence,  or  to  give  new  evidence.  It 
is  a  new  method  of  practice,  after  the  conclusion 
of  the  counsel  upon  the  whole  evidence,  to  say 
tliey  have  more  evidence  to  some  of  the  facts. 
My  lonhi,  1  don't  know  any  tiling  of  that  na- 
ture r'\er  allowed,  espci-ially  after  the  examina- 
tion closeil,  and  an  adjournment  for  a  day  or 
two.  Ueyides,  as  to  that  part  of  the  new  evi- 
dence which  the  counsel  have  opened,  relating 
to  the  particular  estate  and  circumstances  of 
this  Earl,  how  can  the  Managers  be  provided 
to  give  an  answer  to  \i?  There  is  nothing 
in  Uie  Article  leading  thereto ;  they  do  not 
charge  him  with  having  a  great  and  large 
estate,  though  that  hath  been  formerly  a  pro 


per    Article  in  an    Impeachinent.     But  it  is^   incumbent  upon  us  to  enquire,  at  this  time  of 


not  made  one  in  this  case;  the  charge  of 
the  CoMimonH  is  confined  U>  particular  sums 
received.  It'  the  Managers  had  gone  into  the 
enquiry   of  any  other  sum,  at  least  without 

Iiaiticuiar  notice  to  him,  I  lielieve  it  would 
lavc  liecn  objected  a^^ainst  by  the  impeach- 
eil  Karl.  Therefore  to  go  into  this  sort  of 
eviiUiice,  i^liere  ther^  is  no  char{>e  by  the 
Commoiiii,  is  putting  the  Commons  to  answer 
what  is  not  in  quehtion,  which  it'  they  do,  must 
lengthen  out  the  trial  unnecesHarily.  If'thecir- 
cumstanci-H  of  his  estate  l>e  material,  there  must 
tiien  1m>  a  farther  lime  given  to  con  radict  their 
proof,  which  |iOKsihly  may  be  done  as  to  his  real 
•state  :  hut  as  to  his  personal  estate,  how  is  it 
possible  for  any  man  to  tfive  an  accimnt  of 
that  f    Jiulli  oot  this  lie  io  bif  own  knowledge 


that  they  had  omittal  to  produce  before,  is  p»- 
fectly  new  and  imusual.  I  suppose  they  m 
these  witnesses  in  their  briefs,  and,  if  they  had 
thought  fit,  they  might  have  called  them.  1 
know  of  DO  iosunoe  of  the  like  in  aoy  court  «f 
justice ;  if  the  gentleinen  of  the  other  skle  wil 
tell  us  the  precedent,  they  may.  I  think  it  ii 
of  dangerous  conseqoecce«  oot  ooly  in  thii 
case,  but  in  all  other  proceedings  in  cwms  d 
justice.  It  your  lordships  think  fit  to  let  thesi 
into  one  or  two  witnesses,  I  do  oot  know  why 
your  lordships,  with  equal  reason,  may  not  kt 
them  go  over  soother  course  of  evideoee. 

My"  lords,  as  to  the  other  matter  about  tfaii 
ooble  lord's  estate,  that  is  not  a  maner  iositfrd 
upon  by  any  evidence  that  we  have  given  ;  and 
I  submit  it,  whether  it  is  propt-r.  or  any  war 
conducive,  in  this  case,  tu  any  thing  that  a 
material  for  your  lordships' judgment  is  thii 
matter,  for  this  reason,  because  if  it  was  sw* 
terial,  it  is  impossible  for  us  to  know  the  truth 
of  it.  U'c  have  no  rij^ht  to  examine  this  aoble 
lord  upon  interrogatories  as  to  h>s  estate,  e»pe- 
cially  as  to  his  personal  estate ;  a  man  may  ia 
these  days  have  the  opportunity  uT  being  worth 
100,000/.  and  people  not  know  whereii  Tics; 
as  to  his  real  estate,  it  might  he  kudwn,  if  it 
was  material ;  but  we  submit  it,  u  heiher  it  ii 


day,  into  the  noble  lord's  estate  ? 

it  is  impoMiihIe,  in  the  nature  of  the  thiflfi 
that  your  lordships  sbouhl  have  that  satislactnrt 
account,  or  that  we  should  have  such  notice  oc 
it  as  is  proper  to  make  any  dtfeuce  of  it  to  of 
material ;  but  we  submit  it,  that  it  is  not  ma- 
terial at  all ;  and  therefore  we  hope  your  liwd- 
ships  will  keep  to  the  rule  kept  in  all  cases  is 
all  other  courts  of  justice,  where  people  have 
made  their  full  defence,  or  else  there  would  bi 
no  end  of  things. 

Mr.  Plummer,  My  lords,  we  did  oot  lay  Ii 
the  charge  of  this  Earl,  that  he  was  pomrswd 
ol  a  great  estate;  we  have  only  Uid  to  hii 
charge  what  he  hath  unjustly  pu^sessed,  «• 
have  only  charged  him  with  matters  of  tadt 
whioh  we  thiok  w«  hafo  nwlo  out; 


!61] 


ft3ir  High  Crimet  and  Mhdemcanors* 


A.  D.  1725. 


[1868 


tv  hope  your  Iord«hipe  will  oUlijje  him  lo  un- 
to tliutf  and  to  itmt  ouly,  aiKluot  lo  go  to 
ili>ttier  tbiiifj;  wp  hAfe  not  charged. 
Scfj>    l*rv /,'/':       Mv  lordfi^    we    apprehend 
',  tlii»t  where  i'Otinset 
,  etice,  even  afier  HUQi- 
^  Uji,  iU^  cunkiani  iadtittfence  of  the  courts 
tow  ieU  them  ^o  into  evidence  to  supply  that 

He  take  it  to  be  our  own  Tautt.     We  had  In 

|ur  instructlotiSf  and  it  b  in  your  lor(Uhii>%^ 

reast,  whf  tht^r  we  shall  not  supply  that  umts- 

Hon  ;  we  shall  not  rim  irUo  a  long  evidence, 

•ur  witne'sses  are  hut  two  or  three. 

Illr,  S'iycr.     My  lortis^  1  ticg  leave  to  think, 
hat  as  wc  point  out  a  particular  fact|  dtMinct 
)rom  any  we  have  examined  to  before,  there 
an  he  uo  apprehension  of  any  danger  at  all  ^ 
Aid  iff  as  the  gentlemen  have  informed  your 
>rd(»hipSp  it  is  what  h  usual  in  courts  below, 
bat  such  omissions  have  been  always  per- 
•oitted  to  be  supplied,  your  lordships  sure  will 
-Act  wfih  equal  equity  in  this  case.     What  we 
I^Butdertatve  to  prove  is  the  circumstance  of  his 
^Histatc ;  and  though  the  g'entlemen  of  the  Flouse 
^^df  Commons  did  not  make  it  a  matter  of  charge 
tn  tlieir  Articles,  yet  in  hi$  Answer  the  noble 
'vart  takes  no  lice  of  it,  and  it  will  shew  that 
tie  Earl  had  not  his  heart  so  intent  npon  gain, 
rher  •*  -^  •"  appear  that  his  fortune  is  so  much 
Mn  !  odd  migtit  have  imagined  it  to 

(f,  a;*..  .. ...-,r  .it  the  Buiae  time  we  shew  his 

r^eoero9itv,  and  that  by  means  thereof  his  estate 
r  was  miu:h  Icasened  and  checked. 

I  wouUI  take  notice  of  ihi?  other  matter,  with 

regard  to  the  evidence  of  the  charity:  it  is  only 

to  explain  and  prevent  a  tnbtake,  lest  it  should 

_lie  itnatfincjl    that  these  aevcral  instancen  of 

"  charity  were  out  of  the  box-money,  or  fund  for 

charity  in  the  Court  of  Chancery*     But,  T  l>e- 

we  need  not  trouble  your  lonS  n 

liii»»  for  that  the  noble  Harl  is  so  *vi  ] 

the  intfj^rity  and  honour  of  ilji    kn?  ncd 

jersof  the  House  of  Commons,  that  he 

lio  atipr^lKnsion  to  have  that  turned 

t  him.    Tlie  principal  matltr  is  reluilni;  to 

Ue, 

la  we  have  in  threat  mcAfiurc  left  it  to  the 

rf  ItirriEcirto    •.ntn  nn  l!kp    <^l'ernl  evidt^^tit'i-^ 

I  Iveu,  the 

«  ed  and  sin 

>  is  not  t-a^nes  ;  we  !»utj- 

LittWlii  •         I  will  not  indn||;>c 

r  far  lui  to  pjoducti  a  witoess  or  two  to  this 

Uom*  SfrJ,     My  lords,  wedon^'t  -s 

Ltliir  of  right,  but  ah  a  mailer  *A  '^ 
\  own  the  rule  that  the  ijentlcmen  oMUt  lljiiij** 
of  Commons  have  laid  ilown  is  n  cr«-neral  rule 
ibr  tho  govern  n      *    '        '        .   W  c  can '  t  con- 
iKivrrt  that ;  i^  lilJ  not  he  ron 

trovcrted  on  t!  *•  -ucU  apiece 

of  indulijcfite  1  J,  and  we 

bope  your  luru  :..,  .   „,..  ^  ..j  it  upon  thit 

0eca«ion. 

E.  of  Marc.     My  lordi,  1  don't  »ppri«hrnd 
llisl  tkia  ia  a  lliin|f  so  very  extraordioury,  or  to 


dan^^erons,  as  hath  been  represented.  It  woo  Id 
he  extfetnely  aevere,  if,  in  a  cause  of  so  jrreat 
length,  and  ho  much  fatigue,  1  should  nave 
^I'iloeMies  ready  to  give  ) our  lordships  an  ac* 
count  of  some  facts  matei  iid  for  my  defence  ; 
and  my  counsel  happening;  not  to  call  them, 
although  they  were  attending^  and  tlitre should 
be  a  certain  fbrm  that  ^huutd  e^Kclude  me  fiom 
liafing  the  henetit  of  ibeir  evidtuce;  I  don't 
know  what  this  is  founded  upon,  I  never  heard 
nf  such  a  form  or  rule. 

There  is  no  instance  that  where  counsel 
hath  been  summing  up  the  eviileuce,  and,  be* 
fore  ibc  other  side  have  replied »  an  omission 
hiith  been  discovered,  that  that  omis<iiou  hath 
not  been  allowed  to  be  supplied.     And, 

1  appeal  to  my  lords  the  fudges,  Whether 
they  have  ever  known  this  piece  of  indulgence 
denied  uptm  any  trial  tvhatsoever  in  theConrta 
hclow.  My  lords,  with  great  submission,  the 
evidence  is  not  yet  finished  ;  1  am  sorry  1  mutt 
yet  give  your  lordships  the  trouble  of  observ- 
ing a  good  many  things  that  have  been  hitherto 
omitted :  thii^  is  a  matter  the  counsel  had  di* 
rcctions  about,  the  witnesses  were  attending, 
but  they  were  omitted  to  be  calleil  for  ;  i  hojie 
your  lordships  will  not.  for  such  a  mislnke,  ex* 
elude  ni  '  *  \\i  ol  their  testimony  :  had  it 
been  cal  i  evidence  to  any  matter  that 

hath  betrii  i  ^auxmed  to  before,  there  might  |i08- 
aibly  be  some  grounds  for  an  objection  of  this 
kind  ;  but  1  mean  only  to  call  one  or  two  wit- 
nesses to  fre^h  matter,  that  hath  tiot  been  ea- 
qiiired  into  before.  There  hath  yet  been  ni» 
witnesses  examined  as  to  the  box- money,  or 
my  real  or  personal  estate  ;  and  yet  those  two 
thtngs  arc  material,  and  it  noay  greatly  turn  to 
toy  prejudice  if  I  have  not  the  hberty  of 
duciog  this  evidence  in  relation  to  them. 

It  hath  been  represented  that  I  have  an  es- 
tate vastly  more  considerable  than  in  truth  I 
have;  atvd  this  matter  of  the  box-money,  as  1 
have  been  inforioed,  gate  birth  to  a  report 
abroad,  as  if  what  I  gave  for  chanty  was  out  of 
iliut  fund. 

As  to  this  latter,  I  dare  trust  the  candour  of 
these  gentlemen,  that  they  do  not  believe  it; 
and  if  they  do  nr>t  insist  that  what  1  gave  waq 
rtnt  of  the  iJox- money,  it  will  be  necdlc<u  n»r  in*' 
■  that  it  was  not.  But  as  to  i 
,1  Uo\r'  f  nhutt  not  l»e  prt^elo 
htti'iMg  tlio'  tmineil,  h« 

was  before  "  lore  I  bun 

your  lurdship^i'  directions  thereupon,  wlKiUtr  1 
shall  l»c  at  hberty  to  lay  their  evidence  before 
yonrlordiihipHor  not, 

Mr.  Onslow,  i  wonld  lierj  leave  to  fet  your 
lordships  rlr*  :    *     ' 

The  noble  l'» 

had  been  Hv  .  uhl   tmi^ui^t  r>.  ■  lumunt^ 

hath  been  n  of  it,  either  by  theevi> 

dcneef^-^'"'  :i*r*, 

E»i>i  No,  I  beg  leave  to  ex- 
plain iu\  .  .  *  '  -'\v  the  Managers  had 
inf>iard  upon  it,  t  Jd  it  \a  n  matter  that 
I  hnve  heard  wi^  *,  but  I  believe  1 
nwy  rely  npon  llieir  candour  that  they  will  wit 


pro- 


n 


1263] 


10  GEORGE  I. 


Triat  of  the  Earl  of  Macdesfdd^ 


[ISU 


make  it  an  objection  dow,  in  case  they  op- 
pose my  giving  evidence  to  the  contrary. 
Mr.  iMtwyche,    My  lords,  I  aoi  a  little  sur* 

Erised,  why  the  noble  lord  mentions  this  of  the 
ox- money,  when  not  one  single  word  hath 
been  said  of  it,  either  by  the  evidence  or  by  the 
Managers :  why  then  should  this  noble  lord 
bimself  mention  it  P  And  why  should  he  call 
•videnoe  to  a  thing  that  hath  no  manoer  of  re- 
lation to  any  thing  that  hath  been  said  ?  If  his 
lordship  wili  please  to  give  us  leave  to  reply ; 
if  we  then  say  any  thing  of  it,  he  may  then 
^ive  an  answer  to  it ;  but  it  is  improper  now 
to  be  giving  an  answer  to  an  objection  that  was 
never  made,  and  to  which  the  evidence  hath  not 
■aid  one  wonl. 

Lord  Steward,  If  the  noble  lord  thinks  this  a 
point  to  be  insisted  on,  it  is  then  necessary  for 
all  to  withdraw. 

Ordered  to  witlidraw,  which  was  done ;  and 
being  afterwards  called  in  again, 

L.  C.  J.  King,  Mr.  Serjeant  Probyn,  it  is 
the  opinion  of  their  lordships,  that  the  evidence 
effered  by  the  earl  of  Macclesfield,  with  respect 
to  the  farther  account  of  his  charity,  be  not  now 
admitted;  and  they  are  likewise  further  of 
opinion,  that  the  earl  of  Macclesfield  be  not 
now  permitted  to  give  evidence  of  the  value  of 
bis  estate,  eitlier  real  or  personal. 

£.  of  Maccletjield,  My  lords,  vour  lordships 
were  pleased  to  indulge  me  to  this  day  to  lay 
before  your  lordships  what  I  bad  to  say  in  my 
defence  against  the  Char^  brought  against  me 
by  the  Commons,  and  against  the  proot  supjM)rt- 
ing  that  Charge,  which  your  lordships  with  so 
much  patience  heard.  From  the  time  your  lord- 
ships were  pleased  to  allow  me  this  liberty  till 
now,  I  have  applied  myself  with  the  utmost  dili- 
gence to  prepare  myself  for  my  defence. 

To  this  end  it  hatli  been  necessary  to  look 
over  the  notes  taken  of  the  evideuce  given  on 
both  sides,  and  likewise  of  what  was  said  by 
those  gentlemen  who  are  Managers  for  the 
House  uf  Commons.  1  find  it  very  necessary 
to  lay  before  your  lordships  many  observa- 
tions on  the  evidence,  which  depend  upon  an 
exact  comparing  of  them  together.  It  being  a 
matter  that  hath  taken  up  so  much  time,  and 
there  being  such  a  distance  between  the  evi- 
dence given  on  the  one  side  and  the  other,  I 
bave  t^en  employed  wholly  from  the  last 
time  till  now  in  the  consideration  of  it ;  and  I 
can  say,  with  truth,  I  have  not  slept  five  hours 
these  two  nights,  and  yet  I  have  not  been  able 
to  get  through  it,  and  1  am  not  now  prepared 
to  lay  before  your  lordships  what  1  have  hum- 
bly to  offer  tor  my  defence ;  there  are  many 
things  exceeding  material  to  be  submitted,  and 
I  beg,  therefore,  that  your  lordships  will  in- 
dulge me  a  farther  time,  so  that  1  may  be  able 
to  00  it  in  such  a  manner,  as  may  set  the  evi- 
dence and  observations  upon  it  in  such  a  li^lit 
as  vour  lordships  may  pass  a  proper  judgment. 
1  don't  do  this  out  of  delay  ;  I  believe  your 
lordships  will  easily  imagine  I  should  be  glad 
to  bave  this  matter  over,  whatsoever  the  event 


mav  be^  for  I  am  quite  spent,  and  my  itrengtii 
and  spirits  wasted  witli  the  Atigue  1  have  al- 
ready undergone.  My  lords,  1  bave  been  si 
far  from  any  delay  in  the  course  of  this  prose* 
cution,  that  when  1  put  in  my  Answer,  as  yov 
lonlshii>s  were  informed  by  one  of  the  gastle- 
men  of  my  counsel,  though  it  was  not  fiuislid 
till  between  three  and  four  o'clock  in  the  mora 
ing*  yet  I  chose  to  get  it  ingrossed,  and  put  ii 
the  same  day,  rather  than  there  should  be  ik 
least  appearance  of  any  delay  on  my  part ;  loi 
I  do  not  know  whether  by  endeavouring  so  vciy 
much  to  dispatch  this  work,  I  have  not  rea- 
dered  myself  unfit  and  unable  to  go  on  wkb  it : 
human  nature  can  hardly  bear  what  I  bare 
gone  through. 

At  my  years,  if  I  should  undertake  to  do  il 
by  to-morrow,  I  am  afraid  I  should  sink  nodcr 
the  weightof  sucha  task,  and  not  l»e  abletucasM 
before  your  lordships  pre|»ared  as  I  ouchl  to  be; 
therefore  I  hope  your  lordships  will  be  plesnd 
to  allow  me  till  the  day  after ;  the  fatigue  I 
have  already  undergone  has  been  very  gm^ 
and  I  hope  your  lu^ships  will  allow  me  sKk 
a  time  as  you  will  think  competent ;  the  woik 
I  have  to  do  will  take  up  a  great  many  boon; 
there  hath  been  variety  of  evidence,  1  bofi 
your  lordships  will  indulge  me  till  Wednesday; 
It  is  of  very  gre&t  moment  to  me,  and  I  si 
sore  1  should  be  unwilling  to  mis-apend  yssi 
lordships'  time,  and  delay  this  matter  unneoo* 
sarily :  it  really  gives  me  the  greatest  noesa- 
ness  to  find  myself  in  that  condition,  that  less- 
not  think  of  being  able  to  do  it  sooner;  I  w« 
before  afraid  that  I  should  not  be  able  to  doit 
by  this  day,  but  yet*resolved  to  do  all  tbatw« 
possible  for  me,  and  therefore  declined  askisf 
then  for  any  longer  time. 

I  hope  your  lordships  vnW  indulge  me ;  if 
your  lordships  knew  the  fatigue  I  have  onder- 
gone,  and  the  efl*ect  it  hath  had  upon  nf 
health,  I  am  sure  in  humanity  you  wouM 
make  no  difficulty  of  granting  me  iartber  liat 
to  prepare  myself  in  a  proper  nianuer,  io  a  citt 
that  is  of  so  great  moment  to  roe  ^  and  1  hope 
the  gentlemen  of  the  House  of  Commons  wil 
not  be  against  it;  if  they  should  overpress  diis 
matter,  l  don't  know  but  the  fatigue  of  it  roty 
bear  so  hard  upon  my  life,  as  to  save  your  Iota- 
ships  the  trouble  of  |»assing  any  judgment  upoa 
this  occasion. 

Serj.  Pengelly,  My  lords,  we  don't  appre- 
heud  the  lord  properly  applies  to  us  in  this 
instance. 

All  parties  were  directed  to  withdraw,  which 
being  done,  the  House  adjourned  till  Wednes- 
day morning  ten  o'clock,  the  19th  of  Miv, 
1725. 


The  Ninth  Day. 

Wednesday^  May  19. 

The  Lords  being  seated  in  their  House,  iht 
Serjeant  at  arms  made  the  two  usual  Piads* 
matlons  as  on  the  former  daya. 


^  high  Crimei  and  MkdtmtmGn* 
Kmg.    m,  S«ij,  Proliytit  H  jou 


ef  Mmetk^lti.   My  lonh,  I  am  iiral  to 

my  moit*  bumble  thanlrt  to  jroitr  lunf* 

for  the   lime  you  lute  hern  pIcftMd  to 

riih,  for    the  recollecting   my 

il9»  ltl4  loukiti|^  over  the  evtJrnce  tliat 

o€«feil  on  either  hiiUn    ihiriot;  thif 

course    of  fhj«    te<iioua   (»riw!eedinjr ;    I  hat    I 

»ii^hl  br  nblc  to  put  those  4)b«enratiDnB  I  bnve 

mdr  Hfioti  il  in  iuch  a  IrGfbi,  as  became  one 

bo  WM9  to  Rpeak  in  a  i:^m  of  so  f  reat  import* 

knee  at  your  lord^hipft*  bar. 

Jlly  lord*,  I  have  been  under  vome  fniafbr* 
lea  in  lht»»  |in»»eetJlmii ;  your  I         in       inu«(, 
liotibtf  huve  obaervrd  tlieilis  i»i«  I 

ive  nict  with,  in  qae«Uuna  1   A^keti   oi  aoim; 
wbo  apfieariHl  ai  wiineiaes  hi   Ibe 
iraeoflhift  trtal,  which  it  waa  impossible  I 
M  bave  hail  sktty  tn^iitcemenl  to  propoae,  but 
tmy  own  knovrled(re  of  I  be  ana  w  era  that 
Id    bave  b*m    rriunird,      ^ly    counsel, 
rutttfb  the  K'tt'at  hurry   ibat  usnatly  atteodn 
[jifi'iUiitffi  iif  lhi$  nature^  happeueil  noi  to  he 
ructrd  in  »onie  part ieu Ism,  thnt  were  ex • 
ijy  proper  to  b^ite  been   laid  bef<«re  your 
"ps  upon  thia  oet^T<iion  i  l^eaides  that  the 
riet^   o4  I  he  facta  continued  to  b^  gif9U  in 
iileoce  from  one  day  to  another,  bat  in  thia 
iCitUr  caae  been  carrie«l  oo  to  tucb  an  un* 
k^)||tbf  tbat  tbey  hare  not  been  able  in 
end  to  make  tliemielTefl  lo  perfect  Maatera 
r  the  e? idtactf,  aa  ibe  inportftnce  of  the  eaae 
liiired. 

■bouUl  trouble  your  Inrffsbtps  «rith  an  apo- 
jy  ^<Jr  my   t^v^n  inability  to  ailpply  this  at 
recent,  bf>th  fr^nn  the  exlremo  fati)pj«  I  have 
iderffoue  during  the   whole  ooofse  of  this 
utioD,  and  liOGMife  that  my  laat  iUneaa 
broke  mv  momoiy  to  a  great  degree.    Hut 
"-ver  diificiilliei   I   hare  luboured  under, 
I  oonaldor  3riHir  tonivhlpvi  an*  my  jO'tgea, 
•aonoldotthl  hot  your  candour  and  goodoeii 
"'  hmf€  a  dne  rci^ard  to  them,  and  make  a1- 
for  lb«  want  of  order  or  accuracy  in 
tug  I  bar 0  to  lay  before  ynn  ;  and  (here* 
rather  tfian  ask  any  more  tinne  of  your 
ibipa  tor  prepurin|2'  myietf,   I   will  endcm* 
ir  to  (fo  on  n    *  •  ■  ^"'  '■  -^  ' 
My  lorth,  th* 

hfary,  as.  !,..;.  .  .  ... 

fcrated    by  the  gerw 
i!  Mawnjyrra  by  the  1[ 
a  wbiLh  1  think  19  cbarged  as  tbe  foun* 
of  llie  wbole^  bi. 
My  eifiertaiiitog  wicked  ami  corrupt  pur^^ 
to  rat*»  and  procure  to  my»elf  exct;*«Kire 
ruftrhiiBut  (f  »in  and  profit. 
Tbfft  it  is  liiAt   hntli  mide  me  extorvirely 

illec^lly  tiike  m> 
Hastera,  ant  I  d»ii|H> 
'  lite  britu^  iret  u|Hit3 
i**ii*m'  pi  area,  with  * 
o^p  H  up,  i»  ft"-" 

I  of  ft 
aoaiii  to  me ii*  l.  ,.,^i,, 
fue  itisi  porpoM. 


umtnie  li 
(lid  highly 
'  are  ap^ 
>n}Tiioti*. 


idmittance 

JO- 

2  from 

II  nee 


Tbia  la  siieb  eorroption  of  heart,  and  earw 
riea  with  tt  aoob  a  malignityf  ttial  it  makes 
erery  adbtl  ind  rrery  omi^iiton  rriminaU 
e^ery  rash  word,  erery  neglect  or  imprudeuofii 
nay,  things  perfectly  iniH*ceiil  in  iheit  own 
natiin!,  or  perhapa  rommendabit*,  are  so  m- 
fectrd  by  it,  ns  to  desone  tbe  aevereat  censure 
ami  puni«bnient. 

Whether  I  wait  to  ex^iectation  of  the  appli- 
cation of  tbe  suitois,  with  respect  to  Dormer's 
deficiency*  or  of  tuyself  eiidea%fmr  to  get  tl 
made  good,  or  even  ^^9y  my  own  m«ini*%  to* 
wards  it,  it  ia  all  ooe,  io  wicked  a  heart  cor- 
niptt  atL 

And  the  t iolatioo  of  my  oatb  aa  Lord  Chan- 
eellur,  and  of  tbe  great  truat  in  me  rfpo»^, 
contrary  to  the  duty  ot  my  office,  la  made  the 
aggravatum  of  almost  erery  Article, 

1  sbalt  endearour  to  shew  your  lorfl«bit>a» 
tbat  tbe  several  ibinge»  charged  upon  me  are 
either  not  true,  or  not  criminal ;  or  if  your 
IrirdfrbJpR  sihall  judure  olherivisc  of  ibem  than 
1  do,  yet  tbat  tbey  were  tb^  effectn,  not  of 
wicked neas,  but  of  mistake ;  arid  it  I  hate  ef  ir 
dona  any  thin cr  for  ilie  service  of  m^  country^ 
of  the  constitution^  of  bis  tniije»ty.  and  of  the 
royal  fiimily«  and  tbe  |ircseol  eilablttdiment, 
aiTd  for  tbe  ad mintst ration  ««f  public  juatice,  it 
might  not  be  nnsuilsbla  to  the  unparalleled 
goodness  of  lias  reign,  tor  your  lordabipa  to 
have  com|iaa9ton  upon  tbe  errors,  mtstnkes^  and 
weakneaaea  of  tbe  faithtul,  steady  ^ervant  of  a 
prince,  wboae  mercy  has  been  \u  otien  ex* 
tendetl,  in  90  greut  a  degree,  to  il^  bi^beal 
Crimea  of  biit  bitter  enetmes. 

Before  I  enter  oy  n  f«»«^  ftarticulMr  defenee, 
1  beg  leere  to  tal  I  huioclhfug  ibH 

Haa  ooefi  said  with  r  \Ue  Answer  « hich 

I  have  put  in  to  thcae  driiclea  ai  Impeach* 
ment,  aa  containing  a  |d<*a  of  a  |inrdiin  at  tbe 
aametime  tbat  j  inmistupon  my  iniioc*  net*;  and 
jta  not  being  a  full  Answer  to  alt  tbi*  particular 
charges  in  tbe  Articles.  As  to  tbe  first,  mjr 
Insiattng  on  bis  majesty  *a  moft  gracious,  ge> 
neral,  and  free  pardon  for  all  ibioga  before  tfni 
«nbof  July,  1721, 

Mj  lords,  I  hope,  and  am  myself  of  ofii of os^ 
tliat  I  ba?€  not  done  any  tbiiig  thai  is  crtiomal^ 
orneedaapardon; 

But  when  ao  msof  fciill«il»en  of  U*aming 
and  great  parts,  undertake  to  make  out.  that 
that  is  a  crime  wbkh  I  thought  and  still  tbifilc 
not  so ;  should  I  opiniale  to  tbat  degrc^r,  and 
bt  so  confident  tbat  your  UmKbip^i  uiIMm*  of 
my  oninion,  as  to  refuse  tbe  brnctit  oKa  pnrdoo, 
wdicb  bifl  majesty  bai  ao  graciously  grsoted 
to  all  bis  subjecta  r 

Wbet)  little  imprudences,  and  ao  many 
omiailona,  and  eren  idle  words,  loose  talk^  and 
nnguarfled  expremionic,  arr  bid  to  my  cUarge 
as  crime",  and  mudr*  the  sid»j<*ct  mailer  of 
an  im|^eacbmciit,  and  «i«»mc  of  tbfm  chi*nred 
fvitboal  meouon  of  «n)/  lime,  or  the  njim-  of 
the  eaUKC  in  which  it  i^  — .^..,.^.^*  .1..-.  -^ 
fipoke,  or  any  othtr  cir-  <  t 

miglit  be  enabled,  eiilu:  ...,,:.  ..  ^i-c* 
or  III  make  efitfiBry  of  ««lMra|  m  ordor  to  pre* 


1 


I 


1267J 


10  GEORGE  I. 


Trial  of  the  Earl  nf  MacdeMfidd^ 


tlSGB 


pare  for  my  defence,  it  had  been  foHv  in  me 
not  to  have  taken  advantage  of  the  pardon. 

And  as  lor  the  reflexion  intended,  to  ezpoae 
the  absurdity  of  pleading  innocence  and  a 
pardon  to  the  aame  ofTence;  what  is  more 
consistent  than  to  say,  I  ought  not  to  be 
punished,  because  the  fact  charged  w  no 
offence,  or  if  it  be  one  it  is  panloned  P  But  had 
the  gentleman  who  made  it,  been  pleased  to 
have  read  the  last  Act  of  Grace  carefully 
throD$;h,  he  would  have  found  that  it  expressly 
profides,  that  the  pardon  shall  support  thie 
plea  of  innocence,  and  upon  Not  Guilty  pleaded, 
the  act  may  be  gi?en  in  evidence  to  prove  the 
person  not  guilty.  And,  in  the  notion  of  our 
law,  it  wipes  away  whatever  guilt  there  was, 
and  leaves  the  person  innocent,  that  is,  aa  a 
Tery  great  lawyer  and  a  very  wise  man  ex- 
presses it,  it  takes  away  uot  only  panam  but 
remactumj  thte  guilt  as  well  as  the  punishment. 

As  to  the  reflexion  made  upon  my  Answer  in 
another  respect,  as  if  it  were  not  full  and 
direct,  and  that  in  Chancery,  the  Court  where  1 
had  presided,  it  would  be  held  an  insufiicient 
answer :  nrolwbly  it  might  be  so ;  but  that  is, 
because  tnat  a  plaintiff  there  has  a  right  to  re- 
quire a  discovery  of  all  such  facts  as  are  ma- 
terial fur  his  advantage,  upon  the  oath  of  the 
defendant  And  therefore  the  answer  is  not 
only  the  part)f's  own  defence,  but  it  is  to 
supply  the  plaintiff  with  evidence,  who  there- 
fore may  except  to  it  as  insuflicient,  so  far  as 
it  is  short  of  answering  to,  and  giving  an  ac- 
count of  all,  of  evei^y  minute  circumstance  that 
be  charges. 

Btit  do  they  imagine  that  to  be  the  case  in  a 
criminal  prosecution?  Or  that  the  defendant 
there  is  obliged  to  furnish  evidence,  or  to  con- 
fess any  thing  that  may  tend  to  affect  or  charge 
himself  ?  No,  my  lords ;  the  answer  there  is 
only  for  the  deience  of  the  person  accused : 
and  Not  Guilty  is  a  full  answer. 

And,  my  lords,  I  insist  upon  it,  I  have  given 
a  full  answer  to  all  the  Articles  at  the  end  of 
my  Answer,  where  I  have  pleaded  the  general 
issue,  and  in  express  words  said.  That  **  I  am 
not  guilty  of  all  or  any  the  matters  contained 
in  the  Articles,  or  any  of  them,  in  manner  and 
form  as  tlicy  are  therein  charged  a^raiust  me ;" 
which  is  of  itself  a  direct  and  full  answer, 
without  more. 

And  though  1  have  set  forth  other  facts,  il 
is  only  wheire  J  have  thought  some  things 
might*  be  farther  explained.  But  there  is  no 
neetl  to  make  any  proof  of  a  word  iu  my  An- 
swer, if  the  charge  in  the  Articles  is  not  sup- 
ported by  the  evidence  given  af^ainBt  me. 

And  I  still  hope  your  lordships  will  be  of: 
opinion,  that  though  some  of  the  matters  men-  ! 
tioned  in  the  Articles  are  proved,  and  indeed  ; 
some  are  expressly  admitted  by  me,  and  others  ] 
never  disputed ;  yet  that  none  of  them  is  ad- | 
luitted  01'  proved  in  such  manner  as  it  is 
cbarireil  in  the  Articles. 

Having  said  thus  much,  I  proceed  to  con- 
•ider  what  has  been  offered  in  proof  against  me. 

My  lords,  the  preamble  of  the  ArticWf  is 


1 


intended  for  an  aggravation  of  my  crunfs,  fay 
sbewinir  what  oath  I  had  taken,  which  I  hai 
violated;  and  what  favours  I  had  received  fiw 
his  majesty,  and  was  not  satisfied  with  thrrn. 

As  to  the  last,  give  me  leave  to  say,  tbs( 
can  never  express  the  sense  of  ray  heart  k 
his  majesty's  favours  and  bounties,  and  that  i 
ought  to  be  a  high  aggravation,  if  I  bM 
abused  them. 

I  pretend  to  no  merit,  but  that  of  a  heart  Ml 
of  duty  and  seal  fur  his  service ;  but  his  ttji 
grace  and  goodness  has  exceeded,  not  mj 
my  poor  services,  but  even  my  desires  aai 
wishes. 

Anil  whatever  becomes  of  me,  in  wbatera 
state  of  life  I  am,  my  gratitude  and  duty  ihill 
never  abate. 

As  to  the  violation  of  my  oatb,  no  such  cnM 
is  made  out  against  me. 

The  oath  of  ofiice  taken  by  ilie  ChanctllK 
when  he  enters  upon  that  office,  bas  no  rdawi 
to  what  is  laid  to  my  charge :  1  have  m  i 
forth  verbatim  in  my  Anawer,  and  no  aigi- 
ment  has  been  attempted  to  be  drawn  from  iL 

But  it  was  said  the  other  da5',  that  I  bad 
taken  an  oath  upon  the  sutute  of  the  I'idi  if 
Richard  2,  which  I  had  forgot,  both  in  aj 
Answer  and  in  my  conduct. 

As  to  my  .4nswer,  I  bey  leave  to 

that  the  Answer  is  suited  to  tlie  Clurge.  I 
not  charged  in  the  Articles  to  have  overtakes 
any  oath  upon  that  statute,  nor  is  the  onb 
supposed  to  be  taken  on  the  Srd  of  NoveoiWf 
at  all  mentioned. 

The  words  of  Aie  preamble,  which  is  tbi 
only  part  of  the  ArUdes  thai  mentiooi  u] 
takmg  any  oath,  are  these : 

**  And  whereas  Thomas  earl  of  Mafdo- 
field,  iu  or  about  the  month  of  Mav,  ia  ^ 
year  of  our  Lord  1718,  by  thegrace  and  fiiroff 
of  his  most  excellent  majesty,  was  connitatrf 
and  appointed  Lord  Chancellor  of  Great  Brioiiv 
and  did  thereupon  take  the  usual  oath  fir  ^ 
due  execution  of  that  high  office,  whereby  bi 
did  swear  well  and  truly  to  serve  our  soverciit 
lord  the  king  and  his  people,  poor  and  m 
tLiiet  tlie  laws  and  usages  of  the  realm,  u^ 
such  other  oaths  as  have  been  accustosK^i 
and  the  said  £arl  continued  in  this  great  4^ 
fice,"  &c. 

Where  the  other  oaths  accustomed,  at  sti 
as  that  particularly  described,  are  confiaei  » 
what  I  did  thereupon  take,  that  is,  upoo  oif 
being  made  Chancellor  in  May  1718  ;  9l\nA 
to  my  poor  uoderstauding  it  appeared  so.  N^^ 
did  J  at  all  imagine,  that  ilreterred  to  whatafl 
done  the  third  of  November  af\er,  which  «ni 
but  the  sanVe  as  had  been  done  the  3d  of  N^ 
vember  before. 

And  accorilingly  my  Answer  is  confined  ■  j 
the  same  time  that  1  was  sworn  Lf»rd  Cb«» 
cellor  before  his  majesty  in  council,  the  14th  if 
May  1718,  when  i  took  the  oath  of  ndicf  tf 
forth  in  the  Answer  ;  and  at  tliessme  timeHik 
the  oath  of  allegiance  mmI  aupfemacy.  ^ 
there  is  no  pretence  thai  I  look  any  mA  ^p* 
the  statutoof  RMuurd  Ji»  el  UMlliafc 


I 


I26§] 


J\iT  High  Crimis  Mtid  Misdetnennors, 


A.D.  1725, 


[1^70 


The  wardH  *>f  the  Answer  ^ire, 
**  Thfti  ID  Ihtt  hf^iuiim^  of  M&y*  in  the  ynr 
1118,  bd  the  sahJ  Earl  was^  b^'  \n%  tDA}i^My*s 

fmi  gnot  amt  ikirour,  apfiointeti  Lonl  Cbvn* 
Inr  of  Gr^Mt  Briiaiii^  ati<i  vf  At  s^urn  bethre 
tniije«ity  in  council  the  lAiU  dav  of  that 
modtU  ;  when  <hf*  foUfiwin^  oalb,  Wing  the 
usual  fioih  of  ly»n1  Chftncrllor,  was  admitiis^ 
trred  to  hirrif  viz.  Voti  Ah«U  swear,  <^c*  Aufi 
Ihe  caid  Eikfl,  at  the  samo  time,  tmik  the  oatli 
of  aUe^iance  ami  supremaey,  but  no  oath  uf 
officii  betiittt^  that  abovo  fit  t  forth," 

My  Answer  therefore  plainly  relates  to  wliat 
wat  charged,  and  tny  taking  no  notice  of  any 
oath  ujion  th)»  i^iiUutei  out^ht  not  to  be  imputcHl 
to  for^etfulntiss,  but  to  its  not  being;  chnrtifed. 
It  is  not  charged,  and  therefore  not  answered 
10. 

But  it  it  now  insialed  tipoo^  and  great  «1re9« 
Mitl  upon  it,  that  at  the  iiaining  of  sherifl*^, 
^Biirh  is  done  in  the  £xche«|uer  upon  the  5ril 
^■November  every  year,  I  look  an  oath  upon 
^Best^ttite  of  12  Hi'cbard  3,  which  extemU  lo 
SVe  dispocal  of  the  oiHoe  of  Masteri  in  Cbao- 

To  jud;fe  of  the  truth  of  ihii  new  Char^^e, 
yoor  lortUttipH  wili  l»e  plesHi'd  to  consider  wliat 
it  is  that  ia  yearly  di>ne  tlie  did  of  Novennber, 
upon  thai  occasion  of  nam »n|^  of  sheriffs. 

The  Maoagera  were  not  pleased  to  open 
what  passex every  year  upon  the  notninutioii  of 
ftberiifs,  which  h»d  been  proper  before  they 
called  the  witneii^  to  pnne  it;  if  they  had,  it 
tnififht  have  saved  me  the  trouble  of  asking  any 
t^urstioni* 

But  the  examination,  and  the  testimony  of  a 

^tneat  tbat  spoke  indistioctly  and  tow^  tended, 

\  1  lboi]|fbt,to  ha%e  the  statute  entered  in  the 

1  book  of  the  Exchequer  in  obMilete  French, 

id  so  ill  read  a«  hariUy  to  he  udderstood^  to 

I  for  the  i\iru\  f»f  an  oath  then  adminislered 

on  the  >tatut«  which  had  been  jubt  before 

1  tn  Eiig^hsh  to  your  lordships  at  the  table  ; 

I  io  it  uught  be  taken  to  be  an  oath  eon- 

ived  in  the  words  of  the  statute,  extetidingto 

oomintitions  of  officers,  and  to  all  times, 

]  not  conlined  to  that  CMJcasioo. 

I J  did  therefore  isk  same  questions,  ttot  to 

ibhlt  away  an  o«tb»  it  one  of  the  Managers 

i pteaaeil  to  expreia  it^  but  to  have  the  mat- 

laid  before  your  lordships  in  its  true  hght, 

fed  wh    *  out  to  lie  thus: 

Thi  '  t'  nrivy -council  and  the  jiidgea, 

being  assriijuicd  for  nnming  sheriffs  for  the 

^Uowiug  year,  at  the  time  and  pbee  appointed 

for  that  piirpoae,  the  act  of  purliament  of  Vi 

Hichard  2,  is  read,  direfling  several  persons  u> 

^^worn   rnruv'rnuig  their  naming  of  shcrifni, 

^^^fcl  <  r  omcers  a^iecifi^  in  the  act, 

H^Vivi  r  i)  word«  extending  |ti  more; 

*  lliefl  an  otiicer  gjves  a  Bihla  to  e*cry  cvne  of  the 

4vycounKetl'ir»i  and  judges  present,  who  all. 

^e  at  Wr  another,  U\hh  it;  but  nothing  ts  said 

i  ihem  by  the  officer  or  any  one  else,  nor  are 

llY  VI '  r  .'fi  by  them. 

ilk'-  JHfeu  much  donbiud  how  this 

1  be  cmutd  Bwaariugr  •r  taking  &■  oatk. 


But  tliat  h  not  at  all  what  I 

There  being  §oioeihing  saciv  cere-, 

roony,  1  at^ree  the  action  should  be  oonsid* 
as  a  ^demn  underiuking  in  nature  of  an  oa 
to  observe  that  sialnte  in  the  business  we  were 
then  entertrijif  upon  ;  and  so  it  is  an  engage- 
ment to  proceeil  then  to  name  ^heriflTs  accord* 
in^  iM  the  direction  in  tbat  statute. 

And  iiccordmfc{ly  this  t«  repeated  every  year 
upon  tlie  like  occa&ion,  though  the  persons  are 
the  same,  and  iiui>  been  so  by  me  for  sevea 
years  together,  bi'lbre  1  was  Chancellor,  and 
tor  as  many  since,    i 

But  to  extend  this  fiirttier  than  that  occa- 
sion, is,  I  humbly  insist  upon  it,  going  beyond 
what  the  action  then  done  imports. 

The  Hlaiiite  pjnirdy  relates  to  nominations  or 
elections,  where  numbers  of  persons  are  called 
together  to  niime  otiicers  ;  the  ver^  readiui;  the 
statute  shews  it,  snd  when  I  come  to  speiik  of 
the  construction  of  tbat  act  of  parliament,  it 
will  be  yet  more  plain, 

And  w  hen  it  provides,  **  That  the  chancel^ 
k»r,  treiiMurer,  kee|^r  of  the  privy -seal,  stewaid 
of  the  kiiit»-s  house,  chumberlam  of  the  king, 
clerk  of  the  roU»i^  justices  ol  the  one  beitch  and 
of  the  01  her,  banms  of  the  exchequer,  and  all 
others,  who  shall  be  called  to  ordain,  name,  or 
make  justices  of  the  peace,  sheriffs,  escheators, 
ctistomers,  comptrollers,  or  any  oilier  officer  or 
minister  of  the  kuig,  shall  l>e  firmly  sworn, 
^c/*  1  take  it  to  mean  that  they  shall  be  SHom 
t^ben  they  are  so  called  together,  and  met. 
Aud  the  practice  is  accordini^ly. 

There  are  yome  old  stiitutev  that  say,  that  the 
Chancellor  with  the  council  shall  appuiot  jus- 
tices of  the  peace,  the  treasurer  with  some 
others  shall  nume  cusiyniers,  ^c.  But  the 
u&u^e  at  this  time  is,  (nnd  it  has  been  so  for 
some  hundreils  of  years)  that  the  iiaming  ef 
jnaticesof  the  peace,  is  iu  fact  in  the  Chttnctllor 
only;  of  customers  and  compirolLert,  in  the 
treasurer;  and  many  ufthe  pep^ous  named  in 
the  statute  meddle  not  wrth  naming;  any  of  the 
officers  comprL««d  within  cither  ol  the  |)articii* 
lar  or  general  words*  ^ 

If  therefure,  my  lords  the  bishops  were  d< 
sired  to  draw  up  a  form  of  an  oath  to  be  taken 
upon  thia  statute  by  all  the  persons  attending 
on  the  3rd  of  November  for  the  naming  of  sbe- 
riffs,  I  presume  they  would  contine  the  oath 
to  the  i^rticuhir  occ  tsiiin. 

I  submit  to  their  eoii*^ideratioo,  whether  they 
would  driw  it  up  so,  that  every  one  present 
should  swear  that  he  would  observe  thia 
statute,  or  not  g4i  coi^tniry  to  this  siatnte,  in 
the  nomination  of  ofHcers  whieh  he  has  not 
any  right  or  power  to  name,  n^r  is  ever  called 
lo  name:  whether  thiy  would  frame  bucli  an 
uHlh,  whereby  the  judtres  ahoold  %y^etkr  that 
(hey  would  not  nwiue  justice*  of  the  pvuce,  es* 
clieators,  customer*,  or  ei>niptrutler!^,  tor  gift 
ftr  brocage,  favour  or  atfection,  when  they  can- 
nut  name  them  at  all,  either  by  piiivision  of 
Uw  or  by  \isage  'f 

I  apprehend  tbit  would  ht  to  improptr^  if 
DOl  ft  Taio  oath. 


t 


1271] 


10  6BORGB  L 


Trial  efihe  Earl  e/MaedeffiaU, 


An«l  a  ooiMtructiTe  takin^^  of  an  oatb*  which 
is  all  that  can  be  insisted  upon  here,  ought  do! 
to  be  carried  farther  than  would  be  proper  to 
ex\tmm  iu  words  at  lengfth. 

And  therefore,  aa  all  the  persons  asaiating 
there  certainly  take  the  same  oath,  and  many  of 
Ibetn  have  nothing  to  do  witli  the  choice,  or 
numini;  of  any  of  the  other  officers  in  the  act 
besiden  sheriife ;  and  as  this  action  yearly  re- 
peated on  this  particular  occasion,  shews  it  to 
he  intended  to  relate  only  to  sheriffs  ;  1  hare 
always  thousrht  that  it  went  no  farther  than  to 
oblige  me;  that  in  the  affair,  which  we  were 
then  entering  upon,  I  should  act  according  to 
thai  statute. 

And  I  am  persuaded,  that,  in  this  case,  1 
have  the  universal  concurrence  of  the  judg- 
ments of  others.  For  1  do  not  believe  that 
f  rer  any  person  that  assisted  on  that  occasion, 
ba<)  the  least  apprehension  of  his  then  taking 
an  oath,  which  related  to  any  thing  but  that 
particular  occasion. 

But  if  they  all  did  take  an  oath  so  extensive 
U  to  reach  to  the  disposal  of  all  other  employ- 
ments, (which  is  the  sense  wherein  1  believe 
the  Managers  would  hawe  the  words  of  the  act 
to  be  unden»tood,)  God  knows  in  what  guilt 
mao^  of  them  have  involved  themselves. 

It  is  a  part  of  the  a  atute,  and  part  of  that  to 
which  the  persons  called  to  name  officers  are 
directed  to  be  sworn,  *'  That  none  who  aues  by 
bimself,  or  by  any  other,  in  private  or  openly, 
to  be  in  any  manner  of  office,  shall  be  put  into 
the  mme  office,  or  any  other." 

Will  these  gentlemen  urge  that  every  lord 
treasurer,  lord  commissioner  of  the  treasury,  or 
other  lords  in  great  emnloyments,  that  ^ve 
places,  or  name  persons  for  idaces  to  the  kmg, 
and  have  once  attended  at  the  naming  of  she- 
riffii,  have  been  guilty  of  a  violation  of  this  oath, 
in  every  instance,  where  they  have  named  any 
Berson  to  any  office,  who,  by  himself,  or  his 
nriend8,ever  ask  for  the  place  given,  or  any  other  ? 

I  cannot  imagine  that  thev  will  attempt  to 
carry  it  so  far.  But  if  th^y  do,  I  will  yet  pre- 
fume,  that  your  lordships  will  not,  by  such  a 
Dew  construction,  condemn  so  many  |>ersons 
that  are  innocent,  or  thongbt  themselves  so. 

Hence  1  think  myself  not  to  have  taken  any 
oath  upon  the  statute  of  13  Rich.  2,  which  any 
way  extends  to  Masters  in  Chancery ;  and  I 
bope  your  lordships  will  think  so  too. 

What  is  the  particular  meaning  of  this  act, 
and  what  arguments  may  be  drawn  from  the 
provision  therein,  I  shall  not  trouble  your  lord- 
ships with  at  present,  but  shall  reserve  the  con- 
sideration of  it  for  another  place :  but  as  to  the 
charge  of  violating  an  oath  founded  unon  it,  let 
the  observations  I  have  made,  from  the  frame 
of  the  act  and  the  nature  of  the  action,  at  pre- 
sent suffice. 

The  subject  matter  of  the  first  Articles,  as 
they  stand  in  order,  and  which  I  believe  has 
given  rise  to  this  prosecution,  is  the  taking 
money  for  the  places  of  Mastera  in  Chancery ; 
long  practiaed  without  Uame^  though  made  my 
great  crimt. 


[HTf 

What  baa  beeo  urged  from  tho  ilunqflbe 
office,  the  oath  which  tho  Masten  like,  and 
the  commiasioDS  granted  to  them,  lagoUMr 
with  the  Master  of  the  Rolk  and  tho  nidges  H 
hear  causes  in  the  abseoeo  of  tho  CbaBceUsr, 
will  not  have  any  weight  in  the  ^oestkm,  whi- 
ther it  be  crimiiud  to  tako  money  oo  admittif 
them. 

1  be^  leave  to  sst,  that  the  oflieo  aueienliy 
was  quite  different  from  what  it  is  now,  so  tkl 
it  is  in  a  manner  foigot  what  it  oricinaUy  wm 
One  branch  of  theh-  office  ancienOy,  sod  tbM 
reckoned  of  importatice,  was  the  firaming  wri^ 
which  are  now  made  out  by  tho  corsitors ;  ssi 
that  which  is  their  greatest  bnsiooss  iiow,thcN 
appear  no  footsteps  of  being  douo  by  them,  ir 
any  others  anciently. 

Their  business  now  is  chiefly  preparatory  » 
the  determmation  of  the  Court  of  Cbaneo^, 
upon  references  made  to  them  by  the  Court,  ■ 
order  to  thdr  statine  things  to  the  satiirtactko  rf 
the  parties;  or  reducing  the  diapote  to  ssstt 
few  heads,  in  which  they  difler,  for  the  cMcr 
determination  of  the  Court. 

And  that  which  they  are  moat  genofally  em- 
ployed in  thus,  is  matter  of  accumpts. 

Very  frequently  the  parties,  alter  having  hil 
the  items  examined  and  proved,  agree  befat 
the  Master  to  the  whole  accompt,  and  alsMH 
always  the  greatest  part  of  it.  And  if  the  parba 
are  dissatiNUed,  they  are  at  lil>erty,  by  obfectioBi 
in  writing,  which  are  called  exceptions,  to  sum 
to  the  Court  the  distinct  items  which  they  ikh 
pote,  by  which  means  the  Court  is  eased  of  tks 
consideration  of  all  the  rest  of  the  itema  of  tks 
accompt.  And  the  Master  makes  no  judidal 
determination  ;  but  when  he  makes  hb  repsrt, 
has  only  done  the  drudgery  of  an  accomptaii^ 
compared  vouchers,  heard  objections,  convincel 
the  parties  as  far  as  he  could,  and  then  stalel 
the  whole  accompt  so  as  he  thinks  is  ri^; 
which  at  last  has  its  force,  not  from  him,  hat 
from  the  Court,  which  confirma  it  if  doI 
disputed,  or  examines  the  disputed  poiati  7 
desired. 

Upon  references  to  them  whether  answers  sra 
sufficient,  they  are  to  compare  the  words  sf 
the  answer  with  the  words  of  the  hill,  and  stsis 
whether  they  find  them  full :  and  if  the  psr- 
ties  do  not  acquiesce  in  the  Master's  opinioa, 
the  Court  takes  the  trouble  to  make  the  ( 


parison. 

They  are  likewise  cashiers,  not  of  the  CosBt 
but  of  the  suitors,  and  always  at  their  prayer. 

And  the  parties  have  this  advantage  in  bar* 
ing  the  Masters  for  their  cashiers,  that  ibtf 
have  a  ready  method  to  compel  payment  If 
order  of  the  Court,  and  a  commitment  of  tw 
person  or  sequestration,  f  that  is  seising  all  tbsk 
estates  and  effects,)  or  both,  upcm  such  order, 
in  a  short  and  cheap  way ;  whereas  agaiBt 
other  cashiers  they  must  be  put  to  the  cMfs 
and  delay  of  a  tedious  suit,  if  the  money  be  Ml 
paid. 

And  other  officers,  whose  plaoss  are  allswil 
to  be  sold,  do  the  mme  things,  make  reports  I* 
state  ftds  on  refeniiom,  an  cadtei  if  M 


1«73] 


f^  High  Cnmn  mti  Misibmnmori.  A«  D,  172^.  [1274 


r  bfoygiit  in,  nod  Xmx  oimA%  whicli  U  tira- 
ikw  wiii^  tbe  Masters  do. 

As  to  lUe  oftf  li  ^  it  if*  liie  old  o«th,  Mm  tlw 
AlBot  wftji  SCI  ((realty  chitii^ei) ;  what  MAvir^  to 
lie  giveo  to  the  kiwjf  il  fi?t'er«  to,  h  iM  !><•  h»ni» 
1  bmietef  t^xfUplatn,  m^d  ho»n(*l  heeii  i^itetnpt- 
•d;  but  if  the  i¥riu  rn^airing  tbetr  atiendftAoe 
liere  were  looked  into,  poisi^jbly  it  may  be 
tbouebt,  that  aacicbily  ihvy  alleiiMl  y«4)r 
KMrdtfni|j«  in  a  mnaner  dirtereiii  from  «Hiat  they 
Bttw  do,  and  ba^e  done  from  before  tUe  timff  of 
our  mtfiiory. 

And  as  to  tbe  ofNamisiioii  to  H«ar  catnea  in 
tfesi>iM9  of  th^  Cb«iioel4orvtliat  iMkoo  no  more 
variation  in  the  oat  tire  of  tbeif  office,  tlian  It 
toh  in  the  office  of  clerk  of  im%\xe,  {t^s\ftmm\y 
illawed  in  tbe  statute  of  fidvrir)  6,  to  b«  dis- 
tbr  money)  tbat  the  cltTk  vf  aHiiite  is 
iiilly  Jomcij  itiiU  the  jtiilgeii  in  ttie  eom- 
I  of  Oyci'  auil  T«frmiu«^r  and  gvot  deli* 
br  llie  tmd  of  criminate,  efvo  lor  capital 


To  }iroe«ed  therefore  to  the  ^tnts  of  tbe 
Charjfe. 

It  is  fooiMled  aMi^lVi,  upon  th«  takiof^  money 
f        *  '      ""      i    .  iiiiu  the  office ;  and 

I  '  vtoHiif fly,  without 

rtiereuLc  vi  iujy  mmi  o*  «|Ttahfic«tioii  ID  Ibr 
ftfly  admitted ;  and  therefore  eaiMMit  he  main- 
laineit,  unlcwi  tlti*  lakin^  of  mooey  be  in  all 
such  eojcs  rriminal,  or  that  the  manner  of 
takini^  or   exturtmg  it  in  these  ceaes    make 

^  it  so. 

Therefore  I  will  Arft  Pjiemk  to  tbe  i^eral 

seetion,  whether  taking;  money  Ujioii  Oregon 

putting  in  a  Muster,  is  in  nil  cnnci  critoindl 

ilNetf,  or  by  thectHiimon  la%v,  or  mnde  «o  by 

piy  «tHtot«  ivhicb  dubjecta  il  to  any  jnd<,^meDl 

puni!^iiiDeDt«  \«hich  can  be  prgyeil  in  ibid 

)«eruiioii;    as  I  hate  cV[irested  in  my  Aq- 

►it. 

At%*i  that  which  I  humhty  inaist  upon  as  to 

tir«t,  that  is,  wh^iber  it  can  be  Mtid  to  be 

^ckrd  or  criminal  in  itsi  li,  or  from  the  reason 

;.i,..-..  .1  .f^p  Ibtng',  19  this: 

Aw  '  b«»eonMdtTtd  in  two  reMpects: 

it   to  the  duly  ;    that  \h,  the 

ncern  o!'  the  pobhr,  thi«t  the  person  be  duly 

kalifi<il  lu  <li!«:hDrj^e  his  otHce  v«ell.     HevoiMr 

M  to  the  profit  and  adrantag^e; 

1 1  'ty  private,  and   coucerng  tbe 

ccr    only,      And  wbtUi   hi*  divchitrtifeii  hit 

tty  well,  without  extortion,  or  other  mishe- 

Iviour,  the    public  ta  Iftile  €onci:*rnH  in   it, 

ether  the  profit  b*?  more  or  le«d«.     A^  in  thone 

which  fire  very  oti  i  ml  or  i;real 

Burnce,  that  may  be  <  >  drpuiy  ; 

bd  tbe  deputy  fiebavf  nun^fit  wt-ll,  the 

f  bee  liefer  concertied  ilvH I   what  hiii  sa 

illowauoe  from  hia  principal  ia,  wbe 

[be  nfrester  or  Ins. 

I  ih**  lU'tsoM  i«r»i*i  m  put  into  a  Tery  be 
offi  n*  of  ihi'^e,   for  his 

I  |»fit    I  ,^  ni    tMF\^\  to  llir    niTirf^ 

enottothopr 
■b  thai  prefera  htm  i^  . 
1 1  th«mrt  wbcii  be  puts  imn  into  it,  h«  iti 


effect  uratOa  him  all  the  profits  of  tlie  #i}oe  $0€ 
his  life  I  nod  if  the  ofiicer  make  Uitn  a  nt^^aentfer 
il,  either  OBMtpected^  by  way  of  thankn  after  tie 
is  put  in,  Of  ejtpecled,  which  be  had  i«dd  him 
of  befbfet  or  ||pve  it  at  the  timet  **r  brl«*re 
the!  be  is  ftdmiited  ;  I  iee  not  any  immorality 
eilber  in  the  jg^it er  or  taker,  h  i»  iniuiey  |^v«ii 
fur  profits  to  be  received  durmg  hfe. 

The  public  is  cooeerned  only  in  the  gifod- 
oess  of  thffi  olficcr,  not  how  ttdvaotn^e«iu«  to 
bitti  the  ^rant  of  tbe  otftoe  is,  nor  in  the  in* 
ducemeiit  which  he  that  appointed  bun  hi»d  to 
put  hill  I  in  ;  whether  li  tend<)hip,  acipiaiatiince, 
nflation,  im|iortuniiy,  great  ntoomuirndatioti, 
or  a  present. 

1  agree  tbiit  a  person  taking  a  present^  and 
putting  in  an  unlit  peniott,  when  bt<  knew  him 
to  be  so,  or  bad  juM  ground  to  belli  ve  hirn  «o, 
is  criiniiml  .  Not  because  he  has  taken  a  pre* 
sent,  but  because  he  hns  prejurlteed  tbe  imhlie 
ki«owingly  :  It  may  bt  an  u<>griivation  thai  he 
had  taken  moo'*^  ;  hut  the  crime  is,  the  wrotig 
done  to  ihe  public  io  the  pernio u  advuneed.  II 
had  been  the  tuime  crime,  bait  he  done  it  for 
the  sakt>  of  kiudred^or  frieitiUhip,  or  for  recom« 
mecMiatiito,  or  any  oilier  reason. 

But  if  a  |»et'i>oo  ^t^ry  weli  qualifted  be  placed 
iu  an  olfice,  and  the  [lubiic  Iiak  nil  the  advan- 
tage from  him  that  ii  can  have  from  an  offioer 
in  that  |>oh|,  and  ho  I,  who  plaeetl  liiin,  baf^ 
well  discharged  my  duiy  to  the  public;  is  it 
mateiial  hosv  \^el)  I  loved  him,  how  nearly  he 
is  relateif,  whoil  wanibat  |ier»uaded  ine  to  pre- 
fer him,  or  what  lie  gate  me  oo  that  account, 
whether  liefore  or  afer  he  wa«  piii  in  ?  Will 
any  ot  ttifiie  elrcuroMiuoces  tnuke  me  crtmiital 
tu  an  action  by  which  I  servetl  the  pubhc  w^U  T 
f  f  tlie  publie  have  all  the  henetit  it  C4n  have, 
where  is  the  immorality  P  where  is  tUe  cnme, 
if  I  have  an  advaota^  too  ;  e«peeiatty  if  ittiige 
has  in  some  sort  a^^i  '   i  ndvatiliageto  my 

otfier,  which  is  lak*  s? 

1  know  it  may  be  injn.  u^l  with  great  ap. 
pearancrof  rensoo^  Ibtit  this  practice  ia  dan- 
gcTOiis,  it  leiidK  to  incoovenieuce^^,  ii  is  a  temo- 
iMtion  to  him  that  dispose*  of  places  to  make 
Ul  flBcers,  and  a  temptation  c  i  ihp  otricer:^  to 
extort  money  and  alm^  the  sulrftiet^,  m  order 
to  get  up  their  money  again* 

But  is  it  therefore  a  crime,  wIicpp  !h<^  temp- 
fa  lioii  is  resittf'd,  and  a  ve«y  g^trnl  i^ffiter 
IS  put  iOf  snd  he  behaies  hknseN*  perlectlj 
well? 

The  point  of  the  Chsrc*^  oow  under  eonai- 
derstion  roits ninthly  oo  thi^,  Tbiit  I  took  mooeT 
f^r  tttlmuiiog  Mr,  Frsneii*  E'de  (fn  ioA(aiir^); 
and  ihuu^li  takintf  money  t!»a  duogeriins  praiv 
tfce,  and  may  W  »  tent|it»<ion  to  lei  io  an  ill 
man,  in  it  thenfiite  a  eritrte  to  [tut  m  Frsncis 
EldCi  who  ««  not  alleged  to  lie  an  ill  man,  or 
any  way  unfit,  and  is  really  an  exctltetvt 
J!^lu%ier  ? 

Tins  argument  conrluden,  only  that  ;ilbwinc 
it  io  he  genemlly  practised  iv  incotivi  nictil,  and 
may  m  the  iletiherationii  of  Ihe  lciri*i(atiire  bt 
properly  used  to  prove  it  6t  to  lie  re»triiiifei1  lijr 
a  hiw  I   Hut  is  not  of  for^,  in  a  court  of  ju»r 


1276] 


10  GEORGE  L 


Trial  of  the  Earl  ofMacde^eU, 


[l?78 


tice,  to  prore  it  to  be  a  ciyue  in  every  instsDce, 
because  it  may  oocasion  a  crime  in  eome. 

Farther,  as  to  tbe  matter  of  temptatioii  to 
put  in  one  unfit : 

The  liberty  of  preferring  relations  to  offices 
is  a  temptation  to  put  in  persons  unfit ;  and, 
without  doubt,  has  often  prevailed.  Supposing^ 
therefore  it  might  be  proper  matter  of  delibera- 
tion in  the  legislature,  bow  far  a  restraint 
should  be  put  upon  it ;  yet,  in  tbe  mean  time, 
is  advancing  a  relation  to  an  office,  which  he 
is  fit  for,  a  crime,  because,  in  otlier  instances, 
it  has  occastoned  a  crime,  or  may  do  so,  or  is  a 
temptation  to  it  P  And  would  it  be  a  sufficient 
charge  of  a  high  crime  against  me,  to  say  that 
I  illegally  and  corruptly  put  into  such  an  office 
A.  B.  my  son  or  my  brother?  I  apprehend  not. 

Till  a  restraint  is  laid,  the  thing  may  be  iuno- 
tently  done. 

If  a  restraint  be  laid,  tbe  law  will  operate 
Upon  it  so  far  as  the  restraint  extends ;  but  far- 
ther than  that,  and  the  consequences  declared  to 
ensue  thereupon,  it  will  remain  as  before. 

Considering  this  therefore  in  itself,  and  upon 
tbe  reason  of  the  thing,  where  is  the  force  of 
the  argument  ?  Yon  took  5,000/.  tor  putting  in 
Mr.  £lde  or  Mr.  Thurston,  a  very  fit  person, 
and  an  excellent  Master,  and  thererore  you  are 
criminal,  because  somebody  else  at  another 
time  may  put  in  another  Master  not  fit,  upon 
his  giving  a  present. 

If  this  then  be  not  criminal  in  itself,  how  do 
they  prove  it  to  be  so  by  the  common  law  P 

The  only  case  they  have  instanced  as  any 
authority  for  that  purpose,  is  that  of  Stockwitn 
and  North  in  Moor's  Reports. 

But  here  give  me  leave  to  say,  that  it  was 
proper  and  just  for  the  learned  Managers  to 
produce,  in  making  out  their  Charge,  all  their 
arguments  on  this  head  of  the  illegality  of 
this  practice,  that  there  might  lie  a  proper  op- 
portunity of  weighing  them,  and  giring  them 
a  satisfactory  answer  (if  it  could  be  done)  at 
this  time  of  jay  defence,  and  1  presume  they 
have  done  so.  But  if  they  should  think  fit  to 
reserve  any  fresh  argument  for  their  reply, 
which  we  snail  apprehend  may  want  an  answer, 
your  lordships  will,  in  that  case,  give  me  leave 
to  insist  upon  a  right  of  taking  proper  notice 
of  it  aflerwards,  and  not  let  them  reap  any  be- 
nefit by  lying  by,  in  such  an  unprecedented 
manner,  and  expecting  your  lordships' judg- 
ment, without  bearing  the  other  side  upon  it. 

The  only  case,  I  say,  which  they  have  in- 
stanced in,  is  the  case  of  Stockwith  and  North 
in  Moor'.i  Ile|>orts,  781.  I  have  looked  upon 
the  case  as  it  is  in  that  book,  and  it  appears  to 
be  thus : 

<•  North  was  fined  in  the  Star-chamber,  for 
that  he,  being  sheriff  of  Nottingham  iu  the 
4Sd  year  of  queen  Elizabeth,  took  money  for 
the  gaolership  and  bailiwick  for  that  year;  he 
gave  them  first  to  his  servants,  who  sold  them, 
but  he  himself  received  the  money.  And  this 
was  adjudged  to  be  letting  to  farm  of  bis  coun- 
ty, contrary  to  the  statute  of  4  Hen.  4,  cap. 
t.    YettbaraaottthattlMStaUitaitMlfgtfcsa 


penalty  oertain  and  pecnniarr*  and  is  matum 
prohUntum^  non  in  te.  Bat  the  Court  took  it 
that  in  aa  mnch  as  corruption  followt  upon  tbe 
oovetonsness  of  officers,  and  they  are  fbroel 
thereto  by  tbe  prices  which  thev  give  for  thiop 
which  ought  not  to  be  sold  ;  that  this  puttiif 
to  farm  and  selling  of  offices,  is  wuJwm  wx, 
and  finable." 

It  appears  here,  that  this  was  a  prosecabM 
upon  the  statute  of  4  Hen.  4,  for  tbe  poiat  ad- 
judged was,  that  this  was  contrary  to  that  Si* 
tute,  and  therefore  whether  what  was  dmy 
was  against  the  common  law,  vr  malum  u  it, 
or  not,  was  not  at  all  in  judgineiit  before  ifai 
Court 

And  tbe  mention  of  that  is  introdoocd  n 
spoke  to  remove  a  doubt,  how  North  caBMH 
be  fined,  when  aparticalar  panalty  is  (as  it  li 
there  said)  ^ven  by  the  act  of  parhamcnt. 

But  that  IS  a  gross  mistake  in  the  reporMr; 
(he  act  of  parliament  is  very  short,  I  aentH 
may  be  read. 

ft  was  read  as  follcms : 

"  Stat  4  Hen.  4,  cap.  5.  Every  aheriff  skill 
abide  in  proper  person  in  hia  bailiwick  for  titt 
time  that  he  shall  be  such  oflioer,  and  tbttte 
shall  not  let  the  bailiwick  to  farm  to  any  bm 
for  the  time  be  occupieth  such  office ;  awd  tktf 
the  said  sheriff  be  sworn  from  tine  to  time  H 
do  the  same  in  especial,  amongst  other  artids 
comprized  in  the  oath  of  sheriff." 

Your  lordships  observe,  that  there  is  in  tUi 
act  only  a  prohibitory  clause  against  tbe  iii- 
posal  of  such  bailiwick,  but  no  pecuniary* 
other  particular  penalty  of  any  kind  iaflidcd 
b^  that  statute :  so  that  it  could  not  be  a  qufli- 
tion  whether  a  fine  was  proper,  as  that  repoitff 
supposes. 

The  exactness  of  tbe  report,  therefore,  if  irt 
to  be  relied  upon,  and  what  other  mistakes  auj 
be  in  it,  I  know  not.  Indeed  it  is  a  posthoonai 
work,  uncorrect  notes  uken  for  his  owi  ve, 
and  not  intended  to  be  published. 

But  however,  taking  it  fur  troth,  that  mm 
of  the  judges  did  speak  to  the  effect  in  thstte- 
port :  it  is  a  common  observation,  that  triMi 
judges  are  proceeding  in  the  case  of  a  plain  tai 
express  law,  words  used  by  them  that  teadti 
discountenance  and  farther  expose  the  dial 
then  censured,  are  of  no  great  authority. 

The  very  same  thing  is  done  in  kiid  cUtf 
justice  Coke's  ISth  Report,  with  respect  » 
turning  arable  land  into  pasture ;  against  whicb 
there  was  then  an  act  of  parliament  in  brisf ; 
and  farther  to  discountenance  it,  it  is  there  iw 
to  be  malum  in  te. 

And  in  many  places,  usury  is  said  to  It 
malum  in  m,  and  with  greater  oolour  ;  and  Jif 
I  believe  a  prosecution  for  it  would  scares  ki 
thought  maintainable,  farther  than  the  act  d 
pariiament  will  justify  it. 

But  as  to  this  particular  matter  of  a  shtftf 
letting  this  bailiwick  to  farm,  before  it  wassnt- 
cially  restrained  by  acts  of  parliament  for  v 
purpose,  there  are  many  Ibotatens  of  ili  Ml 
an  ancient  and  aUovtd ^-^^ 


Ji]ir  High  Crimes  mnd  Misdemeamoiiti* 


A.  a  IT15- 


rms 


I  Tlie  tut  0e  AlUQCtli,  Rml.  Sheriffii  5,  eon- 

ntog  ifteml  ihdvisious  ntt     •    ' ;    ;  T     '  i 

I  *«llj*i»»UUite -hail  rxt 

fhich  wen?  theriOii  iitiU  olticr    hmhi'^m  rs,    ui^ii, 

tri  to  JeuMe  their  bAiliwickit^  ■«  to  shcriffH  and 

Otbt^r  mmUiers  which  hold   their  (jAiJiwicks 

|r  Where  the  sheriffs  hi>1iliDG:  *h«Jf  Wiliwickt 
iH^mselrn,  or  letting  th^m  to  lease,  wtiich  is 
^^Ettitii^  tliexn  iu  iMux^  is  ■iiuketi  ut  as  tierfeotly 

Kjitrriynt. 

^^t  ^^^'^  **  ^^^  €ipf«Mion  f  ti|>po9e4i  to  be  used  in 
lI<M»r,  [iretrndfd  to  tie  butlt  oj»  any  precedent, 
,auiUcitity  or  (act,  but  if  barely  tii«  re&!toniii|^  of 
^^^Khoeier  be  wns  that  used  it,  tr«)m  the  temjita* 
^^Krn  to  v^Uich  ofliters  that  pay  mortey  are  eX' 
^kaed ;    and  how  just  it  i«,  I  submit  upon  what 
1  bate  Uid  befure  your  ionJships  on  (hat  sub- 
ject.   Though  the  Ilani[(er  Irotti  that  temptation 
is  much  ^^reater  in  tlie  ease  o(  baihfTa  and  the* 
dlTv,  thut  have  only  igaorant  people  to  deal 
>ftb  in  remote  [»arta  tn  the  oouotry,  where  it 
difficult  and  chari^eiible  to  obtain  redress, 
lltiD  in  the  ease  of  A 1  asters  in  Chancerf ,  tliat 
t  uiKler  the  *iow  almovt  of  a  court  of  ju^ce, 
I  wti«re  persons  wroui^ed  have  an  eosyoppor- 
^aity  cfcry  day  to  obtHiii  redrehn. 
•  8o  that  this  biose  expression  nientioDed  by 
toor,  (roupleil  too  with  a  grow  mistake)  not 
M     '        "  taof  judgtnenti  is  of  very  little 

ic  case  to  which  it  is  applieil  to 
',  iigiiTiiHi  uitf  (.ummou  lawp  and  of  less  to  profc 
t  prevent  case  to  tie  «o. 

What  then  is  farther  offered  ?  Do  they  shew, 
thill  by  ttiif  comiiiou  cuitoni  of  Ku;^)^||([^  which 

riv   lln-    r<j)iiiiii)ii    ijivv  r.t     T"t,j^|j||jJ    i\\^ 

rii  time  to 

nttialf 

^o ;    It  is  admitted  on  tho  one  hnnd,  that 

r  it  ootoneinitt^iuceof  lis  having  been  pub^ 

abed  or  coudeinued  m  criiuuial,  al  the  oofii> 

I  la%v  : 

And  r»ti  the  other  band,  it  is  notorious,  that 

ftM!i  the  irreati'iit  tifTicei*  have  uocictitly  been 

'  '  t  (hat  not  in  a  clan- 

'  the  price,  and  what 

I  jMiti  nir,  wAvy-  x^f'w  L'nterfd  upon  reoordt 

i4natanoe«  have  vofne  of  litem  been  men* 


lite  hard,  the  sc 
\%\i  Siejdieo,  tv » 
bighi  %\v  with   F> 
kin|(,  wbicli    i 


i  <vf  Ahirrd,  in  the  5th  of 

tit  tuv  15  marks,  that  he 

H  for  the  pleas  of 

I '  taset  waa  ilien  jutt- 


,  And  Waller  de  Grey,  in  the  7th  of  kine* 
»lin,  uave  »he  kinc  6^000  marks  to  have  the 
llli's(Jbso('er^  hir  hiM  life,  and  the  bishop  of 
k*rwich  f  n^ai^rs  lr»r  I  he  pHytui^ut. 
J  ha«e  the  fHi|n»'H  of  h^iiii  ihi*  records  here  in 
j%  haod,  if  thni   '  '     ifthrni. 

f  Norarei»urlit  uU     Jn  HolUn- 

ad,        '  ri\  I,  (wh*i  M4<* 

rihr  n  the  twokiui^H 

-  ^' al 

in  inly 

F«IU,-^,    _...^i   ,1...    --,'.'..   -.--  ..   ^.. u, 

t  Tbe  kioi;^  (naya  Lbe  liwtunan)  4iBllca  a  par- 


liamenl  mi  Nottinfirhani,  and  the  Ihrst  A^y  of 
their    spssi^  Gerard  de   Camville  was  dii 
cbartfed  of  the  office  of  the  sheriff  of  LincMtlo 
and  diapoaseased  b<ith  of  the  castle  and  count ^ 
Audio  was  likewise  Huj^hBantolf  of  the*  coiMuy 
and  castle  of  Y'^i-tf    u.lJ  4^\  the  castle  i>f  Scar- 
lM»rou((h,  anil  i  i  uiy  and  keetuu^  of  the 

county  of  West  ■:  ail.  The  which  utfic^B 
(as  he  ^oes  on)  being'  now  in  the  king^^s  handv^ 
he  set  them  on  sate  to  him  which  would  (^ive 
roofd.  Hereof  It  came  to  paiifl,  that  where  ib« 
Lord  Chancellor  offered  to  g'ive  l,5uo  morkfl 
beforehand  for  the  countiei  of  York,  Lincula 
and  Northampton,  and  100  marks  of  increase 
of  rent  for  etery  of  the  aame  counties;  Gel- 
fery  archbishop  of  York  offered  to  the  kiiif^ 
3,000  nnarka  afereband  only  for  the  county  of 
York,  and  1,000  marks  yearly  ot  increase,  and 
so  had  the  same  committed  to  his  regiment,** 

And  in  the  case  of  Magdalen  College,  in  tba 
ISth  of  king  James  1,  reported  in  1  Uolls^s  lie- 
ports  157,  air  Henry  Hobart  then  Attorney 
Generalf  and  soon  after  lord  chief  justice  of  the 
Common  Pleas,  ai^yrues  from  it,  as  a  (irtnciple 
not  to  be  coniej^ted,  that  if  any  one  procure  an 
office  to  himself  for  1,000/.  of  the  gift  of  the 
kinj^,  the  office  is  not  lost  by  the  statute  of  S 
and  ^6  £d.  6,  which  shews  they  think  not 
wicked,  not  malum  in  ««,  or  agmin&tilie  commoa 
law,  for  Uie  prerogati? e  cannot  extend  to  whal 
is  so. 

My  lords; — Whoever  makes  the  frrant,  or 
receives  the  money,  tkye  king'  or  a  Bubj^ct,  the 
temptation  under  which  the  officer  who  paid 
it  lies,  to  reimburse  himself,  ii  the  same. 

And  if  the  slreu^th  of  that  temptation  make 

e  thin  * 

stances. 


eugth 
nai,  it 


the  things  criiuinar,  it  ivill  make  it  so  in  all  iu* 


It  hasi  been  taken  notice  of  by  those  gentl 
men  who  are  of  counsel  for  me,  that  the  pro 
soes  in  the  very  statute  of  5  and  ^  8d.  64  prove^ 
thai  this  is  not  against  the  common  law,  or  cri- 
uiinal  in  itself,  at  the  same  time  thst  it  puts 
pariiruUr  re«traint  upon  the  practice  of  buying 
aiiil  ire^i  or  deputations  to  offices. 

C  N  e  to  add  iome  obi»ct  f  atious  upon 

the  pifJviMies  m  that  statute. 

Sect.  4,  contains  a  proviso,  that  this  act  shall 
not  ejifend  to  nfi-  -^+--  ^vhereof  any  |>erson  is 
seized  of  any  '  Ueritance. 

Suppose  a  II.....    ..^.  I1.1S  on  office  of  iuherit- 

SDoe,  lakes  money  from  a  person  whom  he  ap- 
points a«  \ii%  ileputy  ; 

Is  not  iliHt  detinty  as  Ituhle  to  t»e  tempted  to 
reimhursr  tiitiisf  If  l»v  pxlortion  or  ct«(ruption, 
am  if  hti  I  I  an  estate  for  hfeP 

Can  a  •  .»ur  turn  upon  the  title 

of  liiw  pr*ucii>.*l .'  5^*  iii.it  1,000/  nor  instance) 
paid  by  him,  %\\\\  certainly  m^ke  him  corrupt, 
if  In  ;,iil  will 

nt»i  '  *v(our, 

it    hiN  |rilUi;'||rai  (Lit  it  ItIC    IU  Ut  I  tUUCC  01     thC    Of* 

til  e  f 

I'iuH  prtnis'i  is  therefitre  plainly  founded 
only  upon  the  rrtpard  the  hy^  -  makers  htid  to  the 
firiipeny  and  tnlrrett  of  Hueh  owners  of  an  *4' 
lice,  wiiich  itif  y  would  not  ptt^odicivand  Ibert- 


I  a  ' 


IS79]  10  6£OROE  I.  Trial  nfthe  EaH  tfHSaeOetfleU^  [ISM 

lore  be  ■  kft  at  fall  liberty  to  sell  the  office  it-  |^  bed  any  Bocb  wonM  eertaMy  iniiil  qpan  thcm> 
•elf,  er  a  deiiatatioB  tn  it.  anil  tbe  pereoog  that  were  bouad  weey  be  db- 

eo«ra^  from  diepntin^  with  Ibem  of  vhrt 
the  legidatura  did  not  think  fit  to  deprive  tbc« 
of,  aud  would  therefore  pay  withootftaBdiogi 
•oil. 

There  is  vet  one  proviso  more  ia  this  ae^ 
BMterial  to  the  present  purpose. 

Sect  7  provides,  that  this  act  shall  not  o- 
tend  or  be  prejtidicia]  to  the  lords  chief  joftiM 
orjudffesof  assize,  **  but  that  they  may  do  a 
every  behalf  toucfaiair  any  office  to  be  gtwn  v 
granted  by  them,  as  they  mi^iH4iaTe  b3iM«lk 
making  of  this  act ;  any  thing  abore-iBeiHifla- 
ed  to  the  oonlrary  thereof  in  any  wise  notwitk- 
standing.*' 

This  plainly  implies,  that  at  that  time,  nd 
before,  it  was  the  practice  for  the  two  dwf 
justices  and  judges  of  assiae  to  take  money  ibr 
the  offices  in  their  courts,  else  nothing  is  dH 
act  could  extend  to  what  they  usually  did,  ff 
be  of  any  prejudice  to  them. 

And  it  shews  too,  that  tbe  law- makers  (kl 
net  dislike  the  practice. 

I  beg  leave  to  submit  to  your  lordships,  vb^ 
ther  this  doth  not  amount  to  a  dedaratiofi  d 
the  law,  that  the  taking  money  for  odicei, 
whatever  danger  there  may  be  fmm  it  in  vom 
cases,  does  mt  necessarily,  in  all  cases,  csua 
barf  officem  to  lie  made ;  nor  the  psyi&f  ^ 
make  the  officer  extort:  for  the  nalnre  d 
things  clianges  not  with  the  tiilt*s  erf*  pewek 
An  officer  that  pays  money  to  a  lord  chief  jv* 
tice,  will  be  under  ihe  same  teni|itaiiiNi  tsgii 
it  np  again, as  he  that  pays  to  a  lord  cliaiicHhr. 

Ai  to  the  wuriling  ami  form  of  exprisriwrf 
this  urovi(M>,  I  take  it  tn  be  very  clear,  tbailk 
wor4ls  '*  an  they  mitfiit  have  don«-  befurr  tk 


•elf,  or  a  deputation 

.  But  if  to  take  money  from  a  person  who  is 
to  have  or  execute  an  office,  were  unlawful  by 
the  common  law,  or  wicked  w  itself;  it  is  im- 
possible that  the  owner  of  the  office  could  have 
a  right  to  that  wicked  and  unUwful  gain ;  nor 
could  the  law  makers  have  any  regvd  to  it. 

And  since  here  they  are  careful  not  to  take 
h  from  him,  they  allow  it.  Thev  in  effect 
BMke  a  formal  declaration  that  it  Is  lawful,  and 
that  the  provision  made  by  that  act  is  not  ko 
aecesHsry,  as  that  it  should  in  any  degree  in- 
terfere with  bin  private  property  in  that  in- 
stance. 

Farther, 

SecL  3,  makes  void  all  agreements,  bonds 
and  promises  for  money,  for  any  office  or  de- 
putation. But  sect.  6  provides,  that  the  act 
•hall  not  extend  to  agreements,  bonils,  &c. 
made  or  concluded  before  tbe  first  of  Mareh 
then  next. 

This  supposes  it  the  practice  at  that  time,  not 
<Hily  to  give  and  take  money  for  offices,  but  to 
make  tbrmal  comraots  for  that  porpuse,  which 
the  courts  of  justice  were  to  compel  the  per- 
formance of. 

Does  it  condemn  them  as  criminal  in  them* 
•elves,  by  rsason  of  the  danger  ? 

N«>,  on  the  contrary  ii  £ies  not  esteem  the 
danger  Ro  great,  as  that,  to  avoid  it,  the  pro- 
perty arising  upon  thew  contracts  aboold  be 
taken  away,  or  at  all  impeached :  but  leaves  a 
remedy  in  a  court  of  jiisiice  to  enforce  the  per- 
formance of  a  coiitratt,  which  must  neoesssrily 
cause  a  public  mischief,  if  that  were  true  that 
it  is  unlawful  in  itwH',  and  that  itti  unlawfulness 
arises  from  the  mischiefs  consequent  upon  pay- 
ing money  on  that  occasion. 

Had  the  makers  of  that  law  been  of  the  opi- 
nion whirh  these  gentlemen  seem  to  he  of,  aud 
thought  such  traffic  a  wickedness,  it  had  been 
impossible  tor  them  not  to  have  put  a  stop  to  it, 
and  absiolutely  clisumnulled  all  securities  and 
cautions  fur  the  performance. 

I  do  not  «fup|W8c  the  form  of  expression  used 
in  this  proviso  will  be  criticised  upon,  or  that  it 
will  be  inged  that  tbe  words  of  this  proviso  only 
import,  that  those  bonds  are  left  in  such  force 
as  they  would  have  been,  if  the  act  had  not  been 
made,  and  does  not  make  them  good. 

That  wonki  be  a  poor  subterfuge.  The  pro- 
viso makes  them  not  good,  it  is  true.  Why  ? 
Becauae  it  plainly  supposed  them  to  be  good 
before ;  but  that  sect.  3  would  make  them  voM, 
if  this  proviso  did  not  prevent  it;  and  this  pro- 
viso is  on  pur|M>se  to  prevent  it,  aud  for  nothing 
else. 

And  would  the  makera  of  a  law,  would  these 
gentlemen  in  making  a  law,  insert  a  proviso 
that  agreements  should  continue  of  such  force 
as  thev  were  before,  it'  they  thought  them  of  no 
force  before?  Nay,  if  they  thought  tbom  not 
only  void,  but  mischievous  ? 

I'he  saving  a  right  of  action  upon  mieb 
bonds,  and  making  a  praviooin  favoarof  them, 
gives  tbom  MwhfoottlsMM^  that  tboee  that 


nnakinir  of  this  act,*'  ar»?  declaratory  ;  tto 
they  miffht  before  the  making  of  this'act  ute 
money  for  offices ;  and  betuiiMe  in  the  rtictf 
those  officers  the  danger  was  nut  so  gresi,  it  * 
still  saved  and  preserved  to  them. 

If  it  be  said  that  nothing  is  saved  to  dim, 
hut  they  dwug  what  they  might  have  done  be- 
fore, and  that  they  could  not  before  lawlslfr 
take  money  for  offices ;  I  beg  leave  to  «d- 
swer,  that  if  that  be  ao,  the  clause  is  perfectlr 
frivokius.  A  stnmg  prejudice  a^auist  tbe  (^ 
position  that  makes  it  so  in  all  cases,  but  uaA 
more  so  here. 

For  as  the  judges  are  alwajra  attendants  ■ 
thiff  House,  and  this  clause  greatly  coacrrfl 
tliero  ;  it  is  highly  probable  that  it  was  dn*> 
up  and  prn|iosed  l>y  themselves. 

And  if  t.;king  money  for  ofluses  were  (biB 
esteemed  criminal ;  if  the  notion  is  right  wbiA 
is  now  contended  for,  that  taking  inooe^  krd- 
fices  was  against  law,  waa  eorrupiion;  ■b' 
that  this  law  was  then  passing  fo  lay  finbtf 
pprticular  rt'Streiuta  upon  it ;  is  it  p<M'iblf  ibil 
the  judges  could  presume  to  ask  not  to  biR  • 
difficulty  or  discouragement  laid  n|KMi  tlicir  kr 
ing  guilty  of  eorru|»tion,  or  their  ^iag  a  ikiV 
unlawful  ? 

Or,  is  it  pemibie  that  tha 
kii 


^r  fSgk  Crima  md  MitdemMtmrs. 


A.  D.  17«. 


[1288 


Or«  if  tlie  iudget  would  ask  it,  would  ihey 


|iro|K»cing  the  mo^  i-^ 
prt*\ 


Would  iheVi  ^y 

■%  own  %  corrupt 

,  t )  continup  it,  ask 

idulg^M;   nntl  yet  not 

>  ly  jimtify  tlicm  in  il  f 

that    vrltat    is    char|(fit 

y  tjie 

liW  or  usagre  o4*  ibiii  king^tloni.  if  it  be,  it  j»ro- 
Mrly  Uy  oit  tftetti  to  uisike  it  out ;  hut  they 
iui?e  tiiewn  nt»ti»ini;f  to  uw^e  it ;  oot  6ne  in- 
stimce  ot  it;  Mug  puniihcd  ntcoavmoo  Ittiv^or 
bl«med  ;  not  one  citation  oat  oi'  the  olrl  books 
of  the  conim#ii  luvv,  precedent  to  the  acts  oF 
narin  r  i  i\c  nUtiu^tolhin|fftof  that  kind. 
On  J  ay,  I  buve  ilievvn  it  pnictised  in 

the  ii.j;M.^k.  .iu.unces,  without  blame  or  oen- 
•ure:  atid  that  several  ebuse^i  in  the  statute  of 

Jtd.  (?,  Wf  VP   Mhiinti    fimrijt(*l  npOU  a  8U|>pa»iU0n 

i^f  tlijii  |.;  hy  the  common 

law,  and  •  uc«of'  it,  in  some 

iattances,  to  this  daj'. 

Thi«  IS  what  l  hud  hnmbly  ttf lay  before  your 
lordHhipf,  with  respetrt  to  the  common  law. 
And  f  shftll  nnw  coosid^fir  it  as  it  st4nd9  upon 
Ifar  acts  of  partinixteot. 

And  as  to  act*  of  |iar1iAment  relating  to  this 
ntatter,  they  have  su|f guested  ooly  t^o,  the  sta- 
tute 1^  Ric.  2»  cap.  2,  and  the  suilute  5  and  6 
Ed.  (J,  caa.  itf. 

An  to  ibe  «tatute  1«  Rich.  2»  Tl»e  proviwon 
•f  this  stittute  JH  lo  hind  ibone  who  make  or 
name  officers  in  tltc  ca«c4  to  whlclt  ii  exi'?Qd!i» 
tinder  au  oath  to  ohst-ne  the  directions  nf  that 
st4ktufe  in  their  so  doirii:'.  And  I  hope  I  hare 
ilreadv  fully  an*\*eret*  ihr  pretence  o(  luy  ha?- 
Ipg^  taken  ail  oath  u|hhi  thi¥  statute,  wtuch  ex- 
tends  to  any  of  the  olhcr^rH  in  the  C«iuit  of 
'■"  tictiy.  1  shttll  now  cotisidcr  of  that  hist- 
ite,  and  what  muy  he  Uij^rd  fniui  it,  a  little 
tore  (idrticu hurt y ,  And, 
!,  A«  I  tiavc  already  mentionetl,  I  lake  the 
r  12  Rich.  %  to  filiate  onl^  to  Huch 
uiH  as  am  iu  nature  of  clecttuas  ;  that 
hxirh  where  the  uouiiuuiionismiHsiremI  per- 
ns. 
B  tUo«e  ro^  '  '  ■  ^^fiiinon  with  us  to  have 
h    utxiUt  ii  1,  ♦kut   UfJt  in  others, 

find  thtm  ...  .  ,.  ^^s,  and  other  boilien  of 
El»n. 
The.  ^Ttai  one  and  main  ti»tt  :•! 

I  in  ihota**  CM^i'h  i"*,  tu  previ  i, 

ife,  and  hrtutiea,  wht-it?  tlu  ^  ,* 

mit^rni^fd  ^dl   nHtiualty  hate  iii!!Tcrttl  views, 

th**    m>iim»%itft  >i   ;uii!  riinNntiuns  aridnjj 

IC¥  aniuu-  ihia  staiut*! 

\  i:arc  o*,  i  ..     .      .     :  the  public 

ee, 

^he  ihirt^s  wh»ch  cause  most  contentions  on 

mU  (»''•■  Hions,  are  m«njey,  affertioiij  (hy  rva- 

nf  kLiMi»cd  or  frkondsbip]  and  {freat  vuticita- 

iA  ,  Uiifl  act  extend*  to  all  Ihrfyj, 

-  '  <.."'•  lu  forbid  thi;  last  (soli cifatiifn) 

and  the  being  influenced  by  tiiher  of 

.,.    :.-..>rr. 

Th«  perauns  eatUd  to  yamt,  or  mike  justlcti 


Kxirh    inn 


of  the  peace^  sheriffs,  or  any  other  officer  or 
minister  of  the  kintf,  are  to  be  ^wovn,  **  llial 
tbfy  neither  name  nor  make  them  for  any  man* 
ner  of  gill  or  hrocatje»  favour  or  affection  ;  nor 
Any  thai  pursues  by  himself  or  ony  other,  pri^ 
vately  or  openly  to  be  in  any  manner  of  office, 
he  put  in  that  same  otHce^  or  any  other  ;  htit 
that  Ihey  make  all  Hoch  otlicers  and  mitiistert 
of  the  most  ^ood  atut  lawful,  and  the  most  suf* 
6cient  to  their  knowledg^e  and  their  cQUscuence*** 

My  I  Old  6,  in  the  next  place, 

2,  The  wohIa  of  the  statute  plainly  import 
as  much  *,  'that  the  namrnation  there  nieani,  if 
what  is  made  by  aeveral  persons  wlieu  they  are 
called  tojjether, 

**  it  is  accorded  and  (issented^  that  thechan* 
cello r,  treasurer,  keeper  of  the  privy  seal> 
stewani  of  the  kio^S  house,  chamherbin  of  the 
king,  clerk  of  the  rolls,  ju.^tices  of  the  one  heneU 
and  of  the  other,  baroos  of  the  Kxcheijuer,  anU 
all  otherii  who  shall  be  calleil  to  name  or  make 
justices  of  the  peace,  sheritfs,  escheators,  cus- 
tomers, comptrollers,  or  any  other  oJlfic*r  or 
miniHter  of  the  km^,  shall  be  firmly  sworn  that 
they  neither  name  nor  make  justicfs  of  pciace^ 
aherilf,  escheator,  customer,  c(«mptroller,  or  any 
other  minister  of  the  kinjf,  ^c.  for  gift  or 
brokage,  favour  or  affection,"  Stc. 

I  own,  that  there  st^ems  some  difficuUy  as 
to  thi^,  herauste  I  do  not  know  of  any  law,  at 
that  time,  that  any  of  these  onicrrs,  eicepi 
tdieriffs,  were  named  hy  uu  asstmbiy  of  several 
pet^oi^. 

Uut  thouf^h  there  were  no  law  ref^ulrinsf  it^ 
there  might  be  an  usai^e  to  «to  it,  h  v  t»ome  di* 
reciioD  from  the  crown  Ibr  better  mtorruHlion. 

And  what  is  now  don»^  in  relation  t**  ^^herifTs, 
turns  in  oome  part  uofin  hucIi  «;;  i^'e  ctMitiiiue<l 
down  to  thi«  time,  without  any  U'A,tli:it  I  cmilif 
c*er  hear  of^  fo  i(upjK»rl  it,  as  to  al  the  persona 
who  now  meet  to  name  tfiem. 

For  hy  a  slatuto  of  o  K«f.  3,  csllef!  the  Sti* 
tuleo*  Shfrifls,  |u  UjiM.  Tit.  ShiMtJf**  ^^ 

**  Sheriffs  are  lo  *  f  iiy  tlwctiiincellor, 

treasurer,  barons  or  itic  r>xcbequer,  and  hy  the 
justices.*' 

By  14  Ed  3»  cap,  T,  Rast   t% 

•*  iiheriffs*  fthall  Iw*  ordatiied  b>  the  chancel- 
lor, treasurer  and  chief  *" *  *^n-  Ex^chefjuer^ 

tnkin;^  to  them  the  c  *-%  ff  the  one 

pr:'«ent :  and' 

,   hy  the  trea* 

cr  and  the  jm^ 

yearly  on  tho 

(that  is  the  third  of  No- 

fixes  the  time  amt 
place  now  observed, 

Hut  as  to  the  persons,  thoui^h  the  jnstiees  of  | 
In-'  r  *«  are  in  the  first  net,  vet  none  of 

1  i  i  «.'  chief  justices  are  in  ihr*  lant.  Andf 

thr  hrtii  privy  seal,  lord  Mewiird,  lord  chain • 
herbin,  and  the  clerk  r»f  tlie  tolls,  and  olher 
lorda  of  the  council,  ai i^  in  neither  And  yet 
hy  coniitant  usage,  all  thove  atteoil  ui  the  nam- 
ing of  AlierlfFs  ^  and  as  they  see  occasion,  gift 
their  ad  vico  and  aitinanct,  and  ftll  take  tht  nntk. 


I>ench  fttiil  oj  tU"  ntht  i 
in  the 

smrr,  ii  ^ 

tices*     Ami  that  shall  l>e  done 
morrow  of  AU  Him] 
veuther)  **  ui  th^  ' 
This  is  the  •i.^.. 


1S83] 


10  GEORGE  I.  Trial  of  the  Earl  of  Macclesfield,  [ISSi 


And  by  like  usa^e,  which  we  cannot  now  ac- 
count for,  there  was  probably  some  such  prac- 
tice Willi  respect  to  otiier  offices. 

For  it  is  to  make  the  statute  absard,  which 
nrovides  that  such  and  such,  and  All  others 
that  shall  be  called  to  name  justices  of  the  peace, 
sheriffs,  escbeators,  &c.  shall  be  sworn  to  name 
these  officers  without  favour  or  affection,  if 
neither  they  nor  any  others  were  called  to  name 
any  of  these  officers. 

3.  Tliis  is  the  strong^er,  because  constant 
praciice,  the  best  expositor,  has  thus  expounded 
this  statute. 

If  the  intention  of  this  statute  were,  that  all 
the  particulars  first  named,  that  is,  chaucellor, 
treasurer,  keeper  of  the  privy  seal,  steward 
of  the  king's  house,  chamberlain  of  the  king, 
&c.  were  to  be  separately  sworn,  as  to  the  re- 
spective officers  under  each  of  them  severally  ; 

Then  this  must  have  hten  made  part  of  their 
oath  of  office,  or  administered  at  Uie  same  time 
with  it,  though  in  a  distinct  oath. 

But  that  has  never  been  done,  nor  has  it  ever 
been  administered  to  a  single  person  at  that  or 
any  other  time.  Which  is  the  strongest  argu- 
ment possible  that  it  is  not  what  was  then  meant, 
JOT  ever  understood  to  be  meant,  by  that  sta- 
tute. But  on  the  contrary,  in  the  single  in- 
stance where  several  are  calT^  together  to  name 
officers,  that  is  in  the  case  of  sheriffs,  the 
swearing  of  them,  to  observe  this  statute  on 
that  occasion  is  never  omitted  to  this  day. 

Give  roe  leave  to  observe  one  thing  more, 
that  a  chancellor,  a  treasurer  may  possibly  be 
seven  years  in  his  office ;  I  believe  treasurers 
Kave  in  fact  been  all  or  the  greatest  part  of 
th^ir  tin^e  without  ever  taking  this  oath,  which 
is  never  taken,  unless  they  happen  to  assist  at 
the  naming  of  sheriffs,  wnich  there  is  no  law 
requiring  the  other  great  officcre  to  attend  at, 
sua  which  is  now  become  little  more  than  a 
matter  of  form,  the  list  settled  in  that  assembly 
being  every  year  departed  from  in  many 
counties. 

And  if  this  that  I  have  thus  offered  be  the 
whole  meaning  of  the  statute,  then  at  this  day, 
M  the  usage  now  is,  it  has  nothing  to  operate 
upon  but  the  nomination  of  sheriffs,  and  there- 
fore extends  to  no  other  cases,  and  consequently 
pot  to  any  of  the  officers  in  the  Court  of  Chan- 
cery. 

But  may  it  not  be  said,  that  though  the  oath 
required  by  this  statute  extend  not  to  the  pre- 
sent case,  yet  will  not  this  provision  amount  to 
a  declaration  of  the  sense  of  the  law-  makera, 
that  the  things  thus  provided  against  are  such 
•s  should  not  be  done,  and  consequently  that 
the  doing  of  them  after  such  statute  will  be 
•gainst  law  ? 

To  state  this  distinctly,  would  take  up  more 
time  than  is  proper  upon  this  occasion. 

But  this  I  beg  leave  to  say,  and  it  will  be  as 
well  applicable  to  the  statute  of  Edward  6,  as 
to  thiSf  and  perhajis  more  direct  ly. 

Acts  of  parliament  that  contam  political  pro- 
▼isions  for  making  regulations,  or  for  avoiaing 
dni^  Ml  wicked,  but  whioh  saay  be  lAooove- 


nient,  have  not  always  this  conseqaeMe,  thit 
actions  done  contrary  to  what  they  deaigDed  ia 
the  very  cases  then  in  view  will  be  ariflwia], 
and  much  less  in  cases  not  in  rievr. 

Our  law  is  sparing,  in  makiag'  the  daing  i 
thing  a  crime,  which  may  he  rectified  ani  r* 
dressed  another  way. 

There  are  several  acts  of  parliament  ta  R< 
strain  ecclesiastical  pereons  from  maUv 
long  leases,  to  prevent  the  inconfeDienecs  iwa 
leases  may  bring  upon  their  suoeessors ;  ikM 
acts  declare  sucn  leases  void,  which  thercftn 
are  against  the  intent  of  those  laws;  bat  it  as 
never  thought  Hiat  the  making  or  acoeptia| 
such  leases  was  criminal. 

The  sense  of  the  law- makers  is  to  have  oi 
consequence,  but  what  necessarily  follows  ftoa 
the  provision  by  them  made. 

What  they  mtendcd  was,  that  the  sutuaiw, 
if  he  pleased,  might  set  them  aside ;  wbiek 
would  have  this  effect,  that  none  wouU  tike 
such  leases,  or  they  would  do  it  on  terms  a^ 
vaotageous  to  the  successor,  or  with  a  resiia- 
tion  of  being  so  good  tenants,  as  that  the  f0O> 
cesser  would  not  take  advantage  .of  it:  sothit 
either  the  lease  would  he  vacatetl,  orthe  ineoo- 
venience  would  be  prevented  without,  which 
fully  answere  the  end  of  the  act.  And  tUiii 
vei^  applicable  to  the  statute  of  Edward  6. 

In  this  act  of  Richard  3,  the  incouvenicsei 
provided  against  is  only  in  election^  or  nooiss- 
tions  by  numbers ;  the  provision  ia  by  taki^ 
an  oath. 

If  such  oath  be  taken  and  broke,  that  iii 
crime;  for  that  is  the  necessary  oonseqooM 
of  the  provision  made,  violation  oif  an  oath  btf^ 
undoubtedly  criminal.  But  where  no  oatk  a 
taken,  much  mere  ivhere  none  is  required,  1 
do  not  see  how  doing  the  thing  can  be  a  crinti 
merely  because  in  some  cases  it  is  in  this  sisa- 
ner  provided  against,  and  would  be  crimmal  if 
in  doing  it  an  oath  had  been  violated. 

One  thing  intended  to  be  entirely  preveatfl 
in  cases  within  this  statnte  is  solicitatio&,  if 
desiring  a  plaee. 

But  lias  it  ever  been  constmed,  in  eooia 
<]uence  of  this  provision,  that  if  I  put  a  pert** 
into  an  office,  who  ever  asked  that  or  any  otbcr, 
I  should  be  a  criminal,  though  I  never  Udk 
this  oath  ? 

Then  the  consequence  will  be,  that  the  lik- 
ing a  place,  or  the  modest  offering  a  man*t  Mif 
for  it,  (nhich  would  he  suing  or  pureuis;  fov 
it  in  the  words  of  the  act,)  will  lay  him  undcri 
perpetual  disability  of  having  that  placr, « 
an  V  other. 

Nay,  since  asking  a  place  is  what  the  scalsk  ' 
has  made  a  provision  to  prevent ;    wbotva 
asks  a  place,  does  a  thing  intended  to  be  pit- 
hibited  Dv  the  statute,  and  istherelore  crinusd 

Was  tnis  ever  the  construction  of  this  ad  f 

Nav,  every  one  that  assists  in  what  was  dia 
intended  to  be  prevented  will  be  criminal,  vd 
so  will  every  one  that  asks  for  anocher  st  M 
request. 

My  lords,  at  tUp  rata  the  UtMM  wiD  bs  «i7 
aztcnaire. 


Jitr  High  Crime.f  and  Mitdemetmori. 


[1S8(* 


MM 

Bpurd 


I  woukl  beg  leaf  e  to  mentioti  one  cise  morei 
dhofie  iKf  ifenileiDeD  u(  the  flotite  uft'Com- 
ions  will  not  take  it  araiis^  or  look  ujioti  it  as 
•nv  ♦It'irfspcct  to  them. 

By  ll»e  sivtute  1  lien,  b^  cap.  1,  *'  ft  in  en- 
acted,  that  kiiig^ht^  of  shires  be  not  cho&en  uit- 
they  \»e  resideul  within  th**  shire  where 
*y  shall  be  chosen,  the  Jay  of  the  <lale  of  the 
rit  ot  summon*.  And  thii  tUr  citi/cni  and 
r^es*)e«  uf  the  ciue«aiwJ  horou^his  he  chosen 
men,  dtize««  and  burgvS5ic«,  reliant,  dwcllinif 
and  Irce  in  the  same  cities  and  boroughs,  and 
no  other  in  any  wise,** 

The  statute  7n  lien*  6^  cap.  15»  recites  thii 
lait  |)Art  of  that  statute,  and  eoactS)  that  U  be 
dulv  kept  in  all  puinla. 

And  this  ii  the  statute  upon  ivhich  actions 
tited  to  be  brought,  in  our  tioie,  for  false  returns 
€f  menibers  to  parUameut. 

This  ts  in  dtteiH  itords  a  prohibition  of  any 
per^onN  being  chosen  thut  lU  not  resiant :  Uut 
since  the  natural  eirccl  of  this  proriston  wrould 
be,  that  (the  suhject-niutter  thereof  being  the 
eaae  of  a  legal  authority  conferred  hy  the 
choree)  peril) Df  chosen «  not  being-  so  qualified, 
mijrht  in  consf^nence  of  thii  law  be  rejected. 

If  thia  political  provisioo  be  not  complied 
wlth«  ia  there  another  consequence  to  folluMr, 
inAead  of  redressing  it  this  way,  and  thp  parties 
eonoerned  to  be  therefore  made  crimieial  ? 

la  it  crinninal  in  those  who  ohuse  fur  their 
represenlativea  in  parliameotf  persons  not  only 
Ciot  resiantj  but  whom  they  never  saw  f 
^^   Is  it  criminal  in  those  uuqualiHed  persons,  to 
^^^Breiiume  to  take  their  ptAce«  in  the  House  ? 
^B    Is  jt  cnmioaJ  in  the  other  meuibers,  knowing 
^Huch  to  be  atnon^it  them,  not  to  turn  them  out 
^Kr  offtciQ.  even  thouf;:h  no  complaint  be  made 
^Bom  without  doof6  ? 
■^   llhmkoot 

Yet  \  apprehend  that  will  be  the  eooscqueocf » 
if  lawaot  that  nature  are  thus  to  he  expLiint'd, 
id  every  action  is  to  l»c  judjfeil  criminal,  which 
y  act  of  parliament  has  made  any  aort  of 
If  jjiioti  III  prevent. 

to  the  statute  of  5  and  6  Ed,  6,  cap,  16: 
Althouffb  it  has  made  provision  ag^ainst  the 
jc  or  disposal  of  ofScea  for  money,  yet  rjo- 
can  be  in fe I  red  from  thence  in  support  of 

utiou. 
that  your  lordshipf  may  take  a  better 
w  of  (hat  law,  permit  me  to  fay  before  you 
pw  ohaerratjoni, 

Tbe  preamble  seta  forth  the  end  for  which 
lU  rcatraint  was  laid  ; 

**  For  the  mfMlag  of  corruption  which  may 

^freatter  happen  to  be  in  the  oHiccra  and  mi- 

"'     ftf  in  thoKe  courts,  and  placets,  and  rooma^ 

reiu  there  is  n^qtiisite  m  he  had  the  true 

minittfution  of  juntice,  or  serf  iees  of  trust : 

**  And  to  the  intent  ihiit  perjMm»  worthy  and 

__^^  ...  .  ^_^  ^^^j  ^^^  ^^^  pUce  where  juir^ice 

tered,  or  any  service  of  trust 
f,  lil^mtld  hereafter  m:  preferred  to  the 
same,  sod  no  other ,^* 

Hirrr  im  tttention  inadf  of  Corfu  pt  ion »  hut  it  ta 
tel  which  may   happen  in  tbc  tffitvra  ap- 


ihwi 


pointed,  it  calls  not  tlie  taking  money  opon  ihe 
appfihitin!;  tliem  corruption. 

It  in  eflVct  jirayn,  what  I  have  before  said, 

That  giving  tuttl  taking  money  is  a  tempta- 
tioo  to  those  Mho  dispose  offices,  to  |»ut  in 
sometimes  uiiHt  persons  ;  to  those  who  ouy  to 
«.T(ort  and  he  corrupt.-  And  cousequenlly  that 
if  thi^i  practice  continue*  there  will  be  rn«tunces, 
in  which  this  tt-'mpiatiou  will  so  f*ir  he  yielded 
to,  titat  person*  nut  worthy  will  sometimes  he 
prefer rett,  and  ihuse  personsi  will  some  of  thetii 
rentare  upon  being  guilty  orcorruplioo* 

But  to  avoid  all  the  corruption  which  may 
happen  in  those  instances,  and  to  tlie  intent 
that  this  temptation  may  in  no  cajse  prevent, 
bnt  that  worthy  persons  be  advanced,  and  ua 
other  in  any  instance,  the  staluie  is  mude. 

The  main  end  whereof  is  answered,  if  worthjf 
persons  he  advance^l,  and  they  be  not  corrupt^ 
Liut  IiehavG  themselves  well. 

What  then  is  the  particular  provision  mada 
by  this  statute?  Not  making  way  for  an  ar- 
bitrary punishtnenl,  by  declaring  it  to  be  cor- 
ruption, or  criminal,  or  agatu«$tihe  provision  of 
any  former  law,  to  give  or  take  money  tor  an 
office. 

Not  declaring  that  it  shall  he  crimioal  for  thf 
future. 

Not  even  eoactlng,  that  no  person  shall  take 
or  give  money  for  an  otfice  t  which  might  m'tka 
the  contravention  of  this  law  a  crime  for  tho 
future : 

For  it  is  reroakable,  that  this  statute  has  tiot 
to  much  as  any  prohihitury  words  in  it ; 

But  the  whole  provision  is  barely  putting 
the  ca.%e  by  way  ot  supposition,  *'if  a  person 
da  take  money/*  dec.  and  dfclaiing  the  conse- 
quence, which  conscqunicc  is*,  that  the  perwm 
taking  the  money,  if  it  were  for  an  oflica 
shall  lose  the  nomination  to  that  olHce ;  if 
for  a  deputation,  tie  should  lo^e  his  interest  iti 
the  ofHce:  And  the  person  pnjing  shall  be  ad- 
judged a  disabled  person  to  have,  occupy,  or 
enjoy  the  office  or  deputatioci.  That  is,  as  ap- 
pears aAerwards,  lie  is  ilisabled,  so  far  as 
concerns  himself,  his  right  to  have  it,  and  to 
continue  the  taking  of  tlieprotirs:  Out  not  so 
far  as  the  public  has  henrfit  by  htm  :  For  by  i^ 
proviso  fur  that  purpose,  atl  acts  done  by  hint 
are  valid* 

The  effect  of  which  i«,  that  the  officer  who 
comes  in  for  money  holds  thnt  othce  precari* 
oiisly,  which  wuufd  otherwise  have  been  for 
lilif,  and  is  wholly  at  mercy,  if  he  gives  tt»a 
least  ticca«ion  of  complaint  ugaiost  him ;  and 
since  he  that  put  him  in  has  lovt  the  nomina- 
tion, th«'re  accruer  to  the  king  a  rij^hl  to  dW  ih« 
place  with  a  l>ei1er  inun  in  rase  he  thmkv  tit. 

And  therefore  f  will  not  rontrovrri,  hut  that 
the  right  of  power  of  n  urn  in  at  ton  to  ao  ofHcii 
tnay ,  by  prn^ciition  grounded  0))on  tliia  ftatatv^ 
be  taken  from  the  person  who  etyoytnl  it,  and 
vested  in  the  crown« 

But  as  thf  re  is  no  auch  power  of  nomination 
to  the«e  otfit-«!tt  now  m  me  ;  but  I  haVf  tost  it 
with  the  ortice  of  Chancellor,  and  therein  havf 
suficied  a  luuch  grtairr  Iota  Ihfto  that  of  ibos# 


4 
4 


1287] 


10  GEORGE  I. 


Trial  of  ike  Earl  of  Maecle^ieUf 


[12&8 


Boininatiooi  ooly ;  no  judgmeot  can  be  given  )  question,  whether  on  action  woold  lie  upoD  a 


•gainst  me  upon  this  act,  and  therefure  neither 
can  there  he  fuund  upon  it  any  proseciiiioii 
ajfain&t  me ;  for  that  it  but  a  inf  thoU  of  praying 
and  ohtainir.K  a  proper  judument. 

Ah  J  to  adjudi^e,  that  upon  the  case  which 
has  happened  (supposiof^  it  to  he  within  the 
wonU  Hnd  oieaniui;  ol'thik  statute)  any  punish> 
merit  shall  he  inflicted,  or  any  consequence 
follow,  beyond  the  loss  of  the  nomination,  is 
(wiih  great  submission)  to  go  quite  out  of  this 
statute. 

Tlius  1  have  endeavoured  to  make  out  what 
1  first  proposed,  that  tlie  receiving  a  present 
upon  thfNe  occasions  is  not  criminal  in  itself,  or 
by  the  common  Uw,  and  that  there  is  not  any 
act  of  parliament  whatsoever  by  which  the 
same  is  made  criminal,  or  subject  to  any  pu- 
nishment o¥  judgment  which  can  be  prayed  in 
this  prosecution. 

My  lords ;  all  this  reasoning  is  greatly  for- 
tifieti  by  usage,  by  my  predecessors ;  which 
usage  is  expresidy  proved  before  your  lordships 
hy  all  the  Masters,  who  could  not  refuse  giving 
testimony ;  that  is,  all  the  present  Masters  ad- 
mitted by  my  predecessors,  who  are  indemnified 
by  the  act  of  this  session  for  that  purpose : 
And,  I  think,  is  proved  too  by  the  former 
Masters  now  living,  who  declined  giving  an 
answer  to  tht?  question,  when  askeil,  what  they 
gave  or  knew  given ;  making  this  their  ex- 
cuse, that  by  our  law  no  man  is  bound  to  ac- 
cuse himself,  and  that  to  own  they  had  igriven 
money  would  eziiose  them  to  the  penallies  of 
this  act.  For  whatever  micrht  \ye  the  conse- 
quence of  owning  they  gave  money ;  there 
was  no  danger  in  saying  they  gave  none.  And 
they  might  have  given  an  answer  in  the  ne- 
gative safely,  but  that  the  truth  and  their  oath 
would  not  allow  them  to  do  it. 

And  this  refusal  of  theirs  to  answer,  was  not 
a  cfintrivance  of  mine,  they  were  supported  in 
their  objection  by  the  {gentlemen  that  are  Ma- 
nagers,  who  were  pleased  to  give  their  assist- 
ance to  defend  them  from  answering  the 
question. 

And  might  I  have  been  allowed  to  have  given 
evidence  of  what  has  been  from  time  to  time 
declared,  by  parties  concerned,  who  are  now 
dead,  it  woiilu  have  been  proved  much  farther. 

But  J  apprehend  the  thing  is  notorious ;  al- 
though Slime  proofs  have  been  oflVred  for  form's 
■ake,  yet  it  wus  equally  well  known  before ; 
knoun  to  all  the  worltl. 

Uive  me  leave  likewise  to  argue  farther  upon 
til  is  whole  matter  from  what  1  said  once  al- 
ready, that  it  is  admitted  there  is  not  one  in- 
stance, that  such  taking  money  has  been  pu- 
nished either  at  rommou  law  or  upon  act  of 
parliament ;  that  tliis,  according  to  the  rules  of 
our  law,  is  one  of  the  strangest  arguments 
that  it  is  not  punishable.  For  it  is  not  to  be 
presumed,  but  that  it  has  been  often  done  ;  the 
atatnte  of  EtL  C,  takes  notice  of  the  practice, 
not  only  of  doing  it,  but  of  entering  into  formal 
contracts,  and  bonds  for  that  puniose. 

littletoDy  our  most  cdehrated  lawyer,  apoit  a 


certain  act  of  parliament,  rests  npon  it  as  a  de- 
cisive argncMut  in  favour  of  the  negaifive,  that 
it  was  never  seen  or  beard  that  aoy  adioa  wai 
brought  upon  that  statute;  alledging  that  if 
any  action  might  have  been  brought  ibr  tUi 
matter,  it  must  be  taken,  tbat  at  tone  time  ir 
other  It  would  have  been  put  in  praetiee.  Aai 
tlie  lord  chief  justice  Coke,  in  bn  commentary 
upon  Littlemn,  observes,  that  as  usage  is  a  good 
interpret!:  r  of  laws,  so  non- usage,  where  there 
is  no  example,  is  a  great  intend oieot  (as  be  calk 
it)  tbat  the  law  will  not  bear  it.  Not  that  u 
act  of  parliament  (as  he  goes  on)  can  by  aso- 
nser  lo^e  its  force ;  but  thiit  it  may  theveby  be 
expounded,  or  declared  how  the  act  is  to  be  Bh 
derstood. 

This  is  what  I  have  to  aoboait  to  your  M- 
ships,  that  the  taking  money  for  offices  is  Ml 
criminal,  which,  I  apprehend,  ia  the  whale 
charge  iu  the  Articles,  except  the  manner  tf 
taking  it  varies  the  coitsideratioo,  which  1  shil 
take  notice  of  afterwards. 

There  is  not  the  least  pretence,  that  mon^ 
was  given  for  putting  in  persona  unqoahfiM, 
the  supposed  crime  is  singly  the  taking  money. 

And  as  to  what  lias  been  said  by  way  of  com- 
paring it  to  the  case  w  here  any  judicial  onkr 
or  determination  is  made  for  a  lirihe ;  give  ns 
leave,  with  great  submission,  U%  inaisi  upon  it, 
that  there  is  not  the  least  parity  at  all  betwixt 
that  and  the  present  case:  for  in  mauenof 
judgment,  if  the  party  have  a  right  to  what  bt 
sues  for,  he  ought  not  to  be  put  to  buy  bis  own; 
and  mu'*h  less,  if  he  has  uot  a  right,  should  b< 
be  at  liberty  to  purchase  of  the  judge,  tkit 
which  is  the  right  of  another. 

But  this  is  nut  matter  of  justice,  hut  mat* 
tcr  of  favour  and  pure  bouuiy  ;  ulietitn  1 
put  in  this  man  or  that  man  iiitu  a  plact  iu  mv 
disposal,  depended  wholly  u|K)n  my  oun  vboicv 
anu  pleasure ;  so  that  the  cases  are  not  at  all 
alike. 

A  bribe  strikes  at  the  root  of  the  equal  ad* 
ministration  of  justice  ;  it  is  a  prnf(e^Sl:li  bos, 
and  can  mean  nothing  hut  to  de^itmy  indiiTe- 
rency,  and  to  render  the  judirnient  partial. 

Jt*^is  therefore  disiilloneil  in  all  natiotiy,  aa4 
in  all  ages  ;  aud  is  expri-ssly  forbid  by  the  law 
ofGud.  And  had  the  gentlemaii  nhu  tourbcd 
I  11,'ion  the  text  which  condemns  gilts,  ben 
pleased  to  cite  it  at  large,  it  would  bavf  ap- 
peared to  relate  to  briber  given  in  cases  of  judff- 
mrnt,  Deut.  xv.  18,  19.  *' Judges  aud  officcn 
bhait  thou  make  thee  in  all  thy  gate«— Aai 
they  shall  jud<i;c  the  people  with  juhtjudgniaiL 
Thou  shalt  uot  wrest  judgment,  thou  shaltsDl 
respect  pei^sons,  neither  tidce  a  gift.  For  a  gilt 
doth  blind  the  eyes  of  the  wise." 

As  to  the  manner  of  taking  money  in  dtf 
several  Articles  5,  0,  7, 8,  the  case  stands  tb»: 

5.  There  are  iu  all,  eight  Articles  relatflf 
to  this  mitter ;  but  they  have  prooeeded  oaly 
upon  four:  the  first  of  which  iatlie  fit\b  ArtkH 
and  relates  to  the  money  taken  on  Sir.  &/* 
naston's  admittance. 

Upon  their  own  f fidanco  it  sppcanb  iMlb 


1280] 


Jbr  High  Crimes  and  Misdemtannti* 


A.  D.  172S. 


[1290 


fL^antsm  9AB  well  rtOiNMnewU  kf  Mr. 
Bayly ^  n  fiersoQ  of  1 1 ery  gfiwl  cbarBCter  i  tlm 
ibe  finl  aud  ooJv  tuvsciMg'e  brought  U>  me,  wtlii 
reUUoD  tu  I  its  admUttLnGe  and  the  money  ti>  l>c 
pmidf  was  Uua ;  lliat  lir  d««ir«Ml  to  be  4iJitii(ie«J 
on  tke  surreodar  af  Mr.  Hogt;r«,  ayd  wotjtd 
ttiukis  a  compliment  of  1,500  guineas,  or,  if  I 
414 1  not  (hi ok  lUafc  «n«agh  1  tbould  plca«e  my- 
self: and  my  answer  wa»i  1  wai  pleased  wilb 
tbe  1,500  g'umaia,  aiul  be  waa  admitted* 

It  b;is  b«cn  eodeavoured  to  fnaJce  wttal  waa 
tlu'a  docit:  odious  (  by  repteBenttiiir,  that  Mr* 
ICynaslOfi  fimt  offwvd  1^000/.  but  Mr,  Cotting* 
haul  would  »iot  propose  it  i  that  it  was  wcirked 
up  by  Mr,  Cotuogtmis's  tailing  btm  llial  be 
bad  botigbt  a  good  ofiice ;  that  l^lr,  Rof^ra 
Usui  If  hi  bko  ba  usually  made  1,700L  and 
aoOMiiinfV  9|000/.  per  auuum  olit^  and  thai  be 
ooderstaod  tbe  nronin  ar«jce  out  ol  ibe  otxiiiiary 
pra6ls  of  the  oilier,  and  tbe  use  ot  Ibe  suitors^ 
mowty  togelber. 

As  to  ibe  offer  of  1.000/.  Mr.  CoUin^bam,  a 
witness  produced  by  tlieitiKeUi^,  denies  it. 
Aud  >Ir.  Bayly^  their  other  witU4r«a,  who  firwt 
broke  tbe  alfairlo  l^Ir.  Cotlingham,  auil  at  bta 
ntyrn  from  btm,  told  IVIr.  Kyoaaton  that  Mr. 
CoitiBf  Wafn  vaid  1,600  truineaa  wociJd  be  ex- 
pected7awear«,  that  Mr  Kynantott  jinmediateiy 
aubmilled  to  what  Mr.  Collin;; ham  bad  so 
memtori»K  oidy  besmd  he  Ibooi^ht  »i  Uml  been 
but   1,500/.     And  ihiB  Han  Lit-fure  Mr.  Kynas- 

taaw  Mr  C*Jt«inghafn. 
\o  tbal  Mr.  Kyunst«u'<  oath  is  directly  con- 
licted  by  Ums  ustb  uf  Mr.  Coiitnfjfbam,  one 
of  tthirowii  witneasea;  and  is  bi;;bly  impro* 
bable  from  what  Mr.  Bayly  aootber  of  tbetr 
own  witnesses  swears. 

And  *is  III  what  Mr.  Cotliaf^hafn  said  about 
tbe  gutHtueas  of  ibe  olBce,  he  h wears  it  was 
after  the  1^500  tfiiineai*  wrresifteeiUolK^  paid* 
And  iudeetl  upon  thut  dependeiJ  not  un  mxteh 
irlial  he  wa^  to  preiieal  to  roe,  ns  what  he  was 
to  pay  Mr.  Ui^tfurs,  \vhich  bad  lieen  at^reed 
yptNi before  Mr.  CoUirif^ltam  vvas  sj^okcn  to. 

tio  ihat  here  is  ooihioie  hut  my  acrepliog^  a 
puni  of  l,64JU|;uiiit:ii<f,  which  whs  profjosed  to 
a  vol  unit  ry  olYer,  wbeu  1   wa*  at  tbe 
■  time  told  1  niiL'hl  baVK  mure,  if  I    wouU 
\k^m  it ;    without  one  af^ifravaiini^  ctr- 
nct*f   with   rr III tion  to  the   person   ad* 
,  or  what  I  did. 

nevt    of   thrMc   Artic1««  »  the   iixlb, 

i  coiic«in!»  Mr.  'fhomas  brimel,  and  tbe 

'  gi?*'n   me  by  bim«  on  aoeount  of  btM 

^•dfnilted  Master  upon  Mr.  Hiccot^ks's 

tba  wboU  of  ih«  fael,  so  far  aa  1  was 

mI  in  it  or  knew   nt  it^  was  hut  Ibis  - 

Mr.  Cotttoij:hiim  informed  me  of  a  toIuu- 

oifar    luadta    by    Mr.  Bmiici  of    t,500 

aa,  wbtch  I  accepted.  I  U^bevt^  be  tlioaj^bt 

"n«t  ill  iias4»  atid  I  imn^  ibeo  •»xireiiiely 

*  to  b«  admiiietl,  for  fear  (am  iVIr. 

swear*  bt^  ihouK^Itt)  of  faHiu|f  into 

Oa  Thursday ,  and  in  f be  oi|fhls 

and  after,  I  rememlier  I  tost  near  50 

of  bW«d|  in  iteol  94  h  ouni.    And  Ibat 


aasT     mtwr    ni 

niiaicaa,  wbtct 
&|^fi<it  ill 

N^Hgtiamsi 
w#ftto  luhfMla. 


nigbf  Dr.  Mead  told  Mr.  Cotliitjtbtnn*  that  if 
tlie  dUtempor  bud  not  a  turn  very  sonn,  I  eould  , 
n<*i  h>e^4  hoiir^.   Uii  Fiiday  Mr.  Cottin^h^ha 
says,  ttie  Iloctor  told  biio  tiiedisi«'uip»'r  UhA  i 
turn :  on  HatmJuy  iDorniog^  Mr.  Brnoei,  attei^l 
great  twpcNTiuuity ,  waa  ailmitteil  whUe  I  was  iqrj 
bed,  but  ci»n»pany  kept  out  of  ilte  rooos 
BMM^bas  oould  be. 

Tbts  is  wbnllbcy  have  proved  by  Mr.  Cot^ 
tinarbam. 

Mr.  lieuoei,  wbomenttonfi  noMiia^  at  oil  of 
me  of  ht4  own,  knoul«i<li^e^  but  ot  the  kindness 
with  wiiii^h  I  spoke  la  bim,  and  lold  biisi  that 
lie  was  uduiitted  by  a  dying  Cbanoellor,  i«  their 
uthtT  Hituesa,  who  is  to  nbew  tut idious  circunt- 
slasiees,  And  fcry  aolicilous  be  seems  to  be  to 
do  it. 

fie  takes  care  to  say,  that  be  was  onlered  to 
come  alone,  and  bring'  nobody  with  bioi;  as 
if  it  were  tbe  better  to  keep  secret  tbe  pay  meut 
of  tbe  money,  tbougb  be  knew  my  g^reat 
wetjkue>^  was  lUe  reason. 

Hti  laffectM  to  Bay,  the  Uank* notes  were  taken 
out  iu  feit^ned  names,  and  thst  it  was  no 
thought  proper  to  use  tuy  name  or  hii.  Thou 
upou  aituther  AriicU*,'  ^hen  he  is  eiamiued 
af^uin,  it  comes  oui,  Uiat  ilia  feiift^ed  name  wua 
Ihiit  of  bis  clerk,  whom  be  sent  to  take  otit  th# 
notes,  and  it  was  merely  Branet's  own  doin^« 

He  says,  be  oOvW  1.000/.  to  Collin); bam 
at  tirsf,  and  telb  a  Ion*/  diAlt>s(^ne  they  bad 
obout  it^  hut  Cotliiighsm  nimst^li  Ujtftti  bis  oalb 
denies  ll  nil. 

ISo  tiiai  here,  at  laai,  nottiinu'  vi  proved  that 
patted  with  me,  but  ilia  1,600  gninetis  being 
oflbfed  In  me  anil  aeee(Hed. 

And  ^ii^e  me  leute  to  o^tserve,  that  the  two 
iutiis  ol  thene  twti  Articles  were  ueriainly  not 
paid  out  of  the  suitors'  money,  F(»r  whatever 
other  objetAion  may  be  maile  aa^ain^t  Inking 
tbe  present  Iwfore  iidmi-*iiion,  it  has  this  etlect, 
to  abew  that  it  came  not  out  of  tlia  moiivy  of 
the  suitors. 

Aod  yet  there  betof^  a  pretence  (wiibotit 
stating  tbe  circumstance  of  time,  which  I  tiate 
just  takeo  nolire  nt)  tliat  I  hey  were  pai<l  out  of 
that  moneys  and  ibjil  the  aiiitorii  were  in  dsrtger 
of  beiJii;  sutlVrers;  I  b'liuuht  money  mia 
Clianiery,  to  be  subject  to  Ilia  orders  %»f  lb* 
Court. 

The  two  oiher  Articles,  the  7lh  and  mb. 
weie  upoo  sdunsaiouv  to  places  tacaol  by 
deaib. 

The  fib  Article  cnnri>rns  llie  csne  of  Mr. 
Eble;  aod  (tie  fact,  as  Uiey  bavc  tbem&eivet 
pr«»*Ml,  is  thu'k : 

Upon  tbe  dratb  of  Mr.  Fellowea,  the  fonuer 
Ms«tcr,  ^  OtiO  giiineuM  i^  offered  aod  |;i«en  10 
mrhy  Mr,  Ehlr  ;  ti  {)0t>/.  it  tiflcrr'tt  by  nnolhfr. 
It  is  ad  Hill  led,  that  Thomas  Beunet  ahoui 
three  quarters  of  a  year  bt-l*/!^  upon  coming 
into  bis  olaee  ^an>  biit  preilecc»iH»r,  who  sur* 
rcn'h^rcd  lu  bun,  7,60il/.,  and  to  tlie  ^f«al  aeal 
1,576/.  in  sH '>,Q7.SL  sod  tl44tl  Mr.  Kynaslon, 
two  years  before  him,  gave  his  predeoeaaor 
d.OOOA  aud  to  the  great  aeal  tfbJU.  in  all 
r,575/. 


i 


1S91] 


10  GEORGE  L 


Trial  of  the  Earl  qfMacdesfieU, 


AdiI  Mr,  Elde,  a  man  of  uobleroUbed  diarac- 
ter,  of  a  f^ood  estate,  and  Dot  one  objection  to 
bis  fitness,  is  admitted,  tbougli  he  pajs  so  very 
Biucb  sbort  of  what  others  had  paid,  and  less 
tbaii  was  at  the  same  time  offered. 

And  of  this  titat  he  paid  3,400/.  was  retaraed 
to  biro,  and  only  1,850/.  retained. 

I  will  not  trouble  your  lordships  in  relation  to 
what  my  private  intentions  were  in  that  trans- 
action ;  if  they  were  capable  of  bein^  proved,  1 
believe  your  lordships  would  not  dislike  them. 

Some  little  reflection  has  been  mode  upon 
the  raouey  beingf  brought  in  a  basket,  as  if  it 
were  for  privacy,  and  even  to  conceal  it  from 
Mr.  Cottiogliam. 

Whereas  it  plainly  appears  to  have  been 
without  any  design,  and  only  Mr.  Elde's  mak- 
ing use  of  a  convenience  he  accidentally  bad  in 
bis  chambers. 

But  if  there  had  been  an  intention  to  con- 
•eal  it  from  Mr.  Cottingbam,  why  was  lie  the 
hand  to  convey  any  thing  ?  VVhy  was  ho  the 
person  to  brin^r  up  the  Insket?  Mr.  Cotting- 
uam  knew  0,000?.  had  been  offered  by  ano- 
ther, and  might  rathtr  guess  this  to  be  more 
than  less. 

And  had  Mr.  Elde  not  been  himself  examined 
(which  at  that  time  it  was  not  expected  be 
would  be),  and  Mr.  Cottingbam  proved,  that 
Mr.  Elde  had  told  him  he  would  give  5,000/. 
for  the  place  ;  that  another  offered  6,000/.  that 
he  had  told  me  of  it ;  that  Mr.  Elde  ofler  de- 
livered him  a  basket,  which  by  its  weight  he  be- 
lieved to  have  money  in  it ;  that  he  brought  it 
to  me;  and  that  Mv.  Elde  was  that  day ,  or  very 
soon  after,  admitted :  according  to  the  candour 
of  construing  my  actions,  this  would  have  been 
said  to  be  a  convincing  proof,  that  there  was 
6,000/.  in  the  basket,  or  more:  it  being  impos- 
sible for  the  avaricious  temper  of  the  earl  of 
Macclesfield,  for  his  impotency  of  mind,  his 
constitutional  weakness  m  uuttters  of  money, 
not  to  take  the  greater  sum. 

The  8th  Article  concerns  the  case  of  Mr. 
Thurston. 

There,  upon  Mr.  Burret's  death,  6,000/.  was 
offered  me  by  another  worthy  gentleman,  but 
Mr.  Thurston  was  admitted. 

He  says  he  gave  u|mn  that  occasion  5,000 
guineas,*^ but  that  all  above  3,000/.  was  re- 
turned. 

My  lords,  since  what  passed  relative  to  that 
wiaitcr  is  not  capable  of  proof,  1  will  not  trou- 
ble you  with  the  particulars  of  it,  which  might 
be  material. 

Mr.  Thurston  is  likewise  a  person  unexcep- 
tionable ;  Mr.  baron  Gilbert,  now  one  of  tfie 
lords  commissioners  for  the  custody  of  the 
great  seal,  gave  me  an  extraordinary  character 
of  him,  and  that  determined  me  in  his  favour. 

But  there  is  no  objection  to  him  neither,  and 
ther«'fure  there  needs  no  proof. 

This  is  the  state  of  the  fact  upon  these  two 
Articles. 

This  is  so  far  from  cxtortioD,  the  money  is 
Yoluotariiy  offered. 


[lS9fe 

So  far  from  avarice,  the  mater  sum  is  if* 
fased,  and  a  less  taken.  Ana  ertn  the  grcatcfS 
part  of  that  returned,  S,400/.  in  tbe  one  cm^ 
and  3,250/.  in  the  other. 

And  the  persons  socb,  that,  were  1  ts{v 
thfoogb  Westminster- hell,  I  cnonoteaalyfii 
out  two  better  men. 

Upon  tbe  whole,  all  that  can  bapretcmMii 
be  in  m^  bands  now,  upon  theee  roar  Arfieki 
conoeniiag  Mr.  Kynaston,  Mr.  Tho.  Bcssi^ 
Mr.  Elde,  and  Mr.  Thurston,  which  are  all  Ihi 
Managers  have  proceeded  ujkni,  rebtisf  H 
money  received  from  the  Masters,  is  bot  3,850^. 
that  IS,  1,B50L  from  Mr.  Elde,  sod  yXOL 
from  Mr.  Tharston ;  the  rest  having  brai  il 
returned. 

And  as  to  that  which  was  given  hmek  to  Mr. 
Thurston ;  he  has  sworn,  that  he  was  seat  lir 
several  times,  in  order  to  have  part  of  kii 
money  returned,  and  received  it  before  tbefint 
seal  afler  Michaelmas,  near  a  month  befimisf 
order  by  the  lords  of  tbe  council  to  call  fcr  ik 
accounts,  and  while  ev«»ry  thinff  was  is  thi 
same  state  as  when  he  paid  it,  andfrom  bhcti- 
dence  it  cannot  be  judged  to  he  any  thisgbit 
tbe  effect  of  generosity. 

Mr.  Elde's  was  not  retnmed  till  after  tb0l^ 
counts  were  begun  to  be  taken,  he  contimiiBf  t 
long  time  in  the  coimtry ;  but  when  he  esmeU 
town  be  bad  iL 


eifB 


The  9ib  Article  relates  to  100  guin 

me  by  Mr.  Tho.  Bennet,  upon  his  dii. ^  - 

bisoffice  of  Clerk  of  tbe  Custodieeor  luaaliei » 
Mr.  Hamersly. 

Tbe  evidence  is  qnite  contrary  to  the  Cbsrfi^ 
as  it  is  laid  in  the  Articles,  and  amonnis  bst  n 
this.  That  Bennet  having  agreed  to  dispose  of 
bis  office  to  another,  sent  me  a  present  ?§!■• 
tarily  of  100  guineas  upon  that  occa  ' 
though  I,  at  that  time,  knew  that  i 
been  given  in  the  like  case,  1  was 
with  that,  and  accepted  it. 

This  is  within  the  same  reason  as  the  CMI 
of  the  Masters :  it  has  been  practised  by  uj 
predecessors  as  a  right  of  their  oflioe,  *o||M 
dispositions  of  this  office,  and  others  of  tbe  liki 
nature. 

Besides  tbe  proof  of  what  had  been  paiili 
tlie  great  seal,  upon  another  disposition  of  ikii 
office  ;  il  has  been  proved,  that  another  of  nj 
predecessors,  tbe  late  lordCow|)er,dedarodlsi 
opinion,  that  he  thought  it  hia  right  to  barf  • 
present:  and  he  having  then  paswd  a  grssi  if 
this  very  office  without  having  had  a  preeiA 
upon  the  party's  having  pretended  andawoff' 
him  that  it  had  not  been  usual  to  give  any  iorlhit 
office  ;  he  expressed  great  disaatisfactioB,  td 
declared  that  ne  thought  he  had  been  nniieeirf 
on,  that  he  saw  no  reason  wb  v  that  office  siwsy 
not  pay  na  well  as  others  of  the  hke 
which  implies  botli  tbe  fact  of  receiving 
ties,  or  preseuts  upon  transfers  of  snc£ 
and  his  claiming  a  right  to  receive  them. 

As  to  tbe  discourse  Mr.  Bennet  nreice^  * 
have  hod  with  Mr.  Cottingbam,  llir.  Csrtiog^ 
bam  denies  it  $  and  ae  they  both  are  fudM" 


fir  High  Crimes  and  Mi*4tmtanort. 


A.  D.  1725. 


CIW4 


Manae«f9  to  this  point,  tUis  i«  m  cUsti- 
llween  ifieir  own  witnesses ;  aiiJ  ihat  can- 

Mid  to  be  provijil  by  them,  wbich  \% 
by  one  of  tlicir  wttne&seS)  and  jmii* 
Ldctiieij  by  lbi»  other. 
I  if  there  hud  tieeo  any  such  dis«oi9rie|  it 
I  brought  home  to  atfVci  me ;  for  lher«  it 
ftence  tliai  I  kiipi^  aoy  \W\f*^  of  it, 

1 10  (he  whtde  fact  wherein  tliey  ili^fer, 
Ir,  frtiiu  the  dmrftcter  that  lia»  been  j^iven 


to sNvenr  liiinielf  now  \iorih  no;litnj^«  AniJ,  to 
«lo  it  efTccttialfy,  he  fiijcks  not  at  oiiiMTig',  that 
he  bus  inort^ii|(ed  port  of  hisesUlo  for  nu»r« 
than  it  in  woith.  Vet  there  is  ujion  your  ton!- 
ahtps*  lobte  the  nartkutars  m^eu  in  by  him  t9 
the  Court  of  C'bancMy,  mierein  liia  estate^ 
liesideft  that  which  he  sayfl  he  pnrchiiset)  9irjc# 
he  wa^  Alafitcr,  op|keari  to  be  aboot  500/.  per 
anil,  and  he  owna  he  hnd,  when  lie  wui  ad- 
mitted, a  pNce  ibr  life  of  ^50/.  p*^  antj.  which 


Cottin^ham,  and  whathai  appean^d  of  |  he  after  diapoced  ot,     Ue  ^aye  he  wati  wortti 


ennet^  it  will  be  no  question  at  all,  which 
\  two  (diould  be  believed* 

the  10th  Article,  there  if  no  cTtdence 


lacxt  Article  ia  the  Itth.  And  the  tub- 
Tit  if,  *^  That  in  order  to  ad t once  and 
the  illeg'al  and  corrupt  giiin  arisintf  to 


'20,000/.  and  hnd  been  KuOicient  &titl,  but  (or 
thelo»!«e«  in  1720,  which  he  own«  were  ool 
kuowu  to  nae,  n'lr  generally  t*n?pectetL 

But,  my  iordd,  these  two  gentlemen  ar* 
makiij|,' tt»eir  ciiL-umitances  mean,  in  order  to 
get  buck  ilie  money  they  paid  for  their  offices  ; 
winch  they  could  noi  do  l»y  llieir  own  oaiha, 

, „„^^ . ^__j.  ^„ .  „„,.    -    direiilly  for  their  own  uses:  and  therefore  they 

from  the  sale  and  diflpusal  of  the  otficef    have  thought  fit  to  keep  back  so  much  of  tha 


Maatera  of  the  Court  of  Chancery,  to 
DO  of  the  truat  repotted  in  tiie  for  the  care 
lotectton  of  the  suitors,  1  did  admit  se^e- 
prsona  to  the  sjiid  offices  of  Masters,  who 
Ttime  of  their  admissions  were  of  small 
ttice  and  ability,  very  unfit  to  be  trusted 
lie  p^ai  sums  of  money  and  other  effLCls 
ksuitors  lodg^ed  in  their  hands.'* 
p  Masters  are  not  by  this  Article  charged 
ihe  warn  of  aov'^  other  qualification  whut- 
ir,  but  that  of  estate :  nor  is  there  ihe 
Uproof  or  pretence,  that  they  were  not  in 
Rer  respects  m^n  of  abilities  eqimt  to  the 
If)  be  dischargefl  by  them,  honest  and  un* 
jlionable  in  point  of  reputation  ;  but  the 
^objection  to  them  is,  that  they  wcrepcr- 

r'  a  smalt 
proof  o»  t  this  Article  if  thii : 

fy  have  oroiluced  three  orders  mode  in 
'nurt  of  Chancery  in  the  tuonihs  of  J  a- 
"  February  last,  whereby  it  appeared 
\  Con  way  t   Mf    Ky  nation,  nod  Mr, 
et,  (isd'not  at  that  time  brousht  in  all 
that  appearetl  to  be  then  in  their 
^on^'in^  to  the  suitors  of  the  Court, 
s  their  whole  proof, 
I  ant  <  II t tret  V  at  ft  loss  to  know  how  this 
■f  prove,  w  hut  ability  they 
-^  (if  their  res|>ecitve  Btlmis- 

I  Itiiii  they  are  not  of  aliility  now  to 
e  bidances,  merely  because  on 
tr  day  they  had  ni»t  paid  their 

iices  into  cmirt. 
if  tbtre  the  leaat  proof,  that  t  hud  %ny 
'  liuv[fect  their  ability  when  [  adioiiie'd 

;  Conway  Itad  an  estate  of  bctweeti  4  and 

II  WAS  represeoted  to  me  as  a 
.ajice:  now  il»8l  be  come?i  under 

F  Article,  to  swear  it  down,  he  owns  that 
sH  estate  of  A  or  500/,  a-year,  wrth 
uf}On  it  worth  S.iHKI/  and  had  likewise 
lifTK*  tn  money  m  the  fund";,  to  the  value 

wwi  elleeiiifd  «  man  of  a  fery 
aad  f uhftance*     lit  is  tkt  person 


money  of  the  suitors,  when  called  np<in  to 
bring  it  in,  that  ^  the  suitors  may  conqduiu  i^ 
the  Court  of  Chancery,  and  then  their  oathi 
may  be  made  use  of,  tor  the  suitors  to  found  % 
demand  upon  against  their  itredecessors. 

Aud  it  is  pretty  remarkable,  that  their  deB- 
cicncies  are  neither  more  n^t  less  than  th^ 
Bums  they  at  first  paid  to  their  prcdeces^rSt 
and  to  me,  upon  their  being  admitted  to  their 
resptctive  offices.  In  thiHi  therefore,  I  appre« 
bend  your  lor ^Ih hips  will  tbitik  their  oaths  art 
of  very  little  tbIuc.  It  is  hardly  to  be  ima- 
gined, that  they  should  buve  been  so  long  in 
their  ofhces,  and  have  just  saved  nothing,  nor 
wasted ;  aud  that  they  are  not  s  single  far* 
thing  cither  richer  or  poorer. 

But  whatever  your  lordships*  opinion,  with 
respect  to  that,  may  be,  I  own  1  cannot  but 
think,  that  there  is  something  very  extraordi* 
nary  in  the  attempt;  t  but  these  two  men  have 
agreed  with  two  IVIasters  that  were  in  possession 
of  two  gm»d  offices  for  life,  to  giveoDeof  thetn 
6,000/.  the  other  T,500/»  for  their  pluces  ;  and 
nriw,  that  they  are  got  into  pnsxession,  would 
have  the  mone^r  back,  ond  continue  in  tlie 
plac€S  too:  that  is,  in  short,  they  are  tricking 
those  blasters  out  of  iheir  places,  under  pre> 
tence  of  buying  tbcm. 

But  whatever  their  behavionr  or  their  ea- 
tates  may  now  be,  they  appeared  to  me  perfont 
of  reputatiott  and  fortune,  when  they  were 
admittfd :  and  I  do  not  ot^serve^  that  Vhe  Ar- 
tide  hath  so  much  as  suggested  that  1  kn«iv 
any  tjiiog  to  the  contrary. 

One  of  the  Malingers  wondered  that  I 
nhould  let  in  persons  of  no  tortune ;  and  he 
solves  it  only  by  tbifi,  llui  they  would  giro 
better  prices. 

That  had  been  something,  if  the  price  bad 
been  given  to  n»e;  but  leaves  it  incredible, 
that  1  should  let  in  any,  th^it  I  hrul  the  least 
siiiipicion  had  no  fortune  x  for  the  old  Masters 
to  receive  Cj,0O0/.  and  7^Z>00L  at  the  ^ama 
time  that  tbcy  renreaeot  me  acting  upon  Uie 
view  of  burying  the  Masters,  and  having  th^ 
whole*  prica  myself. 

Wbofs  I  was  to  haft  the  ivbole  prloe,  ta4 


10  GEORGE  I. 


1S95] 

tbe  umptation  was  greator,  there  if  tM>  pre- 
tence I  took  in  men  *ii'  no  fortone.  And  is  it 
possible  to  tbink  1  would  do  it,  where  tbe  Mhs- 
tern  were  Ut  have  tbe  price,  and  I  so  small  a 
|Ht)nortion  ? 

Ureat  stress  has  been  laul  on  comparing:  the 
•oniB  in  the  Masters'  hands,  with  their  estates ; 
hi  order  to  shew  their  unfitness  to  be  trusted 
witli  those  sums. 

How  that  proportion  is  to  be  adjusted,  I  own 
I  am  a  little  at  a  loss.  Here  is  a  Master  that 
hns  an  office  that  brinffs  in  a  considerable 
profit,  and  is  worth  5,0001.  which  cannot  he 
run  away  with :  he  has  a  handsome  visible 
cstute  of  4  or  500/.  a- year,  and  a  good  reputa- 
tion. How  much  money  may  he  be  pro|)crly 
trusted  with  ?  I  do  not  mean  as  a  borrower, 
who  may  be  presumed  in  some  want,  of  one 
sort  or  other,  hecauw  he  borrows :  but  as  a 
csHhier  for  the  suitors.^  There  are  very  few 
bankers  that  have  such  a  fortune  to  set  up  with. 
And  1  do  Bot  see  that  any  of  those  hankers, 
that  is  a  man  of  good  reputation,  and  good 
credit  (though  pei  haps  he  has  not  a  good  for- 
tune of  his  own)  is  thought  the  worse  of  by 
those  who  deal  H'ith  him,  because  he  is  trusted 
with  very  great  sums,  far  more  than  he  is 
worth.  The  more  he  is  entrusted  with,  the 
more  are  his  gains,  and  tbe  safer  all  think 
themselves  that  have  money  in  his  bands. 

There  is  in  tlie  close  of  tliis  Article  another 
charge.  That  "  I  did  publicly  in  open  court, 
fidaely  represent  tbe  Masters  admitte^I  by  me, 
as  pemoDS  of  great  fortunes,  and  in  every 
respect  qualified  for  the  trust  reposed  in  them, 
to  the  manifest  deceit  and  injury  of  the  suitors." 

My  tordii,  as  to  that,  I  think  nothing  can 
more  plainly  shew,  than  this  Article,  and  what 
has  been  said  upon  it,  tbe  forced  constructions 
put.  upon  what  1  do. 

Mr.  Waller  proves,  that  in  July  1723,  1  de- 
clared in  court,  that  the  *'  Masters  were  per- 
sons of  as  good  fortunes  aud  abilities  as  any 
set  of  Masters  had  ever  been  before  them." 
Which  is  spoke  of  the  whole  bo«}y  of  Masters, 
and  not  of  those  only  who  were  admitted  by 
me.  He  says  he  was  astonished  at  it.  But 
he  has  s^iven  no  reason  why.  ]f  he  knew  any 
thing,  that  any  of  them  were  not  such  as  I 
described  them ;  a  little  candour  would  have 
made  him  beliere,  that  I  was  not  rightly  ap- 
prized of  tlieir  characters  ;  and  a  little  con- 
cern for  the  honour  of  tlie  Court,  wherein  he 
was  a  practiser,  would  have  made  him  set  me 
rigiii. 

But.  my  lords,  is  there  any  reason  assigned, 
why  I  should  think  otherwise  than  1  -^pokef 

Mr.  Lighlboun  is  exaroiue<l,  to  prove,  that 
be  told  me,  some  of  them  were  suspicious : 
but  he  does  not  say  any  ^uch  thini^.  All  he 
says  is,  that  he  took  notice  to  me  of  Mr.  Dor- 
mer's misfortune,  and  told  me,  be  knew  not 
how  soon  tbe  like  misfortune  might  happen  to 
others ;  w  hich  might  be,  (ihoutf h  they  were 
all  sufficient)  if  the  person,  with  whom  they 
should  deposit  effects,  upon  going  into  the 
csountry,  should  fail. 


Trial  of  the  Earl  qf  Macdesfield^ 


[vm 


But  his  expressioo  n  a  little  remaiUUc; 
that  he  cannot  Say  be  told  me  any  of  the  Ho- 
ters  partictriarly  were  siHpicmus,  ■*  For  heM 
not  know  how  far  he  mvght  be  liable  ts  n 
action.*'  An  action?  What!  for  one  Mafer 
in(prming  the  Chancellor  of  the  circnmstsMa 
of  other  Masters,  in  order  to  have  proper  en 
taken !  Could'  he  fear  it !  Who  waa  to  be  tk 
witness  ?  What  must  be  the  ffrouiid  oftbe  k- 
tion,  if  he  told  nothing  bnt  wnat  wai  trnef 

But  I  think,  he  said  he  had  not  any  ptrt- 
cular  grounds  for  his  suspicion  ;  and  he  uji, 
1  was  unwilling  to  believe  it  of  any  of  then. 
Why?  Because  (as he  says  I  told  him)  1  hid 
had  very  good  characters  of  them,  and  tboe- 
fore  I  hoped  they  were  all  good  men. 

It  was  not  very  kind,  in  that  gentfeman,  to 
ca!l  it  an  unwillingness  to  believe,  there  w 
ground  to  suspect  them;  when  I  aadgned 
some  reasons,  why  I  should  not  sospectthcfli; 
and  he  gave  me  none,  why  I  should. 

So  that  here  appears  not  any  reason,  wbvl 
should  believe  otherwise  than  what  Air.  Wa&e 
heard  me  say. 

But  to  what  end  should  I  sa;^  it,  if  1  fid  Kl 
l>eiieve  it  ?  Or  how  were  tlie  anitors  injured, « 
deceived  by  my  saying'  so  ?  Mr.  Waller  w 
not  deceived.  Was  anjr  body  ebe  deorired? 
Or  could  any  one  be  injured  ?  Bat  they  Ian 
discovered  a  reason,  why  I  said  it :  They  ttj 
that  Mr.  Pdlowes  was  just  dead,  and  there  w» 
a  Master's  place  then  vacant :  and  tint  6ct 
thej^  have  proved.  Bat  can  any  thing  be  bmr 
strained,  than  their  infeienee  from  itf  Did  I 
design,  by  saying  these  Maslera  were  oes  if 
fortunes  and  ability,  to  raise  tbe  price  of  ibt 
vacancy ;  or  to  tempt  beggars  to  come  ii. 
that  cared  not  what  price  uiey  gave?  Doo 
not  what  was  then  done  clear  me  of  all  tospi- 
cion  of  that  kind?  Mr.  Bide  was  the  persat 
then  admitted,  a  gentleman  of  very  gsid 
estate,  of  very  good  character  in  Westmiaster- 
hall,  and  750/.  more  offered  by  anotbet;  ite 
was  no  beggar  neither,  refiised.  And  lAet 
that,  Mr.  Thurston  was  admitted,  prefersMy  id 
one  that  offered  6,000/.  Is  it  possible,  tbH  I 
should  give  better  proof  that  i  had  not  tbil 
avaricious  view  iu  it,  that  is  suggested  ? 

It  was  observed  by  one  of  the  geotlfna 
that  ooened  the  evidence,  that  this  was  upoai 
remarkable  occasiou,  when  the  Master  of  thi 
Rolls  had  made  an  order  upon  one  oftbe 
Masters,  to  make  a  suitor  some  compensili* 
out  of  his  own  money  in  the  blasters  haDdi. 
and  I  set  it  aside.  And  Mr.  Waller  liepa  10 
tell  something  of  the  merits  of  the  case.  W 
a  very  Ifamed  and  a  viry  judicious  gentlenias. 
one  of  the  Managers,  Has  pleased  to»av,  IVT 
did  not  di&pute  the  justice  of  my  order :  stf 
is  there  any  charge  of  such  injustice  io  ibc 
Articles. 

The  next  Article  is  the  istb,  which  «• 
forth, 

''  That  whilst  the  said  Thomas  earl  of  M^* 
elesfield  executed  the  office  of  Lord  CbaotcJ- 
lor,  as  unjust  and  franduleat  metfaud  waifri^ 


«97] 


Jar  High  Crimes  and  MUcUmeamrt. 


A.D.  1725. 


[1293 


tised  in  lfa«  Court  of  Cbanoery  upon  ihes^le  of 
offioet  of  Btaster»  df  \\w  nam  Court,  uik)  itpoi^ 
tli«  ii(lnibflit>D  of  itew  Mftstei's,  thai  the  priceti 
c»r  siinM  of  money  Sjgteed  to  be  piiid  tor  the 
|»UTcho*e  of  tUe  sraid  otEceu,  and  Ibr  Oif  aditiU- 
ilnn  It  ■    '"    "       I  ^janUnit  nf  the 

tu<it»i^  [«  111  I  he  Coiiit 

d«pi^iu  M  iii  »..-  .»-.». ^  <-.  ..».  kfs;it*ctive  Mas* 
ler«v^(i('r^04let  ilii^  lht*n-  offices,  or  d  vin|^ ;  nthcr 

liy  ^&V  of  rpLUtn*'^  "'   l^^^*  mirt'tcisp  iti  ihi*  luiiirlh: 

ef  the  Master 

lliouev  dUhiirseii  ;  i    ,        ;i    ^ 

sion  ty  ihe  ^uccceriing-  iVIaster,  out  oi  tiie 
tflonry  tiott  en»fit<*  of  the  miitort  comiog'  into 
'lifhaiid*;  by  which  |iriir.iice  the  |iric#»  «nd 
jue  v'l^Tfi  Huo!!  I  he  uale  of  the  saJd  otfii'^^s, 
•nd  *i''  t!iernato»  duHtijf  ih^lime  afore- 

said, i"y  advanfed,  and  fpvcral   per- 

tUDS  of  ((luul I  utility  auiU<'^  i»c/>U' 

rugged  to  contmrt  tor  the  tju  a 

•ctofthet^sy  nietl»o*i  dc  r   the 

i£i?  ok  lilt*  same,  by  ii»eart  irr^at 

ieji  have  inctirred  ifi  ih  '    -^* 

MaMt-rs  of  ilie  said  Con 
id  Thomas  earl  of  Maccii    ..^.:,   v. i,_:i 
iey  haye  not  he**!!  ahle  (o  aiisu  t-r  and  make 
d  ;  aint  i>lthft«.'h  t\w  said  pfat'tice  was  or>. 
trm(Mi  (-,  mid  thr said  Earl  ifrus  well 

infdni  r,  ntid  tuMy  acqnauited  lh«»re- 


ith,  y«t  likv  sij 

order  to  inci^ 

Lin  the  *»-!: 

R  tiiera  > 


larl  iif  [Vlacclet*5e}d, 
u  unjiist  ajid  ci*rru|>t 
id  otiices  uiu)  the  ad- 
I  eoii«(e4|uence  of  this 
til  and  received  by  hirii 
iHr  tiuituri,  for  ii-hoin  he 
t  lime,  whi!si  he 

Chancel  I ttr»  uiie 
,^.,i*  I  he  NirtI  abune, 
;    either  by   cAn?<irij* 
I       |irop«r  i^-hriiuif  ^tn  ot  the  money  anl^ 

•Aectji  of  the  ^  t'red  ofer  and  ifatis- 

^^faml*  or  bv  M|»j  iiy  (H^rsifft  in  bts  be- 

^^^^K|r  'f  su|»er\iiMr  the  tran«fer«  Of  de* 

P^^^BU-  .  or  m  any  other  m«Arter.     But 

'       OtI  the  cuiiLrai^  »  tlir  said  Thomas  earl  t>f  IVIac- 
cle«Held«  unjuvtiy,  exrrupily,  and   contrary  tn 
"lieduiy  of  biKMid  office  of  Lord  Chanceltor  (to 
Inborn  llie  ^up^ritlleud4^'ney  ot  the  »>aid  ^fasten} 
of  their  aecimalii  did  ap|i€rtainj  did  suffer 
>  laid  Irauduleut  (iractice  to  imiceed  and  he 
ed    withoiit    uny    controo)    nr    eli.    " 
by  jffeJii  eTidK^zhuiieiiiii  h^ve  lieeo  i 
fr  iuitorsj'  mon^^y  ""d  eifects,  lo  their  t;n-^..i 
lo«j(,  in  the  ofKeeif  ol  M'vera)  of  tiie   MMtdt^r^  of 
llie  ^nu^  r'oiiii   uiuif.n*.  1.4.1  >i.i>n  nblf  to  an* 

trust  re* 

rn  him  tor  the  (ire^ervation  ot  the  estates 

\'CtH  of  the  Miitom;  to  ibtj  dishonour  and 

iffdit  of  the  aaid  Court,  ami  to  tiie  ^v^aX  In- 

and  ddfiaudini^  of  the  %aid  tinitom  in  a 

ui^ Civility,  eitabliahod  for  their  rcti^f  ;md 

loo,'* 

My  Iifdf,  jQ  support  of  thia  Artiole,  tivo  of 
Maslvrm^  Mr.  Kynajktou  and  Mr.  Thomait 
!iini?t,  haira   aworn,  that  their  iiredt^ctssaoiy 
XV  J. 


4topi  the  nrteeof  the  placet  out  of  the  tuitori* 
money,  which  was  to  be  delivered  over  to 
them :  and  that  they  |ra?e  the  g^reater  price  for 
thtirpUr  ■  us'e  they  found  this  an  easier 
wiyofp  '  them*     Indeed  f  must  con- 

fess»  ibm  I     iifT  to  ttie  niauuer  of  proceed- 

injf  of  tli<  r  \\\'A  ;4»ntle»neu,  u  will  come  out  to 
be  an  exct^edin^  easy  way,  which  they  bur* 
difcof eiL^d  :  since,  it  they  can  prerail  in  thtir 
j»i>>.rnr  Htlempt,  they  will  have  paid  no  price  at 
Ucm ;  they  are  to  have  their  money 
.^iiin,  and  not  to  be  in  the  leant  impove- 
riabed  by  the  transaction.  But  is  there  an? 
pMof,  thlit  I  iriis  (>is  the  Article  chatj^cs)  we)t 
informed  ofjt  ?  Or  that  I  knew  any  lbiti((  of  it 
at  a))  i*  N'lt  in  the  lea&t,  hut  only  upon  the  oath 
of*  Mr.  Thotuas  Bonnet,  who  swears^  that  in  a 
conversation  wi»h  me  about  a  treaty  hettieea 
him  anil  ''  "  '  .icki,  I  took  notice  of  an  ar- 
ticle in  i<  1,  delivered  in  to  the  loi^ls  of 
the  councijj  v^iifriem  heraeniioned  f>,075/,of  hii 
cash  to  be  in  the  hands  of  pemuus  of  ability, 
fneaniafir,  as  he  alter  explained  iijnihc  tiaodsof 
Mr.  Hiccocks  his*  predecessor  and  myself;  and 
said,  I  wa*  sorry  for  it,  because  it  was  discover- 
mji  the  method  of  piiying*  for  their  places  out 
of^the  Court  money^  which  1  had  taken  care 
constantly  to  deoy, 

Tlu«  (siippuxiu^  my  meaning  to  be  what  h# 
wortJd  hare)  is  surprizintf.  He  6tty»,  that  at 
llie  bi^innin^  uf  this  diKCourse  1  was  so  cau* 
iious,  that  I  would  not  speuk  to  him  ab<»ui  re- 
tiiflitiijjf  tb'^  money  1  had  had,  because  proh^btjr 
he«.      '    'i  '  .UiutthatconreriiationiJi 

an  I  he  pretends  that  ill  ih« 

iMuii*- uuiiv*  r*>iur")u  i  loUl  him  tbiR.  But  doet 
einn  he  pretend,  ttiat  1  ever  knew  thiii,  whicli 
I  had  taken  care  lo  deny  ?  And  waa  ihiii  a  Itme 
ta  telf  him  of  it,  when  tie  aays,  I  expected  h^ 
mi^lit  probably  be  examioed  about  hiii  confer* 
sation  with  tiie? 

But  I  believe  your  lordships  will  not  gt?c 
him  the  least  credits  \n  this  or  any  tbioj^  else 
that  a/fects  mc»  I  bojf  leave  to  remind  your 
i6rd>*hlps  th^t  1  a«»ked  him  whether  he  did  nut 
then  tetl  tne,  that,  if  Mr.  Hiccocks  vtotild  ^\\9 
him  3,000/.  he  woMbI  pay  the  rent  of  the  money 
(which  %va«  to  shew  that  he  waj»  worth  at  x\\$ 
least  all  but  that  !i,uOC)/.)  He  dented  it.  Afy 
brd«(i  I  then  told  your  lord*thip$  I  could  not 
'prove  him  in  that,  for  I  cannot  be  a  wttne^a 
myself.    Tlierefoie  I  asked  him  to  unotber 

...,,  .r    ..I,,.....:..    ,r  »,..  ,i,.,t  ,,,,f   t,A\   « 


No. 


iitb^  1 
liim,  if 
,.:  .     .-        ,  lie  posi- 

He  aaid  there  waji  Aucb  a  re- 
At  lust  he  did 
own  that  he  hnd  .«aid,  that  "if  Mr,  Htccookf 
woulo  repay  9,000/.  he  would  Mand  it,  or  run 
tl)e  bastard,  but  never  told  any  body  he  would 
pity  the  lettt;  he  wa^  not  able.  But  Mr.  lloU 
lord  swears,  thnt  Mr,  ThomwH  Beimrl  seril  ft 


tlMl. 

hclu. 

lively  «aid, 

port,  but  he  denied  the  thing. 


iiKitf»4|»e  by  low  to  j\|r 

Hlr.       ■      '      ^  ■  • 

chin 

to  pwy  IT'"'  n  ^T,  !um1 


HiffockJi,   titut  tf  Mf. 
.r  he  wo  old  dll* 
iiut^  and  tuke  cars 
vtd  that  31  r.  Bru* 


not  wai  «bfe  to  pay  it,  ^r  he  vr<»u Id  u%\  \%i%* 
4U 


10  GEORGE  L 


Trkil  'if  the  Earl  of  yfacd^^t/iM, 


[ISN 


I 

i 


carried  ilie  iiiessaj*^.  And  another  geotlemati 
iwearVf  tliat  he  suiil  he  tvould  make  U  irp,  and 
a  thinl,  that  he  couUl  or  would  pai^  it.  bo  that 
he  »Uods  cooLradicted  in  this  particular,  ^rbicli 
I  apprehend  U  material^  t>y  three  witaessev. 

As  to  the  metliod  of  payment  mentioned  in 
ihm  Article,  it  is  stated  to  he^  that  the  **  price  of 
Cbe  oftice  waa  aatisfied  out  of  the  effects  of  the 
suitoi^,  either  by  way  of  the  retainer  of  the  pm- 
cha'ie  inouey  in' the  hands  of  the  Master  sur- 
tendering,  or  of  replacing^  the  money  disbursed 
for  sof^h  purchase  hy  the  succeed inu^  Ma&ter, 
out  of  the  money  and  effects  of  the  suitors  com> 
itig  to  his  hands  :*'  and  the  methods  suggested 
for  preventing  til  is.  art',  "  causing  proper  scbe- 
dules  lo  be  taken  of  the  money  and  effects  de- 
livered over,  or  appointing  persons  to  iospector 
•upervise  the  deliveries  ;  but  I  took  not  these 
measures,  nor  any  others^.** 

My  lords,  the  method  of  paying  by  retainer 
coaUi  only  be  upon  surrenders.  And  why  should 

I  there  assist  to  raise  the  price  ?  Why  assist  to 
gpet  a  higher  price  tor  one,  whom  I  was  to  have 
no  more  to  do  with,  only  to  hiive  a  poorer  mau 
come  in,  that  miL:hl  bring  disjj^ace  upon  the 
Co  I  lit  and  upon  me  ? 

As  for  tile  othet*  method,  the  replacing;  the 
money  (^id,  that  is,  as  [  understancj  it,  borrow- 
ing tlie  money  to  make  payment,  and  then 
wWn  the  effects  are  transferred,  discharg'itig' 
the  debt  f)ut  of  them  :  How  was  that  to  be  hin* 
dered  ?  Not  by  schedules,  and  seeing  the  ef* 
fects  ddirered  orer.  The  delivery  of  the  ef- 
fects is  necessary  to  put  that  method  in  prac^ 
tice*  &n«)  is  f^f  from  hindering  it. 

But  is  this  delirery  over  of  the  effects  so  very 
material  ?  Mr.  Meller  did  not  deliver  over  the 
effects  to  Mr.  Borrct  for  some  time :  had  they 
beeu  still  in  his  handSf  had  it  been  the  worse 
for  the  suitors  ?  Whatever  a  I^Iaster  does  not 
ileliver  over,  he  continues  responsible  for,  and 
the  suitors  have  the  same  security  for  them,  as 
they  had  before.  Hiccockft  and  Rogers  did 
tiot  dehver  owr  the  effects,  but  stopt  part  for 
paymeot ;  the  consequence  is,  that  they  are 
compelled  lo  bring  them  in.  Hud  schedules 
t>een  made,  and  the  effects  delivered  over»  and 
io  Kynaiiou  nod  Bennet  been  forced  to  purkue 
the  other  tnelbud,  the  suitors  bad  not  bad  either 
BiCLOcks  or  Rogers  at  stake. 

Indeed  1  never  apprehended  it  necessary  for 
me  to  see  the  orders  for  transfers  oWy^'d, 
any  more  than  any  other  orders  of  the  Coutt. 

I I  IS  tlie  mtrrest  of  the  new  Master  to  call  for 
the  i  fftcis,  mid  of  the  old  one  to  have  a  regular 
discluirge,  which  1  do  not  see  how  he  can  have, 
^viiboui  an  i  oven  lory  of  the  particiibrs,  ami  a 
receipt  II I Kifi  it;  wliich  is  what  1  understand 
to  be  A  ichednle,  though  it  be  never  filed; 
though  I  ttpprehuid  the  word  schedule  is  taken 
ui  a  differeot  sense  in  the  report  to  the  council. 
Ami  lim  I  did  Mieiri'  the  iutetest  of  the  parties 
had  made  tium  do.  Nor  !ms  it  yet  been  sbewn^ 
ihul  it  wua  ruy  duty  lo  look  utter  these  traut- 
fers.  By  ubiit  taw^  hy  what  ebtublished  prac- 
tice, where  doe-^  it  ajipeor,  that  a  chancellor  iea 
hitm4  IQ  Htm  such  8ciiediif«N  aiad«|  md  the  ef- 


fects transferred  f    If  it  Jw  liit  il0l|, 
doubt  there  it  iooae  me^hod^  by  nHbcli  it  mtr 
appear  he  has  discliari^ed  it,  in  case*  whovJr 
has  done  so.  But  is  there  evef-  any  entry  mair/ 
it  T  Are  the  sche^lules  fil«d  tritli  any  attjcstalai 
that  the  eftVcis  were  actual ty  ilehvereft  orirt 
presence  of  persons  appoiDtetl  by  UieLonlCtei 
cellor?  The  effects  m  Mr.  Holford*s  case  %ft 
delivered  over,  1  think,  tbe  tlay  of  his  lim^ 
tance,  iu  Mr.  Lovibond's  in  about  a  mttk,  a 
Mr.  Bennet's  in  a  short  time  ;   whrther  is  p> 
seoce  of  ms^jeclors,   appoiutctl    fur  ibit  pN 
pose,  or  not,  has  not  appeared.      Vet,  my  )«i^ 
the  question  is  not  nowr,    whether  it  be  viv 
and  better  to  haveschedules  pre|i«ret]  aw)  flH 
and  for  a  Lord  Chancellor  to  giire  ordentoai 
it  doue:    But  whether  it  be  Lis  iluty,ioli 
it  is  a  a'ime  not  to  see  it  dune  f    If  the  torn 
desire  to  have  schedules  filed »  tn  ordef  UW 
the  better  able  to  know  how  ruucb  ibt  if* 
Master  is  charged  with ;  it  is  tbeir  |NMt  topon^ 
£iud  make  application  ;  and  upon  nnrh  ifffci 
tioQ,  it  IS  the  Chancellor's  part  to  unftkc  ffnfi 
orderi ;    which  they  agam  are  to  take  caif  H 
draw  up,  to  enter,  to  prosecute,  mod  ace  en* 
cured.     And  as  to  my  desire,  mid  mteniimif  u 
increase   my  own    unjust  gaiu  ;    which  ii  i« 
give  the tiucture  of  guilt  to  \}--- ,    -  '  makfj 
criminal;    can  it  l*e  ooDceiv  I,  tli* 

take  tiot  advantage  of  a  liighc  i^..^,.,  wUfi  1 
may  have  it,  should,  in  order  to  raise  the  |rio^ 
Infuse  to  check  a  practice  which  the  llf»MI 
are  supposed  to  make  use  of,  to  ihe  pn^uAel 
of  the  suitors^  and  only  for  their  own  g9Ukf 

The  13tb,  lith,  t^th,  16tb^  aod  I7llll^ 
tides  all  relate  to  Dormer's  affiur  ;  sad  Cis* 
tain  several  supposed  stralagetns  to  oooceil  hm 
deficiency  :  ait  tbuuded  upon  tlie  ssjiie  fitv, 
and  to  prevent  the  gain  upoa  sale  of  vAem 
from  being  lessened.  Without  that  visv  U 
gain,  I  do  not  see  any  thing  in  these  Arncla 
that  is  criminal.  Aud  therefore,  if,  in  y«ir 
lordships*  judgment,  I  sbaU  staiid  aoquatlsi  d 
that,  upon  a  full  examinatioii  how  ray  biflf 
stood  affected  in  that  particolar^  I  ihiak  all 
must  fall  to  the  ground. 

As  to  the  13lh  Article  parii 
forth,    **  That  from   an   appi 
public  discovery  of  Dormer's  dettciency  nug^v 
lessen  the  uniust  gain  I  proposed  to  mskt  ta 
myself  by  seUing  and  dispqping  the  offices  «f 
Masters,  I  neglected  and  declined  either  to  i 
cure  bis  persou  or  estates,  or  to  mak^*  a  pi 
eoi|uiry  into  the  deBciectcy  ;    hut  endeavoa 
by  many  indirect  practices  to  r  '  iioml 

Kuitors  the  true  state  and  coofli 
as  well  with  respect  to  h»  effect-^ ^  u?i  lo  h^^ 
to  the  suitors.'^       Aud  ihe  latter  |iarf  of  Ait 
Article  says,  "  That  uj>on  motion  ntade  inl'  ' 
Court  of  Chancery  (alter  I  knew  Dortner  1 
absconded)  to  hare  the  etfects  of  aouie  of  I 
suitors  transferred  to  another  Bf  osier  for  I 
securing  them«  I,  to  delude  the  suitors  tnf[ 
lief  that  the  effects  were  safe, 
vent  a  public  enquiry,  there  b 
ties  nei^d  not  be  iti  baale,  that  Uoitttvr  wlSt 


1301] 


far  High  Crimes  and  Misdemeanon. 


A.  D.  1725. 


[ISO* J 


fOD«  to  take  the  Air  in  the  country,  that  he 
wotiUI  return  in  a  little  time,  and  all  would  be 

(ell," 
I  As  to  this  latter  part,  they  ha? e  not  so  much 
I  examined  a  wittier  to"  prove  it:  So  that 
tint  evidence  has  Wen  uifered  upon  thi^  Ar- 
ticle, amotinuintrutti  to  no  more»  than  a  prwif 
of  Dormer's  bem^  deficient.  But  as  to  any 
^ideaTour  of  mine  lo  conceal  the  ^late  of  that 
tflfair^  or  any  refuiai  or  neglect  to  do  my  duty, 
there  ta  no  proof. 

It  appears,  that  he  went  off  in  Novemljer 
1790,  that  Ilia  clerk  and  his  Her7antSf  by  his 
order,  jjare  out,  that  he  wm  only  gone  into 
the  c^mntry  for  a  whde.  But  he  was  ^tme  into 
Holland  for  fear  of  a  gaoL  I  knew  nothinjir 
Wti^  till  afler  Chriatmaa,  and  then  all  tite  steps 
H^c  taken  that  were  thougrl^t  most  likely  to 
^|M  a^  much  af  poasible  for  the  suitora.  Hih 
Cbtmbera  t^ere  searched  by  sume  of  the 
y  and  directions  were  i^iven  to  stop  the 
log  his  effecia  in  the  public  funds, 
wat  carriei(  on  so  far,  tbnt  be  vtas 
|»ped  of  all,  and  with  tears  begged,  that  ap- 
ntion  lihould  be  made  to  me,  for  8ome  al* 
out  of  it  for  his  i&ubfiistence  ;  which 
CotUn^ham  refused,  because  the  estate  fell 
tbort,  and  he  knew  1  could  not  order  him  the 
inooey  of  other  ]>eople.  And  it  is  not  now  pre- 
tenileo,  that  any  thing  wasi  not  discovered  by 
bitD,  but  only  a  parcel  of  hops  ;  and  that 
fitaifijy  was  not  concealed  fraudutenlly  ;  for  he 
made  no  advantage  of  it  \  the  hops  are  UDfold 
to  this  day. 

But,  the  charge  of  concealing  Dormer's  af- 

t*  behig  the  foundation  of  so  many  Artie  I  es^ 
o  roe  leare  here  to  say  something  of  it, 
Itgh  they  have  made  no  proofs  of  it,  or  of 
Ifae  other  f^cti  in  this  Article/ 

My  lonls,  he  going  away  in  Noveml»er,  and 
never  appearing  more  in  court,  or  in  \\\u  office, 
Iml  moot  her  put  into  his  place  in  May  ;  it  is 
IPIpOWble  his  failing  was,  or  could  be,  kept  a 
tecret.     Must  not  all  the  suitors,  wbo  had  mo- 
ney in  his  bands,  know  that  he  was  goneP 
^or  my  own  part,  I  never  imagined  tt  was  a 
Bferet,     And  aa  they,  and  their  agenta,  could 
HKl  but  know  what  was  doing  ;    had  tbey  not 
lirea  aatisfied  that  the  Court  was  lakiitg  the 
licst  liteasures  to  makeup  the  deficiency,  would 
ty  not  hdve  made  apphcJition  tor  some  relief? 
iltd  believe  the  Maiiters  would  make  it  good ; 
C'  '  »  swears  he  told  me  so  from 

n  :  1  dors  nt»t  now  rightly  remero- 

I  answered  not  at  first  very 
It  were  before,  or  after  No- 
vlien  the    second  letter  about 
wrote.     lint  of  nccetsity  it 
K.r.Mv..  i>ir,  Edward*  say«, 
I  vvmild  be  made  up, 
\mf\if  made  Matter, 
iy  Xl'll ;  and  it  is  not  pretend- 
s>i  any  thou({ht,  that  it  sliould 
iiher  way,  btil  bv  tbe  Mnstfrs, 
•-.  too,  iomr  of  tfie  Masters  told 
- 1  p  ;  he  do«s  not  remember 
^  should  be  made  up;  but 


I  think  he  saya,  bethought,  I betiev^e  the  thin 
appaks,  it  could  be  by  nolxxly  pise  but  th , 
Masters.  And  even  yir.  Lit(hilH)un^s  If  iter  iif 
17S'2,  takes  notice  of  it  as  a  tiling  always 
tmder  deliberation,  how  the  Masters  §houl4 
make  it  up  ;  and  that  he  differed  from  the  re 
ouly  in  the  manner;  and  insisting  that  at  th 
same  time  care  should  be lakin,  tb nl  the  likt*  ac 
cident might  not  huppen  niifuin,  ami  they  be  < 
posed  to  another  corilribulion.  It  i  waA 
credulous  in  believin^^  tbifi,  Rure  it  is  no  crime. 
And  I  am  apt  to  think,  yotir  lord»hi|is  will  be  of 
opinion  that  the  suitors  believe<J  tUe  snme,  or 
those,  whose  money  lav  so  that  it  mi^ht  pro- 
bably cODtinue  some  years,  would  have  applied 
to  hare  ao  accoiiut  taken,  and  that  their  pro- 
portion Bbould  be  reserved.  But  nothing  of 
that  kind  was  done  by  them.  Afterwards  there 
breaks  out  a  dispute  between  the  Masters,  and 
the  Master  of  tbe  Il<dls  ;  thereupon  I^lr  Ltght- 
boun  informs  your  lordships,  that  many  ordera 
were  made  in  prejudice  of  ibe  Muster* In  other 
branches  of  tbeir  ofticej  the  laogoage  of 
the  court  varied  (as  he  expres^urs  it)  in  oiders; 
and  the  money  put  into  another  channel ; 
wherf^by  they  lost  not  only  any  ailvuntago 
that  might  be  made  of  the  inoney,  but  many 
fees  and  perquisites  that  aro^e  thereupon,  and 
in  the  other  branches  of  thei|giffice.  Had  not 
this  hapnened  orshouldit  be  cured,!  am  pejf- 
suaded  that  Dormer^s  delicieocy  would  all  bit 
made  good.  Contrary  measures  may  pre* 
Teuiit, 

There  was  some  little  reflection  made  upou 
that  part  of  the  evideuce,  which  relati^d  to  tbe 
Diesffage  I  first  sent  to  the  Bank  ;  and  also  for 
that  the  order,  which  was  alVerwards  sent,  and 
a  copy  of  it  read,  was  uever  eutered  vuth  tbo 
Reijister. 

But  your  lordships  have  had  an  account  that 
the  effect  of  my  message  to  the  Bank  (thougli 
there  was  no  formal  order  miide)  wus,  that  a 
memorandum  was  entered  in  their  lio<»ks,  that 
no  trani^ler  should  lie  made  without  lenTp  from 
the  Court  of  Directors,  or  Couit  ol  Chan- 
cery, which  had  the  desired  effect.  But  it  is 
true  1  made  no  fonnal  order,  t^CAuse  1  did  not 
apprehend,  th»t  I  had  authority  to  hinder  thetn 
frf»m  permitting  (tim  to  transfer,  by  an  order  of 
Court  to  be  entered  in  a  cnuse,  wherein  they 
were  no  parties.  And  that  which  was  sent 
after,  was  only  to  deliver  them  from  the  re- 
straint they,  it  seems,  looked  upon  themselrrt 
to  be  under,  by  that  message  j  and  to  answer 
the  entry  in  their  book. 

Atjd  as  to  its  not  being  entered  ;  1  mm^l  like- 
wise observe,  thai  even  the  directional  sent  in 
November  la«it  to  the  Mnstcm  by  ii<h  ice  of  the 
committer  -'*"— i.v'il,  for  prepminc;:  nnd  bring* 
ingin  th'^  s,  were  nevrr  rhicn-d  ;  and 

yet  thts  f^L  .  M.  ;  will  not  iutsiy-fiU',  that  that 
could  be  with  a  design  to  hure  it  kept  se- 
cret ;  l)ut  the  true  and  only  reason  of  il  wh<i, 
thitt  us  are  not  m^estnarvi  but  in  ad- 

ve»*  «  ttr  unless  there  be  04-ra«iion  to  en* 

force  tbe  «*)t4  i  utiou  of  such  orders  by  the  pro* 
cess  of  the  Court. 


{ 


4 

I 


ISOSJ 


10  GEORGE  I. 


Trial  of  ike  Earl  ofMaede^ield^ 


[1901 


But  they  charge  and  ar|^,  although  they 
have  pro? ed  nothing,  that  1  ha? e  neglected  my 
duty. 

My  lords,  it  is  proved  that  1  did  a  great  deal 
more  than  they  have  proved  to  be  my  daty. 
^od  irhat did  1  omit? 

Obj.  I  did  not  (say  thev)  secure  his  person. 

Resi).  My  lords,  was  that  a  crime?  He  was 
hi  Holland  out  of  my  reach.  When  became 
into  England,  it  was  to  deliver  up  all  he  had  to 
the  suitors,  and  on  promise  of  liberty. 

But  if  I  had,  would  that  have  been  of  ose  to 
the  suitors  ? 

Obj.  1  issued  no  sequestration  to  seize  his 
estate. 

Resp.  The  estate  was  got  without  one,  which 
is  much  better.  The  most  usual  allowance 
upon  a  sequestration,  is  6s,  Sd.  a  day  to  every 
one  of  the  sequestrators  that  are  employed  to 
put  it  in  execution,  which  would  soon  have  eat 
np  great  part  of  the  estate.  And  I  i\o  not  know 
thai  the  sequestrators  would  have  found  out  the 
poor  parcel  of  bo|i8,  which  is  all  that  was  not 
ffot  then ;  and  it  was  not  embezzled,  but  has 
been  brought  in  now  witho«it  the  help  of  a  se- 
questration. 

bbj.  I  did  not  examine  him  upon  iuter- 
rogatorics. 

liesp.  I  ordered  Cottingham  to  uropose  to 
the  Masters,  whether  they  would  nave  one; 
and  they  thought  he  would  make  a  fair  disco- 
▼ery  witliout,  and  were  afraid  lest  that  appear- 
ance of  distruiit  and  hardship  might  drive  him 
away  again,  but  if  they  sbfuild  find  it  requisite, 
they  would  apply.  "No  application  was  ever 
made  to  me  to  have  it,  nor  does  there  any  frau- 
dulent concealment  apjiear,  nor  any  thmg  di- 
verted from  the  satisfaction  of  the  suitors.  And 
if  he  made  a  fair  and  honest  discovery  of  all, 
what  imports  it,  whether  he  were  sworn,  or  not 
sworn  to  it  ? 

But  I  would  beg  leave  to  ask,  why  should  I 
neglect  what  was  prosier  ? 

The  reason  they  assign  is,  that  if  I  bad  done 
these  things,  it  would  have  made  a  noise,  and 
brought  the  matter  out. 

My  lords,  what  could  make  a  greater  noise, 
than  that  a  Master  in  Chancery  a&onded,  and 
no  money  was  received  or  paid,  nor  businesa 
done  in  his  office  from  November  to  May,  and 
then  another  put  in  his  place. 

One  of  the  geotlemeu  expresses  his  astonish- 
ment, how  it  could  enter  mto  my  heiirt,  tha( 
this  could  alwaj's  be  cnncealecf,  or  that  so 
ghastly  a  wound  could  ever  heal  of  itself,  with- 
out the  appli<  ation  of  proper  remedies. 

My  lords,  it  is  yet  more  astonishing  that  it 
•hould  enter  into  my  heart  to  endeavour  to  con- 
ceal it,  for  those  reasons  which  he  supposes  I 
bad  in  view.  And  1  should  have  thought  the 
arguments  that  raised  his  wonder  at  my  iiaving 
done  so,  strong  arguments  that  1  never  did  it ; 
and  indeed  it  »  impossible  I  should  endeavour 
or  ho|i«  to  conceal  that,  which  1  knew  was  so 
m^ortous  and  publicly  known.  Nor  was  I 
witliout  eodeavaun  towards  heaiuig  th#  wound  s 


some  of  those  endeavonra  are  attenpled  aow  ts 
be  made  part  of  my  crime. 

The  Uth  Article  lui^geits,  ««  Tbat  the  sail 
Fleetwood  Dormer  bavioff  towards  satisGKtiM 
of  the  suitors  of  the  aaid  Court,  assigned  a 
Henry  Edwards,  esq.  f who  aucceeded  hiai  is 
his  office  of  Master  of  the  aaid  Court  of  Chai- 
eery)  a  debt  of  S4i046/.  4s.  or  aome  otiier  gnU 
sum  due  from  William  Wilsoo,  a  banker,  tt 
the  said  Fleetwood  Dormer,  to  the  iotcut  Ihit 
the  money  received  on  Uie  aivionnl  ihcssof, 
sliookl  be  applied  and  disposed  of  as  the  Mil 
Court  ofChancery  should  or^r  and  direct,  tbt 
said  Thomas  earl  of  Macdeafiehl,  whilst  hi 
continued  Lord  Chancellor  of  Great  BMa, 
for  the  unJawiui  purposes  aforeaaid,  without  !•• 

Erd  to  the  interest  of  the  auitora,  by  cokrar  if 
\  office,  did,  in  an  unwarrantable,  elands* 
tine,  and  unusual  manner,  aothoriza,  dirte^ 
and  eatablisb,a  precarious  and  trifliog' fionps- 
aijtioa  with  the  said  William  Wilaoo,  upoa  thi 
terras  of  the  said  William  Wilson's  paymg  ths 
sum  of  1,463/.  9«.  Id.  and  aasigning  tOjWL 
part  of  a  debt  of  fi^peoL  13s.  M.  ftreteaddl  W 
be  due  to  thes^id  IVilliam  Wilson  frum  Bd^aiii 
Fruiter,  or  to  that  effect,  in  discharge  of  thi 
v^i<l  debt:  and  to  tbatan^,  u|mn  tha  lapsftif 
Juhn  Hiccmckf ,  esq.  then  one  of  the  Hasten  if 
tbf^  ^aiil  Court,  without  any  attendance  ordsiii 
w  Lutd  thereupon,  and  without  notice  to  theini 
auitora,  did,  by  f  private  order  not  made  in  flfff 
Qourtf  order  the  said  flenry  £dwanls  to  9^ 
cept  of  the  said  composition,  in  full  diacliaifi 
of  the  said  debt,  which  said  Edward  Fodiw 
was  a  person  insolvent,  and  haa  since  abwindU 
for  debt,  and  none,  or  a  very  small  part  ot  tht 
said  10,000/.  has  been,  or  is  very  lively  to  bt 
received." 

This  Article  your  lordships  ohserra  reklH 
singly  to  the  composition  with  W^ilson,  wbick 
is  charged  to  be  authorized  by  me  to  the  la- 
lawful  purposes  aforesaid,  that  is,  to  oobcmI 
Dormer's  deficiency,  and  keep  up  the  priccsflf 
the  officea. 

SSup|>ose  this  transaction  bad  been  poblie, 
nay  suopose  Wilson  bad  been  openly  sued  for 
this  debt ;  would  that  have  fallen  ihe  priee  if 
offices,  f>r  discovered  Dormer's  deficiency  ?  If 
his  absconding  and  assig.'iing  his  place  to  Mr, 
Edwards  did  not  discover  it ;  would  the  naof 
of  his  as9i(f nin((  this  debt  to  Mr.  Edw  ards hsff 
discovered  it  ?  W  hat  end  then  could  the  pri? icf 
of  this  transaction  serve  ? 

But  though  it  does  not  answer  the  pnrpow 
that  is  charged  ;  yet  it  is  insisted  upon  to  kt 
prejudicial  to  the  suitors,  and  giving  op  a  gnd 

Sart  of  the  money  due  to  them  from  n  ilaon,  aai 
one  in  a  clandestine   nuinner,  and  vrithodt 
their  knowledge. 

What  proof  theu  is  there,  that  this  oompod* 
tion  was  prejudicial  to  the  auitora  ?  A  small  aai 
it  is  indeed,  but  tor  a  desperate  debt ;  aqd  whrt 
proof  is  there  that  they  could  have  bad  a  bctwri 
or  that  it  had  been  better  fo  have  had  aoaer 

|t  is  said,  that  Wilson  pfid  tn  «opa  if  li 
eraditoiB  their  whole  dabia. 
8 


IS05] 


Jbr  High  Crhnei  and  Mhdaneamn* 


A.D.  1725. 


[IS06 


It  IS  Uut  Uial  wftB  flftidt  hat  it  bfts  DOt  bem 

^Boveil.     ir  it  had  been  pit»r(Kl,  Arnl  the  dr- 

^buMttinces  ilieoriif  probably  it  wauU  have  »[»- 

^PNtreiJ,  that  be  baii  a  iMurttoyUr  ^icw  In  pay  iiig^ 

ihime  tbcif  wtiol#  dabis,  •n«l  tt  iiiiglit  Ue  tiiore 

bencficin)  ta  him  to  dtj  ao,  ar><1  ket^p  Xhtm  bit 

AiruiU  ;  thnn  if  be  liod  paid  thriu  only  n  part, 

u  be  ilid  to  lijs  other  orediiora. 

And  Nfuall  &b  the  stim  is,  my  itorde^  give 
me  lesive  t4»  nay,  it  bad  never  l>e«o  got  in  tor 
the  benetit  o(  the  luitors,  if  Uii^  compoiiitioii 
htd  nrK  been  made.  So  that  2,4(Sd/.  has  been 
got  for  ihi§  oreititors,  ihoug^h  no  more  sbtiiild  be 
rei^ovcreil  fiom  Foulteit  tlinn  the  1,000/* ah 
teady  gi>t  fram  bim ;  nliere  ooltiin^  bad  else 
hma  bftd,  for  what  appears. 

O^*  Bui  Fuulter  waa  initufHcient^  and  the 
Aium^gu^ii  frotu  bim  worlh  uothin;^* 
Reap.  Ai  to  PouUir's  circurosUinfes  at  that 
lime:  Home  |>crsons  have  been  called,  who 
hft?»*  pn>VHl  (it  if  true)  that  he  wua  iofiulBcient 
at  that  tim<'.  and  could  not  pay  more  tl»an  3  or 
4,000L ;  but  the  same  witn«M»e8  |five  an  ac- 
count*  that  hii  ill  circytnatancea  were  fheti 
known  but  to  four  or  ^ye  per«ona  of  hia  ao- 
qutinianoe,  and  that  by  all  other  people,  who 
had  any  knowledge?  of  hiuk  m  \\m\  Umr,  he  M^ag 
tooked  upon  to  be  very  AutHciiut  ;  be  had  \t(i 
«»ff  hia  buHineaa  upon  bavin^r  raised  an  estate  ; 
he  WW  of  ^ood  reputAtiuii :  he  livtfd  at  Hackney 
ill  a  bonne  makini;  a  geod  apfieoj-ance^  with 
gttod  foi  nituret  mid  »  ^reat  quaniity  ol  plate, 
till  the  lAst^  till  the  tin^e  of  bi^  being  ptit  in 
prijfon,  which  was  not  till  laat  year,  that  be 
■urffiidcred  himaelf  in  dischargee  of  hia  ImiL 

But  ffuppoae  he  was  not  aufiicient,  bow  doe* 

that  iiffirt  mt ;  [  w«i  not  obh^eeii  to  concern 

piyseir  with  it,  and  left  the  composition  lo  the 

minagecneot  of  the   !^Iaiiers;  ihey  made  itt 

Jiyinfthad  awoni  an  atlidavit  in  wriiin^,  of  bia 

^^^^■taticea,  and  Uiia  waa  ma  much  as  he 

HB^P^y  to  tbeiuitorar  Mr.  Hic-cotkit  a  i^en- 

tlemao  of  very  ^ood  rrputiition,  was  the  Ulaater^ 

be  bctn^  then  aeuior  Master,  to  whom   I  r«- 

ferrtfd  the  cotMrdetMtion  of  il,  according  to  th^ 

coaneof  ibeCouit;  he  w^a  ntmu  hia  ontk  in 

what  be  acted  therrin,  &nd   maide  liia   report, 

tbtt  he  was  of  opinion  this  couipositiofi  would 

be  for  tlie  advantatfe  of  thoae  to  whom   the 

mooey  wat  to  be  paid.    And  upon  that   I 

gronnded  the  order. 

OhL   But  the  suilora  bod  no  notice  to  db- 

gplpit. 

^■Kef p.  Ttie  con^^qurntre  of  that  in  only,  that 

^K.  Edwurda  bein^  I  heir  tri*al«e,  ai*d  VVitaon 

^■owin^  iti  whjitt'Ter  auM  be  du»e  between 

Hbin  WMuld  not  bind  ibe  ttuitorm,  if  it  were  any 

'  tVM  delritnenuU  to  ibein :  l*herefi>re  tkey  have 

thenrnpHt  of  all  that  has  been  «(ot  in  upon  it^  and 

la  right  to  eni^uire  iat<^  the  Irne 

♦  *  of  Mr.  VViJaoo,  aa4l  t«  recoter^ 

m    |irutHirltuo   wttb   Ima  otiief   crvilitors,   any 

SA^^eta  pa  ahall  apf<v  i»  bAre  uolairly  oen  • 
ted. 
Jpon  ibe  whobe  of  thia  malter,  caotd  the 
U9f,  Of  I,  have  any  indirect  end  lo  acrve, 
mng  Wilaou  to  com  pound  at  ma  tindef 


rale  ?  (t  ia  not  preietided  I  knew  htm,  or  eould 
intend  him  a  favour.  >V  hy  then  ahould  1  da- 
ai^nedly  It^^Keu  Uortucf's  fuml,  whicii  waa  be* 
lore  detictent,  and  which  I  weis  endcnvoudn^  tf 
mftke  np? 

01>j.  But  it  is  aaidp  that  thia  waa  by  my  i 
reciion. 

R«ip.  Suppose  it  were;  they  have  i 
proves)  any  tnnig^  to  induce  a  suspicion  that  it 
was  not  perfectly  innocent,  nay^  beneficial  to 
hia  suitors,  or  probable  to  be  so. 

But  the  proof  i«  ontv,  that  Mf.  Edwarda 
spctke  to  me  about  ir,  and  asked  me,  if  he  mii^ht 
cum|Hiund  it  of  himself.  1  thought  not :  But 
Mr.  Hiccocks  having  anerwurds  informt^^d  bioi 
that  it  was  uitual  to  do  thio<;fg  of  that  kiud  upon 
a  report  grounded  on  the  p^irty's  oath,  and  an 
order  founded  thereon ;  he  proposed  that  method 
nnd  I  thou^bt  it  might  be  ao  done.  Aod  ht 
did  it. 

But  whether  thia  waa  prudent  or  imprndent ; 
where  in  the  crime  ?  This  tended  nothing  to 
conceal  Dormer's  aflairs:  he  waaknoun  to  be 
broke ;  and  Wilson's  debt  was  esteemed  de^ 
s|ierate.  There  wai»  no  other  view,  nor  could 
be,  hut  to  ifet  somewhat  towiinls  Dormer's  de- 
ficiency, nm\  nobody  is  at  all  hurt  by  it. 

Ohj.    But  this  was  tinusuaK 

Rc*p«  In  what? 

Obj.  No  day  was  appointed  to  hear  couoial 
upon  it, 

Resp.  My  lords,  there  waa  uo  occasioo  for 
counsel ;  there  was  not  hi  tig  tor  counael  to  be 
begird  to  ;  there  was  nothing'  for  them  to  arf^ne. 
The  ordor  Is  in  direct  purv^uance  of  th^  rrport. 

Indeeti^  upon  carelessly  reading  the  Article; 
one  would  imat^ine  the  charge  to  be,  that  tt»ia 
was  an  order  made  upon  Mr.  Ednnnb^  without 
givrini^  him  notice,  or  hearing  counsel  for  him. 
And  that  i«nuld  be  very  uuusuul  and  unjust;  if 
it  Were  not  th^it  tt  ia  oidarod  ypoo  fata  own  pe* 
tition,  and  at  hi«t  own  reqoeat. 

Your  lordnhipa  v«iK  likewice  obaenre,  that 
thia  was  the  3d  i^'  August,  atkr  tbe seals  were 
o¥«r ;  ami  if  1  moat  have  appointed  it  !•>  come 
an,  U|>on  a  public  day  (not  to  have  it  concealed) 
it  minit  have  wakeil  till  OcUiher;  and  by  that 
time  WilnoiH  and  bis  effects,  might  probahfy 
have  b»»«(n  gooe^  and  the  opportunity  oi  getting 
any  tbin^  (ost. 

As  to  aoma  few  iitw  obaerratioiia  made  ummi 
reailing  theaa  proetadbyi,  1  ••«  Ml  ko«v  ifcaj 
tend  to  ^ove  any  ortme  looie. 

Ohf.  Thryarenatftled* 

rteitp.  That  ia  not  my  aifair.  And  if  tboy 
are  iirver  Hied,  tliey  will  affect  nobody,  and 
cannot  poaaibly  do  l»arm. 

Obj.  Some  lioea  or  words  appeared  rased 
tmii  which  import  lliat  Mr»  Edwanls  sbouM 
bo  iodaniMfiod. 

Reao.  H  fae  actod  fairly  iif  this  mailer,  \m 
would  lie  indemniht:d,  Uiough  these  words  w«m 
not ;  aod  il  he  did  not,  they  ought  aot  lo  bo  ia. 

ill  abort,  here  is  oot  ilia  ieaat  eviilaoea,  biil 
that  Ibis  oampoiklioo  ipia  made  with  a  t itw  to 
if  iBOch  aa  cootd  bo  for  ibe  auitora,  out  of 
dfibi;  tb«r»  boobody  biisl  by  tt; 


1307] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdetfiddp,  [1906 


mod  if  it  be  not  of  advantage  to  the  luiton,  they 
nay  avoid  it. 

The  16,  16,  and  17th  Articles  were  opened 
together :  But  one  gentleman  spoke  more  par- 
ticalariy  to  the  17th,  as  being  of  a  different 
nature  from  the  others ;  and  therefore  I  will 
•peak  to  it  separate!  v. 

The  principal  subjects  of  the  15th  and  16th 
Articles  are  4,500/.  raised  by  the  Masters, 
«nd  1,000/.  by  myself,  towards  Dormer's  de- 
ficiency. 

In  the  last  Article  1  spoke  to,  the  crime  was, 
lessening  Dormer's  effects  by  a  trifling  com- 
position ;  in  these,  increasing  them  5,500/.  is  a 
crime. 

At  first  sight,  one  wouldt  hink  this  commend- 
able ;  but,  by  1  know  not  what  fatality,  every 
thing  grows  criminal  by  my  haying  any  concern 
in  it.  My  intention  infects  all.  It  is  said  that 
I  intended  by  it  to  carry  on  my  corrupt  pur- 
poses, that  isy  as  one  of  the  gentlemen  e:qplained 
It,  to  conceal  Dormer's  deficiency. 

But  all  that  appears  upon  the  proofs  offered 
relating  to  my  intentjon  is,  that  here  was  a 
Strong  desire  to  make  good  Dormer's  defi- 
ciency ;  and  that  way  of  concealing  it  is  surely 
not  blamable. 

But  then  as  to  the  4,500/.  it  is  said,  that  I  in- 
duced the  Masters  to  pay  it  by  colour  of  my 
authority. 

How  IS  this  proved  ? 

Mr.  Conway  produces,  and  proves,  the  re- 
ceipt he  had  ^ven  him  by  Mr  Edwards  for 
500/.  Tolnntanly  contributed  by  him  towards 
Mr.  Dormer's  ^ficiency  ;  and  says,  that  be 
bad  promised  it  in  February,  and  paid  it  ac- 
cordingly in  August 

Mr.  Edwards  says,  that  in  1721  be  received 
500/.  a  piece  from  all  the  Masters,  but  Mr. 
Lightboun. 

Mr.  Lightboun  says,  that  when  Mr.  Getting - 
ham  spoke  to  him  of  it  in  February  1720,  he 
told  him,  all  the  other  Masters  had  agreed  to 
it ;  but  Mr.  Liehtboun  refused  it :  that  1 
never  spoke  to  him  of  it  till  January  1722, 
which  was  near  two  years  afler ;  that  then  I 
was  so  far  from  makiog  use  of  my  authority, 
that  when  he  asked  me,  whether  it  was  my 
proposal  or  the  Masters' ;  upon  its  being  said,  it 
came  from  the  two  senior  Masters,  he  took 
occasion  to  sneak  more  freely  against  it;  and 
though  I  used  some  arguments  with  him,  yet 
he  says  1  left  him  to  his  own  inclinations. 

My  lords,  these  are  their  proofs.  But  they 
are  to  be  helpt  out  by  some  constructions. 

Obj.  It  is  said,  that  the  letter  which  1  caused 
to  be  sent  in  February  1720,  to  require  them  to 

S've  in  their  accounts,  was  in  order  to  terrify 
era  to  come  into  a  composition :  for  it  is  said, 
when  that  bad  its  effect,  and  the  money  was 
paid,  they  were  not  obliged  to  bring  in  their 
mceounts. 

Resp.  This  then,  I  suppose,  is  that  ook>ar  of 
•otbonty  by  which  (acoonling  to  the  charge  in 
this  Article^  I  induced  them  to  contribute. 

But  in  the  first  place,  I  beseech  your  lord- 
ibipt  to  ctDndar,  whethir  it  oui  be  thooght. 


that  any  of  the  Masters  wmikl  pay  500/.  rather 
than  let  me  know  what  was  in  his  handi; 
which  was  all  the  consequence  of  my  hariif 
an  account  ?  If  it  cannot ;  why  should  it  k; 
without  the  least  proof,  imagiDed,  that  1  sboM 
expect  it? 

In  the  second  place,  I  must  beg  leave  Iso^ 
serve,  that  tbe  Masters  beat  know,  what  eftct 
that  letter  had  upon  them,  and  what  was  tk 
motive  of  their  advancing  that  money;  bat 
none  of  them  have  sworn,  that  they  were  in  iW 
least  induced  to  pay  the  money  by  the  fesr  cf 
that  letter,  or  by  the  apprehension  of  bas; 
forced  to  give  in  their  accounts  if  they  did  M 
comply.  Nor  do  the  circumstances  sbewiL 
For  Mr.  Conway  came  in  but  that  in  Febraifj, 
and  had  but  little  money  in  his  hands,  aad  i 
very  short  account  to  make.  Mr.  Kynsrtn 
and  Mr.  The.  Bonnet,  who  are  now  defidol, 
were  not  then  Masters.  Mr.  Holford  bad  pi 
an  account  ready,  yet  he  paid.  Mr.  Lighlbsa 
gave  in  no  account,  and  yet  he  did  not  nay. 

So  that  upon  a  view  of  the  evidence,  bcfeif  i 
good  action  done,  very  beneficial  to  the  suitoii; 
and  no  iodirect  practice  to  brin^  it  aliost. 

And  therefore  the  charge  not  being  prsni 
1  am,  according  to  my  general  plea,  nocgiil^ 
of  the  matters  containedin  this  Article,  orv^ 
of  them,  in  manner  and  form  as  they  are  thcifa 
charged  against  me.  And  there  is  no  oca  ' 
to  make  out  what  I  havestatetl  in  my  Ant 
to  have  made  this  matter  more  clear,  in 
they  had  given  occasion,  by  -havini^ 
evidence  to  maintain  their  Charge. 

However  I  have  shewn  m  second  leNv, 
written  by  my  order,  in  November  ibiloinifi 
requiring  thoiie  accounts  with  more  eamcstaw. 
Mr.  Cottingbam  prmluces  the  draught  of  ili 
and  though  he  will  not  swear  positively  that  kt 
delivered  or  sent  it,  becaiuw  he  does  not  fisi 
any  memorandum  of  it;  be  verily  believMbs 
did,  and  has  not  the  least  ground  to  auspcdtli 
contrary.  ' 

Your  lonlships  will  observe,  how  very  ps^ 
ticular  the  account  was  directed  to  be. 

The  first  letter  was  wrote  the  14th  of  Fdet- 
ary,  1720.  Your  lordships  will  give  me  Icsis 
to  read  the  copy  kept  of  it. 

Headt :  "  February  14,  1790. 

"  I  am  commanded  by  my  lord  to  signify  (• 
yon,  tliat  you  do,  withaU  convenient  speed,  by 
before  his  lordship  an  account  in  several  cs* 
lumns; 

«  1.  Of  the  cause. 

*<  2.  Solicitor,  or  Agent 

•<  3.  The  date  of  the  Order. 

*<  4.  For  what  purpose   the   money  m* 

brought  in. 
<*  5.  How  much  was  brought  in. 
"  6.  When. 

<<  7.  How  much  in  hand. 
"  8.  How  much  on  secnrities* 
**  9.  How  much  paid  out. 

A  distinct  Aocoimt  of  Soemik^s. 

••  1.  Cause. 


WWJ 


Jot  High  Crimet  artd  Mitdemeanors. 


A.  D.  1725. 


[1310 


**  3«  From  wliom  Ibe  Bccurity  m  Uken, 

♦•  3,  Wliat  llie  security  i», 

**  4*  ]j^  ivlmse  naine  taken. 

~  ^  5.  Fur  licjiv  iiiiicb  cftcU  security. 

>  6.  'Ibe  tolal  ctf  tbe  several  Becurities. 

■  7.  lo  uhuse  tianJif  lodj^ed. 

A  iliatiDCt  Accotioi  of  Mouey  paid  out, 

1.  Cause. 
}*  7.  By  wbat  order,  or  \vbal  date. 
**  3.  VVbeu  iinid. 
f*'  4.  To  wbom." 

I  Tlie  second  letter  is  dated  tliG  7tli  Not.  1731 ; 
h  in  these  i^  ortls : 

[Reads.} 

*'  By  my  letter  of  ibe  14th  of  Febnimry  last, 
I  aigiulied  to  you  my  Lord  Chancellor's  plea- 
sure, which  iva»,  that  you  should,  witb  alt  con- 
veoienl  speed,  lay  your  account  hefore  his  lord- 
ship, the  nietl»mj  w hereof  ^us  to  be  iu  several 
columns,  subscribed  at  the  foot  of  that  letter. 
i  am  Don  farther  to  acquaint  yuu^  that  his  lord- 
ship is  very  niucb  suqirised  to  find,  that  in  all 
thla  time  uo  such  account  bath  been  laid  be* 
fore  bifi) ;  and  therefore  hatb  comnnanded  nne 
to  tell  yoUf  that  it  is  expected  to  be  delivered  on 
er  before  the  last  day  of  this  term ;  and  if  this 
ig  not  complied  with,  you  vi^ill  oblige  his  lord- 
ship (though  very  unwillingly  )io  think  of  other 
measures^  which  l  doubt  not  but  you  wilt  avoid, 
hy  a  ready  compUaace  with  what  is  a  second 
time  rcc|uire<d  of  you.  And  to  the  end  there 
m^y  be  no  mistake  as  to  the  method  of  your 
accountin;^,  i  have  subscribed  it  again  at  the 
■|st  of  tbiti  letter.'^ 

KAnd  Mr.  Cottingham  explains  what  be  ap- 
^prebends  was  meant  by  that  |iassage  of  other 
'  measures,  that  I  would  make  an  order  in  form  ; 
'  that  is,  Qu  order  of  court  tu  be  entered  with  the 
'  lie^iBler.  He  tells  your  lordships  what  repre* 
''  leptations  they  madeof  tbedifliculties  of  draw* 
'^  llftg  up  {iuch  accounts  r  And  1  did  not  after- 
Vsrds  insist  upon  them.  And  your  lordships 
'  will  be  pleased  to  observe,  that  tlie  letter  sent  by 
'  ne,  in  form  of  an  order,  in  November  last,  by 
'  adtjc^  of  the  lords  of  the  council,  was  for  an 
'  sccouut  Diuch  in  the  same  manner.  The  words 
sne these: 

fRetidt,^  "  Dated  3d  Not.  1734. 

'       **  Let  tlie  sereral  Masters  of  the  High  Court 

'  of  Cbttucery  forthi*  ilh  prepare  and  delifer  to 

me  a  jierfcct  account  of  the  money  in  their 

bauds,  therein  distinguif^hing  in  several  columns, 

•*  The  names  of  the  parties  to  the  cause. 
**  Money  or  secunties. 
•*  The  dates  of  the  orders  for  txinging  in* 
•*  The  time  of  bringing  in  each  sum, 

^'  Particiitnrly  eirpressing  the  sums  Iraus- 
£erred  and  paid  to  them  at  their  coming  into 
tlieir  ofBces,  in  the  tirst  place. 

**  Haw  the  same  hatb  heru  disposed, 

«*  When  and  by  wliaioider. 

"  What  ?jums  paid  out,  and  to  whom, 

*  *Wbat  iinested  lu  icguritiet^, 


«*  ^pecifyipg  the  Securities  by  0ates»  Nun- 
bert,  ^cc 

**  Where  the  securities  are  at  present, 
«(  What  money  remains  in  their  hands^ 
*^  Where  the  same  now  ii.'' 

Mr,  llolford  tells  your  lonUhtps,  that  ano- 
ther account  was  carried  in  by  my  order,  in- 
stead of  one  so  particular  ;  for  that  an  account 
drawn  up  in  that  manner,  would  have  taken  up 
several  months :  and  in  February,  17 '2 1  or  173^ 
it  must  have  taken  up  many  more  j  because 
there  were  then  Masters,  %vho  bad  been  much 
longer  in  their  offices  than  Mr.  Hoi  lord  the 
now  senior  Master  had  in  November  last  been 
in  his:  and  those  accounts  must  have  gone 
through  their  whole  lime.  And  if  your  brd* 
ships  will  be  pleased  to  look  upon  the  Report 
on  the  table,  it  will  appear,  that  the  judges 
and  directors  reported,  that  no  regular  accounts 
could  be  taken,  unless  they  were  brought  dowa 
from  the  beginning  of  the  time  that  each  Mas* 
ter  had  been  in  his  ofBce ;  and  yet  the  lorda 
never  insitited  on  any  such  accounts  afterwards^ 
(though  I  bad  made  an  order  for  them  by  ttieir 
advice)  nor  the  lords  eommtssioners  since; 
which,  what  is  it,  but  falling  into  the  same  sen- 
timents that  1  had  done  betore  ?  The  requiring 
the  dates  of  the  orders  on  which  money  was 
paid,  and  the  solicitors*  names  (which  I  found 
not  one  of  the  Masters  was  able  to  give  me)  was 
intended  by  me,  that  I  mis^ht  be  able  to  make 
some  examination  into  the  truth  of  the  accounts 
that  should  be  given  in.  Atid  for  want  of  Ibat^ 
your  lordships  know  what  methods  the  lor^i 
commissioners  have  been  forced  to  take,  to 
have  the  accounts  of  the  several  Masters  print* 
ed  and  published,  and  dispersed  ttironghout 
England  at  a  public  expence,  that  people  majr 
come  in  voluntarily  to  make  a  surcharge.  And 
yet  it  is  well  know^,  that  the  preparing  the  pre- 
sent accounts,  short  as  they  are,  contain iag 
only  the  balances  of  securities  and  cash,  which 
the  Ma&ttrs  owned  to  be  then  in  their  hands  in 
each  cause,  so  took  up  tlieir  times,  that  the  bu- 
siness of  the  Court  before  them  stood  still  for 
some  time,  and  their  attendance  in  Court  was 
dispensed  with.  No  wonder  then  if  1  did  not 
insist  on  these  accounts,  which  were  to  he  at- 
tended with  so  troublesome,  so  tedious,  and  so 
fatiguing  an  enquiry.    . 

These  are  some  facts  that  1  hare  not  indeed 
escaminedto;  hut,  with  submission,  I  do  not 
stand  in  need  of  them  :  if  I  did,  they  are  noto- 
rious ;  and  I  lielieve  the  Managers,  some  of 
them  at  least,  know  them,  and  will  not  deny 
them  ;  aud  Uie  Musters,  being  your  lordships^ 
attendants,  m^y  be  asked  to  them  by  any  of 
your  lordships  who  shall  think  there  needs  any 
further  satisfaction  to  be  given  concerning 
\  them. 

Obj.  But  why  then  did  I  not  content  myself 
with  the  shorter  accounts,  and  take  them,  at 
least  such  as  were  delivered  into  the  oommutee 
of  council  '^ 

Reap.  As  to  those  accounts,  I  %VNtkVV\»a^^\«fc.x% 
to  sa)  sg\ue\Vk\v^^  uv^u  vVv^is^  \«i^%\  ^%^'5^- 


I 

i 


^ 


1311]  lb  GEORGE  I. 

teenth  Article^  whieli,  I  flatter  njsdfy  will 

fire  your  lordships  entire  satisfaction  on  that 
ead. 

Upon  the  Sizteentb  Article,  1  take  the  liberty 
to  say  as  to  the  1,000/.  paid  on  Mrs.  Cbitty^ 
mcconnty  1  nefer  expected  that  an  act  of  hu  • 
manity  to  Mr.  Lockman  should  be  made  a 
crime. 

The  supposed  crime,  I  think,  consists  in  this, 
tiiat  it  was  in  farther  prosecution  of  my  uqjust 
•nd  corrupt  purposes,  that  is,  keeping  np  mv 
giin  in  selling  places,  by  concealing  Dormer^ 
ueficiency. 

flow  is  this  proved  P 

Mr.  Lockman  tells  of  his  applying  to  me, 
and  my  saying  to  him  at  first,  that  it  should  be 
paid;  DUt  telhng  hjm  atW,  that  there  were  not 
aufllcient  of  Dormer's  efiMs  left ;  that  the 
Biastsrs  were  in  ^eat  apprehensions  of  losing 
tike  profits  of  their  places,  and  were  not  willrog 
to  adf  aace  any  money ;  that  he  told  me  of  a 
composition  he  had  mad^,  tftat  the  time  was 
near ;  that  then  I  said,  1  would*  onfer  Cottin§[- 
ham  to  pay  the  money ;  but  told  him,  that  if 
Bin.  Chitty  bad  nothing  else,  he  might,  by 
marrying  her,  make  himself  worse ;  for  there 
would  be  namore  money  paid  her  thence.  Atid 
he  swears  that  he  did  not  look  upon  that  sum 
to  be  raid  out  of  compassion,  but  only  as  it  was 
due.  He  says,  ii  was  about  a  fi^rtnigfat  before 
the  1,000/.  was.  paid,  that  f  told' him  no  more 
would'  be  paid*.  Uuon  some  questions  put  to 
bim  by  me^1ietaid,he  asked  for  another  1,000/. 
on- account  of  Mrs;  €bitty'8  children :  but  that 
after  f  had-  told  him,  no  more  than  the  first 
meottoned  1,000/.  would  be  naidj  which  was  a 
fortnight  before  it  was  paid,  be  asked  it  no 
more;  and  denied  that  he  applied  for  the  pay- 
ment of  500/:  or 574/;  aflfer I  had' promisedthe 

1,000/: 

My  lordk,  dt  this,  supposing  it  true,  does  not 
prore  that  I  paid  this  money  to  conceal  JOor- 
meHft  defitdency ;  for  He  says  1  told  him  be- 
fore, that  lyorm'er's  eflTectr  were  all  f^&ne ;  and 
at  the  time  when  I  made  the  promise  of  that 
money,  t  told  hiin-  no  more  of- her  money  would 
be  paid. 

And  is  it  rightly  collected  from  this  action, 
without  farther  proof,  that  iny  intention  in  pay- 
ing this  money,  was  to  conceal  the  yery  tning 
which  I  at  the  same  time  expressly  pubitslied? 

But,  my-  lords,  it* is  fully  proved  on  my  part 
by- Mr.  Cottingham  and  Mr.  filphinstoue,  ihat 
this  1,000/.  was  advanced  out  of  a  generous 
compassion,  and  not  out  of  any  by-end :  that 
his  application  was  founded  on  this,  that  he  was 
to>  marry  Mrs.  Chitty,  and  was  to  have  this 
1,000/.  to  pa^  a  composition  for  his  debts ;  that 
I  had  sent  him  word  of  the  deficiency,  and  that 
lie  could  not  have  the  money  ;  so  the  great  se- 
cret was  out :  but  that  he  aflerwards  appeared 
in  the  utmost*  distresft  and  agony,  in  danger  of 
laying  Trolent  hands  on  himself,  and  desperate : 
this  distress  mored  me ;  I  told  him,  I  wouM 
order  the  money  to  be  paid  out  of  compasstoo 
ft»him$  be  afterwards  spokrof  it  with  the  ut- 
uoit  aeknowMgteBt:   I. told' him  tUs,  and 


TrM  qfAe  Earl  o/MmxkifUU^  \  ISIS 

gave  the  order  aeeordingly  on  Monday,  aa^  it 
was  paid  the  Thursday  lollowiDg,  which  *« 
the  30th  of  July ;  and  as  to  Mr.  LockaittV 
testimony,  who  denied  that  be  applied  firi 
farther  snm ;  it  has  been  proved  under  hism 
hand,  that  be  applied  for  574/.  for  Mra.  Chit^, 
on  pretence  she  could  no  eiherwiae  apart  boi 
the  whole  1,000/.  and  this  after  the  time  i« 
appointed  for  Mra.  Chitty  to  receive  the 
1,000/. 

[Here  the  Earl  of  Macclesfield  ioformiB^lk 
Lords,  that  he  found  himself  so  far  spent,  m 
not  to  be  able  to  proceed  at  present,  the  Room 
adjourned  during  pleasure ;  and  after  snsc 
time,  the  House  being  resumed^  tha  Evl  of 
Macclesfield  went  on.} 

M V  Ibrda,  when  ^oov  lovdahips  werapissMi 
to  allow  me  la  retire,  I  was  j«Mt  upoa  Mhl 
Chitty*8  1,000/.  and  had  spoke-  of  that  put  i/ 
the  traosactioa  that  relatsd'  to  Mr.  f  noris 
And  as  to  tha  next,  which  ia  the  charge  of  ■• 
deavouriag  to'persuada  the  Maalton  ta  adisaei 
that  1,000/.  and  uaing  the  ai^meais  ia  thi 
Article  mentwned  for  mat  purpose. 

Upon  the  evidence  it  doss- appeals  timbtfasf 
wasa  meeting  of  the  M&sters;  at  my  homeii 
the  latter  end>  of  July  laai ;  and  aome  saeta  » 
guments  used'  as  in  the  Aiticle^  hot  not  (ssii 
chai^red)  to>  have  apraaent  purpose  of  (jajrio; 
the  1,000/.  answeradi-bntto' Uav«  J>oniier^^ 
ficiency  all  made  good(  by  small  annual  pif- 
menta  out  of  caoh  offioe.    A  viaw,  wbicb  I  oift 
your  kMdships  will  think  very  iooaecat  im 
commendable,  whether  likely  to  be  Buuowrfil 
or  not.    And  this  was  so  much  the  intent  ef 
my  desiring  the  Masteratotxmie  together,  tbit 
though  that  1,000/.  wa^  the  imniediate  o«b- 
sion  that  discovered  the  effeots^  to  bo  then  il 
gone,  and  so  might  naturelly  lie  meotioofi 
and  I  doubt  not  but  it  was,  I  de^  not  yet  re- 
member that  I  persuaded  the  Masters  is  ptr 
it ;    nor  does  Mr.  Lovibond  remember  it ;  im 
Mr.  Holford's  expression  was  (if  I  took  hi* 
right)  only,  that  he  appnrbeoded  it  was  mm- 
tiened  as  if  the  Masters  should  Goolribaiete 
make  up  that  1,000/.     However,  my  lor^ 
that*  was  not  the  end  which  I  aimed  at  as' 
mentioned;   and  u|)on  the  whole  evideoceal 
agree,  that  the  discourse  about  the  1,000/.  «*> 
soon  over,  and  ended  with  my  sayinir,  1^  ^ 
would  take,  or  had  taken  care  of  it.  Mr.  li^ 
boun  says,  he  is  not  sore  which  of  the  two  tf- 
pressions  1  made  use  of.     And  even  Mr.  Tlo> 
Bennet  says,  that  when  1  bad  said  so,  natbiiC 
was  afterwards  said  of  that,  but  of  Dsnsfr'i 
deticicncy ;  and  then  oame  ia  the  discosne«/ 
the  parliament    Mr.  Holford  refiresents  it,  ^, 
after  some  discourse  of  the  1^000/.  I  spoke  it' 
Dormer's  deficiency  ;    and  particularlv  of  ike 
mischief,  which  was  what  Mr.  Edwards  bs^* 
little  before  said,  that  soooe  bad  had  aU,  li' 
others  none,  (which  weold  -not  at  all  be  csrt' 
by  payment  of  this  1,000/.)  and  thai  tbff  ^ 
mentioned,  that  tbat  miglit  naake  gi«at  cbai'* 
and  possibly  oecasioo  a  parimnaeaiary  m^' 
where,  if  it  was  nwlTad  lhat  layoff  llii** 


1 


JSI3] 


J&r  High  Crimes  and  Mkdimimor$* 


A,  D.  1735. 


[1314 


slaces  VQi  s|r^tnst  Uie  stmlute  «f  £d.  6,  it  might 
^Hect  lue  iu  iliedispoful  of  tbe  places^  aiiJ  ihe 
Hpjutem  in  Itie  enjoyment  of  tlit^ir  pUcL's :  lie 
^Bya  jii'Vi^ral  lhin|^9  irert^  proposed,  but  noibiug^ 
Hrreed  ott.  Cue  propocat  was,  irbetlurr  jf  the 
iQiliil^ni  were  ooniinued  on  tbe  stame  fuol  they 
liad  bfen.  U  would  not  be  v^^ortb  their  white  Ut 
Dtril>iUe  f 
i  The  Muter*  h^Te  not  bjid  sc»|rood  memarles 
tuicau«  as  i  hop«d.  But  Mr.  Lavili'uid 
iwear,  that  all  or  the  greattfut  part  did 
I  AjTree,  that  if  their  of&ceA  were  establinhtd, 
>  they  had  been  for  forty  years,  they  wouUI 
iakie  nik  ^inniial  routrttniiion  towards  Dormer's 
>fici'  1  nobody  sny  other- 

^     Hjiys)  did  not  agree 
fo  it. 

Bo  that  it  appear*  upon  the  whole,  that  whot 
1 6«id  wv«  not  with  intent  to  snpply  a  present 
ptif poie,  ftft  i«  char^^vd  ;  for  I  Imd  declared  io 
tti«m,  I  bad  taken  care  of  that,  or  would  tdke 
care  of  ii.  And  if  I  could,  by  settinjr  «uch  an 
f%         ''     '<    '  •  ■    ' -  '  '     iM  uiw,  in- 

-,  as  liiey 

,  to  rujJ  i!>.  VI  bole  deficiency,  or  if 

.«  ft,,.  -■-"'>r*. on  of  those 

i  , )  seeno 

_:u  -,.:  i;aud  in  IL 

fjeoncetiti,  ami  iimour  or  en- 

'  (itit  iC,  only  b)  ;    ;  -  which  %vQuld 

if  e  no  room  or  occastun  lur  clangour  or  en* 

or  if  they  coutd  not  pay  the  whole,  by 

J  tW  prvportiou  i*hioh  any  uce  could  be 

ititleil  UK 

[And  thiit  pn>posi),  to  b«ive  it  paid  by  annual 

ly  iiipotH  out  of  the  several  oHicci,  die]  not  (end 

of  tbt^m,  but  on  the  contiary, 

>-n  OQ  tbeiD|  would  ^eatly  di- 

Biiiii^ii  tutir  ^ ^Kie, 

Whether  the  de«»i^r»  I  had,  or  the  ari^umenta 

Bted,  were  prudent,  or  di^rreet,  or  profKr,  1 

bu)it  to  your  lordiihips*  judgaieut ;    but  \\vt 

^nnaeniii  were  not  used  for  the  pur[m>^es  in 

f  Article^  but  for  tike  benefit  of  thu  Miilors  of 

ourt 

^to  ^ive  ihui  Sonne  appeamnce  Qfh  crime, 

!  forced  to  attribute  it  to  cnininal  views 

^iOf  which  they  lia?e  ni;ide  no  pruuf, 

\  any  protmbility^  tcart^  jK»^^ifeilily, 

bat  they  were  the  principle*  of  i' 

1  u)i4rbt  farther  obsc rre,  th-i» 
Li' 


the 
i  ill  the 
1  to  the 

>d«r 


\}     UiipdIU;     ullil 

ckmani  utipuii) 

f  frombr* 

|€^prt«si<«)t  IU  the  end  of 

to  he  11^    I  .^  i  ;t[free,  1  uuid 

near  it  othtr  cxpreaaiatut 

^    Rlh  it  (whi  ^-;s  in  ifretilowiixi 

t ihew^  i  coul'i 
i  lo  It;  nor  cu: 

No  quentton  had  till  thai  liUDe  been 

i  More  the  Court  rclatinfj^  to  Jiurnier'a  d«* 

rncy  ;   Cbiity'a  wtia  only  an  apphcation  for 

9ur,  for  a  iom  then  imiiailarly  i^aaUd*  bc- 

irOL.  XVL 


caM»e  there  were  at  that  time  no  effects  ;  and 
was  paid  by  toe  out  of  coitipassiioti  ;  there  wiii 
no  queiiliou  of  right  aUml  it  to  be  deciiled,  aj 
was  here,  when  the  dispute  ^vua,  who  iv$fl  to 
bear  the  los«,  it  any,  and  could  he  dett  rtnine^ 
only  u}K)n  circum^tancea*  1  at  the  same  time 
was  so  far  fr<im  endeavourinu  lohafe  it  be- 
lieved, tlial  there  was  no  deficiency  »n  Dor- 
mer's otEce,  or  that  I  knew  not  4»rit,  that  1 
declared  a  ^reat  dcal|  winch  I  knew  about  tltat 
matter. 

A«   to     what  they    object,    llnr    tfif^    nrrli  r    U 

drawn  up  in  such  a  manner  a^ 
•ay)»  tny  being' h holly  ignoffi  i  ,, 

by  directing  m  crxpjtry,  wliether  UlG;re  wa^ 
lilcely  to  be  any  dtficiejicy  or  not : 

Qire  me  leave  to  say,  ilial  if  \  had  knowjpi 
more  of  it  *,  if  t  had  known  tu  a  fai  thinijf  wh^l 
Dor  (iency  would  be ;  1  couldnot  sp 

a  jii  ..  1  an  orJer  upon  my  own  prirate 

kooM  ludge,  but  must  make  it  in  tW  same  mai^- 
ner  a«  if  J  had  known  nothing  at  ail  \  and  ac;- 
conlingly  that  order  is  worded  in  the  same  man- 
ner, as  it  must  have  l>cen,  if  I  had  ueior  heard 
of  Dormer's  f  i'  ■    ^   ♦  re. 

iJesIdes,  it  h  u  lalked,  that  Wilson 

had  not  dealt  i...  ,v  .^iiiscon -' \    '^'^If 

so,  and  if  he  were*  worth  it,  <  l«t 

recover  tjcar  2'^,,000/.  more  .-  _  i  li.^  .,  A 
matter  extremely  proper  for  the  Aloalcrs  to  en* 
Huire  into. 

A«  to  the  nth  Article,  which  relatea  toiif* 
ders  for  payment  of  uiMnif s  drjmMled  with  Dor- 
mer ;  which  Mr.  Kdwardii  <as  i>  chari;>d)  wai 
dire€tc<t  by  me  to  pay,  wtthuut  regard  to  tbit 
pro{»ortiorf,  winch  ought  to  have  tteen  obsct^nl 
m  a  defective  fund  : 

They  liave  read  four  orders  made  by  me,  ami 
no  more,  three  of  tliem  in  one  cause ;  and  only 
one  of  thrtn  directn  the  whole  monev  lo  h% 
paid  out.  1  vaid,  in  my  Answer,  that  I  did  not 
Know  ttjat  I  had  made  any  other  order  than 
that  of  Chitty ;  but  believed  the  Court  mif^ht 
have  made  others;  which  jfave  occasion,  i| 
aeems,  to  some  of  th^  qetulrmen  to  wonder  at 
thediMinctiott '  '   '       '     li.  My 

meamji^  ua)>,  i   have 

'■' ■■'    ile    l»V    iiif    \.'.niii    mi     :  *'nt 

eared  ;  thai  is,  by  ti  e 

..  .,.  ..,,d  Judpe*»  with  oihci<>  ...  ,.,..i.i..,.>**u{i 
for  hearin*/  M'  causes. 

But  ai  to  wbsit  was  done  hy  me;  the  proper 
AiiMWer  t«*  thifi  Article,  the  true  one,  and  I  hopa 
a  satiM'sctory  one,  i?  tliuJ  I  Liclrdjtuui  I  ihout^nt 
wootd  be  Tno!<t  fur  i  id  tieiirfii  of  lh« 

•oltora,     I  folly  b*  alonc^^  that   tha 

whole  would  be  mntjt^  goo  J,  to  which  1  contri^ 
buted  all  I  could;  ami  I  ncted  accord iiiji^Hy.  If 
I  waa  mistaken,  1  ho[>e  it  ia  uoerimt* 

As  to  the  IBth   Article,  three   nogltKrls 
charged  upon  me  in  this  Article* 

1  .iro  of  thesectiriti 

irrs, 

^.  NoL  ukti.  Hf  cash, 

4P 


I 


1315] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Macdetfiddf 


L1316 


There  is  anotber  thing  expressed,  which  is 
permitting'  and  encouraging^  the  Masters  to 
traffic  with  the  suitors*  money  and  eflfects.  But 
that  I  apprehend  means  only,  that  the  not  tak- 
ing due  care  to  hinder  them,  is  permitting  and 
encouraging  them.  So  that  it  does  not  make  a 
distinct  brancli  of  the  Article ;  but  is  only  a 
supposed  consequence  of  tlie  rest. 

As  to  the  securities  and  cash,  what  1  am 
charged  to  ba?e  omitted  doing,  was  never  done 
before  by  my  predecessors,  nor  desired  then 
of  me  by  the  suitors.  And  therefore,  1  suppose, 
there  is  a  partitrular  reason  assigned  why  it 
should  have  been  done  by  mc,  though  not  be- 
fhre ;  and  that  is  Mr.  Dormer's  faihire,  which  is 
charged  to  have  been  chiefly  occasioned  bv  his 
taking  upon  himself  unduly  to  dispose  and  em- 
ploy the  money  and  effects  of  the  suitors  in  his 
Lands.  And  this  the  Article  charges  that  I  knew. 

My  k)nl4f,  as  to  this  particular  reason :  to 
add  a  new  duty  to  my  oflfice  from  it,  and  to  lay 
mo  under  an  obligation  to  do  that  which  my 

Kredccessors  were  not  obliged  to  do ;  it  ought  to 
e  clearly  made  out  that  the  fac*t  is  true,  that 
this  wasUie  cause  of  Dormer's  iailure ;  that  1 
knew  it  to  be  so ;  and  that  thereby  it  became 
my  duty  unasked  by  the  parties  interested,  to 
make  the  new  provisUn  expected.  But  thi-re 
is  no  proof  that  Dormer  diJ  unduly  dispose  of, 
or  employ  the  money  and  eHTccts  of  the  suitors 
in  his  hands ;  much  less  is  it  proved,  that  I  ever 
knew  it,  or  had  the  least  reason  to  suspect  it ; 
but  the  contrary. 

The  account  Mr.  Parkhurst  gave  of  what 
passi*d  at  the  time  of  Dormer's  going  off,  was 
this  (which  was  represented  to  uie,  and  never 
shewed  to  be  false),  that  Mr.  Dormer,  who  was 
his  uncle,  informed  him,  that  having  happencil 
to  receive  a  greater  sum  than  ordinary  out  of 
the  Exchequer,  and  going  into  the  country  in 
the  long  vacaUou  17*20,  he  knew  uot  where  to 
leave  it  safer  than  wlih  Mr.  Wilson,  an  emi- 
nent bunker ;  and  he  left  it  with  him  to  the 
vuliie  of  21,000/. ;  that  u|>on  his  return  to 
town,  he  found  Mr.  Wilson  stopt  payment  ; 
and  that  therefore  he  would  withdraw  himself, 
for  l>ar  of  a  gaol ;  that  accordingly  he  went 
into  Holland,  ami  wrote  a  letter  from  Roitcr- 
daiu  to  Mr.  Park  hurst,  with  one  inclosed,  to  be 
shewn  to  the  Masters,  an<l  sent  to  me  or  M r. 
i'ottingliaiu  ;  he  gave  some  account  of  the 
letter,  that  it  set  forth  the  case  to  the  cflLCt 
above  ;  and  the  draught  thereof  is  in  the  bands 
of  the  Managers,  which  they  might  produce, 
if  they  thought  proper.  Thi^t  I  took  to  be  the 
true  state  of  the  case ;  and  never  hoard  any 
thing  to  the  coutr.iiy  (except  Mr.  Lightboun  s 
guesses,  founiled  on  no  fact,  but  on  the  great- 
ness of  the  sum,  which  this  accounts  for  another 
ivuv)  till  December  last,  when  1  was  told  that 
Wflson  pretended,  he  borrowed  it  of  Mr.  Dor- 
mer at  an  high  interest ;  but  as  this  apiieara  to 


was  certainly  the  troth  of  the  ease,  or  bowerct 
what  appeared  to  me ;  Dormer's  failure  «« 
not  occasioned  by  bis  undue  disposing  of  tr 
employing  the  money  and  effects ;  hot  it  n 
a  misfortune  owing  to  the  year  1720,  and  » 
cumstances  peculiar  to  that  time  ;  so  not  Ifltdj 
to  happen  again.  On  Dr.  Eddisbarj's  faihiit 
there  appeared  no  accident,  but  his  own  illoos* 
duct :  yet  no  change  was  made  by  the  IM 
Chancellor,  as  to  the  effects,  or  caab,  or  giviig 
security. 

But  it  was  urged,  that  though  this  had  notbca 
desired  of  me  by  the  suitors,  it  had  been  pn- 
posed  to  me  by  tiie  Masters  themselres : 

And  three  of  the  Blasters  were  called  ti 
prove  this.  But  only  two  of  them  pretewl  ts 
nave  spoke  to  me  about  it,  Mr.  Lightbooo  ui 
Mr.  Kynaston.  Mr.  Holford,  the  3rd,  nvi, 
Tie  never  was  once  with  me  about  it,  only  be 
liked  some  things  which  Mr.  Lightboun  toU 
him  he  proposed. 

Mr.  Lightbouii's  whole  evidence,  taken  iH 
together,  clearly  proves  what  1  set  forth  ia  mj 
Answer;  that!  Iiad  in  view  three  things:  1. 
The  making  good  Dormer's  deficiency.  1 
Settling  Masters  in  their  jnst  rights.  3.  S^ 
curing  the  suitors  from  future  accidents.  Tk 
1st  was  the  princinal,  and  always  uppennoa 
with  me.  The  Snd  was  plainly  necessary,  is 
order  to  that.  The  3rd,  for  securing  the  suiton 
from  future  acciflents  of  that  kind,  I  was  like- 
wise ver]^  desirons  of;  bat,  1  own,  at  iktt 
time,  while  I  thought  the  Masters  then  ia 
being  persons  of  ability  and  substance,  and  be 
gave  me  no  reason  to  think  otherwise,  1  appr^ 
bended  there  was  no  need  of  any  extraordiurj 
expedition  in  it. 

As  to  making  good  the  deficiency ;  it  ap- 
l>ears,  that,  at  the  time  of  Mr.  IJghtboun'j  pro- 
posal, the  Masters  were  all  willing  to  contn* 
bute ;  only  Mr.  Lightboun  stood  out ;  aoti  IlS 
reason,  which  in  his  examination  to  the  I6ti> 
Article  he  says,  he  u|ion  one  occa<rion  men- 
tioned to  me  as  snfhcient,  was,  that  it  \toutrlbe 
a  precedent  for  his  paying  other  dc-bts  of  odicr 
Masters.  And  uj>nn  his  examiiiitinn  to  ihii 
Article,  he  says,  that  he  told  me  in  dt<iCour$« 
on  that  subject,  that  as  Donner*s  acrident  bad 
happened,  the  like  might  again  :  and  mi  utlM, 
that  it  could  not  be  supported  ;  andafkernanit. 
that  if  any  thing  could  be  done  lo  make  trood 
Dormer's  deficiency,  and  put  things  upon  i 
secure  lK>tfom,  he  would  be  as  rca«ly  tii  m- 
tribute  as  any  body.  He  then  gives  an  aocMiai 
of  the  proposals  he  made,  which  be  says.  I 
desireil  him  to  reduce  into  writing  for  my'on* 
sideratioii,  which  he  did  ;  the  copy  of  It  «ai 

f produced  and  read,  and  I  have  the  letter  itself 
lere  in  my  hand  ;  and  here  only,  i  apprehend, 
is  to  bo  found  the  proposal  which  is  to  affect 
me,  and  not  that  which  he  now  from  his  me* 
mory  mentions  to  be  the  proposal ;  but  difftrt 


be  spoke  in  excuse  of  himself,  an  after-thought    from  the  writing  in  several  things ;  %« hiefa 


at  four  years  distance  is  little  to  be  regarded  ; 
auid  however,  if  it  were  true,  ought  not  to  affect 
me,  to  whom  it  was  never  disc&sed.    But  ac< 


•ording  to  this  that  1  hare  staled  abore,  which  j  he  did  not  think  proper. 


being  in  the  letter,  if  he  had  mentioned  tbcn 
cursorily  in  the  discourse,  I  must  have  Med 
upon  them  as  what  upon  farther  i  "^ 


for  High  Crimes  and  Misdemeamrt, 


My  brdi,  tlie  <>cc«ii(»D  of  my  pronosil  was 
mj  spesktng^  to  him  ahoul  contnbutifin;  to 
BonDer't  delictcticy  ;  and  both  that  and  the 
|iro{ii>sal  itself  she^,  that  it  *ras  really  no 
fnnr«,  than  laying;  before  me  the  term*  upon 
which  he  would  contributi*^. 

In  tbo»e  terms,  the  principml  thinff  tnsi^ed 
ti|M>n  by  him   waf,  Ibatlbe  tnoney  iTioiild  be 
I  cotitinued  to  he  brougflil  before  the  Mtstert ; 
which,  I  apprt!ht.nd,  had  then  been  broken  ii 
I  little  in  upon;  which    ia   expressed  in  these 
I  %rordi,  shewioaf  the  impn»babiliiy,  that  a  fact 
objected  should  happen^  **  If  (as  his  words  are) 
the  money  be  directed  as  usual  to  be  brought 
'  before  the  Masters,  both  by  your  lordship  and 
'lbe3Kst«rof  the  Rolls;  wilbout  which  tiie 
Masters  cannot  think  ihemJteWea  much  inter- 
ested in  the  treot  of  Mr,  Dormer's  affair," 

The  other  thing  beio&isted  upon  was,  that 
lie  should  be  secure  from  being  expose^l  to 
[  the  like  inconvenience,  by  failure  oi  another 
Msster  ;  and  therefore  what  he  proposes,  in 
rclttjon  to  decuring  the  effertB,  is  not  a  thio^ 
proposed  to  Im»  done  of  itsf  If,  separately,  but  in 
company  with  the  other  regulations. 

That  part  that  relates  to  the  riflfhrs  of  the 
Masters,  was  afVcrwards  pressed  farther,  as  it 
wag  apprehended  they  were  more  hrokeu  in 
upon ;  and  produced  the  repreMiitation  of  the 
Milters,  udich  Mr.  Li^htboun  the  other  day 
mimtloneil  to  vour  lord»iiipt. 

And  this  likewise  explains  several  parts  of 
t)ia  evidence:  it  exnlaios  what  he  says,  that  he 
pressed  roc  so  often  to  do  aomelhlnp,  and 
thou(;ht  that  to  be  irre«o1ottoiir  whicD  waa 
indeed  my  t^ution  to  proceed  u)>on  sui^ 
g-iraunds,  HI  doinj;  a  thing,  which,  it  not  per- 
fectly wdl  founded,  might  hate  the  appearance 
of  l^'ing  contrired  on  purpose  to  advancf ,  or 
keep  up  the  profits  o1  the  offices  of  the  Maa- 
I  ters.  It  explains  his  apprehenNion,  that  if  I 
[4id  oot  do  it^  it  would  not  be  i\ttnv  by  my  sue* 
^^^Tior,  unless  the  seal  should  com*  into  tlu^ 
_  hdsof  a  noble  lord,  M'hom  he  named.  It 
ihews,  thttt  what  he  pressed,  waa  not  so  much 
for  the  Masters  to  give  «ecurit\,  or  to  make  up 
Dormer 'm  dc6ciency,  and  retrieve  the  honour 
of  the  Coon,  »h  ti»  have  orders  made,  for  the 
beticfitof  the  Masters;  which  1  thought  ought 
to  ea  together, 

»ror  it  wanted  no  resolution  iu  me,  or  in  any 
other  chancellor,  to  make  orders  upon  the 
Masters,  to  secure  the  effects  of  the  suitors  in 
their  bands  ;  had  that  been  the  thin};  prested, 
and  espedallv  if,  as  is  pretemled,  rliey  thcm- 
tebe*  de«ireii  it.  But  it  mi^it  re<|uire  reao- 
lution  to  Kupport  the  Maatcra  ag^ainst  tin? 
|c  claims  of  an  honourable  person,  with  whom 
^lliey  then  hud  a  di*(pute« 

Titis  view  of  this  matter  will  make  vour 
limlihios  consider  it  in  a  different  liifht  from 
what  tlie  Mnnagers  lunre  endeavourea  to  set  it 
In  I  and  that  my  alownen  did  not  proceed 
from  my  concent  fur  the  kecpini^  up  of  the 
Msateri^  ufficefi,  but  from  tuy  cautiOD  hot  to 
be  too  (irecipitate  in  advmocitig  them. 
And  bad  I  takrti  tfat  netQUrcs  detired,  ao«l 


r: 


raade  orders  to  prevent  the  Master  of  the  lioUa 
from  dircctinjf,  in  his  decrees,  the  ranuey  to  be 
brought  liefore  the  Usher,  and  frtmi  referring' 
irregolaritiea  to  the  six  clerks  i,  and  to  settle  in 
their  favour  the  other  matters  in  dispute 
(though  1  will  do  them  the  justice  to  declare, 
that  I  do,  BO  far  as  I  have  !*ecu  of  ii,  rhinkthe 
Maater!»  in  the  ri^ht  thereiti)  yet  I  am  appre* 
hensive,  that  at  fir«i  sight  it  would  haire  been 
matter  of  compliiut  against  me,  as  a  con* 
tnvaoce  to  advance  the  offices  of  ihe  Maslers ; 
ftud  that  the  schemes  proposed  by  Mr  Lig^ht- 
boun  fbr  giving  the  security  he  rejireseiJis  aa 
sufiicient,  would  not  have  been  thought  m 
balance  to  »L 

Having  said  this,  gire  me  leave  to  weigh  tht 
proposals. 

And  first,  hi*  proposals  for  profiiliug  for 
Dormer's  deficiency. 

The  way  of  doing  it,  which  be  propospt,  is 
this  r  baring  stated,  iu  the  5rst  pnge  of  the 
letter,  what  be  lakes  to  have  beeo  the  iKTtsiofi 
of  this  great  deficiency^  he  goes  on,  **  which  I 
liope  may  be  provide^l  for,  and  the  credit  of 
the  Court  retrieved  and  supported,  by  every 
Master  a  ill  an  cing  3,000/.  or  such  other  sutii 
an  shall  he  agreed  on,  out  of  the  ca»h  of  the 
Court  in  Uh  hands;  which  beins^  placed  out 
at  interest,  the  yearly  income  thereof,  toifather 
with  the  produce  of  Mr.  Dormer's  estate,  will 
answer  the  demands  that  may  be  expected  oti 
bif  sncceator,  and  will  in  due  time  make  good 
the  debt  upon  the  office.*' 

Dut  aa  to  this,  I  iliought  it  lK»th  impracti- 
cable and  insufficieot,  and  I  told  him,  and  he 
very  fairly  owns  H  in  hi,<i  ^idence^  that  1  could 
not  make  an  order  of  that  kind  ;  b^^ouuAe  it 
would  indeed  be  orderiug  one  man's  money  lo 
be  put  out  at  interest,  to  pny  aoother*»  debt. 

His  next  proposal  relate«  to  the  securities, 
lodged  in  the  hands  of  the  Masters,  which  ha 
thought  of  the  greatest  consequence  ;  because, 
as  be  now  says,  he  told  me  that  Dormer ^s  ac* 
cideot  came  by  trafficking  with  securities ; 
which  he  inferred  from  a  !iuppo»ition  that  tliere 
was  not  then  so  much  cash  m  his  hands.  Thit 
fiict  is  contrary  to  the  representation  made  aff 
above  to  me,  and  the  supposition «  with  respect 
to  the  miantity  of  cash,  is  obviated  by  his 
having  just  recdve^l  a  great  sum  out  of  the 
Exchefpier.  And  your  lordships  have  heurd 
from  the  report  to  the  lords  of  this  committee 
of  council,  that  the  Mitcters  have  brought  in 
all  their  aecurities ;  so  that  what  Mr.  Light- 
boun  thought  the  greatest  danger,  has  proved 
to  be  none  at  all. 

However*  to  prereot  that,  which  be  thought 
the  gremteat  danger,  ho  nropoaes  the  taking 
all  govemoient  securttiea  ror  the  future,  in  the 
names  of  two  or  more  Masters;  hia  words 
are  in  page  the  Qd,  **  Having  before  ohserveit 
fitim  Vhence  thiu  great  deficiency  arose,  I 
submit  it  to  your  lordship,  w  hether  the  taking 
all  government  aeciiritiea  for  the  future,  in  ibe 
narna  of  two  or  more  Masters,  may  not  pre- 
?ent  the  like  misfortune  hei^ftcr." 
He  s»yt  now,  that  be  proposed  tbem  to  be 


4 


I 
I 


,1319] 


10' GEORGE  I, 


Triat  offhitarl  nf  Maede^leldt 


[vm 


rt^keo  in  the  Dame«  of  some  Masters*  and  of  a  \ 
thirrf  person ;  but  tliat  ii$  mK  mciUioned  in  l!ie 
ktrer,  nor  does  >fr,  Udforcl  oientioTi  it  in  his 
avidenee. 

As  to  this  propoaal,  be  hat  dow  sworn,  as 
^Ibe  truth  is,  that  I  started  a  dtflicully  upon 
that  head,  by  ohjediog  that  this  would  not 
ftfisner  all  casefl,  particularly  with  rea pect  to 
the  £ast-  India  and  South  Sea  bond$,  hy  reason 
that  they  ar«  payable  to  the  bearer.  And  hia 
answer  waa,  that  there  was  no  necessity  of 
tak(0{T>the!iesectmnes;  such  ini^rht  he  taken  aa 
are  trausforable  in  the  hooks  of  the  compa- 
nies. 

.  On  consoUing  others  upon  this^  I  found, 
that  as  to  East  India  aod  South  Sea  honda, 
iholly  to  disallow  th«  taking  those  secorifiea 
i^outa  he  hard.  Many  people  choose  Iheon, 
because  there  is  little  variatiim  in  the  priee^ 
only  sometimea  n  few  shillings  higher  or  lower ; 
vhcreat  in  aoniiitiea,  and  much  more  in  other 
stock*  the  fall  of  the  pricc^  by  the  ttnae  the  mo^ 
ney  was  to  be  paid  nut,  migfit  eat  up  the  inte- 
rest Ufid  more.  That  tliere  would  be  a  difficulty 
to  dispose  of  those  at  that  time  in  the  hands  of 
the  Masters  ;  probably  the  o%vDers  would  not 
oonsrnt ;  it  had  been  their  choice,  that  had  de- 
>  terrnini'd  the  layiu^  out  of  the  money  upon 
Ihfiise  bonds  ;  that  to  send  them  to  the  market 
all  ti>gelher  would  occasion  a  fall  of  the  price, 
and  a  t^n  at  luss,  which  would  raise  a  clamour, 
and  lETtve  (f  rrat  dissatisfaction, 

1  thour^-ht  these  levera!  things  had  great 
rpi^fhf ,  and  deserved  most  serious  consideration. 
!  then  thonii^ht  of  lucking  up  these  Imnrls  in 
|hestii,  wilhtwo  li>ckB,  one  to  be  kept  by  the 
plaster^  to  witom  they  belonged^  anil  the 
f  other  by  the  next  Master,  after  him,  and  to 
ake  the  <  it  her  securitjcs  in  the  name  of  two 
llasterv. 

But  I  was  told  by  persons  of  great  weigbtt 
[tat  that  was  but  two  Masters  instead  of  one, 
raind  would  not  he  satisfactory :  and  should  I 
Moiu  more  of  them,  it  ivould  occasion  more 
pronhle,  and  possibly  more  charge ;  hut  they 
^ere  still  Masters. 

At   Itt'?!  r  resolved    to    take  the  securities 

r  (other  ihan  the  honds)  in-  the  names  of  two 

ril asters,  and  a  third  person  to  he  nam*Hl  by  the 

^yarlies.     But  stjil  I  struck  at  the  bonds,  and 

t  pAs  never  set  ri^f  hi  in  thai,  till  it  was  too  late. 

IjBut  I  have  now  learned,  which  neither  i  nor 

r)lr.  Lij^hlboun,  as  your  lordshifm  may  observe 

liy  bis  evidence,  had   &kill  enough  to  know, 

^that  ilit^y  mi^ht  be  indori^etl   to  two  Mastera 

And  a  third  person,  muH  so  the  property  heflxeil 

(n  tftem  ;    «%hjch,  had  I  rtfterwnrds  c^intiniiHl 

!?haacollorf  I  was  determined  to  have  put  to 

practice, 

A«i  to  the  cash,  how  that  mi^ht  be  made  se- 

I  f  ure,  his  uhule  proposal  is  coiiiaiiif^d  iu  these 

^rords,  in  the  second  pajjt; :  ♦*  The  depo^iit  to  be 

Lput  out  at  interest,  lo  raise  a  fund  tbr  ihe  pay- 

iJlient  ot  Mr,  Dormer's  debt,  i«>nether  with  our 

office,  t^ould  in  aureat  measure  be  a  security  fur 

the  cash^  with  which  we  should  theu  only  be 

Mii-ujled.'*    By  the  depmtl  be  me&T^a  ^Vi&v^  qI 


t<Q0OL  or  such  lytfier  i?um   as  tbeulit  1^  I 

upnn,  as  I  before  r« :  r  lonMitps. 

This  is  the  nalun  ropo^,  wilb  i4 

lion  to  thesecunty  for  tt»e  cash  ;  which  (a> 
prehended  must  np(>ear  to  be  neither  prmdiak 
as  I  iibser^ed  before,  nor  satiisfactort.  iii 
had  i  built  upon  (his,  anil  made  &  re*^1atj«i«* 
cordinglv,  I  w^s  very  apprehcasif^  ihoitlltf 
iTere  l^/oredissatisfietJ,  would  caTT  »t  tritTir^ 

He  then  takes  notice  of  the  money  W^ 
loili^ed  with  the  I^faslera  v^ty  etfefOaif, 
ihnugb  it  IS  hy  way  of  aoswer  ta  ah  ofyevilAi 
thatev^ry  Master  may  not  af  ^fays  hafsmAl 
sum  in  his  hand  \  to  wbicb  be  attswttt;  *\ 
will  renture  to  say,  it  ts  scmroe  ptmMi^M 
can  happen,  if  the  money  be  directed  isfli 
by  yourlordshin  and  the'lHasi^r  of  tbe  JUk* 
And  then  he  adds  (to  sbew  ibe  stress  lai^  Spi 
this)  *^  without  which  the  JflmCera  mnnoi  tkak 
them!«elves  much  interested  in  ibe  crrsttt 
Mr.  Dormer's  affair,"  And  nys  in  tbr  i4 
page :  ^*  If  f  have  the  happi nee*  tn  hatenftnl 
any  tiling  thought  practicahfe  by  your  lofib^ 
when  1  have  the  hon*»ur  to  be  acf  m^ttiNl  ta  sii 
upon  you,  I  hope  to  sal.  '  whip,tki 

f  shall  with  pleasure  <  faeevos 

me,  to  facilitate  any  undt* nuking  oi  \m%  %iai,* 

I  think  this  proves  what  I  satd  iiil&«  li- 
ginning;  and  f  submit  it  to  yoar  lords&ipv 
whether  I  am  crimiDfid  id  tiol  eomplyhig  wA 
these  proposals. 

My  lords,  I  have  told  your  lortlsbijia  sttfiai 
thoughts  I  had  altout  the  securtttea*  6ite  m 
leave  to  mention  son>eti»fO|{^  of  nay  thouglM; 
wilh  relation  to  the  cash. 

f  thought  tn  take  a  small  security  wouM  <ailr 
shew  that  f  was  convinced  tUftt  a  seclint>  wii 
necrssarv*  and  yet  trifled  in  it  ;  and  those  tis! 
were  willing  to  find  taali,  would  say,  it  v* 
doneontv  to  amuse  the  suitors^  and  iMlltb* 
into  a  false  security. 

And  till  f  could  arfkist  the  n  t  rtbeirtS* 
rities  lodged  with  them,  pai  ihe  hA 

India  an ifSfiuth  8ea  bonds,  no  svLxunty,  tfailit 
would  be  practicable  for  the  Masters  tofiit, 
would  hear  any  proportion  to  what  was  tatbcit 
baofls,  when  it  should  be  50,  tJO  or  60fOOlWL 

But  if  I  could  contrive  to  make  all  the  ■«§* 
rilies  safe,  and  reduce  the  cash  into  a  nanDStr 
coiujiass,  hy  making  orders  for  uuttmg  otfttkf 
money  of  course,  wheoever,  tbroiigU  negkst 
of  the  parties,  or  otherwise,  it  should  happea  a 
lie  beyond  ausb  a  time ;  then  a  security  m^ 
be  given  by  the  Masters  to  answer  it. 

But,  as  1  told  your  lordships,  the  East  lodi 
and  South  Sea  hoods  were  too  hard  for  lac,  till 
the  matter  was  before  the  cotniiiitiee  tif  eouocil; 
and  had  the  Musters  hehaveij  themselves,  ail 
ex^^cted  ihey  would  in  the  mntte^r  «f  tbcir  i^ 
eotfutii,  I  ti>ea  intended  to  hav#  Unl  my  tfasiagktt 
lie  fore  the  council,  and  lo  have  had  Ibcir  si- 
Uiority  and  saoctioQ  iiir  |ptitlui|f  tbcni  Ji 
practice. 

The  other  proposal  supposed  to  be  madfta 
fue,  is  spoke  to  by  Mr.  Kyuasttm,  aadbiBiosl|« 
And  though  he  says  all,  or  most  ef  iba  Masistf 
a^t«^  \&  S3h  ^^^  ^^i^c^^'^^t!'^  ^  wa 


\- 


i3ii] 


Jot  High  Cnnia  and  Mir-demeanors, 


A.  U.  1725. 


[\nt 


k  fibotJt  it  ;  I  do  not  finri  that  any  of lUe  rest  know 
iB  any  thitli;  af  U.  1  obserted^  thtt  iidtber  Mr. 
HlJjfhllHniD  nr^r  1^1  r.  Holfort)  (both  proilu<!i'(l  tu 
Hltim  Artrele)  are  eJcamiQcd  lo  fhiv  grcst  m;tttiT, 
Vijpon  whidi  tlie  M^i%1cr%  me  »aiil  lo  Ikj  a^ictd  ; 
"  oar  i«  any  other  Mii^ler  called  lo  il,  lhoU(jb  his 

iceount  oJ'tl  t«  f:ti  rerv  iniperfect^  and  stiincfs  iti 

O^  of"  Ihi  ',  '  .  ill  n»  supported. 

As  to  f  he  >  I'^i  dl  ;  the  tiouds 

^  are  leA  uuini  Uic  sdinc  uuncolty  a4  before. 
HAntf  as  to  the  cssb^  be  meDriont  no  sum  dr 
H  %Afii«  ill  uhk'h  (he  securitv  was  to  t»e  pren. 
H      Btttf  mv  toriisf  upon  tGe  nhole,  both  from 
^  vhftt  Mr.  Kynasfon  &nd  ^Ir.  IjHEhtboim  j*ay,  il 

it  pliiin,  they  were  coiiJiitKin^  their  own  mte- 

»rwl ;  lo  keep  ihe  offiee  free  from  incum- 
l»f«iK>es :  and  their  itJteresl  ond  mine  (if  I  coahl 
)lAve  %tiy  in  view)  whs  the  same  :  so  that  if  it 
v«s  their  propO!»al»  what  shouh!  hinder  rae 
f>^om  AffreeiJig  to  it,  but  thst  I  thought  it  ia- 
sufficient  f 

The  third  thhgr  charged  jn  this  Article  is^lhiit 
I  did  not  t^ike  the  Masterik^  accouuls,  that  J«,  dc- 

I  founts  of  M^hat  effects  of  the  suitors  thej  had  in 
llieir  handi. 
My  tords«  it  Is  true,  this  was  pmred  to  be 
flone  bv  my  lord  Coitper  4t  his  entrance  into 
liift  oifitfe,  both  ttte  t^r^i  and  Kecoitd  lime ;  it 
%as  done  by  anothei'  uohie  lord,  as  has  heeti 
tiroved  at  your  Ididshrps'  hsir,  once»  and  I  be* 
lieve  it  iwas  done  bv  that  lord  ofieoer. 
My  lor(!»t  bttd  I  lakf  n  their  accounts  too,  I 
4iiubt  in  w^  it  would  not  have  had  the  Sx^me 
apprubatioOi  sm  it  had  in  tho«te  noble  lor^i.     In 
ji»v  case  it  would  have  been  asked »  ithat  care 
I  had  taken  to  he  sure  liial  the  accaunls  defi^ 
vered  roe  by  the  Movers  were  true?  uhether 
I  had  Meen  the  securities  aod  ciuih  ^  and  urhat 
satiftfaction  I  hod,  (hat  Ihry  were  able  to  muke 
them  ^panVt  I  fihouU.  perhutis*  have  been  (ol'l^ 
that  without  that,  the  hare  inLinQf  of  an  uccrMitit 
fras  of  no  use.     And  these  er)i|u in f^  v^ore  of 
auoh  a  nature,  Ihul  if  (hey  were  to  \w-  purvued 
^  effectually  und  \\\\{%  exacinc*^9,  I  own  I  bod 
^^■bot  streuuth  to  go  llimu^h  them. 
H^      Nor  dill  I  think  the  taking  accounts  froru  the 
Masten  necessary^  liecause  J  do  si  ilk  lake  the 
liberty  lo  say»  I  was  fully  persuaded,  all  the 
^'asters  went  (rooil  and   honest  men;  and  i\' 
hey  were  not,  I  do  not  see  it  would  be  of  any 
,11  Ae  to  take  such  accounts.     For  I  would  tiie 
lad  to  know,  whether  if  I  liad  taken  an  ac* 
)iiut   yearly  from  every    Manter^  he  would 
liave  been  one  balfpennv  richer  or  poorer^  or 
at  all  more  able  to  pa>  tne  suitors  ? 

Ohi.  ft  is  saiilf  indetnl,  thai  all  thete  Were 
Wilful  oriii«]»ions ;  ami  for  fear  the  pric«  of 
}ihf-*e»  %houfd  he  sunk. 

^^  Btii  of  that  Ihere  js  not  the  least 

]  1  ihcari'UiiiHiAticeK  of  ihc  ca^e  alnive 

1  hopi^  ■  '^' K  fijore  iialnraliAC- 

;nuni  of  il.  i  v   what  to  do  in 


^vhich 


AUCb  u 

«' 

(I 

•t'  v. 

Ir- 

i 

1 

t 

\\\~  ij 

Drcem.  «xpr«Me8  rt)  to  continti^  ther«  cmlv  till 
ili€  affair  could  be  more  maturely  considcrecf, and 
a  proper  provicion  made  for  the  security  of  the 
)^iiit(irs,  Five  monihy  are  now  elapsed,  aixl 
Tiothiii^j  has  been  yet  done :  though  the  suttort 
suffer  vast  iocoiivenieifce.  For^  in  order  to  gel 
any  money  from  thence,  lher«  roust  be  a 
]Vlaster«  and  a  Six  Clerk,  and  two  Dh-ectora^ 
and  i  cerliticate  trom  the  fleg inter,  which  oc« 
casioos  80  great  an  erpencc,  that,  in  the  cane 
of  small  sums,  prople  do  not  think  it  worth 
therr  while  to  go  for  thcro  to  the  Bank,  hut 
choose  to  be  without  their  interest,  rathfr  than 
come  at  it  through  so  many  difflcuhiea.  And 
if  the  lord:!  commiiibionorS)  three  of  them« 
such  great  menf  have  found  this  matter  tdo 
ditiicult  to  settle  to  their  sativfadion  ;  is  fl  i 
crime  in  me,  that  I  was  not  able  lo  itiacoTer  • 
method  for  making  fhinff*  easy  end  secirrc^ 

T\m  Article  id  dosed  with  the  great  defi- 
ciencfes  that  have  happened  with  regard  to  the 
effects  of  the  Buitors. 

But«  my  lords,  pve  me  leave  to  say,  if  thai 
tieficieocy  have  not  happened  by  any  tault  of 
mine;  if  tboae  mis  fortune  s,  whtch  havebvfaileo 
•ome  of  the  Masters,  be  not  owing  to  any  crime 
inrne;  no  part  o4  all  that  is  charged  in  thia 
Article,  ought  in  justice  to  he  at  my  door.  Aa 
1  have  observed  before,  the  great  dangrr,  which 
was  at  first  apprebeuded,  and  &o  often  talked 
of  by  Mr.  Lightlwun,  related  only  to  the  seeo- 
rilies,  which  the  Maifters  had  in  their  hands; 
but  that  which  happened  related  to  the  money 
onty .  And  though  this  accidrut  h\\  out,  whilst 
t  had  the  ^reat  seal,  }et  tt  might  as  wejl  have 
h»p{»ened  tn  my  predecessor V  time,  since  no- 
{\m^  thut  1  have  done  has  given  the  least  oc^ 
casino  to  it. 

But  Is  there,  at  lait,  any  <lefleleDCj  made 
out  to  be  in  these  Masters^  by  nhich  the  suitofs 
are  to  l>e*ufrei^rt? 

Mr.  Thompsim  has  been  called  as  a  witnest 
to  prove  these  deficiencies  ;  hut  be  ha*  only 
shewn  an  estimate  of  Borrcl*!*  dellcicncy,  and 
thai  fiome  of  Ihe  |tresent  Masters  hud  not  naid 
in  their  balances  ut  such  a  time;  and  how 
much  the  farther  itums  they  were  to  pay 
amounted  to. 

But  have  the  suitors  therefore  lost  the  m<K 
ney  ?  No,  my  lords,  that  does  not  ajipe&r;  bat 
on  the  contrary, 

Mr.  Conway,  one  of  tbem,  wbon  ihrj 
have  t1  produced  aa  a  witoeai*  hm 

sworn.  I  r^  assigned  an  rsiate  \ 

to  pay  all  his  OLficiency* 

One         ■     " 


4 

4 


I 


17lli 


raadk;aiiMai. 

lud,  thut  %ince  thati  atitti^  wmm  kti  lam 
saiiifaction  or  secari^  At  ila  ■Mf  jHrtr 
Hut,  my  lordii  h  •  ifct  ^tm  if  5P>tt 

tti:it  u}un«c*an  fff*| 
ohier  I 
nstilai 
i^/;i^.faiii     mwi  lfi«»«ihai 


of  his 


1SS3J 


10  GEORGE.  L 


Trial  of  the  Earl  of  Macclesfield^ 


[13S1 


The  latter  sum  of  1,575/.  ib  brought  into 
court.  And  we  have  shevpu  that  Mr.  Uiccocks, 
his  predecessor,  haa  petitioned,  that  he  may 
pay  in  the  7,500/.  which  is  the  whole  den- 
cicDcy.  And  liere  appears  a  considerable  estate, 
of  I  think  750/.  per  annum  of  Mr.  Beonet's  be- 
tides. 

Mr.  Kynaston's  deficiency  is  represented  to 
Hare  been  before  Christmas  26,906/.  llf  3{</. ; 
arising  ail,  but  what  he  said  was  in  my  hands, 
and  the  hands  of  ]^Ir.  Rogers  his  predecessor, 
oinlv  hence,  that  his  cashier  was  dead  intestate, 
and  administration  disputed ;  and  so  he  could 
not  come  at  the  mouey. 

£.  t.  d. 
There  is  paid  in  by  me  -  -  -  1,575  0  0 
There  is  offered  to  be  paid  by 

Mr.  Rogers,  and  will  be  paid  -  6,000 
A  Debt  from  Mr.  Delahay,  which 

he  swears  a  just  our,  is  as- 
,  signed 20,850 


0     0 


0    0 


In  all    -    28,425  -  0    0 
And  the  Deficiency  being  com- 
puted at 26,908  11    S| 


This  exceeds  it  in  the  sum  of  ^.  1 ,5 16    0    0 


And  he  has  an  estate  of  between  4  and  500/. 
a  year,  and  timber  of  the  Falne  of  2,500/.  to 
make  good  any  part  that  may  not  be  got  from 
Delahay's  estate,  though  his  effects  are  in  one 
of  the  reports  mentioned  to  have  been  then 
found  to  be  in  London  alone  above  20,000/. 
And  1  ha? e  heard  that  the  lords  commissioners 
have  ordered  them  to  be  brought  into  Chan- 
cery, and  that  16  or  18,000/.  are  actually 
brought  in. 

What  is  said  to  be  Mr.  Borret*8  deficiency, 
is  the  foot  of  an  account,  which  the  Report 
that  represents  it,  and  Mr.  Thompson  in  his 
evidence,  say  could  not  be  properly  taken. 

And  when  fully  examined  into,  there  may 
come  out  to  be  no  loss  there  neither.  Mr. 
Godfrey  swears  Mr.  Borret  to  have  been  in 
good  circumstances  when  admitted ;  to  have 
an  estate ;  to  have  sold  an  ofiice  for,  1  think, 
5,000/.  upon  the  occasion  of  his  coming  in  Mas- 
ter; to  nave  lived  with  small  expence,  his 
wife*8  father  maintaining  his  family.  And,  as 
he  enjoyed  the  oflice  four  years,  tliere  can  be 
no  great  deficiency,  and  probably  will  be  none 
at  all. 

But,  mv  lords,  it  is  extremely  hard  upoa 
me,  if  by  tiieir  producing  an  unceitain  estimate, 
I  am  to  be  obliged  to  state  the  accounts  of  one, 
who  is  dead,  whose  administrator  is  solicitor 
against  me,  without  their  searching  into  his 
papers  and  affairs,  and  giving  a  perfect  account 
Jiow  they  stand.  It  is  exceedmg  hard,  give- 
me  leave  to  say,  that  your  lordships  should  be 
judfipng  upon  me  as  criminal,  from  facts  of  this 
kind,  to  which  1  am  an  entire  stranger,  when 
there  is  nothing  like  proof,  that  there  will  be  a 
farthing  deficiency  at  last,  but  only  that  the 
money  is  not  yet  come  in. 

I  l>eg  leave  to  observe  one  thing  more,  that 
1 


the  Masters,  that  are  now  called  the  deficini 
Masters,  are  not  one  of  tliem  in  custody; 
though  it  is  made  an  Article  against  roe,  that  1 
did  not  commit  Mr.  Dormer,  who  was  in  Hil* 
land.  Therefore,  since  they  are  at  liberty, i 
must  be  taken  for  granted,  that  the  lords  om- 
missraners  had  good  reason  not  to  eomBJI 
them;  and  yet  their  deficiency,  which  is  nsti 
crime  in  them,  sufficient  to  justify  the  coiDiBit* 
ting  them,  is  to  be  made  a  crime  m  me,  suffici- 
ent to  suport  a  charge  of  High  Crimes  ul 
Misdemeanors.  Your  lordships  see  bow  6r 
this  ought  to  aflect  me ;  jjnd  I  submit,  upis 
what  1  have  said,  whether  it  can  support  ik 
Charge  in  this  Article. 

As  to  the  19th  Article,  which  relates  to  wbit 
was  done  about  taking  the  accoimts:  It 
charges, 

«<  That  whereas  his  most  sacred  majefhr, 
out  of  his  fatherly  goodness  to  his  people,  A 
in  or  about  the  monm  of  NovenAher  last,  direct 
an  enquiry  to  be  made  into  the  aoooouts  of  ^ 
Masters  of  the  said  Court  of  Chancery,  to  tk 
intent  that  proper  methods  might  be  takes  fir 
the  security  of  the  suitors  of  the  said  Comt; 
the  said  lliomas  earl  of  MacclesfieM,  beisf 
then  Lord  Chancellor  of  Great  Britain,  and  sse 
of  his  majesty's  most  honourable  privy  cooadl, 
in  order  to  obstruct  the  same,  and  to  preteolt 
parliamentary  enquiry  into  the  state  and  eesdi- 
tran  of  the  offices  of  the  said  Masters,  in  bresck 
of  the  several  great  trusts  reposed  in  him,  <M 

Sive  advice  and  encouragement  to  the  sii< 
[asters  to  assist  and  supply  each  other  with 
money  and  effects,  and  dicl  represent  to  the  im4 
Masters,  that  it  would  be  for  their  honour  tsd 
service,  to  appear  able  and  sufficient ;  and  thtt 
if  they  made  a  bold  stand  now,  it  might  pre- 
vent a  parliamentary  enquiry,  or  to  that  effect; 
and  did  persuade  several  of  them  to  make^ 
representations  of  their  circumstances  to  his 
majesty,  by  adding  ft  subscription  to  their  le- 
spective  accounts  delirered  to  the  said  Eari»io 
be  laid  before  his  majesty,  to  the  effect  folkmifi^i 
vis.  That  they  were  able  to  ans\ver  the  moorv 
and  securities  in  their  hands,  and  were  willis^ 
to  pay  the  same  to  such  persons  as  were  enti- 
tled thereunto ;  although  the  said  Earl  koe^i 
or  had  good  reason  to  believe,  that  several  of 
the  Masters  were  nut  then  able  to  answer  tke 
balance  of  their  accounts,  nor  are  they  yetdWe 
to  satisfy  or  make  good  the  same ;  and  wbeii 
the  said  Masters  were  afterwards  required  l» 
produce  the  cash  and  eflects  of  the  suitois  is 
their  hands,  some  of  the  Masters,  according  l» 
such  advice  and  encouragement  given  by  the 
said  Earl,  did  supply  others  of  them  with  esA 
and  effects,  to  make  a  false  shew  and  appe•^ 
ance  of  their  ability  and  readiness  to  aDSWcr 
the  balance  of  their  accounts.*' 

My  lords,  the  two  things,  which  are  mdt 
the  heads  of  the  Charge  in  this  Article,  rebie  M 
Uie  subscriptions  of  some  of  tiie  Masters  wiih 
ten  under  tneir  accounts ;  thai  tbcj  were  alh 
to  make  good  the  bakinees;  •odtbciriAtf' 
wards  prMUcmg  cash,  to  mdn  a  ftbe  lit* 


Jit  High  Crimes  mtit  MisdHnetmars, 


t  toko  It, 


pfitrtnce  of  Hie Ir  abilHy.     Ai  to  ih*-  fiisi ; 


Hh' 


uaiiii 

■  ha 

'  1  KIT 


mntrri*!  jinrt  of  I  he  Clitrge 

!r^<I  Uicm  10  mokr  fnlsf  trpre- 

1  rircuTustancei  by  u  tiihscrip* 

li;  ,,  ,  ;.t,cw,  or  bad  guod  riaium  to  lic- 

tt,  iTtjfi  fftlne. 

Aft  ihvm  U  not  Ifm  leait  proof  offered  thtt  I 

w  or  bad  re»!ion  lo  belief  e  the  subsen|itioii 

,  tliis  Chifi^  1  Ibink  enlircly  la  lb  to  the 

Upon  the  proof  lUtempted  to  he  mttle,  I 
tkink  ii  appcftini.tliQt  when  Mr.  Holfonl  broui^hl 
iu  bis  HccouQtt  pursuant  to  my  order,  lie  (with- 

ft  my  kiiowir»4f  auy  lljinjf  of  il)  b>d  wrolt 
fuhscrfption  at  the  end  of  it^  to  lhi«  effect  i 
I  liavf*  all  ihcst  sttturiutw  standings  tn  nny 
tiame,  ft»  in  this  account  is  ipecified,  aod  wifi 
vcuf  c  certi6cate«  from  th«  proper  otEcea,  tbit 
have  nnd  bad  thorn  before  thii  account,  if 
ur  lordship  require  it  ;  lod  as  to  the  money, 
am  ready  to  ^pte  ynur  iordi»bip  salisfftction  to 
m  demonstration,  that  I  liave  it  in  niy  povver  to 
auf  «rer  it  to  erery  i^rson,  that  ftball  afipear  tn 
H  entitled  lo  it,  and  who  can  pve  uie  a  legal 
"    bitfa.'* 

'bey  fay,  I  rtid  it,  and  spoke  of  it  with  ap- 
lib^Uon^ 

There  were  only  part  of  the  Matterv  ready 
fbb  iheir  accotiutft;  and  Mr,  Lofibond  «ra9 
le  ncxtf  that  dehtertHl  me  biaj  and  be  bad 
'folcto  ibe  «ame  effect  in  tulwlance  ;  only  m 
the  caib,  he  wrote  tbnt  he  was  ready  to  ^ve 
■ill 

rd«t  tftery  body  knovra  that  he  was  nble 
er  it ;  and  lie  »>*ear»  he  had  il  ready ',  and 
wai  able  to  biv**  paid  it  iIiq  next  flay  ;  and  be 
ipjiears  to  have  Irnl  JC>.0<X»/.  to  a  brother  Mam- 
tcr  on  that  occaiion.  I  \\a%  therefore  surpriz* 
ed  to  lec  bitn  miike  uae  of  an  expre^siont  h  hicb 
looked  as  if  he  were  not  aide  to  \>r>y  ibe  intiney. 
And  tJ)K>n  that  it  wm  that  be  y^w  1  recoTii- 
mended  lo  bim  to  ni-ike  n<e  of  ibe  itame  exprei- 
iion,  a«  had  alrendy  been  Ufid  by  Mr.  tloU 
and  fo  accordioK'ly  be  did. 
Tbomat  Benuet  bod*  iubscribcd  before  he 
lelbu^T  **  1  have  all  the  icturilies  standi 
in  my  naine  um  in  ihc  v^iihln  account  are 
cifietK  oM  nht*  the  titUiei^  order**  an<l  boudv 
niy  custody:*'  but  bod  4fttd  nothii»(r  of  the 
:  be  •vrcnr^,  that  I  laid  I  wiihed  ntl 
Hiftke  u«c  vi  iUp.  iiarne  furrii  •»  Mr,  Hoi- 
kd  dune:  ami  tlial  it  ivould  h^  for  Ibi^ir 
bottr  and  iierrice  to  npneitr  able  and  lufiQt'ient. 
tayt,  that  Mr.  Li^tiUmufi,  m  I  remember, 
kcd  mUiU  was  the  rnraoioi;  of  tirin)(int(  it  be* 
the  comniitlec  ?  and  that  f  iKtiil,  it  would 
I  a  tnei^ti^  to  pn*vent  ti  purbameutnry  enquiry  ; 
at  I  (hd  iitit  uKk  bfU)  whether  be  wii  able, 
lie;  1  inppofe  he  mesms 
n»;  for  I  do  not  up|ire- 
'  it  tnhiin  in  ptiriicu- 
.  ihil  he   made  I  he 

J^   Iruf,  or  r\|tn*»9^1 

iriluniis    \i-*ir  lurdUiips 

lie  wat ,  not  to  write  any 

^   tttrietl)    true }    »nd   that 


tubscriptton,  he  look 


therefore,  In 

leave  out  Ibe  %%"»)rds  '*  to  a  deinonfitration/' 
which  are  in  Mr  nolford*t.  And  Mr.  HoU 
ford*j(  »iib<icnpiiou  rtinniofif,  ^*  And  as  to  ili 
money,  1  aro  ready  to  t;riee  your  lordship  i 
(iction  to  a  demonstration,  ibat  I  hare  it  in  my 
{10^^ er  ti»  answer  it  lo  eyety  person  ibat  abaH 
np pear  to  be  entitled  lo  il/*  ie.  Mr,  Bennet 
ronld  not  come  quite  up  to  this ;  but  be  sub* 
scribef,  **  And  aa  lo  tb«  mone}',  I  am  reaily  ta 
give  your  lordship  aatinlacliuo,  that  I  am  able 
trt  answer  it  to  every  person  that  ia  entitled 
thereto."  Tbisr,  therefore,  that  be  has  unit* 
fcribed^  is,  I  aoppone^  if  be  i»  lo  be  crediteil, 
exactly  true:  aud  if  so,  f  have  not  perauaded 
bim  to  make  a  fal«e  subscription* 

Mr.  Kynaston  »ayS|  it  %tbs  recommended  to 
them  by  me,  to  make  ancli  a  subscripiion  aa 
Mr.  Ifolfonre;  thai  I  said^  il  would  look  wcN 
to  the  couricd,  and  prevent  farlb«rr  enquiry  or 

Imrliamentnry  emjuiry,  or  some  other  enquiry^ 
le  knows  not  which;  so  be  complied.  Buf, 
my  lordA,  bit  subtcriiMroD  ii  not  what  I  recom- 
mended. Mr*  Holfnnl  only  undertakes  to 
shew  he  had  it  in  bis  power  to  answer  the  mo- 
ney, Aycc*  that  is,  that  he  either  had  the  money 
or  etrecls,  wliicti  being  disposed  of,  would 
raise  it,  Biit  Mr.  Kynaston  jfoes  farther,  he 
says,  1  aro  ready  lo  pay  it  to  the  |»ersoua  en  - 

tilled. 

Mr.  Liglitbftun  heard  nothing:  spoken  of  the 
uuliKcripfion ;  he  went  away  to  hiiish  his  ac- 
ptiuntN,  w»' ■  f'  ••'"^    not  comjdeie. 

h\r.  J I  [  was  not  there;  but  at  his 

r  >iiii:»iT    ^    . _^    :     t   what  f  bafe  said  to  the 
%  wttbont  fcruple,  subscribed  without 
;      Ling'  to  hitn. 

Mr.  Ed«<»»rds  !«ays  he  wa^  able  to  pay  ft. 

Mr.  LoviJHind  wan  calM  hnt ;  but  I  befhre 
l^arc  an  account  what  he  saii). 

Ho  Ibat  of  the  uix  Masters  who  made  sub* 
itription<i,  I  spoke  only  lo  five. 

Three  of  them  bare  prueed  tbem^elfes  abb 
and  I  believe  noliody  duublt  it. 

Mr.  7*homa«  fleiinrt  made  no  objectioD  or 
iliBiculty,  and  has  been  curious  not  to  let  bis 
cy»*e«Ml  UiQ  irulli. 

Ml.  Kyna^ioi)  b»8  roluntanty  ^one  beyond 
what  I  cfesiiod.  And  f  noike  no  qnenliori  but 
Irtf  i*Mnt-Tiir  tiiiirseh  able  to  auvwer  it,  tliougb  I 
d*)ti  .^' ready* 

1'  the  lea»t  e  ride  nee  offered,  t  hot 

1  knew  ,\lr.  Kyotiiton  and  (\Ir,  Thomas  Ben- 
iiel  were  not  afde,  or  tmd  rr*iion  lo  beliere  or 
siiapeei  it  i*  No;  on  the  coiirrary,  Mr.  I^ti- 
bonri,  tfirrr  nwn  wttness,  \*bo  {^  one  of  the 
Mn  i  v,ihi  auioni^  Ibcm,  told  your 

Ion  'itb,t1irit  by  their  cctnteraa- 

tion  he  believed  Uiey  were  able  to  make  good 
Iheir  aocouuta. 

In  ibe   '  '  ?      '  *  '       ve, 

tliatlhe^  i^ 

rities  reati\,  nuM   iiuunmm^  u% 

Ibtfir  acr'ountf,  wiOiuut  my  <:  m 

In  which  point  Mr,  Ltphlbym-,  ......  ..,t  j^^it 

Article^  iboiigbl  Ihere  Miis  ih»'  iiKxt  d^n|fer. 

As   to    lb  ft   vroidi,     *'  TUi^V  \\-  ^t>\3^\  >^  S«^ 


tkcir  hoQoar  or  service  to  appear  able  aniJ 
tutfioieni ;" 

I  will  uiii  he  posilire  as  to  ibe  H^orils^  wlie- 
iber  it  were  **  to  appear  &tile/'  <!kc.  or  ■*  (o 
AirJce  it  a^tpear  that  they  were  a)»te,"  Sec.  In 
•  Jklr  cou!*triiQli«ii»  the  aense  of  ihe  6rst  is  the 
pame  oji  the  Ulter. 

Wheu  Mr.   Hoi  ford  subacribes,  that  he   ji 

Me  to  pay  to  every  person,  who  shall  a|»pear 

to  i>e  entitled  ;  er,  ill  should  «ay^  Mr.  ThcNDas 

^oDet  appeani  not  uo  tUir  or  aule  a  nian  as  1 

I  ibrmerly  thought  iika  ;  itoaa  it  import  cwly  a 

r'ialse  ahew'  ? 

jia  lor  what  is  taid  of  *'  preventiDg  a  parli^' 
Okienlarv  eufjuiry ;" 

Mr,  I'hninaii  Ben  net  represents  it  lo  be  spoke 
ill  &iisiver  to  the  quei^iioft,  what  wastlie  mean- 
I  iag  of  brini^ing'  it  belbre  the  convmitue  ?  And 
I  BAy%  my  answer  waa,  That  it  would  prevent  a 
i  l^ar)  lament  a  ry  enquiry. 
I  If  I  ftaid  it,  the  reaaoii  is  <4}Ttotis,  and  the 
I  |l|inf^  innocent 

J  t  ia  notorious,  that  the  last  sumfntr  there  was 
I  m  (Treat  cUmoiir  againiit  Maatcre  in  Chancery} 
JM'bieh  was  heit^htened  by  some  di»btttes  they 
jsaiured  in  the  Court  of  Chanct^ry  i  Ihut  it  win 
L  ffieDeraUy  fa^Ueved  that  it  would  corae  into  par- 
|i£aikieai;  and  I  am  persuaded  it  woold  have 
L  into  par] latnect  somelliio^  sooner,  it'iht' 
amitlee  of  council  had  not  taken  this  matter 
Dto  coQHideraUoQ. 
I  ^tn  hkewise  persuaded » that  had  the  Mas 
ftiers  all  been  able  to  make  ^od  the  money  in 
"tieir  handi,  and  proved  thst  they  were  so  ; 
ad  that  they  Imd  behaved  theinaelves  well  , 
I  Ih^t  ttie  lords  ttf  the  cotnmittee,  after  find- 
ring  their  accounts  right,  had  proceeded  to  nd- 
Wvise  proper  regulatiouR,  the  matter  would  never 
re  come  into  parliament  with  respect  to 
bem,  whatever  it  mi^ht  ai  to  me. 
And  at  to  them ,  1  believe  they  were  not  de- 
LiiruuK  to  have  the  matter  in  pariiatnent,  becau&e 
bof  the  vaat  trouble  it  muJtt  give  them,  had  there 
pbeen  nutbingeli**  in  it.  And  it  waa  natural  fur 
pe  to  tiiink,  thut  oolhing^  would  more  tend  to 
aake  ihem  ea»y,  in  complyiug  with  whiit  the 
^committee  should  thiuk  ht,  than  by  letting 
em  know%  that  if  it  gave  thetii  trou&le  in  one 
apect,  it  ivould  ease  thcni  more  in  another. 
And  m  far  1  thHiight  it  for  the  kinf^'s  ser- 
vice, and  my  duty^  to  hasten  the  accounts  be- 
fore the  council,  anel  to  use  :iU  iiieaus  I  could  to 
have  tliiutjfs  carried  on  with  «>peed  and  effect ; 
tliat  aucb  m em l»ers  of  parliament  aa  had  their 
ey€3  on  tli  s  affair,  murht  plainly  aee  that  pru- 
fier  meaiiurfa  were  effectually  carrying  on  by 
the  brds  ;  su  that  there  wuuld  be  no  occasioo 
lo  take  up  thi^  afftiir  in  parliament,  or  for  the 
kgifilature  to  iuterpo&e* 

But  tis  to  my  own  ibare,  I  freely  own  1  had 
not  the  leiisi  apprehenaion  of  what  haa  aince 
befdleo  me. 

1   WAS  m  lieir  from  obstructing  the  takinj^ 
iheae  accounts,  tbnt  Mr.  Jloltbrd  Um  ititormed 
^our  iurdshipit,  tliat  when  the  ftrsi  order  wa^ 
such  as  H  oufd  retjuire  a  tery  Uug  \\TO«i  \tt  he  I  ««««, 
mfmpUeii  with,  I  pressed  them  »o|  to  laaWu^^Ww 


of  that  a«  an  excuse  r*'-   *   '    -     hot  tobiafj 
au  account  uf  their  pr'  mca^t  aa^  ilrf 

the  lords  koow  the  rea^s^..,.  .,.,«  theo  v^  ^f  -^ 
far  more  perfect  accounts,  if  siieb  irfi*  > 
qutrcd»  which  were  not. 

As  to  their  making  a  false  shew  nf  caiit  p 
Buaut  to  my  advice  aodencoitrureiueut 

They  have  notoflere^  a  word 
thinj^  siiid  or  done  by  ij|^«  0r  by  « i 
ceruiiig  any  part  of  that  whole  iiM-*rr  ,  ut/j 
bad,  I  am  sure  whatever  Iia*!  ap^.<^j«;u  u  la 
doaeby  me,  would  at  the  sauie  Um%^  liA^eif^ 
pearcd  not  capable  of  ibc  coostruciioa  la  ik 
Article. 

But  iti stead  of  that,  lliey  liave  gir^  a  fi» 
fui»ed   uitcertiiiu    n.        i  m       f  .',         ' 

pa&sed  between  iM s 
lerf;  but  urier  t:*dic*i  .Vi*    t 
it  home  lo  me,  nor  any  wa^ 
any  tljiii^f  of  it,  dlher  Ijcfore  ..4     . 
I  really  underatand  it  at  last*      1 

lw?ud  that    Mr.  Coitiufthain   acl\ 

furnish  ojie  another  with  rnone^,  hut «» 
securily  ;  nor  did  they  do  it-      Nor 
what  harm  it  is,  »f  a  IVI aster,  li^, 
for  tnooey,  borrowa  it  of  anuihct 
giKiil  security. 

The  only  peraon  thai  iUey  seeoj  to  lTt«« 
fraud  upon,  is  Mr.  Conway  ;  iuid,  n 
pears  very  odd,  only  by    his  own  t^. 
ami  yet  he  seems  to  justify  h  :  i 

But  if  not,  there  is  no  pn  luijj 

supposition  that  !  was  any  wav  jin^y  to 
assisting  in  it,  or  Uiat  I  liad  any  tbe  Icaat 
whatsoever  in  it. 

And  therefore  1  am  not  guilt j. 


4 


On  the  aoth  and  Stat  imthiog^  baa 
fered. 

My  I«rd<¥,  I  have  now  (i^cine  throiigh  aO  ilf 
several  Articles  that  have  l>eeii  eudc  avoord  » 
be  supported  against  me  ;  ami  1  think  I  wt^ 
say  as  1  did  in  the  heginniutr,  that  exceut  iM 
relating  to  the  disposal  of  (daces,  whivh  »k«^ 
anuilier  kmd  and  another  cooRiderution,  all  lk 
rest  must,  lo  tie  made  cnmiualt  turn  iipoal 
agfcrravation  in  the  Article 9« 
uate,  wicket!  and  corrui  *  ' 
to  my sel f  e%ces&\ v e  a n 1 1 
profits  by  divers  m\just  ai. 
after  meoUoned.** 

It  issuch  a  corriiitt  htnrf  nrK.  ^^^n  chttfe 
actiooa,  that  in  th  ,  ui,  id 

some  of  them  perli  ^^  _i_^_,..-    mta  l» 

jnauy  crimes. 

And  yet  it  is  very  exlraordinarv.  and  sc^m 
|iosiiib]e  to  be  conceived,  liut  \i 

been  such  a  corrupt  heart,  n  u 

out  upon  some  otb«r  uccasiuij  ui  my  [i^  }i^ 
one  instance  of  my  whole  Life  Uaa  been  y# 
produced  to  shew  it. 

Several  of  those  under  me  Uavr  been  nft^ 
mined ;  several  olEoers  imin^diattly  muntJ^ 
on  me,  that  receitfd  comai durable  una6t>  J0 
aalahes,  to  tlie  amuiiul  of  3  or  4,000/*  fV 
auuuQL,  and  mure ;  if  I  had  aei  mj  hmtt  Hftf 


froiii  my  i 
v'|*jftt-^ijf  e  pra 

irf    nr  K 


Jier  High  Crimes  arid  Mi<dente€meTS4 


made,  anD^ogsl  those  vrhom  1  batl 
^^mnmty  ai  in*'rov,  mnl  in  \mwgte*  But  Uicrc 
^B^os  no  Biipe&rAiice  brea  ffHior!  of  iioy  tbtfii?  ot 
^^piat  kind :  And  is  it  nol  more  likely  itiAt  1 
^■ilroutft  have  laid  hoi  J  at'  a  certaiii  prufit,  tbais 
^P  V  laviAi;  FidivnicH  fur  nd vantages  upon  the  un- 
\  oertaio  ooating^eftcy  of  the  ulea  of  Ma«tcta 
oflicesf 

The  raliw  of  sach  an  ^pfctatlon  ia  a  mere 
tfil!»;  aod  with  r«»f>eci  lo  the  pr^JiahiUty  ol' 
ili  hti(iperi(Uff,  it  uraa  #iooe(Jin^  uncertaiii, 
wii«ilht  r  I  nUmM  have  an  Ofiforlijnlty  of  putiiiig 
in  one  s^un^le  Maat^. 

Three  Miusi€i^  hare  hsp}fen€d  to  the  in  my 
lime  ;  and  two  of  tbo^e  rii  less  than  the  space 
of  a  year;  But  I  think  not  one  to  uioe  years 
Wlbre. 

My  lord  Cowper  sdioitled  hut  one  iu  Ibe 
laM  Ume  of  his  tNHiig-  ChaiicelloTi  which  waa 
Ibur  yeai*  ;  and  that  waa  upon  a  aurrender, 

There  ane  i<i  cnrattora ;  only  one  has  died 
in  my  lioie :  30  GOMtniaflfOiiafa  of  bankrupta ; 
only  oae  died  iu  alxive  nHx  years. 

Hurrcudera  of  the  oiBoes  of  M»«fters  are  rore- 
ly  tilhiArr  i^  or   17  yeanti  Boneiunea  30  or 
^■40  yt;i»r»  t^ujoyroHit. 

^B    lly  (it'e  w&i  «ery   noeet'tain  :   The  oflice  of 
^"  Chwicellor  much  more  so. 

L»ul^  tiierefore  ns  to  lie  hoped  from  ihc 
prw^fUtci  h<r  fnude  by  IVIanters*  plates. 

Mj  hffds,  in  ih«  next  pi(ice  I  at^prehend^  that 
k  a^aarv  1  did  uut  take  tlie  advauiage  1  irught 
Have  taken. 

When  the  time  caine  lor  me  to  reap  the  fruit 
gf  ail  my  contriraiices,  all  lhos«  schemes  and 
atratig«ins,  the  wnrk  of  ahuve  three  years,  (a 
grval  «{»ace  in  the  time  i»4'  a  Cltauce'llor)  see, 
whe^hor  there  he  the  li^H^^t  mark  or  syoiptoin  of 
I  IIhh  hr»|io(cnt  desire  of  i^aiii  I 
I  \%h4t  I  did^  proves  beyond  all  contradiction, 

that  I  never  Imd  any  »Lich  rtewa  aa  these  I  hey 
lay  40  luy  charge. 

t  i«iok  noi  the  adrant^^e  I  mig^ht  have 
;  I  took  a  le»9  sum,  when  a  greater 
offi^rtHl ;  aud  part  of  the  monry  was 
l«turiied  a|r«in  to  ^l\\  KIde  tiud  Mr.  Thureftoti. 
And  when  Mr.  Thum^^uS  money  was*  relurn- 
#d;  only  fnr  bein^  more  than  H  was  e)cpected 
!•  be,  every  thing'  was  in  the  same  atate  aa 
when  it  was  paid. 

And  )ioit%thiy  your  lordships  will  think,  from 

aome  other  evidtfnce  ifiven,  that  amftMiog  a 

great  ««tate  was  never  ray  view  ;    ntuhhat  ra- 

and  base  ways  <  money  are 

i  oonsialrnt  with  my  v,  14^  it  out, 

TuH  answeY  »o  ttie  it'ur^eof  my 
.    and  the  whole  mttlnn>itv  of  ah 


rrreso- 
.    .    ^-..-.  -^^  there 

.^  are  flatiafied  «f  CHta 
at»jin-hpnd  the  atmg  of  tbia  itn* 
tiiken  out. 
iving  thua  gois*  thraugh  aU  my 


obaenatkittit  it  may  poatibly  he  expected  t 
aJrQiild  ckwethcm  witli  olTenng  something  in 
general :  But  I  tliink  it  properer  to  forbear. 

1  am  not  conscious  to  roywelt,  iliat  it  if  na- 
ees^ary  ru  this  case  to  apply  to  the  pasaiona; 
whrcit  is  a  common  aKitice  to  assist  a  weak  de* 
fence.  If  1  have  done  any  public  or  pnvate 
gocxl  (of  which  Inift  »ome  specimen  ha«  been 
JBid  helbre  your  lordsliips)  it  will,  I  am  coo-» 
tideol,  have  its  full  weight. 

I  snbmit  my  whole  life  and  conduct  to  yoiur 
lordships*  judgmeat ;  and  nsly  entirely  upon 
your  juadce  (or  luy  acqmttal. 

Mr.  Flummer.  My  lords,  I  am  not  ^oing  to 
make  any  ol^erralions  upon  this  speech ;  neU 
ther  did  I  interrupt  tht»  lord  in  makinj^^  it.  But 
une  thing  t  am  to  say  for  form  bake.  We  pro- 
duced to  your  lordfcbip«t  u  copy  of  a  ktier  writ 
from  Mr.  Lighibaun  to  my  lord,  he  hath  now 
read  the  original  tetter ;  1  de»iie  that  the  or^ 
g^inoj  may  be  dellrercd  mlo  court,  that  we  m^y 
have  the  |ieru«al  of  it. 

E.  of  Mncc,  I  Mievc  the  tfentleman  is  per- 
fectly in  the  tight  of  it.     It  is  liere. 

[The  House  adjourned  to  Friday  morning 
next,  at  ten  oVJock.] 


T»E  Tbkth  Day, 

Friday^  May  Sl« 

The  Lords  being  seated  in  their  lloaie,  llie 
aeijeant  at  arms  made    proclamation  for   si* 
As  also  the  other  proclamation,  That  alt 


lence: 


persons  concerned  were  to  take  notiee,  that 
Thomas  earl  of  Maodedield  now  sinod  upon 
hta  trial,  and  they  might  come  forth  in  order 
to  make  good  the  Charge. 

L.  C.  J.  King,  Gentlemen  of  the  Hottse  of 
Commons,  y«»u  may  proered* 

Serj,  rengcli^.  M  v  lords,  the  part  as^gned 
tome  in  this  Impeiicbmciit  *  •  -t--  iSr*  earl  of 
MaecWriehl,  is  to  reply  to  icc  upon 

the  Fifth,  Hixth,  Seventh,  Llg:  ..,  .,ii.lh,  Ele- 
venth, and  Twelfth  Artides. 

Belbrp  I  pn\ri  \nin  ihf  particular  eTrnmtna* 
tioo  of  :.jj3\insrt  the  t'barga 

of  the  ^  l  m  these  Articles, 

and  of  the  mattera  ait^ged,  either  in  ju^tifica- 
tion»  or  excuse  of  the  lord  im^ieached  :  1  shaH 
take  the  liberty  of  observing, 

That  your  lonlKhij^s  are  now  exerciainjf  a 
power  of  judicature,  reserved  in  the  origmat 
Irame  of  the  English  constitution^  for  the  po- 
»i ,'  '"    ces  of  a  (mblic  nature,  which 

m  tion;    as  well  in  instances, 

wiitr^  ine  iruenor  courts  have  no  power  fo 
ptioish  the  crimes  cooKnitied  by  the  ordinary 
rules  of  justice  ;  as  in  cases  within  the  jnris* 
dietion  of  thecoiirts  of  Westinihut*  rhnU,  where 
the  [lerson  offcodtng  is,  by  his  d*  gsee,  raised 
above  the  apnrabansioa  ordatiger,  fi^mx  a  pro* 
aecution  earned  on  in  the  more  usual  course  of 
justice;  imd  whose  ex;ilted  station  requires  the 
united  ttccuvalioti  of  all  the  Common*  of  Great 
Britain,  by  their  repretentattfes  iu  parHarooot, 

4a 


ISSJ] 


10  GEORGE  L 


Tfud  of  the  Emrt  qfMaedeffiddp 


[IS9 


Thb  high  jurisdiction  may  be  enrciied  for 
the  preservation  of  the  rights  of  the  Lords  and 
CotiimoDS,  against  Uie  attempts  of  powerful 
eril  ministers,  who  depend  upon  the  nifoar  of 
the  crown  ; 

Or,  it  may  be  put  ill  execution  for  the  ease 
and  relief  of  a  good  prince,  whose  bobour  has 
been  betrayed  by  a  corrupt  servant;  and  yet, 
whose  clemency  makes  hira  unwilling  to  pu- 
nish ;  8(»  that  it  becomes  necessaiy  for  his  faith- 
ful Commons  to  take  into  their  care  the  prose- 
cution of  such  an  offender. 

Former  reigns  have  supplied  your  Journals 
with  many  examples  of  the  first  kind. 

llie  present  reign  produces  an  instance  of 
the  latter  sort,  wherem  the  Commons  brinff 
before  your  lordships  in  judgment  a  peer  on 
fending,  with  the  greatest  ingratitude,  against 
a  most  just,  and  roost  merciful  sovereign. 

For,  the  king's  royal  muuificcnce  bestowed 
upon  this  Earl,  in  the  most  abundant  measure, 
could  not  exempt  tbe  inferior  officers  from  his 
exactions,  nor  protect  th^  suitors  and  their  pro- 
perties in  tbekmg's  own  Court  of  Chancenr. 

The  general  crime  charged  upon  the  Earl, 
in  five  w  these  Articles,  is  extortion  by  ootour 
of  his  authority  as  Ix)rd  Chancellor. 

The  offence  alleged  in  the  other  two  Ar- 
ticles, is  gross  and  wilful  negligence  in  bis 
office,  to  the  great  damage  and  loss  of  the 
•uitors  of  the  Court,  but  to  his  own  private  gain 
and  advantajge. 

The  particular  exactions  are  his  taking  1051. 
from  Blr.  Thomas  Bennet,  for  accepting  tbe 
reiigiiation  of  the  offioe  of  Clerk  of  the  Custo- 
dies in  the  Court  of  Chancery,  in  order  to  ob- 
tain a  new  graut  to  Mr.  Hugh  Hamersley,  and 
procuring  the  same  to  -pass  the  great  seal  ac- 
cordingly. 

His  exacting  1,500  guineas  from  Hr. 
Kynaston,  for  the  admitting  him  to  be  a  Master 
ofthe  Court  of  Chancery,  upon  the  resignation 
of  Mr.  Rogers. 

His  exacting  the  like  sum  of  1,500  guineas 
from  Mr.  Thomas  Bennet,  for  the  admitting 
him  to  be  a  Master  of  the  same  Court,  upon 
the  surrender  of  Mr.  Hiccocks. 

His  exacting  the  sum  of  5,000  guineas  from 
Mr.  Elde,  for  the  admitting  him  to  be  a 
Master  of  the  same  Court,  upon  the  death  of 
Mr.  Fellowes. 

His  exacting  the  like  sum  of  5,000  guineas 
from  Mr.  Thurston,  for  tbe  admittingnim  to 
be  a  Master  ofthe  same  Court,  upon  the  death 
of  Mr.  Burret. 

Tbe  la&t  Article  relating  to  Mr.  Thurston  is 
charged  with  this  aggravation,  that  the  former 
Blaster  was  dead  insolvent,  greatly  indebted  to 
the  suitora  ofthe  Court ;  and  tliat  tbe  Earl  did 
not  secured  just  satisfaction  to  the  suitors. 

And  the  exaction  ofthe  105/.  from  Mr.Tho. 
Bennet,  is  alleged  to  be  done  when  the  Earl 
was  one  of  the  lords  justices. 

These  misdemeanors,  as  well  as  all  the  other 
•ffences,  of  which  the  Earl  is  now  accused, 
were  committed  by  him  whilst  he  cxoouted  the 
•fficeof  Lord  Chauoellor. 


From  whence  the  Earl  and  hie  eoonsd  taks 
occasion  to  make  a  triumph  npon  the  suppssd 
justice  and  regularity  of  nia  adminiilration  ui 
eondtict,  when  he  presided  ia  the  Cmiit  d 
King's  bendi :  becausetheCoDimooshavcMt 
produced  any  misbehaviour  in  the  executiaid 
that  office  wherewith  to  furnish  oal  an  Ankh 
against  him. 

This  may  be  an  instance  of  the  lenity  of  thi 
Commons,  but  it  is  no  pfoof  of  the  Bart's  ti- 
noceucti ;  who  best  knowing  bis  own  behaviour 
declines  to  abide  the  examination  of  biia^ 
tions  during  the  six  years  ;of  his  cootinoMfli 
in  the  office  of  Lord  Chancellor ; 

But  flies  to  a  sanctuary  fiir  indemnity  nd 
discharge ;  which  shews,  that  the  Eari  «> 
teemed  himself  more  secure  uuder  shelter,  ikM 
upon  a  justification  of  his  conduct. 

And  the  success  of  the  Commons,  io  tk 
very  strong  and  full  evidence,  which  they  hstc 
laicL  before  your  lordships  in  maintenance  tf 
those  Articles  upon  which  they  have  proceedsi 
leaves  very  little  reason  toima^ne  tha^tkj 
would  have  failed  in  their  proof»  if  they  had 
extended  their  inquiry  into  bis  former  life,  cr 
had  entered  into  the  rest  of  the  Articles. 

And  after  the  strict  and  long  oxaminatioa  of 
witnesses,  which  has  entertained  your  lordsbipi 
for  so  many  days,  I  may  venture  t»say,  tbt 
the  consistency  and  uniformity  of  the  jnsi 
given  in  support  ofthe  accusation  of  tbe  6oia- 
mons,  upon  so  many  different  heads,  are  sofi- 
cient  to  convince  all  the  world  of  the  neoesaiy 
which  there  was,  for  the  honour  of  the  kisf, 
and  the  welfare  and  satisfiustioD  of  the  natifls, 
to  carry  on  the  present  prosecution ; 

And,'  I  hope,  have,  already  fully^  satisM 
your  lortlsbips  of  the  truth  and  justice  of  tkt 
Commons'  Impeachment. 

But  as  there  have  been  several  objectioM 
made  on  the  behalf  of  the  Earl  impeached, « 
well  to  the  foundation  of  the  Charjce  itself,  sa^ 
to  the  event  and  consequence  of  jt,  aa  Io  ike 
sufficiency  ofthe  evidence  ofthe  facts  allvfed; 
it  will  be  necessary  for  me  to  give  an  answer  is 
these  objections,  and  to  maintain  the  Chsrss 
io  these  respects ;  which  1  shall  proceed  to  do 
by  shewing,  that  the  impeaclin>ent  is  wdl 
founded,  and  that  the  facts  io  the  Ankles  bcfoa 
stated  have  been  plainly  and  fully  proved. 

The  Earl  himself  began  with  insisung,  thit 
his  general  oath  of  office  baa  no  relation  to  t^ 
offences  charged ;  and  that  no  inference  cm 
be  made  to  his  prqndice  from  the  tenor  of  thai 
oath. 

But  the  Earl's  remembrance,  or  ezplanatioB 
of  his  oath,  is  very  defective ;  he  has  set  it  oat 
at  Urge  in  his  Answer,  and  thereby  he  swesrii 
that  'I  He  will  well  and  truly  aerve  the  kiof, 
and  his  people  in  the  office  of  Chancellor,  wai 
do  right  after  the  laws  and  usages  of  tbii 
realm ;"  which  comprebenda  the  obserrttioa 
of  every  thing,  which  is  part  of  the  duty  of, « 
incident  to  his  office, 

And  the  avoiding  of  every  illegal  and  uysiC 
action  in  the  execution  of  it. 

And  tbeomissioa  of  any  part  of  hkdflllfi  ^ 


'S  mtd  Misdemeanori, 


A.  a  1725i 


itlic  <?ommiuton  of  any  offence  ogroiost  the  ifoty 

*©r  his  office,  h  a  breaich  of  ihjji  oath  of  office, 

tlibou^fh  the  iitrticiilars  are  not  enumerated  in 

I'lilccmili  ;  anil  the  coatrary  ojMnkiM  it  ill  0|ieri  a 

rio  the  c^mmiisision  of  all  raaiuief  of  in- 

and  ra|Htie  by  civil  officerf . 
be  £arf  hkmrtse  relies  upon   it,  tbal  the 
whole  Charge  turns  ti^iou  hi^  w  «rtfetJ  and  cor- 
rupt intent  and  vipws  nlle^t^d   in  tlie  introduc- 
mi»  fvbicb  (as  he  layt)  hive  not  been  made 

But  these  will  l»e  apparent  frotti  the  proof  of 
the  sereral  facts  charged  ;  whicli,  if  they  are 
ttnlawful  and  unv^ar  ran  table,  and  do  tend  to  the 
fMaiii^  money  by  corrupt  and  extorsive  mca- 
snres,  will  manife&t  thiit  intent,  and  prove  it  as 
Btronifly  as  if  be  had  tleclarcd  his  desi^DS  in 
open  Cotirf  •  *'  -  Ttich  acta  cannot  be  done 
with  t  go<»  st  intention. 

The  ma..;  „.,..,, inn  a^rainst  the  Article  is 
that  there  is  no  matter  of  a  crtminat  nature 
conlaiued  in  the  money  Articles  ;  or  if  there  is 
«  CI  ime,  )  et  lh:it  lliere  is  no  punishment  an- 
nexed or  inctJent  to  it,  which  your  lordships 
emu  now  ioSict  i}|>od  the  Earl,  aher  he  i»  re* 
mofed  Irum  hiaofhce. 

In  answer  to  i¥hicb  T  shall  insist,  that, 
The  Earr*  selling  these  offices^  or  dUposing 
of  thetn  for  money  taken  by  him  before  the 
admission  of  the  succeed itifif  ottic^rft  in  the  man* 
ncr  alltged  and  proved,  is  an  offence  at  the 
dMnmoii  Jaw,  and  punishable  by  tine  and  im- 
|iri«oomentf  upon  indictment  or  information  ; 
•S  well  where  the  money  was  taken  for  an  ad- 
mission upon  a  resijfnftiion,  us  upon  a  death. 
To  moke  out  this,  it  must  be  considered,  that 
The  kitt^  bating^  the  executive  power,  or  the 
admttiistration  of  ordinary  justice,  lodg'ed  in 
him,  i*  in  canHei^uonce  obliijed  to  proviJe  and 
mppoint  capable  and  sufhcient  officers,  necessary 
fer  the  due  execution  of  jfr4»tice,  in  his  f^everal 
i,  for  the  beuetit  of  his  subjects :  bis  coro- 
I  o«th  pn»ves  this, 
fiid  accordini^y  I  he  crown  has  always  paid 
be  salarien  or  fecu  of  the  T^jrd  Cliancj^llor,  nnil 
r  principal  ofHcers  of  justice,  and  also  of 
Hy Inferior  ministers,  out  of  the  royal  reve« 
Rtic  ;  and  other  wubordinate  ministers  were 
tnaintainrd  by  the  chief  otficer,  to  the  end  lli»t 
lh«  subject  should  not  be  exposed  to  exaction 
0r  Oppi'tMiiou,  under  pretence  of  any  demand  of 
or  reward  by  the  uiiuistcr^  of  public  justice  for 
the  exttcution  of  their  oHices  ;  which  is  the 
aourc«?  of  all  that  corruption,  which  at  any  time 
iprinipi  up  in  tht*  courts  of  iustice* 
I  The  ancient  law  of  Euglaod  was,  that  none 

^■Mtiitff  any  ofiice  O'nceruini^  llie  adoiiuistra- 
^^Boii  of  luslice,  should  take  any  fee  or  rei«  ard  ot 
^^Btiy  subject  for  the  doing  of  his  ofiice,  to  the 
^Bvnd  be  might  be  t'rfe  and  at  litierty  to  do  jus- 
~tic«.  f8ut.  Wettm.  U  cap.  10.  A.  3.  Ed.  1. 
Co.  9.  innt.  176,  $09,  310.  Co.  9  Init  145* 
X47,l4tt,l 

And  sevml  charters  of  former  kings,  and 
flUlHIca  4«clantory  of  the  common  taw  in  that 
I      fipdOt,.haft  bf^n  madts  lo  uitarce  the  due  ob- 
nnmite  thcnol,  tm^ 


8tat.  Westm.  1,  5  Ed.  i.  c.  «<$.  SO  £d.  S, 
c,  1. 

My  lord  Coke,  3  Tnat.  146,  saySt  the  9i")  Eit.  3, 
c.  1,  is  only  a  commandnivut  of  the  king;  and 
that  there  is  no  reconl  of  any  such  act  in 
any  parliameut  roll,  and  ret  necessary  to  be 
pnnted,  becansethe  4th  chapter  of  ibis  parlia* 
meut  refers  to  the  pains  cont&iaed  in  il«  [Co.  t 
Inst.  74,  176,  209,210.] 

Yet,  if  it  be  only  the  kinjf's  charter,  it  is  m 
declaration  of  the  common  law  at  that  time ; 
but  it  is  printed  in  old  RastaPs  edition  of  8ta- 
tutes,  foL  89*  and  in  all  the  rest  of  the  printed 
sUtQtes.  [Co.  3  fust.  S$4,  %U.  Co.  3  Itist, 
146,  cap.  68,  of  Biihery,  Extortion,  ^c] 

90  Ed.  3,  cap.  0,  and  more  particularly  the 
act  of  11  U.  4.  Rot.  purl.  num.  2d,  by  which  it 
is  enacted, 

**  Item,  Que  null  Cbanceller,  Tresorer,  Gar- 
detn  de  Prive  8eal,  Couuseller  do  Roy,*  sere- 
mentez  a  Counsetl  dii  Roy,  ue  null  autre  ofhcer^ 
Judge,  oe  ftlinistre  du  Roy,  prenant  Fees  ou 
Ga^  de  Roy,  pur  lourdltz  Offices  ou  Services 

Kreigneen  null  Meneve  en  Temps  aveoir  ascun 
f  aucre  de  Done  ou  Bi'0ca(j;e  de  nully  (K>ur  lour 
ditz  Offices  el  Services,  afaire  sur  Peyn  de  re- 
spondre  a  Roy  de  la  Treble  de  ceo  que  is^i  pre* 
ijt^uont,  et  de  satisfier  la  Par  tie  et  punys  at 
Vuluotes  de  Roy,  et  soit  disohargez  de  :ioii  Of* 
ttce,  Service,  el  Counseil  pur  ioui»  jours,  Ace/* 
**  Item,  That  no  Chaticellor'*  (this  high  othcer 
is  mentioned  in  the  iirst  place  by  name)  •♦  trei- 
surer,  keeper  of  the  privy  seal,  counsellor  of  the 
king,*  sworn  of  ilie  kiuf^s  council,  nor  no  othf  r 
officer,  judge,  uoruiintsterof  the  king,  reLcir* 
ing  fees  or  wages  of  the  king  for  the  said  of* 
f\ce«  or  services,  take  in  no  manufr  in  time  to 
come,  any  manner  of  gift  or  brocatfe  of  any 
jterson  tor  doing  their  said  otlice^  nud  services, 
upon  pain  to  unswer  to  the  king  the  treble  of 
what  ibey  so  take,  and  <-  -  '^  ^^  ^Ue  party, and 
to  be  piimsbed  at  the  ki  ire,  and  shall 

be  discharged  from  his  ui..^^,  ..:  uce^and  coun- 
eel  for  erer^''  Ike, 

This  statute  is  entered  on  the  parliament  roll 
of  that  year,  umtmi^vt  the  records  in  tht;  Tower  ; 
it  is  not  indee«l  entt-red  ou  the  statute  roll  :  but 
the  parliament  roll  \h  tlie  originaJ,  and  is  the 
warrnot  for  the  statute  roll,  and  is  therelbre  of 
great c?r  authority. 

In  the  margin  of  the  roll  is  entered  thits,  vii. 
**  Respcctuatur  per  Dootinuio  Principem  «rt 
Consihum." 

Ffir  w  hich  reason  my  lord  Coke  says  it  was 
never  printeil  in  the  book  of  statute*!,  of  which 
he  highly  cotni>l«itt«r ;  alii!  thert  tore  has  reeit«d 
it  at  large,  snd  cauitcd  il  to  be  printed  in  hie 
ad  InM,  foL  146,  c.  Oil,  of  Bribery.  Estoniou^ 
^c,  and  c.  101,  of  Judgments  and  tsxrcuitvos* 
fol.  $«4,  'i1?5,  which  is  one  ol  thr  ftrst  books  re- 
letttig  lo  the  crown  law,  reail  by  tbr  »tuileels  of 
the  law,  and  was  thus  pubtts hrd  by  Uiat  grfsl 
man,  to  impress  an  early  abhorrence  ol  tvvty 


•  N.  B. 
tliii  word* 


The  pristtitl  books  hate  auitftkia 


10  GEORGE  I. 


1SS5] 

tbiDg  which  may  tend  to  extction  and  extor- 
tioD  ;  aud  must  nave  oftea  come  under  the  ooo- 
■idenition  of  the  impeached  lord. 

These  statutes  ha?e  indeed  been  opened,  and 
altered  by  subsequent  statutes,  as  to  sereral  in« 
ferlor  officers ;  and  some  small  fees  have  been 
anciently  allowed,  and  permitted  in  particular 
cases  ;  but  it  has  been  obserred,  ^Co.  S  Inst 
74,  209,  210,]  that  irom  such  mdulgences 
many  oppressions  of  the  people  have  ensued. 

But  the  common  law  and  the  seireral  acts  of 
parliament  before- mentioned,  do  not  only  still 
remain  in  force,  with  respect  to  the  Lord  CJhan- 
cellor,  but  have  been  confirmed  and  enforceed 
by  other  statutes. 

And  the  fn^at  chsrter  of  our  liberties,  Ma^nia 
Charta,  c.  29,  Co.  2  lost.  55,  56,  does  imply 
this,  **  Nulli  vendemus  Justitiam  aut  Reo- 
tum ;"  Mi  hich,  aeconlintiir  to  my  lord  Coke's 
«»mmeiil,  is  spoken  in  the  person  of  the  kiui|^, 
who  in  ).^'>v  Ih  pri^eiit  in  his  own  courtA  of  jiui- 
tice,  an''  rt-penlint^  these  words,  which  (says  he) 
eitcnd  lo  tiie  end,  which  is  justice,  aud  to  the 
mean,  wbei-ebv  jii<-tice  may  be  attained,  which 
is  the  law  ;  o*i ,  a>  it  must  be  understood,  the 
administrati%)n  of  *he  law  by  the  officers  of  jus- 
tice ;  unless  it  can  lie  suppo8c«l,  that  the  statute 
providers  against  the  lesser  evil,  but  allows  the 
greater  raisnhief ;  that  it  prohibits  the  sale  of  a 
parriculur  decree  or  order,  which  may  be  right 
and  just  in  itself; 

liut  leaves  the  king's  superior  officer  at  li- 
berty to  sell  the  whole  body  of  the  suitors  of 
the  Court  in  the  gross,  to  the  exaction  and  op- 
pression of  the  under  officers,  in  the  fees  which 
me^  shsll  demand  against  law  aud  right. 

bo  that  if  the  Earl  impeached  had  exempli- 
fied this  rule  of  my  lord  Coke  in  the  Court  of 
Chancery,  where  he  immediately  represented 
the  king's  royal  person  ;  and  once  m  a  term 
sitting  in  Court  between  his  blasters,  who  paid 
for  their  plaices  out  of  ihe  suitors'  effects,  had 
repeated  to  tlie  suitors  this  glorious  declaratinu, 
**  Nulli  veodemns  Justitiam ;"  he  must  have 
made  a  very  inconsistent  figure,  in  the  opinion 
of  the  meanest  capacity. 

It  will  then  be  pUin,  that  as  to  snch  offices, 
which  are  in  the  immediate  gill  and  disposal 
of  the  crown,  they  cannot  in  their  own  nature 
be  saleable  or  disposed  of  for  money  ;  because 
the  king  himself  cannot  be  supposed  to  suffer 
them  to  te  put  to  sale. 

And  the  ministers  vf  the  crown,  who  hare  no 
immediate  right  in  the  office,  and  are  only  to 
execute  and  confirm  the  king's  pleasure  in  the 
disposal  of  the  office,  cannot  sell  that  which  b 
not  their  own ;  nor  ought,  nor  can  they  law- 
fully take  any  fee  or  reward,  lor  acceiKing  re- 
aigiiations,  or  making  new  trrants.or  admissions 
into  pUuMs,  or  for  cooferriuff  inferior  offices, 
with  which  they  are  entrusted  by  virtue  of  their 
•WB  office ;  wliich  wonld  be  the  taking  money 
lor  the  doin^  of  ilieir  office,  contrary  to  the 
law,  and  tlie  before-mentioned  statute. 

But  Ihrre  is  anelber  very  good  act  of  par- 
Namenl,  which  Ims  bcea  raad  at  Tonr  lardahipa* 
Uble,aiid  prorca  thia  pnciioe  at'  aaUiaf  wadk 


rriid  qfthe  Earl  qfMa^ckffiM, 
offiooa,  to  be  an  nffoiee  at  the 


VIZ. 

19  Rich.  S,  c.  S,  entitled,  ''  None  abaU  4^ 
tarn  offices  by  suit  or  for  reward  .*'  [Co.  1  li* 
134,  a.  Co.  3  Inst.  145,  147, 148.] 

"  Item,it  is  accorded,  that  the  Chaocellor"(h| 
express  name)  "treasurer,  keeper  of  Ihepnij 
seal,  steward  of  the  king's  house,  the  kisp 
chamberlain,  clerk  of  the  rplls  ;  the  jnaucts  rf 
the  one  bench,  and  of  the  other  :  barons  of  tk 
Exchequer,  and  all  other  tliat  shall  be  called  H 
ordain,  name,  or  make  justices  of  the  pcsoi^ 
sherifis,  escheators,  customers,  oomnliiittei% 
or  any  other  officer  or  minister  of  the  kiif, 
shall  be  firmly  sworn,  that  they  shall  not  o^ 
dain,  name,  or  make  anv  socli  nfficcn,  sv 
other  officer  or  minister  ofthe  king  tor  any  gift 
or  brocage,  favour  or  affection.'* 

The  act  proceeds  farther  in  a  difictent  km 
of  expression,  and  to  another  matter : 

**  Nor,  that  none  which  pursuetb  by  him,  or 
any  other,  privily  or  openly,  to  lie  in  any  bm* 
ner  of  office,  shall  be  put  in  the  sanae  office,  ir 
any  other ;  but  that  they  make  all  auch  tit 
ficers  and  ministers  of  the  best  and  most  iawM 
men." 

The  Earl  apprehended  the  stress  of  this  it^ 
tute.  and  how  much  it  pressed  upon  him ;  ai' 
tlierefore  has  endeavoured  to  dl^tiug1lish  hish 
self,  not  only  out  of  the  oath,  but  out  ol  ikt 
entire  act,  by  objecting,  that  this  statute,  mk 
the  oath  therein  directed,  only  extend  to  vtA 
nominations  as  are  made  in  the  nature  of  dic- 
tions, by  an  assembly  of  all  these  gmat  oflion 
and  ministers,  when  they  are  called  togftkr 
lor  that  end ;  which  word  '  tofirpther  '  is  oi  Itif 
own  inserting,  to  serve  his  purpoM* ;  as  «ii  ibe 
case  of  sheriffs,  and  not  to  thtir  siusrle  and  ie- 
parate  nomination  of  otHcers,  in  right  ot  tber 
respective  offices  by  themselves. 

This  is  the  EaH's  own  objection,  and  not  if 
his  counsel,  and  will  (if  allovied)  expound awiy 
the  whole  act,  in  all  the  express  instances  ni«a' 
ticned  in  the  statute,  save  one  ; 

For  there  is  but  ^ne  officer  named  in  the  ad, 
who  is  nominateil  thus  in  an  as^semdiy  or  pn^ 
lie  meeting,  which  is  sheriff;  and  ail  the  rol 
are  onlainett,  and  made  'by  the  great  (»tfioiis 
separately,  in  their  own  right ;  as  juices  if 
peace  by  the  chancellor ;  and  csf-heatur^,  cis- 
tomers  and  coniptruUers,  by  the  lord  treaserff. 

And  the  rest  of  the  wortis  of  the  act,  vii. 
''  Or  any  other  officer  or  minister  of  the  kinf," 
vrill  be  totally  expunged  by  this  nice  interpre- 
tation. 

But  the  words  plainly  mean,  that  every  sM 
of  these  officers,  who  by  virtue  of  bis  officii 
shall  be  called  (not  called  losfetber)  by  coo- 
mand  of  the  crown,  or  in  ezecuiion  of' his  si- 
fice,  to  name  or  make  any  infenur  officer,  ibdi 
be  sworn  ;  for  they  never  are  all  called  lo^ 
tber,  unless  on  the  nomination  of  shenfiii. 

The  Earl,  for  more  security,  and  for  the  ab 
of  better  oompanT,  objects  ftrtber;  ibst  the 
anrument  from  tLis  set  and  the  oath  wil  it 
too  far ;  fer  tlnn  ikej  are  awem  net  to  pmv 
any  who  make  mit  or  appUcatiett  faraif  iCH> 


1817] 


Jiff  Higk  Cfimet  and  Miadmnoffvrt. 


A.  D.  17«. 


Bui  liiit  if  ao  virl  of  Uie  €«lb  s  iiii4  thcY  nre 
9iiljr  tworn  M  Imr  »«  tbe  stitute  estafiils  it, 
iMiich  it  10  Uic  former  pftil ;  and  this  clause  in 
Ht  eoiicluslon  of  the  act  is  otilj  director j,  and 
hitradticci  a  new  instruction  tA»  Uie  gr^iii  of- 
fifltfi,  kut  doei  DOt  carry  oq  tlic  pm'[>ort  of  tke 
ealli ;  lar  ttie  wor<t9  ftre»  **  It  i«  accorded  that 
liie  cbaucelior/*  ^c.  (In  tbe  affirmatife)  ^*  shall 
be  sworn,  that  they  shall  not  name/*  ^c.  and 
Ite  acoletice  wliich  I'oHows  is  a  new  claime,  b^ 
f  ittciiDgf  with  a  nesilifCt  viz.  *^  Nor,  that  none 
which  |vtir8U««li,  Jc6«  ahall  he  put  into  any  cit- 
fioe,"  &ic,  and  refers  to  tbe  person  applying, 
%ad  not  to  the  officer  appointingf. 

80  that  this  latter  part  of  ihc  statnte  ought 
to  he  obaenreit ;  hut  the  officer  is  not  required 
to  be  sitorn  to  the  observation  of  it. 

This  statute  takes  it  for  granted,  that  the 
contrary  practice  of  naming  subordinate  olHcers 
Ibr  giti  or  brocage  wmi  yn lawful  before,  at  the 
common  law  ;  sinoe  it  does  not  create  or  enact 
it  to  be  ao  offence,  but  provides  an  additional 
eon  strain  t  or  obligatioo  upon  tbe  superior  of- 
ficer by  an  oath,  not  to  comiait  the  offence  ; 
and  it  still  remains  an  offence  at  tho  common 
law,  and  douH  depend  on  that  statute,  hut  is  a 
gfctat  oBetice,  although  the  oath  he  not  taken. 

Tbia  statute  contains  the  moat  eictene»lf  e  and 
general  words,  and  meolkma  ofBcers  of  many 
sorts,  and  different  degrees,  as  well  hi((h  ax  low, 
reliating  to  the  peace,  pubUe  justice,  Aud  there* 
▼enne;  and  that  no  of6ccr,  of  any  kind  what- 
aoerer,  in  the  king's  service^  named  or  ordain  • 
ed  by  the  great  ofticers  of  state,  might  escape 
er  be  omitted,  the  act  concludes  tbe  oescription 
with  these  words,  **  Or  any  other  ofEoer  or  mi- 
nister of  tbe  king ;" 

And  thercio  manifestly  comprehends  both 
these  f»ffic«a  of  Clerk  of  the  Custodies,  and  of 
Masters  in  Chancery : 

For  tliis  statute  refers  to  officers  who  ore  only 
named  or  recommended  to  the  king  by  the 
^^anceltor,  dec,  and  yet  are  oonstituted  by  the 
^png*s  letters  patents,  as  justicesnf  the  nenee^ 
^tt4  sheriif*,  whereby  the  usarpod  fee  lor  re- 
MamietidaUon  i%  df^clarcd  ilte^:a[ ;    and  alio  to 
oiber  otHcers,  who  are  imuiediaiely  constituted 
and  8pp*iintcd  by  the  chief  officers,  by  antho* 
riiy  ilenred  from  the  king,  and  by  virtue  of  the 
trust  in  them  repo«ed  for  the  king's  honour 
^Md  service,  and  for  the  brnefit  of  hts  people,  ■« 
Hksheaiors  and  others  ;   and  thereby  the  other 
'^B^iended  fee  for  nomination  is  condemned. 
^K0|icriirR  and  eiehcatorx  named  in  the  netware 
Htosers  relating  to  the  ndminifctrition  and  exe- 
CQtkm  of  juslice  i    at»<l  >rs  more  espe- 

cwl'yi  t^  iti'iui*^ti^>ta^  -tois  and  luna- 

mtf^*  *i^''  *be    commtsftioRs   ajtd    proceedings 
^Kpreon  ;   whii!h  in  the  chief  part  of  the  trust 
^Bid  nftice  granteti  by  the  Ictv  -  ---nts  to  Mr 
Manersley,  as  Clmc  of   >  iUr«,  and 

"  "  *  '1  was  resigned  by  Mr.  k:.^r,  i,,  smet ;  and 
ppear  by  iIm  pntrDt  itself,  that  this  i>f 
I  Conrt  of  Cnancery,  lias  a  very  near 
1  to  the  oOioe  of  eMbatior  \  and  the  ^ant 
J  folly  describes  tbe  nature  and  antk|utty  of 
Uuinfttca. 


And  as  to  the  nature  and  ant)<|uity  of  the  of 
licejt  of  Masters  in  Chancery,  they  ap|)ear  fulls 
frocu  the  oatb  taken  by  every  Qlast^r  u[>on  hii 
admission,  which  is  of  the  same  import  sod  el 
fect^  in  many  things^  with  the  oatb  taken  by  tb 
Lord  Cbancetlar  himself,  vi^.. 

•♦  To  serve  the  king  and  his  people,  and 
counsel  the  things  thut  toucheih  the  kmg  ; 
prevent  the  di^heriUmce  of  the  kiiig,  or  fr^ 
to  hitt  people  ;   and  not  to  discluse  the  counse 
which  he  shall  giwe  touching  the  king ;  and  ( 
redress  damage  or  fraud  in  the  keeping 
great  seal,  and  to  advise  the  chancellor  tltere- 
of,*»  &c. 

And  also  from  the  ancient  conimi«Ld<?ns  pn 
duceil  and  read,  givii^  the  Masters  nuthurir 
by  the  name  and  description  of  Masters  ol  t& 
Court,  to  hear  causes,  and  make  decrees  '* 
like  manner  as  the  judges  assistants)  m  Uiei 
senCiS  of  the  Chancellor  ;  attd  to  punish  con* 
tempts,  and  to  do  other  like  acts  of  jurisdiction  • 
Atid  hke wise  from  the  actual  exercise  of  their 
ofdccs  in  making  reports  and  taxation  of  costs, 
and  the  manner  thereof  proved  by  some  of  the 
Masters  (and  not  contradicted)  as  that  a  Huh- 
poena  issues  immediately  upon  the  Master't 
taxstion  of  costs,  without  any  order  or  coa 
fimiation  of  tbe  l^rd  Chsnmlor;  that 
rf*|)orts  in  other  instances  are  turnotl  into  de* 
crees  of  Court,  if  not  altered  upon  exceptions, 
and  from  many  authorities  in  the  law  hooks. 

By  all  which  it  is  evident,  that  the  Mtices  of 
Masters  in  Chancery  are  judicidl  ofhces.  or  of- 
fices which  partake  of  a  judicial  authority  atid 
nature;  and  do  touch  and  concern  the  admi- 
nistration and  executioti  of  justice  in  thai 
Court ;  and  that  tbe  Masters  are  associated  for 
that  purpose  to  the  Lord  Cbaneelbr^  as  alleged 
in  the  Articles. 

But  upon  this  occasion  it  will  be  proper  to 
recite  more  particularly  the  authority  of  tbe 
statute  of 

A,  13  Edri,  1,  called  Westm.  2,  cap.  24. 
*'  £t  ^uotiescunque  de  ccetero  evenerit  iu  Can* 
cellana,  quod  in  uno  easu  reperitur  brere,  5c  in 
consimili  casu  cadente  sub  eodcm  jure,  ^  aimili 
indigente  Re  medio  non  reperitur  ;  concordent 
Clerici  de  Cancellaria  in  brevi  facieudo,  vel  at* 
terminent  querentes  in  proximum  FMrHa^ 
mentum,  Sec,  et  de  consensu  juris peritorum 
(lat  breve,  tie  conlingat  de  ciEtero  quod  curia 
Uoniiitt  Itegis  deficiat  cooquerenlibtis  in  Jus- 
Ulia  perquirenda.' ' 

Co.  s  Inst,  Mify,  407,  Those  here  called 
Clehoii  were  at  this  time,  and  before,  calleil 
M«iei*<tn  Canceilarife,  and  were  associated  to 
thf  Lord  Chancellor;  of  whom  FleU  tailh, 

**  Ctii  associentur  Clerici  honcsti  et  circum* 
specti.  Domino  Regi  junitt,  qui  in  le^ihus  et 
confiuetudinihus  Anglicsuis  n<ttittam  habeant 
picniorem,  quorum  O  tlic  in  m  Mt  huo  plica  tionca 
clq'i  'jurrentium  Aiidireet  Examinare, 

et  cj  Ittatihus  tiijuriAromostt*ns3rum, 

deUitUiii  Ki'Uii'dium  ex^hibtTe  perbrevia  Uegis^'* 

Tbegratittng  and  issuiiig  the  writ,  or  first 
proceeii  MkpQa  tbe  prayer  of  the  plointiir,  or 


13S9J  10  GEORGE  I. 

party  proMCuting^,  is  the  (irat  judicial  act  of  the 
Court,  uiion  the  commeacemeut  of  a  suit. 

And  this  proves  strongly,  that  the  king  by 
Ills  royal  office,  confirmed  by  this  act  of  par- 
liament, did  at  his  own  exigence,  and  not  at  the 
charge  of  the  luitor,  provide  these  clerks  or 
Masters,  to  the  end  Uiat  no  subject  who  bad  a 
right,  should  be  without  a  remedy  in  the  king's 
courts; 

*'  Ne  curia  Domini  Regis  deficiat  conque- 
rentibus  in  Justitia  perquirenda." 

And  the  nomination  of  these  Masters  is  only 
entrusted  with  the  Lord  Chancellor/  as  repre- 
senting the  king,  and  for  the  relief  of  the  subject. 

IS  £drt.  1,  Stat.  Westm.  2,  cap.  24, 50.  Co. 
S  Inst.  407,  486.  Co.  1.  Inst.  54,  b.  John 
IVebb's  Case  8  Co.  48,  49.  Co.  3  Inst.  82. 

So  that  it  is  a  breach  of  his  trust,  in  the  Lord 
Chancellor,  to  confer  any  of  these  offices  for 
gift  or  brocage,  or  to  name  and  appoint  unfit 
and  insufficient  |)ersons ;  since  it  is  the  duty  of 
his  high  office  to  provide  a  supply  of  proper 
officers  to  carry  on  the  due  execution  of  jus- 
tice in  that  court. 

But  it  is  said,  that  it  has  not  been  constantly 
used  to  put  all  the  Masters  into  commission, 
and  that  in  the  commission  9  Oct  4  Ed.  6,  four 
of  the  Masters  only  were  in  commission  ;  and 
when  they  are  in  commission,  that  they  have 
no  authority  to  act  without  the  presence  of  the 
Blaster  of  the  Rolls  or  one  of  the  judges ;  and 
therefore  these  commissions  did  not  give  them 
a  judicial  authority. 

These  commissions,  as  well  as  the  office  of  a 
Master,  suhsistiug  so  anciently,  shew,  that  they 
were  to  be  taken  notice  of,  and  compreliended 
within  the  statutes  made  to  prevent  the  sale  of 
offices  of  justice ;  and  of  late  times  they  have  all 
been  put  into  the  comniission,  as  appears  by 
the  late  commissions  granted  to  the  present 
Masters,  since  the  £ai  I  had  the  custody  of  the 
ffreat  seal,  and  produced  at  the  table;  and 
fwithout  entering  into  the  dispute  between  the 
Master  of  the  Rolls,  and  the  Masters  in  Chan- 
cery, touching  jurisdiction,  wherein  the  Earl, 
in  his  Defence,  has  declared,  he  thought  the 
Masters  were  in  the  ri^lit)  the  judges  them- 
selves in  these  commissions  are  only  authorised 
to  hear  causes,  and  make  decrees,  with  the  pre- 
sence and  concurrence  of  two  Masters ;  so  that 
the  authority  under  this  commission  is  not  less 
of  a  judicial  nature,  from  the  number  of  persons 
necessary  to  make  a  court,  no  more  than  it 
can  he  argued  from  the  same  reason,  that  the 
judges  in  that  commission  are  not  judicial  offi- 
cers, because  they  cannot  make  a  decree  with- 
out two  Masters. 

And  although  the  commission  is  not  properly 
incident  to  the  office  of  Master,  as  annexed 
thereto  ;  yet  as  it  has  always  attended  upon,  and 
accompanied  the  office,  it  proves,  that  the  Mas- 
ters from  the  first  issuing  these  commissions, 
have  l>cen  always  invested  with  a  general, 
judicial  power,  a'  they  had  not  ei\joyM  such 
authority  before. 

But  it  is  not  necenary  to  rely  tatirtly  npon 
lliBtpoiol;  for  if  tbeMoflicei  were  only  DiDif- 


[1310 


Driat  of  the  Earl  ofAfacdeffieU, 

terial,  yet  they  concem  the  administraiioi 
and  execution  or  justice  in  the  Court  of  Chu-^ 
eery,  and,  as  such,  are  under  the  regulatinif 
the  like  offices  at  the  commoD  law,  aiisf 
fully  within  the  description  of  the  statmarf 
12  Ric.  9,  and  5  and  6  £d.  6.  And  thii,fr 
cording  to  the  Earl's  oDimoOy  when  bees!!* 
▼oured  to  terrifT  the  Masten  to  eoBtribaktt 
Mr.  Dormer's  deficiency. 

And  as  the  £arl  impeached,  in  right  of  kii 
office  of  Lord  Chancellor,  was  only  entrwtri 
with  the  nomination  of  the  Masters  for  tke 
.service  of  the  king,  and  for  the  conaeB 
benefit  of  all  the  king's  subjects ;  these  ofioi 
are  no  more  saleable,  or  to  tie  disposed  of  fac 
money,  than  if  they  had  remained  m  theiowe- 
diate  gift  of  the  qtowd,  bj  pmnt  ondtr  tbe 
great  seal. 

It  was  objected,  that  Masters  in  CbiDOir^ 
are  not  expressly  mentioned  in  the  act  of  13 
Ric.  2,  and  that  the  statute  is  a  penal  la»,  vrf 
ought  to  be  construed  strictly,  and  ought  Ht 
to  be  extended  by  equity  to  these  officen: 

But  the  constant  rule  of  exposition  ot  stataki 
of  this  nature  contradicts  that  asserlioo ;  for, 

Statutes  made  for  the  furtheraiiee  aod  W- 
vanccment  of  justice,  for  the  suppression  of  a- 
tortion  and  oppression,  which  (says  the  M) 
are  horrible  and  odious  odnies,  shall  have  i 
benign  and  favourable  interpretation. 

Ikawfage'sCase,  10  Co.  101, 109.  Twioe^ 
Case,  8  Co.  82.  Gooch's  Case,  5  Co.  60. 
Booth's  Case,  5  Co.  77.  Powlter's  Case,  11 
Co.  34. 

And  upon  this  occasion  permit  me  to  repol 
the  words  of  that  great  man,  the  lord  Coke: 

**  Extortion  is  no  other  than  robbery,  but  if 
more  odious  ;  for  robbery  is  open,  and  has  al- 
ways the  appearance  of  vice ;  hut  extortion  piiu 
on  tbe  visage  of  truth,  and  is  more  difficult  is 
be  tried  and  discerned,  and  is  for  the  most  part 
accompanied  with  the  damnable  vice  of  peijarv 
in  the  breaking  that  oath  which  the  officer  look 
when  he  was  admitted  to  his  office  ;"  whicb 
proves  the  imnort  and  effect  of  the  cenml 
and  usual  words  in  an  oath  of  office,  f  Uttir- 
fage*8  Case,  10  Co.  101,  102.  Co.  S  loc 
149.] 

And  here  1  cannot  help  taking  notice  of  tbe 
attempt  of  the  Earl  impeached,  by  his  own 
cross  examination  of  5Ir.  Eyrc^s,  the  officer  of 
the  Excheouer,  and  the  questions  proposed  br 
himself  relating  to  the  manner  of  his  beiif 
sworn  pursuant  to  the  statute  of  12  Ricbarl 
3,  viz.    The  Earl  asked  him, 

What  was  it  that  you  did  read  ?  Did  1  »J 
any  thing?  Or  what  did  I  do?  Orlotbil 
effect? 

The  officer  answers,  '*  I  read  over  the  iH- 
tute  out  of  the  Exchef]uer  book  in  old  French; 
and  after  I  had  read  it,  I  carried  tffic  Bible  W 
the  Lord  Chancellor,  &c.  who,  at  the  coade- 
sion,  kissed  the  book,  bat  he  said  or  rrpend 
nothing.  But  this  has  been  the  ancient  §aitk 
which  I  hare  obienrcd  for  forty  years,  aad  I  b^ 
liere  has  been  always  used." 

In  this  instaiiGej  yoar  lordahifanvaaA" 


1 


1341]  Jor  High  Crmet  and  Miidmtancrs, 


A.D. 


[IStt 


Imrour  of  the  !«tc  supreme  ofiiccr  of  justicCf 
Ri|iUtti  »wfty,  fyf  t«rn  to  ridicak,  tlic  Btrict- 
lADii  tnoM  ^  •  atid  oblignlioD  upon  hiiJ 

b^eiertce   >  ^  iinpofwd  liy  kullidfity 

[  pArliamerit  Imi    Ute  pre^r     "  raption; 

bercb3'  tUc  linil  did  then  (  nck  upon 

6  oU^Tvatton  made  tiy  the  uunu  oi  such  his 
behjinour,  he  lius  a  little  rec^iUoetetl)  shevv, 
cjdhtig'  O'xl  fo  wiine^s  to  his  promise 
ob»erratJon  of  ao  ict  of  parliatnenl 
hintinct  tjtnt  viee,  dr»rn-i;d  to  be  &s  Kttle 
;ri,  and  to  have  19  httle  tnflU' 

ip'  nd, 

Is  Ojiths  taken  by  tr»deni  at  a.  certain  place/ 

ihfir  better  ncc^ommoibtion  in  earning uci 

rohibited  or  fraudutetit  Imfiio* 

Phis  ij  o  ftitt  expUnariofl  of  hit  reserve  tti  «n 

|iii»ocal  Qo&^Ter,  where  he  saySt  *'  ThaA  when 

•  touk  tbf-  usual  oath  of  officr,  he  at  the  lame 

He  touk  llie  oaths  of  nlle^^iance  and  aupre* 

\\  Uiii  no  oath  of  oibce  beMiJi's  that  abore 

be  roidd  not  but  understand  the 

Bg  of  !'; '  >^"  -'uction  to  the  Articlcf  ^  nl- 

|l0^i   *^  1  '  xnke  Buch  nlher  oddn  a^s 

been  Ui  i  .r^...i..i  «l  •/'    aud  uouM  ttot  but 

iicmber  his  repetted  otiAeiiations  of  the  cvrm- 

oy,  at  least,  wh?ch  be  had  annually  practis- 

I  under  ihiH  statute. 

|ioi  the  EarUs  counsel  hare  made  it  neces- 

ta  enter  fartiier  iftlo  iliit  iransActioniby 

imiftin^,  ih^it  hen;  wa«  no  formal  uatli 

or  (akcoi  u  '  rryisiry  kept 

and  tliM  the  n  l  t lie  statute  i* 

I   or  iix^iurtatiott  hj  the 

a*»  tnsiatedt  thai  '  I  an 

kf  ilite  td  Qtth  oi  he 

nken  once  (nr  nil,  iin'  inm  b 
lanouilly  ;  and  if  it  is  an  oath  of  oflice^ 
articulariy  char^frd  in  tlje  Articlci, 
(to  in  anv  manner,  because  the  Ar- 
il lo  be  taken  at  the  time  of  hti 
iing    into  the  ofHce,   ivKieb  was  in  May 
and  lhi«  oatb,  at  the-  soonest,  could  not 
I  taken  by  him  till  tli  r  follovWug^. 

fTo  this  I  ani*wer»  I  umerof  adtnt- 

iilliiig  lk*»  oath  rs  iu  tiits  uiti&t  sokn»n  and 
int  fofm  possible  ;  for  the  repeating  an 
fly  to  oli&ervt*  the  statute  in  all  tilings, 
linuifi^  a  abort  «lj»tract  of  the  suWaoce 
be  ne&r  60  exphcit  and  direc^ 
linfT  ofcr  aloud,  by  a  proper 
I' I  II  "  r'    r\ch€<^uer,  the  act  of 

nent  ri  Ilor  at  the  end  kiss* 

hiiiibk  ,  4m  vJ»ii.j»i.HM"M     •&. '1.  «»mjht  to 
d««{>«sl  iin|Mr«t^'  tite  con* 

■  a  nVliii-cuia  ma^.    ..-.^,  .^henooa- 
of  a  promistory  oath, 
^  no  oufh  of  office,  be- 
[li  to  contradict 

li  tn  take  it  uu 
Uor,  jind  i  an  of  bin 

thr  '  n y,  UjKio 


il 


the 

\  oi  tbc  QD^cTTilion 


of  i* .  '  vice  of  the  king,  tiid  the  benefit 

of  h;  ;  because  there  can  be  no  other 

tituc  morr  mcmorablf ,  or  inorr  likely  to  engage 
attention  to  it,  than  in  so  public  an  a^^nuldy  ^iro- 
ceediug  to  appoint  the  sherifTs  ol    f  tl 

coiHiticA  of  the  kingdom,  upon  wli  , 

fidelity,  and  justice  in  the  execuimn  ot  in<»ir 
ofiices,  not  only  tlie  properties,  libertiaa,  and 
lives  of  the  subjects  of  this  kingdom  so  mneb 
depend,  but  even  the  secnrity  of  his  iriajci^tv'i 
nersnn  iu  anv  rim<»  <  f  <l:inf^f*r ;  and  the  f cry 
oeii)  .s  fip<)(*  the  just 

and  /  ij       _^   t  t»  be  made  by 

shffrilif «  upon  the  clcvtioa  uf  membem  to  aerTC 
ill  j>iirli)iinont. 

Can  till*  statute  th<?n  be  treated  and  called 
obsolete,  ii'hich  is  thus  pubUcly  proclaimed 
every  year,  to  enforce  the  more  ea»ct  observa- 
tion Wtt? 

And  10  lay,  that  the  Aniclts  are  confined  t» 
fuch  nattit  of  odicr,  st  were  taken  by  faim  on 
his  iinst  :  ^  tit,!?  an  equivocal  ioterpre* 
talton  pec  -  Answer;  for  the  Article* 

refer  yenci mj^  i'*  all  such  oaths  which  have 
been  accustnmetl  to  he  titk^n  by  the  Lonl  Chun- 
cd  I  or  by  reason  of  his  othcts  An  J  this  oaik 
ought  ta  have  been  taken  by  him  upon  his  Brst 
appointnunt.  it  the  USag'e  of  administcrtiKv  it  Jit 
this  ;isou  bad  uot  been  ail  r 

his  I      ^         e   i*  '*•  ****^  tiiue;  an  I  ;  it 

usage  a  liaa  foHov^^ed^  tbotthis  oath  is  nut  takt-n 
by  any  of  the  oBiCJcrs  «l  any  other  lime ;  but 
it  wfl^  the  Earl*s  duly  to  oliFcrve  thiu  c;Oi»d  and 
i4rhole!iomc  law,  as  well  before  his  takittg  this 
oath  a!  atlerwnrd5« 

And  the  Kurt  could  not  hive  forgotten  tbia 
hif  *  '  ^  ftgcwent  without  desjgn ;  it  was 

fori  not  to  mention  it ;  tnd  he  might 

flatiei  iiiiiix  li,  that  the  Ulunageni  would  not 
bikf  e  taken  notice  of  it. 

And  as  to  the  diU'erence  in  the  form  of  ad* 
ministering  this  oauh  from  the  conitnon  me- 
thod, it  is  D9t  material ;  for  the  usual  furm  m 
not  essential  to  the  oath  it&clf,  it  beintr  suthcient 
thnt  there  ts  a  colUng  Almighty  God  to  be  a 
witness  of  the  truth  of  the  Earl's  promise,  by 
his  loud  I  tug  the  Holy  Jkripture.  [Co.  3  Inst. 
1<54,  105.] 

But  whether  the  oatli  be  constantly  or  usually 
taken  in  practice,  or  not,  it  will  not  alter  the 
law  ;  ami  ilie  crimw  of  sHling  these  offices  for 
gift         '  ^'  .  notwilhstaodrng 

the  r  obligation  to  re- 

frain iioin  tiK^  crKiiiiiissiuij  ul  it* 

The  objeciions  made  by  the  Earl  and  bii 
counsel  upon  this  head,  have  nccasionf  d  tbia 
digrfi^sion. 

The  next  part  of  the  Earl's  ilefence  is  a  di- 
rect justification  of  the  litct  of  whiob  he  it  ao* 
cused;  and,  not  cotitenteil  to  leave  it  |o  tut 
couiimI  (for  whose  excuse  it  might  ha*c  been 
«iid,  that  thry  were  wUling  to  uy  every  thinff) 
the  Earl  himiicJf  has  insisted  upon  it^  that  bin 
Uktng  there  «fnm«^  of  money  is  lu«vfiil ;  becauaVi 
as  Lord  i  r,  he  bad  o  right  of  rvcom* 

(uendalio  i  1 1  omersley ,  is  an  officar  ap- 

pointed by  patent  under  Iba  great  fcsal,  and 


I 

I 


1S4S] 


10  GEORGE  L 


also  the  right  of  nomiiiation  and  admitfioii  of 
tiio  Masters,  solely  ia  himself;  and  a  man 
oay  dispose  of  and  dispense  his  own  favour 
«pon  what  terms  be  plesses ;  and  officers  rasy 
gtve  money  for  their  places,  and  yet  be  good 
officers,  as  it  is  suggested. 

But  some  instances  of  a  very  extiaordioary 
nature  were  cited  out  of  the  History  of  the  Ex- 
chequer,* to  prove  that  chsncellorSf  jodffes, 
mod  other  officers  of  trust,  bad  purchased  their 

5 laces  of  king  Stephen  and  kinst  John ;  riz. 
'hat  Richard  Fitz-Afured  gave  kinff  Stephen 
fifteen  marks  to  bear  pleas;  and  Walter  de 
Gray  gave  king  John  5,000/.  to  have  the  king's 
Chancery  for  life;  and  other  officers  there 
named. 

Mr.  Mados,  the  collector  and  publisher  of 
this  History  of  the  Exchequer,  45,  44,  men- 
tioning these  instances,  says,  '*  That  in  the 
time  «  king  Stephen,  Geoffrey  the  Chancellor 
fined  in  3,006/.  and  a  mark  for  the  king's  seal. 
This,  I  uiMlerstand,  to  be  a  Hue  then  lately 
made  with  the  king  for  the  office  of  Chancellor, 
or  to  have  the  keeping  of  the  king's  seal.*' 
But  at  the  same  time  Mr.  Madox  the  publisher 
makes  this  honest  reflectmn  npon  his  pre- 
cedent; 

'<  Which  precedent,"  says  he,  "  may  justly 
seem  strange  to  us  at  this  tUy ;  but  it  seemeth 
that  in  those  times  things  of  the  like  kind  with 
this  were  sometimes  done.*'  Wliich  observa- 
tion the  conn^l,  or  the  Earl  himself,  were  not 
pleased  to  re|>eat. 

And  some  instances  were  cited  oat  of  the 
Roman  law,  where  part  of  the  revenue  of  the 
emperors  did  arise  out  of  perquisites  of  this 
kind;  from  whence  it  was  inferred,  that  the 
taking  these  sums  for  sale  of  offices,  was  not 
against  natural  justice. 

But  these  are  of  no  authority  in  this  king- 
49ID,  when  they  are  repugnant  to  the  law  of 
the  land,  and  have  never  been  received ;  and 
the  common  law  of  England  mnst  be  the  rule 
•f  justice  in  this  case. 

And  Mr.  Dupper,  the  Eari's  late  under 
secretary  of  the  bankrupts,  was  produced,  to 
prove  by  his  opinion  and  observation,  that  no 


Trial  of  the  Earl  oJMaedegfiM^  [IM 

limits  of  hit  own  office,  where  be  hid  no  lifhi 
of  recomflstiBdation,  to  raise  the  peer  Ww  m 
of  105/.  at  the  time  when  fae  w«a  one  eC  Ik 
regents;  and  thus  he  joined  \\m  Aare  of  At 
roval  authority  to  his  power  of  Lrfwd  Cfai* 
odlor,  in  order  to  get  and  secure  to  hk  m 
private  nse  so  considerable  a  snuaaa  105iLfm 
an  exhsusted  Master !  A  atroog  evidcscei/hii 
corrupt  intent  and  views. 

This  single  exactiou  overturns  the  wWi 
fabric  of  merit,  supposed  to  be  vaissd  bvtk 
few  scattered  instences  of  rharity,  whim  hi 
has  been  pleased  to  divulge  io  eviJoice. 

But  if  the  anthorities  cited  for  the  Esriti 
this  purpose  prove  any  thing,  they  pfovclM 
much ;    that  the  offices  of  the  judges  is  ibi 


suprenne  eonrts  of  justice  were  lawfully  (sbe 
bought  and  sokl  at  the  oomroon  law,  bcMethi 
act  5  Edw.  0,  which  is  an  opinion  that  the  Eai 
himself,  in  his  Answer,  did  not  think  convamsl 
to  disclose  or  insist  opoo ;  and  it  is  going  ahsf 
way  back  for  an'example  to  prove  the  fawfsiaM 
of  an  actios,  which  he  conid  not  find  i  " 
the  assistance  of  an  antiqmu7. 
He  might  have  broiight  i 
stances  from  coontries,  where  anlimitsd  pass 
does  prevail,  and  where  jnstiee  itself,  and  At 

e laces  in  which  it  is  to  he  dispensed,  aie  sas 
s  attained  without  a  bribe. 
bat  it  seems  as  if  the  lord  impeached  W 
an  eariy  inclination  to  took  out  for  a  pieciiisii 
to  givehim  a  countenance  in  such  like  prasoM; 
yet  he  found  none  published  to  the  worid,  «- 
oept  in  the  reigns  of  two  princes,  wbossnk- 
trary  behaviour  produced  that  sac  msiabk  ka. 
the  Great  Charter  of  nor  Liberties,  first  pawi 
in  tlie  form  of  a  charter  ann'  IT  JokaB\  lai 
confirmed  ann'  9  Hen.  S,  wherein  it  wasat  tkH 
time  found  necessary  to  dechtre  by  a  kv, 
^  Nulli  vendemus  Justitiam  aut  Reetmk" 
Magna  Charta,  cap.  99.  Coke  %  Inst.  Si. 

From  which  declaratioa  of  the  crown  it  as- 
cessarily  folbws,  that  the  adminiairatioB  lad 
execution  of  distribotive  justice  to  a  fsee  ptspk, 
are  not  to  be  esteemed  the  property  or  cstsir  if 
a  great  officer,  to  be  raised  or  inereased  ky  \m 

^ ,. ^ ,  sale  of  the^ subordinate  offices  of  justice;  ka 

office  whatsoever  passing  by  grant  under  the  '  are  the  great  prerogatives  of  an  Kngiiabpriaes 
great  seal  ought  to  be  surrendered  or  granted  \  to  be  exercised  freely  for  the  safety  and  case  if 
witliont  an  acknowledgment  (as  he  called  it)  |  the  subject,  without  istrodncing  expcoos  m^ 
to  the  Chancellor  or  Kee|)er ;  and  that  he  had  i  charge  u|>on  tlie  people,  in  their  applisstiss  kr 
formerly  communicated  these  his  thoticrhts  to  j  justice  and  right.  .^^ 

the  Earl  and  his  secretary  Mr.  Cotciugham.  I  And  when  a  doctrine  of  this  dangerons  is' 
And  your  lordships,  upon  recollection  of  the  destructive  nature  to  the  righte  and  libcrtin 
evidence,  will  find  the  use  and  improvement  t  of  the  whole  nation,  as  it  exposea  their  self 
they  were  pleased  to  make  of  this  advice,  in  i  security  to  sale  for  meoe^,  is  thus  avevfldly 
the  case  of  Mr.  Thomas  Bennet's  surrender.  \  and  openly  justified  and  insisieil  upon  at  vssr 
But  in  answer  thereto,  it  appeared  upon  jhe    lordships*  bar,  by  a  peer  of  year  House,  o^, 

hsH  home  tlie  high  office  of  Lord  Chancrii«<i' 
Great  Britain  in  the  first  raign  under  the  ad  cf 
settlement  of  the  crswn :  yonr  lonlshipe  sd 
toke  the  best  meHSures  to  render  the  suijMi 

„ ,  _-  ,  secure  in  their  expectation  of  justice,  bj  « 

of  gain  in  this  instance  carried  him  beyond  the  ,  s«Mlable  and  public  mark  of  your  detea^atisa^ 

I  so  licentioua  an  opinion ;  and  thereby  cuefii* 


evidence  in  regard  to  Mr.  Hamerslev's  office 
of  Clerk  of  the  Custodies,  that  there  being  no 
salary  annexed  to  the  place,  it  did  belong  to 
the  secretory  of  state  to  recommend  or  to  ob- 
tain the  sign  manual ;  so  that  tlie  EarPs  desire 


*  Madox*8  HMtery  of  the  Excheq. 
XLt  says  it  may  aeem  straofSi  and  cxciises  it 


43,743. 


the  nation,  that  even  the 
sash  a  oorrapt  pffindpla  is  an 


Jm^  High  CritMi  and  Mitdemeanon, 


A.  D.  172^ 


[154d 


100, 

'h  if  it  should  be  tiippoiei]  by  way  of  irgu* 
it  (wbiob  hw  1^  bcQD  proved^  tind  ibere- 
fbrecatinut  lie  admitted)  ibal  the*  lOile  of  tben* 
ilfficcs  tiawtieetj  of  Uu"^  toWjitedi  far  llteifreAler 
yMsrcAie  of  the  p  -.  of  the  fint  ofHcer  of 

Abe  cro^o   in  ^  mI  court  of  justice  ; 

et  the  Earrs  ltl•nMt^  .tuil  rtfceiuii^  ' '      -  -  ^ 
(litant  «uait,  above  doulilr  to  &i»\ 
fore  his  own  time,  uhich  he  Uns  ;.i^.,^  .^|^ 
U[»on   it  |irrtetice  tbiii  the  busuicss  of  the 
uurt  of  Cbdrii'fry  '^as  very  much  ttdvuiiced 
ring"  hii  i'»>»i*k*nc»!  there>  i%i)l  he  jis  cmiMnatr 
if  he  hud  put  the  a^ce&  to  uucliou,  nbeu  no 
BUiu  or  ie^  had  evc^r  beta  itkkvn  or  heard  of. 
And  in  hi«  inettind  oi  (ir;icuce  there  ctiti  be 
dittinctiou  beiw*^eu  «  p resent  and  aprice; 
he  ti»Mde  Uie  mo<»t  aU  ay  &  of  bis  share  or 
m   io  the  ofiice.     When   be   wiw  only   to 
imit  upt>n  a  vurrtrnder  betook  1,500  tfuioeas 
good  wfll  aod  iipprohation  im  i    '  1 

beaduuited  Uftuu  a  death,  he  i 
n9  At  the  leant,  although  the  i/mv^-  ^t.«s 
greatly  in  debt ;  as  in  Borret's  ca*je,  %v  here  the 
itori  wdl  loiie  opw?**-  i-  "•'  '  '  <XjO/«  of  their  ef* 
tt,  by  the  lowest  «  u. 

Am  for  the  dinall    ^         i     i'cs  which  have 
n  paid  10  the  great  veal  lor  time  imtnemo- 
iil.  up«in  the  sealitig  every  patent,  theso  are 
tit  of  the  pri^ent  tjue«tton ;   and  where  iifta«;e 
«youd    time    of    memory  has    allowed    tiie 
receipt  of  these  liwJe  HUmii,  it  will  l*e  presompd 
(if  t[t**re  wan  oecatitnn  for  it)  that  some  act  of 
arliaruent  had  pax^ed  to  make  it  lawful . 
And  when  it  is  snid^  that  &  ^ood  officer  may 
|:  y   lar  hiN  place,  aoo  may  le^iitt  the 

I  I'  of  exturtion  ;  it  ii  what  t}ie  bw  of 

Miui  would  not  trust  to  linroau  fniiUy ;  and 
[fall  the  actions  and  behaviour  of  the  br«t  nf 
a   Masters,  %vilh  respect  to  t^-"    '•^"^,  Iheir 
niunui'i-  of  procKK-dinif   uiwrn  ami 

llan  *li--in>^!ii«||f  Rnd  trafttcaio^  u  n'tney 

ty  .(tri,  wrre  to  be  enquired  inru  more 

L'    !  'y^  there  can  be  no  doubt,  from  whiit 

Lav  »j>|»tarcd  in  evidence  upon  thiai  Trial,  hui  that 
ilie  temptatttm  and  inclinatton  to  profit,  towanU 
*mbur»int(  themselves  (  >    a<*vanci*d 

iUe  Karl,  and  iht:  prt->  >kter,  bavr 

luetlieir  looitilcady  rc^aiauuaf  to  vutue 
denial. 

articular  Ctt'  '       In  the 

il,  or  of  II  wiih 

ive  l>eeii  dt^i    Ei::Mtri  lo  be 
irtv    I   j^pprehfMid  u  h  mit 

khc  r»''»'-"  *•'   '-' -i...T,r.,, 

purport  ol 


(lO   tllr 

pie  id  uli 

fit 

ary  ,  .  . 
Lftod  the 
uned,  dii  itillv 
pc  ^ahdity  of  [' 
Anil  Ltir  Mui 


m  that  ix-B^n*ci, 
lit  more  properly  call 
MMfl  (w  aulboritita  or 


.f  a  coriuot  nature  are  oJwuya 

r'liHt,  and  DO  wiineKars^  or  at 

^re  t4»  be  |ffodoced  betidea 

1 1  will  pfodttct  any  laatiiocc  lo 


the  iKioks,  where  audi  a  Iranaaction  has  been 
mentioned,  1  may  engage  to  shew  him  at  tb^ 
same  time,  that  it  tuts  been  hoUIcn  ille^L 

The  authority  already  cited  by  a  learned 
M  a  na^er  is  e  x  press : 

Htockwilh  coni'  North,  Moore,  781.  *'  North 
was  fined  iu  the  Htar*  chamber,  t  T  t  hit 
being  sheriff  of  the  county  of  N^-  'id 

take  money  for  the  ^aotersliip  and  :•«<-  iru....T>i'k 
for  his  year  ;  and  at  til  tit  he  guie  them  to  Jiitt 
fiervauta  who  sold  tfiem^  but  hitiijielf  receired 
the  money  ;  and  this  wa*  adjudged  to  be  Ji 
letting  lofarm  of  hiH  county,  contrary  lo  the 
statute  of  4  lieu.  4,  cap,  5^  Yet  there  note, 
says  the  re|>orler,  that  the  statute  itself  gives  a 
iieoalty  certain  and  pecuniary,  and  ir  is  *  cna* 
lam  prohibit  urn,  uou  in  se.*  lUit  the  Court 
held,  that  in  as  much  a«  ijjrcat  corruption  ensitea 
from  the  greediness  of  the  afitcer^^t  and  they  ara 
enforced  thereto  by  the  prices  which  they  jfive 
for  things  which  ought  not  to  be  eotrt,  that  tbia 
settioijf  of  office*  to  furin  antl  sale,  h  ttuUum  m 
JA  and  iinahle.''     [Noy,  102/] 

But  the  Karl  objected,  thai  i\m  opiototi  ii 
extrajudicial ;  and  the  Court  were  miitakeu  ia 
one  putt,  when  they  «ay,  **  that  the  statute  i 
Hen.  4  did  ioHict  a  [>eoalty  ;*'  w  hereaa  it  did 
not,  but  oulv  *'  prt)hibited  the  letting  to  farm 
the  bailiwicV,^'  which  was  Uvvful  before,  and 
therefoie  |iru|>erly  tinable,  an  a  brooch  of  ilia 
acl. 

In  answer  to  which,  it  is  plain  tipoti  perusal 
of  the  book,  that  that  part  rcla'i'^^  fo  the  act 
4  Hen,  4,  impostoj^  a  penalty,  laonly  the  *ioTa 
of  the  couD^el,  or  reporter,  who  took  that  par- 
ticular onfence  to  be  only  malum  prohibitum; 
and  whether  the  Court  did  impose  thai  fine  by 
force  of  the  MatutCi  or  aa  warranted  by  the 
diommon  law,  it  will  not  weaken  theauthoritv ; 
beciiutie  the  Court  expressly  declare  it  to  \>e 
their  opinion «  that  the  selling  of  the  oiBce  of 
{i^aolcr  was  malum  in  u^  and  Buable  ;  which 
8hc%ied  the  judgment  of  the  Court  on  that  pari 
of  the  question  ^  fio  that  there  is  no  mistake  to 
lie  imputed  to  the  Court. 

And  my  lord  Coke,  in  his  S  1n»t,  fol.  U6, 
cap.  08,  of  Bribery  and  Extortion,  ami  foL 
2'£l  and  'i*35,  cap.  101,  of  Judgments  and  Exe- 
cution, de^cribeji  these  crimt^  us  oHetices  at  the 
LUMumoii  Inw,  and  puts  his  examples  accord- 
ingly, whicli  may  t*e  there  couiiiltefK 

Hn  in  the  ca«c  of  Hmith  and  Mall,  2  Rolls' 
lie  p.  263,  and  Lin  ley's  Case,  Hut  ton  70,  where 
It  is  hotdcu,  **  That  if  any  jud^e  or  officer 
lakeii  more  than  the  usual  fees,  he  i^  punisb- 
,aA^  hy  indictment  at  the  common  law/* 
iic^ceHsurily  ittiphes,  that  they  are  pu* 
I  -  ;U  the  commou  lavr,  for  takmg  money 
where  no  fee  at  all  is  due. 

The  stnct  defliution  of  extortion  is,  ••  Wlies 
any  person,  colore  otficii  extorquet  feoiluui 
r»on  debit um,  plu^piam  deb'lom,  aut  antequatu 
flehitum '*  Hutton,  ^%  ^3.  Ctdte,  5  Inst.  ]49t 
150.  Benwl^^f'-'s  Case,  10  Coke^  101,  lO'-J, 
Dive  an'  fmni,   Ptowden,  GB,  a.  Cuk« 

1  tost,  Johu  Bingley'a  Case,  Fopb. 

149,  }U\  iu^  ww^cr,  t  ^id.  91. 

4K 


I 


1347] 


lOGEOROE  L 


Trial  of  the  Earl  ofMaccksfiM, 


[1318 


Ba(  largelyi  <'  Extortion  is  taken  for  any 
dppreasion  by  extort  power,  or  bycolouror  pre- 
tence of  right."  Coke  1  fnst.  368,  b. 

But  it  is  orjved  by  the  Earl  and  bis  counsel, 
that  it  appears  from  the  statute  5  and  6  Edw.  6, 
that  the  buying^  or  selling  of  these  offices  was 
lawftrl  at  the  common  law,  and  is  not  prohibited 
by  the  statute  12  Rich.  8,  and  that  the  statute 
of  Edw.  6,  neither  declares  nor  creates  any 
crime,  but  only  imuoses  •  special  and  particular 
penalty,  by  loss  or  the  office  or  disability,  and 
therefore  the  Earl  having  been  dismissed  the 
great  seal,  there  can  be  no  punishment  inflicted 
upon  him. 

It  is  agreed  by  them,  that  the  statute  5  and 
C  Edw.  6,  includes  both  the  offices  of  Clerk  of 
the  Custodies,  a3  an  office  of  clerkship  in  a 
court  of  record ;  and  of  the  Masters  in  Chan  • 
eery,  fs  officers  touching  the  administration 
and  execution  of  justice,  in  point  of  description. 

And  upon  reading  the  act  it  is  evident,  that 
this  statute  in  the  preamble,  and  throughout 
the  whole  act,  treats  this  way  of  dealing,  as  a 
corruption,  and  illegal  in  its  nature,  and  ex- 
pressly calls  it  so. 

The  preamble  says,  "  For  the  avoiding  of 
corruption,  which  may  happen  hereafter  to  be 
in  the  officers  and  ministers  in  those  courts  and 
places,  wherein  there  is  requisite  to  be  had  the 
true  administration  of  justice  or  services  of 
trust." 

And  this  statute  carries  the  punishment  far 
ther,  but  does  not  take  away  the  punishment  of 
it  as  a  misdemeanor  at  the  common  law,  by 
•  fine  or  imprisonment  upon  indictment. 

And  there  is  not  any  proviso  in  the  act  which 
mentions  or  exempts  the  Court  of  Chancery, 
or  any  of  the  officers  of  that  Court ;  but  in  con- 
sequence, when  it  mentions  other  courts  in  a 
proviso,  must  more  strongly  be  intended  to  in- 
clude them  in  the  act. 

Tiie  first  proviso  extends  to  offices  of  a  pri- 
vate nature,  and  to  offices  of  inheritance,  and 
cannot  rdate  to  any  judicial  office,  nor  to  either 
of  these  officers,  who  hold  only  for  life ;  al- 
though, where  the  nature  of  the  office  has  al- 
lowed it  to  become  inheritable,  it  makes  it 
alienable;  but  no  such  instance  is  to  be  met 
with  in  the  case  of  judicial  offices. 

The  second  proviso  is  to  prevent  any  per- 
ton^s  being  surprised  into  tho  penalty  unwit- 
tingly, benjre  notice  of  the  act,  or  by  a  retro- 
spect. And  although  the  statute  takes  notice 
that  divers  persons  did  make  such  corrupt  bar- 
gains, it  is  only  by  way  and  with  an  intent  of 
preventing,  and  not  of  legitimating  them  ;  and 
it  leaves  tliera  all  as  they  stood  at  common  law, 
until  that  day  appointed  by  the  act  was  passed. 

And  the  last  proviso  does  nothing  more,  and 
leaves  the  justices  to  act  upon  their  own  know- 
ledge and  discretion  in  the  law,  according  to  the 
nature  of  the  office,  without  casting  any  impu- 
tation ujK>n  them  unnecessarily. 

But  so  exceeding  cautious  was  the  legisla- 
ture, that  there  is  not  any  expression,  in  any 
part  of  the  act,  to  declare  or  enact  such  bar- 
gains in  the  cases  excepted,  to  be  good. 


But  the  statute  leaves  thena  entirely  totbt 
regulation  and  direction  of  the  common  law  ui 
former  acts  of  parliament. 

So  that  although  the  earl  of  Maoelcsftcm;f 
bis  l>eing  dismissed  from  the  office  ofM 
Chancellor,  is  not  liable  to  suffer  the  SddiM 
punishment,  contained  in  this  act,  ofk«eftii 
office  :  yet  he  will  still  be  liable  to  the  poub- 
ment  at  common  law,  and  upon  the  sefcnl 
other  statutes,  and  accord ini^ly  remains  opei 
and  suiiject  to  your  lordships' just  seoleooe. 

For  where  a  statute  does  give  or  impose  t 
new  penalty,  for  a  matter  which  was  an  oSaet 
at  the  common  law,  the  prosecutor  may  par* 
sue  either  of  the  remedies  ;  although  vbere  i 
statute  makes  or  creates  the  offence,  tb&t  re- 
medy must  be  taken  which  the  statute  gives. 

Regn'  cont.  Wigg'  Pas'  4.  Anne  fiaooi, 
Regin'  Salk.  460.  Com*  Iicicest.  et  Slaody  1 
Sid.  38.  Dr.  Hussey's  Case,  9  Co.  74.  Cm- 
bank's  Case,  Z  Rolls  Rep.  49.  Burgen's  Cue, 
1  Veu.  13.  1  Sid.  409. 

Thus  I  have  gone  into  this  long  deter,  to 
shew  that  the  Commons  have  founded  tlier 
Ariicles  upon  the  general  rules  of  the  coamHi 
law,  supfiorted  andl  enforced  by  diyers  acHif 
parliament 

As  to  the  proofs ; 

1  shall  now  take  notice  of  the  evidence  a^oi 
the  particular  Articles  assigned  to  me,  andskiU 
observe  not  only  upon  the  proofs  given  by  thi 
Commons  in  maintenance  of  those  Aitideii 
but  likewise  upon  the  examiDation  made  oo  k^ 
half  of  the  Earl  impeached,  and  in  his  defeoct. 

As  to  the  money  Articles,  ]  shall  make  tksi 
general  observation  upon  the  eTidence,  that  it 
has  been  agreed  by  all  the  witnesses  examiiNJ 
thereto,  as  well  by  Mr.  Cottingham,  the  Eari'i 
secretary,  and  on  these  contracts  his  loidship'i 
broker,  as  by  the  Masters  themselves,  toA 
their  agents,  that  the  whole  transaction  was 
done  and  finished,  and  the  money  actually  ftii 
and  delivered  into  the  Lord  Chancellor's  o«s 
hands  (except  Mr.  Thurston's  6,000  guinen. 
which  were  delivered  to  another  for  bis  km)- 
ship's  service)  before  the  resignation  of  tbt 
former  officer  was  accepted,  and  before  the  ad- 
mission  and  swearing  of  the  successor. 

So  that  the  principal  point  and  mun  stress  of 
the  Articles  are  thus  in  fact  agreed  upon  bf 
botli  parties. 

But  as  to  these  Articles,  and  more  particu- 
larly with  respect  to  the  105/.  received  frvoi 
Mr.  Thomas  Bennet,  and  the  1,500  guiuess 
each  received  from  Mr.  Kynaston  and  Mr. 
Bennet,  the  Earl  and  his  counsel  have  8u«?grsi* 
cd  a  deficiency  in  the  proof,  arising  from  a  con- 
trariety in  the  evidence  p.iven  by  Mr.  Coiiinj- 
ham,  the  Earl's  secretary,  to  what  has  bf^ 
sworn  by  Mr.  Bennet,  <tfr.  Rynaston,  and  Mr. 
Charles  Baily  ;  and,  uiion  the  credi^of  the  se- 
cretary's testimony,  uould  suppose  that  ewb 
of  these  sums  proceeded  first  from  the  free  aoJ 
voluntary  offer  of  the  Masters,  and  was  not  in- 
sisted upon  by  the  Earl  or  his  lecretary  be- 
fore-hand,  as  charged  in  the  Articles,  tai 
proved  by  the  Masters,  bat  oolj  aectplci  wi 


iS-tSJ  Jbr  High  Crima  and  Mixdemeanon. 

uved  by  Caltiogham  and  the  Lord  Cbftn^ 


A.  D.  1725. 


[1S50 


N 


b 


Hut  the  u^ilut-e  of  the  tr«tiB«ciio(i«  and  the 

ircuai!it»tic€«  oHlie  iier!i«mR»  do  ury  »tront;ly 

SU}>poii  the  credit  ot  the  i«ituesve«i   [>roi]iicei] 

^e  Commons,  and  t!ie  ijrobitbility   of  their 

lOoy,  who  have  proved  every  purl  oribn«»*i 

les,  iij  the  very  words  of  ifiem ;  ftod  Mr, 

'ottinf^bam  btn»M?lf  X^as  con  tested  enough  to 

laiiitAin  the  Article's  in  subjitance^  attitou^ti 
lie  ti bout d  be  credited  iu  auy  circumrtanot? 
ivbereio  he  varies  from  the  other  witnettset^. 

Xa  to  the  niitih  Article*  it  will  he  \ery  diffi- 
(jpiilt  to  beheve  that  Mr.  Betinet,  who  hud  lAtel)? 
piiid  the  Loitl  CbanncHor  so  lar^re  a  sum  for 
Iiis  admiitiStoii  to  the  oflice  of  u  M.MSter»  i%bich 
he  had  bo;i  '     t  '       '       ',.r,  aud  who  had 

paid  no  ;  i^^r  i\us  pUce  of 

Clerk  of  tlu  k.  li^ivMii^^M,  Li,,  iuitner  Cbancrllor, 
the  eari  Co\v|M*r;  and  who  had  hkcwise  l>eM> 
infonued  by  bis  bnjlher  Mr.  John  Bennett  that 
naihiuif  mu$  l»aid  by  bitn  to  earl  t-oivj>er  upon 
Ilia  beiD^  adinitted  to  ikte  ^aine  odice«  iuid  that 
lord  C owner  himselt  bitd  dt^lared  to  3Ir.  John 
Beaoet  tnat  there  was  ooUno^j  due  upon  iu»> 
admii^iOD  ;  that  Mr.  Thomas  Beuoet,  uoder 
these  cJrctiiiiMuiice*»  nliould  of  i\\%  own  accord 
first  propose  a  present  (as  \i  is  called)  w ben  be 
could  not  well  itna^uie  tliut  ihere  wajf  i&ny  pre- 
tence to  U  ;  that  U  hiirdly  rredible. 

And  Cottini^hiim  himself  has  owned,  that  he 
told  Mr.  Thooius  Beom't  that  soiiiethin^  wa« 
eJC(iected,  aud  that  he  curried  the  proposal  of 
106/.  to  the  Earlf  Mho  accepted  it,  and  there- 
upon he  received  the  money  from  Mr.  Bennc  t, 
aud  paid  it  over  to  the  Earl  ;  jitlcr  whicli  the 
Earl  then  took  the  whule  care  upon  himMeif  of 
ciCfieditin^  lite  siv;n  niunaat  aud  tin*  patent. 

Now,  Ootliiighum  being  the  factor  employc<) 
by  the  Earl  iu  all  these  bar^uius^  ulio  has 
)b*icn  avoweil  by  the  Earl  to  h«f  bis  agent,  and 
lias  been  uroihiceti  as  \m  witness,  and  sup- 
ported by  him;  every  thinfjjfthat  C'oitin^ham 
declares  and  acts  in  cotupletiuj^  these  con- 
tracts, ivill  be  considered  as  the  act  of  the  Earl 
Vimadff  and  hii*  Ofvn  bartering;  esiiecially, 
Kirbtri  '"  : _ 'i  I  '  dcponi^-d  bt^fofv  your 
loni  de  the  bugain,  until 

he  hmi  i^tn'  11  un:  Lunei  approbation tbcrcof; 
and  when  tlie  Earl»  at  tlie  eml,  confirms  the 
whole  by  bin  receipt  of  the  money. 

And  a  L<ord  Chancellor's  exjH'cting^  some* 
thing,  or  a  sum  of  money,  be  it  more  or  Ics*, 
and  this  his  ejipcctatton  dt^ctared  and  notified 
by  bia  ii»cnftary  to  the  person  applying  to  be 
admitted  into  tli«  olhce,  is  a  iieremptory  de- 
■mnd,  and  an  insisting,  when  tlte  Lord  Chan- 
cellor alon43,  and  no  otlicr,  has  the  power  of 
taking  the  resignation,  or  making*  it  elf'ccttial 
by  paiatng  the  new  ptlcni,  and  of  admitting 
Ibe  new  officer » 

Eut  tliia  matter  has  been  explained  and  coi}. 
firmed  by  the  rvidence  of  Uuppcr  th**  under 
icwuaryt  the  Earl^  -  r  r       .  whotie 

mttbority  tlie  Earl  r  l  your 

]onl«Ht|»,  that  upou  V  VMM. ^M»iil «.  ^^iiiug  him 
«f  tbc  iiit«ndad  lumudcr    af  fir.  Thotuaa 


Bennet,  Diipper  said,  there  ought  to  be  an  ac 

knowledgiiient  to  the    :■  ^ !,  and  he  had 

iiewrd  ibut  mon^-y  Iwd  !  ,  which  Cot* 

Iin4{hflin  huiisiff  at  ti.  ,  .  uhI  of  5  but 
Dupptr  ioon  satisficil  both  the  Earl  and  bti 
secret  a  ry  that  money  mrtrht  l»e  asked. 

Thit^  confirm!!*  the  evulence  of  ?^Ir.  Thomas 
Bennett  that  nothititr  wa^  rx\A  about  money  \n 
be  given,  or  an  exfiectaMou  of  s<»rnething,  at  hia 
first  meeting  with  Coftingliam,  but  it  was  in- 
troduced by  Cottingham  at  their  second  meet- 
ing; which  must  be  after  this  advice  and  in- 
formation of  Dupper^  and  that  then  the  rea^H 
lotion  wa»  taken  of  cxjieciing  a  sum  of 
money, 

Thts  argues  the  dilfidenee  of  the  Earl  im- 
|)eacheil  in  setting  up  this  pretence,  and  his 
suspicion  of  the  dlej^ahty  of  it;  yet  thr  opi- 
nion of  the  person  advising,  and  thft^Earra 
own  incltnation  to  ^n,  were  too  powerlul  to 
be  resisted  ♦ 

Bui  to  retDOTe  the  fouudatiott  of  this  oh- 
jection  : 

The  jioint  or  charge  of  thc?5e  Articles  lies  ip 
tlje  taking  these  sums  by  the  Earl,  coioreiffficii 
5ui,  us  I^rd  CbaiiceUoV,  and  without  right, 
whicli  is  extortion  aud  corruption^ 

And  if  he  did  receive  these  pa>Tuenl8  by 
cobiur  of  his  authority,  and  without  right, 
(and  he  has  made  out  no  pretence  of  right)  be 
will  be  guilty  of  the  crimes  charged  upon  him, 
ill  liow  artificial  a  maimer  soever  he  transacted 
ibesc  matters. 

U  will  amount  to  the  wme,  whether  they 
proponed  the  sum  to  him,  or  he  made  the  de- 
mnnd  npi>n  them  ;  yet  if  something  was  ex- 
pected by  him,  and  he  fkchned  doini;  the  duty 
oihisotlicc,  unlil  that  something  was  offered 
and  paid  to  him,  it  is  an  exaction  and  an  im* 
po<iitioii,  which  is  criminal,  and  maintains  tba 
Articles.  [Co.  3  Inst.  148,  140.  £.  I^liddx**^! 
Case.] 

And  it  is  remarkable,  that  the  Earl  wookl 
never  give  credit  for  his  present,  but  atwaya 
had  it  sate  in  his  own  hand,  before  he  admtttied 
the  officer. 

It  has  been  attempted}  on  behalf  of  the  earl 
of  MacclcslieUl,  to  prove  that  former  chan- 
cellors have  used  10  claim  atid  receive  money 
upon  the  taking  surrenders,  and  making  new 
grants  of  this  office ;  but  lieretu  the  Earl  has 
tailed,  and  has  not  been  able  to  give  legal  proof 
of  any  one  ioManct*  of  that  kind,  ujion  the 
change  of  this  office  of  Clerk  of  the  Cuatodiea. 

For  Dupper  did  not  see  any  money  paid  on 
that  occasion,  nor  knows  any  thing  of  it,  of 
his  own  knowledge,  but  only  copioilaD  account 
which  he  came  by  very  oddly,  wherein  (as  he 
says)  there  w  as  sn  item  to  that  eflect  j  and  hii 
evidence  depended  merely  u(k>0  liear-aay,  atui 
ouglit  to  have  mi  re;^ard. 

The  evidence  tit  Mr.  Oker  turns  against  tlie 
Earl ;  for  altliough  there  were  surrendert  in 
both  the  times,  when  carl  Cowper  held  the 
threat  seal,  yet  nothifig  wax  paid  or  taken  by 
him ;  and  upon  the  surrender  of  Thompson  to 
Edwardi  ia  thit  laC«  qQ««o^f  tinier  it  was  said 


1551] 


10  GEORGE  L 


Trial  of  the  Earl  of  MaedesfiM, 


Ihtt  nothinpf  was  gi?eo ;  mod  apnn  the  sar- 
render  of  Mr.  John  Benoet  to  Mr.  Thomas 
Bennet,  whilst  earl  Ooivper  enjoyed  the  teal 
under  his  majesty,  nothings  was  |iaid  or  claimed. 

And  ttie  supposed  intimation  or  opinion  of 
lord  Cowper,  which  Oker  mentions,  was  be- 
tween these  two  surrenders,  which  makes  it 
▼ery  unlikely  that  earl  Cowper  should  make 
tucn  a  declaration ;  yet  if  such  discourse  there 
Was,  it  is  plain,  that,  op<lb  better  consideration, 
the  lord  Cowper  dejnrted  from  such  preten- 
■ion,  and  discorered  no  ex|iectation  of  any 
things,  upon  the  last  surrender  and  grant  of 
this  office. 

And  as  nothing  was  taken  by  lord  Cowper, 
upon  the  surrender  of  Mr.  John  Bennet  to  Mr. 
Thotnas  Bennet,  it  will  be  proved,  that,  on  the 
surrender  of  Mr.  Edwards  to  Mr.  John  Bennet, 
lord  Cowper  refused  to  hear  of  a  present,  when 
U  was  hinted  at,  and  declared  that  nothing  was 
due  to  the  great  seal. 

But  this  defence,  which  is  founded  upon  a 
supposed  usage  to  receive  a  fee  for  permitting 
such  surrenders,  and  from  thence  would  inter  a 
ri^ht,  or  an  excuse  to  the  Earl  impeached,  in 
doing  the  like,  is  a  proof  and  confirmation  of 
the  Article,  as  charged  by  the  Commons ;  that 
the  Earl'^id  insist  upon  the  money,  as  his 
right  and  due. 

Art.  V.  As  to  the  bargain  with  Mr.  Kynas- 
ton,  it  appears  fhrni  his  testimony,  an'd  the 
evidence  of  Mr.  Charles  Baily,  who  paid  the 
money,  that  Mr.  Kynaston  endeavoured  to 
obtain  the  admission  at  a  lower  rate.  At  first 
he  ofl*ered  but  1,000  guineas ;  and  at  the  end 
Mr.  Baily  understood  it  to  have  been  agreed 
for  at  1,500/. ;  and  when  Mr.  Cottingham 
said  1,500  guineas  were  expected,  Baily  did 
not  proceed  till  he  hati  informed  Mr.  Kynaston 
therewith,  who  answered,  that  since  Mr.  Cot- 
tingham had  mentioned  that  sum,  he  must 
submit,  and  do  accordingly. 

And  this  dispute,  upon  the  difference  be- 
tween pounds  and  guineas  only,  explains  the 
manner  of  these  dealings ;  that  they  were 
formal  contracts  and  bargains  between  the  Se- 
cretary and  the  Masters,  at  the  best  price  that 
.could  be  got ;  and  though  there  was  no  hag- 
gling with  the  Earl  himself,  (as  Cottingfiara 
expressed  it  at  one  of  these  dealings)  yet  he 
had  a  faithful  stewanl,  who  could  and  did 
haggle  very  well  for  him ;  and  when  the  Se- 
cretary had  done  hit  utmost,  the  Earl  accepted 
the  price  which  had  been  agreed  upon. 

Art.^  VI.  As  to  the  1,500  guineas  paid  bv 
Mr.  Thomas  Bennet  for  his  admission,  and 
the  manner  of  making  that  bargain,  Mr. 
Bennetts  evidence  of  his  first  oflenng  1,000 
cruineas,  and  Cottiogharo's  refusal  of  it,  sav- 
ing. He  hoped  Mr.  Beimet  wonid  not  Iowct 
tliepricp»  and^he  hazard  of  his  being  refused, 
end  that  there  was  no  haggling  with  my  lord, 
and  at  last  agreeing  for  1,500  guineas,  is  sup- 
Dorted  from  the  usual  behaviour  of  Cotting- 
ham, as  well  as  from  the  probability  of  the 


thing  itself;  that  a  men  may  icasoedUjIi 
presumed  to  endeavour  to  save  whst  be  oi^ 
and  when  he  is  purchasiogr*  to  get  k  sie 
cheapest ;  althouffb  (as  it  has  eppearei  ei 
the  examinatHMi)  Mr.  Beonet  bed  little  net 
to  expect  that  a  succeed iugf  cheocellor  eiSl 
be  satistied  with  his  circumstaiiGes  and  ske 
him. 

Upon  the  Esrl*s  defence  egaioct  the  cbsfi 
contained  in  these  two  Article,  it  wss  fomi 
by  Mr.  Ooldesbrough  the  Register,  thai  ih 
Earl,  about  the  9Srd  of  February  last,  MfM 
those  two  sums  into  the  Court  of  Ckaswiy, 
to  be  applied  for  tlie  benefit  of  the  ssim; 
and  this  is  offered  either  in  his  discbsfge,  sru 
a  merit.  But  this  was  done  sererel  dsysdki 
the  Impeachment,  and  aiVer  public  coM|ihht 
had  been  made  a^ost  the  £erl  upse  tiMf 
two  instances,  and  is  a  very  proper  exaniphtf 
the  Earl's  own  construction  of  a  vsIsbIb; 
present ;  for  after  the  House  of  CoroiuoBiW 
taken  this  affair  into  their  consideratisB,  wd 
had  demanded  justice  and  satisfaction  ffOM  Ai 
Earl  by  a  narliamentafy  prosecution,  tbe  M 
then  did  freely  and  voluntarily,  end  of  bistsi  J 
accord,  make  a  present  to  the  suitors.ffip  •" 
Court  of  these  two  sums,  which  he  had,  is  At 
like  free  and  voluntary  manner,  received  ui 
present  from  Mr.  Kynaston  and  Mr.  Beasct 

But  this  action  contradicts  his  whole  Dh 
fence ;  and  shews  that  be  was  oonvioced  tkd 
he  had  no  right  to  receive  or  detais  da 
money,  and  was  afraid  to  keep  it  any  hngfr. 

Art.  VII.  and  VIII.   As  to  the  two  ^fl» 

guineas  received  by  the  Earl  of  Mr.  Elde  mk 
Mr.  Thurston,  it  is  proved  that  tbe  price  mi 
settled  between  them  and  Mr.  Cottinghan; 
and  when  Mr.  Elde  (of  whom  tbe  Earl  ei- 
pressed  so  good  ^n  opinion)  offered  6,000<. 
Cottingham  said  guineas  were  baodsoHMr; 
and  the  particular  method  of  payment  sheet 
the  inward  rebukes  of  his  conscience,  and  bii 
fear  of  a  discovery. 

And  these  two  facts  shew  tbe  prevalencj  «f 
his  avarice,  above  any  other  passion.  For  it 
Mr.  Elde*s  case,  he  bn>ke  through  tbe  oUifi- 
tion  of  gratitude  and  friendship  to  him,  ts 
receive  bis  money  in  a  covered  maAier,  ia  s 
basket.  And  in  Mr.  Thurston's,  be  tried  n 
beguile  his  fear  of  a  discovery,  by  soffensf 
the  money  to  come  to  him  through  a  priviK 
and  unsuspected  hand. 

And  these  two  instances  were  of  so  nice  a 
nature,  that  his  faithful  secretary  owned,  tbil 
he  was  not  admitted  into  the  secret.  Far  it 
appears  that  the  Earl  either  knew  or  ssi- 

t)ectcd  there  would  be  a  kiss  in  Borret*s  sfioe 
>y  his  insolvency,  though  it  was  not  redeecd 
to  any  certainty ;  and  it  now  appears,  at  ikt 
least,  to  amount  unto  18,000/. 

But  the  Earl  le<\  the  suitors  of  the  Ceoit  ts 
bear  that  loss,  and  never  took  care  to  proeeies 
just  satisfaction  to  them.  Which  the  Oo» 
mens  mve  both  as  an  evidence  and  an  i 
vation  of  his  guilt ;  since  I 
bis  own  private  gain  to  that  i 


ZSHi 

prHsn^ 
ft  •■• 


ISS3] 


f^t  High  Crimes  and  Misdemianort* 


Ml  Ui^U  tnift  rvqutrcil  him  to  litre  proriiled 
V  the  creditors  or  the  Court. 

And  the  rHurnmic  f^rcAt  pnrt  <if  these  two 
KimiKt,  hfter  the  conrusiun  and  diaorrlers  of  the 
Court  hecAtne  putihc  ;  aud  part  of  Mr.  Kide^s 
money,  «rter  llitj  !V|asl4>r8  litd  Urrti  mlk-d  u[*tm 
i  hriiig^  in  their  cunh,  and  which  ujMTn  Mr. 
Side*'*  evidence  may  be  reaionahly  presumed 
»  hftve  been  made  use  of  hy  htm  to  make  a 
hJae  shew  befori^  the  conmiMfiuners  ;  are  rathiT 
ecrees  against  htimelf,  tliau  any  extenuftiiun 
t'hisifuilL 
Add  as  to  the  Earrs  ^at  merits  which  he 
ffolarfpety  dwelt  upon,  and  so  often  repeated^ 
bat  he  might  huve  had  (ifOOOL  from  Mr. 
Uucaa,  which  he  rdinijuishedf  to  accept  of 
^guineas  from  Mr,  £tde;  tbe  Managera 
uM  Mr.  Lucati,  who  (m  answer  to  Mr. 
. J*!  tealimonv)  will  prove,  that  when  he  of- 
fered the  6,0001,  It  was  upon  this  express  con* 
ililton,  that  if  the  inoiu;v  of  tbe  suitors,  or  tiie 
cash,  waa  taken  out  of  the  Masters^  hands  on  a 
parliAmentary  eiKiniry*  healiould  liave  a  return 
of  some  part ;  and  that  the  Earl  should  in* 
df'iniiity  him  against  alt  deficiencies. 

So  thai  itte  Earl  did  not  refuse  Mr.  Lucases 
I  ^000/.  from  a  distncliuaTion  to  tbe  sum  if  he 
^Kpould  have  kept  tbe  whole  securely  ;  but  be* 
^Heause  61OOO  guuieas  paid  ab«olutely,  wait  better 
^■tbsn  6,(Xia^*  subject  to  a  condition  ot  refuiHling. 
^■and  incumbered  with  an  engagement  oiindem- 
^^  niAcAtion. 

But  the  Earra  chief  defence  it  raif€d  from 
tbe  practice  of  his  predeccssora,  (who  a«  he 
pretends)  fed  him  into  these  mistakes  ;  and  he 
{ia«  oruted  700/.  to  have  been  paid  by  Mr.  LiOvi> 
btind,  about  tivelte  yeans  ♦ince,  and  800/.  by 
J^Jr.  Ilolford,  and  ftOOl,  by  Mr.  John  Bennet^m 
the  year  17 16,  upon  their  respective  admissions 
inii»  the  offices  of  Masters ;  and  IVotu  thence 
DsistSf  that  althoiii^h  hecatinot  chiim  llie  exact 
uto  ol'  1,MX>/,  received  by  himself  upon  ad* 
aa  a  cartain  and  cttablished  lee  or 
^uifite,  because  h«  baa  lakan  twice  as  much 
k  his  pred«cf!S«ar  did  ;  yel  this  practice  gives 
bim  1  rijj^ht  to  a  nreaent,  and  it  was  in  his  own 
ibacrelion  to  declare  the  Mum»  as  he  should 
think  rea»oiiable>  uccording  to  the  late  increase 
of  the  bufineMi  of  thij  I  'ourt. 

But,  a  present  altogether  uncertain  in  the 
^tiao(um»  and  de|»endirig  in  this  manner  U|»ou 
the  pleajiure  of  the  person  who  tn  u>  receive  it, 
aeemi  to  differ  f^^ry  little,  if  at  all,  from  a  price. 
Tim  Earl  insists  likewise,  that  the  denial  or 
fcfuaal  ol  sotne  other  of  the  witocssea  to  answer 
bti  ^uesiionti  is  a  larthvr  proof  that  tbey  paid 
money. 

This  shews  that  the  Earl  thinks  be  wants  the 
pro<if  very  much,  ^ben  he  makes  use  of  &ncb 
an  arquiiientto  raise  • 

Tbe  wiuteas  refute  ^  «ucb  qnfiattoaa, 

which  be  is  not  obltKecj  uv  tuc  rul#a  uf  law  to 
naoivai  ooncermng  the  manner ul'hi«i  adniiiHion ; 
and  the  Uommona  eanootcall  witiiesnet  to  con- 
tradict or  explsiti  ttiatwbich  ba«i  t^ever  been  de* 
rvidooce. 
i  £aH  4mtw9  jour  lordships  ta  b«« 


Itere  this  ai  etide,nce,  though  yoQ  never  diil 
hear  it,  and  to  net  auit  vole,  upon  your  honour, 
as  if  you  had  lieurd  anil  udmitfed  it. 

But  ho\v^oe«er  the  Earl  may  have  dircctad 
htin*ieU,  he  ciiu  never  think  thutsuch  an  unjust 
iusiouHiiun  will  prevail  upon  your  jnd;i;^tnent ; 
or  tl>nt  lie  can  thereby  move  your  lordshi|>s  |i# 
give  up  your  honour  in  the  htgbetit  exercise  of 
your  Judicial  power,  * 

And  these  two  or  three  late  instances,  whteli 
lie  Has  pro<luced,  cannot  change  the  common 
law,  or  repeal  the  several  acta  of  parhamenl, 
whereby  they  are  declared  illegal ;  and  if  he 
makes  use  of  them  as  precedents,  he  oui^ht  to 
take  them  with  all  their  circumstances,  which 
upon  the  whole  mailer  rather  turn  against 
him.  for  Mr.  HoltonI  and  !^lr.  Lovibond 
were  at  that  lime,  nnil  atdl  continue  men  of 
substance  ;  and  Mr.  John  BeAnet  waa  «f  ability 
at  the  time  of  his  atlniissioo,  although  in  tlie 
vear  17'iO,  he  sustumed  several  losses,  which 
impaire<l  his  estate.  And  they  all  paid  lli^ 
sums  of  money  mentioned  out  of  their  owti 
estates,  and  no  part  of  it  out  ot  the  suitors'  cash 
or  ejects:  And  the  whole  of  itre  suitors  'elfecta 
was  detivereil  over  to  them  by  an  accouot  with 
which  they  stood  charged. 

So  that  although  tbese  few  instanoefl  wer» 
not  animadverted  ii|>on,  either  beciiiiae  UiCT 
were  not  publicly  known,  or  that  00  rncouveni* 
ence  did  ensue  theretrom ;  yet  they  will  afford 
no  excuse  to  the  Earl  impeached,  for  taking 
double  «r  treble  the  value  ot  those  sums  upon 
his  admission  of  Masters,  who  were  persons  af 
small  or  encumbered  estates^  and  wbo  were  ne* 
eeasiitatetj  to  etiiploy  the  cash  and  trffeclsoribe 
auiiors  in  the  payment  for  their  olHces,  and  for 
tbeir  admissions ;  and  through  whose  insolveticj 
so  great  a  loss  and  damage  has  come  upon  the 
suitors. 

But  an  officer  of  public  trnst  and  service 
ought  to  look  well  to  his  prece«lents  before  be 
folbws  them  ;  and  if  he  will  pursue  an  illegal 
or  ur^ustitiable  preceilent,  be  does  it  at  bia 
peril,  and  must  answer  for  the  consef|(iences  ; 
especially  in  tbe  situatioii  of  the  highest  otEcer 
in  the  kingdom,  who  was  entrusted  with  Uia 
admtoLslriilion  of  public  justice,  in  IheHupreme 
court  of  law  and  ei^oiiy  ;  and  u  ho^e  ihUy  it  waa, 
as  t^ell  todeolare  and  expourid  tbe  law  to  others, 
and  to  regulate  and  reform  the  exactions  and 
abuses,  which  at  any  time  may  have  crept  into 
the  inferior  courts  of  justice  to  the  injury  and 
O[)pressioo  of  tbe  suitors  of  other  courU,  as  to 
prevent  or  t^uppress  corruption  and  extortion  in 
tbe  Court  where  be  mortfiuiiiusdialely  presided. 

Art,  XI.  As  to  this  Article,  the  particular 
qircumktaiM!r«  of  Mr.  Kynaston  and  Sir. 
Th  "  I         l»^^i  proved,  ami  the  de- 

fu  1  ^,  and  how  uneijual  they 

wt'jr  to  uiv  iiiivt  in  Lite  great  sums  and  effecta 
tlepf»sitcd  in  tiieir  hand». 

By  the  ordeii»  ol  the  Court,  which  have  bee« 
read,  it  appearHlhat  Mr.  K y nation *s  deficiency 
amounts  to  2<),yot$i.  lU  3{d.  and  Mr  B^noetSi 
tu  16|07y/.  Mr.  Kynoslon  bad  about  ^0,OO0/.  in 


1S55] 


10  GEORGE  I. 


Trial  of  the  Earl  ofMaedetfidd, 


[m 


money  and  effects  of  the  suitors  in  his  custody, 
and  Mr.  Thomas  Bennet  near  100,000/. 

This  is  likewise  a  high  breach  of  trust  ih  the 
£arl,  and  is  an  offence  ^^iost  the  statute  of 
12  Rich.  2,  cap.  2.  ''  But  that  they  make  all 
inch  officers  and  ministers  of  the  best  and  most 
lawful  men." 

Which  words  in  the  law  import  sufHcieDcy 
of  substance,  as  well  as  capacity. 

And  the  statute  2  Hen.  6,  cap.  10,  takes  it 
for  grauM»  that  the  superior  officers  were  be- 
fore that  time  under  the  obligation  of  the  com- 
mon law,  or  some  former  statute  to  thai  effect ; 
when  by  the  said  act,  2  Hen.  6,  cap.  10,  Co. 
4  Inst.  114,  intituled,  *<  What  manner  of  in- 
ferior officers  shall  be  appointed  iu  the  king*s 
courts,*'  it  is  enacted,  *'  to  the  intent  that  better 
and  more  sure  gpvernment  be  had  in  the  courts 
of  our  lord  the  king,  for  his  profit,  and  ease  of 
his  people,  which  ha?e  to  pursue  and  to  do  in 
the  same;"  it  is  ordained  and  established, 
^*  That  all  the  officers  made  by  the  king's  letters 
patents  royal  H^ithin  the  said  courts,  which  have 
power  and  authority  by  yirtue  of  their  offices 
of  old  times  accustomed,  to  appoint  clerks  and 
ministers  within  the  same  courts,  shall  be 
charged  and  sworn  to  appoint  such  clerks  and 
ministers  for  whom  they  will  answer  at  their 
peril,  which  be  sufficient,  faithful,  and  attend 
ing  to  that  which  pertaineth  to  them  in  per 
formance  of  the  business,  as  well  of  the  king 
as  of  his  people." 

This  act  woultl  have  been  extended  farther, 
if  it  had  been  esteemed  necessary. 

The  frame  of  both  these  statutes  does  shew 
the  bent  of  the  English  constitution,  to  provide 
lor  the  ease  and  benefit  of  the  subject. 

But  the  old  rule  <  respondeat  superior,'  will 
bold  against  the  Karl  in  this  case,  especially 
when  it  appears  by  the  evidence  of  Mr.  Goldes- 
brough  the  Register,  a  witness  produced  by  the 
Earl,  that  this  practice  of  paying  money  gene- 
rally into  the  hands  of  the  Masters,  was  not  in 
use  at  his  first  coming  into  the  Register's  office, 
about  the  time  of  the  Revolution.  So  that  the 
Earl  impeached  took  upon  himself  the  disposi- 
tion of  the  suitors'  money,  without  a  proper 
ground  and  justifiication. 

And  the  offence  contained  in  this  Article  does 
not  depend  upon  his  knowledge,  that  the  per- 
sons admittea  were  insufficient  and  unable ;  but 
that  the  Earl  did  not  require  and  take  full  sa- 
tisfaction and  evidence  in  a  proper  manner,  to 
make  it  manifest  that  they  were  able  and  suf- 
ficient, as  had  been  done  oy  his  predecessors ; 
Sarticularly  when  Mr.  Holford  was  admitted 
faster,  his  father  was  obli6;ed  to  settle  a  real 
estate  upon  him  of  good  value. 

The  Earl  ought  either  to  hare  advanced  per- 
sons equal  to  the  great  trust  and  charge,  or  to 
have  reduced  the  trust  and  deposit  to  the  con- 
dition and  circumstances  of -the  person,  as  his 
predecessors  had  done. 

So  that  it  is  evident,  the  Earl  had  only  in 
view  the  price  and  profit  of  the  sale  of  the  of- 
fice, which  would  rise  highest  upoo  the  inabi- 
lity and  unfitnesi  of  the  officer. 


And  it  was  therefore  ▼ery  properly  nil  If 
one  of  the  Earl's  counsel,  that  he  w&^hiike 
Masters  before  he  admitted  them. 

But  he  weighed  them  only  for  the  aha 
the  price  they  were  to   pay  to  iiiroaeif ;  wk 
when  he  had  done  with  Uietn,  be  left  thai  t 
Tery  little  weight  fur  the  security  of  tbeaotMi 
His  false,  though    niemorable  dedantioob 
open  Court,  upon  the  21st  of  Jan.  17S3,  a 
plains  his  whole  scheme,   when  be  yuSALd 
from  the  bench,  '*  That  tlie  present  Makn 
were  men  of  as  great  fortunes  as  aoj  tA  d 
Masters  had  erer  been." 

The  words  were  proved  by  Mr.  Waller,  ai^ 
have  not  been  contradicted  by  any  witoes^ 

At  that  time  Mr.  Dormer's  defkaeoeyhd 
taken  air ;  and  Mr.  Waller  upon  bis  txumk- 
tion  said.  The  suspicion  of  several  of  tbe  Ma- 
ters was  then  so  strong,  that  this  poblicitaM 
raised  astonishment  in  the  bearers,  fiultki 
was  then  a  vacancy,  and  an  ofBoe  to  be  loU. 
Mr.  Fellowes  died  Jan.  19,  1793,  and  it  b- 
came  necessaVy  to  give  the  ofBce  a  re|iBtatioi. 

And  although  the  insufficieocy  of  sosmoT 
the  Masters  had  been  decently  intimated  lolhe 
Earl  by  Mr.  Lightbouu,  upon  bis  several  p*- 
posals,  and  the  £arl  may  be  presumed  to  biv 
the  general  apprehensions  of  tbe  world ;  }#'a 
this  solemn  manner  tbe  Earl  became  an  cIBcr 
to  himself,  to  proclaim  bis  own  market 

Art.  Xn.  The  practice  and  injury  to  the 
suitors  can  hardly  be  more  affgramted  Ihso  % 
expressed  in  the  Article  itselfT 

And  it  has  been  proved  in  erery  pailicslir 
necessary  to  support  the  Article ;  sod  no  pnsf 
has  been  offered  on  the  part  of  tbe  Earl  tocoh 
tradict  or  extenuate  the  Charge,  by  mskii^ 
appear  his  vigilance,  or  auy  care  or  legard  to 
prevent  the  fatal  consequences  of  tbe  prutioe. 

The  particular  methods  of  prereotinsf  tbis 
fraud  specified  ih  the  Article,  are  only  to  skw 
the  practicalulity  of  some  sort  of  measuit^t  fH*- 
per  to  have  been  put  in  execution,  in  otder  at 
least  to  render  the  corrupt  practice  and  ibaK 
difficult,  although  they  had  not  proved  coo- 
plete  in  all  respects  to  redress  and  preresi 
them. 

And  by  the  witnesses  called  on  tlie  piit  tf 
the  Earl  himself,  it  was  expresaly  proved,  tiat 
some  of  these  methods  had  been  practised  iriA 
eflTect  in  the  time  of  his  predcsceasors,  and  tbit 
no  loss  had  happened  to  the  suitors  during  thtf 
regulation. 

An  account  of  the  suitors'  ctah  and  eStdi 
was  brought  to  the  then  lord  clianceUor  Etf; 
court  by  Mr.  Holford,  as  the  account  sf  ki* 
predecessor,  before  he  was  ailmitted  ;  aid  bt 
was  thereupon  asked  if  be  would  be  booadbr 
that  account,  and  stand  charged  accordiBgly  f 
To  which  he  agreed,  and  bis  suhatanee  wisssA 
ficient  to  answer  it. 

The  cash  money  was  for  some  yean  MaJ 
up  in  the  hands  of  the  two  junior  MfMam  ia  M 
chancellor  Gowper's  time. 

And  it  bas  been  proved,  tiMf  the  Mil  ^ 


1357 J  Jut  High  Crimes  and  Miidemeanars. 

veveml  ilnies  within  a  tew  yesni ;  tbat  i«,  twice 

lord  Cowp^r^aoil  oticc  hy  lord  Harcourt- 

'  And  ]iUlirKt(vh  the  Bart^seems  either  to  doubt 

his  nutbority,  or  of  the  possibility  of  doin^ 

bis  in  \m  own  tiin*? ;  it  can  he  proved,  that  be 

c^iit^tetl  to  «:ee  t\w  account^t  ^nd  to  be  io- 


A*D.  1725, 


[1358 


l^rmetl  ot'ii 
gbtoftlri 


A,  and  accordingly  bad  a 
111  made  an  appeai^aoce  of 


H 

erri' 
liftfp 
Ot    !l  . 
If»rdhlii 


counts  delivered  in  by  the 
.i^ut  the  corami«*ioners  named 
,  shew,  tbot  suclt  an  atlcmpt 
„.^t  and  might  have  beeo  coui- 
{iletcd  in  a  t^ssonable  time. 

IJut  ilie  pari  of  Macclesfield^  by  his  nwn 
eonfes.M*in,  ts  ffitilly  <jf  a  total  neglect  of  all 
niea^urev ;  and  never  prt>sectitcd  on«^  honest 
ftnd  real  step  towards  the  siippreaoiti)^  this 
Ebiise, 

He  migrht  have  given  directions  and  made 
Of d^rft  for  ibt*  vecurin^  the  suitors'  eHects,  in 
tlitf  M:iri)t!  manner  before  the  late  enquiry » as  be 
ha?^  done  fstiire, 

'   'it  have  sii- 

perri'  "lei a;  and 

liaff  'I  uie  omjj»iete  transfer 

as  Hell  a4  m  rceeive  his 

And  if  aOer  the  Karl  had  taken  these,  or  any 
other  pfithrJ,^*-  ru*  ,  ,ir. .  ii.o  '^Tisters  had 
broken  th-  iiave  biin 

irtMni  thf-  -.^  mir)  no  I 

I  nee  of  the  Lord 

t  ,,.,. 

Lut  u|iuu  tlii^  Answer  of  the  Earl 

impeached  is  d I r.  Tied.    For  he  declares 

ajMHi  his  honour,  upon  that  honour  which  is 
I'ouinuinicuted  to  him  fmtii  the  privile^  of  the 
whole  order  of  Peers  (but  of  which  he  himself 
bus  only  made  a  shew  or  appearance)  that  he 
was  totally  ignorant  of  this  practice ;  nltboii^b 
it  appears  in  proof  to  huve  been  a  matter  pub* 

*  '-  '  "  -vti  during  his  admiutstration.     It  was 

orient  to  Mr.  Kynatfton^  and  the  singte 
»  ^Ir.  Thomas  Ben  net, 

ly  is  a  Ttrasonahle  evidence  to 
I  with  the  knowledg^e  of  a  frau- 
*'  '►«  propagated  Hnder  himself; 

•  .  »  the  prelcnre  of  his  ignorance 
inustantic  from  the  wilful  ne(»^lect  of  bis  duly* 

Hril  rx|irf  ^s  TTOttce  i^  pmrcd  out  of  bis  own 
'  M  I  .    ,^(j J  farther, 

'  pmstitvite  hi« 
rbc  of  denial  of  tbiH  foct  upon 


r      -rh  he 

I  this 

>i,  in  the 

It  included 

^i,.   1..VV1    .^^,  and  the 

icvtior  for  hi^  ad  million. 

1    III    iij..    ;>rrj»iitif   Urirl    mi. 


>r,  who  entrrcd  into  diicour%i; 
.upon,  and  saidr    **  t  am  sorry 
^oti  bate  givrn  in  your  acoonul  in  this  manner  ^ 
2 


*h;ir 


it  was  the  worst  way  in  the  world ;  fi»r  all  the 
world  will  now  ju^jfe,  that  you  paid  for  your 
olltice  out  of  the  suitors^  money  ;  and  what 
hath  been  so  much  suspected  will  now  be  dia* 
covered,  %¥bich  I  have  always  taken  so  mucb 
pains  to  deny,  whenever  I  was  asked  tlie  ques- 
tion :^*  and  wished  he  had  been  iu'<|Uainted 
with  Mr.  Bennet's  necessities  btlure  Mr.  Ben*, 
net  had  given  in  that  item  ;  or  to  this  very  ef* 
feet. 

The  probability  of  the  truth  of  this  evidcnoe 
stands  con Brmed  from  the  nature  of  the  (lung, 
and  the  state  of  the  account  itsidf,  »liich  has 
not  been  contradicted  by  the  Earl  ;  and  aeenia 
farther  strengthened  by  an  opinion  which  th^i 
Earl  bad  entertained,  and  which  be  dropped  in 
his  defence  on  Wednesday,  viz.  *'  That  tlMi 
fitittor  was  not  the  worse  by  this  method  ;  for 
by  this  detention  the  former  Master  remained 
still  responsible/'  and  as  he  observed  by  [\lr» 
MeUer's  retaining  some  part  of  the  suitors*  ef- 
fects, the  defieiency  tn  Mr.  Borret's  oftice  waa 
not  90  large. 

This  seems  a  strong  symptom  of  the  Earl'a 
Icnow  ledge  of  the  practice  when  it  had  obtained 
his  approbation. 

But  tlie  money  retained  by  iVIr.  Metier  w«i 
no  part  of  the  price  of  the  ofnce,  but  were  other 
sura  J*  and  eftects  which  he  retained  in  hia 
hands,  and  nerer  paid  over  to  Mr,  Borret, 
upon  the  repeated  application  and  request  of 
the  suitors,  who  doubted  Mr.  Borrei's  sufE* 
cteocy. 

Butf  suppose  the  former  Master  had  died,  at 
failed  with  these  eflfects  in  his  hamhi;  bow 
should  the  suitor  ha%e  come  to  a  full  and  legak 
proof  of  this  transaction  ?  And  how  muny  per- 
sons was  be  to  prosecute,  to  discover  arid  we* 
ceive  bis  own  money  ? 

The  importance  of  this  port  of  Mr.  TbomJis 
Bennet's  testimony  has  given  occasion  to  the 
Karl  and  his  counsel  to  object  to  bis  creilit; 
and  All  endeavour  has  been  used  to  make  out, 
tbnt  Mr.  Bennet  haseontradicted  hiinwelf^  and 
has  denied  here  at  vour  lordbhips^  bar  upon  his 
oaih,  what  be  had  formerly  declared  to  other 
persons. 

For  that  Mr.  Bennet  being  asked  (with  an 
intent  to  prore  his  ability  m  pay  the  rest  of  hia 
deficiency)  **  Whether  he  had  not  said,  tliat  if 
Mr.  Hiccocks  would  pay  him  back  £,000/.  ha 
would  nay  the  rest  himself/'  Mr.  Bennet  denied 
he  had  so  declared ;  and  yet,  as  they  urge, 
the  contrary  is  sworn  by  Mr.  HoUhrdf  Mr... 
Thurston,  and  Mr.  Elde. 

In  answer  to  this  Mr.  Holford  gave  in  evi- 
dence, that  Mr.  Bennet  said,  **  that  if  Mr. 
Hiccocks  would  pay  him  hack  2,0O0t.  he  would 
tuke  care  that  the  rest  of  the  monev  fahould  be 
nii»»ed.*'  But  Mr.  Bennel  did  not  say,  "  he  had 
the  money/'  tbooj^h  Mr.  Holford  t«lieved  ha 
had  by  his  manner  of  «pfakinsf . 

Mr'  Thurston  deposed,  that  Mr.  Bennet  de* 
ciareil  **•  tie  would  make  up  the  re«t  himself;" 
hut  afterwards  told  him,  that  **  all  be  had  in  the 
world  would  not  pay  it :" 

And  Mr,  Elde  swears  to  the  saoie  eflact 


I359J 


10  GEORGE  I. 


Triai  ffthe  Earl  rf  Macclesfield^ 


[I30Q 


■  Aad  tbn  testitnooy  does  not  contradict,  hut 
ntber  confirmB  Mr.  Bonnet's  evidence.  For  he 
made  no  direct  declaration  of  his  ability  to  pay 
the  rest,  but  being  liable  tn  the  suitors,  be 
seemed  to  be  willing  to  get  what  he  could  from 
Mr.  Hicoocks. 

Besides,  his  discourse  at  these  times  cannot 
staud  in  competition  with  his  oath,  according  to 
the  common  rules  of  evidence ;  and  a  witness's 
credit  is  not  to  be  tuken  away  upon  an  uncer- 
tain expression,  proved  by  each  of  the  Earl's 
own  witnesses  in  different  words,  when  from 
the  ambiguity  of  it  there  cannot  possibly  be  any 
toluiitary  contradiction. 

Bui  the  Commons  will  confirm  the  truth  and 
fairness  of  this  testimony  of  Mr.  Benoet,  by 
proving  that  the  Earl  had  expressed  the  same 
concern  and  dislike  of  the  manner  of  these  ac- 
counts in  respect  of  these  items  to  others,  before 
anvMrliamentary  enquiry. 

There  is  likewise  another  matter  of  fact, 
which  assists  the  proof  of  this  Article,  which  is, 
that  the  price  of  the  of  Bee,  and  of  the  ad  mis- 
sion,  are  comprehended  in  the  accounts  of  the 
Matters'  deficiencies,  and  make  the  greatest  part 
of  Mr.  Bennet's  deficiency,  and  near  a  moiety 
of  Mr.  Kynaston's : 

Which  manifests  the  danger  and  injury  of 
this  unjust  practice  to  the  suitor,  whose  estate  is 
thereby  put  u|ioo  the  hazard  of  the  Master's 
good  or  bad  success,  and  his  property  lost  with 
a  deficient  Master. 

And  here  the  corruption  and  misbehaviour  of 
Ibe  Earl  appear  with  the  highest  aggravations. 

The  extorted  profit  made  by  the  Earl  is  raised 
oat  of  those  effects  which  are  deposited  in  the 
Court  upon  the  faith  and  honour  of  the  king's 
administration  under  the  care  of  the  chancellor, 
as  chief  trustee,  by  whose  connivance  (if  not 
consent)  they  are  thus  embezzled ;  and  the  mi- 
serable suitor  must  either  sit  down  with  the  loss, 
or  be  forced  to  expend  his  little  remaining 
substance  in  a  tedious  process  to  recover  back 
his  own  estate  thus  wasted  and  converted  by 
the  Masters. 

Unnecessary  delays  and  protractions  of 
causes  are  the  unavoidable  consequences  of 
this  practice  ;  and  in  this  manner  the  business 
of  the  Court,  and  the  profits  of  the  Masters'  of- 
fices have  been  increasetl  by  the  pursuit  of  the 
parties  after  their  own  effects,  which  in  the  con- 
duction terminates  in  so  heavy  a  loss. 

The  late  orders  made  up<»n  the  petitions  of 
Mr.  Hiccocks  and  Mr.  Rogers  since  the  Im- 
peachment, and  some  since  the  Trial  com- 
meuceil,  though  not  proved  to  have  been  us  yet 
complied  with,  and  at  best  are  but  defiosits  to 
attend  the  event  of  tlie  contest  between  the 
former  and  the  present  Masters,  have  been 
made  use  of  by  the  Earl  in  his  difence  ;  which 
is  a  new  attempt  in  him  to  make  a  false  shew 
and  appearance  of  restitution  and  satisfaction. 

Altboogh  if  it  were  a  real  and  a  complete 
return  of  the  principal  money,  it  would  be  % 
very  small  excusm  and  extcouatioD  for  the  vmI 
prejudice  done  to  all  the  milHS  of  the  Goqrti  }a 
the  looking  up  tiMir  noMgr,  «4g 


rities,  and  stopping  the  pay  meota  thereon  far  lo 
many  months,  besidea  tbe  loss  of  interctffli 
the  cash,  and  their  bein{(  liiadered  froe  i6e 
empk»yment  of  their  money. 

The  Earl  has  not  adventured  to  enter iait 
|>articalar  discharge  of  the  total  deficieoci  » 
signed  by  tbe  Commons,  upon  tbe  eviileoee^ 
Mr.  Thompson,  and  collected  from  the  aocooa 
stated  upon  the  late  enquiry,  amouotiocto 
more  than  100,000/.  Nor  has  he  given  m 
answer  to  the  great  loss  which  the  ioooeeil 
suiuirs  sustain  by  tbe  insolvency  of  tbetwo4^ 
ceased  Masters,  Dormer  aud  Borret. 

This  great  confusion  and  damage  broo^t 
upon  a  court,  where  the  estates  of  tbe  looa 
wealthy  subjects,  as  well  as  of  lesser  people,  do 
sooner' or  later  come,  became  a  national  000- 
cern,  not  merely  from  tbe  extensiveness  of  lbs 
loss  to  the  particular  suitors,  but  likesi* 
from  the  apparent  danger  thereby  ahsioy  is 
tbe  public. 

This  general  ruin  awakened  the  care  lal 
zeal  of  the  Commons  in  parliament  for  jaftice 
to  their  fellow  subiects. 

This  introduced  tlie  Charge  against  tbeEiH 
in  the  13th  Article,  which  lias  been  proved u  i( 
is  alleged,  viz.  *^  That  by  this  ui^iust  aud  fciirfi' 
lent  practice,  the  corrupt  profit  ooade  by  ie 
Earl  upon  the  sale  of  ofBces  of  Alastera  in  Cha- 
eery,  has  in  conseijoence  lieeu  raised  and  re- 
ceived by  him  out  of  the  efifects  of  the  suiton«f 
the  Court,  for  whom  he  was  entrusted ;  ii 
breach  of  the  trust  re|>08ed  in  him  for  tbe  }lr^ 
servation  of  the  estates  and  effects  of  tbesuiton, 
to  the  dishonour  and  discredit  of  the  Court,  aid 
to  the  great  injury  and  defraudinc^  of  tbe  sui- 
tors, in  a  court  of  equity  eatablLsbed  for  Unr 
relief  and  protection." 

My  lords,  if  the  misdemeanours  of  wfairh 
the  Earl  impeached  stands  accused,  were  not 
crimes  by  the  ordinary  rules  of  law  in  iofeiior 
courts,  as  they  have  t>een  made  out  to  be ;  vft 
they  ivould  be  offences  of  a  public  ostuK, 
against  the  welfare  <iX  the  subject,  and  tbeoois- 
mon  good  of  the  kingdom,  committed  b¥  tlie 
highest  officer  of  justice,  ami  attended  with  «o 
great  and  immediate  loss  to  a  multittide  vt'Mif- 
ft'rers;  and  as  such,  they  would  demand  ilie 
exercise  of  the  exlruordiuary  jurisdictioe  rerttd 
in  your  judicature  for  the  public  safety,  by  ^ir* 
tue  whereof  your  lordship«  cau  inflict  tlial  ^t- 
gree  and  kind  of  punishineat  which  uooliier 
Court  can  impose. 

When  these  offences  have  been  proved  ofM 
the  Earl  iin[>eached,  of  what  consideraiioo  n 
judgment  can  the  Karl's  mistaken  and  inii* 
place<l  charities  be  ?  Can  they  alter  tbe  fsctt 
charged  uj>oii  him  ?  or  turn  extortion  and  fnod 
into  liberality  and  piety  ?  Can  the  merit  sfs 
few  private  good  works  atone  for  the  plooderoi' 
the  whole  body  of  the  suitors  of  the  Court  ^ 
Chancery,  upon  whom  this  Earl,  by  his  miike 
haviour,lia8  brought  a  deficiency  of  ]O8,000L'' 

He  depends  opon  the  pra  van  and  wisba  if 
tbow  few,  who  bare  been  the  partaken  of  Mi 
without  bug  aoffBicn  bv  hiaui— 
-nkft  ]<  te  QmmAi  ibr  j«fGi 


1361] 


Jot  High  Crimei  artd  Misdemeamru 


ftj^ust  this  ^real  oiTeftilcr,  not  only  inctudes 

ti»c  c»rnjiliuats  of  the  |>urticylAr  simerei's,  biii 
i%\\fe  iu!cu«ation  of  un  mjufctJ  nttioi),  whom  the 
I  Kai  I  had  entktiiroured  to  cut  off  fn>in  the  pro- 
SecttOT),  which  oti^ht  lu  be  derlf^  tv  tliem 

Irmn  the  father  of  his  |9CO[>1e* 

The  Coinmons  havjuic  now  mjiintained  the 

Irulii  auil  jiisiice  of  their  ChRtge  initial  the 
fXiavt  impt'achett  u^ion  ttii^e  ArtK*tfs,  jeare  hitn 
■  to  jour  lord&hiiti' just  Oetenuiuatiou. 

Mr.  iMtw^che.  My  lords;  t  urn  command- 
j^cd  to  assist  iu  the  reply  r  and  since  I  wjis  ohh^- 
ed  \u  bear  tny  shni^  lo  this  pru*»e<^uljon,  I  was 
nlltfijf  it  shtiiiM  t»e  Hiich  nn  uunhl  ^ive  me  an 
»p(>ortiiJUty  ol  hearing  v\hat  ^olihJ  he  said  and 
(ifed  in  the  impencbcHl  lord's  Def't^iice,  before 
dke  freely  upon  the  mailers  ia  judgment 
re  yotir  lunlship^. 
And'l  may  now  venture  to  «ijy,  as  he  was 
Unfortunftte  to  brin^  so  heavy  a  chiirge  ujmn 
himself^  he  has  still  been  more  unfortunate  in 
his  Defence ;  1  submit  it  lo  your  lordships'  ob- 
tervanon,   whether  any  part  of  the  evidenc^e 

»o/rered  by  the  Mauagera  has  not  been  conlirrji' 
^^  nay,  enforced  upon  hiiDf  by  his  own  evi- 
dence; and  some  ot  the  charges  u|M>n  him  he 
Ilia  endeavoured  to  evade  by  iiuch  excuses  and 
m^uments,  as  have  made  even  his  Defence  cri- 
mtnal. 
My  lords,  upon  the  examination  of  the  first 

Iiritueas  produced  on  the  part  of  the  Commons, 
%\%  lordship  was  pleased  to  make  it  a  «}ur*»tion, 
Whether  h^  look  the  oath  directed  by  the  statute 
NDf  12  Richard  2.  The  objection  seemed  to  be, 
khttt  though  the  statute  w»«»  read,  and  his  lord- 
blip  kissed  the  Bible,  yet  he  was  sworn  to  no* 
thing.  This  was  so  surprising'  to  all  that  heard 
it,  and  the  rejwirt  of  it  raised  such  iodipnallon, 
that  it  mri^ht  have  been  expected  bts  kirdship 
would  hate  drawn  a  veil  over  this  part  of  the 
Case^  and  have  taken  care  that  it  should  not  be 
neniioned  aij:ain;  but  insteafl  of  that,  his  conn- 
el,  nay  he  himself,  iiave  thought  fit  to  hriiig^ 
omt  into  dit(pMte  in  hrs  defence^  and  his 
Eip  does  not  even  yet  fully  own  that  be 
Fthe  oath. 
The  stamie  has  bten  represented  as  obsolet*?, 
read  in  old  Fn-m  h  ii\n\  not  regarded,  and  the 
f>sth  noi  duly  <A\    that  the  ofHccr 

^aaid  naihing  \u  i  ip,  nor  he  to  the  of- 

^K  The  witness  told  your  lord»h)pat  that  at  a 
'  fneetioff  of  the  great  officers  every  year  in  the 
K.Tr'fi+'ipifr,  this  ulalute  was  read,  and  they 
"ii  ly  kissed  the  book;    and   that  tbrs 

isual  method  of  taking  the  oaih  prv* 
QnbiMi  by  tUatstaiule, 
My  lords,  I  would  obeerfe,  that  if  there  bad 
euanvthinifi      '     :  '     .     ^     '  'i  that 

lornship  tti  s  his 

jf,  who  wa.><  ill.    ._.ui4  ...   M.^i    x^viiMily,  to 
tti  them  in  u  it^ht  method  agrreable  to  the 
Hiii    ihi  M  r.ir*.  tht«    »f»jL»ctioa  is  fery 

%,  ,  lor  any  one  to 

kite  a  shew  of  taking  cm  o«tb,  txidy ft,  by 


some  nice  driitinctjonSf  endeavour  to  persuade 
him«cU"or  others^  that  hi*  ii^  not  wworn, 

I  ^ii  not  know  but  m^»8t  of  the  oM  oaths  that 
are  taken,  may  by  the  like  argumenls  be  evad- 
ed, as  well  ftMhis ;  the  very  oath  of  otiiceael 
forth  in  thislord^a  Answer  i^,  You  shall  sweart 
^c.  and  in  that  case  a  nice  di^tiu^^uisher  may 
as  well  say,  that  he  repeated  noUno^,  and  that 
there  are  not  words  de  pratrntif  whereby  he  ia 
sworn.  But  where  i^  the  detect  in  administer* 
ing  this  oaiU  f  The  officer  reads  out  of  the  sta- 
tute, thit  the  ChancelJor,  ireasitrer,  &c.  shall 
be  sworn,  and  then  thoy  kiss  the  Iniok* 

1  do  not  see  there  is  much  difference  between 
saying,  'I'he  Chanc«'lloi ,  treasurer,  ^c.  sliall  be 
sworn  (they  being  at  the  ssroe  time  preseui) 
and  saying.  You  the  Chancellor,  treasurer^ 
^c.  shall  swear* 

I  shatt  thrret'ore  have  the  charity  for  thfi 
uoMe  lord  to  think  and  take  it  for  granted,  that 
be  was  sworn  as  the  statute  required,  and  tlntt 
he  understood  the  statute,  though  it  was  read 
in  old  French,  and  that  he  did  ni»t  prevarical8;» 
when  he  did  this  solemn  aclr 

Stipposing  therefore  thai  the  statute  IS  R. 
2,  is  in  forcei  and  that  the  oath  was  re.dly 
taken  ;  the  next  consideration  is,  what  the  law 
is  upon  the  several  fncts  and  circumst.iiiee9 
pn>?ed  against  the  impeached  lord  in  relation 
to  his  se&uig  the  otfices  of  Masters  in  Chan- 
cery. 

The  Answer  put  in  to  tlie  Charge  of  the  Com* 
inons  says,  The  I^laslers  freely  and  rol  not  aril  v 
bent  a  present  without  ad mittiu^i^  any  particular 
sum;  we  say  that  particular  sums  (and  those 
very  exorbitant)  were  insisted  on,  aad  a  l^»ar- 
^^ttin  driven  for  the  offices,  as  much  as  could  be 
in  any  case  by  way  of  brokage:  nay,  the  very 
benefit  of  having  the  suitors*  money  comes  into 
the  consideration  of  the  price. 

The  words  of  the  statute  of  R.  i,  are  gene- 
ral, and  in  point  of  reason  it  should  extend  to 
this  case  above  others  ;  because  the  othces  of 
Masters  in  Chancery  do  not  only  concern  tha 
admiutsiration  of  justice,  but  are  to  some  mea- 
sure judicial ;  they  traii««act  a  great  part  of  the 
business  of  ihe  Court,  and  have  usually  been  in 
commisstuu  tejgcther  with  the  Masu  r  of  tht 
lioll*i,  and  the  judges,  for  hearing  of  causes. 

Lord  chid  justice  Coke  in  his  :jid  lnstttute«| 
p.  145,  places  this  otfeufiC  of  stalling  ofHcea 
iindcr  his  chapter  ol  Bribri  y  ,w  here  he  stales  tht 
dcflnitf'-n  ot  hribcry  to  l»e,  **  When  any  man  in 
a  '^oe  lakes  any  fee  or  pension,  robe 

or  .  I,  rcwartl,  or  brokage  of  any  per* 

sou  iUiki  huih  10  do  before  him  any  way,  for 
doing  his  ofllce,*'  <kc.  He  commenu  upon  th« 
wordsof  this  definition,  nnd  more  particularly 
upon  those  words  **  of  any  person  that  hath  t9 
do  before  him  any  way,'*  an  J  he  lakr*  no* 
tic>e,  that  it  is  noi  confined  ti»  taking  money ^ 
^^,|^,..-  ..  ...»  .,  A — -  *  t,,T.   tmt  nUo  whf^reany 

in  toy  iliin;^  fur  gift  or  re« 

Wit;,.:,.   ,....,.  "*   his  olllce,  thougti 

there  be  no  suit  at  rrg* 

Forexample»  (s  ,  ,  '  U  the  lord  trea- 
surer, for  tny  gdior  brokigt ibaU make  any 

4ti 


jy.r 


'JT.'-t 


7'ia'  'irrnt  Lar;  r^^lesurtad. 


"I!W 


<f'     '.Hi     f.      J-  tt           :.. 

•»  '^     .1  »S|:.  .-••   .  •     :     • 

y        ••:-  .V.  .; 

^.-f   ..»•    ■•  Ti-    •  ri*    III 


'.I*    •'•rwifuv.'t/i   '.i.a* 


•/• 


«>     «•  I'S 


.  >  v' 


f ••■  111-?  *K:  »  i»  •;«»»*-  I  .»*-•»  'ijt  •  i;-ili»;»''- r 
•'•*■»   ;««n:i  .;*•,»  ;*»-*>■  nn   Jir*  H'i^-if-;       Jir   i,rt  h;^ 

fill   i»i>    kf   *l'    :   i«     |i»'i     ■.'*^'»tl'i7'   «;i"Jl» 

•  •-      «l  •■I'.ii*-   n>l'.U^  .■      '.I'-r  .■-■!     »i,»-,  !■•»;.- 

*i     1  •»   lilt'  Mr* .'^■. •«•...  -uf     €     '      -i'.    •-    ?»-:!j»r'ii»r» 

i«.H    r'liSf'  l^ci:    '.1,1  i.'i-,:.v  '.•       .  v«         7    .»    •r.iv    "..■.:. 

»«  MX  •#•!•     '  y  .              frt^-     - '.       •^.#.»'.'   r 

v.-  >^    •■      ■'  •  •    ■*»"..■;'  .ii»  *•'■    »  v"  i'*«»i--» 

*i.'    lijf   j^.  ■  ••  ,•;!  II.-    .ii- 'ii    r  ii.»    i.i    ■!•■  •-■'.. w: 

tf.»  CM-  U>  i  ?f  4  «.  :  ;;  •  ».-t  i.  >«-i.t  ;  •.»-.€:  : 
ftfiC  ^^u'i.i'^t  !»■.••*■.■•  ,vi  •:  ».  .  .  J  «-i  !ii 
•>""^;L  ;*•  Ji.  1  iii'  '.  .t-»«'v«».  "  :•  .^-  •■  \^  t 
/i^w.  f«?yj  V  . -1  ■.  ^■.-  : ,  '  -v^'..  •  X."  •> 
<••«;  (ft* *■;■.- tt 'y   ".ij*- '.  .V     •■/•■•   I  .  »v   •-.:.     i' \ 


^7    ivn» 
i»**»j*^i«i-  rut*  f»c  r    ^tMw*— ' 
#^i*n»*-mi-r    i   -1'.    w  w;l    i- 
«r  Lni»-  Hi*:!!.!*-.    t»*ar?*    le-   ^1 

II**-  nulii'r   UlSi**Blil'.a     1       ^     ■  TIB- 

n.'ii'i*  i»ni  Txi-  i.:sz^:(*  ZM-  tmx  r- 
•r  K  iia-fc*  III*  K-t-inic  «■■  ^^    ing" 
t:n*.ifv  Diniiier    oiiyi  >■.     lac    z:a 
ti»f%  lUtft'i  cwn  ir-LUT'    i    a    t 
i»u  •  »'.    r   iii4'.;.     T'-'.     :.    iir 

o'  lutni^  uaii  II*  til-  rrTWTT  Tr  jl 

.y  r      • 


WT-    X;»T1 


U»*. 


rrfii--   *r 


I 
1 


*-.  '!••:  ':'.V: 


^•w  M'^.'^r.  'rf  •  ^'  ^  ■  .  ■  ■  '<  *  r.i"  .  ',*•.*:  ■  <  v^ 
9*yj*\i/j  .:   **'/}.  r  /■'.     "••■■«  _f  .  r  •■•,■...  •*- 

'/?  i -V  ;#•-.'.'  .  * -'  ■■*  *'-  :•■•-■  •«  •■  •**'■•* 
v»'/»';t       *%    V  tt  »'.s-?.r  •*  •»•    'i/M?' .  <'> 

ft'/.  eii'J  •//•^L  \i/,A  ^  !«.r  •.:,•;  '/>•*'**  ',*  •I'..-  '- 
•fi^l   ■/*..' W.'.k.    tr.^    !,«^    *  ■..*    v-.^K   l»^«-.'.    •*,    \    \ 

i»  '/../* •»!;.  t//  ;  )f    -i    *./  -I    •.         4-    ■  *  ■.-,  r.   J'.ir 

I  '/if*  tn't  fJ..^)  ,%  ;s  r  ^»  .I'-'i;  **■•'  •  L'''it 
f.^i  ;v<   (/I    Oj/^jf'-Js"  '.ri    ,•!    iJi**    o;r./;i  ••     4  .-:    I'jCli 

Jl'Jf.'i'.i   1     J:    -.ify    «i.  ;•/    ;','J».    J*'.>.^'i.   Mp'^j  iLiH 

!»•  '■»  Uf  :>.'!.!'  ...  :  V,  hiv,  tM- p:i!/!i'.  fr** 
I.'. I  I'  'i  t',  ij«,  I',  f /•#!  I  f,  ;jf,',',i  nny  I'nirj'/,  U'tl 
*vi*«:'»,i  »  il«-    'f',.-;     iff     ;i  yo'fil  tA..tJt  ;     iJi^t  ;J 

111*    l*«     ^'/,    I'll    |,i  M.i;   Ik   r#'*l   hufi,   lJiOii;jli    h<:  ' 

riw-ft    1:,.     C.»,.5-;i  I  r.,r    rri'^jii-y    l'>r    hi-i    |iUrir.  ' 

Jl'M-I   |ii*--tjf|.-    h" 'A.I-,  ■  1  rini'iU- tliiil  it  mii^lit  ! 

l/t:    oli;'-'ti-l.    Ill  J    ii,(     •,.,'j!f:    Ji'^ijrfi^jit    ivouM  .• 

li'iM  I'M    fii-'ij.;  lii'/.f-v    i;i    I    «;:fiif»f' tj'-l''r(:  liilU,  | 

pMriTiiliil  u  «.i.  :t  '.M/jil  jii.|;^rrMiil :    An-I  iIh-M'-  ! 

I'ii"   M.''.  |/lf  .1  1 .1  i  I  ;:ty   iI,  uiii' iliMi  i(-n':<' fi<f-  I 

liviiii  Uii*:  f  iTi*  ii|ii|  »i'  ii.'r  .1  l,|-ihi- f'Ji  jijfl^irif;ril  ' 

iit   I  f  .«ii»i    il,  thil  III  rl|i    iMi'*  •..!  ii:  till'  I'iirt}  Ii:li»  ! 

N  iK'til  lit  li:«\.    |>.i|w'iii  r;i     :»iil  ill  tl,i- iflliiri  r:is(?  j 

n-i  III  III  III  I II  ii^lit  lit  Ii;    I.,  vuiiror  rt  rfiriirni'iifl-  ; 
kii'ni,   null  I.4   iijif.ii  t'-mi  I.      Tim  'i*t    %ity  t'K- 

II  i'ir(||||it|\  ,  ;n.«l  llif  ■..|i|..'  ;ii^lli|l«'ilt  \liltlllj 
|. ■!.%.■,  lliil  II  I.  I  .\.l  :i  i.,|  |i,.n  lo  l.it:i*  III"IH'y 
fi  •■III  I  » «  I  \   piilr.i-  Hi  II  riiiiif  -.  mill  \\  ,  •.l|iHii*»ti*r 

ImII  Ii  in  nil!  l.iiM<\ii,  iii.it  iiif.  ('|i:iiifill>)r 
(;•  iii-i  illy  Mi'iiiiiiiM  iiil«  til  hill  1.1  ■«•,  mill  vM  it 
iiii,;lii  tiirii  III'  it.i  il,  U  II  II  In  IJii*  |M||ilii-  ihf* 
\^i>iM',  |iiiiiriifii|  lir*  |ii  il  •^nml  |iiilt;i' >  Siirclv 
lliri  |h  'ilili  11  ilfii-lti.ii',  .11  14  ii'it  I'll  III  111'  pro. 
iliiiiiii.il  III  fill'  uiiiiij,  iniil  (Viiiilii  tf  11(1  to  Ulli- 
vrnijl « iiniijiiiiiii. 


V  iri"» 

fc"t*i»-  -    7    »  ••  w  vn: 

1*^:1*-  faU'iiir'M    tiu! 

firtivuii*  br*.   i*  E  i*e»*  A    It-  aarrsa 

r:  I",  lit       Bx  til*   Bun;  *jxtmr     t-  -:1  <*% 

••:c^!  'bt  BijSHnr  nsiD-iuxk;  s;"   irttr  SULK  .114 

•-b*  <JuM    II'  ^-iiiiiirclirr    »T-    tie   nsnr^  *  M 

«i*»i*jt :    iiiir  r  n  »*    iift-  afn»'v-  vt^^  xk  ia- 

t***»  y    ll»*  «5i5t  V  !:•  il"    Ixm."   Xint* .    Tlii  T'SZ; 

i»"^..u»ru-  -f  til-  maui*-  ifSftirr*  ^  -ur  urTjoaji 
l*.  *  '.TOii'-Kr^-  •■'»n  r.  ;.  1-  -r-T"  ^mr** 
fcvr^jtfM-  :..t  «»n?Bi'ii  iLv  tiKL  •-  fiiim:iAim 
r*tv/?  .  t":r»ui'.  buai"  *!«*  iiu.n»sc  Tiia.-;  rf  vj- 
O'if'urt  I'.-  'I*  Lil.-.  17  ■:!•'.«-*  :!•».  :  Mxit-  a  n»«:A 
'..'■'*y^'  T-^'-'iiia*      Aiii  iii*?"riir»»   ^*  axi»  ^ 

Jir.  »--.;i!j>^  itij-  n*L"i«^  -*««nfrf  !■!■»  tan 
I V,it  «¥'.•,••:*' f  E^wtT  :.  I  ill  nir  K»iicts 
iri  orJ'Tj'.^  t»i^  riis^ri^'-if-xii'i-  n  xik  lO.Tf  K 
f. fji-   ' <r  "T   :■  »•■  ..  '.■-■^i    :     r^-i   «■••   V»*g-*^  i 


fv7»:  I'.- 

rw  i.-'ir:.- 

;»* 

k«   L    1- 

21* 

7j;. 

»•.■>•  J  Tc 

.* 

r.E 

t-i- 

DK 

tui  r:  H 

Vrl'.ri/ 

',1  ^jH.it'i 

'• 

l: 

•  :•. 

:    lii 

=  ;r  ::f«a- 

i.n.,  ' 

ArA  ".U 

-. 

■- 

il 

'-: 

-..-^    T'-a- 

:.li:.  Kr 

f'ir«r  yo-;r 

_ -L 

:-* 

1  C 

r-ii'W^   ' !? 

pill  ir. 

f.nif>rs  !Tj 

a 

n.s 

-.. 

■:  : 

1:  .* 

rciFS^SfJ 

liv  ar.'!  fit'  jja'-.i-; 

.*-: 

t » 

W 

L--2 

.  c 

:t  Tr;s  p'" 

ifji  'fFi 

tn:  is*t'*a|i 

•.'1 

.r.T, 

]:• 

^l\> 

-«c 

L  V  •^'•la 

of  r.fh. 

i:    to    :i|/;i 

..:. 

:  <. 

1." 

i-\ 

:  N  - 

-  -  ii»i  i:  I 

wIm-ii  lie  fIo«-s  it  Ii.  c TTJ'v:  T^ir.. 

As  to  this  jKii-.n,  tJ^T-  "s  :i  ir^t-M  3ei!  ct"  -H* 
f»'ri-ni:e  ImLm-i n  <ii!t-  nircor  ^.l.-^j  lo  aBot.i^". 
;fij(|  a  jiidt^e  iliiii  |.m«.  .l.-j  i:i  in*.*  c.»jrT.  ni.ost 
tlhty  It  is  to  see  tliat  praper  jwrssc-v*  Sf  ai- 
pfiiiitcci  ac'C(»riliii;^  In  law  ;  iui:t<^i:i  of  tbai. b« 
this  riiithiNl  he  ^liews  them  a  b\:\  e\arr;!f  (B 
tlifrir  wry  stilii  iNsjun  into  the  nfiice.  anj  into- 
duces  tlit'in  hy  ro;riiptinn  in  tS  '  tirsi  in«urc«. 
eteii  hy  the  «ery  •'ici  of  aihaiiiistorir^ibeoa'Jt 
to  them. 

It'  this  ^oat  officer  shniihl  lie  liable  to  M 
other  piiiiishinent,  th:tn  uu  incapacity  of  no* 
minaiin^  airain  to  the  aanie  ottice/  the  act 
vvoulil  have  little  efferi,  anil  that  |)enAlty  woiiM 
Nifriiil'y  vt;ry  little ;  since  his  own  oHice  u  dor- 
in;r  ph'asiire. 

My  lords,  I  ahall  now  proceed  to  reply  l0l^ 
defcuce  that  has  bcea  made  oa  the  TOJmitfc 


1565] 


far  High  Crimes  and  Miflemennort. 


» 


tiMl  ftll  Ili«  tubfequeni  Article,  which  isibe 
proviDoe  uiore  ptfiicuUrlv  a»sii?iu  d  ti>  me. 

The  Cbarge  in  the  Tliirlr.  le  is, 

that  upon  the  failure  of  Dim  ^  ad  of 

takin|^  proper  stejiii  for  ubtiunmi^  a  liMit^fiictioD 
l>y  r*»trun'r  ar^d  jiTshtiabic  mrtbo<ls,  the  earl  ot 
?«  I  k  (J  HuJ  drchiie*!  ihose  me* 

t  y  iuJtrect  pnHt:ces  enJeu- 

Tuurtil  to  cuuteril  lijc  true  slate  and  comiition 
of  the  office;  lest  a  puMic  tliscavci'v  of  ihe  de- 
ficiency should  les8€u  (he  unjuit  ^aiiis  Iw  pr'j- 
noted  10  make  by  ihe  sale  Qt'  Ihe  office*  of 
jMaiiterfi  m  ChAoccry. 

Upon  this  Article  the  taipeached  lord  hag 
ggyj^  It..  (Li.kLr^  ii  |,jir,i  thai  tiiese  niiscarrifi^ed 
iliuii!  ^'^ed  upon  hirn  ;    ihat   Lliix  utf^iir 

ftboiu  i'  1  -c  i^as  a  oitsftirtone  thai  mi^lit 
liave  bnppeuetl  in  asy  other  Cbattcetlor*(»  lime, 
and  not  hJR  f&ull. 

My  lofiis^  tRlhis  unfortunate  lord  bad  done 

what  bfiramr  hrm  in  Uh  Uigh  station  upon  the 

fftilure  ol  r,  G<h\  lbrt>id  ihat  lUe  tnia- 

Ibrtune  n,  licc  should  any  ways  Itave 

n  laid  to   i^i^  cliiirsfe  j    if  he  had  heeu  de 

tirou«  to  buTc  procei^ilrd  in  a  rt*|^ulur  ntethml, 

lie  oiiifbt  very  easily  have  done  it ;    the  paths 

of  virtue  and  justice  would  bavo  been  esisy, 

ike  need  not  have  found  himself  at  the  end  of 

Jfour  year«  iiurfouude«l   Mrith  iioch  insuperable 

'  .difficuUif'*, 

If  a  fair,  plain,  and  open  method  had  been 

iaken  for  enquirtug^  into,  and  sliilii)^  ihe  debt 

clue  to  the  ttuitors^  and  the  account  nt  Dormer*^ 

^<tfftttM  to  aatiivfy  it,  there  could  liave  lieen   no 

^Kdan^er  to  the  Cbancellofi  whatever  the  delt 

^Keicncy  had  been  ;   but  the  trutli  wu-i^  be  could 

^Kpot  part  with  thone  va^t  and  exoi  biiiint  pric«^, 

^1^  which  he  had  at  that  time  raided  the  plact-a 

'       nf  Maftcrs;    he  tbuod  the  aweet  of  that  gain, 

mod  was  wilUog  to  run  kome  hazard  tor  it. 

Though  it  was  known  that  Dormer  was 
gone,  yet  the  quanturu  of  ihe  deficiency  was 
not  kuown;  and  if  it  bad  been  public,  the  mo- 
ney nii^bt  probaldy  have  L'€*en  taken  out  of  the 
Blaater^s  handv;  a  parllamirntary  enquiry 
might  have  enaued,  ami  be  mii{ht  Jiave  iosi 


fort 

^^Mtro 


^i-f^l, 


lie  afierward>» 
and  tiie*€  weiv 

i     DO- 

Milh 


tboae  exorbitant  prot^ 
•dually  made  of  th 
;^lrue  reaiioaa  f*i 
dettioe  prm  • 
J  die  hiinlei^l  i 

tty  to  himself  hy  ref^uiar  <h  i 

'  IVbcn  onlcra  of  court  are  regu  i  1 1- 

is  a  tjUK'k  way  of  nutting  ilii^ni  In  t:x<ceuiiou : 
It  baa  been  o^r<;erTed  hy  the  counsel  in  ihitt  case, 
Ihat  it  i^  i<  'litiouf  ntfaniHt  nii  oltM.^er  of 

IbeConri  ihcr  ;  ami  it  is  cerlajuly  an. 

There  m]|£ lit  have  heen  a  8i*ciuc«tration  a^^ain^^t 
llormer  in  a  very  liult-  Litne,  and  that  would 
liave  «jIjt''  "  "'  ■     "   .  ■  ^    :  n|* 

lua#fi<c(  ^i 

inn  (jTreat  iiii  .^ii.ir  ii..»"' .  d 

of  the  ueceiiMiy  ot  Uoruier's  '  1 

liavinK  h<«  liberty  in  order  tti  t 

It   wa^  hkewt»e  auiid  ih^t  it  wipt  ii 

iii9  diMjovery  of  hiii  etfectii  ;  and  j. 

«|jd  ooiii«  oYtTi  bt  wai  oarer  «Juiiiuiod  oa  i&- 


A.  a  1725-  [1366 

terrogfatorics.  Surely,  if  a  Chancellor  will 
take  upon  him  to  ^rant  a  man  his  liberty,  when 
he  15  to  make  satisfaction  to  ibe  siiiionij  hf 
ou^ht  to  take  care  that  lite  consideration  lor 
Ihe  granting  biro  bis  liberty  should  be  per- 
forated. 

lint  it  is  said,  what  harm  has  happened  hj 
not  biking'  those  methods  f 

My  lords,  here  arc  two  remarkable  i 
of  the  conscquPuce*i  of  tliis  oei^lect,  h\ 
appears  neither  the  debt  to  the  suiuu'*   >»^a.3 
known,  aor   the  <[uantum  of  ibe  eflecla  tlkai 
there  wfro  lo  \ny  it. 

Mr.  Edwards  told  your  lordnhips,  that  tho 
deficiency  of  Dormer  wa%  at  tirnt  about 
'jfy^OixyL  but  that  iihout  a  inonlh  ago  he  dis-  I 
covered  a  farther  Athi  of  About  J,i>CQ/.  Here  | 
thtre  i^  a  vfry  ;^>eat  deficiency  concealed  :  on 
the  other  fcide,  the  effects  of  AJr,  Dormer,  tluit 
aliouhl  have  gone  towards  paying  this  debt, 
have  liecn  concealed  and  lessenei)  by  the  want 
of  such  an  examination.  Vour  lurdKbipi 
heard  the  evidence  about  the  parcels  of  hopt 
htloo^/uiir  to  Dormer,  that  were  wonli  7  or 
P,uoi.  that  lay  concealed  four  yeai-s,  and  were 
not  discovered  till  lately.  The  counsel,  indeed, 
aaid,  they  were  only  a  parcel  <*(  muvty  hopt 
thai  liud  twen  f<nmd.     But  if  he  1     ''  la- 

uiint^l  (»ri  ioifri  ogatories,  in   all  \    he 

would  have  diiicovered  them  at  u^-.^,  .n.i  ihey 
had  been  worth  5  or  600L  more  tlistn  now,  and 
the  suitors  uould  have  liad  the  banelit  of  them  ; 
5  or  600 A  is  a  canniderible  hum  in  Mr.  Dor- 
iiier's  etfects  ;  and  no  one  can  tell  hut  thert 
might  he  other  insiAoce^  of  the  hke  kind. 

tVhut  is  the  answer  Win  lordship  |;ives  lo  thii 
groHs  and  wiliul  neglect?  He  tells  your  lord* 
Kbips,  That  he  gave  dhection^i  to  the  two 
senior  MaMei^,  Ut  moke  entpiiry  into  Dormer'* 
affau'S  and  accounts  \  he  lell  it  to  ihem,  and 
that  they  did  not  think  it  re<jMistte  lo  examine 
him  upon  mternigatorics,  or  to  use  him  y^ith 
hardship* 

It  is  very  extraordinary,  that  in  a  matter  of 
that  great  concern,  he  should  content  himself 
with  a  parol  direction  ;  ordf'rs  ft  <mu  a  Lord 
C'ltuncetlor,  th^At  itrf  in  earof^t,  aie  always  in 
writing  ;  nor  crtii  they  be  luforced  unless  they  I 
are  so,  and  ibeiefore  there  must  be  some  pri- 
vate reasons  for  these  extraordinary  priKieetlingi. 

Anotbrr  ihiui£  that  was  in^^istcd  on«  Wtis,  ( 
That  the  £ar1  (as  he  exprevse^  ti  lo  tits  Answer) 
wa,»  made  to  believe,  that  th**  Musu«n*  would 
make  good  the  iW^ficteury.  VVbiit  reufon  had 
he  to  believe  it  3*  Tbry  never  ttdil  him  <o  ;  in 
a  matter  t»t  tbait  moiiirtit,  lie  had  no  rea^tui  to 
depend  on  an  hear- say  evident^.  Re  kne>r 
this  was  to  be  an  undi*rtakiut£  tor  the  debt  of  ] 
another,  which  could  not  Ijy  law  lie  obligatory, 
uulesw  rrduced  iot*»  wnloig. 

My  lord**,  I  ciintiot  siccounl  for  lhe*e  tfiiniri, 

cilher  in  thr  ^''- flor,  or  iboM"  Ma«iT#»r)*  ihat  1 

had  the  oji  ofihis  atfair,  untrsisit  t)€  i 

ini;llit-     *trl,,   |,    ^    .,  „ .  ^  ,  „  j  lU  <!OnCtSl  tllC  4li 'ficit'OCy    j 

.  1  uieiiii  ihe  ijuantuui  ol  thutdrtC  , 
,     lid  that  bolb  lh«  Chancellor  and  the 
two  acmor  Alaitcfi  thought  it  tli«i/ tutaeu 


I 


N 

N 


I 


do  ID,  that  tit  of  (ht'm  mv^Ui  t^hare  iit  the  sale 
ot'lhc  places:  the  two  seuhir  I^lii^tcrs  were  ile- 
rifuus  (as  was  menUoncil  by  the  eviilcoce)  lo 
ftell  out,  ftnd  llie  CbaticelJor  was  ready  to  re- 
ceive his  share  of  the  money. 

The  Fourttfcitih  Article  is  the  Article  about 
the  compositiun  viitli  U ilsnn  ;  and  (  fniist  heg 
leave  to  siiy,  iiolwithsiaodiun^  *vhat  has  b«ti  m- 
suste<1  upuo,  that  it  is  a  clandestine,  untisyal, 
and  uu warrantable  pniceedinjf*  We  did  lake 
the  hberty  od  our  evidence  to  this  Article  to  oh- 
serve  to  your  lordithips,  that  the  petitiao  of  Mr. 
Edvvard»s  (un  which  this  composition  is  founded) 
takes  notice  that  Dormer  Has  tudthted  tu  the 
«uitors  of  the  Court  iu  several  coot5idenible 
sums  of  money  ;  which  aiioutd  h^ve  been  a 
caution  to  the  Chancellor  to  have  taken  a  more 
Ibau  ordinary  care  in  this  matter ;  but  ititsteiul 
of  that,  there  is  not  any  one  order^  affidavit, 
report,  or  any  ooe  proceed mjf,  that  appears 
tipon  record  throut;houtiliis  whole  affair. 

The  report  produced  appeared  to  be  the 
original  under  Mr.  Hiccocks's  hands,  which 
Vffkn  a  demonstration  tliat  it  was  not  filed  at  the 
lime  whf'u  the  order  waa  made  for  establl&hiug 
tbld  com[JOkition,  nor  has  been  since. 

My  lords,  if  there  he  but  an  affidavit  annexed 
to  a  pelilion,carifts  usually  taken  to  order  that  it 
ehail  be  tiled  ;  but  u  wjs  not  thouofht  conveniint 
in  this  case  to  have  any  thMi£»  public. 

My  lords,  the  earl  of  I^taccieiitii'ld,  in  his  de- 
fence to  this  Article,  betran  with  a  copy  of  a 
judgment  obtained  by  Wilson  againat  Poulier, 
that  was  signed  22d'  December,  1731,  and  is 
for  187,74/.  whereas  the  debt  pretended  to  be 
assigned  b^  Wilson  is2'2,060/.  80  that  thohtfh 
the  judgmeol  waa  for  all  that  Wilson  could  pre- 
tend to  (lor  aught  appears)  yet  the  debt  pre^ 
tcodeil  to  be  as*$i^ned,  In  mentioned  tu  b^  above 
3,000/.  more  than  what  the  judg-ment  is  for  i 
which  is  a  farther  objection  to  this  composition 
that  did  not  appear  before, 

Tlie  next  point  the  Earl  examined  to,  was  the 
Bufiiciency  of  Fo niter,  in  order  to  prove  the 
assignment  of  Pouher^s  debt  to  be  valnuble ; 
and  there  were  two  or  three  brokers  produced 
on  this  account. 

They  were  very  unlucky  witnesses  to  prove 
ilie  man^s  ability^  for  they  happened  lo  be  the 
Tcry  persons  to  whom  he  had  declared  his  in- 
solvency ;  one  of  them  (Scott)  was  emfdoyed 
to  go  to  Mr,  Wilson  to  compound  with  him. 

Bitt  then  a  very  notable  di»liurtion  was  taken 
by  the  Earl  himself,  that  thontfh  P»>uller  dis- 
closed to  these  witnesses  that  he  wa»  insolvent, 
and  that  thny  were  let  into  the  secret ;  yet  all 
other  people  took  blfii  to  be  a  good  man.  The 
evidence  (iroduced  to  prove  this,  were  only 
those  that  knew  he  wna  inaioUent,  and  tiiit  one 
of  all  those  others  that  it  i£  said  took  him  to  be 
•oiveot. 

But  we  hope  we  have  made  it  plain  (and  if  it 
were  DPceaaary,  we  could  make  it  clear  beyond 
dispute)  that  Pouttcr  was  a  broken  man  at  that 
time. 

Another  objection  was,  How  does  it  apjiear 
lliat  a  better  coippotitiQa  could  bare  beto  made  ? 


o/the  Earl  ofMatcieffiM^  fOtl 

My  lords,  those  that  pre4cfSitclotili«i« 
tliem,  without  a  lawful   autlttiritjt  «»  »i 
compositiou  tobmd  the  iiArtiirs  coocoM^ifi 
to  make  it  appear  to  tie  a  rery  gxwd  mM\% 
on  tlie  contrary  tt  appeared  hi  tliia  csytit^ 
examination   of  Mr-    Etlwania,    that  Wia 
(wbeu    he  was  aftervrard:^   charged  ^  it 
owned  he  had   paid   several    oibrrs  fbarii 
debt«;  and  it  is  notoriuas  that  tie  kefrtkai^ 
open  till  lately. 

My  lords,  the  answer  to  ©ur  obj#oliiiB,ia 
no  notice  was  civen  to  tlic  suitors  of  Ika  i^ 
fcrcnre  abiml  the  composition^  (Tarriol  itt|l 
thoiii,'Ul)  some*  hiug  exiranrdbsArj.  li  «ii  ai 
boih  by  the  earl  of  iVIacclesfiekl  uid  has  cvmm 
Ibat  whatever  the  Lord  Cliaiu'c^lor  dwt,  csi 
not  bind  the  suitors,  Ihe^^  not  having  oorioMl 
therefore  the  suitors  mii^tit  reoo«  isr  the  «IA 
from  Wilson,  and  nobody  was  hurt- 

My  lords,  there  is  something  very  ihadii^ 
iothts  i'xcuse;  it  strikes  mne  borrur  lodMk 
that  this  poor  ignorant  man  (VViison)  lAuMiUti 
made  to  beUeTe  upon  the  laitb  of  a  ostfttf 
justice,  that  his  comfiosiciofi  was  in  fall  %■ 
charg^e  ot  his  debt,  if  there  was  at  ihesaxnraBi 
a  reticrve,  that  it  mi|;bt  be  set  i&aide  formal^ 
notice  to  the  suitors;  the  exeuj«  fefasi 
carry  in  it  a  greater  g^iitU  than  ibe  cm 
charged ,  T  h  is  u  1 1  fort uo&te  m&o  ( W  * Isoo )  *• 
living  at  the  beginning'  of  tliis  trial,  but  h» 
since  laid  violent  hatids  &a  btmacif,  andk« 
d^ai  :  I  make  no  retleciioD  w  bat  tntgbt  bilk 
occasion  of  it* 

My  lonls,  I  did  mention  that  upon  the  ^km- 
lute  order  made  tor  Mr.  Edwards  acc«|iliBflkil 
composition,  it  was  ordered  to  be  accept^,  will 
this  addition  to  the  order,  \  iac,   •*  Of  »  h 
notice  forthwith.**    1  mentioned  it,  thai 
might  have  explained  what  he  meant  by  d»rrfi- 
ing  notice  after  thecompoaiiiao  was  ordered l» 
beaccepled,  or  to  whom  notice  was  intended t«^ 
given  ;  1  have  ht  ard  no  answer  to  that,  but  ivbi 
the  Ertrl  was  pleased  to  &ay  riV'-'t  »*--  ir*T.->^ 
tliaton  reading  them,  lie  tUoi 
charged  with  compelling  Mi     i_  .    .: 
ceptof  a  composition  without  nottoe  1 
w  hereas  it  ivas  done  on  the  ptftition  of  iv 
My  lords,  the  notice  should  bavt  I*     1      ,^      ' 
the  suitors,  and  that  before    the  tc^m 
was  ordered  to  be  accepted ;   that  la  ^^ 
Articlp  charges,  and  w  hat  tbo  lllatTwi?f 
on,  and  no  answer  is  given  to  that  ^ 
It  wa«(  said,  That  if  it  bud  been 
be   heard   in  the  ortlinary  cittir^e  {i  i 
third  of  August)  in  vacation  time,   it  < ' 
have  come  on  till  the  next  term* 

I  believe  that  lord  knows  it  h. 
happened,  that  partimlar  petr"- 
heard  in  vacation-time,  if  nec« 

and  I  don't  understand  why  ti:^  .  c  , -. 

siicb  a  fondness  for  having  thiH  done  m>  madi 

in  haste,  unless  it  were  for  the  purpose^  «4iiii  srl 

i  n  ih  e  A  rti  cl  es.     There  w  as  likewise  s»j  1 

said  by  the  Earl,  of  the  st rikinsr  nta 

prayer  of  indemnification,  til. 

fiabie,  it  needed  no  order  to  u 

it  w«re  out  justifiable,  it  ought  uoi  i»  i«^  • 


Jot  High  Cnmei  and  Misdemeanors 

rltat  we  say  i«,  that  it  lookt  like  %  diffi- 
whether  it  was  justiiiAble  or  tmt,  aod 

I  it  was  put  into  the  prajer  of  the  peti^ 

^hat  Mr.  EdvtrardH  mif^ht  be  iodemmheil ; 

\  Cliaucehof  ilioi)<jftii  It  not  jiiRtttiable,  be 
to  have  let  Mr,  Eil»ar<lH  knuw  it,  aa 

\  ail  he  uiii^hi  to  ha%e  let  Mr.  Wtl^»  have 

» tbat  the  composition  would  not  be  gooii 

i  the  Bailors  beioi;  parties.     As  there  is 

eraUle  account  given  for  such  an  ejctrn- 

I  proceedin|||r,  we  aubmit  to  yiuir  lord  - 

hetber  it  is  not  rightly  charf^ed  to  be 

Ke  uiiUwJui  piirpoaea  rnentioued  in    tbe 

II  a  coiumisMion  of  bankruptcy  had 

k^  otit  aj^mtiiit  VVilHoii,  tlie  ipjanium  of 

tto  Dormer,  and  con^eijiif^ittty  of  the 

'  the  fiuitors,  tiiuiit  have  been   known^ 

Wher  auiiors  might  have  been  al armed | 
thoniiij^l*  reformation  mi^bt  have  hap* 

4,  which  iiiigbt  have  etided  iu  the  inkint; 

f  the  money  from   the  Miif«teii(f  and  the 
ef  the  places  woohl  have  been  low  ered, 
f  waa  alwsiyfi  mo^t  carefully  avoided. 
U>rd«,  I  now  |»r«K!e«'d  to  reply  to  the  De- 
made  oji  the  Filtceiilh,  8iiU:cntb|  aod 

btceuth  ArtJclea. 

ke  Fitbenth  Article  is,  That  after  the  fai- 

{of  Dormer,  the  earl  of  MacclesBeJd,  m 

p  to  carry  <vn  his  corrupt  and  unju«it  pur 


A.  D.  1725. 


[1370 


diflicutt  \  we  say  it  was  done  to  get  froin  th« 
Masters  ttOoL  a  piece  to  quiet  mattert*  for  the 
present,  nod  when  ihal  iras  done,  there  was  no 
more  use  made  of  ih:a  order«  But  %vbat  it 
haost  woudertui  of  all  is,  thnt^  tbout^h  in  lour 
yeara  lime  it  was  so  ditFicult  a  wtok  ihat  it 
could  not  be  dom' ;  yel,  when  the  eumimttcc 
of  council  had  called  for  the  Bccorapts,  tho 
earl  of  Mucctesftuld  uaetl  such  dili^encCf  tbat 
he  procureil  them  to  he  ready  in  a  wetk'a 
lime  \  and  tlioogh  all  the  direeUons  and  parti- 
culars which  he  had  required,  were  not  ob- 
aerved,  yet  it  "veems  they  were  all  thai  were 
oecessary  and  sufficient,  and  it  was  hoped 
such  as  would  prevent  a  parliamentary  en* 
qoirj'. 

Toe  Earlio  bis  Answer  Taluea  himself  much 
upon  this  expedition,  not  considering  how  io* 
consistent  it  wus  with  tlie  ditticullies  which 
were  made  an  excuse  for  not  having  it  dou0 
four  years  before. 

It  was  iosiijted  on,  upon  this  head,  that  Mr. 
Li^hiboun  did  n^^t  pay,  and  yet  be  brought  ia 
no  account ;  but  hi»wever,  nirte  of  the  Mosteri 
did  pay,  an<l  The  Chuncellor  well  knew  jt  would 
have  Wked  very  |>aaial  to  have  pnK^eded 
ai^ainst  one  siofj;le  Master,  and  uot  the  re«t  ; 
tbat  would  have  been  Iimi  hare  faced,  and  so 
Mr.   Lightbooo  e»c*aj»ed    too  ;    besides,  there 


,  and  to  conceal  the  lU^ciettcy,  diil  call  |  wait  not  ^i  total  despair  even  of  him,  lor  tie 


It  acconnis  of  the  MaKiers,  not  with  any 
of  exammm(jrihetn,  or  lo  secure  their 
|lii  but  to  terrify  the  Musfers,  atul  ohli|^e 
I  to  contribute  500/.  a-piece  ;  and  after  that 
pbae  was  8erv«d,  did  not  oblijre  them  to 
I  in  their  accounts. 

ke  Six  teem  1 1   iti,  That  he  persuaded  the 

Irra  to  pay  the  1,OOOA  ordered  to  Mrs. 

Py  for  the  like  purpo!»eii. 

bd  the  Sevruieenih  ia,  For  letting  all  the 

by  belon|jmi(  to  Dormer  be  paid  away  to 

I  of  the  suitorii,  wtthrmt  obtprirtnt^  a  prcH 

bit,  to  which  all  were  equally  entitled, 

f  the  Fitteentu,  the  earl  of  !Vlaccle»^fieM 

in  hia  Answer,  That  he  did  really  call  for 

ceompta  with  ao  intent  to  examine  thetn, 

ihal  he  mifirht  rri^utaie  matters,  and  that 

the  500/.  woi)  paol.  ii.ti1l  he  called  for  the 

for  that  there  was  a  letter  sent  in 

1721,    to    the    Ma<^ters,    inatatio|P 

hftTing    tb^in;    but  aa  to  thia  aeeood 

;  as  Mr,  Cottinirbam  did  iiot  apeak  at  all 

Bvely  to  it,  but  that  he  believetl,  Nit  could 

be  poHjtive  that  it  was  sent,  and  that  he 

taken  no  memorandum  of  it,  &c.  we  must 

Mve  to  acquaint  your  lordships,  that  ttiii 

id  letter  was  ni'ver  sent ;  and  every  one 

le  Uaatera  will  ifive  your  lord«bi|Hi  that 

lot  s  But  auppoainfr  it  liad  been  aent,  can 

iMie  imaifine  that   the  Chancellor   would 

ate  pursued  tiiat  direction,  and  havr  had 

I  icooiopti,  if  he  had  really  »nirtidrft  it  ? 

lb  the  excuHc  at  la^t?  tl*?  had  retpured 

hcutara  iu  the  accomptu,   that  it 

nj^Nncticable  to  do  ii«     My  lords. 

Articles   b«  true,  it  un- 


several  tim^^R  utVerwards  ttpokeu  to  about  mak* 
iofif  l^ood  tim  600/ 

It  was  said  likewise,  the  businefis  of  liie 
Court  mu*«t  hate  been  at  a  stand,  if  these  ac-» 
compts  had  been  nuntued. 

Ms  lordji,  if  it  iiad  been  so,  it  had  been  more 
for  the  reputation  of  the  C  otirt,  and  for  the 
bene  (it  of  the  suitors  in  jreneral,  to  have  bikd 
some  time  employed  about  this  necessary 
work  ;  and  if  there  had  been  a  wilhog  mmd^ 
one  \nu^  vacation  wouhl  kave  beeu  autficieni 
wiihout  any  iaterrupiion  to  the  huaineMi  of  (be 
Court, 

Alter  all  these  excuses  the  Ear!  ia  pleased  to 
say,  if  be  had  taken  the  accompta,  it  would 
have  liiirntlied   noibin^  unless  he  went  farther, 

Mj  lords,  if  h*' never  beifun,  he  could  never 
brings  any  thin^  to  (»erfeclMiu  \  ami  in  bis  An- 
Bwcr  he  coofesaes  it  was  »tecoi^arv  to  have  the 
accompta  in  order  to  make  re^ufation!^,  liut 
after  all  be  ia  forced  to  come  to  tbisconclu* 
aion  (a*  be  nay^  in  hia  Answer)  to  tfo  on  m  Ibe 
same  rontl  bis  preffeee^st  rs  hatl  done  \  lhoug:hy 
by  the  way,  it  hai  Hp(»eared  to  your  tordhhqi«| 
tfiat  it  IS  not  I  be  Kame  n/ad  ;  for  his  two  imme- 
diate^ predt'CesiMira  did  call  for  the  accompta, 
and  had  them, 

The  Hiirternth  Article  is  ffrounded  on  the 
penoiaNions  to  pay  1,000/,  (ordered  to  Mr9. 
Chiti> )  to  prrvent  a  parliamentary  or  public 
enqiitVy,  and  \{y,%\  the  EnrI  afterwards  paid  the 
aame  himself  to  Mr.  Lockman,  Ace. 

My  lords,  we  cjiMed  six  or  aeven  witneMi0 ' 
to  this  Article,  and  did  ob^terve  at  that  lime 
the  Earl  tn  hi^  Answer  said,  lie  behoved  htf 
persuade  1 


I  Mm  4<iigti  lb«  better,  that  it  aboutd  be    Aad  hii  lordship  was  |>)twed  to  i»Xi  wben  hm 


1371] 


la  GEORGE  I. 


Trial  of  the  Eart  of  Maeeln/UU, 


\\Zl 


•poke  in  his  Defence,  that  he  still  iiclieTej,  that 
be  (li<i  not  persuade  them  to  pav  it. 

My  lords,  it  is  very  straoi;e  tLat  there  should 
be  any  doubt  made  of  a;  the  occasioo  of  the 
meeiinif,  and  the  nature  of  the  tliio^  plaiuly 
shews  It.  First  Mr.  Cottini^ham  went  to  Mr. 
Lfi^htboun,  and  tfild  him,  that  there  was  a 
present  occa^icm  for  this  1,00U/.  that  it  was 
proposed  he  should  (»ay  the  500/.  (which  he 
shouhl  have  paiil  before)  aud  tlie  other  Mas- 
ters 5u^  a- piece,  which  would  make  up  the 
1,000/.  Whpu  the  Musters  were  ;;oin^  to  the 
Lord  Chancellor's,  they  discoursed  ainonif 
thern*:elves,  th:it  tlicir  p>iui^  was  upon  occabioD 
of  aiiotiier  call  for  money. 

When  the  Chancellor  came  to  them,  he 
mentioned  the  pressings  necessity  there  was  for 
paying:  this  1»000/. 

Mr.  Edwards  particularly  says,  that  he  re- 
presenieil  to  them  this  matterof  1,000/.  as  a 
thint;  of  consctjuence,  a  very  pressing;  occasion 
of  a  sum  of  money  immediately  to  be  paid  ;  he 
said,  I  do  not  know  what  the  consequence 
nay  be ;  clamours  bc'^in  to  grow  stroni;'.  1 
do  not  know  but  it  muy  come  to  a  |>arriampn  • 
tary  enquiry.  Mr.  L(»viboud  says,  that  my 
lord  told  them,  This  was  a  matter  that  requirell 
great  expedition,  for  one  that  br!on<;vd  to  flie 
prince's  conrt,  and  all  of  them  understood 
there  was  a  proposal  to  pay  the  1,000/.  and 
that  was  the  occasion  of  the  meetini^.  A!l  the 
Masters  that  have  been  examined  on  this  head 
confirm  it. 

What  is  it  that  is  to  evade  all  this  evidence  P 
It  is  only  this  poor  shift,  i  did  not  (says  ihe 
nolde  lord)  persuade  them  to  pay  the  1,000/. 
but  I  persuaded  them  to  pay  all  Dormer's 
deficiency. 

My  lords,  there  is  no  evidence  to  support 
this  distinction,  but,  on  the  contrary,  there 
irere  arguments  used  ftir  the  advancing  of  this 
money.  And  if  he  was  ni;t  able  to  persuade 
them  to  pay  this  1,000/.  there  was  no  likeli- 
hood of  prevailing  on  ihcm  to  pay  the  w  hole. 

My  lonis,  another  matter  insisted  on  iii  re- 
lation to  this  Article    was,  that    the  money 


pleased  to  r^inr  it  to  Mr.  £dnrini«,to»^'« 
whether  there  was  likely  to  be  aUi«:i3r 
money,  when  at  that  time  lie  kDewtnv^d 
that  all  Donncr's  inottey  was  goae,ai^. 
£d wards  had  none  in  bis  hands. 

The  Seventeenth  Article  is  lor  ord<rJciii 
permitting  Dormer's  uiooey  to  be  {lul  d 
without  regiird  to  proportion;  thisvotiu- 
nifest  injustice,  and  so  disctiursed  otbosM 
tiiis  lord  himself  and  Mr.  Kdwgrdi;  imui 
answer  that  is  ^iveo  to  it,  is,  that  sek^t 
produced  but  four  orders  made  by  ihcia- 
fteached  lord  for  such  iiaynients. 

Aly  lords,  I  think  it  not  noaterial  wlwto 
the  orders  were  made  by  himself,  or  iLeCwfli 
he  was  warned  several  times  of  tbe  oott* 
quence;  he  took  the  mauagemeot  of  tks 
matters  to  himself,  and  let  things  rea  s>, 
hoping  the  money  would  last  his  tiaM;iai 
now  all  is  gone,  and  paid  away,  and  mu)  cii- 
tressed  people  are  left  without  any  this^'.  h 
the  cause  of  JeCt  and  Junes,  the  ordcfs  ibtf 
were  read,  appeared  to  be  made  by  tJii  M 
himself ;  and  the  parties  have  been  so  Ijrkf 
as  to  have  got  their  whole  m«»ney,  s^t^ 
others  are  in  the  utmost  iiccebsity  wiiLoia  sjf 
suhfiistance. 

The  consequence  is,  that  the  rest  if  w 
suitors,  who  were  entitled  to  an  e«|ual  pn^- 
tinn,  have  no  remedy  for  it.  \V  liat  out  i* 
done  for  them  in  charity  and  compasstoo  i^  ^ 
another  consideration  ;  but  ibeir  legal  rigib  ■ 
taken  away  by  him  tliat  should  have  prsucsa 
them. 

An  objection  was  mailc  hy  the  connipi.ibK 
there  was  no  fixed  fund  of*  Dormer's  c5eas 
from  which  to  have  settled  a  rule  of  (•r^'^' 
tion.  This  is  excusing  one  fault  by  acotUr: 
fiist,  care  is  taken  not  to  have  an  auk-q^'^^ 
settled  ;  and  then  that  is  made  an  excuse  w 
not  settling  a  proportion. 

The  i^i;;:hteeitth  Article  relates  to  tbo  ou- 
ters tratfiekingwiih  tiie  money  ;  which  vtfu 
notorious,  as  that  there  uas  such  a  pl'tct  ^ 
K.\chanu:e-Alley. 

The  year  17120  has  been  meutioncd  Mh  -7 


which  was  paid  to  Lockman,  was  paid  out  of  !  the  Karl  and  his  counsel,  nud  it  was  sotaui  i 


vnicn  was  paiu  10  Liockuiau,   was  paio  oui  or  1  inc  r^ari  nnu  iiis  vuuiisei,  nuu  11  was  souw  • 
compassion  ;  Lockman  s<iys  he  took  it  as  his  {  \ear,  that  surely,  if  a  reformation  wereeu:  vs 

due,   and   I  think  he  was  in  the  light;    he     ^  '~   ''    "' *'   * '  "'   '  

gave  an  assignment  of  the  order,  when  it  was 


paid  ;  and  certainly  this  can  in  no  sort  be  added 
to  the  list  of  this  noble  lord's  charities,  that  he 
bas  l)fen  pleased  to  publish  ;  hut  the  discourse 
with  the  Masters  before  shews  plainly  what 
were  his  inducements  for  pacing  it ;  he  feared 
the  consequence  if  it  were  not  paid,  and  chose 
rather  to  do  it,  than  venture  those  enquiries 
that  the  not  paying  it  luiifht  occasion. 

1  think  the'  Earl  seems  to  agree,  in  sub- 
stance, to  the  declaration  at  the  end  of  the 
ikrtides,  that  was  made  the  6th  of  December 
last,  viz.  that  he  had  heani  of  Dormer's  de- 
ficiency, but  knew  nothing  of  it  hut  as  public 
news,  &c.  A  strange  declaration  to  coiae  from 
the  hi'uch  at  the  end  of  four  years,  during 
which  time  were  all  these  transactions  about 
-  Dormer's  deficieacy !  Thn  i;  ins  that  bt  wis 


be  made,  it  should  have  been  upon  tbal«K't> 
sion.  I  think  there  is  hut  little  di(fertDaNtt«tt^ 
ther  they  traded  with  the  money  themsflfei.  or 

.kilt   **  intii  oiirkllif«r't:   lionaJo   i*    la..«l.    i..*<».iM!t    ^(wi 


put  it  into  another's  hands  at  lii^li  interest,  ^ 
permitted  them  to  tiade  with  it.  l^uuMu^ 
one  imagine  that  Dormer  let  2 1,000/.  lieis  Hih 
son  s  hands  tor  nothing  ?  Air.  Coaiiii;biDi| 
upon  the  examination  of  my  lonl's  owocouofi<). 
gave  eviileuce,  that  Wilson  insisted  healluvc«l 
high  interest  for  it.  And  it  was  well  koowi  ■> 
was  in  the  power  of  all  the  Masters  10  uasc 
with  the  money,  and  this  after  express  waniia^ 
by  one  of  the  Masters  to  the  Cbancellvr  oa< 
only  bv  word  of  mouth « but  by  letter  wriitesi' 
I  take'it)  in  1729.  But  e%ery  thing  of  a  rrp*- 
lation  of  that  kind  was  hable'to  objeiHioo :  o** 
thing  tliat  was  proiMised  was  so  easy  to  be  ^0^^ 
that  there  is  no  excuse  it  was  not  compttri  *i^ 


wfaidi  is  in  refaUiflB  to  tbe 


t*' 


1373] 


fir  High  Crimes  and  Mlsdemeanort. 


A.  D.  1725. 


[1374 


them  ill  two  or  three  names,  Trhtch  wouirt  have 
prevented  the  Masters  from  dis[iosiDgot'tbe  se- 
curities. 

Tliis  mipfht  very  easily  have  been  done.  Tlie 
only  answer  that  was  given,  was,  tbat  it  would 
not  answer  all  the  securities. 

Tills  \ias  made  a  reason  for  doing  of  nothing, 
tnd  there  was  such  a  hackwardness  to  do  any 
thing  of  this  kind,  that  the  meanest  and  most 
trifling  excuse  was  sufficient  to  satisfy  his  lord- 
ship, uot  to  take  any  step  towards  it. 

Aly  lords,  upon  this  Article  the  impeached 
lord  was  pleased  to  mention  some  of  his  prede- 
cessors, and  also  his  successors :  as  to  his  two 
immediate  predecessors,  he  doubts  the  taking 
the  nocompts  by  him  in  the  manner  they  did, 
would  have  been  thought  of  no  use. 

My  lords,  I  am  apt  to  believe  a  good  use 
might  have  been  made  of  it ;  it  would  have  put 
a  check  and  restraint  upon  the  Masters,  they 
would  have  acted  with  more  caution,  when  they 
knew  the  balance  was  a  charge  upon  them,  and 
that  it  might  be  called  for  at  any  time ;  and  if 
bis  lordship  had  those  accompts,  1  dare  say  be 
wouhl  have  seen  that  there  was  ten  times  as 
much  cash  in  the  Masters'  disposal,  as  there  was 
in  one  of  those  predecessors'  tmie.  And  it  miglit 
bave  been  of  use  to  him  to  have  seen  what  pro- 
digious sums  of  money  were  in  their  hands,  and 
how  great  the  daugfr  was. 

As  to  the  present  commissioners,  the  noble 
lord  was  pleased  to  say,  the  difficuUies  of 
making  the  .Masters  accoinpt  have  appeared  by 
iheir  proceedings. 

My  lords,  they  have  been  siiflRciently  taken 
up  with  endeavouring  to  compel  the  i^Iusters  to 
give  security  for  the  deficiencies  incurred  in 
this  lord's  time.  The  difiHcuIty  was  not  so 
much  in  taking  an  accompt,ns  in  making  good 
the  deficiency. 

They  have  been  forced  to  take  what  security 
they  coold  get  from  the  Masters  from  time  to 
tim(',  and  I  wish  the  deficiency  do  not  still  come 
out  worse  than  is  expected ;  no  one  can  yet  suy 
what  it  will  be. 

My  lords,  the  19th  Article  was  founded  on 
the  endeavours  of  the  lord  inijieachod,  to  de- 
ceive his  majesty  in  council,  by  persuading 
the  .blasters  to  liiake  fiilse  representations  of 
their  circumstances  to  his  mojesty,  by  a  sub- 
scription to  their  accompts,  and  by  u^^sisting 
•ne  another  to  niHke  an  appearance  of  ability. 

This,  my  lords,  whs  the  sad  conclusion  of 
t!iis  long  scene  of  iniijuity ;  when  it  was  be- 
comf  necessary,  and  it  was  no  longer  to  be 
avoide<l,  that  there  should  l>e  accompts  delivered 
in.  There  is  an  attr-ndancc  on  the  Chancellor ; 
and  one  of  t!i«*  Masters  having'  concluded  his 
accompt  with  a  representation  of  his  ability  and 
readiness  to  pay  the  money,  the  rest  are  per- 
suaded to  do  it  in  the  like  manner,  without  so 
much  as  askitig  them  concerning  the  truth  of 
it ;  and  there  is  one  instance  that  wa^  very  re- 
markable, which  was  in  the  case  of  Mr.  Lovi- 
bond,  that  where  he,  of  his  own  accord,  cuul  I 
go  DO  fartlier  than  to  say  he  was  able  to  pay  or 
give  security  to  pay ;  that  was  not  thougbt 


sufRotent  by  this  lord,  because  it  would  imply  a 
diffidence  that  the  money  was  not  then  forth- 
coming ;  and  therefore  those  words  about  se- 
curity were  not  to  be  mentioned.  Others  of 
them  that  were  no  ways  capable  of  producing 
the  money,  were  induced  to  make  the  like  sub- 
scription. 

nlien  it  was  expected  the  money  should  be 
produced,  then  Mr.  Dixon  and  Mr.  Cottingham 
nave  a  meeting  with  the  Masters  to  consult 
VI  hat  was  to  be  done  ;  then  it  was  that  proposals 
were  made  for  the  Blasters  to  assist  each  other, 
and  to  get  goldsmiths'  notes  and  other  effects  to 
shew  to  the  judges. 

It  has  been  objected,  that  the  Managers  did 
not  think  fit  to  call  Mr.  Cottingham  and  Mr. 
Dixon. 

My  lords,  we  called  the  Masters  that  were 
present  at  tliat  meetiotr,  who  gave  your  lord- 
ships an  account  of  that  transaction,  and  it 
turns  the  objection  upon  the  impeached  lord, 
that  he  did  not  think  tit  to  call  Mr.  Cottingham 
and  Mr.  Dixon  (that  were  his  servants  aud 
agents)  to  contradict  that  evidence;  if  this  lord 
had  no  concern  in  that  matter,  he  would  cer- 
tainly have  called  them  to  that  purpose,  and  his 
not  examining  them  to  it,  greatly  confirms  our 
evidence. 

Your  lordships  may  remember  the  many 
inconsistencies,  evasions,  ef|uivocatiun8,  and 
insufficiencies  in  his  lordship's  Answer  to  the 
Articles  of  Impeachment,  which  have  been  ob« 
served  and  plainly  made  out  by  the  Managers 
for  the  Commons. 

My  lords,  he  was  pleased  to  make  a  distino 
tion  between  an  Answer  to  ArticUs  of  Impeach- 
ment, and  an  Answer  to  a  Bill  in  Chancery  ; 
that  the  plaintiff  in  a  cause  had  a  right  to  a  full 
aud  plain  discovery,  but  that  the  case  before 

Jroor  lordships  differs.  My  lords,  I  would  lieg 
cave  to  mention,  that  there  was  an  instance  of 
an  Impeachment  before  your  lordships,  ia 
which  the  lord  now  impeached  had  a  great 
share  in  the  Reply,  wherein  he  laid  very  great 
stress  upon  the  insufficiency  and  evasions  in  the 
Answer.  The  person  then  impeached  had 
very  hard  names  given  to  him  on  that  account, 
and  even  his  silence  was  insisted  on  as  a  con- 
fession of  his  crimes. 

As-  to  the  noble  lord's  charities,  1  beg  leave 
to  say,  that,  as  it  is  a  i^^reat  addition  to  the  me- 
rit of  charity,  to  have  it  kept  private,  it  was  the 
more  extraordinary  these  charities  should  be 
now  publishiMl ;  because  I  do  not  see  they  are 
any  ways  material  to  the  matters  before  your 
lordships.  Here  are  plain  f'ucts  charged  and 
proved,  and  if  in  a  ease  of  this  kind  these  cha- 
rities are  to  wipe  off  the  Charge,  it  is  a  kind  of 
commutation  that  has  not  l>een  before  heard 
of.  My  lords,  he  that  wunid  be  the  most  me- 
ritoriously chtiritable,  should  first  be  just.  The 
lord  should  have  first  considered  those  suitors 
that  he  had  injured  ;  hehhoidd  first  have  made 
satisfaction  to  them,  and  then  have  offered  his 
gifts. 

Tims  we  have  endeavoured  to  lay  berirt 
your  lordships  the  whole  circumstances  of  this 


1375] 


10  GEORGE  I. 


Trial  ofihe  EafiofMaedesfitU^ 


\m 


there  needs  do  eloquence  to  nffgrtTste 
the  crimes  ;  I  pretend  to  none  ;  but  Uie  cries 
of  widows  and  orphins  will  have  the  most  per- 
suasive eloquence,  and  when  tbej  haye  justice 
on  their  side,  they  will  have  weight  with  your 
lordbhins. 

BIy  lords,  the  case  before  your  lordships  is 
founded  on  corruption,  and  a  series  of  fraud  to 
support  tliat  corruption.  The  people  had 
long  murmured  at  it,  but  the  griefance  en- 
crmed  at  last  to  such  an  intolerable  degree^ 
Ihat  it  became  a  national  concern,  and  there 
was  an  unavoidable  necessity  of  a  parliamen- 
tary prosecution. 

My  lords,  the  Commons  hope  they  have 
done  their  duty  in  bringing  it  here,  and  we 
hope  your  lordships  will  give  such  judgment  as 
will  be  consistent  with  your  lordships'  honour 
and  justice. 

Serj.  Pengelly,  lAy  lords,  we  shall  beg  leave 
to  call  a  witness  or  two ;  the  first  to  the  impu- 
tation endeavoured  to  be  thrown  upon  Bir. 
Thomas  Ben  net's  character,  in  relation  to  the 
discourse  that  passed  between  him  and  the  Earl. 
We  shall  shew  that  he  declared  it  at  that  very 
time,  or  soon  after  the  lord  had  spoke  it  to  him. 
We  desire  also  to  examine  Mr.  Lucas,  who  ap- 
plied for  the  Master's  place.  It  was  insisted, 
that  the  Earl  was  offered  6,000/.  and  actually 
refused  to  take  it ;  but  took  5,000/.  from  Mr. 
Elde  and  Mr.  Thuraton  for  the  Master's  of- 
fice: we  shall  shew  how  that  happened. 

Mr.  Richard  Lucas  sworn. 

Serj.  Tengelly.  We  desire  that  you  would 
inform  my  lords,  whether  you  made  any  appli- 
cation to  the  earl  of  Macclesfield,  or  to  Mr. 
CottiD;2^ham,  about  coining  into  the  Masters' 
office  at  the  time  when  Mr.  Elde  or  Mr. 
Thurston  were  admitted,  and  what  passed  ? 

it.  Lucas,  My  lords,  upon  the  death  of  Mr. 
Fellowes,  being  persuaded  by  some  friends  to 
make  an  application  for  the  office  vacant  by 
his  death,  I  did  go  immediately  to  Mr.  Cot- 
tiogham ;  my  lord  Macclesfield  being  then  out 
of  town,  1  thought  it  proper  to  go  to  his  se- 
sretaiT. 

L.  C.  J.  King,  Please  to  speak  up. 

H.  Lucas,  I  say,  upon  the  death  of  Mr.  Fel« 
lowes,  I  was  persuaded  by  some  friends  to 
make  application  for  the  Master's  place :  and 
upon  that,  I  went  to  Mr.  Cottin^ham,  and  told 
him  the  affair  1  came  about.  He  told  me,  Mr. 
Lucas,  you  know  you  have  formerly  had  some 
talk  with  me  about  an  affair  of  this  nature ;  it 
is  to  no  purpose  for  me  to  recommend  you  to 
'my  lord,  unless  you  bid  more  than  fornierly 
you  have  done.  Upon  that  T  immediately 
told  him,  1  was  ready  to  give  6,000/.  There 
was  some  talk  passed  between  us  besides,  but 
it  being  so  long  ago,  and  not  expecting  to  be 
called  to  five  an  account  of  it,  I  cannot  now 
recollect  iL  One  thing  1  can  recollect  that  he 
intimated  to  me,  that  my  lord  Macclesfield  had 
iome  intentions  of  making  some  orders,  or  do- 
iiig  aonawbat  that  thouM  ba  for  the  caac  w 


advantage  of  the  Masters;  but  his  locWs 
wouM  not  do  it  that  time,  beeanse  it  vosA 
look  as  if  be  had  an  intention  of  makia;  id- 
vantage  of  that  vacancy.  A  day  or  two  iler- 
wards  I  met  Mr.  Cottingham  in  the  ball,  m< 
asked  him.  If  he  had  spoken  to  my  lordibHL 
me?  He  told  me  be  bad;  but  that  my  ki4 
was  pleased  to  eoquire  into  my  circumstaaco, 
and  did  think  it  proper  that  some  secoriiy 
shoukl  be  given  by  the  Masters;  and  1  bcsf 
immediately  to  be  pat  in  by  his  lordship,  it  lu 
the  more  incumbent  upon  bim  to  see  wbstK- 
curity  I  was  able  to  give.  Upon  that  1  wiittd 
upon  him  to  know  what  security  was  expect- 
ed :  he  mentioned  to  me  10,000/.  security.  I 
told  him,  that  after  such  time  as  I  bad  paiiei 
with  6,000/.  I  could  not  take  upon  me  to  fay,  I 
could  myself  make  up  a  security  to  the  valoe  of 
10,000/.  but  what  with  the  assistance  of  fricod^ 
and  mine  own  estate,  I  might  possibly  do  it 
Upon  talking  of  the  matter  with  my  mother, 
she  was  very  willing  to  join  in  the  secsiiiy. 
Upon  that  1  wrote  a  Tetter,  1  cannot  remenkr 
whether  it  was  directed  to  my  lord  Haedei- 
field,  or  to  his  secretary  ;  but  to  one  or  the 
other  it  was.  1  sent  it  by  my  servant,  and  1 
was  informed  by  Mr.  Cottingham,  that  Ui 
lordship  had  a  sight  of  it  But  afterwards  bf- 
ing  uneasy  at  giving  so  large  a  sum  of  mooey, 
and  considering  from  the  talk  that  then  wn, 
that  these  matters  might  come  into  pariiaaMat» 
I  was  advised,  and  I  thought  it  proper,  to  hivi 
some  better  hold  upon  his  lordship,  to  tasks 
some  return,  in  case  anv  thing  should  btppn 
to  lessen  the  value  of  toe  place :  upon  tbat,  I 
did  write  a  letter,  I  cannot  remember  the 
whole  contents ;  but  I  pretty  well  renietober 
the  substance,  which  was,  that  I  would  uodfl^ 
take  to  give  the  security  reoiiired  tn  theamoust 
of  10,000/.  J  believe,  I  did  also  mention  nj 
real  estate,  which  was  near  300/.  a  year,  to  be 
a  part  of  the  security,  and  I  did  add,  that  ooi- 
withstanding  the  present  disputes  between  the 
Master  of  the  Rolls  and  the  other  Masters,  tod 
the  talk  there  was  of  bringing  it  into  narii*- 
ment,  I  was  not  at  all  uneasy ;  because  I  cosld 
securely  depend  upon  his  lordship*s  generont^, 
that  he  would  take  it  into  his  consideration,  m 
case  any  thing  happened  amiss  in  the  nest 
session  of  parliament ;  I  can't  remember  ex- 
actly the  words,  but  my  lord  Macclesfield  hu 
the  letter ;  if  I  am  mistaken,  bis  lordship  sill 
set  me  right. 

Serj.  Pengelly,  Upon  this  letter  of  yoorei- 
pectation  ofbeing  repaired,  if  any  thing  hap- 
pened, had  you  any  answer  f 

R,  Lucas.  The  next  thing  I  heard,  was,duft 
Mr.  Elde  was  in  the  place,  and  Mr.  Cutting 
ham  was  pleased  to  say,  he  was  a  parlicolir 
acquaintance  of  my  lortrs,  and  therefore  bid  it. 

Serj.    Pengelly,    When    Mr.   Cottii^faaai 
told  you  this,  what  answer  did  he  return  ai  H 
my  lord's  approbation  of  the  proposal  ? 
,  R,  Lucas.  He  said,  to  the  best  of  my  re 
brance,  that  my  lord  was  pleased  that  1  < 
6,000/.  at  once,  provkled  I  would  gift  I 
if  that  should  bQ  thooghl  propeci 


in] 


Jbr  High  Crimet  and  Misdtnuanon, 


A.  D.  1725. 


[IS78 


Ser),  PengtU^.  Sioce  you  were  disappoioted 
llieD  Mr.  Elde  came  in,  wiiat  paiveu  wbeo 
Ir.  Thurvtoii  catnc  io  ^  VVbelber  dttl  j^ou  re- 

BMT  your  O(ar»lic»lioii  tbeu  ? 
*i.  Lucas.  I  ivaSjWitb&bunilAacfofreGfrclRnd 
•,  preiatk'd  upon  to  renew  my  npulicalion. 
k-i;    "  'v,  VVbat  were  voor  kars? 

i  rtfHrvraittboutih«;hri(UL;iri^thit 

<»  j:4rijaoi€ii(,  Aiul  lliAt  t  did  Dot  know 
eltVct  thai  mi^ht  bare  npon  tbe  profiU 
pliice.  \J\¥Mk  til  at,  my  brother  tolil  tiie, 
;  WAS  tcquaitiled  with  Mr.  Lltiy,  bit  lord- 
ij/ft  cbaphiii,  itid,  i{  I  pleated,  be  would  ^o 
bim,  and  ijr^i  [licn  to  Jipeak  to  my  lord  obotit  it 
Scrj*  Pengfiiif,  Wbat  direcU/iu*  did  you 
;iv«  to  your  brother  as  to  ofl'erin|f  auy  thing » 
fid  upon  what  lerms  ? 
IL  Lucat,  J  cAunot  nay  whether  my  brother 

Ktd  &  direct  comminioQ  tiom  me  to  mentioci 
it  I  WIS  tbesi  reafjy  to  f^ve  G,000/.  but  it  wns 
ly  at*|i^'^(^^^f  ^"^  ^^'*  apprebeunion  of  nil 
Kwe  ibHt  knew  this  atlair,  that  I  ihould  not 
wne  in  undLT  vo  much  ;  1  am  not  very  iiom* 
ivc  tbiit  such  a  dirocfion  warn  giren,  I  did 
ttrntioii  another  thing  to  my  brother,  to  oc^ 
itnnit  Mr.  £iUi«  ibut  1  had  heard  more  of  the 
eliaeciciitt  in  the  set  era  I  otGt'i:«  of  ihe  Mas* 
ind  that  I  wnu  not  without  npprebeniion^ 
ia4  if  I  libauld  give  byOOOl,  to  come  into  tJiitt 
i  luiirhi  I'l  uto  time  to  lime  be  called  upon 
ertii  money  iu  onler  to  make 

[p«st  n  .;  and  I  thought  that  it 

»tild  he  utiri  r  mo  to  b«  broug^ht 

to   any  conii  mAkinic^  good  tho«e 

tlciencien,  wh4:u  I  iud  no  concern  in  tbem. 
then  deibirrd  it  mig^ht  be  mentioued.    As  for 
be  answerf  I  ne¥er«aw  Mr^  litlia. 

8crj,  Pengeily,  What  oilers  did  you  gi?e  to 
fi>ur  brother  T  Did  you  give  him  any  order  to 
ly  ibc  tuoni^y  without  consideration  of  bcin^ 
lUe  to  the  dcHciencieb  ^ 
K.  Lucut.  1  gave  him  no  order  at  all,  I 
onght  It  \\a»  not  come  to  bear  yel. 
Scrj.  i'tngLlly.  U'as  thei'eany  thing  passed 
ifter  ihai  •' 

I  R.  Lmai^     I  oonoelve,  my  tovdSf  you  won^t 

It  proper  for  lue  t<»  ltivc  an  account  of 

Msaed  betw«!eii  >o«1  my  brother* 

5*  t*cngcity»     1  kiioW|   whether 

bitither  hud  any  ord«^r»  and  dircctiODS 

tin  you  to  go  on  f 

~ ,  Lucas,  1  bate  told  you  every  tbinj:  I  ran 
Ik-ct ;    i  only  told  hun,  I  deain'd  him  to 
to  Mr,  Efh»  to   rrr 
lip,  U|>ou  the  fitot  1  i> 


me  to  bin 
oned,  vift. 


er  any  air- 
>^  iiliout  Wing 

im  in  I  IP  <^iven, 


defi 

'oodto 
llu  any  of  llieiu. 

I& ir / 'y.   \\ ak  it  to  be  giY<;n  absolut9- 
witii  regard  to  be  attired 
fd,  .? 

i  did  desu*!  IbftI  lb«  buiinMi  of 


I  the  deficiency  might  Ite  explnin^»  find  that  it 
loigbt  be  undentood  that  1  would  Qot  be  all* 
swerabte  for  any  of  ibeio. 

Mr.  Edward  Lucoi  iworo. 

Herj.  l*tngeUy,  I  desire  you  would  iitforni 
mv  '  "  Hher  you  received  unvi  aod  what 

diiM  «u  vour  brother,  npQii  ttie  last  »*• 

caiKv,  "ilea  At*  Thurilon  came  in,  of  ih« 
makrng  proposals  for  your  brother's  coming 
into  Uiatoilice? 

E>  Luca$,  Boon  aAer  Mr,  Borrf  ft  death,  mj 
brotlii  r  i-inrPKctfl  nn  ir^  lination  to  me  of  sue* 
ctt  I  tohl  him,  I  had  an 

acti  I^Uis,  my  lord  Macclet- 

field's  <'bapiam  ;  and  if  be  would  gire  me  any 
coutmi^on,  I  ^ould  communicate  it  to  Mr, 
Etiis,  J  Mieiing  that  a  pi^per  way  of  com* 
niuuicating  it  to  my  lord*  My  brother  did  de- 
tire  me  logo  to  Mr.  EIHs,  and  to  ioforu.  him 
uiytelf,  that  he  had  so  just  a  sense  of  my  Vird*t 
honour  and  generosity,  that  he  believed  Um 
might  leare  vbe  terms  to  he  fixed  by  m^  lord 
himself*  1  went  to  Mr.  Ellis,  and  did  tell  him 
at  uiy  brother  had  detiied  ttte.  Mr.  Ellis  ^aid, 
Ue  dul  not  much  careto  concern  him^tf  iu  the 
affair ;  if  it  bad  hctn  to  recommend  toaUving, 
it  might  be  proper  for  him  ;  hut  this  was  out 
of  bis  province.  1  acquainted  him  with  wb&t 
tleps  my  brother  had  lurmcrly  ta^keo,  in  order 
to  obtain  one  of  the«e  otlices,  and  explained  to 
him  the  nature  of  the  thing,  and  |>ersunded 
him  to  lay  this  matter  before  bis  lordship. 
Upofi  Mbicb  be  was  then  pleased  to  say,  He 
wonfd  go  to  my  lord  (who  was  at  Kensington) 
the  upxt  day,  and  bring  me  an  answer. 

^  "  .  7(y.  Had  he  any  dtrectiona  cither 
as  !  A\  or  the  terms? 

A,  x*wt.  ;,  t  don't  know  of  any  directions  b« 
bad,  either  as  to  tbe  price,  or  the  terms. 

8erj.  Fcngclli/,  W  hat  did  you  say  about  th« 
securitv,  and  the  deticicticiest  iu  the  aeveral  of- 

ficr«  ?  " 

E,  Lucas.  This  was  another  conTersation, 
about  a  n eek  or  ten  days  after ;  after  Mr.  Kilts 
had  brought  inc  an  answer,  then  1  remember 
uiy  brother  gave  me  directions  to  consult  with 
Mr.  Ellis,  whether  it  was  not  proper  to  maka 
tuy  lord  a  direct  otrer  of  6,000/.  but  then  jl 
would  be  reiMtouable,  that  he  should  be  mdem- 
nifted  or  secured  from  any  damage,  or  de^* 
cieney  by  any  of  the  precedent  Musters  j  and 
that  ho  thoufd  not  be  calied  uoon  tom;tkegood 
$,ny  such  deficiency.  I  told  Mr.  Ellis  ibis, 
and  he  said,  there  was  no  r<Kkm  for  this,  tliere 
might  be  dtficieueies  in  some  oth  '     of- 

fices, but  he  had  heard  there  was  i  <*y 

in  Mr.  Borret's  office.  1  had  likt.  ,>v  ..u»rtl 
BO,  but  whether  ihere  was  a  deficiency  or  not, 
I  could  not  tdl ;  my  brother  \vas  willing  tf» 
enter  into  a  treaty  with  my  lord  upon  these 
terms. 

Hetj,  Pengdly,  Did  you  hear  any  thing  mort 
about  it? 

K,  Lucai.  About  a  week  af^er,  Mr.  EIHa  ^vrit 
to  me*  tliat  my  lord  ^laccl^UeKl  bad  approved 
ofMr/rhurHou. 


\0U  XVK 


4T 


1379] 


10  GEORGE  L 


Trial  of  the  Eari  of  MacdegfieU^ 


Serj.  Pengelly,  Please  to  recollect,  whether 
your  direction  was  about  Borret't  deficiencj 
only,  or  about  all  the  defidencief  in  general  ? 

E.  Lucas.  My  directions  from  my  brother 
were  about  all  the  deficieneies ;  Domier's  defi- 
•iency  ran  in  his  head,  and  he  thought  it  un- 
reasonable, that  he  should  be  obliged  to  contri- 
bute to  any  deficiency  precedent  to  his  coming 
in  Master. 

8erj.  Pengelly.  Did  yon  commonicate  this 
to  Mr.  Ellis? 

E.  Lueai.  I  did  communicate  it  to  Mr.  El- 
lis ;  if. not  in  such  express  terms,  yet  to  that 
cflfcct,  that  it  was  unreas9nuble  that  my  brother 
should  be  obliged  to  contribute  to  make  up 
those  deficiencies  that  were  precedent  to  his 
bein^  Master ;  I  am  sure  1  added  those  words, 
that  he  should  not  be  obliged  to  contribute  to 
make  up  those  deficiencies  that  were  precedent 
to  his  being  Master. 

E.  of  Alacc.  My  lords,  I  submit,  whether  it 
be  not  proper,  that  Mr.  Ellis  be  called  before 
this  Mr.  Lucas  goes  away.  [Mr.  Ellis  called, 
but  not  examined  again  immediately.] 

£i  of  Mace.  Mr.  Lucas,  1  desire  that  you 
would  declare  to  my  lords  oyer  again,  what  you 
ha?e  given  in  evidence. 
.  E,  Lucas.  The  first  time  I  saw  Mr.  Ellis 
was  at  my  mother's  house,  immediately  afler 
llr.  Borret's  death.  I  then  told  him  of  my 
brother's  intention  to  purchase  a  Master's  place, 
and  that  my  brother  had  so  thorough  a  sense  of 
my  lord's  honour  and  generosity,  that  he  would 
leave  the  terms  to  my  lord  himself.  Mr.  Ellis 
was  not  at  first  inclinable  to  concern  himself  in 
it,  but  upon  telling  him  what  steps  my  brother 
bad  taken  in  regard  to  it ;  he  said,  out  uf  friend- 
ship to  me,  he  would  engage  in  it,  and  go  to 
my  lord,  and  bring  me  an  answer.  This  was 
the  first  conversation.  Mr.  Ellis  did  the  next 
dav  brinfif  me  an  answer  from  my  lord. 

»er).  Fengelfy.  What  was  the  answer  my 
lord  sent  ? 

£.  Lucas.  The  answer  that  Mr.  Ellis 
brought  was,  that  my  lord  had  no  obj(^ction  to 
my  brother;  he  did  remember,  that  he  had 
been  formerly  recommendeil  to  him,  but  that 
there  was  some  other  person  proposed  by  some 
of  tbeMastcrs,  of  whom  he  expected  a  farther  re- 
commendaiiou,and  could  not  now  give  any  other 
answer  to  it :  he  also  tuld  mc,  that  he  appre- 
hended, if  that  person  did  not  succeed,  my  bro- 
ther might  have  the  refusal.  I  said,  it  was  in- 
diflerent  whether  my  brother  then  succeeded 
or  not ;  because  my  lord  told  him,  that  one  or 
two  Masters  were  inclinable  to  sell,  and  if  they 
did,  ho  might  have  an  opportunity  of  buying  of 
those  Masters.  This  passed  on  the  second  con- 
versation. 

Serj.  I'engelli/.  Go  on. 

E.  Lucas.  I'he  third  conversation  was  some 
time  afterwards  at  my  lord  Macclesfield's  own 
bouse  in  Lincoln's-inn-fields.  I  went  by  my 
brother's  directions,  meaning  to  consult  with 
Mr.  Ellis  in  a  friendly  manner,  whether  ha  did 
think  it  advisable  to  make  bia  lordship  a  direct 
«lfer  of  6,000/.    1  gaid,  if  begafe  it»  it  was 


reasonable  that  be  sboold  bo  in 
any  damage  that  should  bappen  by  rea 
the  defideocy  in  any  of  the  officea,  and  m  W 
obliged  to  contribute  towards  making  tbcnf ; 
be  said  my  lord  had  not  spc^en  to  bim  m 
that,  tbat  be  ooold  not  have  eyery  oppwfiiy 
he  desired  to  speak  witb  bim  ;  tbat  astDia 
deficiencies,  he  had  heard  there  weie  none.  1 
said,  I  bad  likewiae  beard  ao ;  bnt  whelte 
there  were  or  no,  my  brother  waa  willioff  t» 
enter  into  a  treaty  with  my  lord  apon  tim 
terms.  This,  to  the  beat  of  my  rtuitmbnawi 
is  the  whole  I  know  of  the  matter. 

Serj.  Frchyn.  1  would  only  bqg  leave  to  afc 
this  question,  when  the  first  proposal  wu 
made  to  Mr.  Ellis,  whether  be  did  propise  t 
certain  sum  ? 

E.  Lucas.  I  don't  remember  I  did ;  bat  I 
think  I  told  Mr.  Ellis  my  brotber  bad  fymah 
ofiered  6,000/.  and  I  told  Mr.  Elba  tbii,  sal 
did  lay  before  bim  all  the  circomstances  of  dal 
affair,  to  make  him  tbe  more  inclinable  to  co- 
gage  in  it. 

Com.  Serf.  1  desire  be  may  be  naked,  wbe- 
therany  terms  were  mentioned  besidciwkil 
Mr.  Lucas  has  mentioned  before  ? 

E.  Lucas.  I  don't  remember  tbere  wereaiy 
other  directions  then  given,  I  cao*t  be  positite, 
but  that  he  was  willing  to  leaye  it  to  my  lord's 
honour  and  generosity.  And,  my  lords,  I  cm 
swear  positively,  that  till  tbe  first  day  of  tbc« 
proceedings,  wben  I  met  If  r.  EUia  in  tbeOnrt 
of  ilcquests,  I  never  knew  that  be  bad  ofiM 
my  lord  Macclesfield  6,000/. 

£.  of  Mace.  My  fords,  we  beg  leave  tbit 
Mr.  Ellis  may  give  an  account  of  wbat  propoid 
he  made  to  me  from  Mr.  Lucas. 

jEJ//if.  My  lordM,  the  account  Mr.  Lucas  kaf 
given  your  lordshi))s,  is  true  in  all  the  partiea- 
lars,  as  far  as  I  can  remember  at  this  dislaaei 
of  time,  though  there  are  a  good  many  thit  I 
could  not  have  recollected  of  myself,  only  ai  It 
tliis  one,  his  not  empowering  me  to  offer  tkb 
6,000/.  1  should  not  have  ^ue  to  my  lord,  v* 
less  I  had  had  some  particular  oflfer  to  oca- 
lion.  I  particularly  remember  1  made  bin 
that  offer,  and  1  am  as  certain,  that  Mr.  Loe« 
did  speak  to  me  to  make  tlie  oflfer  of  6,000/, 
for  this  reason,  that  I  never  knew  tbat  Mr.  Lo- 
cas  had  offered  6,000/.  before  by  Mr.  Cottiai;* 
ham,  till  this  impeachment  began,  when  Bfa*. 
Lucas,  being  here,  acanainted  me,  that  be  M 
made  that  offer  to  my  lord. 

E.  Lucas.  I  desire  Mr.  ElUa  may  be  adwi 
whether  ever  he  tokl  me,  that  be  ofleced  bid 
Macclesfield  6,000/.  ? 

Ellis,  I  believe  I  only  did  teU  bim  io  ^ 
neral,  that  I  had  made  his  lordsbip  the  OM 
which  he  had  desired  me  to  make,  and  io  so* 
neral,  likewise,  that  my  lord  wia  well  satined 
with  it. 

Com.  Serf.  I  desire  he  may  ii^mn  yoor 
lordships,  whether,  when  he  told  Mr.  Lnc0y 
that  he  bad  made  tbat  oflRer  wbicb  be  bad  de- 
sired him,  be  did  enquire  what  tbal  offer  msf 

Ellis.  No,  my  lords,  be  did  noL 


ISSl] 


Jk^  High  Crhnes  cmi  M^trMokorv 


A.  D.  172^- 


k 


Mr.  EHit  til  c^nfrmit  Mr.  Liicm(  tiol  they 
iijinree  lOKelbflr  b  nil  Uin  nifiteri&l  ctrenmstattr^t. 
Mr.  Eliii  says^  what  Mr.  LtM^a^  swears  is  tru« 
in  every  |i*VticMUr,  wnleM  id  r«lftiiou  to  the 
olfer  of'  ri.OOOi.  In  all  tlie  rest  Mr.  Ellis  con- 
firms Mr.  Lti' 

E,  Lucfu,  i  r  iweatr  that  I  HhI 

MA  give  litfu  inai  comniin?i]r»(i,  ^ut  to  the  best 
of  tny  remembrinoef  I  did  not  ^rc  bim  that 
commuiiiin. 

B.  of  Mace*  1  desire  Mr.  EFUi  may  he 
ai«ke<J,  when  be  m»'i^  ■^i'^  r.mpoBal  to  oir,  wbe< 
ther  be  niHitiotie^l  >  <  )ii  ^M4uit»oever  f 

EIU%.  No,  my  i^  ,  i  1  nol  meoti^a  a«y 
condition. 

£.  Lmas,  Till  after  the  firat  euovenadioii 
>»iih  Mr.  EUi«,  1  bad  no  direclioii  frtini  my 
brother  ti>  nicntion  an}'  (irice  or  oondttion ;  I 
ipive  tft  aisoount  to  your  lordships  of  tvro  dif- 
itn^t  eoorenuilifina. 

£.  of  Mace.  When  ibe  anawft  uraa  bfou^bt, 
thai  I  wv^  i4atit»lied  mxU  the  propoial^  wtiat  did 
ll#  do  farther  u]Kin  it  ? 

'  £.  i^cai.  My  lordi,  Mr«  TUis  did  not  teU 
me,  that  my  lord  MacclesHeld  was  satisfies) 
with  the  propoi^ul,  htit  tbut  my  lord  Maccles- 
field hail  no  uhjectiou  to  my  brother,  and  he  had 
formerly  recc'ired  m,  recoraniendaiioD  of  him  ; 
h%\%  at  present  another  pofwm  was  recommended 
by  aoroe  nf  the  MttJitera,  whom  be  expected  to 
be  farther  recommended, 

Mr.  F£m»mer,  My  lords,  I,  dpsire  Mr.  Ellis 
may  be  a««k«d»  hovt  lou^,  before  Mr*  Hiurston 
waaadmittedi  waathe  convensotinn  about  girin^r 
■ecarity,  that  Mr.  Lacaa  mijrht  be  iademoified 
from  the  deficirriciea  ? 

EUti,  My  JurdSf  in  one  of  the  last  conversa- 
lidMy  wbicli  was  afWr  I  had  ap^iken  to  my  lord 
Maceleafield,  Mr.  Lucas  might  say  ftomething 
about  httvi":^-  -  triiy.  But  I  doo't  recollect 
it  with  m  i[y ;  if  he  did,  it  was  sotne 

4ayabefou  ;«h,  l  iiuratoo  watadmiiied. 

oerj.  Pn>^yn.  1  desire  be  may  iutt^rm  your 
lofdahipa,  whether  be  ever  told  my  lord  Mac> 
cfcsiHeld  any  thini^  of  ibia  diacoorao  about 
Mcurity? — 'ElUt*  No. 

8ir  Oeo,  Ortnden.  He  8iiy«  he  never  told  ray 
lord  Macctes^eld  of  that  eon  venation;  I  dcaire 
to  know  if  he  told  my  lord  Parker? 

Eilii.    No.  my  lorils^  I  told  nobody  at  nil, 

Mr.  Strange,  hly  lordg^  I  he^jf  leave  to  make 
ene  ob«enrHlion;  a  learned  maoaf^er  was 
pletted  to  obMrre  upon  the  Appcaran<!e  of 
ib«ie  two  witheatct  tDg«*liei\  that  now  the  evi- 
iienee  of  Mr.  Lucfta  is  oou firmed  by  Mr.  Ellis : 
Your  lordshtpti  are  pleased  to  remrmbcr,  that 
Mr.  liUi»»  wa«  our  witnesH,  and  tvn-  'i- •  v^. 
tniijed  ;  and  therefore  1  alionid  »;  Ue 

olitervation  may  be  turned  much  ]  ui^ 

«tber  way:    Ihat  the  evidence     i  s^ 

VfhoWB*  our  witneaiff  and  was  firM  d, 

COD  Armed  by  Mr.  Lucaa. 
of  Jtfef«.  My  Inrda,  I  deah'e  be  may  in- 
yoar  lordahipa  witb  relation  to  the  dis- 
that  paaaed  betwmt  tbetn  about  the  de- 
iciwi  whethv  Ihtol»|celi0a  did  not  relate 
toOlcoilf 


I      «fbowi 
«fltaci 


EiUs>^  I  doi^^t  weU  remember  what  paosetl 
upim  the  fiuhjecl  of  the  dt-ticienctes ;  what  *" 
have  Rttid  to  your  lord^hipst  before,  1  rememhi 
fuU   W€\],  because  a  particular  circumi 
n\&6ti  tue  ri?coHect,  that  Mr.  Lucas  did 
liad   lieanl   there  was   no  deficiency  lO 
Dorra's  office;  which   I  had  beanfloo. 
at  what  time  that  discourse  was,  I  can't  reco(* 
lect ;  it  miifbt  be  as  he  represented  it. 

£.  vtMticc,  Mr.  Lucas  said  to  you,  that  ho 
wa«  14  i  I  ting  to  treat  upon  those  terms  T 

E.  Liuiit.  Upon  those  terms,  or  to  ttial  ef- 
fect« I  did  jay. 

Mr.  riummcr,  I  would  only  make  this  ob- 
serTatkm ;  l>otb  these  evidences  coniirm  tUi%| 
that  Mr.  Lucas  was  au  inquisitive  man,  and^ 
would  not  part  with  bis  6,000/.  60  easily  aa  to 
ask  no  quei»lions. 

8crj.  Pengtffy.  We  begr  leave  now  to  call 
wituess  as  to  the  second  letter  or  order,  sti 
posed  to  be  JMfut  in  November,  17  21,  to  all  ih 
Masters.  Mr.  Cottinghsm  could  not  take  npoi 
himself  to  say,  that  it  wan*  delivered;  he  h^ 
kept  a  memorandum  of  the  tiri»t,  but  non«  ol 
that,  and  he  believed  he  might  say  it  vras  de- 
livpreil ;  we  deny  any  such  letter  wnsdeUvcredi 
and  be^  leave  to  ask  a^  to  that  particuhur  poI 

Mr.  John  Bennet  called. 

Serj.  Ptngelltf.  I  desire  he  may  be 
whether  in  November,  1721,  any  secof^d  tett< 
or  order,  of  the  purport  of  the  tirst  order,  was 
sent  or  delivereo,  in  relation  to  the  Alasteri 
bringing'  in  their  accompU  ? 

X  B<nnet,  My  lords,  1  never  saw  any  iucb 
letter.  I 

8ery.  PcngtUy.  Did  yon  ever  hear  of  it?       I 

J,  BennitL  I  never  heard  of  il  before,  titi  I 
beard  Mr.  Cottingham  read  it  at  the  bar. 

Serj,  Pcngeilj/,  Did  you  receive  any  account 
from  the  other  Masters,  that  they  had  received 
any  such  letter  P 

J.  Btnnei,   No,  my  lords,  never. 

8eij.  Pengelty.  Do  you  recollect  any  dis 
course  between  my  lord  MaccU^iicId  niid  yout 
brother,  rt* I iting  to  your  brother's  account^ 

J,  Bennfl.  I  donU  recollect  ihe  whole. 

Htru  PcngtUtf*  What  do  you  recollect? 

J,  Bunnct'  My  lord  hath  ifeclared  to  me,  tbal  ] 
be  wondered  IVtr.  K^naaton  and  uiy  brother  j 
should  put  such  an  item  in  their  nccompts^ 
which  wouhi  make  a  ilit«covery,  Ihat  th«l 
Maateni  had  bought  their  places  with  the  money  I 
of  the  Court,  Hhich  might  be  of  miHchievout  I 
conseqncnre  ;  that  whenever  it  was  objected  to  j 
him,  hu  hud  alwaystitki^n  ^re»t  pains  to  deny  it.. j 

8erj.  i^'eri^c//y.  When  was  this?  About  what 
time  f 

X  Btnnrt,  About  Christmas  laat. 

Serj^  Prohtfti.  We  bog  lf«v«  to  take  notkuj  ©f 
ttie  nature  of  this  evidence,  that  it  is  very  int*  1 
proper  now,  iHiiig  new  evidence ;  not  Ut  Ihel 
imme  pnrp«we  lo  sunjiort  what  waa  git  en  befiM^ 
but  new  matter,  and  iheralbrwiicK  pft^par. 

Mr,  LHlnjjeht*  We  apprelieiid  it  is  Ttvy  ' 
proper,  beoauwr*  Mr.    •  F  *-t.tinet  w«i  ob* 

jertod  to,  uid  thia  con ;  .  i  ideoott^ 


4 


■0  m        fA.f-  J-  • 


'     ■   .  *  r -^  A^.'j        r^T.-r    t#e5«^    ^  : 

I-       '/    *     bfl*^.  •- 

'I.*'/*     *"  '<■'«    .Tv«0<r.-  «-,.•#     r.    i  III        V«'«."     >  l^-- 

4.»»»'      f       »       ./*      iariir4  «■       J-»fc.i      t.#««^      tKXVT        V 

^IfjTA      •-«•    «^    **     •.s4  ',riw^  Iff      ^■./♦.".■Vi*..    iflfl 

f»\\ ,    w  «,  .^  «.•■    .'.    'irt  ,i.l»i'i<«.  \*'!rt>       /.  iin^:i» 

4^  V<<*-*     .'    .'    ■.-•••t  I    •*.♦'.  *.    ..  i  V«.' 


fc*.        /•// 


'I  f.> 


•V.'.  I*»t,i/»'f>j  I  >.'.;,»  »  -t  ",.i  •^r'^i-i-.rt  M- 
#  '/*t.t./i**h  *  *«".■  '.I   u.n{**ry^  Wft'^ri    J,^  ti,   .' 

fv*/!  I'int/*li,f  I  #J<«iri-  t// »«k  yori,  v»ii<li«<:r 
y«.  f  ^'i'f^  ivfiy  liiii.;^  'J  ih»4  |i  Hit  of  Nov<:mi/f:r 
J/'/*  • 

l.tithil.timt  I  i.«  vf  r  li«a.il  'if  it.  till  I  It^-anl  il 
Ht  your  l«/ril4lii|«4'  hur  Ir'iin  Mr.  (i'lUin^hiAfn. 

Mr.  l'\.l,.n,.Ui.AUi\. 

Mm  I    l*»,tittll,f      I  ilirric  lif  rri4y  Ih?  iii«k«^fl, 

«»ti<  iiii  »  lift  •trill  lii'liril  III  tJii-i  IflllT  of  Notrnill* 

If  1 1  \rt\  ' 

I  ,tunttl§      I  firvrr  Ill-Ill ij  riCiiiirli  n  li:tw;r,  till 

I  Im  Mill  It  in<  iili'iMi  il  III  till*  lull 

Mi-i|  f'fii/fW/i/  Sii  I  hill,  my  lur'l'i,  wi*  n|i- 
|ifi  III  iii|  lliit  Irlii  1 ,  11  lii'ii  wiiili'ii  liy  Ml*.  (.'()(• 
|iii[iliinii,  M  in  II  |iiii  l.i'l  litli'i'  III  Im<  ninili*  iim; 
III  nil  iiliV  |iiii|ii  I  iifiiiMiiiii  TliP  MiillliKi'I'N 
liNti>  ilniin  mill  iliMi  i-viilnii'r  iiml  llir  wit- 
linaiiii*  I  ilii  V  nlmll  mil  III!  iiiiirr.  \\  i<  liiiiiilily 
nti|Mrlii*iii|.  Hull  uri'  liiivr  i  IimiiihI  ii|i  tlir  rnisfiii, 
hIiv  till'  liird  liHik  .%.(MNi/.  iHllin'  llinii  O.OtM)/. 

II  %%t%H  liiiiii  liii|irH  ol  tfrrulrr  khiii  in  liHViii(( 
^,lltMl/.  iiImoIiiIi^Iv,   wIIIkhiI  lii«iii|;  liulilu  In  nj- 

liiiiil,  llwii  0,iN)u/.  ImUa  iv  luch  •  uvuUuyvuc^. 


2iT<^  jm    c'le 


!»•  b..   ir«  srviv     r'>M-j^*^     jt-     j 
inm  itzo.   lua  ie  s^^* 
i    •    ^PitA   If   '^.     .  ..TJi    . 
tiM     Umett   ittm  i  btvusu    < 
ui«wi  UtA.  wtntm      Mr.    2Il«fl 


1     !    If 


IWMM  n  ftms- 1  : 

viat   Mrarfs  w  w  wm  n 

•JUtr^**  ir'  lis  iific*:  mm. 

^r\^uvl^n  -V'likuiL  107  snu  n*  ^es-  ^aa^ 

tilt  iiv.  £]A<r     Mt  je  jnriirrTsai  uxjcrxr  ^i« 

l#t    fill    il-bUV    »    K   VCSl    Minairir^.    fir    ..v*Jk 

7'u.L  fiti::i  mi:  «m«  urr  3MS^tisr»  u  imsm 
.vu"  ,  M£  «k  IM  eart'ioa  \aiuiiA  at  ^ 
wvtt  vt  3MM» ;  sort  SUA  Bupw-ft  UiLs  a»  iac 

'Jl'iJi:  lAT  llV  iOlA  <Mt  M'   an.   JlUII»lA.«^^Lfe    iHR 

v'  *•%.;!   » 11*1  -:  ."^>V^  wi»  jmiaioKsi  If  a^s^m. 

y«^^t  "i^M*  it  la  (traaac^  w^Msa  m  ana  & 
r «t v.?  ("^  '.1*%  £«.*!    Ai '«»  ue  ccMr  aaxuv.  k 

%r,  'yi.  v/(i^-Tt  '■.-i-  *•*  lUSOfiie  WdS  giVc:i  Jy  "4r 
C^,<.'. '.:(..»'&.  7::  J  H  1  rx=iSAf;Uuii  scg:*:  iot. 
vjft\  U0t  %si\\  uux,  w*  «T.t  tliig  letter  37  » 
r/^#->i  kir-l  •'-rf'^^r.  :.-.i:  s^  csDD'it  now  «•  :• 
•-••'i/'-h  of  ;r*i6  Mtnars  za  ddirered  it,  :r  wie- 
ir#«^  It  »i*  p*«r»-Ml-T  d«uferc«*  by  hia?.  :r  i*' 
',  r*«r  01 ;. .  *  1; i*ri* .     V  oar  loni^b  i  p« '»  ui   <»•-" 

.  tr«4t  tr,-rr«  ««r<^t«o  Mutcrft  fenior  to  >]r.  ci  > 
forr),  «iz.  Mr.  Hicoocks  aod  Mr.  Ft-iiowes;  !:•: 
It  ffii^rit  prol/^ly  be  deliTereii  to  ooe  or  iiut:: 

'  ori<:  o)  them  if  ftince  dead,  tbe  oiher  if  \et  kv- 
in/  ;  \,n\  %ie  were  not  aware  of  the  otjecuoa. 

j  and  hi}  have  not  bim  here.     Tbts  doth  not  m- 

I  \i'zc\i  Mr.  Couinebam'screditorbiserideiire, 
'V  1-      .     "^ ^" .c-  «.' 1 


iio  far  as  it  roDoems  the  Earl. 

Com.  Strj.  My  lords,  1  urili  not  enter  into  1 
utrict  compazine* of  the  evidence;  we  a|ifre* 
lii-iid  that  what  Mr.  £UiH  swore  stands  coodnn- 
I'd  in  every  iUing  by  Mr.  Lur^s,  and  we  btve 
ffiiKon  tu  tliauk  the  gentlemen  of  the  House  of 
CJoiiimouH  for  this  evidence.  There  was  ooe 
inat*:rial  part  of  oar  evidence^  that  the  Earl  bjd 
u  thortmifh  intention  of  entering  into  the  rrfpi- 
lutiou  of  thoae  matters ;  but  by  disputea  ahsmff 
ill  rf:laiion  to  the  juriKdiction  of  the  Master  ol' 
the  UoIIh,  he  wax  hindered. 

Now  the  evidence  of  Mr.  Lucas  corroboralei 
(»iir  nrtMif  on  this  head ;  he  smith,  tliat  Mr.  Col- 
tintfliatn  told  biro,  thouf^h  security  had  ooi 
been  taken,  ^et  at  present  the  noble  lord  bad  s 
rcfurmfttum  ib  YkW|  tod  Mcurity  woidd  bt «- 


1385] 


Jhf  High  Crimes  and  Misdemeanours*  A.  D,  17^5*  [I5S6 


I     pgded 
^■pe  con  I 


n1  ;  and  Iberefore  he  enquired  wbAt<ecu»'ity 
be  cowld  ^ve;  there  wm  not  only  ar*  enquiry 
'nto  hiH  (irr^enl  nrctitneilanci^s,  but  likewiR^  an 
intiuiatioii  ttial  sACUrily  M^outil  be  expecteil. 
This  shewf  the  EarPs  intention  ;  and  if  the 
^^hirst  of  f^ain  bud  swAyed  him,  lUr.  Lncas 
^M'uuld  ncvLT  bare  bad  those  bugbears  to  iif- 
^Hft'ight  him  from  givinc:  to  much  muiiey .  Upon 
^Hthe  HhfUe,  it  appears  liiat  no  pari  of  our  evi^ 
^K^eiife  \H  any  way  impeached  by  the  new  evi- 
dence tlicy  b&ve'given. 

E.  ©f  Mace.   My  lords*  I  be^  leare  to  lay  a 
ry  few  words  upon  what  hath  been  newly 
Tered,  as  In  the  evidence  to  take  off  my  hai- 
bcf  preferred  6,000  guineoji  with  a  person   I 
'  oujrbt  a  better  man,  to  6,000/.  with  another, 
bom  I  thmif(hi  a  i;oud  tnau.     I  anprfheod  it 
not  taken  oA'al  all  by  any  tiling  that  ba^  yet 
II  ofl'cred.     Mr.  Lucas  owns  that  at  the  first 
time  there  waa  an  expectation  <  '  . ,  and 

b^  ha*^  sziven  your  loriishiph  an  rit  be 

astisetl  wbal  security  %vas  e%tiii:irii^  »Miii  was 
•Uiirtred  I  think  to  the  vLi'ue  of  lO^OCK)/.  and 
that  what  be  spoke  of  the  deficiency,  wu*  only 
that  he  should  not  he  liable  to  farther  orders  to 
be  made  upon  bim  for  couirit>utiuu  to  Ihe  for- 
mer dcAcicuciea  of  other  Masters  \  and  in  Ihe 
jtter  time*  when  the  clamour  was  greater,  Mr. 
""k^flered  iiie  (5^000/.  aUsohUely  withuiit  any 

Rioti,  and  1  add  1  Approved  of  the  peratin 

ttmi  of  tbo  oHer.  but  1  had  another  gentleman 
then  oiuiereofiaideration.    Their  evitlence  in- 
Ii4^d  variea  as  to  t}ie  particiilar<i  of  tlie  convrr- 
tions  they  bad  upon  this  Kuhject  i   but  what 
discourse  paused  between  I  hem,  unlesa  it 
to  my  know  led  g^e,  it  ought  not  to  affect 
1  uerer  beard,  nor  in  it  no  much  aa  pre- 
tended, that  I  ever  did  hear,  there  were  any 
manner  of  terms  or  condition*  whatsoever  an- 
ncxeil  to  the  prop<n«l  made  by  Mr.  Lucas. 

Mr.  Ellis  hits  been  asked  tlits  que^tion^  and 
has  fworu  positively  be  fiiemioDed  none  at  all 
me ;  to  that  there  is  not  the  least  pretence 
the  reitrietion,  supposing  Mr,  Lucas  an- 
>jUNi  any  to  the  proposal  (which  I  must  ob- 
iy  contradicted  by  Mr,  Ellis's  e?i» 
come  to  niy  knowled|je. 
what  evidence  i*  given  in  relation   to 
tbe  letter  of  November  ir21  ;   your  Jordsbips 
wdl  remember,  that  when   I  sfioke  of  that,  1 
eiutfred  nii<in  it  as  a  thini^c  "ot  at  all  necessary 
Hjr  mc;    liccause  they  had  not  provril  the  Ar- 
ticle, thai  the  letter  writ  in  February  was  with 
n  mtention  to  terrify  fK  ■  ^'  ■  '-^-   •■*-  n  con- 
Iributton  ;  hutallthr  I  was, 

tbai  the  Masters  hiu^  ^^^,i,  ^  \..[v*,i„^*-j  cuatri* 
botioo,  apd  upon  Ibal  they  mad«  amneobaer? a^ 
tton  I   but  ool  mm  of  the  Masters  «Yer  ^ave 
y<Mir  lordtbipa  aa  aecouni  that  ibev  did  it  by 
ftifoo,   or  under  tlie  terror  of  this   letter; 
llvty   have  called  every  one  of  them,  and  not 
^Q*_|iath  said  so,  but  ai^^rred  titat  they  had  paid 
folunlary  contribution  ;    so  that  there  is 
inner  of  occasion   for  what  balh  been 
nal  Ibis  letter.    Mr.  Cotiinij^ham  did  say 
yinir  lunlabij^  ibtt  be  thought  tUe  letter 


was  sent,  and  be  had  no  raason  to  believe  the 
C'Ontrary  ;  but  indeed  be  bad  no  niemnranduni 
of  ii^  liein^  sent.  It  is  very  eintraonhuary  to 
sug{^est,  that  this  should  b«  a  pocket  leiteri 
Can  any  peraon  imagine  that  that  letter  waa 
calculated  for  an  occasion  like  this  ?  Was  there 
any  apprehension  of  this  prosecution  m  Will 
My  lords,  it  is  not  worth  whik'  to  trouble  your 
lordships  with  any  more  remarks  about  so 
groundless  a  pretence,  lu  the  reply  there 
hath  been  something  nt^w  offertid  l<>  your  lord- 
shipx  to  make  out  my  receiving  money  from 
the  Masters  to  be  an  offence  at  common  law  ; 
and  there  have  likewise  been  mentioned  several 
act«  of  parliament,  to  neither  of  which  1  have 
had  any  opportunity  of  giving  an  answer  be* 
fore ;  I  therefore  apprehend  1  have  a  right  to 
take  notice  of  them  now.  And  fir«>t  1  beg»lt'ave 
to  observe  to  your  lordships,  that  eiery  one  of 
these  acts  of  parliament  relates  plaiuly  i^jmlgee 
who  take  briuea,  or  take  ■   r  doin«:  their 

d  utVt  or  for  doing  those  \  ^  were  h^uod 

to  Jo;  they  lie  upon  youi  H/ni-iiips' table,  and 
if  yoiir  lordships  will  but  look  upon  theiti,  you 
will  find  all  tt*  be  so. 

That  of  Magn:i  I'hartA  is  plainly  so»  that 
jiiijtirp  ^1  nil  he  admimstercd  to  the  party  with* 
oui  tit. 

N  tite  tA^  12  R*  %  that  tbey  shall*- 

Serj.  FcfigcUy.  My  lord  cauuot  be  regular 
to  reply  to  us  on  ihut  statute. 

E.  of  Mace,  The  statute  is,  that  tbey  shall 
nut  make  nny  otBcer  for  bniknge. 

Sir  G .  Ox€aden.  We  must  submit  il  to  yotir 
loritships,  whether  this  can  be  reguUr ;  the 
noble  Earl  hath  had  his  defence,  nc  have  re- 
plied ;  it  is  not  regular  for  him  to  enter  into  e 
debate  now. 

The  htatnte  is  upon  your  lordships*  labk ;  and 
your  lordships  will  consider  it. 

Earl  of  Mucc,  I  will  not  take  up  your  lord- 
fihip!!*  time  any  funlirr  in  insi'iting  upon  it; 
hut  I  hope  Ht  least  lemcn  >*ill  not  op- 

pose  my  taking  uon  i  thing  that  i^  new. 
though  not  any  port  of  the  Articles,  which  i« 
what  the  gentlemen  have  said  with  relation  lo 
IVilsou^s  coui|»ositi<»n  not  being  binding  upon 
thcfiuilors  of  the  Court;  that  it  is  matter  of 
horror  that  Wilson  should  trust  to  the  tUithof 
a  court  of  justice,  and  upon  that  enter  into  a 
compiisitiuii,  which  at  last  should  not  be  eflec* 
tual  and  binding*  To  that  give  me  leave  le 
answer,  that  if  Wilson  had  acteil  houestlv«  and 
given  a  fair  account  of  his  estate  and  ellecis  in 
this  case,  and  it  had  appeared  upon  the  whole, 
that  he  could  not  [my  more  than  according  ta 
this  composition ;  ai»d  at  the  same  ttiat  it  nsuet 
be  a  real  advantage  to  the  suitora  to  have  le- 
cetved  ihrir  properliofi  of  what  be  waa  abletii 
pay,  wilhoul  the  expencec  of  a  statute  of  bank« 
ruptcy  %  io  that  case  he  would  have  the  beeefH 
of  it :  But  in  case  he  could  have  uttid  oiort, 
and  this  appeared  only  to  be  a  fraudulent  or  •!»- 
fair  composition,  it  would  be  no  way  coocliiaife 
opon  the  suitors  ;  and  as  he  ought  not  to  m|B 
any  l>enefit,  so  neither  would  th«y  siiSer  any 
prejudioc  by  it  U|»od  that  tuppositioKt. 


I 


: 


MM^^Uta 


A 


A 


*S87] 


leOEOROE  L 


Trud  of  the  Eart  ofMacckffieU, 


n3» 


^  Serj.  P^elh>  The  Btanagen  are  ^titled 
lo  the  reply  and  condusion. 

As  to  our  evidence  newly  given,  it  proves  in 
the  strongest  manner,  that  if  there  was  a  reason 
lor  distingnisbing  between  5,000/.  and  6,000/. 
it  was  because  the  6,000/.  was  attended  with 
an  incumbrance ;  and  if  it  be  said  that  the  Earl 
had  no  notice  of  it,  it  is  proved  that  his  agent, 
or  the  person  whom  he  employed,  had  this  ac- 
count delivered  to  him,  and  knew  it ;  and  we 
appeal  to  the  letter  which  is  in  their  hands. 
And  therefore  this  is  so  far  a  confirmation  of 
the  other  part  of  the  charge  of  neglect  when 
lecurity  was  offered.  Why  was  not  the  per- 
ion  accepted  P  Why  Mr.  £lde  preferred  ?   - 

Mr.  Lucas's  directions  to  his  brother  and  his 
transactions  are  confirmed  by  Mr.  Ellis,  my 
lord's  jown  chaplain ;  and  the  only  reason  why 
tbebarg^n  was  not  concluded,  was,  because  of 
the  privilege  insisted  upon  by  the  person  to  be 
lodemniBcS  from  all  contributions  and  charges. 

£.  of  Mace,  I  beg  your  pardon,  if  I  trouble 
yoar  lordships  once  more  in  relation  to  a  piece 
m  new  evidence,  which  I  did  not  before  reflect 
upon  ;  I  am  under  a  verv  great  disadvantage 
Horn  these  gentlemen,  wno  are  for  tying  me 
down  to  very  great  hardshi|>8,  so  that  if  any 
thing  slips  my  memory  at  what  they  call  the 

roper  time,  it  must  at  this  rate  be  lost  for  ever, 
would  take  notice  of  one  thing,  with  relation 
to  what  Mr.  Thomas  Bennet  said  of  what  I 
^ke,  of  denying  that  the  Masters  paid  for 
their  offices  out  of  the  suitors'  money ;  they 
are  attempting  to  prove  that  I  knew  of  their 
^ing  so,  and  they  prove  it  by  shewing,  that  I 
said  I  had  always  denied  it.  But,  my  lords, 
is  there  any  of  the  Masters  that  came  in  in  my 
time,  that  says  I  knew  any  snch  thing?  No,  my 
lords,  not  one  of  all  those  Masters  that  came  in 
in  my  time  appear  to  have  transacted  in  this 
manner ;  there  are  only  two,  Mr.  Kynaston  and 
Mr.  Thomas  Bennet  ;*bat  is  there  any  of  them 
or  any  other,  that  pretend  that  1  knew  they 
did  so  ?  Here  are  two  persons  that  paid  for 
their  offices  out  of  the  suitors'  money ;  and  be- 
cause I  told  one  of  them  afterwards,  admitting 
what  he  said  to  be  true,  that  I  had  heard  it  said 
it  was  so,  and  denied  it ;  is  it  from  thence  to 
be  concluded  that  I  knew  it  was  really  so? 
My  lords,  I  beg  leave  to  observe  as  to  the  mat- 
ter of  the  difference  of  the  prices ;  I  gave  evi- 
dence of  the  difference  of  prices  in  other  of- 
fices, and  their  rise  from  .50/.  to  500/.  in  one 
instance,  and  from  200/.  to  800/.  in  another. 

Sen.  Pengelly,  We  are  unwilling  to  inter- 
rupt the  lord ;  but  now  for  him  to  go  beck 
again  into  the  whole,  is  a  greater  right  than  his 
lordship  is  entitled  to  ;  therefore  from  the  duty 
We  owe  to  your  lordships,  we  hope  every  thing 
that  is  regular  shall  be  observed. 

£.  of  Mace,  I  submit,  if  your  lordships 
think  I  am  irregukr;  in  the  confusion  my 
papers  were  in  when  1  made  my  defence  from 
tbeni,  the  notes  relating  to  this  and  some  other 
Blatters  were  overlooked :  but  as  to  the  reply, 
i  must  beg  leave  to  make  one  general  obser- 
i«tioo»  that  tlM  fffnXkmok  Juve  thought  the 


arguments  used  by  me  in  that  delflBee«  ^An 
such  as  they  eould  not  answer,  ar  socb  » 
needed  no  answer,  sinoe  tbey  bare  ncia> 
tempted  to  answer  any  of  them  ;  and  whkikd 
the  two,  I  must  leave  to  yoiU'  lofdahipa'  dsKh 
mination. 

Mr.  Oiu/ov.  My  lords,  io  thecanrseofav 
reply,  we  made  use  of  the  statote  of  Henry  4 
We  have  it  not  printed,  but  wc  bare  an  atlcM 
€M>py  in  writing,  and  the  original  roll ;  if  ysor 
lordships  please,  this  atte^ed  copy  may  bt 
brought  up  to  your  lordships'  table. 

Mr.  Nicholas  Paxton  sworn. 

Paxton.  My  lords,  1  examined  this  copy 
with  the  depaty-kceper  of  the  Rolls  in  the 
Tower,  and  it  is  a  Iroe  copy. 

E.oi  Mace.  Whether  that  Parliament  Rsll 
be  in  the  nature  of  a  Journal  or  a  Scaiole  Hott^ 
wherein  the  act  of  parliament  ia  entered  P 

Paxton,  My  lords,  the  officer  is  here ;  be 
will  give  your  lordships  an  aeconot. 

Mr.  iMtm^che.  it  is  quoted  by  nsy  krd 
Coke  lo  be  ot  the  same  naUire  as  a  ParliameBl 
Roll. 

Mr.  Holmes  called. 

Serj.  Peng.  Mr.  Holmes,  Where  is  this  RsS 
keptr 

ilolmes.  My  lords,  I  am  depv^-keepcr  if 
the  records. 

Seij.  PeiM^.   Where? 

Holmes.  In  the  Tower. 

Serj.  Peng,  What  Roll  is  that? 

Holmes.  It  is  the  Parliament  Roll  of  iBttb 
11th  of  Henry  4. 

£.  of  Mace,  I  desire  he  may  inform  your 
lordships  whether  there  be  any  difference  of 
distinction  between  the  Parliament  Roll  and 
the  Statute  Roll  ? 

Holmes,  There  are  a  great  many  privale 
acts  entered  upon  the  Parliament  Rolls,  thst 
are  not  in  the  Statute  Rolls ;  what  is  in  the 
Statute  Roll  was  sent  down  by  writ  into  the  se- 
veral counties  to  be  proclaimed  in  the  sevoii 
county  courts. 

Serj.  Peng,  Whether  that  is  not  the  original 
Roll  f^Holmes.  This  is  the  original  Roll. 

£.  of  Mace,  1  apprehend  the  Pariiaroeot 
Roll  contains  the  petitions,  and  the  king's  an- 
swer.— Holmes.  It  doth. 

£.  of  Mace.  Before  it  con>es  to  be  pobfbhed 
as  a  law,  is  it  not  drawn  up  in  form,  and  entered 
upon  the  Statute  Roll  ? 

Holmes.  The  petition  is  a  piece  of  parch- 
ment ;  af^er  it  hath  passed  King,  Lorcfo,  anl 
Commons,  then  it  is  entered  on  this  Roll. 

Mr.  Onslow.  Whether  the  king's  assent  is  not 
entered  upon  this  Roll  ? 

Holmes.  There  is  Le  Roy  le  Vent. 

Lord  Lechmere.  I  desire,  lor  yonr  lordships* 
satisfaction,  that  he  may  read  what  is  upon  the 
Parchment  Roll. 

Holmes  reads  it,  8cc. 

Pari.  Rot.  N""  28»  11  H.  4. 
Item.   <«  Qua  nol'  Cbaanceller.  Tnmm 


fhir  Hit*h  Crim^  Mnd  MudeMeanors, 


A,  D.  1725. 


[1390 


!a  Royue  nuF  autre 


^ 


^ 


wf foment r.  a  < 

toll  gihgfe«  de  Hoy  pur  lo^  i  es  oo  i§er- 

lic«S|  preigoe  rn  nulle  ntu  i  <  lups  nTcnir 

cuQ  mttiare  ile  doun  vu  Uocjige  tie  nuHy 

||)Ottr  lour  dits  Ofltcas  el  8ei'vice»,  aifiaire  stir 

7|»f*yii  de  rcspondre  a  Rav  de  la  treble  de  ceo 
^ue  issi  prcu^nont,  et  de  imitsfier  la  Fartie  et 

Nitinys  at  votoute  dc  Hoy,  et  %int  dischargex  dc; 
ian  OlHcei  Service^  «;t    C^ruuseill    {iiir  toutz 

■jours,  el  t|iie  chesctid  qui  vi>rra   pur  nuer  en  Ift 
dfte  ^Itttier  et  lii  fuit  Mtbjcn  pur  le  Roy  come 
{»ar  luy  tncsnies  et  cit  In  tierce  (larlie  de  come 
ile  qui  fe  jiarties  soit  dueiueiit  couvict.** 
Le  lioy  te  Voet. 

E.  of  Mace.   What  is  tliere  in  the  mariiflti  f 
Holmei,  **  RespectUAtur  ^er  Dombuin  Priu- 
flpemet  t^nciliom.'^ 

£,  of  Mace.  That  I  may  not  he  misnoder- 
fitood  in  Uiis  matteri  and  accusetl  of  going  to 
guthUeaway  an  act  of  parliament ;  your  lord- 
ilitps  will  give  me  leave  to  ohaerve,  m  the  first 
Blace,  thtit  ikupposing^  thrs  to  l>e  an  act  of  par- 
nameot,  it  relates  to  cases  where  judgments  are 
giren,  or  where  the  parties  have  si  _t  iil 
not  any  way  to  me  or  to  my  caae ;  . 
f  rewDiaed  ihta,  your  lordHhipf  will  set?  mnv  tUin 
tfiatter  atandH.  Here  are  two  Rolfs,  the  one  is 
in  Ihe  nature  of  a  Journal,  wherein  an  entry  is 
made  of  the  fcevcml  proceeilingis,  and  tliere 
arc  in  it  great  numbers  of  petitions  to  the  kinfjf 
l>y  the  Commons;  whereby  ihey  pray i  that 
•ct«  tnay  be  made,  and  the  king^a  aoawers 
UpPti  them  :  the  answer  it  may  be  la  agreeiDg 
toaome  part  of  what  they  praVt  or  aoroetimea 
io  no  part,  hut  a  proviaion  matJe  quite  different 
from  what  they  pray«  At  that  time  the  judges 
drew  up  the  acta  afterwards  in  form^and  thence 
then  tUiyfiis  acts  were  entered  upon  tl»e  Statute 
lloiJ  i  and  tliey  tvere  promulgated  at  that  time 
Uy  nroclamatiou  on  writn  inkuA  to  the  i^herifl'i 
of  tlieaerem I  counties.     Now  this  1     '  !;♦? 

mar^n   of  the   [*ar)iamcnt  Roll,   '  i 

ftitir  per  Dominum  Principem  et  C  •  m  uiir.ii/^ 
When  the  judgva  came  afterwards  to  draw  up 

the  l^iillltrji  iif  this  parliatli'<Ht     in  nrdrr  ^i^  nith. 

lifth  ebeiog  a  /  u 

this II  EiamemRoU ,  -^a 

it  up  amonifnt  the  rest,  ami  it  is  not  entered 
upon  the  Htatute  Roll  at  all,  noreTer  printed  in 
Any  ataiute  bm»k  wnce,  nor  wa«  it  ever  pub- 
^  IjHUed  by  the  aherifffi,  nor  con«equently  8ent  to 
the  several  eourti  of  justice,  nor  errr  taken  iw>- 
lice  of  by  them   nn  n  law  ;  for  the  rea<ion  of 


tliat  timxiiiii  th 
to  take  aoiice, 
nf  private  lav^ 
treretfaiisroilt^ 
Tlia  favt  then  u 
mk9a  tiM  aet» 


rta  of  jufitice  are  bonnd 
1  public  laws,  and  not 
I  ;Miae  the  public  (aws 
I  under  the  great  seal.* 
-  ^'k  appear  to  be,  that 
mtof  n  Hen.  4, 


^  Aa  to  thitt  itat.  H  lien*  4,  sec  Rulf. 
l)ead*a  Preface  to  Hnnnmglon's  edit*  of  the 
tkat4itef,  p.  16.  NcB.  I^rrtn^on  docs  not 
tffcalofthia«Ut*  »W,  too,  Coka  Lit.  <23f,  a« 
0arr.  Ubi,  on  I  Edw.  <». 


u   I 

had  been 

case. 

"  "  .oil- 

c  la 

per 

hce 

1 

oar- 

Jia- 

came  to  hr  drawn  op  and  promulgated,  thit 
hating  a  H^trfctiir*ur  i«titen»i  ii|H>(i  k,  waa 
not  col ered  <  Ht^^itue  [loll,  and  mo  not 

published;   i  .*^ct.     Howcfer,  it  dotli 

not  concern  um,  nur  doth  it  relate  to  the  pre-  i 
sent  case  at  all,  a%  1  obserired  to  your  lordshipa 
before :  if  I  had  made  a  decree  for  money  ;  if 
1   hud  refused  a  writ  or  Hubpcena,  unless  the 
party   had  paid  me  u 
within  the  Mritute,  hut 

Mr.  Lutwyike,  AVc 
cern  him  :  but  as  to  ^^ 
an  entry  in   ♦''^   ••'-^      ..,       ., 
Domintim  T  *  &cc.  this 

of  in  the  3d  1:.  i  .  .,  ,  ivhere  my  1 
ticularly  affirms,  that  ibis  is  an 
ment  in  force,  and  ia  u]Km  tlie  Var  ioll, 

and  tukea  notice  ot  Kctpcciutitur^  ^c.  that  jC 
was  in  fact  done  hy  the  ptiace,  the  son  of  kinyp 
Henry  4,  but  without  authority  ;  and  tiiot  not- 
withstanding such  respite,  thi»  uclof  parlia* 
ment  i*  in  full  force. 

Air.  West,  8up posing  it  to  be  an  act  of  ptr^ 
liament,  it  extendi^  to  the  Earl's  cage ;  but  whe^ 
ther  it  be  an  act  of  parliament  or  no,  is  a  quew- 
tion  that  the  noble  Earl  now  makes.  1  thought 
it  had  been  the  common  learning,  that  all  tb# 
old  laws  were  petitions  from  the  Commoa% 
and  Ihe  king's  answer  to  them  ;  and  that  tbd^r 
were  enterefl  upon  the  Parliament  Roll  *  inil 
that  the  Parliament  Roll  was  only  a  voucher  to 
the  S^ttttute  RolL  I  could  give  many  instancea 
where  that  voucher  was  not  pursued,  und  tha 
Statute  Roll  drawn  up  different  from  the  Par- 
liament Roll ;  and  that  was  tlie  very  reason  <rf 
altering  that  manner  of  passing  laws  into  t}t# 
method  that  is  now  used.  This  is  my  lord  chiaf 
justice  Bale's  account  ia  one  of  the  food^ 
reports. 

Mr,  Plummcr,  The  Earl  impeached,  hath 
prtttcipalty  insisted  on  two  things  ;  the  one  ti 
the  taking  a  less  sum  of  money  tor  a  Master's 
place  when  vacant,  when  he  had  a jgreater  sutfi 
ortered  him  ;  and  that  therefore  it  follows,  that  i 
he  hath  not  made  corrupt  advantages  io  order 
to  raise  Uts  own  fortune,  and  that  he  is  innocent. 
He  hath  called  (he  negociator  in  this  affair  tv 
prove,  that  when  he  was  offered  6,000i.  hetoolc 
5,000/.  The  Commons  have  by  their  witness 
explained  it  ^  and  this  nmtler  is  now  lully 
cleared,  and  your  iordships  have  the  whole  be- 
fore  yon;  and  I  will  make  no  farther  observa*  | 
tion  upon  it. 

The  second  thing  that  he  lays  great  weight  i 
upon  is,  that  he  called  for  the  accouuts  of  tho 
Masters,  notwittisUndin^  the  500l.  a- piece  was 
paid  in.  l^pon  r\iKtnnmg  the  wiloeitses,  il  I 
doth  not  opitear  that  any  of  the  now  Masteri 
knew  any  thing  of  it,  1  leate  it  to  your  lord- 
r!i  ■'*  '  ^-ition,  whether,  if  the  earl  of 
M  ']  been  in  eurneadt  he  would  not  , 

liii^c>  u^^- .t,«.ui  of  that  order.     It  doth  not  j 
Appear  there  was  ever  any  aei^ouut  given  in^  j 

tfierefore    when     llu^r    tvio    niuuis    nre    mrufi* 

plainer  a^iost  f 
tirat  making  go<>' 
to  aay  tb«  tting  ol  ttia  Iid|i 


1391] 


10  GEOROE  I. 


Trial  of  the  Earl  of  MacdafUid^ 


[1S9S 


•ut,  yet  it  it  plain  the  ftinfi^  is  not  taken  out  of 
tt,  but  it  still  remaina ;  and  your  lonkhipa  will 
gife  such  jadgmeat  as  is  just  aod  lejjral. 

Then  the  Managers  for  the  Hoose  of  Com- 
mons and  the  cooomI  withdrew,  and  then  the 
House  adjourned. 


The  Eleventh  Day. 

Twadty^  May  85. 

The  Lords  being  seated  in  their  House, 
tnd  the  Managers  being  come,  ^md  seated  as 
before,  the  usual  proclamation  was  made  for 
silence. 

L.  C.  J.  King,  My  lords,  your  lordships 
haring  heard  the  evidence  in  tnis  case,  have 
ngi«ed  upon  a  question,  which  is  severally  to  be 
pot  to  your  lordships  in  the  usual  order.  The 
•oestion  is  this.  Is  Thomas  earl  of  Maccles- 
field Guilty  of  High  Crimes  aod  Misdemeanors 
charged  upon  him  by  the  loopeachment  of  the 
Hoose  of  Commons,  or  Not  Guilty,  upon  your 


L.  C.  J.  King.  Robert  lord  Walpole,  What 
taysyour  lorduiip?  Is  Thomas  earl  of  Mac- 
clesfield Guilty  of  High  Crimes  and  Misde- 
meanors charged  upon  him  by  the  Impeach^ 
meot  of  the  House  of  Commons,  or  Not  C  uilty  ? 

Lord  WalpoU.  Guilty,  upon  my  honour. 

The  same  question  was  severally  pnt  to  the 
rest,  who  severally  answered,  Guilty,  upon  my 
honour.  The  names  of  the  Lords  present  are 
ns  follows: 

Barons, — Lecbmere,  Diicie,  Onslow,  Ba- 
thurst,  Foley,  Slasham,  Treror,  Mountjoy, 
Hay,  Gower,  Herbert,  Asbbumharo,  Walde- 
grave,  Lynn,  Comwallis,  Bruce,  Brooke, 
Comptoo,  Hunsdon,  Clinton,  Delawar,  Percy, 
Abergavenny. 

BiiAops.^Exeter,  Bristol,  Chichester,  St. 
Davids,  Norwich,  CaHisIe,  Bangor,  Glocester, 
Ely,  Peterborough,  Rochester,  Oxford,  St 
Asaph,  Winchester,  Durham,  London. 

Viscounts, — ^Torrington,  Ilarcourt,  Cobham, 
Tadcaster,  Lonsdale,  Hattun,  Ton^hend, 
Say  and  Seal. 

Earls. — Pomfret,  Harborough,  Cadogan, 
Sussex,  Halifax,  Bristol,  StraJbrd,  Ferrers, 
Hay,  Deloraine,  Stair,  Orkney,  Selkirk,  Find- 
later,  Buchan,  Rothes,  Cholmondeley,  Albe- 
marle, Rochford,  Scarborough,  Abingdon,  Yar- 
mouth, BuHington,  Carlisle,  ScarsdaTe,  Sunder- 
land, Denbigh,  Warwick,  Northampton,  Lei- 
cester, Lincoln,  Pembroke. 

Marquis. — ^Tweedale. 

Dukes. — Chandos,  Manchester,  Wharton, 
Newcastle,  Ancaster,  (Lord  Great  Chamber- 
lain,) Roxburghe,  Mootross,  Montay^ue,  Grraf- 
ton,  (Lord  Chamberlain,)  Greenwich,  (Lord 
Steward,^  Devonshire,  (Lord  President) 
ArcMnshop. — Canterbury. 

L.C.  J.  ITtiig.  My  lords,  your  lordships 
iMvn  aDammooslj  found  Thomw  eari  of  Mac- 


clesfield Guilty  of  High  Crimet  and  Misde- 
meanors charsed  upon  hini  by  tlie  Impeach- 
ment of  the  Hwsm  i  ' 


Then  the  Managers  of  the  Hoose  of  Com- 
mons and  the  coniMel  withdrew  ;  and  then  tk 
House  adjoomed. 


The  Twelfth  Day. 

Wednesday,  May  36.* 

The  Lords  being  sat,  and  the  Mnnagan  be- 
ing come,  the  usual  proclamation  was  made  !W 

silence. 

Then  the  Gentleman  Usher  was  oommanM 
to  call  in  the  earl  of  Macclesfield,  who  bdag 
come  to  the  bar,  the  Speaker  acquainted  lum, 
that  the  Lords  had  fully  considered  of  hiscasi^ 
and  had  uaanimoualy  found  him  Gmhy  of  Hi^ 
Crimes  aod  Misdemeanors  charged  upon  hna 
by  the  Impeachment  of  the  House  oif  Coa- 


I  attend  your  lordship 


£.  of  Maec. 


iDS,m 
obedience  to  your  lordships'  cominand ;  hat  I 
am  persuaded,  that  if  your  tordshipa  knew  whsl 
I  suder,*yoar  lordships  would  not  liave  leqnuei 
this  of  me,  the  rather  as  I  did  not  intend  Is 
make  any  exceptions  in  relation  to  the  pro- 
ceedings, or  give  your  lordships  aav  farther 
trouble.  I  am  now  to  expect  yoor  rndshipi^ 
judgment ;  and  I  hope  that  you  will  be  nieased 
to  consider,  that  I  have  sofimd  no  sdulh  mat- 
ter already  in  the  trial,  in  the  expence  I  hata 
been  at,  the  fiuigue,  and  what  I  have  soffmd 
other- ways ;  beudes  the  cruel  distemper  which 
this  liath  brought  upon  me.  I  have  paid  back 
10,300/.  of  the  money  already,  I  have  kist  my 
ofiice,  I  have  undergone  the  censure  of  both 
Houses  of  Parliament,  which  is  in  itself  a  ^fjy 
severe  punishment.  My  lords,  the  deficiency 
of  Mr.  Dormer  doth  sound  lAige,  25,0001.  but, 
my  lords,  it  was  not  through  my  fault  that  the 
deficiency  happened,  iH>r  was  that  Master  pal 
in  by  noe ;  on  the  contrary,  with  great  diffi- 
culty, it  is  reduced  by  my  means  to  10,000/. 
less  than  otherwise  it  would  have  been.  My 
lords,  all  the  loss  that  can  be  sustained  by  any 
thing  charged  aj^nst  me,  is  only  w  bat  some 
of  the  suitors  might  have  had  more  for  their 

Proportion,  than  they  can  now  out  of  Mr. 
former's  effects.  His  debt  came  to  about 
47,000/.  his  effects  to  about  13,000/.  which  is 
about  a  fourth  part:  1  don *t  find  there  b  one 
suitor  hath  made  his  complaint  that  he  bath  aot 
receifed  his  5s.  in  the  pound,  Mrs.  Chitty  hath 
receif  ed  her  share. 

Mr.  Onslow.  RIv  lords,  we  must  submit  to 
your  lordships.  This  was  proper  wheu  the 
noble  lord  was  making  his  defence ;  but  it  is 
not  so  in  arrest  of  judgment.  Yonr  lordshrps 
hafe  foand  him  guilty  of  the  fact,  and  he  is 
now  arguing  in  defence  of  it :  if  he  haih  aoy 

*  Other  Proceedings  relating  to  lord  Mac- 
clesfield in  the  House  of  Lorda,  wiU  be  fomrf 
at  the  end  of  this  Caa^ 


m 


Jir  High  Crimes  and  Miidetntfmon, 


A.  D.  1725. 


[1394 


tiling  in  arreit  of  jud^i^inc'Dt,  bt  may  s»y  it,  and 
tbt!  Cammous  are  here  reaily  to  answer  it. 
I^wasfery  utiwitling,  my  lonJi,  to  IiUer ri4>t  the 

^1,  ami  «b  it  now  ^>ull  lm.  nt  rfluL-laticv  ;  but 

t  for  the  sake  01  i  jr  lorJ«lii|»s^ 

ditigii ;  and  ^v  ^        ;  la  jmir  lani- 

klpBf  H  betiMT  tb«  uabk  bf hI  is  nut  tiow  p;am;r 

tbe  repetlliiiD  of  iwbat  be  satU  in  btj^  tie- 

^B.  of  Jlfz/rr.     %lj  1oH«, 

^m  be  1.'  '    >'   ^  :  > 

ft  ti»}seil    lo  ; 

fcy  ;  1  am  sm 

nUng^f  and  1  euUitrij  !>ui 

^wbetbcr  your  lordships  will  be  pleased  to  di». 

Hnri/1  M.ce  at  this  time,  w  whether 

rcqulrt!  mt  to  come  agniti 

iii  ^  cat  tJ n euAi oe&s ;  1  submit  it 

Four  )(»rd»bij»s- 

Hieu  the  suid  Earl«  as  %Uo  tbe  Manageri, 
fcre  directed  lo  witiidrAW  ;  ami  tbe  House  or* 
^ered  Thumas  carl  of  Macclesfield  to  lie  com- 
mitiod  to  tbe  custody  of  the  gentleman  usher 
4)ftbc  BUck  Rod;  and  tbeu  |>roceeded  to  the 
can»ideration  of  what  Judyiiieut  V>  give  upoi* 
the  Inijicachnient  a^ain&t  the  tiaid  Earl,  and 
afterward jt  adiouroed  to  ThuradaVy  11  o'ctock^ 
the  aflhof  May, 


I  submit  wbetber 

liion  of  your  lord* 

it  be  or  be  not,  1 

;ips'   justice  and 

of  them   will  b« 

'luit.     1  don^t  know 


I 


The  Thieteenth  Day. 

Thurtday,  May  2f . 

A  Mesiaee  waa  tent  lo  ibe  Hooae  of  Goto- 
raouH  by  mv.  Baron  Page  and  I^Ir.  Jti«trc# 
I>t^nton,  to  actpiamt  them,  that  the  Lonla  are 

Iidv  to  give  Judgment  against  Tboinaa  earl 
iiticLle«fie1d|  if  they  with  their  Speaker  wilt 
Be  and  deu^and  the  aame. 
Hereuiion  a  motion  ii» as  made,  and  the  qnes- 
I  pro{«f)«(fidf  that  thii  House  will  dtnnand 
^  I  the  Lordsa^^jiioHtTbotaaii  earl  of 

a'  ;  which  occasioned  a  warm  de- 

tc>  th.ii  j.istwl  till  fIV<^  in  the  aflt  i  '  tjf-n 

the  preTiou^  quetttion  beiu;^  put,  t  >  s^ 

t  be  now  put»  it  wna  rarrieil  in  nif  luurnia- 
rhy  a  majority  of  136  voicea  again«t  65  ; 
Iti.^.T.  i\.f.  ...r.;,.  r>,,f-(^tioti  being  jmt,  it  was 
use  will  demand  Judfjf* 
til  :.  ^  earl  '>f  Maccleafield, 

d<i  jmmonn  rew>lvc<),  nc*n,  (on. 

it  tii<  ^  of  tbii  House  be  ^iveii  to 

i  meiiibirrs  wliu  were  appointed  the  Managers 
'tbe  f  mncachitient  agaiuHt  Thomas  earl  of 
ccle»fiHd,  ffir  ibeir  faithful  n>  >  i  m 

it  diacbarge  of  the  trust  repott^; 

Hereupon  Wr.  ^ftaker  (aif  8f»eiiCfT  Cocnp- 
lllip)*  g*v^  them,  iuey  aUndiDg  uo  aeverally  m 
^Hr  {ilac«i,  tbe  Tbauka  of  tbe  Utiuae^  aa  fol- 

**  Gentleman ;  It  it  with  tbe  maleat  cheer* 
dnesa  that  I  (»bey  the  commanthi  f>rthc  Houae 
Vlhia occasion;  and  ypt  I  uy 

iiiorc  aeoiibli^  of  ^  of 

ling  them  is  t  ought ;  but  I  bnvtr  lim 
XVI, 


tatitifactiofi  in  Ibis  motion 'a  being  made  when 
I  least  expected  it,  that  my  not  being  pr^pured. 
may  licsome  excuse  for  those  dtfects,  which  M 
sbotitd  not  bttfe  been  able  to  hare  aupplied,  J 
had  1  bad  never  bo  long  a  time  lor  conaideni* 
lion. 

•*  Gentlemen,  You  bare  maintained  thftVi 
Charge  of  tbe  Commons,  with  that  force  cf  nr-'^ 
guineni,  beauty  of  exprc«i«ion,  and  s'  f 

reaaon,  as  would  hftve  gaiued  yon  <[:  i 

applause  in  the  most  fluurisbing  of  the  Giecna 
commonwealths;  and,  I  muy  iidd, 

**  Nee  dignius  unqoam 
"  Majestas  memtnit  sese  flomana  locutam*^* 

But  1  shall  not  enlarge  farther  on  this  part 
of  your  praise,  being  sensible  that  I  am  not 
able  to  express  myself  in  a  manner  suitable  to  j 
tbe  dignity  of  tbe  subject  j  your  own  tongues! 
are  only  equal  to  such  an  undertaking;  and] 
were  I  able  to  do  it,  your  *iiodesty  would  noCl 
permit  it ;   I  sbalt  therefore  proceed  in  obeyin|f  1 
tbe  commands  of  the  House,  in  such  a  manner^  j 
as  you  yourseWea  may  hear  it,  not  only  with* 
out  offence,  but  I  hope  with  Bai^tslacliou  ;  by  J 
eodearouritig  to  set  in  their  proper  lights  th«| 
great  and  lasting  bene6ts  your  country   vrilu 
receive  by  your  faithful  dtBcbarge  oi  your 
duty. 

*'  You  baTeatoppecl  tbe  cries  of  orpbana^i 
and  dried  up  the  tears  of  the  widow ;  even  tbos«  J 
who  mast  ever  be  iutten&ible  of  the  benefits  1 
they  receive,  idiots  and  lunatics  (luid  such  only  I 
can  be  msensible  of  them)  will  be  partakers  of  i 
the  fruits  of  your  labours, 

**  Out  vou  are  more  particularly  entitled  to . 
tbe  thanks  of  this  House,  by  having  made  tboi 
ptoseeutions  of  tbe  Commons   against  gremll 
oflTendcrs,  practicable ;  tbe  power  of  imfieaeh-  f 
meat,  that  sword  of  vengeance  ;♦  which  tho^ 
coiiilituiion  bas  put  into  the  hand  of  ibe  Com* 
mons,  aad  which,  when  drawn  by  party-rage, 
when   directed  by  the  malice  of   faction,  or 
wielded    by  unskilful    bands,   has  too    often 
wounded  that  consUlution  it   was  intended  to^ 
prefer vct  baa  now,  by  your  ablemanagen 
turnetl  its  edge  to  its  proper  object,  a  ^ 
offender  ;  and  if  the  wound  it  bas  given  shoub 
not  be  so  dlep,  as  many  expect,  yet  you  ma} 
be  very  sure,  it  can  never  be  imputed  to  the! 
want  of  strength  in  your  arm:  and  I   hop«i 
and  trust,  from  your  prudent  conduct  tbrougli  i 
the  whole  progreas  of  the  trial,  fliat  this  greal^ 
privilege  of  the  Commons  will  ever  remain  a 
terror  to  evil  diners  ^  and  that  it  may  be  a  praise 
to  them  that  do  well,  the   House  has  imaot* 
mously  come  to  \\m  Resolution  : 

'*  FUfolveil,  nem.  con.  That  the  Tbanki  4 
tbia  Houae  be  giteo  to  tbe  members,  who  werB| 
appoioled  tbeAtaoegera  of  ibe  Impcocb 


*  Lord  Hoinmtm,  wbeti  Solicit" 
the  ]re*f  t^l«  (^c  lOGreyV 


anil  'New  f*arl.  'Hist.  voL  i^,  [  :«to*  . 

tbe  power  of  Tmpcachmera  i    t- '     •      ^wonl| 
kept  in  the  Term  pie,  and  u»i  l*.  bt:  t'^ii  '>ul  < 
grettt  oocasiooB. 
4U 


&iiif .  teller  oT  die  Umtm  «l 


«f  all  libs  Caam 


Bnttio,  4id  it  tlu0  liv  mmmeh  Thamm  eaii 

oT  iUedcificid  ^  BkA  CrtaM  and  M  kde. 

m;  tii4<tid«xbibitAjlklciofIiiipeieb- 

agftiMt  kiiB  £  aoi  bare  made  good  ibcir 


60  tbovfore  tii  Ibe  najoe  of  tbe  koighU, 

bttrgBiiei  in  |iort<miiiefit  mtem- 

md  flff  all  the  ComoMm*  of  Orcai-Bd- 

iaJo,   ^^m»nd   Joilgtnaot  of  joor   k^rdabira 

aifftinf t  Tbc»miu(  e«i  of  Macetoifieid«  Ivr  m 

taicl  lligb  Cristici  ami  BJiadaittwaora/* 

Then  Iba  lord  obief  |itiiiea  Kiaf «  ftpaaker 
|»f  ibr  Uoaae  of  Lordii,  atid ; 

**  Mr.  Speaker^  Ibe  Lorda  are  ooir  raadj 
10  proofed  to  jadgmeol  in  ibe  case  bj  yon 
p*«uiiofie(l. 

**  ThomAii  earl  of  Maccl«fipM«  tbe  Lorda 
bttVe  utiai]ifi»ouily  round  ^ou  GuiJty  of  Htf^b 
Criifir*  mid  Mi«<)ameanurf ,  cbargod  on  you  by 
thr;  liniM^acbineiit  of  the  Honse  ofComnioD^, 
^tid  ijt>  pow  ftccorrting  to  law  proceed  lo^udg- 
ftiriit  againtt  you,  tvhieb  1  am  ordert:d  to 
proQOuoce. 


iliei 

«riiieaowe«n 

•'TlMtkeLard 
oC  C0«M»^Pfa»^  ham 

BMtta  ia  PsRa,  ainiBg^  < 
iielBl  the  Black  S«4  ID  ] 
ctafiddt«tka  bar; 
iofly. 

*«  Tbe  Blacii  B^  I 
difliaikce  ffooB  Mr. 
mod  tbe  eaH  af 
of  tbr  Bbck  Ra4«  I 
cf  Peen  dtreeied  ll 
bit  6ra 

itbieb  be  did  aocurdiMtj, 
tbe  ComaiaMt,  till  tike  F 
PbertMdliloiriae.» 

t  •♦  Reaolvel, 
dreta  be  presenllBd  to  ki% 
be  gracMMialy  ylcaaed  la 
tmpoied,  by  tbe  Boaam  «f  ] 
earl  of  Macclcafield.  or  mmy  \ 
same  sball  be  iwM  inio  ' 
issued,  mod  naid,  into  Ibe  O 
to  be  afipUed  towmnls 
tosses  ot  the  suitors, 
cieodeK  of  tbe  Misters  oC  t| 
Ibal  Ccuirt  shsM  Ihiok  (It  to 

««  OriJcred,   Tbat  tbe  ad 
Woted  tu  bis  gnajecty  bf  aod 


Jhf  High  Crimes  and  Misdemeanors* 


A.  D.  1725, 


[1398 


BUck  Roc],  in  ivbosp  custody  Ihe  said  Earl  at 

'  ^resent  is,  do  biin  safely  cauvey  to  itie  said 

ovrer,  and  deliver  bini  to  the  eunslabte  tliereof, 

or  in  his  abserict;  ly  the  lieutetjant  or  deputy- 

teuAnt  of  the  same;  aad  that  the  said  cou- 

ij€|  lieuionant,  or  deputy -tieuteu ant  do  re- 

ihe  body  of  the  said  Karlj  ami  bini  keep 

lie  custody  there,  yolil   be  6 hall  have  paid 

said  iine.'* 

TheQ  the  Ilouie  adjourned  to  Monday,  May 
■;ai,  1725; 

And  ilie  earl  of  Maeclesfleld  was  conTeyed 
it©  the  Tower,  where  lie  continued  prisoner  for 
|fiOaie  time  till  be  paid  his  fine. 


vr  IN 

Mli«tlte 

P 

■     Th 


e  following  Proceedings  in  the  House  of 
liOrd*,  relatin^^  to  lord  Macclesfield, are  extract- 
cd  from  the  Journal : 

May  26.  It  being-  proposed,  **  That  the  said 
£ar1  be  lined  in  the  sum  of  30,000/,  to  the 
king*«  raaje»ty  :*'  Alter  debute;  and  readiog 
the  judj^ents  of  this  House^  in  the  ca^es  both 
of  the  viscount  8t,  AlbauB,  and  the  earl  of  Mid* 
dlesex  :  It  was  proposed,  *^  To  ank  the  opinion 
<»f  the  jiidfires,  whether  the  sale  of  an  ot£ce, 
that  hath  relation  to  the  administration  of  jus^ 
tice,  be  an  offence  a^aitibt  the  common  law  F'* 
And  a  question  betn«»  staled  upon  ilie  said  pro- 
poaitiofi :  it  was  resiolvetl  in  the  negative. 

Then,  it  being-  moved,  **  To  resolve,  that  Tho- 
mas earl  of  Macclesfield  be  fined  :*'  Ihe  ques- 
tion was  put  thereupon,  and  it  was  resolved  in 
the  affirmative. 

The  question  was  then  put,  "  Whether  -lb« 
said  Earl  shall  be  for  ever  incapable  of  any  «f- 
fice,  placis  or  employ  men t,  in  the  slate  or  com- 
mon wealth  ?"  It  was  resolveil  in  the  negative. 
Contents  42 ;  Not  Coijleats  42. • 

»*  Dissentient^ 

1.  ^*  Because  it  is  certain  that  the  honour 
aud  digniiy  of  the  crown,  the  security  of  our 
religiuus  and  civil  rights,  and  the  preservation 
of  our  most  excellent  coustitutkm  in  church 
aod  fitate,  entirely  depend  upon  the  probity,  in- 
.legrity  and  ability  of  those  persons  whom  liis 
majesty  shall  cali  to  his  councils,  and  who  shall 
be  employed  in  any  office^  ptace  or  employ* 
ment  in  the  slate  or  commonwealth. 

Si,  *^  Because  we  conceive,  a  person  im- 
peached by  the  House  of  Commons  of  corrup- 
tion of  the  deepest  *\ye,  and  who,  after  a  full 
and  legal  Iriail,  was  by  this  House  unanimoui!ily 
found  guilty  of  Hi4?h  Crimes  and  MiMleinean- 
or*,  charged  an  him  by  the  House  of  Coiii- 
inotis,  which  High  Crimes  and  Misdemeanors 
vere  committed  by  him  in  the  execution  of 
Ilia  hi^h  station  as  Lord  Ui^h  Chancellor  of 
Great  Britain,  ought  not  to  be  exempted  from 
Ihia  part  of  the  »en fence,  which  bus  always 
^beeo  lb  ought  proper  to  be  inflicted  by  «or  an- 

^.  •  When  a  motion  for  any  resolution  or  order 
is  made,  if  there  be  an  a^uaiiiy  of  voice*,  it  al- 
iways  puies  in  the  negative* 


ceslors,  liolli  in  re^fard  to  the  safely  of  Ihe  go- 
vernnieni,  and  the  justice  of  this  House,  on 
pera^ins  convicted  of  crimes  of  <he  like  nature  | 
and  v^e  do  not  find  one  instance  on  the  Journals 
of  purl  lament^  where  this  penalty  has  been 
omilteif. 

^,  **  We  apprehend  that  his  majesty  having 
removed  the  earl  of  Macclesfield  from  the  trust 
rejiosed  in  him  by  the  cui»lody  of  the  great 
seal,  and  having  earnestly  recommended  to  the 
lords  commissioners  appointed  to  succeed  him^ 
the  taking  effectual  care,  that  entire  satisl:ic- 
tbn  be  made  to  Ihe  suitors  of  the  Coiirt,  and 
that  e»uch  suitors  be  nut  exposed  to  auy  dangers 
for  the  future,  and  having  folly  expressed  his 
gracious  disposition  that  the  said  lords  com- 
missioner^ should  look  narrowly  into  the  beha- 
viour of  all  Ihe  officers  under  thoir  jurisdirlioo, 
and  should  see  that  such  officer:;  act  v>  ith  the 
strictest  regard  to  justice,  and  lo  the  ease  of 
his  subjects,  (which  is  a  plain  indication  of  bii 
majesty's  just  resentment  of  the  Ear)*s  ill  con- 
duct, during  his  presiding  in  the  Court  of 
Chancery)  and  having,  in  great  tenderness  to 
the  injured  nation,  recommended  the  protec- 
tion of  Ihe  unhappy  sufferers  to  the  justice  of 
parliament,  we  I  bought  it  incumbent  upon  US| 
on  this  great  occasion,  when  the  Commons 
have  so  clearly  made  out  their  charge  against 
the  impeached  earl^  not  to  tiepart  from  the  me- 
lliods  of  our  ancestors  in  the  framing  of  our 
sentence,  with  an  unusual  tenderness  to  a  per- 
son, against  whom  the  whole  nation  crie^  for 
justice,  but  to  pursue  Iheir  glorious  steps  Ujfoti 
the  like  occasions,  and  to  incapacitate  the  said 
Earl  from  having  any  office,  place  or  em  ploy - 
mcnt  in  the  state  or  common  wealth,  as  the 
roost  effectual  means  lo  deter  others  from  being 
goiUy  of  the  like  crimes  for  the  future, • 

(Si^ncd^)  Wbartun,  AhingdoTt,  Bruce. 

Strafford  J  Pomfret,  Denbigh,  Compton.*' 

'<  ^Ve  1^0  dissent  to  the  before  tncntioneil 
question  for  the  reasons  following: 

1.  '^  This  House  having  resolved^  that  tbe 
House  of  Commons  have  made  good  their 
Charge  of  High  Crimes  and  Misdemeanor* 
against  the  Earl  impeached,  and  by  a  subse- 
quent re^lution  having  unanimously  declared 
him  guilty,  we  are  of  opinion,  that  it  is  a  ne- 
cessary consequence  in  law,  justice,  honour 
and  conscience,  that  the  disabilities  contained 
jn  the  question  proposed  should  bo  a  pait  of  biA 
pmiishment,  they  being  such,  as  we  think,  the 
wholesome  laws  and  statutes,  against  which  the 
Earl  hfts  offended,  do  expressly  ordain  for  the 
punishment  of  his  crimes,  and  such  as  the  na- 
ture, circumstances  and  consequences  of  hit 
guilt  do,  in  our  opinions,  most  justly  deserve, 

J.  **  The  Articles  of  the  House  of  CammanS| 
whereof  the  Earl  is,  in  our  opinions,  declar- 
ed guilty,  are  an  accusation  of  him  for  many 
repeated  acts  of  bribery «  f  xtortion^  perjury  and 
oppre?^sion,  committed  by  colour  of  his  office 
of  Lord  High  Chancellor,  and  of  many  endea- 
vours to  have  concealed  and  suppressed  thtt 
discovery  of  thetD^evea  from  the  Knowl«il^^<3kC 


I 


1395]  10  GEORGE  L  Trial  of  the  Earl  of  hfaedeflidd^ 


[lS9i 


a^iDst  Thomas  earl  of  Mtcoletfield,  for  Ifieir 
faithful  maoagemeDt  in  their  diitcbarge  of  the 
trust  reposed  in  them." 

A  Messacfe  was  brought  from  the  House  of 
Commons  oy  sir  William  Gage  and  others  to 
acquaint  the  House  of  Lords,  that  the  Com- 
moDS,  with  their  Speaker,  do  intend  immedi- 
ately to  come  to  demand  Judgement  against 
Thomas  earl  of  Macclesfield ;  and  do  desire 
that  the  Painted  Chamber,  and  other  passages 
to  the  Lords'  House,  may  be  cleared  forthwith^ 

The  messeni^ers  were  called  in,  and  told, 
that  the  Lords  had  gif  en  order  as  desired. 

Which  was  done  accordingly. 

Then  the  Commons  with  their  Speaker, 
being  present  at  the  bar  of  the  House,  the  lord 
chief  justice  King,  S|)eaker  of  the  House  <it 
XiOrds,  directed  the  gentleman  usher  of  tlic 
Black- Rod,  to  bring  Thomas  earl  of  Mnc- 
ciesfield  to  the  bar  ;  who,  aAer  low  obeisances 
made,  kneeled  until  the  said  lord  chief  justice 
acquainted  him  he  might  rise. 

Then  the  Speaker  of  the  House  of  Commons 
inud  as  follows : 

**  My  lords ;  The  knights,  citizens,  and 
burgesses  in  parliament  assembled,  in  the  name 
of  themselres,  and  of  all  the  Commons  of  Great 
Britain,  did  at  this  bar  ioopeach  Thomas  earl 
of  Macclesfield  of  Hiffh  Crimes  and  Misde- 
meanors ;  and  did  ei^hibit  Articles  of  Impeach- 
ment against  him  ;  and  ha?e  made  good  tlieir 
.  Charge : 

I'  1  do  therefore  in  the  name  of  the  knights, 
citizens,  and  burgesses  in  parliament  assem- 
bled, and  of  all  the  Commons  of  Great- Bri- 
tain, demand  Judgment  of  your  lordships 
against  Thomas  earl  of  Macclesfield,  for  the 
said  High  Crimes  and  Misdemeanors.'* 

Then  the  lord  chief  justice  King,  Speaker 
of  the  House  of  Lords,  said  ; 

"  Mr.  Speaker,  the  Lords  are  now  ready 
to  proceed  to  judgment  in  the  case  by  yon 
mentioned. 

^*  Thomas  earl  of  Macclesfield,  the  Lords 
have  unanimously  found  you  Guilty  of  FJi|>h 
Crimes  and  Misdemeanors,  charged  on  you  by 
the  f  m peach ment  of  the  House  of  Commons, 
^ud  do  now  according  to  law  proceed  to  ju^)^- 
ment  against  you,  which  I  am  ordertU  to 
pronounce. 

''Their  lordships'  Judgment  is,  and  thii 
hidi  court  doth  adjudge, 

'^  That  you,  Thomas  earl  of  Macclesfield, 
he  fined  iu  the  sum  of  30,000/.  unto  our  so • 
ye  reign  lord  the  king;  and  that  you  shall  be 
imprisoned  in  the  Tower  of  London,  and  there 
kept  in  safe  custody  until  you  shall  pay  the 
said  fine."* 

*  '*  Memorandum ;  the  proceeding  of  tlie 
Commons  to  demand  Judgment  against  the  eait 
of  Macclesfielil  was  in  this  manner: 

**  Mr.  Speaker  went  with  the  mace  before 
him  ;  the  gentleman-usher  of  the  Black  Rod-i 
meeting  Mr.  Speaker  at  the  bottom  of  the 


Then  the  Sp^ker  with  the  Commo&i  viib. 
drew,  and  the  earl  of  Maoclei6eM  watt^ 
from  the  bar. 

Ordered,  •«  Thit  the  Spnkcr  of  tbk  Em 
do  give  order  for  the  priDtiDg'  and  pobliiif    ' 
the  Trial  of  Thomas  earl  of  BlaeclesU; 
and  that  no  other  persoD  hot  smfff  as  he  M 
appoint,  do  presdttie  to  prtbt  the  same." 

Ordered,  «•  That  the  said  earl  of  VUtOa- 
field  be  committed  to  the  Tower  of  LnAa, 
there  to  be  kept  in  safe  coatody  until  he  drf 
pay  the  abovementiooed  ^ue  of  30,0(Ktf.  nikl 
King;f  and  that  thegeDttemaD-nsbcrirtli 


Painted  Chamber,  and  ooodiu^ng  Ualhm 
thence  to  the  door  of  the  House  oflVai: 

<*  And  Mr.  Speaker  went,  with  bbMSii 
his  right-hand,  to  the  har  of  the  iakl  Bsm; 
the  Serjeant  at  arms  attending^  the  Book  flf 
Commons  standing  at  the  bar,  on  Mr.  Spciler^ 
right-hand,  with  the  nonce  on  his  ihtiUv, 
all  the  time  Hr.  Speaker  continued  tttkhr 
of  the  Hoase  of  I\Ber8. 

««  Then  the  Lord  Chief  JnstHce  of  the  (M 
of  Common-Pleas,  beinf^  the  Speaker  d  lift 
House  of  Peers,  sitting  on  the  wool-tsdd- 
rected  the  Black  Rod  to  brtn^  the  carl  ofllM* 
elesfield  to  the  bar ;  which  was  done  tcni- 
ingly. 

<<  The  Black  Rod  being  at  the  bar;  stMC 
distance  from  Mr.  Speaker,  ou  his leAkaii 
and  the  earl  of  Macclesfield,  on  the  Uiihad 
of  the  Black  Rod,  the  SpeaJcer  of  the  Hmr 
of  Peers  directed  the  earl  of  Macdcsfieli  H 
his  first  coming  to  the  bar,  to  koed  dovi: 
%hich  he  did  accordingly,  in  the  prcseace  rf 
the  Commons,  till  the  Speaker  of  the  Hooteof 
Peers  bid  him  rise."    Comm.  Journal. 

t  **  Resolved,  ncm,  con.  That  an  bnmUeii- 
dress  be  presented  to  hi%  majesty,  that  beviB 
be  graciously  pleased  to  order,  that  the  iae 
imposed,  by  the  House  of  Lords,  on  Tboam 
earl  of  Macclesfield,  or  any  part  thereof,  as  tk 
same  shall  be  paid  into  the  Exchcqaer,  U 
issued,  and  naid,  into  the  Court  of  ChsDCcry, 
to  be  applied  towards  making  good  any  sf  tk 
losses  or  the  suitors,  occasioned  by  the  dc6- 
ciencies  of  the  Masters  of  tbe  aaio  Court,  ii 
that  Court  shall  think  fit  to  direct." 

<'  Ordered,  That  the  said  Address  be  prt- 
'sented  to  his  majesty  by  such  members  of  tks 
House  as  are  of  his  majesty's  most  lioooanUe 
privy -council. 

**  Mr.  Chancellor  of  the  Exchequer  reosrled 
to  the  House,  That  the  Address  of  this  Home. 
that  the  £arl  of  Macclesfield's  tine  may  be  ap- 
plied to  the  lienefit  of  the  suitors  of  the  said 
Court,  has  t)een  presented  to  his  msjcstr; 
and  that  his  majesty  had  commanded  him 'to 
acquaint  this  House,  that  his  rosjesty  iHII 
give  the  necessary  orders,  according  to  tbe 
desire  of  this  House."  Comm.  Jonm.  Ha>'  31. 

It  is  said  that  presently  after  the  eooclaum 
of  tbe  Trial,  the  king  eraaed  his  name  fr«B 
the  list  of  privy  oounseilora.  See  New  M* 
Hist.  vol.  7,  p.  558  s  ToL  8»  p.  479. 


1397] 


Jiit  High  Crimet  aud  Mudemeanort. 


A.D. 


[1398 


e  foUo wing  Proceed mffs  in  the  House  of 
>rdi»  ff  lalintj;  i«  lartl  Macde«fielil|are  extract- 
from  tbe  Jourutl : 


I  Bladl-Roti,  in  ivht>sp  cuHtoJy  the  said  £arl  at 
]  PfB'^'^^  i^*  ^^  '^^'(^  ftftfcty  ciirivf^  to  the  said 
Tawer.  and  deliver  hmi  to  the  cuiiKUible  thereof, 
or  in  hi»<  absence  to  the  Ueutetiant  or  <le|iuty- 
lii'Vitiniatit  of  tfie  smitie ;  and  that  the*  taiil  con- 
itable,  liiMiM^imnt,  nr  deputy -lieutenant  do  r€- 
ceivf  1  a'  the  nkid  Earl,  &nd  liiui  keep 

in  611^  there,  until   he  ihAll  have  paid 

the  sunt  Uut.  ' 

Then  the  llou«e  odjourDed  to  Mondavi  May 

And  the  cart  of  Macclesfield  was  conTeyed 
Id  the  Toiver,  where  he  cnntiQaed  |irl5uoer  for 
y      &amt  time  till  be  paid  hts  Goe. 

^F    May  96.  It  beiJi^  pn>poaed«  **  That  tbe  said 

Enrt  be  lined  in  lt»e  sum  of  30,000/.  to  the 

kin^*«  mnje^iy  :'*    After  debate;    and  readiuG^ 

the  jud<('ments  nf  this  House,  in  the  ca^n  hr»lh 

oi  the  discount  St.  Albaus,  and  the  furl  of  Mid- 

l^dlevex  ;    It  '    '*  Toank  the  opinir*ii 

^Kl  the  jnd  lie  %»\%  of  an  office, 

^^bfti  hath  »  Itninistralion  of  jiis- 

ticr»  be  ail  (  the  common  law  f" 

And  M  f|tii^; ^  :>...^f  d  upon  the  ^d  pro- 

poaitton  :  it  uaji  rt^olveil  in  the  negative. 

Then,  it  In  imr  movnl.  '*  To  rfgrUve,  that  Tbo* 

maseajl  r  ni:^*  the  quos* 

tioii  waa  (I  <       ■    •    ^  nas  reitolvM  ID 

tbe  adirmaiive. 

Tbe  que«<lion  waji  then  put,  **  Wbelbcr  -the 
aaid  Earl  shall  tie  for  ever  incapable  nf  nny  of- 
dace,  or  employfDeiil»  tn  tbe  state  or  cam- 
prealtb  V^    It  was  resolved  in  tbe  negative, 
nta  43 ;  Not  Conte&ta  4a.* 


*  Diaaentient* 

-  fr  -.-.e  it 


is  certain  that  1'  r 

the  crown,  tlie  seen  r 

'  ^:::hts,  and  the  pit-r  ^  t^iu  f.» 

[it  <-ou!(titution  in  church 


1.  -  ^^ 
and  * 

rebgtiMia  ..;  '  ^ 

of  our  Hr 
asditate.  LI...,    ^, 
itfrtiy  aud  abdity  o 
m^e^y  sKall  call  tn  1 

be  employed  in  any  oftice,  place  or  employ- 
meat  in  the  alate  or  comnionweuJtb. 

2«  **  Heeauae  we  conceive,  a  person  iin- 
pcacbed  by  tbe  House  of  Commons  of  corrnp- 
liofi  of  the  deepest  dye,  and  who,  after  a  full 
and  lei^'al  trial,  m%%  hy  ihiii  Uousc  unanimously 
found  g^url  ^ '  h  Crimes  and  Mi^cmean- 
ora,  dur;;  i   by   tbt  iioiMe  of  Com- 

\h  '  I .  I i  ni t;  1  •  C rimaa  and  Miadrraeanora 

\v  mititd  by  btm  in  the  execution  of 

'    n  s«(  Lord  Hi^b  Chr^^^  ^*  -   'f 
iretit  light  not  to  be  cKrn  >\ 

|,«...  ;..   a.c  »entenr«,  which  1,..^  .,«^...,^ 
^|»e«n  ttiought  proper  to  b«  mflir.ted  by  our  ati- 

*  When  a  motion  for  any  rnolution  or  order 
Ib  BMUtlei  if  tliere  be  an  e<|UJ4bty  of  voice».  it  al- 
<wajf  $mm  m  tbe  laif  an? c 


eestors,  botli  ui  re^rd  to  tbe  safety  of  the  go- 
verDtneat,  and  tbe  iuitice  of  tbia  House,  on 
persona  convicicd^of  crimes  of  ibe  like  nature; 
and  wa  do  not  6od  one  instance  on  tbe  Journals 
of  parliament,  where  this  penalty  baa  been 
omitted. 

^,  *^  We  apprehend  that  bts  majesty  having* 
removed  tbe  earl  of  IVIaccks^^eld  from  the  trust 
reposed  in  binn  by  the  cujjlody  of  the  great 
aeaU  and  havings  earnestly  recommended  to  tbe 
lort^  v^toners  appointed  to  s  '  'mi 

th^  Tectual  care,  that  eni  ^r- 

thJU  ne  iM.uie  lO  tbc  SUltOrS  of   the    t  uui  t,    lUld 

that  such  suitors  he  not  ex[iosed  to  any  dangers 
for  tbe  future,  aad  having  fully  expressed  his 
ig-racious  disjwisiiion  thai  the  said  lords  com- 
luissionert  should  look  narrowly  into  tbe  beha- 
f  iour  of  all  the  officeni  under  th*  ir  jivriwUction, 
aod  filiould  see  that  such  officers  act  with  the 
strictest  regard  to  justice,  and  to  the  cane  of 
Ilia  subjects,  (which  is  a  plain  indication  of  bis 
mi^ettty's  just  reaentment  of  the  Earl's  ill  coo* 
dtict,  during^  his  presiding  in  the  Court  of 
Chancery)  and  having,  in  great  tendeniesa  to 
the  injured  nation,  recommended  the  protec- 
tion of  the  unhappy  sufferers  to  the  ju^tic^  of 
parliament,  we  thought  it  incumbent  upon  us^ 
on  this  great  occasion,  when  tbe  Commons 
have  so  clearly  made  out  their  charge  against 
the  tm{>t»ched  earl,  not  to  depart  from  the  mo- 
tbods  of  our  ancestors  in  the  framing  of  our 
sentence,  with  an  unusual  tenderneaa  to  a  per* 
■ODt  agamsi  whom  tbe  whole  nation  cries  for 
justicet  bot  to  pur&uc  their  glorious  steps  u|^tt 
tbe  like  occasious,  and  to  incapacitate  the  said 
Earl  from  having  any  otfice,  place  or  employ- 
tnent  in  tbe  state  or  commonwealth,  as  the 
tnoBt  eflectual  means  to  deter  others  from  being 

guilty  of  tbe  like  crimes  for  the  future, 

(Si^ncd^)  W  barton,  Abingdctn,  Hruce» 
8traiford,  Pomfret,  Denbigh,  Complon.'* 

••  We  do  dissent  to  the  before  meotioned 
question  for  tbe  reasons  following ; 

1.  *^  This  House  having  resolved,  that  tbe 
House  of  Commons  have  made  good  their 
('hnvi'i'  rA  Ilurii  Critues  and  Misdemeauoni 
inpeached,  and  by  a  i^ubse- 
-       i  hiiving  unanimously  declared 

lutn  guilty,  wo  are  of  opinion,  that  it  is  a  ne- 
cessary consequence  in  law,  justicP|  honour 
ami  conFMriencCj  that  tbe  disabilities  contaiaed 
in  th^  question  proposed  shoidd  be  a  part  of  hii 
|)niiiahmcnt,  thc^y  '  !i,  as  we  think,  the 

wholeftume  laws  a  ,  ai^iust  which  the 

Earl  lwi<*  offended,  do  tvpitsi^ly  onhin  for  the 
punif hment  of  his  criinei^,  and  .such  as  the  na^ 
lure,   circumstances  and  c<i  n  oi'  bis 

guilt  do,  in  our  opinions,  nv  escrve, 

f .  *»  The  Articles  of  the  }iM^I^^  'uts, 

whereof  tbe  Eurl  is,  in  our  t»pi^  ir- 

ed  guitty,  arc  au  accusation  of  lu...  ...   .4. .my 

yepeaten  acts  of  bribery,  i  xtortion,  perjury  and 
oiinrr^vion.  committed  by  culour  of  iiitt  ufHca 
Li  h  Cbanceltor,  and  of  many  eiidea- 

v  ve  coticeatfd  and  suDpreaaed  the 

discovery  of  tbetD,#r«ti  from  tlie  auowledge  of 


1399] 


10  GEORGE  I. 


Trial  of  the  Earl  of  Maccleffieldf 


[1400 


bis  roajestv ;  those  crimes  therefore,  being  by 
the  laws  of  this  land,  aod,  as  we  belie?e,  bv  the 
laws  of  all  civilized  Dations  in  the  world,  ad- 
judged to  be  crimes  of  an  infamous  natare, 
we  think  the  incapacity  proposed  by  this  qnes- 
tioo  to  be  one  natural  and  unavoidable  step  to 
ba?e  been  made  by  this  House  in  the  judgment 
on  those  crimes. 

3.  <<  The  Earl,  in  his  Answer  to  the  Articles 
of  the  Commons,  hath  asserted,  that  the  taking 
the  many  sums  by  him  from  the  Masters  in 
Chancery,  which  sums  he  there  calls  presents, 
was  never  before  looked  upon  to  be  criminal ; 
and  hopes  that  the  giving  or  receiving  such  a 
present  is  not  criminal  in  itself,  or  by  the  com- 
mon law  of  this  realm,  and  that  there  is  not 
any  act  of  parliament  whatsoever  by  which  the 
same  is  made  criminal,  or  subject  to  any  pu- 
nishment or  judgment,  which  can  be  prayed  in 
this  prosecution :  The  Earl  himself,  and  his 
counsel  on  his  behalf,  upon  his  trial,  attempted 
to  justify  his  extortions  (then  called  couipli- 
tnents)  and  endeavoured  to  maintain,  that  they 
arc  conlbrmabic  to  the  laws  of  tiie  land  ;  but 
we  cannot  reflect  on  this  behaviour  of  the  Earl 
otlierwisethanasthe  highest  dishonour  thrown, 
by  him,  upon  the  laws  and  government  of  this 
kingdom,  and  a  most  daring  and  groundless 
endeavour  to  disparage  the  common  law  of  the 
land.  Magna  Charta  itself,  the  clear  and  ex- 
press injunctions  of  many  statutes,  particularly 
those  passed  in  the  reigns  of  Richard  8,  Henry 
4.  and  Edward  6,  in  this  behalf,  and  of  an  act 
pissed  this  sesjiion  of  parliament  for  the  in- 
demniiicatiou  of  the  3Iasters  in  Chancery ; 
against  the  plain  sense  of  aU  which  laws  the 
Earl  has,  in  our  opinions,  knowingly  and  wil- 
fully offended ;  and  as  this  unparalleled  justifi- 
cation allempted  by  the  Earl  will  be  trans- 
milted  to  all  posterity,  we  think  it  absolutely 
necessary  that  the  punishment  proposed  by  this 
(fuebtiun  should  have  been  inflicted,  in  vindica- 
tion of  the  laws  and  government  itself,  against 
the  aspersion  the  Earl  has  thrown  npun  both  ; 
and  (o  prevent  any  imputation  which  may 
hereafter  be  cast  on  tho  honour  and  justice  of 
tliis  House,  ashavin<;f,  on  tliis  occasion,  in  any 
(lot^rre  seemed  to  favour  or  countenance  such 
dufonce. 

-J.  *^  The  Earl  has  in  his  Answer  asserted 
some  of  his  practices  to  have  been  long  used 
by  his  predecessors,  and  by  others  bein<jf  chief 
justices,  3Iaslersoftlic  Ivolis,  and  other  judges; 
and  on  his  trial  olTcred  evidence  to  prove  his 
assertion  in  four  instances  only,  three  of  them 
in  the  time  of  one,  and  the  other  in  the  time 
of  his  immediate  predecessor ;  but  thounrh  those 
instances,  as  we  think,  were  unattended  with 
the  many  agifravaiions  of  the  Earl's  guilt  in 
those  respects,  yet  lest  those  examples,  to- 
Sj^ether  witii  that  of  the  Earl,  should  hereafter 
be  construed  a  mitigation  of  his,  or  an  encou- 
ragemrnt  to  the  like  oflence,  we  think  the 
punishment  now  proposed  ought  to  have  been 
inflicted,  by  which  it  would  become  the  more 
exemnlary  ;  and  the  rather,  because  it  appears 
to  ito  highly  probable,  that  the  imputatk>D|  as 


it  is  thrown  by  the  Earl  npoo  hit  predecenora,  . 
is  unjust ;  the  memory  or  many  of  those  wise 
and  excellent  persons  never  hanag  been,  as  we 
believe,  stained  with  an  impotBlkm,  till  the  ■ 
Earl  cast  it  on  them ;  aod  tome  of  his  prede- 
cessors having,  in  several  ages,  fmllenander  tbe 
severe  and  strict  inc^uisitioD  of  porliameot  for 
bribery  and  comipuon,  without  any  charge 
upon  them  for  that  criminal  practice. 

5.  <<  We  are  of  opinion,  tbmt  this  Hooif, 
DOW  exercising  its  judicature  as  tbe  saprcnc 
court  in  this  kmgdom,  upon  nn  accnsalioo  ti 
tbe  Commons  for  ofl*ences  aninst  the  koowH 
laws  of  the  land,  has  no  legal  power  or  anlbo- 
rity  to  dispense  with  or  omit  those  posiifc- 
ments  which  are  expressly  ordaiued  by  postirt 
acts  of  parliament;  and  it  appears  to  uiielic 
indisputable,  that  the  disabihties  propoKd  ^' 
this  question  are  expressly  ordainea  by  m 
statute  made  1 1  Hen.  4,  and  in  some  depce 
by  the  statute  5  and  6  Edw.  6,  ngaiost  bsviig 
and  selling  oflices,  for  the  very  same  oftnoM 
of  which  this  House  hath,  as  we  coneeivf,  de- 
clared (and  of  which  we  are  fully  satisfied  is 
our  consciences)  the  Earl  is  guilty ;  and  tke 
punishment  proposed  in  this  question  hathWcB  ^ 
inflicted  by  the  House  in  the  cases  of  the  M 
Bacon  and  the  earl  of  Middlesex,  for  oomp* 
tions,  in  our  opinions,  much  less  beiDOUs  ihu 
the  crimes  of  the  Earl  impeached;  aod  tbs 
judgments  given  by  this  House  on  those  tso 
persons  were  founded,  as  we  think,  not  oiiv 
upon  the  nature  of  the  crimes,  bat  were  •• 
rectcd  and  prescribed  by  the  acts  of  psrliaaot 
above  mentioned,  and  still  remain  on  tbs  re- 
cords of  tliis  House  unimpeached,  and  their  as- 
tbority  never  judicially  questioned,  to  eer 
knowledge,  but  are  often  referred  to  and  ap- 
proved by  the  most  learned  authors  andjud^ 
of  the  laws  of  this  land:  wc  are  iherefureot 
opinion,  that  it  was  not  only  wise,  but  fvcft 
that  the  law  requires,  that  the  judgment  up<a 
the  Earl  impeached  should  be  consonaDt  la 
this  respect  to  the  judgment  of  this  Hftit«c,  ia 
those  two  instances  ;  whereby  the  law  of  tbe 
land  in  this  particular  stands  declared,  as  s* 
tliink,  by  the  authority  of  the  supreme  jtidics* 
turc  of  the  kingdom ;  and  which  no  power  kfi 
than  the  authority  of  an  act  of  pariiameot,  is 
our  opinion.^,  can  abrogate. 

(3.  "  It  having  apf>earod,  on  the  trial  of  tbr 
impeached  lord,  that  the  most  dangerous  and 
dtsiructive  corruptions  have  been  committed 
by  him  whilst  in  the  highest  station  in  the  ad- 
niinistration  of  public  justice,  to  the  great  dis- 
honour of  the  crown,  and  the  detriment  nf 
great  numbers  of  the  king's  subjects  ;  and,  ia 
one  instance,  whilst  he  (with  others)  was  iu  tbe 
exercise  of  the  regal  authority  ;  we  think  it  ot 
the  highest  consequence  to  the  honour  and  ^ap- 
port  of  his  majesty's  government,  and  tlie 
satisfaction  of  the  whole  kingdom,  that  the 
Earl  should,  by  the  judgment  of  this  Home, 
have  been  incapacitated  from  ever  havint:  the 
power  or  opportunity  of  re- acting  the  hke  cor- 
rnptions,  against  which,  as  wecooceive,  there 
could  be  Bo  security,  but  by  iaflidiBg  opst 


1101] 


for  Hi^  Climes  and  MUdemeanori. 


A.  D.  1725. 


[I40f 


bim  the  disabilities  propoeeil  in  this  qnestion. 

(Signed,)  Scamlale,  Greenwich, 

Straffbrd,  Denbigh,  Bnchan,  Halifax, 
Harboroufph,  Selkirk,  Orkney,  Ashbum- 
haiD,  Wharton,  Carlisle,  Litchfield, 
Gower,  Brooke,  Bruce,  Alanchester, 
Hay,  Masham,  Northampton,  Abing- 
don, Bristol,  Bathurst,  Lechmerc,  Sua- 
>    sex." 

'*  Then  it  beings  mo? ed  to  resoWe,  That  the 
said  Earl  shall  never  sit  in  parliament,  nor 
vome  within  the  verge  of  the  Court,  after  de- 
bate, it  was  .rcsol?^  in  the  negative,  by  45 
•goinst  39. 

**  Dissentient' 

1.  **  We  cannot  agree  to  this  resolution  for 
the  reasons  given  in  the  last  Protest ;  and  fur- 
ther, we  conceive,  that  there  was  the  greater 
necessity  for  the  punishment  proposed  in  this, 
from  the  determination  of  the  House  on  the 
former  question,  from  whence  (and  also  from 
the  question  having  passed  in  the  negative) 
there  remains,  as  we  apprehend,  no  pnnisnment 
but  a  pecuniary  one,  to  be  inflicted  on  the  im- 
pcfached  Earl  ror  his  heinous  and  unexampled 
misdemeanors;  which  punishment  we  think 
(and  we  fear  the  whole  nation  will  judge)  to  he 
utterly  unadeqnate  to  his  transgressions,  and 
aot  consistent  with  the  resolutions  already 
passed  by  this  House  upon  the  Earl,  whereby 
fie  is  rendered  in  judgment  of  law,  as  we  think. 
An  infamous  person,  and  not  capable  of  bearing 
testimony  as  a  witness,  much  less  to  lit  in  this 
supreme  court  as  a  judge,  perhaps  on  points 
of  the  highest  moment  to  the  kingdom,  and 
over  the  lives,  liberties  and  properties  of  the 
subjects,  many  of  which  he  has,  m  our  opi- 
nions, already  so  notoriously  iujured. 

S.  "  Because  we  find,  that  the  punishment 
now  proposed  has  been  inflicted  in  the  two  in- 
stances of  lord  Bacon  and  the  earl  of  Middle- 
sex ;  and  the  like  in  earlier  instances,  particu- 
Jarly  in  the  case  of  Hubert  de  Burgo,  created 
earl  of  Kent,  who  was  aflerwards  charged  in 

Srlianficrit  for  counselling  the  kin{f  to  cancel 
agna  Charta,  and  for  other  oflences:  and 
was  degraded  from  his  dignity  hy  the  judgment 
of  his  peers;  and  we  conceive,  that  the  con- 
demnation nhicli  this  House  has  already 
passed  on  this  Earl  is  founded  upon  the  most 
agfrravated  uui!t  uhich  has  ever  appeared  in 
any  criminal,  who«e  offences  were  not  capital ; 
amongst  which  his  reoeate<l  wholesales  (as  we 
conceive  them  to  be)  of^the  justice  of  the  Court 
of  Chancery,  in  the  corrupt  dispositions  of  the 
Offices  of  the  Masters,  were,  as  far  as  in  him 
lay,  so   many  barters   and  sales  of  Magna 


Charta  itself,  by  which  the  tale  of  justice  b 
prohibited. 

3.  '*  We  conceive  it  to  be  utterly  inconsis- 
tent with  the  honour  and  dignity  of  this  House, 
to  suffer  a  lord  condemned,  as  we  think,  for 
the  most  dangerous  corruptions  committed  by 
him  whilst  he  was  a  judge,  to  continue  after- 
wards in  the  enjoyment  of  his  seat  in  this 
House,  under  no  otner  censure  than  of  a  fine, 
and  imprisonment  till  that  is  paid;  because 
we  fear,  it  may  hereafter  give  too  much  en- 
couragement to  the  worst  corruptions  in  tlie 
greatest  officers  of  state,  if,  from  the  example 
of  this  earl,  it  should  be  hoped  their  crimes 
may  be  ransomed  by  a  small  part,  perhaps,  of 
their  corrupt  and  extorsive  gains ;  by  which  • 
means  the  greatest  offenders  of  this  sort  may 
think  their  impunity  the  more  secure,  by  so 
much  the  higher  tnat  they  carry,  and  the 
more  they  succeed  in  their  corrupt  practices : 
We  think  also,  that  the  sum  of  30,000/.  if  that 
should  be  the  fine,  does  very  little,  if  at  all,  ex- 
ceed the  gross  sums  this  Earl  has  received, 
as  we  believe,  in  bounties  from  his  majesty, 
over  and  above  the  due  profits  of  his  offices, 
and  the  other  great  sums  he  has  extorted  and 
still  retains ;  we  are  therefbre  of  opinion,  tliat 
the  infamy,  which,  we  think,  is  due  to  the 
crimes  of  which  the  Eari  is  condemned^  shouhl 
have  been  fixed  upon  bim  by  the  dnabilitj 
proposed  in  this  question. {Signed)^  Scars- 
dale,  Wharton,  StraflTord,  Selkirk,  Man- 
chester, Gower,  Bathurst,  HarboroMgbt 
Northampton,  Brooke,  Bruce,  Buchan, 
Denbigh,  Halifax,  Lecfamere,  Masham, 
Greenwich,  Ashbumharo,  Abingdon^ 
Carlisle,  Bristol,  Hay,  Litchfield,  Ork- 
ney." 

We  dissent  to  the  last  mentioned  question  for 
the  reasons  following : 

1.  ''  For  tbe  first  reasons'  given  on  the  fore- 
going question,  which  we  apprehend  hoM  the 
stronger  against  his  being  permitted  to  sit  in 
the  highest  couft  of  judicature,  since  it  may 
expose  the  judgment  of  tliis  House  to  censure, 
when  a  person  guilty  of  such  corrupt  practices 
shall  be  one  of  the  judges. 

3.  <*  We  apprehend,  that  a  person  whom 
his  majesty  has  in  such  a  manner,  removed 
from  being  a  juUge  of  his  subjects  properties, 
cannot  be  thought  fit  to  sit  in  this  House,  in 
such  case  as  may  affect  the  lives  of  every  peer 
of  this  House,  and  the  property  of  all  the  sub- 
jects of  Great  Britain. (Siened),  Wharton, 

Pomfret,  Abingdon,  Bruce,  Compton. 

Strafford." 


END  OF  VOL.  XVI. 


Printed  by  T.  C  Haimrd,  Peterbnroafti-Court, 
Fleet-Street,  London.      


ADDENDUM  TO  VOL.  XVL 

Tkefottdwing  Note  loas  acdderdaUy  omitted  in  Us  proper  flaee  : 
Note  to  words  •<  Vr.  Justice  Eyre,*'«  p.  84,  of  this  Volame. 


^  Mr.  Justice  Poster  was  of  opioioo  that  this 
Case  never  occurred.  Where  he  first  men- 
lions  it,  he  writes  in  italics  '*  if  such  case  there 
erer  was.*'  And  proceeds :  **  This  Case  is  not 
to  he  found  in  any  Report,  printed  or  MS.  that 
I  ha?e  met  with,  or  heard  ofj  nor  haye'I^upoo , 
n  strict  enquiry,  met  with  any  footsteps  of  such 
Case  amongr  the  miontes  of  proceedfugs  on  the 
Crown-side  in  the  county  where  the  Case  b 
supposed  to  ha?e  nrisen ;  though  the  mmutes 


from  1708  to  17S9  have  been  carefully  searcM. 
For  these  reasons,  and  what  is  suggested  iotke 
marginal  Note,  1  conclude,  that  no  such  Can 
ever  existed.'' 

The  foilowinff  is  the  Note : 
**  Justice  Em  did  not  go  the  Wcftai 
Circuit  in  the  Suinmer  1712.  Ward  and  Price 
went  at  that  time.  This  information  I  have 
from  Mr.  Maddock,  Clerk  of  Assize  of  die 
Western  Circuit." 


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